Vote ‘yes’ on ethics commission to boost public trust, hold officials accountable

COMMENTARY: Despite high-profile corruption scandals and perennial low rankings on good government report cards, New Mexico officials at the state level have been reluctant to enact changes that would discourage corrupt behavior. That’s why this November’s constitutional amendment No. 2  to establish an independent ethics commission is so important.

Finally, over a decade after former Gov. Garrey Carruthers led a statewide ethics task force that recommended a commission, the voters will get their say. Legislators themselves rejected a commission over and over again. We know. We were there both on the task force and pushing, during each session, for an independent, nonpartisan body to hold state officials accountable.

Finally, in 2017 a bipartisan effort led by Rep. Jim Dines, R-Albuquerque, and Sen. Jeff Steinborn, D-Las Cruces, succeeded in prodding the Legislature to allow citizens to vote on a constitutional amendment to establish an ethics commission.

We wholeheartedly recommend a “Yes” vote on Constitutional Amendment No. 2. It appears toward the end of the ballot — but it should not be overlooked.

If it’s passed by the voters, the amendment will create a seven-member State Ethics Commission that will be independent of both the executive and legislative branches. The commission will have the power to initiate, receive and investigate complaints alleging violations of the state’s Governmental Conduct Act, procurement and lobbyist laws, campaign reporting and disclosure requirements. The complaints may pertain to state officials, employees of the executive and legislative branches, candidates, lobbyists and current or prospective government contractors.

One strong feature of the commission is its subpoena power, which it can use to investigate and resolve complaints. It will hold hearings and issue rulings, with illegal activities referred to the courts, the attorney general or the secretary of state.

We think having a commission and process in place to hold elected officials accountable for their actions — just as ordinary citizens are — is an important step in restoring the public’s trust in government, which is now in serious decline. It is not the entire answer, of course, but it is a step in the right direction, and a step that all but six states have taken.

Our support of the ethics commission does not mean that we distrust all public officials. In fact, from direct experience we know that the vast majority are honest public servants who want to do a good job in what can sometimes be a minefield of conflicted interests, personal loyalties and murky regulations. The commission’s ability to issue advisory opinions will help officials who are caught in confusing ethical areas, and as Gov. Carruthers said many times in advocating for the commission, “It will draw bright lines in a gray area.” 

To ensure that the ethics commission is independent, and not another partisan body, the membership has been carefully balanced to include no more than three members from one political party. Members will be appointed by the governor, and by the majority and minority leaders of the House and Senate, who will each appoint one member. The remaining two members will be appointed by the four legislatively appointed members of the commission.

At least one member must be a registered independent or minor party member. Members may not include current legislators, candidates or politicians.

The commission will be a one-stop shop where citizens can go to submit complaints and officials can go with questions. Currently, citizens face a confusing maze of agencies administering campaign finance laws, standards of governmental conduct and procurement practices, so a centralized process can help resolve problems more quickly.

If Constitutional Amendment No. 2 passes, the 2019 Legislature will have to enact “enabling legislation,” establishing specific duties, qualifications and guidelines for the commission. We urge citizens to keep their eyes on this process to ensure that the commission lives up to its promise and operates transparently with an adequate staff and budget.   

It’s naive to say that an ethics commission will stop all corruption. But, at the same time, it’s cynical — and counterproductive — to say nothing can be done.

New Mexico voters should give the ethics commission a chance to see if it can help state government operate more openly and ethically. Our current reputation is not great, and business leaders charged with recruitment, including the Albuquerque Chamber of Commerce, have been advocating for an ethics commission for years for this reason.  Now it’s time to get it rolling! Vote “Yes” on Constitutional Amendment No. 2.

Stuart Bluestone worked on governmental ethics issues in the Legislative Council Service and in the New Mexico Attorney General’s Office until his retirement in 2016.  Dede Feldman served in the N.M. Senate for 16 years, where she sponsored campaign finance reform and ethics legislation. Agree with their opinion? Disagree? NMPolitics.net welcomes your views. Learn about submitting your own commentary here.