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:
ANYTHING OF VALUE
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.
BUSINESS
A corporation, partnership, sole proprietorship, firm, organization,
or individual carrying on a business. Nonprofit entities are included
in this definition.
COMMISSIONER
The individual elected from each of the five districts within
Doña Ana County to represent the constituents of that district.
CONFLICT OF INTEREST
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.
COUNTY MANAGER
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.
ELECTED OFFICIAL
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.
EMPLOYEE
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.
FINANCIAL INTEREST
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.
HONORARIUM
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.
IMMEDIATE FAMILY
Spouse or domestic partner, parents, children, and siblings.
Included herein are those relationships established by blood, marriage
(including "step" relationships), and adoption.
OFFICIAL ACT
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.
PERSON
Any individual, corporation, partnership, sole proprietorship,
joint venture, or business entity, whether nonprofit or for profit.
PRIVILEGED INFORMATION
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.
QUASI-JUDICIAL
Of, relating to, or involving an administrative adjudicatory
type hearing or process.