(A)
The
term of office for the chairperson of the county board of commissioners
shall be 12 months.
(B)
(1)
The
next term shall commence at the close of the regular commission meeting
held after the expiration of 12 months from the election of the current
chairperson.
(2)
Succeeding
terms shall commence at the first board meeting in January of each
year, regardless of whether a successful election for chairperson
shall have taken place or at any time upon the vote of a majority
of the board.
(3)
In
December of any year, the board may elect an interim chairperson to
serve until the next regular election.
(C)
The
election for chairperson shall be conducted during the last regular
commission meeting of the incumbent chairperson’s term. The
chairperson shall be elected by a majority of the commissioners present
voting in open session.
(D)
All
commissioners present shall cast a ballot for the chairperson and
each ballot so cast shall be recorded in the official minutes of the
meeting.
(E)
In the
event that, for any reason, the commission fails to elect the chairperson
at the normal expiration of the incumbent chairperson’s term,
the incumbent chairperson shall continue to serve as chairperson through
the close of the next regular or special commission meeting at which
a new chairperson is elected.
(F)
A commissioner
may serve any number of successive terms as chairperson.
(G)
Where
an incumbent chairperson leaves the county commission due to expiration
of term, resignation or death, or where an incumbent chairperson resigns
the chairpersonship, the commission shall elect the new chairperson
in the manner herein provided to serve for the remainder of the unexpired
term as chairperson.
(Ordinance 1990-07 adopted 5/8/90; Ordinance 2001-03 adopted 3/13/01)
This subchapter may be cited as the "Santa Fe County Code of
Conduct."
(Ordinance 2022-03 adopted 5/10/2022)
The proper and effective exercise of the democratic process
and of democratic government requires that elected officials, appointed
officials, employees and volunteers of Santa Fe County government
be independent, impartial and responsible to the people; that decisions
of the government and development of policy are made fairly, legally
and as the result of a fair and open process; that public office or
the pursuit of public office should not be used for personal gain
or influence; and that the public have and maintain confidence in
the integrity of government. To assist in attaining these goals, this
subchapter establishes a code of conduct and establishes minimum standards
of ethical behavior for all elected officials, appointed officials,
employees and volunteers of county government, by:
(1)
Setting forth explicit standards of conduct and ethical behavior;
(2)
Explicitly describing acts that are inconsistent with these standards;
and
(3)
By requiring candidates, elected officials, appointed officials,
employees and volunteers to disclose personal interests, financial
or otherwise, in matters of the county and to remove themselves from
decision-making when such interests exist.
(Ordinance 2022-03 adopted 5/10/2022)
Elected officials, appointed officials, employees and volunteers
hold office or employment for the benefit of the public. They are
bound to uphold the Constitution of the United States and the Constitution
and the laws of the state; to observe the highest standards in the
exercise of the powers and duties of office or employment; to impartially
carry out their duties; to discharge faithfully the duties of office
regardless of personal considerations; and to recognize that the public
interest must be the prime objective.
(Ordinance 2022-03 adopted 5/10/2022)
Action based on the application, or interpretation of a county
ordinance or a state statute, or a proceeding involving a license,
permit, franchise or development use.
A proceeding brought by or against a person before the board
of county commissioners, county planning commission, or other county
decision-making body in which individual legal rights, duties or privileges
are required by law to be determined after an opportunity for a trial-type
hearing and the decision-making body is required to make a quasi-judicial
as opposed to legislative decision.
An obligation to a take a positive step to do something.
Includes any money, property, service, loan, or promise donated or transferred to the recipient or recipient's family for the personal use of the recipient or recipient's family without commensurate consideration. Anything of value does not include admission to public events, including entertainment, meals, or beverages provided at such events, valued at less than $250.00, unless the person organizing or paying for admission to the event (1) is a party; (2) is regulated by the county; (3) contracts with the county to provide financial services involving the investment of public money or issuance of bonds for public projects; or (4) is prohibited from giving campaign contributions or other thing of value pursuant to NMSA 1978, § 13-1-191.1(E). Conduct in violation of section 30.22(D) is not exempted regardless if it is a public event or not.
A person who is not an elected official or employee and has
been appointed by the board of county commissioners to serve on a
county board, commission, or committee established by the board of
county commissioners, or to perform other functions at the request
of the board of county commissioners.
The board of county commissioners of Santa Fe County.
