HOUSE JOINT RESOLUTION 23
52nd legislature - STATE OF NEW MEXICO - second session, 2016
INTRODUCED BY
John L. Zimmerman and Rick Little
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE 5 OF THE CONSTITUTION OF NEW MEXICO TO CREATE AN INDEPENDENT STATE ETHICS COMMISSION WITH JURISDICTION TO INVESTIGATE AND ISSUE ADVISORY OPINIONS CONCERNING STANDARDS OF CONDUCT NOT COVERED BY AN EXISTING STATE STATUTE OR TRIBUNAL.
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 nine commissioners, no more than four of whom may be members of the same political party, appointed as follows:
(1) three commissioners appointed by the governor, none of whom shall be of the same political party and with 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. At the time of appointment, a commissioner shall:
(1) be a qualified elector of the state; and
(2) not have changed political party affiliation within the previous five years. The legislature may provide by law for further restrictions on appointees to the commission.
C. Commissioners shall be appointed for staggered terms of four years beginning July 1, 2017. The initial appointees shall draw lots to determine which three commissioners will serve an initial term of two years, which three commissioners shall serve an initial term of three years and which three commissioners will 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.
D. 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.
E. No action shall be taken by the state ethics commission unless at least six members concur.
F. The commission shall meet no more than six times per calendar year.
G. A commissioner may be removed for incompetence, neglect of duty, malfeasance in office or partisanship. A proceeding for the removal of a commissioner may be commenced by the state ethics commission, the attorney general upon the request of the commission or by a resident of the state. The supreme court shall preside 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.
H. The operating budget for the state ethics commission shall be set by the legislature.
I. The state ethics commission may employ an executive director, whose minimum qualifications shall be set by the legislature.
J. The state ethics commission:
(1) shall receive and may, if sufficient cause exists, investigate complaints alleging violations of standards of ethical conduct not covered by any laws concerning governmental conduct or personnel matters or by legislative or judicial ethical codes. The commission has no jurisdiction over laws or codes that are eligible for a hearing in an existing tribunal;
(2) shall dismiss complaints regarded as frivolous or outside of the jurisdiction of the commission. The commission shall make available as a public record any complaints that have been dismissed and the reason for the dismissal;
(3) shall, if it has jurisdiction, upon the presentation of clear and convincing evidence to the commission in a public hearing:
(a) decide complaints alleging ethics violations and may impose such penalties and sanctions as established by the legislature; or
(b) refer to the appropriate prosecutorial authority complaints alleging conduct that may be criminal violations of the law;
(4) may issue advisory opinions;
(5) may promulgate rules necessary to implement and administer the provisions of this section;
(6) may issue subpoenas requiring the attendance of witnesses or the production of books, records, documents or other evidence relevant to an investigation; and
(7) may have such other powers and duties and administer or enforce such other acts as the legislature by law so provides.
K. State ethics commission determinations may be appealed to the district courts, and in all such appeals, trial shall be de novo unless otherwise provided by law.
L. All complaints received by the state ethics commission shall be signed and not anonymous. The commission shall maintain as confidential the complaint and the response until such time as the response is filed or the date the response is due to be filed, whichever is earlier.
M. The state ethics commission may award attorney fees and costs against the filers of frivolous complaints. The commission may levy penalties for the filing of complaints intended as harassment, if provided by law.
N. The state ethics commission may recommend a matter to the legislature for consideration for impeachment proceedings."
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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