Major ethics reform needed now – legislators can lead the way

Cathrynn N. Brown

New Mexicans are demanding, and rightfully so, more transparency and higher ethical standards from their public servants.

Every elected official and public employee must uphold the highest standards. Sadly, we know that has not been the case in New Mexico.

Two pieces of legislation that I am sponsoring would help move us closer toward restoring the public’s trust in state government. One, House Bill 480, would significantly increase the criminal penalties for public corruption – everything from bribery to self-dealing – and extend the provisions of the state’s Governmental Conduct Act to local government officials and employees. The other, House Bill 517, would require New Mexico’s citizen legislators to disclose more about their private business and financial interests so people can evaluate the likelihood of conflicts of interest.

More about the bills

Holding public office or employment is a public trust, and a violation of that trust should carry stiff penalties. Bribery, bid rigging, self-dealing, misappropriation of public funds and tampering with public records are crimes against every New Mexican and should be punished accordingly. House Bill 480 would make violations of these and other public corruption laws third degree felonies, up from fourth degree felonies, and would ensure that those convicted would spend at least 18 months in prison and lose their generous public pensions.

The overwhelming majority of public officials and employees are honest and dedicated. But for those who are not, for those who take unlawful advantage of their positions and who violate the trust that the public has placed in them, the penalties should be severe.

New Mexico’s legislators are unique among the state’s elected officials in that our legislative “job” is not our only job and certainly not the job that allows us to make a living. The state Constitution limits legislators to a per diem that is intended only to cover the minimal expenses of serving. This arrangement envisions that legislators will live and work alongside the constituents they represent.

In fact, that is largely the case. In the Legislature, I serve with teachers, real estate agents, farmers, a landscape architect, a doctor, lawyers and people retired from all manner of work. While this diversity is one of the Legislature’s strengths, it also increases the chances that legislators will be asked to vote on measures that could disproportionately affect their personal finances, creating conflicts between what is best for the state or a legislator’s constituents and what is best for that legislator personally.

House Bill 517 would go a long way toward addressing this potential problem by requiring legislators to disclose publicly more details about their personal financial affairs than is required now. Legislators would also be required to disclose any legislation that has the potential to affect their personal financial affairs by more than $500 before either voting on or recusing themselves from voting on the measure.

Realistically, we cannot eliminate conflicts of interest in a citizen legislature. To do so would result in the type of full-time, year-round legislature that we do not want in New Mexico. We can, however, ensure that the public has more information about our financial interests so that the people we represent can draw their own conclusions about what is and what is not an impermissible conflict.