2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 16 - Governmental Conduct
Section 10-16-8 - Contracts involving former public officers or employees; representation of clients after government service.
A. A state agency shall not enter into a contract with, or take any action favorably affecting, any person or business that is:
(1) represented personally in the matter by a person who has been a public officer or employee of the state within the preceding year if the value of the contract or action is in excess of one thousand dollars ($1,000) and the contract is a direct result of an official act by the public officer or employee; or
(2) assisted in the transaction by a former public officer or employee of the state whose official act, while in state employment, directly resulted in the agency's making that contract or taking that action.
B. A former public officer or employee shall not represent a person in the person's dealings with the government on a matter in which the former public officer or employee participated personally and substantially while a public officer or employee.
C. A local government agency shall not enter into a contract with, or take any action favorably affecting, any person or business that is:
(1) represented personally in the matter by a person who has been a public officer or employee of that local government agency within the preceding year if the value of the contract or action is in excess of one thousand dollars ($1,000) and the contract is a direct result of an official act by the public officer or employee; or
(2) assisted in the transaction by a former public officer or employee of that political subdivision of the state whose official act, while in employment with that political subdivision of the state, directly resulted in the agency's making that contract or taking that action.
D. For a period of one year after leaving government service or employment, a former public officer or employee shall not represent for pay a person before the state agency or local government agency at which the former public officer or employee served or worked.
History: 1953 Comp., § 5-12-8, enacted by Laws 1967, ch. 306, § 8; 1983, ch. 90, § 2; 1993, ch. 46, § 32; 2011, ch. 138, § 9.
The 2011 amendment, effective July 1, 2011, added a new Subsection C to provide limitations on contracting by local government agencies with former public officers and employees; and relettered the succeeding subsection.
The 1993 amendment, effective July 1, 1993, rewrote the section heading, which read "Contracts involving former employees"; inserted the subsection designation "A" at the beginning, redesignated Subsections A and B as Paragraphs (1) and (2), and added Subsections B and C; and, in Subsection A, inserted "public officer or" in three places and made minor stylistic changes.
Subsection C [now Subsection D] not unconstitutional regulation of law practice. — The application of Subsection C [D] to former executive branch attorneys is not an attempt by the legislature to regulate the practice of law and the provision does not violate separation of powers. Ortiz v. Taxation & Revenue Dep't, 1998-NMCA-027, 124 N.M. 677, 954 P.2d 109.
Construction with Rule 16-111 NMRA. — Subsection C [now Subsection D] and Rule 16-111 NMRA, prohibiting an attorney in private practice from representing a client in a matter in which the attorney participated personally and substantially while a public officer or employee, prohibit different types of conduct and are not in conflict. Ortiz v. Taxation & Revenue Dep't, 1998-NMCA-027, 124 N.M. 677, 954 P.2d 109.
