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The proper administration of democratic government requires that public officials be independent, impartial, and responsible to the people; that government decisions and policy be made in the best interest of the people, the community and the government; and that the public have confidence in the integrity of its government. In recognition of these goals, the following Code of Ethics shall apply to all officials of the city.
(a) "Beneficially owned" means a beneficiary's interest in trust property.
(b) “Board” means the Board of Ethics and Campaign Practices established pursuant to Article XII of this Charter.
(c) “Business Dealings” or "Business Dealings With The Governmental Body" includes circumstances where a person is: (1) presently a party to a contract with the city; (2) presently a subcontractor under a subcontract with a party under contract with the city; (3) bidding, proposing, or applying for contracts with the city; (4) a party in litigation with the city; (5) a party before a quasi- judicial administrative proceeding conducted by a city board, commission, committee or hearing officer; or (6) a party to an appeal of a decision of a city department, quasi-judicial administrative board, commission, committee or hearing officer.
(d) "Business entity" means a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any other legal or commercial entity.
(e) “Candidate” means any individual who has: (1) obtained a nominating petition from the City Clerk pursuant to Section 4(c)1.D. of the Election Code for the office of Mayor or Councilor; (2) filed an affidavit on a form approved by the City Clerk, stating that they are a candidate for either the office of Mayor or City Councilor; (3) filed as a candidate for elected office as required by law, whichever first occurs; or (4) has received or solicited contributions or made expenditures of one thousand dollars ($1,000) or more or authorized another person or campaign committee to receive or solicit contributions or make expenditures of one thousand dollars ($1,000) or more for the purpose of seeking election to the office.
(f) “Consideration” means something of value or a written promise to pay or otherwise provide something of value which is enforceable through the courts.
(g) “Contract with the City” means a written contract to: (1) purchase real property from the city; (2) sell real property to the city; (3) rent real or personal property to or from the city; or (4) provide services and/or goods to the city. A contract with the city shall also include all subdivision improvement agreements for the private development of public infrastructure and associated easements and revocable permits. Contracts excluded from this definition are those for services provided by the city such as water, wastewater or solid waste collection; intergovernmental agreements such as a joint powers agreement or a memorandum of understanding. Permits and licenses issued by the city shall not be deemed contracts with the city for purposes of the Ethics Code.
(h) "Controlled" means the ability of a person, through share ownership or other means, to make changes in the management of a business entity or to appoint persons who will control the management of that business entity.
(i) "Disclosure statement" means a statement on a form prepared by the City Clerk for purposes of compliance with this ordinance.
(j) "Direct Interest", "Private Interest" or "Private Financial Interest" means an interest concerning; (1) a partnership, limited liability partnership, limited liability company, corporation, or any other for-profit entity in which an official owns an interest of 10% interest or more; or (2) a corporation, partnership, limited liability partnership, or limited liability company in which the official is an officer, director, or agent. Direct Interest, Private Interest or Private Financial Interest does not mean an interest in stock owned indirectly through a mutual fund, retirement plan, or other similar commingled investment vehicle the individual investments of which the official does not control or manage.
(k) "Gift" or "Valuable Gift" means that which is directly or indirectly paid or given to another for an individual's benefit or by any other means, for which consideration equal or greater than fair market value was not given by the official within 90 days of the official's receipt of such gift, including, but not limited to: (1) real property; (2) the use of real property; (3) tangible or intangible personal property; (4) the use of tangible personal property; (5) a preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is neither a government rate nor a rate available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin; (6) debt forgiveness; (7) transportation, other than that provided to an official by a governmental agency in relation to approved government business, lodging or parking; (8) food or beverage; (9) membership dues, other than dues paid by a city agency; (10) entrance fees, admission fees, or tickets to events, performances, or facilities other than those hosted, sponsored, or co-sponsored by the city or occurring at a city facility; (11) plants, flowers, or floral arrangements; (12) services provided by persons pursuant to a professional license or certificate; (13) other personal services for which a fee is normally charged by the person providing the services; and (14) any other similar service or thing having an attributable value not already provided for in this section. For purposes of calculating the dollar limits to the term "gift", any gift provided by a lobbyist shall be attributed to the lobbyist individually as well as to the business organization which he or she owns or by which he or she is employed.