Information that by law or practice is not available to the
public.
Concerns divided loyalties and means a situation in which
a person exercising a duty has an interest, financial or otherwise,
that conflicts with or potentially conflicts with the exercise of
the duty or that may be perceived as conflicting with the exercise
of the person's duty.
An agreement between two or more parties, whether express
or arising by operation of law.
A licensed attorney under contract with the county who performs the functions specified for that position in section 30.34 of this subchapter for that position.
Santa Fe County.
A member of the board of county commissioners, the county
clerk, the county treasurer, the county sheriff or the county assessor
but does not mean the county probate judge.
A person who is employed by the county.
A direct or indirect communication with a party or the party's
representative outside the presence of the other parties concerning
a pending adjudication that deals with substantive matters or issues
on the merits of the proceeding. Ex parte communications do not include
statements that are limited to providing publicly available information
about a pending adjudication or solely related to the status of the
proceeding.
A person's spouse, domestic partner and other relatives
within the third degree of consanguinity or affinity and persons living
within the household.
Any interest held by an elected official, employee, appointed
official or volunteer or the family of an elected official, appointed
official, employee or volunteer, that is:
That a reasonable basis exists in fact as evidenced by the
facts available to the person reporting or claiming a violation of
this subchapter.
Information, written or spoken, that is obtained in the course
of an elected officials, appointed official's, employee's
or volunteer's duties and, if contained in a document or record
would be subject to public inspection under state law, but that, because
of its nature, is not readily accessible to the public.
A person who has submitted to the county an application seeking
affirmative relief; a person who has filed a formal complaint or protest;
a person who is the subject of a formal complaint or investigation;
and a member of the general public who participates in a pending adjudication.
Any application, petition, complaint, protest, investigation
or other administrative adjudicatory proceeding requiring decision
or action by the board of county commissioners, the land use administrator
or the county planning commission.
The obtaining or the promise of obtaining anything of value.
Support in a political campaign or a promise of an endorsement,
or political activities, political support, or anything of value offered
with intent to influence an elected official, appointed official,
employee or volunteer's decision or action on any county question,
matter, cause or proceeding, including an appointment, which is pending
or might be brought before them are prohibited from being made, accepted
or solicited.
A person named in a sworn ethics complaint submitted to the
county ethics board by a complainant.
A signed complaint that is sworn to under penalty of perjury
on the form provided on the county website or in the county attorney's
office that contains a valid mailing address and the telephone number
or email address for the person submitting the complaint so that the
complainant can be contacted.
A person who is not an elected official, appointed official
or employee who provides services for the county as a volunteer, without
being paid and without expectation of payment for those services and
includes a volunteer firefighter or emergency responder (notwithstanding
receipt of reimbursement for expenses pursuant to the volunteer recruitment
and retention incentive program); a volunteer member of the sheriff's
reserve; any other volunteer who is not supervised or monitored by
a county employee or elected official; a volunteer who has the authority
to make decisions that affect county business; or a volunteer who
has the ability to purchase goods or services with county resources.
(Ordinance 2022-03 adopted 5/10/2022)
All actions, decisions and votes on matters relating to the
county government shall be made on their merits. Decisions shall be
made objectively, without party or partisanship considerations and
without facts that are not directly and properly related to the matter
requiring action, with the exception of decisions to hire employees
or select volunteers who are required by state statute to be a member
of a partisan political party.
(Ordinance 2022-03 adopted 5/10/2022)
Elected officials, appointed officials, employees and volunteers
shall treat their government position as a public trust. They shall
use the powers and resources of public office only to advance the
public interest and not to obtain personal benefits or pursue private
interests.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official or appointed official shall recuse himself or
herself in any pending administrative adjudicatory matter in which
the official believes he or she is unable to make a fair and impartial
decision or in which there is a reasonable perception that the official
is unable to make a fair and impartial decision, including:
(1)
When the official has a bias or prejudice concerning a party
or its representative or has prejudged a disputed evidentiary fact;
(2)
When the official or anyone in the official's family has
a financial interest in the outcome of the proceeding;
(3)
When, during previous or current employment, the official served
as an attorney, adviser, consultant or witness in the matter in controversy;
or
(4)
When the official announced how he or she would rule on the
adjudicatory proceeding or a factual issue in the adjudicatory proceeding.
