Ethics: New Mexico's Conflict of Interest Definition

This page is intended to provide general information and does not necessarily address all aspects of this topic. Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors. It reflects in summary form statutes/constitutional provisions/legislative chamber rules in effect as of 5/31/2008 or statutes set to take effect shortly thereafter.

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New Mexico's Policy Statutory Reference

CHAPTER 10.  PUBLIC OFFICERS AND EMPLOYEES
ARTICLE 16.  GOVERNMENTAL CONDUCT
§ 10-16-2.  Definitions

...
E. "financial interest" means an interest held by an individual or the individual's family that is:

      (1) an ownership interest in business; or

      (2) any employment or prospective employment for which negotiations have already begun;
...

J. "substantial interest" means an ownership interest that is greater than twenty percent.

N.M. Stat. Ann. § 10-16-2 (2008).

CHAPTER 10.  PUBLIC OFFICERS AND EMPLOYEES
ARTICLE 16.  GOVERNMENTAL CONDUCT
§ 10-16-3.  Ethical principles of public service; certain official acts prohibited; penalty

A. A legislator, public officer or employee shall treat the legislator's, public officer's or employee's government position as a public trust. The legislator, public officer or employee shall use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests incompatible with the public interest.

B. Legislators, public officers and employees shall conduct themselves in a manner that justifies the confidence placed in them by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service.

C. Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct. At all times, reasonable efforts shall be made to avoid undue influence and abuse of office in public service.

D. No legislator, public officer or employee may request or receive, and no person may offer a legislator, public officer or employee, any money, thing of value or promise thereof that is conditioned upon or given in exchange for promised performance of an official act. Any person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

N.M. Stat. Ann. § 10-16-3 (2008).

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Center for Ethics in Government