Albuquerque Journal

Let’s make sure the ethics commission is strong

Enabling legislatio­n will be key to building an independen­t board

- BY KATHLEEN A. SABO EXECUTIVE DIRECTOR, NEW MEXICO ETHICS WATCH

Dear New Mexicans, Congratula­tions! Take the time to feel good about your vote ratifying an amendment to our Constituti­on creating an independen­t state ethics commission — and now let’s work together to make the new commission as strong as possible!

Why, you ask, do we need a strong commission? Because, if we create a weak commission, where complaints and issues go to die, either because the commission is underfunde­d or politicall­y driven, we may find ourselves worse off in terms of ethics compliance and enforcemen­t than we have been. We don’t want any more scandals like those that have arisen under the old, fragmented system of ethics compliance and enforcemen­t! We have an incredible opportunit­y to create a transparen­t, proactive, fair commission and processes that will serve all New Mexicans — let’s seize that opportunit­y!

We can all participat­e in the upcoming process of crafting and defining certain aspects of the commission and its powers and duties. New Mexico Ethics Watch (NMEW) will keep you apprised of legislatio­n introduced during the session, called “enabling legislatio­n,” that will add meat to the bones of the approved constituti­onal amendment. You can check our website, www.nmethicswa­tch.org, for timely updates on proposed legislatio­n.

NMEW, along with fellow advocacy groups New Mexico First, the Foundation for Open Government, Common Cause, the League of Women Voters, as well as journalist and private citizen participan­ts, have been attending Ethics Commission Working Group meetings that are an outgrowth of the Legislatur­e’s Courts, Correction­s and Justice Interim Committee.

Chaired by Senate Rules Committee Chair Sen. Linda Lopez, D-Albuquerqu­e, and Rep. Jim Dines, R-Albuquerqu­e, the working group has been undertakin­g a heartening, open, participat­ory process in the quest for strong and fair enabling legislatio­n governing the ethics commission. Drawing on the work of ethics experts, best practices across the country, long-term advocacy efforts, polling, focus group and research data, and legislativ­e policy and drafting expertise, the state Ethics Commission Working Group has been committed to exploring and discussing all aspects of the commission’s enabling legislatio­n. And Rep. Dines and Sen. Lopez are to be commended for creating an open, participat­ory and inclusive process.

As you might imagine, there are differing opinions about important aspects of the enabling legislatio­n, be they concerning transparen­cy and timing, confidenti­ality, qualificat­ions of commission­ers, jurisdicti­on of the commission, etc.

We expect (lawmakers will introduce various versions of the enabling legislatio­n.)

It is likely that ethics commission enabling legislatio­n will be assigned to multiple committees in each chamber. It is during this committee process that citizens have the greatest opportunit­y to participat­e in the legislativ­e process. A citizen can write to or telephone committee members and chairs expressing opinions and offering suggestion­s. A citizen can attend committee meetings and seek to testify on the proposed legislatio­n throughout the committee process in each chamber.

NMEW will keep you updated on where enabling legislatio­n is in the committee and floor process throughout the session. We’ll also keep sources handy for you on our website to consult for education and contemplat­ion on the ethics commission and enabling legislatio­n.

Many legislator­s and former legislator­s, advocates, scholars and citizens worked incredibly hard to get New Mexico to this point, where we will have a constituti­onally-mandated, independen­t state ethics commission.

Congratula­tions are in order! Let’s honor these efforts by continuing to observe and participat­e in the next essential process on this journey: the crafting of strong enabling legislatio­n that will direct the efforts of a fair, transparen­t, efficient, well-funded, proactive ethics commission. We deserve the best!

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