Bill > HJR5

This Joint Resolution proposes an amendment to the New Mexico Constitution to establish an Independent State Ethics Commission, an independent state agency comprised of nine commissioners with diverse political party representation and appointment methods by the Governor, legislative leaders, and the Chief Justice of the Supreme Court. Commissioners must be qualified electors, not have recently changed political party affiliation, and not have held certain government positions or been lobbyists or contractors within the past five years. The commission will have exclusive jurisdiction to investigate, issue advisory opinions on, and adjudicate civil violations of laws concerning the standards of conduct for elected and appointed officials, state officers and employees in the executive and legislative branches, government contractors, and lobbyists, including election campaigns and lobbyist registration. The commission can dismiss frivolous complaints, impose civil penalties, refer criminal violations to prosecutors, petition courts for action, issue subpoenas, and promulgate necessary rules, with its adjudications of civil violations being appealable to district courts. Commissioners can only be removed for incompetence, neglect of duty, or malfeasance, with removal proceedings handled exclusively by the Supreme Court. The proposed amendment will be submitted to the voters for approval at the next general election.