2019 New Mexico Statutes
Chapter 11 - Intergovernmental Agreements and Authorities
Article 3A - Regional Housing Law
Section 11-3A-10 - Prohibited actions.

Neither the regional housing authority nor any of its contractors or their subcontractors may enter into any contract, subcontract or agreement in connection with a housing project under any contract in which any of the following persons has an interest, direct or indirect, during the person's tenure or for one year thereafter:

A. any present or former member of the board of commissioners of the regional housing authority or any member of the member's immediate family. The prohibition established by this subsection shall not apply to any member who has not served on the governing body of a resident management corporation, and who otherwise has not occupied a policymaking position with the resident management corporation or the regional housing authority;

B. any employee of the regional housing authority who formulates policy or who influences decisions with respect to a housing project, any member of the employee's immediate family or any partner of the employee; or

C. any public official, member of a governing body or state legislator, or any member of such person's immediate family, who exercises functions or responsibilities with respect to the housing project or the regional housing authority.

History: Laws 1994, ch. 132, § 10; 1995, ch. 191, § 9; 2009, ch. 48, § 9.

Compiler's notes. — Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.

The 2009 amendment, effective March 31, 2009, deleted the former provision that prohibited officers and employees from acquiring an interest in a housing project, property in a housing project, or a contract to furnish materials or services used in a project and completely rewrote the section.

The 1995 amendment, effective June 16, 1995, deleted "or of a nonprofit corporation created by an authority" preceding "shall", deleted "nor shall he have any interest direct or indirect" preceding "or in any contract", and substituted "of the authority" for the former last three sentences which read: "If any officer or employee of an authority or of a nonprofit corporation created by an authority owns or controls a direct or indirect interest in any property included or planned to be included in any housing project of an authority, he immediately shall disclose the same in writing to the governing body of such authority, and such disclosure shall be entered upon the minutes of the board of commissioners. The failure so to disclose such interest shall constitute misconduct in office. Upon such disclosure, such officer or employee shall not participate in any action by the authority affecting such property."