Department of Health

NM Senate leadership clears senator of ethics violation allegation

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A dust-up between an outspoken New Mexico state senator and a state cabinet secretary over ethics related to cannabis legislation has come to a resolution, at least temporarily. 

According to a letter from Senate leadership last month, sent to New Mexico Department of Health Secretary Tracie Collins, there will be no legislative investigation of Sen. Jacob Candelaria, D-Albuquerque, over his professional involvement with a prominent medical cannabis business.  

In the letter, sent on May 19, Senate President Pro Tem Mimi Stewart, D-Albuquerque, wrote that she, Senate Majority Leader Peter Wirth of Santa Fe and Senate Minority Leader Greg Baca of Belen determined there was no reason for the Interim Legislative Ethics Committee to investigate the issue further. 

“I convened a meeting with Senators Wirth and Baca to review and deliberate the allegations and other information contained in your complaint and in the State Ethics Commission’s dismissal and referral,” Stewart wrote. “After our extensive evaluation, we have determined that the complaint and information did not warrant further investigation by the Interim Legislative Ethics Committee, and therefore the complaint is dismissed.”

Four days after this year’s regular session and six days before a special session, Collins filed an ethics complaint with the newly formed State Ethics Commission, alleging that Candelaria  violated the state Governmental Conduct Act by voting on a bill that would have limited medical cannabis patient reciprocity. Candelaria, who is also an attorney, represented medical cannabis producer Ultra Health months prior, challenging DOH over the same issue. 

In September 2020, the Medical Cannabis Program, which is overseen by DOH, issued a directive that medical cannabis reciprocity only applied to patients with authorization from their respective home state to use medical cannabis. The department was attempting to close what it saw as a loophole in which Texas residents reportedly received recommendations from doctors in California and then crossed state lines to buy medical cannabis in New Mexico. By October 2020, Candelaria, on behalf of Ultra Health, successfully petitioned a state judge to overrule the department’s emergency rule change.

2019 Legislative Session

Committee advances ethics bill, but questions remain

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The House Judiciary Committee on Saturday voted 8-0 to move forward a bill establishing procedures for the state Ethics Commission, even though some lawmakers believe the measure still needs work. House Bill 4 would install seven commissioners with power to investigate and enforce compliance with laws on governmental conduct, election campaigns, lobbying and financial disclosures. Rep. Daymon Ely, D-Corrales, who is sponsoring the bill, told committee members the bill needs tweaking. But, he said, “I really want to get this thing moving.” Rep. Eliseo Alcon, D-Milan, agreed.

2019 Legislative Session

Senator wants ethics panel’s work mostly secret

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A state senator has proposed to keep much of the New Mexico ethics commission’s work secret and potentially impose thousands of dollars in fines and even jail time on anyone who breaks its confidentiality rules. Seventy-five percent of voters in last year’s election approved the creation of a state ethics commission, and legislators are now debating exactly how it should work, including how much the public should know about the cases it handles. Legislation filed this week by Sen. Linda Lopez, D-Albuquerque, would set up the commission to ensure that ethics complaints remain secret unless it decides there has been a violation of law or the accused signs waives confidentiality. Under her Senate Bill 619, the form for filing an ethics complaint would include a confidentiality agreement. And anyone who discloses confidential complaints or investigations could face fines as high as $10,000 and up to a year in jail.