Gift does not include: (1) salary, benefits, services, fees, commissions, returns on an investment, a loan, interest incurred on a bond, expenses, or other forms of compensation associated primarily with the official's employment, business or service as an officer or director of a private corporation or organization; (2) any activity authorized by the Election Code, the Code of Ethics, and items excluded from the definition of "contributions" pursuant to Section 2(g)(3) of the Election Code, including but not limited to the acceptance of a donation, transfer or contribution, or the making of an expenditure or reimbursement; (3) an honorarium or an expense related to an honorarium event paid to an official or the official's spouse; (4) an award, plaque, certificate, or similar personalized item given in recognition of the official's public, civic, charitable, or professional service; (5) an honorary membership in a service or fraternal organization presented merely as a courtesy by such organization; (6) the use of a public facility or public property made available by a governmental agency for a public purpose; (7) transportation provided to an official by a governmental agency in relation to official and approved governmental business; (8) gifts provided directly or indirectly by a state, regional or national organization whose primary purpose is the promotion of the exchange of ideas between governmental officials or employees or to provide for the professional development or training of such governmental officials or employees, provided that such organization has a membership primarily composed of elected or appointed public officials or employees; (9) the use of a city facility by an official; (10) a gift motivated by a familial or close personal relationship rather than the recipient's position as an official; and (11) all non-pecuniary things or services donated in any twelve (12) month period from a single donor that have a cumulative fair market value of two hundred fifty dollars ($250.00) or less.
(l) “Governmental Body” means the City of Albuquerque and any of its boards, commissions and committees.
(m) “Immediate Family” or “Immediate Family Member” means spouse, children, step-children, parents, grandparents, grandchildren, siblings, first cousins, nieces, nephews, uncles and aunts.
(n) "Income" means the money or other form of payment that a person receives from labor or services, including from employment, a business entity, contracts, goods or services rendered and investments.
(o) “Indirect interest” or “indirect private financial interest” means any interest in which legal title is held by another as trustee or other representative, but the equitable or beneficial interest is held by the official or the official's immediate family. Indirect interest shall include a pecuniary or competitive advantage that exists or could foreseeably accrue as a result of the act or inaction of the official.
(p) "Office" means a position of duty, trust or authority.
(q) “Official” means the Mayor, all members of the Council, all members of boards, commissions and committees; all directors and the equivalent thereof for each department, division or section; assistant, associate or deputy department, division or section directors and the equivalent thereof; the Director of Council Services; the Chief Administrative Officer; Deputy or Assistant Chief Administrative Officers and the equivalent thereof; and all other city employees appointed directly by the Council, Mayor or Chief Administrative Officer.
(r) "Ordinary consumer debt" means a personal debt owed as a result of purchasing goods used for individual or household consumption, including credit card debt and auto loans.
(s) "Participate in a political campaign" means: (1) to hold a paid position in a campaign; (2) to hold an unpaid position in a campaign that includes a title or functions in a manner that would typically include a title; (3) to host a fundraiser for a candidate or host a house party or any other event for a candidate or campaign; (4) to volunteer for a candidate or campaign; (5) contribute to a candidate or campaign; (6) electronically posting or sharing candidate or campaign materials or communications, or otherwise publishing statements that reference a candidate or campaign, via social media or otherwise. "Participate in a political campaign" does not include: (1) signing a nominating petition; (2) making a $5 qualifying contribution to a candidate seeking public financing; (3) "liking" a social media post that references a candidate or campaign.
(t) “Person” means any individual, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, profit or nonprofit organization, or other legal entity.
(u) "Public agency" means a department, commission, council, board, committee, agency or institution of the executive or legislative branch of state government or a political subdivision of the state or an instrumentality of the state or of a political subdivision of the state.
(v) "Publicly endorse" means: (1) to publish in any way a statement of support or approval regarding a candidate or campaign; (2) to knowingly allow one's name to be published by others as endorsing a candidate or campaign; (3) to appear in advertisements of any sort for a candidate or campaign. "Publicly endorse" does not include: (1) a statement of personal opinion in a non-public setting to another individual; or (2) a publication regarding a Board of Ethics ruling.
(w) "Publicly oppose" means: (1) to publish in any way a statement of opposition or criticism regarding a candidate or campaign; (2) to knowingly allow one's name to be published by others as opposing a candidate or campaign; (3) to appear in advertisements of any sort opposing or criticizing a candidate or campaign. "Publicly oppose" does not include a statement of personal opinion in a non-public setting to another individual or a publication regarding a Board of Ethics ruling.
