HOUSE BILL 280

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO EXECUTIVE REORGANIZATION; CREATING THE OFFICE OF PEACE; PROVIDING POWERS AND DUTIES; CREATING THE CITIZENS PEACE ADVISORY COUNCIL; MAKING AN APPROPRIATION.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Office of Peace Act".

     Section 2. PURPOSE.--The purpose of the Office of Peace Act is to establish an office dedicated to peacemaking, justice and human rights; training that will enable the prevention, management and resolution of conflict without violence; and the study and implementation of conditions that are conducive to a culture of peace.

     Section 3. DEFINITIONS.--As used in the Office of Peace Act:

          A. "council" means the citizens peace advisory council;

          B. "dialogue" means a facilitated process of a group of people taking turns talking and listening to each other to allow an exchange of diverse ideas, opinions and experiences that fosters greater understanding;

          C. "director" means the director of peace; and

          D. "office" means the office of peace.

     Section 4. OFFICE ESTABLISHED.--The "office of peace" is created. The office shall be administratively attached to the department of finance and administration. For purposes of this section, the term "administratively attached" has the meaning specified in Section 9-1-7 NMSA 1978.

     Section 5. DIRECTOR--APPOINTMENT.--

          A. The administrative head of the office is the "director of peace", who shall be appointed by the governor with the consent of the senate.

          B. The director shall have no fewer than fifty hours of training in peacemaking mediation, conflict resolution or dialogue and at least one year of experience in applying these skills in a community setting or equivalent life experience.

          C. The director shall serve and have all the duties, responsibilities and authority of the office during the time prior to final action by the senate confirming or rejecting the appointment.

     Section 6. DIRECTOR--DUTIES.--

          A. The director is responsible to the governor for the operation of the office. It is the director's duty to manage all operations of the office. The director shall employ professional and clerical assistance, contractors and general counsel as deemed necessary and shall oversee staff performance, setting priorities within time and budget constraints. The director shall apply the resources and skills of the office to four areas: prevention, management and resolution of conflict; public education; policy; and public information.

          B. In regard to the prevention, management and resolution of conflict, the director shall have the duty to:

                (1) organize and participate in public dialogues throughout the state, providing a diplomatic method for addressing controversial issues and conflicts;

                (2) analyze and build upon existing policies and programs and develop new approaches, in collaboration with established institutional and agency efforts and nongovernmental organizations, for preventing, managing and resolving social conflict, including:

                     (a) spouse abuse, child abuse and mistreatment of the elderly;

                     (b) crime, punishment, rehabilitation and pursuit of restorative justice;

                     (c) school and gang violence;

                     (d) hate crimes, such as racial and ethnic violence and violence based on sexual orientation;

                     (e) disputes between the police and community members;

                     (f) natural resource disputes within and between communities; and

                     (g) disputes within and between government agencies; and

                (3) assist in establishing community-based violence prevention programs, including violence prevention counseling and peer mediation and dialogues in schools, and peaceful settlement programs for police and other public safety officers.

          C. In regard to public education, the director shall have the duty to:

                (1) develop a peace education curriculum, which shall include the study of:

                     (a) the constitutions of the United States and New Mexico and the universal declaration of human rights adopted by the general assembly of the United Nations in 1948 to develop understanding as to how these documents serve the interests of peace;

                     (b) historical advancements in the peace, civil, social justice and human rights movements in the United States and throughout the world, with special emphasis on how individual and group commitment to nonviolence has contributed to advancements in the interests of peace and justice; and

                     (c) peace agreements and circumstances in which peaceful intervention has succeeded in stopping conflict;

                (2) cooperate with the secretary of public education and superintendents of New Mexico public school districts to develop and make available curricula and supporting materials for use in school districts to facilitate instruction in peaceful conflict resolution, peace awareness and other peace objectives at public schools or any combination of public schools in a school district; and

                (3) provide peace education grants for the creation and expansion of peace studies and programs at all educational levels.

          D. In regard to policy, the director shall have the duty to:

                (1) promote counseling and community support on behalf of victims of violence and for family members of perpetrators of violence;

                (2) develop and support community-based strategies for celebrating diversity to promote tolerance and understanding among the diverse people in New Mexico and to help reduce racial and class tension;

                (3) create a community peace block grant program to provide grants to nonviolent conflict resolution programs and local nongovernmental peace-building initiatives; and

                (4) study and promote a sustainable, life-affirming economy that puts people and justice first, as an essential avenue to peace and security, including:

                     (a) offering nonviolent conflict resolution strategies on issues that threaten community well-being and security and disputes concerning wise use of water and other natural resources and protection of the environment;

                     (b) promoting renewable, sustainable technologies; and

                     (c) encouraging the conservation and restoration of natural resources to prevent future conflicts stemming from resource scarcity and environmental contamination.

          E. In regard to public information, the director shall have the duty to:

                (1) gather information on effective community peace-building activities and disseminate the information;

                (2) make studies available to the public that address the role of the media as it affects the escalation or recession of conflict;

                (3) publish activities of the office and encourage scholarly participation; and

                (4) hold conferences to create awareness of the office's findings.

     Section 7. COUNCIL--CREATION--MEMBERS--RESPONSIBILITIES--COMPENSATION.--

          A. The "citizens peace advisory council" is created and shall be composed of the director and ten appointed members as follows, who reflect the multicultural, gender, economic, geographic and political diversity of the people of New Mexico:

                (1) one representative from an established peace advocacy organization, appointed by the director;

                (2) one representative from a religious or spiritual organization, appointed by the director;

                (3) one representative from a local, county or state law enforcement agency, appointed by the secretary of public safety;

                (4) one health professional with expertise in behavioral and public health issues, appointed by the secretary of health;

                (5) one representative from an environmental and energy conservation organization with expertise in alternative energy use, appointed by the secretary of environment;

                (6) one veteran who has served in an armed conflict, appointed by the secretary of veterans' services;

                (7) one public school educator, appointed by the secretary of public education;

                (8) one representative affiliated with the arts, appointed by the chairperson of the New Mexico arts commission;

                (9) one youth representative, between the ages of fifteen and twenty-four years, appointed by the director; and

                (10) one member appointed by the secretary of Indian affairs.

          B. The term of service of council members shall be four years. The initial terms shall be staggered. The terms of five members shall expire at the end of the initial two years and the terms of five members shall expire at the end of the initial four years. The initial terms shall be selected by random drawing. A citizen member of the council shall not serve more than two full terms. In the event of a vacancy on the council, a new member shall be appointed for the unexpired term.

          C. The council shall select a chairperson, a vice chairperson and other officers as it deems necessary.

          D. The council shall meet no less than twice annually and may meet more frequently upon the call of the chairperson. The council shall:

                (1) use the dialogue process in its interactions with each other and the staff;

                (2) provide assistance and make recommendations to the director and the governor concerning policies and practices relating to state peace activities;

                (3) annually submit a report to the director and the governor reviewing the impact of state peace activities on local governments and communities; and

                (4) publicize and allot time to receive and report citizen input at regular council meetings maintaining the grassroots connection with the citizens of New Mexico.

          E. Council members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

     Section 8. OFFICE LOGO.--The logo is an ancient universal symbol most recently copyrighted in 1935 by artist Nicholas Roerich to symbolize an international pact for the preservation of culture. The Roerich museum in New York city has granted permission to any state creating a department or office of peace the right to use this symbol. The office shall use this logo on appropriate correspondence and publications.

     Section 9. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the office of peace for expenditure in fiscal year 2006 to carry out the provisions of the Office of Peace Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall not revert to the general fund.

     Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

- 10 -