New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 8 - STATE ETHICS COMMISSION
Part 4 - CODE OF ETHICS
Section 1.8.4.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
The following terms apply to this part unless their context clearly indicates otherwise:
A. "Agency" or "this Agency" means the agency that has adopted this proposed code of ethics.
B. "Business" means any person, company or other organization that buys, sells or provides goods or services, including non-governmental or not-for-profit organizations.
C. "Code" means this proposed code of ethics.
D. "Commission" means the State Ethics Commission.
E. "Confidential information" has the same meaning as defined by Subsection B of Section 10-16-2 NMSA 1978, namely, information that by law or practice is not available to the public.
F. "Family member" means a first-degree, second-degree or third-degree relative, as those terms are defined at Subsection B of 1.8.4.14 NMAC.
G. "Financial interest" means an ownership interest in a business or property; or employment or prospective employment for which negotiations have already begun.
H. "Gift" has the same meaning as defined by Subsection B of Section 10-16B-2 NMSA 1978, namely, any donation or transfer without commensurate consideration of money, property, service, loan, promise or any other thing of value, including food, lodging, transportation and tickets for entertainment or sporting events, but does not include:
I. "Immediate family member" means a first-degree or second-degree relative, as those terms are defined at Subsection B of 1.8.4.14 NMAC.
J. "Indirectly" means to perform an act, achieve a result or obtain a benefit through another person, by use of implication, suggestion or passive acceptance.
K. "Market value" means the amount for which a good or service can be sold on the relevant market.
L. "Official act" means any act or omission to act that would not be possible but for the actor's official position or state employment.
M. "Public officer or employee" means any elected or appointed official or employee of a state agency who receives compensation in the form of salary or is eligible for per diem or mileage, but excludes legislators.
N. "Restricted donor" has the same meaning as defined by Subsection D of Section 10-16B-2 NMSA 1978, namely, a person who:
O. "Sensitive personal information" means confidential identifying information such as: social security numbers or individual tax identification numbers, a person's place and date of birth, a person's status as a recipient of public assistance or as a crime victim, and a person's sexual orientation, physical or mental disability, immigration status, religion, or national origin.
P. "Shall" means must, and "must" means shall.
Q. Substantial financial interest" means an ownership interest that is greater than twenty percent.
R. Any other terms shall be defined for purposes of this rule as they are defined in Section 10-16-2 NMSA 1978.