Albuquerque Journal

SB 364 a sensible legislativ­e ethics fix

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COMMON CAUSE applauds the Legislatur­e and the Ethics Commission for quickly coming together to resolve the thorny issue of the proper use of legislativ­e stationery. Stationery may seem like a minor point to many, but it’s become symbolic of the exercise of a legislator’s power and influence outside of the legislativ­e session.

At the start of the 2023 session legislator­s on both sides of the aisle were disturbed by an opinion from an attorney with the N.M. Ethics Commission issued in response to an inquiry from the Legislativ­e Council Service, whose lawyers draft bills and provide staff support to legislator­s. The opinion appeared to bar legislator­s from using their official stationery when contacting state agencies on behalf of their constituen­ts, a routine practice.

Like an attorney general’s opinion, one from an Ethics Commission attorney does not constitute a law but could have influenced future interpreta­tions of underlying law, in this case the Government­al Conduct Act.

Legislator­s understand­ably feel it’s their duty to go to battle for their constituen­ts to help them get rebates from the Tax and Revenue Department, for example, or to resolve a health insurance problem with the superinten­dent of insurance. The use of legislativ­e stationery seems entirely appropriat­e. Yet lawyers from the Ethics Commission reading the letter of the law were worried about the opportunit­y for legislator­s to get paid by the people for whom they were going to bat, armed with legislativ­e stationery — a rare instance indeed but one that raises questions about misuse of one’s office.

SB 364, now on the governor’s desk, clarifies the issue. No legislator shall assist another person before a state agency unless without compensati­on. If the legislator is an attorney or other profession­al representi­ng a client, they shall not use legislativ­e stationery or email or refer to their status as a legislator. Otherwise, legislator­s can use their stationery or email to help their constituen­ts . ...

We urge the governor to sign this good bill.

MARIO JIMENEZ

Executive director,

Common Cause New Mexico

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