2006 New Mexico Statutes - Section 10-16-4 — Official act for personal financial interest prohibited; disqualification from official act; providing a penalty.

10-16-4. Official act for personal financial interest prohibited; disqualification from official act; providing a penalty.

A.     It is unlawful for a public officer or employee to take an official act for the primary purpose of directly enhancing his own financial interest or financial position. Any person who knowingly and willfully violates the provisions of this subsection is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.   

B.     A public officer or employee shall disqualify himself from engaging in any official act directly affecting his financial interest.   

C.     If the public interest so requires, the governor may make an exception to Subsection B of this section for a public officer or employee by expressing the exception and the reasons for it in writing.  The exception is effective when the public officer or employee files this writing with the secretary of state.   

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