HOUSE RESOLUTION 05

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

INTRODUCED BY

Ray Begaye

A RESOLUTION

CONSTITUTING ARTICLES OF IMPEACHMENT OF ELIZABETH SHIRLEY BACA, A PUBLIC REGULATION COMMISSIONER; BEING A RECITATION OF THE GROUNDS UPON WHICH THE HOUSE OF REPRESENTATIVES FINDS THAT ELIZABETH SHIRLEY BACA HAS COMMITTED CRIMES, MISDEMEANORS AND MALFEASANCE IN OFFICE AND SHOULD BE REMOVED FROM OFFICE PURSUANT TO SECTIONS 35 AND 36 OF ARTICLE 4 OF THE CONSTITUTION OF NEW MEXICO.

     WHEREAS, Elizabeth Shirley Baca was elected to the position of public regulation commissioner on November 5, 2002 for a term of four years; and

     WHEREAS, Elizabeth Shirley Baca took the office of public regulation commissioner on January 1, 2003; and

     WHEREAS, prior to taking office, Elizabeth Shirley Baca swore an oath required by Article 20, Section 1 of the constitution of New Mexico to support the laws of the state; and

     WHEREAS, on December 8, 2004, Elizabeth Shirley Baca was arrested in the city of Albuquerque for possession of a controlled substance, less than one ounce of marijuana, in violation of Section 30-31-23 NMSA 1978, a petty misdemeanor, and for possession of drug paraphernalia in violation of Section 30-31-25.1 NMSA 1978, a misdemeanor; and

     WHEREAS, on December 8, 2004, Elizabeth Shirley Baca admitted to the arresting officer that she occasionally smokes marijuana, a controlled substance; and

     WHEREAS, Article 4, Section 36 of the constitution of New Mexico provides, in pertinent part, that "All state officers . . . shall be liable to impeachment for crimes, misdemeanors and malfeasance in office . . . ";

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that there are three grounds for impeachment of Elizabeth Shirley Baca, public regulation commissioner:

          Ground 1. Elizabeth Shirley Baca committed the petty misdemeanor of possession of a controlled substance by both action and admission;

          Ground 2. Elizabeth Shirley Baca committed the misdemeanor of possession of drug paraphernalia; and

          Ground 3. Elizabeth Shirley Baca committed malfeasance in office by violating her constitutional oath to support the laws of the state; and

     BE IT FURTHER RESOLVED that the house of representatives direct the speaker to appoint a committee of three members, any one of whom may act for the committee, not all of the same political party, to inform the senate of the passage of these articles and to prosecute the removal of Elizabeth Shirley Baca from the office of public regulation commissioner in the name of the house.

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