New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 8 - STATE ETHICS COMMISSION › Part 4 - CODE OF ETHICS › Section 1.8.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following terms apply to this part unless their context
				  clearly indicates otherwise:
A.
"Agency"
or
"this Agency"
means the agency that has
				adopted this proposed code of ethics.
B.
"Business"
means any person,
				company or other organization that buys, sells or provides goods or services,
				including non-governmental or not-for-profit organizations.
C.
"Code"
means this proposed
				code of ethics.
D.
"Commission"
means the State Ethics Commission.
E.
"Confidential information"
has the same meaning as defined by Subsection B of Section
				10-16-2
				NMSA 1978, namely, information that by law or practice is not available to the
				public.
F.
"Family
				member"
means a first-degree, second-degree or third-degree relative, as
				those terms are defined at Subsection B of 1.8.4.14 NMAC.
G.
"Financial interest"
means an
				ownership interest in a business or property; or employment or prospective
				employment for which negotiations have already begun.
H.
"Gift"
has the same meaning
				as defined by Subsection B of Section
				10-16B-2
				NMSA 1978, namely, any donation or transfer without commensurate consideration
				of money, property, service, loan, promise or any other thing of value,
				including food, lodging, transportation and tickets for entertainment or
				sporting events, but does not include:
(1) any
				activity, including but not limited to the acceptance of a donation, transfer
				or contribution, or the making of an expenditure or reimbursement, that is
				authorized by the Campaign Reporting Act or the Federal Election Campaign Act
				of 1971, as amended;
(2) a gift
				given under circumstances that make it clear that the gift is motivated by a
				family relationship or close personal relationship rather than the recipient's
				position as a state officer or employee or candidate for state
				office;
(3) compensation for
				services rendered or capital invested that is:
(a) normal and reasonable in
				amount;
(b) commensurate with the
				value of the service rendered or the magnitude of the risk taken on the
				investment;
(c) in no way increased
				or enhanced by reason of the recipient's position as a state officer or
				employee or candidate for state office; and
(d) not otherwise prohibited by
				law;
(4) payment for a
				sale or lease of tangible or intangible property that is commensurate with the
				value of the services rendered and is in no way increased or enhanced by reason
				of the recipient's position as a state officer or employee or candidate for
				state office;
(5) a commercially
				reasonable loan made in the ordinary course of the lender's business on terms
				that are available to all similarly qualified borrowers;
(6) reimbursement for out-of-pocket expenses
				actually incurred in the course of performing a service for the person making
				the reimbursement;
(7) any gift
				accepted on behalf of and to be used by the state or a political subdivision of
				the state, including travel, subsistence and related expenses accepted by a
				state agency in connection with a state officer's or employee's official duties
				that take place away from the state official's or employee's station of
				duty;
(8) anything for which fair
				market value is paid or reimbursed by the state officer or employee or
				candidate for state office;
(9)
				reasonable expenses for a bona fide educational program that is directly
				related to the state officer's or employee's official duties; or
(10) a retirement gift.