(B)
The elected official or appointed official recusing himself or herself
shall disclose the specific reason for the recusal contemporaneously
with the recusal.
(C)
An elected official or appointed official shall not be required to
recuse himself or herself in a pending administrative adjudicatory
matter merely because the official possesses and discusses general
viewpoints on public policy that an application may raise. Similarly,
an elected official shall not be required to recuse himself or herself
in a pending administrative adjudicatory matter merely because the
elected official made representations during a political campaign
on viewpoints on public policy that an application may raise.
(D)
If, at the start of the hearing, an elected official or appointed
official fails to recuse himself or herself when it appears that grounds
exist, a party shall promptly notify the elected official or appointed
official of the grounds for recusal. If the elected official or appointed
official declines to recuse himself or herself upon request of a party,
the official shall provide a full explanation in support of such refusal.
(E)
If, during the hearing, an elected official or appointed official
fails to recuse himself or herself when it appears that grounds exist,
a party shall promptly notify the chairperson of the grounds for recusal.
If the elected official or appointed official declines to recuse himself
or herself, the chair may entertain a motion to excuse the official
from further participation in the matter. If the motion is successful,
the official shall be excused from further participation in the matter.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
Elected officials, appointed officials, employees and volunteers
shall avoid improper conduct or conduct that creates the appearance
of impropriety or that is otherwise unbefitting a public official,
employee or volunteer.
(B)
Elected officials, appointed officials, employees and volunteers
shall not engage in conduct that violates the rights of others to
be treated fairly and with dignity and respect, including unlawful
discrimination and harassment. Harassment includes, but is not limited
to, the following: verbal or physical conduct intended to threaten,
intimidate or coerce; verbal or physical conduct that has the purpose
or effect of unreasonably interfering with work performance or that
creates an intimidating, hostile or offensive working environment;
and the uttering of words, or the display or circulation of written
materials that are degrading to persons of a particular sex, race,
color, age, national origin, disability, religion, or sexual orientation.
(C)
Elected officials, appointed officials, employees and volunteers
shall refrain from engaging in conduct, even if lawful, where personal
benefit or personal advantage is involved in a way that creates a
reasonable inference that such office has been used for that purpose.
(D)
Political endorsements, support in a political campaign or a promise
of an endorsement, political activities, political support, or anything
of value offered with intent to have an elected official, appointed
official, employee or volunteer's decision or action on any question,
matter, cause or proceeding or appointment influenced thereby and
which is pending or might be brought before them in their official
capacity are prohibited from being made, accepted or solicited.
(Ordinance 2022-03 adopted 5/10/2022)
Pursuant to the Governmental Conduct Act (NMSA 1978, §§ 10-16-1
through 10-16-18):
(1)
A former elected official, appointed official or employee shall not
receive compensation to represent a person or any business entity
in dealings with the county for one year after leaving county service
or employment;
(2)
A former elected official, appointed official or employee shall not
represent a person or any business entity in dealings with the county
after leaving county service or employment on a matter in which that
person participated personally and substantially while an elected
official, appointed official or employee;
(3)
The county shall not enter into a contract, memoranda of understanding
or other action favorably affecting, any person or business that is:
(a)
Represented personally in the matter by a person who was serving
as an elected official, appointed official or employee within the
preceding year, if the value of the contract or action is greater
than one thousand dollars ($1,000.00) and the contract was a direct
result of an official act by the elected official or employee; or
(b)
Assisted in the transaction by a former elected official, appointed
official or employee whose official act, while in service of or employment
with the county, directly resulted in the county making that contract
or taking that action.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
Except as otherwise provided in the county's code of conduct, an
elected official, appointed official, employee or volunteer shall
not have a financial interest if the elected official, appointed official,
employee or volunteer is in a decision-making capacity with respect
to that financial interest.
(B)
Elected officials, appointed officials, employees or volunteers who have any financial interest shall disclose such interest by filing a conflict of interest and financial disclosure statement as described in section 30.32 of the code of conduct and recording same with the county clerk and by disclosing the interest as otherwise provided in that code or by law, and shall be disqualified from participating in any debate, decision or vote relating to the interest.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official or appointed official designated to hear an administrative
adjudicatory matter pursuant to a county ordinance, including but
not limited to the county's land development code, shall not
initiate, permit or consider an ex parte communication.
(B)
An elected official or appointed official who receives or who makes
or causes to be made a communication prohibited by the county's code
of conduct shall disclose the communication to all parties and give
other parties an opportunity to respond.
