SENATE BILL

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Bill Tallman

 

 

 

 

 

AN ACT

RELATING TO PUBLIC RECORDS; REQUIRING DISCLOSURE OF THE NAMES OF FINALISTS FOR APPOINTIVE EXECUTIVE POSITIONS; PROVIDING AN EXEMPTION TO THE INSPECTION OF PUBLIC RECORDS ACT; DECLARING AN EMERGENCY.

 

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

     SECTION 1. [NEW MATERIAL] APPOINTIVE EXECUTIVE POSITION-- EXCEPTION TO INSPECTION OF PUBLIC RECORDS--PUBLICATION REQUIRED OF FINALISTS.--

          A. Records that would reveal the identity of an applicant or candidate for an appointive executive position, except for finalists as provided in this section, are exempt from inspection pursuant to the Inspection of Public Records Act.

          B. A state agency or institution or political subdivision of the state shall prominently post on the agency's, institution's or political subdivision's website the names and resumes of at least three finalists for an appointive executive position no fewer than ten days prior to the final decision to select one of the finalists for the position. If fewer than three applicants or candidates for an appointive executive position possess the minimum qualifications for the position, those applicants or candidates shall be considered finalists.

          C. Letters of reference or medical or psychological data concerning finalists shall not be made public or made available for public inspection or copying.

          D. This section may be enforced pursuant to the provisions of the Inspection of Public Records Act.

          E. The provisions of this section shall not supersede the provisions of Section 21-1-16.1 NMSA 1978 relating to applicants or nominees for the position of president of a public institution of higher education.

          F. For the purposes of this section:

                (1) "appointive executive position" means a non-elected chief executive officer of a state agency or institution or political subdivision of the state, but does not include a political appointment, including a cabinet secretary; and

                (2) "finalist" means an applicant or candidate for an appointive executive position who is a member of the final group of applicants or candidates.

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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