[HISTORY: Adopted by the Board of County Commissioners of
Doña Ana County 8-27-2013 by Res. No. 2013-81. Amendments noted
where applicable.]
A.
The purpose of this chapter is the establishment of guidelines for
ethical standards of conduct for all elected officials and employees
by 1) setting forth those acts or actions that violate public trust
and 2) requiring elected officials and employees to disclose personal
interests, financial or otherwise, in matters affecting the County.
Examples of acts or actions that violate public trust may include,
but are not limited to, criminal acts; egregious behavior that reflects
badly on the County; attempts by Commissioners to direct the work
of County employees or to influence the outcome of a personnel matter;
failure to disclose a substantial conflict of interest relating to
a matter of importance; and other behavior or acts of omission similar
in gravity and effect.
B.
It is the further purpose of this Code of Conduct to protect County
employees from undue influence, threats, or reprisal with respect
to the work that they perform for the County.
Elected officials and employees hold office or employment for
the benefit of the public. They are bound to uphold the Constitutions
of the United States and of the State of New Mexico; to impartially
carry out the laws of the United States, the State of New Mexico,
and Doña Ana County; to discharge faithfully the duties of
their office regardless of personal considerations; and to recognize
that public interest must be their primary concern.
The Code of Conduct shall apply to all elected officials and
employees, as defined below.
As used in this chapter, the following terms shall have the
meanings indicated:
Any money, property, favor, service, payment, forbearance,
loan, or promise of future employment/compensation. It does not include
such things as compensation and paid expenses by the state or County,
expenses, incidental promotional material such as pens, pencils, notepads,
or calendars, or any other thing that, in the mind of a reasonable
person, is not likely to influence the judgment or conduct of individuals
covered by this code.
A corporation, partnership, sole proprietorship, firm, organization,
or individual carrying on a business. Nonprofit entities are included
in this definition.
The individual elected from each of the five districts within
Doña Ana County to represent the constituents of that district.
Any business activity or other relationship with a person
that compromises an elected official's or employee's loyalty
to the County and which, in the mind of a reasonable person, is likely
to influence or predispose an official action or any use of authority
of the office or position for personal reasons.
The person retained by the Board of County Commissioners
to manage the daily operations of the County. It includes the Assistant
County Manager or other designee when acting at the direction of the
County Manager.
The Board of County Commissioners, County Assessor, County
Clerk, County Treasurer, and Sheriff but excluding the staff of such
officials and the Probate Judge, who is subject to the Code of Judicial
Conduct.
Employees, appointees, agents, and volunteers of the County.
The inclusion of appointees, agents, and volunteers in this definition
is intended only for the provisions of this chapter. It shall not
create any employer/employee relationship from which rights of employment
arise, including, but not limited to, pay, benefits, or rights under
any law which may create rights or benefits for employees of Doña
Ana County.
Any interest which yields, directly or indirectly, a monetary
or other material benefit to the elected official or employee or to
any person employing or retaining the services of the elected official
or employee. It includes benefits to a member of or employer of an
elected official's or employee's immediate family.
Payment of money, or any other thing of value, in excess
of $100, but does not include reasonable reimbursement for meals,
lodging, or actual travel expenses incurred in making the speech or
rendering the service, or payment or compensation for services rendered
in the normal course of a private business pursuit.
Spouse or domestic partner, parents, children, and siblings.
Included herein are those relationships established by blood, marriage
(including "step" relationships), and adoption.
An official decision, recommendation, approval, disapproval,
or other action that involves the use of authority as granted by virtue
of the County office or position.
Any individual, corporation, partnership, sole proprietorship,
joint venture, or business entity, whether nonprofit or for profit.
Any written or oral material related to County government
that has not become part of the body of public information and that
is designated by statute, court decision, lawful order, ordinance,
resolution, or custom as privileged. It includes, but is not limited
to, information acquired at closed sessions of any County body.
Of, relating to, or involving an administrative adjudicatory
type hearing or process.
A.
Elected
officials and employees shall use the powers and resources of public
office entrusted to them to advance the public interest and will not
use those powers and resources to obtain personal benefits or pursue
private interests incompatible or competing with the public interest.
B.
No
individual member of the Board of County Commissioners has the authority
to make representations, assurances, admissions, or waivers on behalf
of the Board of County Commissioners without a formal grant of authority.
C.
Elected
officials and employees shall conduct themselves in a manner that
justifies the confidence placed in them by the people of Doña
Ana County and the State of New Mexico, at all times maintaining the
highest degree of integrity and discharging their public responsibilities
ethically.
D.
Elected
officials and employees shall not request or receive anything of value,
or promise of such, that is conditioned upon or given in exchange
for the promised performance or forbearance of an official act.
E.
Elected
officials and employees shall not request or receive an honorarium
for a speech or service rendered that relates to the performance of
public duties.
