HOUSE BILL 429

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Micaela Lara Cadena

 

 

 

 

 

AN ACT

RELATING TO PUBLIC RECORDS; REQUIRING DISCLOSURE OF THE NAMES OF FINALISTS FOR APPOINTIVE EXECUTIVE POSITIONS; PROVIDING FOR THE COLLECTION OF CERTAIN DEMOGRAPHIC DATA FOR APPLICANTS AND CANDIDATES FOR APPOINTIVE EXECUTIVE POSITIONS; PROVIDING AN EXEMPTION TO THE INSPECTION OF PUBLIC RECORDS ACT; REPEALING SECTION 21-1-16.1 NMSA 1978 (BEING LAWS 2011, CHAPTER 134, SECTION 23).

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Inspection of Public Records Act is enacted to read:

     "[NEW MATERIAL] APPOINTIVE EXECUTIVE POSITION-- EXCEPTION--PUBLICATION REQUIRED OF FINALISTS.--

          A. A state agency or institution or political subdivision of the state shall make publicly available on the agency's, institution's or political subdivision's website the names and resumes of no fewer than three finalists for an appointive executive position. The names and resumes shall be made publicly available no fewer than ten days prior to the final decision to select one of the finalists for the position. If fewer than three applicants or candidates for an appointive executive position possess the minimum qualifications for the position, those applicants or candidates shall be considered finalists.

          B. A state agency or institution or political subdivision of the state shall establish and maintain a process for collecting demographic data from applicants and candidates for appointive executive positions on a voluntary and anonymous basis. The data collected shall include the applicant's or candidate's self-reported sex, gender identity, sexual orientation, race, ethnicity and primary and other languages spoken. The individual-level data collected shall be

maintained as confidential and shall not be disclosed to any person involved in, or who may affect, the selection, appointment or hiring process. When the finalists for the appointive executive position are announced, the state agency or institution or political subdivision of the state shall make publicly available the demographic data collected; provided that the data shall be aggregated and shall not contain personally identifiable information.

          C. Records that would reveal the identity of an applicant or candidate for an appointive executive position, except for finalists as provided in this section, are exempt from inspection pursuant to the Inspection of Public Records Act.

          D. Letters of reference or medical or psychological data concerning finalists shall not be made public or made available for public inspection or copying.

          E. For the purposes of this section:

                (1) "appointive executive position" means a non-elected chief executive officer of a state agency or institution or political subdivision of the state, but does not include a political appointment, including a cabinet secretary; and

                (2) "finalist" means an applicant or candidate for an appointive executive position who is a member of the final group of applicants or candidates."

     SECTION 2. REPEAL.--Section 21-1-16.1 NMSA 1978 (being Laws 2011, Chapter 134, Section 23) is repealed.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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