2019 Legislative Session

Debate begins on details of new ethics commission

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New Mexico voters spoke, overwhelmingly backing a constitutional amendment last year to create an independent ethics commission. Now, it is up to lawmakers to decide exactly how the commission will work. Democrats in the state House of Representatives on Monday put forward the first plan of the legislative session for setting up the ethics panel, proposing a board that would work with broad secrecy. Confidentiality provisions immediately raised concerns from some of the biggest proponents of creating the commission. And the bill’s backers are walking a fine line as they ask lawmakers to set up the very body that will police them.

ethics commission

Lawmakers get started on ethics commission enabling legislation

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For a window into how legislation is made, few moments were more educational than a sparsely attended meeting Tuesday afternoon in a cavernous, mostly empty room on the University of New Mexico campus. On the surface, the meeting was congenial as two state lawmakers, legislative staff, attorneys and representatives of civic organizations hammered out the beginnings of draft legislation that would fill out the details of the state’s first independent ethics commission if voters give the go ahead in November. But beneath the amicable discussions there was a rematch of sorts, perhaps noticeable only to those aware of the contentious history surrounding the idea of an independent ethics commission. For almost 15 years, lawmakers offended by the notion that they needed anyone to watch over them squared off against other legislators who touted independent oversight as a way to restore public trust in government. Legislative opposition knew no political party, with both Democrats and Republicans chafing at the idea of an independent oversight body.

ethics

‘Enforcement gap’ persists in NM ethics laws

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Corruption has long been endemic to New Mexico government. And today, even when people ferret out potential problems or ethical lapses, there’s still a significant gap between the laws meant to protect people and the ability or willingness of state agencies to enforce them. In January, for example, conservation groups wrote to the state purchasing agent and director, asking him to look into a political donation from a company with a lucrative state contract. The company had contributed $1,000 to Gov. Susana Martinez’s political action committee during a time when the state’s Procurement Code prohibits political contributions, when proposals are being evaluated for the awarding of contracts. Months passed, and the activists didn’t hear back from the state purchasing agent or from the agency that had issued the contract, the New Mexico Interstate Stream Commission (ISC).

Citizens for Responsibility and Ethics in Washington

When checks and balances fall short: Ethics oversight needed

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Katherine Duncan is the Communications Assistant at CREW and previously worked as a corporate editor. Walker Davis is a Research Associate at CREW where he researches campaign finance and lobbying issues. In case it wasn’t already clear, having accountability measures in place for elected officials is crucial. Unchecked power is a formula for corruption. Perhaps nowhere has this been more clear recently than in state-level politics in New Mexico and Mississippi, both of which lack appropriate accountability systems and both of which have faced local scrutiny and public outrage after widely reported ethical issues, including public officials using campaign funds for personal expenses.

independent ethics commission

Session Recap: Once again, ethics failures outweigh successes

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While ethics reform was on everyone’s mind when the 2016 Legislative Session began, the increased attention didn’t mean increased success in passing ethics bills. There were some small successes. The House will archive proceedings and a bill to streamline campaign finance reporting is on Gov. Susana Martinez’s desk. But the real ethics news was the crown jewel of ethics legislation—an independent ethics commission—once again failed after heading over to the Senate. And a bill to shine the light on so-called “dark money” failed on the House side.

2016 House

Independent ethics committee legislation heads to Senate

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Legislation to create an independent ethics commission passed the House on a bipartisan vote late Tuesday night. Sponsored by Rep. Jim Dines, R-Albuquerque, HJR 5 would create an independent commission to field and take action on complaints made about state officials. Since it is a proposed constitutional amendment, if  both the House and the Senate pass the legislation, the issue would go to the voters in November for approval. Rep. Cathrynn Brown, R-Carlsbad, raised a number of concerns, one of which was how to fund it. “My concern is this could balloon into significant money,” Brown said.

2016 Legislative Session

Dems push ethics bills after year of scandals

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House Democrats gathered in Santa Fe to unveil a slate of ethics and transparency bills on Tuesday. The bills come after a year that saw a state Senator resign after violating the state constitution and the Secretary of State resigned after pleading guilty to six crimes, including two felonies. One bill that they included was instituting a state ethics commission, legislation that has been introduced in one form or another for over a decade without ever passing. New Mexico is one of just eight states that do not have an ethics commission. House Minority Leader Brian Egolf, D-Santa Fe, is the latest to attempt to bring the legislation to the governor’s desk.