(C)
Notwithstanding the provisions of subsection (A) of this section, ex parte communications for procedural or administrative purposes, during emergencies or that do not deal with the merits of an application shall not be prohibited if the official reasonably believes that no party will gain an advantage as a result of the ex parte communication and promptly notifies all other parties of the substance of the ex parte communication.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
Elected officials, appointed officials, employees and volunteers
shall strictly avoid transactions and relationships that create a
conflict of interest. Where a conflict of interest is unavoidable,
the elected official, appointed official, employee or volunteer has
an affirmative duty to disclose the conflict of interest and subordinate
the conflicting interest to the public interest.
(B)
Elected officials, appointed officials, employees and volunteers
shall exercise their duties, powers and prerogatives without prejudice
or favoritism. They shall not hire, promote or otherwise reward family
members, friends or political supporters or hinder or punish enemies
and opponents.
(C)
Elected officials, appointed officials, employees and volunteers
shall ensure that constituents and others who may be affected by decisions
of the county have a fair and reasonable opportunity to express their
concerns, grievances and ideas.
(D)
Elected officials, appointed officials, employees and volunteers
shall not engage in any conduct that could create in the mind of a
reasonable observer the belief that persons will receive better or
different service if gifts, personal benefits or political or charitable
contributions are provided.
(E)
Elected officials, appointed officials, employees and volunteers
shall not solicit or receive anything of value under circumstances
that create a reasonable belief that special access, services, favors
or official or unofficial actions will be provided as a result. Anything
of value shall not be solicited or received from a person, business
or other entity that is doing business or contracting with the county;
that is regulated by the county; that has an application pending before
the county; or whose interests may be affected by the county.
(F)
Elected officials, appointed officials and employees shall not accept
anything of value from a person, business or other entity when the
elected official, appointed official or employee knows or reasonably
should know that the person, business or other entity that contracts
or does any business with the county; desires to contract or do business
with the county; is regulated by the county; has an application pending
before the county; or whose interests may be affected by the county.
(G)
Upon the request of an elected official, appointed official or volunteer, the ethics board may issue an advisory opinion pursuant to section 30.35(H) of this subchapter as to whether acceptance of anything of value from a person, business or other entity violates this section or any other section of this subchapter. Advisory opinions from the county ethics board interpret only this subchapter, and shall not interpret whether conduct is a violation of any other ordinance or law, including state law.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official, appointed official, employee or volunteer shall
not disclose or use confidential information maintained by the county
without proper prior written authorization.
(B)
The use of confidential information by an elected official, appointed
official or employee for private gain is prohibited as provided in
NMSA 1978, section 10-16-6. This section does not allow the disclosure
of information made confidential by law.
(Ordinance 2022-03 adopted 5/10/2022)
Elected officials, appointed officials, employees and volunteers who receive an improper offer of anything of value shall firmly and unequivocally reject the offer and shall report the same to the appropriate law enforcement agency in the case of a violation of state law and, in the case of a violation of the county's code of conduct, to, the county attorney pursuant to section 30.34 for a violation by an elected official, appointed official or volunteer and the human resources director for a violation by an employee.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official, appointed official, employee or volunteer shall
not use public property for any personal benefit or nongovernmental
purpose except as specifically provided by law. Public property includes
public funds, time, facilities, property, equipment, mailing lists,
computer data, services or any other government asset or resource.
(B)
An elected official, appointed official, employee or volunteer shall
not seek, accept, use, allocate, grant or award public funds for a
purpose other than that authorized by law or make a false statement
in connection with a claim, request or application for compensation,
reimbursement or travel allowances from public funds.
(C)
Unless authorized by the county human resources handbook, an employee
shall not be asked or allowed to perform personal services for an
elected official or appointed official. An elected official or appointed
official shall not require an employee to perform personal services
or assist in a private activity except in unusual and infrequent situations
where the person's service is reasonably necessary to permit
the elected official or appointed official to perform official duties.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official, appointed official, employee or volunteer shall
not use, induce, cause or encourage others to use the authority, title,
official letterhead or prestige of the elected official's, appointed
official's, employee's or volunteer's office or service
for his or her own private gain or personal advantage.