F.
Elected
officials and employees shall not disclose or use privileged information
acquired by virtue of their public office, employment, or position
for their own or someone else's gain, or to the County's
detriment, unless otherwise required by law. Prior to any such disclosure,
the elected official or the employee shall inform the County Attorney.
G.
Elected
officials and employees shall not disclose privileged information
acquired in a closed session of any County body without the explicit
authorization of the County body and the County Attorney.
H.
Elected officials and employees shall not engage in any activity
that would compromise the fulfillment of their responsibilities or
create an appearance of impropriety when dealing with public policy.
I.
Elected officials and employees shall treat each other and the public
with respect, decorum, and fairness at all times. Elected officials
and employees shall not make any allegations of misconduct by elected
officials or employees, unless they provide, at the time they make
the allegation of misconduct or in response to requests by those responsible
for the investigation, factual bases for their allegations, including
information as to the source of such information.
J.
The Chairperson shall ensure that members of the public treat elected
officials and employees with respect at all times, including during
public discourse of conflicting views.
K.
Elected officials and employees shall protect and conserve County
property and shall not use said property for other than authorized
purposes.
L.
Elected officials and employees shall comply with the requirements
of the Open Meetings Act.
A.
Full
disclosure of real or potential conflicts of interest shall be the
guiding principle for determining appropriate conduct. At all times,
diligent effort shall be made to avoid undue influence and abuse of
office in public service.
B.
When
acting in a quasi-judicial role, any elected official or employee
shall disqualify himself/herself from any official act, including
discussion or vote, directly affecting a financial interest or any
other interest which, in the mind of a reasonable person, would impair
the official's or employee's ability to decide fairly and
impartially the matter before him/her. When not acting in a quasi-judicial
role, any elected official or employee shall disqualify himself/herself
from any official act affecting a financial interest. Elected officials
and employees may not take any official action for the purpose of
enhancing their financial interests and shall disqualify themselves
from engaging in any official act directly affecting their financial
interests.
C.
Elected
officials and employees shall not acquire a financial interest in
a business or other activity when they believe or have reason to believe
that it will be directly affected by their official act.
D.
No
County elected official shall accept or receive to their own use,
or for or on account of any deputy or deputies, clerk or clerks appointed
by them or employed in their office, or for or on account of expenses
incurred by them or by any such deputy or deputies, clerk or clerks,
or for or on account of their office, any salary, compensation, allowance,
fees or emoluments in any form whatsoever for the performance of their
official duties, other than as authorized by law. [NMSA § 4-44-21]
E.
Elected
officials and employees with a controlling interest or a financial
interest exceeding $10,000 in a business regulated by the official
acts of the County, or who do business with the County in an amount
greater than $1,000 per year, shall publicly disclose the precise
nature and value of such interest. Disclosure shall be made to the
County Clerk in the manner set forth by state statute during the month
of January for each year they hold office. [NMSA § 4-44-25B[1]]
[1]
Editor's Note: NMSA § 4-44-25 was repealed
by L. 2011, Ch. 138. See NMSA § 10-16-1 et seq.
F.
Every employee of the County who has a financial interest which he/she
believes, or has reason to believe, may be affected by the actions
of the County shall disclose the precise nature and value of such
interest. The disclosures shall be made to the County Clerk before
entering County employment, and during the month of January for each
subsequent year. The filing of said disclosure is a condition of entering
upon and continuing County employment. [NMSA § 4-44-25[2]]
[2]
Editor's Note: NMSA § 4-44-25 was repealed
by L. 2011, Ch. 138. See NMSA § 10-16-1 et seq.
G.
The County Clerk shall maintain the confidentiality of the valuations
attributed to the reported interests, as filed by County officials,
appointees, employees and agents, except as permitted by statute in
official removal proceedings. Such valuations shall be sealed prior
to filing. [NMSA § 4-44-25C[3]]
[3]
Editor's Note: NMSA § 4-44-25 was repealed
by L. 2011, Ch. 138. See NMSA § 10-16-1 et seq.
H.
Any elected County official who has received an individual campaign
contribution shall publicly announce said contribution prior to consideration
of any official action by the Board directly relating to that contributor.
Personal or professional relationships shall be similarly disclosed.
The elected official shall then make a statement whether the disclosed
relationship will affect his/her ability to remain fair and impartial.
After a disclosure, if three members of the Board determine that a
reasonable person would not be able to remain impartial under the
circumstances disclosed, the member determined to have a conflict
of interest shall not participate further in any discussion or proceeding
relating to the item.
I.
All elected officials and County employees will each year complete
the annual disclosure form and submit it to the designated office
by 3:00 p.m. on the last Friday of February.
A.