(Amended by Ordinance Nos. 35-1975, 91-1980, 24-1981, 34-2006, 2018-033, 2019-030, and 2022-043; Amended at Regular Municipal Election, October 3, 1989, as part of Proposition #4.)
(a) The Board shall be made up of seven members, who shall be chosen as follows: The Council shall appoint three members and the Mayor shall appoint three members. The six members so appointed shall select a seventh person to serve as Chairperson of the Board. A simple majority of members shall constitute a quorum. The appointment of a Board member by one appointing authority shall not be approved or disapproved by the other two appointing authorities. Each member shall be a qualified elector of the city, and no member shall be an official or employee of the city or the spouse, parent or child of an official or city employee.
(1) No member of the Board shall (1) have held public office as a city official or have been a candidate, as defined in Article XIII, Section 2, for a two-year period prior to appointment; (2) seek or hold an elective public office or an appointed public position while serving on the Board; (3) participate in any political campaign for a candidate who is a city official or candidate, as defined in Article XIII, Section 2, while serving on the Board; (4) be a lobbyist, or be employed by or have an equity interest or ownership interest in a lobbying organization, as defined in ROA § 2-3-3, while serving on the Board; (5) be a paid political campaign employee, or be employed by, or have an equity interest or ownership interest in, a business entity that derives any of its revenue or income from political campaign work, while serving on the Board; (6) have a contract with the city as defined in Article XIII, Section 2, while serving on the board; (7) publicly endorse or publicly oppose a ballot initiative, a candidate who is a city official or a candidate, as defined in Article XIII, Section 2, while serving on the Board; or (8) solicit funds for a Measure Finance Committee, Candidate Finance Committee, or candidate as defined in Article XIII, Section 2, while serving on the Board.
(2) A Board member who is found to have violated any of the provisions of Subsection (a)(1) of this Section shall resign from the Board, or if the Board member fails to resign the member shall be removed pursuant to Board of Ethics rules.
(3) There shall be a public comment period for any individual proposed for membership on the Board of Ethics and Campaign Practices by the Mayor, the Council and for the seventh member selected by the Board. The name and resume of any individual proposed for membership shall be posted on the city's website at least two weeks, via an agenda published by City Council or otherwise, prior to the date when final action is taken to appoint that individual. Any person shall be allowed to submit comments about the proposed member by written submission, electronically or otherwise, to the City Clerk.
(4) The members of the Board of Ethics and Campaign Practices shall receive at least six hours of training prior to acting in the capacity of a Board member. The training shall be provided by the City Attorney and shall cover the ethical responsibility of Board members and the content of the Code of Ethics and the Election Code as those codes relate to the duties of the Board. The training requirement shall not apply to any current Board member, who shall continue to serve their unexpired term, or to any Board member reappointed at the end of a term.
(b) All members shall serve terms of four years, and be eligible for reappointment for additional terms, not to exceed two terms consecutively, consisting of the initial term the member was appointed to and the second, consecutive term. Terms are staggered and shall continue with the same term cycle as currently exists. Any vacancy shall be filled for an unexpired term by the same authority that made the original selection and appointment of the member vacating his or her position. Members may continue in office after their term has expired until a successor is appointed. If a member continues to serve for more than one hundred eighty days (180) after his or her term has expired, his or her successor shall be eligible for appointment to a full four-year term.
(c) The jurisdiction of the Board is limited to acting within the scope of matters covered by the Code of Ethics, the Election Code, the Open and Ethical Elections Code, and rules promulgated by the Board and/or the City Clerk. When a complaint contains allegations outside the scope of the Board's jurisdiction, the city reserves the right to refer all or part of the complaint to any agency or law enforcement agency with competent jurisdiction for criminal or civil investigation or prosecution.
(d) No violation of the Code of Ethics, the Election Code, the Open and Ethical Elections Code, and/or rules promulgated by the Board and/or the City Clerk shall be found by the Board of Ethics and Campaign Practices except upon the concurrence of a majority of the Board.
(e) Any rules promulgated by the City Clerk for the purposes of administering the Code of Ethics shall be submitted for receipt to the City Council.