(B)
An elected official, appointed official, employee or volunteer shall
not solicit or accept anything of value under terms and conditions
where the compensation is not commensurate with the services performed
or where a reasonable person would believe that the authority, title
or prestige of office had been exploited. Nothing in this section
prohibits the use of official title of an elected official, appointed
official, employee or volunteer as a part of a political campaign
or political endorsement.
(C)
Pursuant to NMSA 1978, § 10-16-4.3, it is unlawful for
an employee who is participating directly or indirectly in the contracting
process, to become or to be an employee of any person or business
contracting with the county while also an employee with the county.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An employee with contract management authority, property management
authority or land use authority shall not serve as a paid political
consultant, a campaign treasurer or as a member of the political fundraising
committee of a candidate for federal, state, municipal or county office,
or elected official.
(B)
Employees shall not perform any political activity during any compensated
time.
(D)
An employee shall not be required to participate in a political activity.
(E)
An employee shall not be awarded additional compensation or employment
benefit in any form to engage in, as a part of the employee's
official county employment duties, activities that are undertaken
by an employee that benefit a candidate.
(F)
Nothing in this section prohibits an employee from engaging in political activity on behalf of the county or, consistent with section 30.33(A), engaging in voluntary political activities of the employee's choosing when not on duty.
(G)
No candidate shall engage in any conduct that would, to an objective
third party, constitute an undue threat to an employee's continued
employment.
(H)
Employees who receive compensation or reimbursement from a candidate
or political campaign on behalf of a candidate in excess of a total
of two hundred fifty dollars ($250.00) per campaign, shall be required
to report such compensation or reimbursement to the county manager
in writing, which shall include disclosure of the nature of the compensation
or reimbursement.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
Within ten (10) days after the swearing in of any elected official, the elected official shall file a conflict of interest and financial disclosure statement with the human resources division to be maintained by the county clerk on a form provided by the county. Thereafter, conflict of interest and financial disclosure statements of economic interest shall be filed on an annual basis before the January 11th of each year. Conflict of interest and financial disclosure statements disclosure statements shall be amended to reflect a change in circumstances pursuant to subsection (D) below.
(B)
Within ten (10) days of assuming duties as an appointed official, employee or volunteer, each shall file a conflict of interest and financial disclosure statement with the human resources division to be maintained by the county clerk the county clerk on a form provided by the county. Thereafter, appointed officials, employees, and volunteers shall file conflict of interest and financial disclosure statements of economic interest on an annual basis before the January 11th of each year. Conflict of interest and financial disclosure statements disclosure statements shall be amended to reflect a change in circumstances pursuant to subsection (D) below.
(C)
The following information shall be provided:
(1)
A description of all parcels of real estate within the county
in which the person owns any interest, including an option to purchase;
(2)
All interests in any business organization, either as owner,
part owner, partner or shareholder, in which such person or his or
her family owns more than two (2) percent of the outstanding stock
or any class or equity, or more than two (2) percent ownership interest
of any other business that is doing business with the county in an
amount in excess of seven thousand five hundred dollars ($7,500.00)
annually; and
(3)
The identity of each person who provided the elected official,
appointed official, employee or volunteer, directly or indirectly,
any gift having an aggregate value of more than two hundred fifty
dollars ($250.00) within the taxable year preceding the time of filing,
except that such disclosure is not required for a gift from a family
member other than an unrelated household member; provided that the
person making the gift is not also contracting, attempting to contract
or otherwise doing business with the county.
(E)
Temporary election workers are exempted from the requirement of filing
a conflict of interest and financial disclosure statement.
(F)
All persons required to file a statement shall comply with the provisions
of this section within thirty (30) days after the requirements hereof
are imposed upon such office or position.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
A candidate, elected official, appointed official, employee or volunteer
shall not compel, coerce or intimidate any elected official, appointed
official, employee or volunteer to make, or refrain from making, any
political contribution. Nothing in this subsection shall be interpreted
to provide that an elected official, appointed official, employee
or volunteer is precluded from voluntarily making a contribution or
receiving a voluntary contribution.
(B)
An elected official shall not, directly or by authorizing another
to act on the elected official's behalf, state or imply that
the elected official's willingness to meet with a person is dependent
on the person making a campaign contribution, donating to a cause
favored by the elected official or providing anything of value to
the elected official.