Elected
officials and employees shall not enter into contracts with Doña
Ana County unless they disclose any financial interest in the business
involved and receive the contract with public notice and pursuant
to competitive local and state procurement laws. [NMSA § 4-44-22[1]]
[1]
Editor's Note: NMSA § 4-44-22 was repealed
by L. 2011, Ch. 138. See NMSA § 10-16-1 et seq.
B.
Doña
Ana County shall not enter into contracts involving, nor take action
favorably affecting, any person or business represented by a person
who has been an elected official or employee within the preceding
year. When it is determined by the County Manager that granting an
exception to this provision is in the best interests of the County,
the County Manager may waive this prohibition. If the prohibition
is waived, the County Manager shall notify the Board of County Commissioners
of the waiver within 30 days of the granting of the waiver.
C.
Elected
officials and employees shall not accept anything of value exceeding
$25 from any person doing business with the County or any person who
is reasonably anticipated to do business with the County in the future.
This limitation of $25 does not apply to meals or campaign contributions.
D.
Elected
officials and employees shall be cognizant of the fact that under
the New Mexico Criminal Code it is either a misdemeanor or a fourth-degree
felony to commit "unlawful interest in a public contract," i.e., the
receipt of anything of value, directly or indirectly, from either
a seller or a seller's agent, or a purchaser or a purchaser's
agents in connection with the sale or purchase by the County of securities,
goods, leases, lands, or anything of value. [NMSA § 30-23-6]
E.
Elected
officials and employees shall not participate directly or indirectly
in any County matter when they know that they or a member of their
immediate family has a financial interest in the organization seeking
or obtaining a contract, absent a waiver issued pursuant to the statute.
[NMSA §§ 13-1-190, 13-1-194]
F.
Elected officials and employees shall not participate directly or
indirectly in a County procurement process and contemporaneously seek
employment with or be an employee of the person contracting or seeking
to contract with the County, absent a waiver issued pursuant to the
statute. [NMSA §§ 13-1-193, 13-1-194]
G.
Doña Ana County shall not accept a bid from a person who directly
or indirectly participated in the preparation of specifications on
which the competitive bidding was held.
A.
The
Board of County Commissioners employs a County Manager to handle the
day-to-day business and general management of the County. It is recognized
that for informational purposes dialogue between employees and Board
members may be necessary. The Board shall encourage the development,
implementation, and enforcement of responsible policies and procedures
for efficient operation by the County management staff. [NMSA § 4-38-19]
B.
The
County Manager shall report directly to the Board of County Commissioners.
No other County employee shall report to the Commission unless so
determined by formal action of the Commission. Except for those employees
who report directly to the Commission, the County Manager is solely
responsible for assignment and direction of work by County employees
in accordance with direction set by the Commissioners. The Commission
will provide direction for the County Manager in the form of policies
or other mutually agreed upon communications. Policies will be formalized
in ordinances and resolutions.
C.
The
Board of County Commissioners has adopted ordinances and resolutions
that govern County personnel matters. It is recognized that these
formal acts of the Board of County Commissioners and the collective
bargaining agreements entered into by the Board of County Commissioners
establish the only procedures for addressing personnel discipline
and grievances. It is a violation of the Code of Conduct for any elected
official to interfere with these procedures or attempt to influence
the outcome of the processes. It is a violation of the Code of Conduct
for any elected official to seek information concerning a personnel
action except when it is appropriately discussed in closed session
of the Board of County Commissioners. It is not a violation of the
Code of Conduct for the County Assessor, County Clerk, County Treasurer,
or the Sheriff to participate, as permitted by ordinance, resolution,
and collective bargaining agreement, in the personnel processes when
the involved personnel is an employee of the elected official's
office. It is not a violation of the Code of Conduct for an elected
official, if he/she desires, to appear as a witness in the personnel
disciplinary or grievance processes.
D.
The Commissioner who serves as the Board's Chairperson has certain
duties and authority distinct from the other Commissioners. These
include: to open all meetings of the Board, call the members to order,
announce all business on the agenda and put same to a vote when required;
to enforce order and decorum among members of the Board; to sign documents
on behalf of the Board; to administer oaths to any person concerning
any matter submitted to the Board or connected with its powers and
duties; and to sign all orders on the County Treasury and County documents,
as authorized by a majority of the Board. [NMSA § 4-38-11]
Unless specifically delegated to the Chairperson by the Board, the
Chairperson has no more authority than any other member.
E.
The Board of County Commissioners shall select a Chairperson by simple
majority vote at the first meeting of the Board of County Commissioners
in January of each year. A Commissioner may serve as Chairperson for
two succeeding terms after which a break in tenure of one year is
required. In the event the Chairperson resigns, the Vice Chairperson
shall serve as the Chairperson until the vacant County Commissioner
seat is filled and the Board of County Commissioners selects a new
Chairperson by simple majority vote. In the event that a Commissioner
is selected to fill out the term of the Chairperson for a period of
less than six months, said Commissioner may be elected to fill subsequent
terms in accordance with this section.