(f) The Board shall:
(1) meet as necessary;
(2) receive and investigate complaints regarding possible violations of the Code of Ethics, the Election Code, the Open and Ethical Elections Code, and/or rules promulgated by the Board and/or the City Clerk;
(3) hold hearings when necessary to determine whether there has been a breach as alleged in a complaint;
(4) contract for professional services through the City Clerk as necessary to carry out duties;
(5) provide the Mayor and City Council with a report following each municipal election year stating the number of complaints that were submitted to the City Clerk alleging a violation of the Code of Ethics, the Election Code, the Open and Ethical Elections Code, and/or rules promulgated by the Board and/or the City Clerk, the number of complaints submitted to the Board by the City Clerk, and a summary of the status of each complaint to include the date of the complaint, the date for the case to be heard, and date for possible final action. The report called for in this section shall be submitted to Council by no later than the July after each municipal election year, and shall also include any recommendations regarding amendments to city ethics or public accountability laws, and recommendations regarding the scope of the Board and/or City Clerk's powers and duties. The annual status reports must be approved by the Board and made available to the public on the City Clerk's website. Status reports may be provided to Mayor and City Councilors and their staff on an informal basis as appropriate.
(g) The Board shall have the authority to administer oaths, and power to issue administrative subpoenas to compel witnesses to testify and produce records and documents before the Board. The Board may promulgate rules and regulations establishing procedures for issuance of subpoenas. The Board may request the City Attorney to enforce such subpoenas in a court of proper jurisdiction.
(h) The Board may issue to candidates, officials, and lobbyists advisory opinions concerning the Code of Ethics, the Election Code, the Open and Ethical Elections Code, and rules promulgated by the Board and/or the City Clerk. Candidates and officials shall make all requests for advisory opinions in writing to the City Clerk. Draft advisory opinions may be prepared by Board members for consideration by the Board, or may be assigned to an outside, independent legal counsel for preparation. The City Clerk shall maintain a contract with outside, independent legal counsel during each election cycle for this purpose. Any draft advisory opinions shall be submitted to the Board of Ethics for consideration of approval within fourteen (14) days of a written request for advisory opinion being received by the City Clerk. Within thirty (30) days of receiving the proposed advisory opinion, the Board shall vote to adopt or decline to adopt the proposed advisory opinion as written. If the Board of Ethics declines the proposed advisory opinion, the Board of Ethics will either direct the City Clerk, Board member, or outside counsel to amend the proposed opinion as appropriate or to draft a new advisory opinion for consideration for adoption at its next meeting, which shall be held within fourteen (14) days. Official advisory opinions will be issued only upon the Board's approval. All timeframes noted in this subsection are mandatory unless the City Clerk or the Board notifies the requester in writing of a delay in issuance and with specificity as to that request, the reason for the delay, and continues to notify the requester in writing every thirty (30) days until the advisory opinion is issued, which in all cases shall be within one hundred eighty (180) days of the request.
An advisory opinion shall become public record at the time the Board votes on such opinion. Advisory opinions shall only concern prospective matters. Specifically, no advisory opinion shall be issued with respect to an event that has already occurred. Advisory opinions shall only be issued with respect to conduct in which the requestor of the opinion intends to engage. No advisory opinion shall be given unless approved by four members of the Board. Approved opinions shall be kept as permanent records by the City Clerk. The Board may promulgate rules and regulations establishing procedures for issuing advisory opinions and limitations on the use of advisory opinions as a defense to violations of the Code of Ethics or the Election Code. The Board may issue consent orders and may promulgate rules and regulations establishing procedures of issuance of consent orders.
(i) Limitations on Complaints.
(1) The Board will not set for hearing any complaint charging a violation alleged to have occurred more than one hundred twenty (120) days prior to the date the complaint is filed unless the facts and documentation supporting the charges alleged in the complaint were not public knowledge or available for public inspection within that time frame.
(2) In no event shall the Board hear a complaint alleging violations in which the violation occurred more than one (1) year prior to the date the complaint is filed unless the complainant also alleges fraud or purposeful misrepresentation on the part of the respondent to conceal the conduct that is the subject of the complaint.
(3) All complaints referred to the Board by the City Clerk at any time prior to sixty (60) days before election day shall be resolved, determined, or dismissed by the Board within sixty (60) days from the referral of the complaint. If the complaint is not resolved within sixty (60) days, the complaint shall be dismissed, unless delayed by the Chair of the Board upon a showing of good cause.