(C)
An elected official shall not directly, or by authorizing another
to act on the elected official's behalf:
(1)
Agree or threaten to take or withhold any county governmental
action, as a result of a person's decision to provide or not
provide a political contribution;
(2)
State or imply that the elected official will perform or refrain
from performing a lawful constituent service as a result of a person's
decision to provide or not provide a political contribution;
(3)
Agree to or participate in a scheme or plan intended to evade
the requirements of any applicable state ethics statutes, the county's
code of conduct, or another financial disclosure provision of state
law or county law; or
(4)
Accept a contribution given or offered in violation of any applicable
state ethics statutes or the county's code of conduct.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official, appointed official or volunteer has an affirmative
duty to, and an employee or any member of the public may, submit a
complaint alleging unethical conduct to the county ethics board by
delivering to the county attorney's office a sworn complaint
alleging facts that, if proven, would constitute a violation of the
county's code of conduct.
(B)
The county attorney's office will forward all sworn complaints
to the county's contract ethics official (CCEO).
(1)
The county attorney's office shall not forward unsworn
complaints to the CCEO, but instead process them in accordance with
the county's records retention policies after determining whether
law enforcement, the county manager or the human resources director
should be notified.
(2)
Sworn complaints submitted more than two (2) years after a violation
of this code is alleged to have occurred, shall be beyond the jurisdiction
of the ethics board and shall be summarily returned to the complainant
by the CCEO with a notation that the ethics board has no jurisdiction
to hear them because of the two-year limitations requirement.
(C)
The CCEO shall make a threshold determination as to whether a sworn
complaint is against an employee, an elected official, an appointed
official, or a volunteer. If the sworn complaint is against an employee,
the CCEO shall not conduct any further analysis or investigation and
shall promptly refer the sworn complaint against an employee to the
county's human resources division for investigation and appropriate
action pursuant to the human resources handbook or collective bargaining
agreement as applicable. A sworn complaint making ethics allegations
against an employee, an elected official, appointed official or volunteer
shall, if the CCEO determines the complaint to state a claim under
this subchapter against an elected official, appointed official or
volunteer, be investigated by the CCEO as to the allegations against
the elected official, appointed official or volunteer only. The remainder
of the complaint involving the employee shall be investigated by the
human resources division, pursuant to the human resources handbook
or handled according to a collective bargaining agreement as applicable.
(D)
The CCEO shall determine whether a sworn complaint against an elected official, appointed official or volunteer states a claim under the county's code of conduct. If the sworn complaint fails to state a claim under that code, the complainant shall be so informed in writing by the CCEO who shall dismiss the complaint, subject to a right of appeal to the county ethics board. An appeal shall be submitted to the county attorney's office within seven (7) calendar days from the date on which the complainant receives the notice of dismissal and shall be based solely on the issue of whether the sworn complaint stated a claim under that code. The county attorney shall refer the appeal to the ethics board. After referral of the appeal to the ethics board, the ethics board may reverse a dismissal of the complaint if it determines that the CCEO's dismissal was erroneous based on a review of the issues raised in the appeal. If the ethics board reverses a dismissal of the complaint, it shall remand the matter back to the CCEO for further investigation and handling in accordance with sections 30.35(E) and 30.35(F), with notice to the complainant and other person(s) named in the sworn complaint.
(E)
If the sworn complaint states a claim under the county's code of
conduct, the CCEO shall investigate the allegations, prepare a report
and recommendations to either dismiss the complaint or proceed to
a public hearing, and shall present the same to the ethics board for
consideration at its next available meeting after completion of the
investigation.
(F)
The ethics board shall conduct a public hearing prior to taking any action described in section 30.99 of the county's code of conduct. At its next meeting after completion of the investigation, the ethics board shall review the CCEO's report and recommendation to consider whether it will dismiss or proceed to a hearing, and either:
(1)
Determine where and when a public hearing should take place
for which it shall provide advance written notice to the respondent,
in which case the respondent:
(a)
May be represented by counsel at the respondent's own expense,
who shall be an attorney licensed to practice law in the state;
(b)
May request in writing from the CCEO a list of witnesses intended
to be called at the public hearing by the CCEO, which list shall be
provided by the CCEO within ten (10) days of receiving the request;
(c)
Shall provide the CCEO with a list of witnesses that the respondent
intends to call during the public hearing within ten (10) days of
receiving a written request from the CCEO;
(d)
May request in writing from the CCEO copies of all documents
and other material not privileged that were obtained by the CCEO during
the CCEO's investigation or which the CCEO intends to use during
the public hearing, which copies shall be provided by the CCEO within
ten (10) days of receiving the request;
(e)
Shall provide the CCEO with copies of all documents the respondent
intends to use during the public hearing within ten (10) days of receiving
a written request from the CCEO; and
(f)
Shall have a right to the issuance of a notice by the ethics
board compelling the attendance of county employees as witnesses at
hearings.
