Changes to New Mexico employees' and politicians' anti-corruption law clear first committee

Robert Nott, The Santa Fe New Mexican
·2 min read

Jan. 24—Public employees and elected officials could find themselves facing fines of up to $10,000 if they violate the state's Governmental Conduct Act under a new bill that cleared its first committee.

House Bill 8 would not only raise the ceiling for fines from $250 to up to $10,000 but provide more clarity regarding prohibited activities under the act, including engaging in political activities while on duty, while wearing a uniform or using a state vehicle — except for state law enforcement officers who may be serving on a security detail. The House Government, Elections and Indian Affairs Committee voted unanimously Wednesday to move the bill forward to the House Judiciary Committee for consideration.

Rep. Kathleen Cates, D-Rio Rancho, co-sponsor of the bill, said during the hearing the bill would provide more guidance on "quid pro quo corruption and acquisition of financial interests resulting from an official act and misuse of public property."

The goal is to ensure there is a way to hold public officials who violate the law responsible with the potential for higher fines, Cates said. She said the fines levied against state and elected officials have not been raised since 1993.

The New Mexico Governmental Conduct Act governs the ethical and legal conduct of public officers and employees at all levels of government.

Jeremy Farris, executive director of the State Ethics Commission, testified in favor of the bill, saying it reflects an effort to address a 2022 state Supreme Court ruling that said some sections of the current law are overly vague when it came to defining what constituted an offense or violation. That ruling came in response to four separate cases involving charges of unethical behavior on the part of state and local officials.

Committee members, as well as representatives of good-government groups, expressed support for the idea of doing more to hold public officials and employees more accountable, and Gov. Michelle Lujan Grisham has signaled her support for the bill. If the Legislature passes it and she signs it into law, it would go into effect mid-May.