(4) All complaints referred to the Board by the City Clerk during the sixty (60) day period preceding election day shall be resolved, determined, or dismissed by the Board within thirty (30) days from the referral of the complaint. If the complaint is not resolved within thirty (30) days, the complaint shall be dismissed, unless delayed by the Chair of the Board upon a showing of good cause.
(5) Notwithstanding the foregoing, the Board shall not adjudicate a complaint filed against a candidate less than seven (7) days before election day. The time limitations referenced in this section (h) applicable to a complaint shall not include the seven (7) day blackout period prior to election day.
(j) A Board member who has participated in any hearing on a case concerning a complaint alleging a violation of the Code of Ethics or the Election Code shall continue to serve as a Board member on such case until the completion of the case, regardless of the expiration of that Board member's term, but only when the Board has voted on a matter concerning the case. A replacement Board member shall not serve on such cases.
(k) Board Member Conflicts of Interest and Recusals.
(1) A Board member shall not hear complaints involving candidates or Measure Finance Committees to which they have contributed within three (3) years prior to the complaint or have participated in the candidate's or Measure Finance Committee's campaign activities within three (3) years prior to the complaint. Nor shall Board members hear cases involving complaints concerning candidates and Measure Finance Committees who are in opposition to the candidates or Measure Finance Committees to which the Board member contributed or participated in their campaign activities within three (3) years prior to the complaint.
(2) A Board member is required to recuse himself or herself from an official matter that involves any individual, association, corporation or other entity that employed or did business with the Board member during the one year prior to the Board member's appointment to the Board. The recusal shall remain in effect until the Board no longer has any interest in the matter.
(3) A Board member is required to recuse himself or herself on an official matter if the member had any involvement in that matter, other than on behalf of the city, prior to the Board member's appointment to the Board. The recusal shall remain in effect until the Board no longer has any interest in the matter.
(4) A Board member must recuse himself or herself from a matter if the member has:
(a) Any financial interest, direct or indirect, that is incompatible with the discharge of the Board member's duties; or
(b) Any personal interest, direct or indirect, that is incompatible with the discharge of the Board member's duties.
(5) For purposes of (4) above, there is a rebuttal presumption that an incompatible financial or personal interest includes, but is not limited to, outside employment; a debtor/creditor relationship; a relationship involving legal representation; a fiduciary relationship; a source of income; any matter pertaining to or involving a relative or cohabitant of the member; a relationship with a person providing funds, goods or services without compensation; any matter pertaining to or involving a business associate or business investment; and a leadership role in a professional or trade organization, which interest might reasonably be expected to impair a Board member's objectivity and independence of judgment in the exercise of his or her official duties or might reasonably be expected to create an impression or suspicion among the public having knowledge of his or her acts that the member may be engaged in conduct violative of his or her trust as a Board member.
(6) An incompatible financial or personal interest may exist in other situations which are not clearly within the provisions of (4) and (5) above, depending on the totality of the circumstances. A Board member may contact the City Clerk for guidance in such cases.
(7) A Board member may seek the advice of the City Attorney or outside counsel as to the propriety of participation in a matter if any person requests that a Board member recuse himself or herself from that matter. Oral advice, followed up by a writing to be provided to the full Board, may be provided by the City Attorney or outside counsel to avoid delay.
(8) If the propriety of a Board member's participation in a particular matter is questioned on the grounds that the member has a conflict of interest and if the member refuses to recuse from participation in the matter, the Board may disqualify that member from participation in the relevant board proceeding with concurrence of a majority of members.
(I) If the Board finds, upon a majority vote of the board, that a candidate, elected official, Measure Finance Committee, or lobbyist has violated the Code of Ethics, the Election Code, the Open and Ethical Elections Code, and/or rules promulgated by the Board and/or the City Clerk, the Board may impose any of the following penalties, subject to the individual's existing rights under a collective bargaining agreement and/or the Merit System Ordinance, after the entry of written findings of fact and conclusions of law:
(1) A civil fine not to exceed the maximum set by state law;
(2) A written finding of censure;
(3) When an official or candidate has committed an act that the Board believes may constitute a violation of the State Election Code, NMSA 1978 § 1-1-1, et seq., the Board may refer the matter to the Secretary of State and/or the State Ethics Commission.