(g)
In addition to the time, date, and place of the hearing, the
notice of public hearing shall advise the respondent of the rights
and obligations set forth in this subsection.
(G)
A determination by the ethics board to dismiss a complaint shall
be final and not subject to appeal, redetermination, reconsideration,
further review or resubmittal by the complainant or any other complainant
on the same issue involving the same person charged with the ethics
infraction.
(H)
In order to provide a full and fair hearing under the county's code
of conduct, a public hearing on the merits shall proceed as follows:
(1)
All persons present to give testimony shall be sworn before
testifying and shall exit the hearing room until they testify. Persons
testifying shall not discuss their testimony with other witnesses
until the public hearing is concluded;
(2)
The CCEO shall proceed first by calling witnesses and tendering
other evidence;
(3)
The respondent shall have the right to cross-examine any witness
called by the CCEO, and the CCEO shall have the right to cross-examine
any witness called by the respondent;
(4)
Any ethics board member may question any witness;
(5)
After the CCEO has rested, the respondent may proceed with a
defense of the allegations set forth in the sworn complaint by calling
witnesses and tendering other evidence;
(6)
After the respondent has rested, the CCEO may call rebuttal
witnesses;
(7)
While the technical rules of evidence shall not apply, the chairperson
may exclude irrelevant, immaterial, unreliable, unduly repetitious
or argumentatively presented evidence and may require substantiation
of statements or records tendered if their accuracy or truth is in
reasonable doubt, so long as any final decision of the ethics board
is supported by a legal residuum of competent evidence;
(8)
Written verbatim minutes of the public hearing shall be prepared
and retained with any evidence submitted at the public hearing. Public
hearings may be audio recorded for the purpose of preparing such minutes;
however, the written verbatim minutes shall constitute the official
record of the public hearing;
(9)
After testimony is completed and both sides have rested, the
ethics board may permit closing statements from both sides;
(10)
The ethics board may deliberate but not vote on its disposition
of the case in executive session as an administrative adjudicatory
deliberation, after which the ethics board shall return to an open
session to vote on the disposition of the ethics case; and
(11)
After deliberating on the merits of the case before them, the ethics board shall issue a written decision consistent with its vote and containing findings of fact and conclusions of law, which may: impose one of the consequences permitted by section 30.99(A) upon the respondent if it finds a violation of the Santa Fe Code of Conduct has occurred; decline to impose one of the consequences even if a violation is found; impose a consequence less severe than those permitted by section 30.99(A); or find no violation of that code has occurred. The burden of proof for finding a violation of that code shall be by a preponderance of the evidence. A copy of the ethics board's written decision shall be delivered or mailed to the respondent, the CCEO, the complainant, the county manager, the office of the county clerk and, where appropriate, the district attorney. The ethics board may postpone issuance of the written decision to another date.
(I)
Prior to the hearing on the merits, either the respondent or the
CCEO may file motions in accordance with a schedule established by
the ethics board. The ethics board may consider such motions at a
special meeting or at the beginning of the hearing on the merits.
The ethics board shall not consider dispositive motions filed by respondent,
such as motions to dismiss or for summary judgment.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
The ethics board is created. The ethics board consists of five members
who shall be appointed by the board of county commissioners. At least
one member shall be appointed who shall not be affiliated with county
government in any capacity, including, but not limited to, employment,
including employment for which the salary is in any way funded by
or through the county, appointment, election or service as a volunteer.
The members of the ethics board may not hold elected public office
or office with any political party within the county. Each member
shall serve a two (2) year term, subject to reappointment.
(B)
The ethics board shall elect its chairperson and vice-chair. If a
member of the ethics board petitions the ethics board for a hearing
and advice regarding his or her own conduct or the conduct of another
member, the member shall not be eligible to sit in such cases and
an alternate member shall be seated when the need arises.
(C)
The jurisdiction of the ethics board is limited to acting within
the scope of matters covered by the Santa Fe Code of Conduct, but
may periodically review and recommend amendments to the code.
