N.M. Code R. § 1.8.4.7

Current through Register Vol. 35, No. 11, June 11, 2024

Section 1.8.4.7 - DEFINITIONS

The following terms apply to this part unless their context clearly indicates otherwise:

A."Agency" or "this Agency" means the agency that has adopted this proposed code of ethics.

B."Business" means any person, company or other organization that buys, sells or provides goods or services, including non-governmental or not-for-profit organizations.

C."Code" means this proposed code of ethics.

D."Commission" means the State Ethics Commission.

E."Confidential information" has the same meaning as defined by Subsection B of Section 10-16-2 NMSA 1978, namely, information that by law or practice is not available to the public.

F."Family member" means a first-degree, second-degree or third-degree relative, as those terms are defined at Subsection B of 1.8.4.14 NMAC.

G."Financial interest" means an ownership interest in a business or property; or employment or prospective employment for which negotiations have already begun.

H."Gift" has the same meaning as defined by Subsection B of Section 10-16B-2 NMSA 1978, namely, any donation or transfer without commensurate consideration of money, property, service, loan, promise or any other thing of value, including food, lodging, transportation and tickets for entertainment or sporting events, but does not include:

(1) any activity, including but not limited to the acceptance of a donation, transfer or contribution, or the making of an expenditure or reimbursement, that is authorized by the Campaign Reporting Act or the Federal Election Campaign Act of 1971, as amended;

(2) a gift given under circumstances that make it clear that the gift is motivated by a family relationship or close personal relationship rather than the recipient's position as a state officer or employee or candidate for state office;

(3) compensation for services rendered or capital invested that is:

(a) normal and reasonable in amount;

(b) commensurate with the value of the service rendered or the magnitude of the risk taken on the investment;

(c) in no way increased or enhanced by reason of the recipient's position as a state officer or employee or candidate for state office; and

(d) not otherwise prohibited by law;

(4) payment for a sale or lease of tangible or intangible property that is commensurate with the value of the services rendered and is in no way increased or enhanced by reason of the recipient's position as a state officer or employee or candidate for state office;

(5) a commercially reasonable loan made in the ordinary course of the lender's business on terms that are available to all similarly qualified borrowers;

(6) reimbursement for out-of-pocket expenses actually incurred in the course of performing a service for the person making the reimbursement;

(7) any gift accepted on behalf of and to be used by the state or a political subdivision of the state, including travel, subsistence and related expenses accepted by a state agency in connection with a state officer's or employee's official duties that take place away from the state official's or employee's station of duty;

(8) anything for which fair market value is paid or reimbursed by the state officer or employee or candidate for state office;

(9) reasonable expenses for a bona fide educational program that is directly related to the state officer's or employee's official duties; or

(10) a retirement gift.

I."Immediate family member" means a first-degree or second-degree relative, as those terms are defined at Subsection B of 1.8.4.14 NMAC.

J."Indirectly" means to perform an act, achieve a result or obtain a benefit through another person, by use of implication, suggestion or passive acceptance.

K."Market value" means the amount for which a good or service can be sold on the relevant market.

L."Official act" means any act or omission to act that would not be possible but for the actor's official position or state employment.

M."Public officer or employee" means any elected or appointed official or employee of a state agency who receives compensation in the form of salary or is eligible for per diem or mileage, but excludes legislators.

N."Restricted donor" has the same meaning as defined by Subsection D of Section 10-16B-2 NMSA 1978, namely, a person who:

(1) is or is seeking to be a party to any one or any combination of sales, purchases, leases or contracts to, from or with the agency in which the donee holds office or is employed;

(2) will personally be, or is the agent of a person who will be, directly and substantially affected financially by the performance or nonperformance of the donee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region;

(3) is personally, or is the agent of a person who is, the subject of or party to a matter that is pending before a regulatory agency and over which the donee has discretionary authority as part of the donee's official duties or employment within the regulatory agency; or

(4) is a lobbyist or a client of a lobbyist with respect to matters within the donee's jurisdiction.

O."Sensitive personal information" means confidential identifying information such as: social security numbers or individual tax identification numbers, a person's place and date of birth, a person's status as a recipient of public assistance or as a crime victim, and a person's sexual orientation, physical or mental disability, immigration status, religion, or national origin.

P."Shall" means must, and "must" means shall.

Q.Substantial financial interest" means an ownership interest that is greater than twenty percent.

R. Any other terms shall be defined for purposes of this rule as they are defined in Section 10-16-2 NMSA 1978.

N.M. Code R. § 1.8.4.7

Adopted by New Mexico Register, Volume XXXI, Issue 24, December 29, 2020, eff. 1/1/2021