SENATE JOINT RESOLUTION 6
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Leonard Lee Rawson
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLES 5 AND 6 OF THE CONSTITUTION OF NEW MEXICO TO CREATE A STATE ETHICS COMMISSION WITH THE POWER TO INVESTIGATE AND ADJUDICATE ALLEGED VIOLATIONS OF ETHICAL CONDUCT COMMITTED BY ELECTED OFFICIALS, APPOINTED OFFICIALS AND EMPLOYEES OF THE STATE AND ITS POLITICAL SUBDIVISIONS AND TO ABOLISH THE JUDICIAL STANDARDS COMMISSION.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. It is proposed to amend Article 5 of the constitution of New Mexico by adding a new section to read:
"A. The "state ethics commission" is created, consisting of the following eight commissioners:
(1) one commissioner appointed by the majority floor leader of the senate;
(2) one commissioner appointed by the majority whip of the senate;
(3) one commissioner appointed by the minority floor leader of the senate;
(4) one commissioner appointed by the minority whip of the senate;
(5) one commissioner appointed by the majority floor leader of the house of representatives;
(6) one commissioner appointed by the majority whip of the house of representatives;
(7) one commissioner appointed by the minority floor leader of the house of representatives; and
(8) one commissioner appointed by the minority whip of the house of representatives.
B. All commissioners shall be residents of New Mexico. No more than four commissioners shall be registered members of the same political party and no person whose party registration changed in the year prior to appointment shall be appointed to the state ethics commission. In making the appointments, the appointing authorities shall give due consideration to achieving geographical representation from across the state.
C. Commissioners shall be appointed for staggered terms of four years. Upon initial appointment of the state ethics commission, the commissioners shall draw lots to determine which two commissioners shall serve an initial term of one year, which two commissioners shall serve an initial term of two years, which two commissioners shall serve an initial term of three years and which two commissioners shall serve an initial term of four years; thereafter, all commissioners shall serve four-year terms. A person shall not serve as a commissioner for more than two consecutive four-year terms.
D. The state ethics commission shall select a chair and other officers as it deems necessary. A commissioner shall not serve as chair for more than one year during the commissioner's term; and, for a commissioner who serves two consecutive terms, at least three years shall intervene between the commissioner's service as chair. Six commissioners constitute a quorum for the transaction of business. No action shall be taken unless at least six commissioners concur. The commission shall meet as necessary to carry out its duties pursuant to this section.
E. A vacancy on the state ethics commission shall be filled by appointment of the appointing authority for that commissioner's position for the remainder of the unexpired term. A commissioner may only be removed for incompetence, neglect of duty or malfeasance in office. A proceeding for the removal of a commissioner may be commenced only by the commission or by the attorney general upon the request of the commission. The supreme court of New Mexico has exclusive jurisdiction over proceedings to remove commissioners, and its decision shall be final. A commissioner shall be given notice of hearing and an opportunity to be heard before the commissioner is removed.
F. During a commissioner's service and for a period of three calendar years immediately preceding a commissioner's term and following the expiration of the commissioner's term or following the resignation or removal of the commissioner, the commissioner shall not:
(1) hold or seek an elective or appointed office of the state or a political subdivision of the state;
(2) hold or seek an elective office in a political party;
(3) be an employee of the state or a political subdivision of the state; or
(4) be a lobbyist required to register with the secretary of state pursuant to law.
G. The state ethics commission shall draft an ethics code, including penalties for violations of the code, that governs ethical conduct of all elected officials, appointed officials and employees of the state and its political subdivisions. The ethics code shall be subject to enactment by the legislature, provided that two-thirds of all members elected to each house voting separately vote in favor, and veto by the governor. Any subsequent revisions or amendments to the code shall also require that two-thirds of all members elected to each house voting separately vote in favor. Upon the code becoming law, the commission shall receive and investigate, when it deems appropriate, complaints for alleged violations of the ethics code by elected officials, appointed officials and employees of the state and its political subdivisions. The commission may also initiate a complaint upon receipt of evidence deemed sufficient by the commission of an alleged violation of the ethics code. The commission shall have subpoena power for purposes of its investigations.
H. In accordance with this section, any elected official, appointed official or employee of the state or a political subdivision of the state may be disciplined, removed or retired for a violation of the ethics code. The state ethics commission may, after investigation, order a hearing to be held before it concerning the discipline, removal or retirement of an official or an employee. After a hearing, the commission may order the discipline, removal or retirement of the official or employee. The commission shall not remove an elected official from office unless all eight commissioners concur.
I. Upon an order by the state ethics commission for the retirement of any elected official, appointed official or employee, the official or employee participating in a statutory retirement program shall be retired with the same rights as if the official or employee had retired pursuant to the retirement program. Upon an order for removal, the official or employee shall thereby be removed from office, and the official's or employee's salary shall cease from the date of the order.
J. This section is alternative to, and cumulative with, the removal of state officers, justices, judges and magistrates by impeachment and the original superintending control of the supreme court.
K. All papers filed with the state ethics commission and proceedings before the commission are confidential; except that the commission shall issue a report upon the final disposition of a complaint. The commission shall promulgate rules establishing procedures for hearings under this section.
L. The state ethics commission may issue advisory opinions on matters relating to the commission's ethics code. Unless amended or revoked, an advisory opinion shall be binding on the commission.
M. The state ethics commission shall receive an annual appropriation by the legislature sufficient to enable it to perform its duties as set forth in this section. Commissioners are entitled to receive per diem expense and mileage as provided by law and shall receive no other compensation, perquisite or allowance. The commission shall employ an executive director and other staff, including attorneys, necessary to fulfill its duties. The executive director shall receive a salary that is equal to the salary of a district court judge.
N. The state ethics commission shall submit an annual report of its activities, including any recommendations regarding the ethics code, other state ethics laws or the scope of the commission's powers and duties, in December of each year to the governor and the legislature.
O. The transition from the judicial standards commission to the state ethics commission shall be provided by law."
Section 2. It is proposed to amend Article 6 of the constitution of New Mexico by repealing Section 32.
Section 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
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