(D)
Upon the sworn complaint of a person alleging facts that, if proven,
would constitute a violation of the county's code of conduct, the
ethics board shall conduct a public hearing on the allegations of
the complaint.
(E)
The rules of procedure shall be consistent with the rules for conducting
administrative hearings in the county.
(F)
The ethics board shall have the power to compel the attendance of
employees as witnesses at a hearing. A notice to attend will be delivered
through the employee's chain of command.
(G)
No action may be taken by the ethics board on any complaint that
is filed later than two (2) years after a violation of the county's
code of conduct is alleged to have occurred.
(H)
The ethics board may also provide advisory opinions regarding the
applicability or interpretation of the provisions of the county's
code of conduct upon the request of any elected official, appointed
official or volunteer.
(I)
On a quarterly basis, the board of county commissioners shall be
provided with a report from the county attorney stating the number
of complaints that were submitted alleging a violation of the county's
code of conduct.
(J)
A member of the ethics board may be removed by the board of county
commissioners for just cause.
(K)
A vacancy on the ethics board shall be filled in the same manner
as the initial appointment and the appointment shall continue for
the remainder of the unexpired term.
(L)
Members of the ethics board shall not receive a salary or other compensation
for services.
(Ordinance 2022-03 adopted 5/10/2022)
A decision of the ethics board finding a violation of the county's
code of conduct, with respect to an elected official, appointed official
or volunteer may be appealed to the First Judicial District Court
pursuant to NMSA 1978, section 39-3-1.1 (1998, as amended); provided,
however, that a decision regarding an employee shall be covered by
the terms of the human resources handbook or collective bargaining
agreement, as applicable.
(Ordinance 2022-03 adopted 5/10/2022)
The board of county commissioners does not tolerate retaliation,
workforce discrimination or harassment of any kind against a person
who has reported in good faith a violation of the county's code of
conduct. This nonretaliation provision applies whether the complaint
is ultimately determined to be well-founded or unfounded. All elected
officials, appointed officials, employees and volunteers are specifically
prohibited from taking any adverse employment action, engaging in
workplace discrimination or harassment of any kind, or other retaliatory
action against anyone for reporting a claim in good faith.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
The board of county commissioners shall not perform, collectively
or individually, an executive function in the administration of the
personnel system, except for employment and removal of the county
manager, making collective recommendations to the county manager on
general personnel policy, approving or disapproving collective bargaining
agreements and county personnel policies or approving any proposed
reorganization that creates or abolishes a department.
(B)
The board of county commissioners shall not perform, collectively
or individually, general executive management functions in the administration
of county government; these functions shall be delegated to the county
manager. This subsection shall not apply to matters of policy, the
responsibility and authority of the board to approve budgets and expenditures,
contracts outside the signature authority of the county manager, and
matters that in the discretion of the board, while they may involve
management issues, are of county-wide importance.
(Ordinance 2022-03 adopted 5/10/2022)
(A)
An elected official, appointed official or volunteer who violates
the county's code of conduct is subject to one or more of the following
penalties imposed by the ethics board:
(1)
A written finding of censure in the form of publication of the
ethics board's findings of fact and conclusions of law on the
county's website for a period of ten (10) days;
(2)
A recommendation to the district attorney or other appropriate
governmental entity that the violation be pursued in criminal or other
proceedings; or
(3)
A recommendation to the district attorney that proceedings to
remove the person from elected office be commenced pursuant to NMSA
1978, § 10-4-1 et seq. (1909, as amended).
(B)
In addition to the penalties set forth above, other penalties might apply when certain conduct prohibited by the county's code of conduct also constitutes conduct prohibited by the Governmental Conduct Act [NMSA 1978, chapter 10, article 16]. That act was made applicable to officials and employees of local government on July 1, 2011. Knowing and willful violation of that act is a misdemeanor, and a person found guilty may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than one year or both. Prosecutions under that act shall be handled by a district attorney or the attorney general.
(C)
Employees who violate the county's code of conduct are subject to
discipline, up to and including dismissal, in accordance with the
county's human resources handbook and any applicable collective bargaining
agreement.
(D)
Violation of the county's code of conduct shall constitute a petty
misdemeanor and a person found guilty may be punished by a fine not
exceeding three hundred dollars ($300.00) or imprisonment for a period
not exceeding ninety (90) days in jail or both.