(m) Nothing in this Section shall be read to preclude the Board from referring any matter to appropriate enforcement authorities.
(n) No former member of the Board may represent any business or person, other than himself or herself, before the Board for a period of one year following the end of such member's service on the Board.
(o) Any member who misses three consecutive meetings, unexcused by the chair, shall be deemed to have resigned from the Board and may be replaced by the original appointing authority. Members may attend non-quasi- judicial hearings by phone.
(p) A recused or disqualified Board member shall not participate in any proceeding related to the matter from which the member is recused or disqualified, and the member shall be excused from that portion of a meeting at which the matter is discussed.
(q) If a majority of Board members have recused themselves or are disqualified from participating in a proceeding, the remaining members shall request the appointment of temporary members from the original appointing authorities that appointed the recused or disqualified members. Appointing authorities shall appoint temporary members within ten (10) days of the request for appointment.
(r) Ex parte communications. Members of the Board of Ethics shall not communicate ex parte with any person or party or their representative in any quasi- judicial Board matter, except upon notice and opportunity for all parties to participate. The members of the Board may severally communicate with each other, in conformity with the Open Meetings Act, and may have the aid and advice of the City Attorney, City Clerk, or other appropriate city staff or outside experts when such assistance is requested by the Board.
(Am. Ord 35-1975; Am. Ord. 77-1978; Am. Ord. 91-1980; Am. Ord. 24-1981; Am. Ord. 34-2006; Am. Ord. 29-2009; Am. Ord. 2019-030; Am. Ord. 2020-019)
(a) No official of the city shall knowingly:
1. Disclose or use confidential information concerning the property, government or affairs of the governmental body by which that official is employed or of which the official is a member without proper authorization in order to advance the direct or indirect private financial or other private interests of said official or others;
2. Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which the official has a direct or indirect private financial interest;
3. Represent private interests in any action or proceeding before the governmental body by which the official is employed or of which the official is a member or any appeal of a decision of such body;
4. Accept any valuable gift, whether in the form of service, loan, thing or promise, from any employee of or applicant for employment with the City of Albuquerque or from any person, firm or corporation which to the official's knowledge is interested directly or indirectly in any manner whatsoever, in business dealings with the governmental body by which the official is employed or of which the official is a member, including donors who are unidentified; provided, however, that this subsection shall not be read as prohibiting an incumbent candidate for any elective office from receiving duly disclosed campaign contributions in accordance with the provisions of Article XIII of this Charter or an official who is a candidate for a non-city office from receiving campaign contributions for that non-city office.
(b) No member of the City Council shall:
1. During the term for which he or she was elected, be appointed to or selected for any paid office or employment with the city, nor shall he or she within one year thereafter be appointed to any paid city office or employment which the city created, or the emoluments of which first were established or were increased during such term; nor shall any member of the City Council during the term for which he or she was elected nor within one year thereafter, be interested directly in any contract with the city, which was authorized by any law passed during such term;
2. During their term of office participate in any debate or vote on any matter which will likely result in any benefit to the member which benefit is greater than the benefit to the public in general. A benefit for purposes of this paragraph shall mean a financial benefit or a benefit conferred by the City Council member's employer as a direct result of the member's participation in the matter.
(c) Disqualification. An official is disqualified from participating in a matter when: (1) the official has or is in the process of acquiring a direct interest in an enterprise which would be affected by the official's vote on proposed legislation, unless the interest is common to all members of a profession or occupation of which the official is a member or the general public or a large class of the general public, (2) the official benefits financially from a direct or indirect interest with a person whom the official knows has an interest in an enterprise or interest that would be affected by the official taking any action, (3) the official benefits financially from a direct interest with a person who is lobbying for the purpose of influencing any action, or (4) the official solicits, accepts, or agrees to accept a loan, other than a loan from a commercial lender in the normal course of business, from a person who would be affected by or has an interest in an enterprise which would be affected by the official's participation in any action.
(Am. Ord 35-1975; Am. Ord. 29-1976; Am. Ord. 91-1980; Am. Ord. 23-1988; Am. Ord. 33-1989; Am. Ord. 34-2006)
(a) An official of the City with any private financial interest in any contract or other matter pending before or within the governmental body the official is employed by or a member of, shall file an annual disclosure statement to the governmental body.