F.
The Board of County Commissioners shall select a Vice Chairperson
by simple majority vote at the first meeting of the Board of County
Commissioners in January of each year. A Commissioner may serve as
Vice Chairperson for two succeeding terms after which a break in tenure
of one year is required. The Vice Chairperson shall exercise the duties
and assume the responsibilities of the Chairperson during his or her
absence, disability or disqualification. In the event of a vacancy
in the position of Vice Chairperson, the Board of County Commissioners
shall select a new Vice Chairperson by simple majority vote. In the
event that a Commissioner is selected to fill out the term of the
Vice Chairperson for a period of less than six months, said Commissioner
may be elected to fill subsequent terms in accordance with this section.
G.
A County Commissioner may decline to serve as Chairperson or Vice
Chairperson.
H.
The Board of County Commissioners shall recognize that Robert's
Rules of Order sets guidelines for the conduct of all County Commission
meetings.
I.
Any County Commissioner may place a matter on the agenda for the
Board of County Commissioners meetings in any of its official capacities.
J.
The County Assessor, County Clerk, Sheriff, and County Treasurer
shall advise the Board of County Commissioners on all matters concerning
their respective offices, to include suggestions and recommendations
for more efficient administration of County finances, government,
or other functions. Cooperation between the various elected officials
in the exercise of their respective official duties shall be the goal.
K.
Department heads, managers, and supervisors shall build and maintain
a culture of responsible public service by:
(1)
Leading by example, using their behavior as a model for all employees.
(2)
Encouraging employees to bring forth questions, concerns, and suggestions
relating to the operation of the County government.
(3)
Ensuring that all employees receive training related to ethical issues
related to their work.
(4)
Applying appropriate and consistent disciplinary action, and
(5)
Providing affirmative and appropriate reinforcement for positive
accomplishments.
A.
The County shall inform all elected officials and employees regarding
the terms and provisions of this Code of Conduct.
B.
Any suspected violation of the Code of Conduct by an employee or
volunteer firefighter shall be reported to the supervisor of that
employee and processed in accordance with procedures established by
ordinances, resolutions, and collective bargaining agreements governing
such employees/volunteer firefighters.
C.
Suspected violations of the Code of Conduct alleged to have been
committed by a County Commissioner or elected official shall be reported
to the Chairperson of the Commission. Suspected violations involving
the Chairperson shall be reported to the Vice Chairperson. The Chairperson
(or Vice Chairperson) and one other Commissioner drawn by lot shall
review the Code of Conduct violation allegation. If both Commissioners
agree that the conduct as alleged would constitute a material violation
of the Code of Conduct and that the allegation contains sufficient
information upon which to pursue a meaningful investigation, then
they shall direct the County Manager to obtain a prompt formal investigation
into the allegation by a private sector outside entity with suitable
experience in conducting such investigations. A formal investigation
shall not be directed if the allegation is unverifiable, or involves
a nonmaterial violation of, or conduct not covered by, the Code of
Conduct. The Chairperson (or Vice Chairperson) shall notify the subject
Commissioner or elected official as to the general nature of the allegation
and whether a formal investigation will be directed.
D.
The results of the formal investigation shall be verbally reported
to the Chairperson (Vice Chairperson) and Commissioner chosen by lot
and, if both agree that there is probable cause to believe that the
person alleged to have violated the Code of Conduct has committed
a material violation of the Code, then they shall direct the investigator
to prepare a written report of the investigation, and the matter shall
be scheduled for a hearing before the Board of County Commissioners
in an open session.
E.
The pursuit of censure or disciplinary corrective action does not
foreclose other remedies also available by law.
F.
The District Attorney of the Third Judicial District is authorized
to investigate and prosecute any complaint brought involving a violation
of NMSA 1978, §§ 4-44-22 through 4-44-27.[1] [NMSA 1978 § 4-44-27] The Attorney General and
the District Attorney for the Third Judicial District are both authorized
to bring a civil action for the enforcement of the Procurement Code.
[NMSA 1978, § 13-1-196]. For egregious violations of ethical
conduct, the District Attorney may also commence an action to remove
a County official from office, in accordance with NMSA 1978, § 10-4-1
et seq.
[1]
Editor's Note: NMSA §§ 4-44-22 through
4-44-27 were repealed by L. 2011, Ch. 138. See NMSA § 10-16-1
et seq.
A.
The County Manager shall ensure that each newly elected official
and employee is given a copy of this Code of Conduct.
B.
A copy of this Code of Conduct shall be posted in each department,
as well as published on the County's internet website.
C.
The Code of Conduct may be amended at any time at the direction of
the Board of County Commissioners and shall, at a minimum, be reviewed
every four years, with the next review due in 2016.
