It is recognized that public officials and public employees,
including volunteers on City boards or commissions, are frequently
called upon to participate in adjudicatory ("quasi-judicial") proceedings.
This chapter applies to public officials, employees and volunteers
of the City acting in a quasi-judicial capacity. There are, however,
additional standards of conduct that are required of public officials,
employees and volunteers when acting in a quasi-judicial capacity
which standards are imposed by the New Mexico and United States Constitutions
and which are not set out in this chapter. Under the United States
and New Mexico Constitutions those standards prohibit official actions
tainted by a decisionmaker's conflict of interest, bias and prejudice,
prejudgment, or other conduct creating the actuality or the appearance
of impropriety.
As used in the Code of Ethics, the following terms shall have
the meanings indicated:
BOARD
A Governmental Conduct Board composed of five resident qualified
electors of the City (none of whom are family or have a financial
interest or a substantial interest in a complainant's or respondent's
business), appointed by the Mayor with the advice and consent of the
City Council.
BUSINESS
A corporation, partnership, sole proprietorship, firm, organization
or individual carrying on a business.
CHAIN OF COMMAND
A concept integrally related to and a part of separation
of powers and shall be respected by elected officials and employees.
CONTRACT
An agreement or transaction with the City having a value
of more than $1,000 for:
A.
The rendition of services, including professional services;
B.
The furnishing of any material, supplies or equipment;
C.
The construction, alteration or repair of any public building
or public work;
D.
The acquisition, sale or lease of any land or building;
F.
A loan or loan guarantee; or
G.
The purchase of financial securities or instruments.
EMPLOYMENT
Rendering of services for compensation in the form of salary
as an employee or in the form of compensation for personal services
as a contractor.
FAMILY
An individual's spouse, parents, children or siblings,
by consanguinity or affinity.
FINANCIAL INTEREST
An interest held by an individual or the individual's
family that is:
A.
An ownership interest in business or property; or
B.
Any employment or prospective employment for which negotiations
have already begun.
GOVERNMENTAL BODY
The governing body and any board, commission or committee
appointed by the governing body or by the Mayor with the advice and
consent of the governing body.
HOUSEHOLD OF AN INDIVIDUAL
All persons whose primary residence is in the individual's
home, including non-relatives, who are not rent-payers or employees.
OFFICIAL ACT
An official decision, recommendation, approval, disapproval
or other action that involves the use of discretionary authority.
PUBLIC EMPLOYEE
Any exempt, classified, probationary, temporary, term or
part-time employee of the City of Española except the Municipal
Judge, the City Manager, the City Clerk, the City Attorney and the
members of the governing body.
PUBLIC OFFICIAL
The City Manager, the City Attorney, the City Clerk and any
member of a governmental body, including the governing body.
SEXUAL HARASSMENT
A form of sex discrimination that occurs in the workplace
and includes not only unconsented to touching but also unwelcome sexual
advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature that tends to create a hostile or offensive
work environment.
STANDARDS
The conduct required by this chapter.
SUBORDINATE OF A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE
A public employee over whose work for the City the public
official or public employee has direction, supervision or control.
All public officials and public employees except other members of
the governing body are deemed to be subordinates of each member of
the governing body.
VOLUNTEER
A person appointed by the Mayor with the advice and consent
of the Council while acting within the scope and course of their volunteer
activity in service to the City.
A public officer or employee shall disclose in writing to the
office of City Clerk all employment engaged in by the officer or employee
other than the employment with or service to the City.
A public officer or employee is prohibited from:
A. Directly or indirectly coercing or attempting to coerce another public
officer or employee to pay, lend or contribute anything of value to
a party, committee, organization, agency or person for a political
purpose;
B. Threatening to deny a promotion or pay increase to an employee who
does or does not vote certain candidates, requiring an employee to
contribute a percentage of the employee's pay to a political
fund, influencing a subordinate employee to purchase a ticket to a
political activity or similar activities; or
C. Violating the officer's or employee's duty not to use property
belonging to the government, or allow its use, for other than authorized
purposes.
No public officer or employee may request or receive an honorarium
for a speech or service rendered that relates to the performance of
public duties. For the purposes of this section, "honorarium" means
payment of money, or any other thing of value in excess of $300, but
does not include reasonable reimbursement for meals, lodging or actual
travel expenses incurred in making the speech or rendering the service,
or payment of compensation for services rendered in the normal course
of a private business pursuit.
An officer or employee who participates directly or indirectly
in the contracting process shall not be employed by or contract with
such a City contractor.
No public officer or employee shall disclose confidential information
acquired by virtue of the public officer's or employee's
position or use such for his or another's private gain.
Any person who knowingly and willfully violates any of the provisions
of this chapter is guilty of a misdemeanor and in addition to being
subjected to removal from office or employment shall be punished by
a fine of not more than $500 or by imprisonment for not more than
90 days or both. Nothing in this chapter shall preclude criminal prosecution
for bribery or other provisions of law set forth in the constitution
of New Mexico or by statute.
Upon receipt of a verified complaint alleging facts that if
proved would constitute a violation of this chapter, City Clerk shall
date, time stamp and forward a copy to the Mayor and Council notifying
them that a Board must be appointed and convened. Any officer or employee
against which a complaint is filed shall automatically be disqualified
from any discussion or information or participation in the processing
of the complaint and will not serve on or have any ex parte communications
with the Board. No person shall serve as a member of the Board if
the person has, or has had within the preceding one-year period, any
personal interest in any contract, transaction, or official action
of the City.
Chapter
40, of the Code of Ordinances of the City of Española, New Mexico, is repealed.
The Code of Ethics should be reviewed by the governing body
on an annual basis not later than June 30 of each year.