A. The "state ethics commission", as created in Article 5, Section 17 of the constitution of New Mexico, is composed of seven commissioners, appointed as follows:
(1) one commissioner appointed by the speaker of the house of representatives;
(2) one commissioner appointed by the minority floor leader of the house of representatives;
(3) one commissioner appointed by the president pro tempore of the senate;
(4) one commissioner appointed by the minority floor leader of the senate;
(5) two commissioners appointed by the four legislatively appointed commissioners; and
(6) one commissioner appointed by the governor, who shall be a retired judge and who shall chair the commission.
B. No more than three members of the commission may be members of the same political party.
C. The appointing authorities shall give due regard to the cultural diversity of the state and to achieving geographical representation from across the state. Each appointing authority shall file letters of appointment with the secretary of state.
D. Commissioners shall be appointed for staggered terms of four years beginning July 1, 2019. The initial commissioners appointed by the speaker of the house of representatives and senate minority floor leader shall serve an initial term of four years; members appointed by the president pro tempore of the senate and house minority floor leader shall serve an initial term of two years; members appointed by the legislatively appointed members shall serve an initial term of one year; and the member appointed by the governor shall serve an initial term of three years. Members shall serve until their successors are appointed and qualified.
E. A person shall not serve as a commissioner for more than two consecutive four-year terms.
F. When any member of the commission dies, resigns or no longer has the qualifications required for the commissioner's original selection, the commissioner's position on the commission becomes vacant. The director shall notify the original appointing authority of the vacant position. The original appointing authority shall select a successor in the same manner as the original selection was made. A vacancy shall be filled by appointment by the original appointing authority no later than sixty days following notification of a vacancy for the remainder of the unexpired term. A vacancy on the commission shall be filled by appointment by the original appointing authority for the remainder of the unexpired term.
G. The commission shall meet as necessary to carry out its duties pursuant to the State Ethics Commission Act. Commissioners are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
H. Four commissioners consisting of two members of the largest political party in the state and two members of the second largest political party in the state constitute a quorum for the transaction of business. No action shall be taken by the commission unless at least four members, including at least two members of the largest political party in the state and two members of the second largest political party in the state, concur.
I. A commissioner may be removed only for incompetence, neglect of duty or malfeasance in office. A proceeding for the removal of a commissioner may be commenced by the commission or by the attorney general upon the request of the commission. A commissioner shall be given notice of hearing and an opportunity to be heard before the commissioner is removed. The supreme court has original jurisdiction over proceedings to remove commissioners, and its decision shall be final. A commissioner is also liable to impeachment pursuant to Article 4, Section 36 of the constitution of New Mexico.
History: Laws 2019, ch. 86, § 3.
ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 3 effective July 1, 2019.
Applicability. — Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
Temporary provisions. — Laws 2019, ch. 86, § 37 provided that:
A. By October 1, 2021, the state ethics commission shall submit a report to the legislature and the office of the governor regarding whether to extend commission jurisdiction.
B. If the report recommends extension of the state ethics commission's jurisdiction, the report shall address:
(1) a detailed plan for implementation of an extension of the commission's jurisdiction and a proposed time line for the implementation;
(2) the estimated number of additional employees and other resources needed by the commission to perform its expanded duties;
(3) estimated budget increases needed for the commission to perform its expanded duties; and
(4) recommended changes to existing law.