HOUSE JOINT RESOLUTION 15

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Zachary J. Cook and Peter Wirth

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 5 OF THE CONSTITUTION OF NEW MEXICO TO CREATE AN INDEPENDENT STATE ETHICS COMMISSION TO OVERSEE THE CONDUCT OF STATE OFFICERS AND EMPLOYEES IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF GOVERNMENT, GOVERNMENT CONTRACTORS AND LOBBYISTS.

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 as an independent state agency under the direction of eleven commissioners, no more than five of whom may be members of the same political party, appointed as follows:

                (1) five commissioners appointed by the governor, no more than two of whom shall be of the same political party and at least one commissioner appointed from each congressional district;

                (2) one commissioner appointed by the president pro tempore of the senate;

                (3) one commissioner appointed by the minority floor leader of the senate;

                (4) one commissioner appointed by the speaker of the house of representatives;

                (5) one commissioner appointed by the minority floor leader of the house of representatives; and

                (6) two commissioners appointed by the chief justice of the supreme court, who shall be licensed attorneys and who shall not be of the same political party and shall not be appointed from the same congressional district.

          B. Commissioners shall be appointed for staggered terms of four years beginning July 1, 2017. The commissioners appointed by the governor shall draw lots to determine which three commissioners will serve an initial term of two years and which two commissioners will serve an initial term of four years. The commissioners appointed by the legislature shall serve an initial term of three years and those appointed by the chief justice shall serve an initial term of four years; thereafter, all commissioners shall be appointed for four-year terms. Members shall serve until their successors are appointed and qualified.

          C. A person shall not serve as a commissioner for more than two consecutive terms. A vacancy on the state ethics commission shall be filled by appointment by the original appointing authority for the remainder of the unexpired term.

          D. No action shall be taken by the state ethics commission unless at least six members concur.

          E. 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 state ethics commission or by the attorney general upon the request of the commission. The supreme court 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. The state ethics commission shall receive an annual appropriation by the legislature sufficient to enable it to perform its duties.

          G. The state ethics commission shall employ an executive director, who shall be a licensed attorney in the state, and other staff as necessary to fulfill its duties. The executive director shall receive a salary that is equal to the salary of a district court judge.

          H. The state ethics commission shall:

                (1) receive, initiate and investigate complaints alleging violations:

                     (a) by state officials or employees in the executive or legislative branch of government of laws imposing standards of ethical conduct on state officials and employees;

                     (b) of laws imposing campaign finance restrictions or reporting requirements for candidates and other participants in campaigns for state or county elected offices;

                     (c) of registration requirements or standards of conduct for lobbyists; and

                     (d) of disclosure requirements or standards of conduct for state contractors or seekers of state contracts;

                (2) administer the provisions of laws described in Paragraph (1) of this subsection;             

                (3) promulgate rules necessary to implement and administer the provisions of this section;

                (4) issue subpoenas requiring the attendance of witnesses or the production of books, records, documents or other evidence relevant to an investigation; and

                (5) have such other powers and duties and administer or enforce such other acts as the legislature by law so provides."

     SECTION 2. 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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