(b) Any Councilor who has a direct or indirect interest in any matter pending before the Council shall disclose such interest on the records of the Council. The existence of a direct or indirect private financial interest on any matter coming before the Council, including approval of a contract, shall disqualify a Councilor from debating and voting on the matter. A majority of the remaining members of the Council shall determine whether a Councilor has a direct or indirect interest and whether the Councilor shall be allowed to vote and participate in the decision-making process related to the matter. A Councilor who has a conflict of interest may voluntarily decline to vote and participate in the decision-making process related to the matter.
(c) The Mayor and each City Councilor, during their term of office, shall file contribution and expenditure disclosure statements on the second Monday in May and November of each year setting out all contributions and expenditures, as defined in the City Election Code, during the previous period, raised or spent in connection with any campaign or pre-campaign activity for any elected office. Expenditures of public funds in the regular course of the Mayor or Councilor's official duties are not contributions and expenditures subject to such disclosure under this section. The Mayor and Councilors are not required to file a biannual statement if they have had no campaign or pre-campaign contributions or expenditures during the previous period. These reporting requirements shall be in addition to the reporting requirements of the Election Code, provided that any information filed with the City Clerk pursuant to City Charter Article XIII, Section 4(c) need not be included in the subsequent biannual reports required by this section. The contributions and expenditures identified in the biannual statements that are to be applied to a campaign for election to a City office shall be included in the first campaign disclosure report that the candidate files pursuant to the Election Code.
(d) All elected officials and Department Directors shall file with the City Clerk an annual disclosure statement listing all of the changes or additions to the disclosure information provided by the elected official at the time of filing his or her declaration of candidacy pursuant to Section 3 of the Election Code or if a Department Director, at the time of beginning their position as a Director. If no changes have occurred, the official shall so state in the annual disclosure statement. The annual disclosure statement shall be due on the first city work day of July and shall be submitted on a form approved by the City Clerk. The annual disclosure statement shall be a public record.
(e) In addition to the information disclosed pursuant to Section 3 of the Election Code, the annual disclosure statement for all elected officials and Department Directors shall include the following information for the preceding calendar year:
(1) the full name of the reporting individual and the reporting individual's spouse;
(2) the name and address of any employer employing the reporting individual or the reporting individual's spouse, the title or position held, and a brief description of the nature of the business or occupation;
(3) the identity, zip code, and purpose of use of real property owned by the reporting individual, the reporting individual’s spouse, or the reporting individual's dependent children; provided that in the absence of a zip code, the county of situs is required to be disclosed;
(4) the identity of assets of more than fifty thousand dollars ($50,000) directly or beneficially owned by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children; provided that in determining whether an asset has a value of more than fifty thousand dollars ($50,000), the value should not be reduced by any debt secured by the asset, such as a mortgage or other secured loan, and a good faith estimate of the fair market value of an asset is permitted if the exact value is neither known or easily obtainable. The disclosure of assets shall include:
(A) commodities, including the type of commodity;
(B) investments in stocks, bonds, futures contracts, options, derivatives, currency, real estate investment trusts, mutual funds, private equity funds, exchange-traded funds, and trust funds of which the reporting individual is a beneficiary; provided that if the investment is or forms part of a fund, the reporting individual is only required to identify the fund, the fund manager, and any underlying holdings of the fund that have a value of more than fifty thousand dollars ($50,000); and
(C) contractual rights that are reasonably likely to generate future income, such as royalties and intellectual property, the names of the contracting parties, and the purpose of the contract;
(5) all sources of income equal to or greater than the amount that must be disclosed to the internal revenue service pursuant to 26 U.S.C. Section 6041(a), as amended, directly or indirectly accrued by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18, except for income below $50,000 accrued by such dependent children, including:
(A) the identity of the source of earned income; provided that:
(i) if a source of earned income is owed a legal or professional duty of confidentiality and the identity of the source of the income has not been disclosed to a public agency, the reporting individual may identify the source as "confidential" and describe the duty of confidentiality that prevents disclosure of the source of the earned income; and
(ii) if an indirect source of earned income is a client of a business entity of which the reporting individual or the reporting individual's spouse is a member, the indirect source of earned income is not required to be disclosed if the reporting individual or the reporting individual's spouse has no role in any matter involving the source; and
(B) the identity of sources of unearned income, including taxable interest, capital gains, dividends, annuities, trust distributions, rents from real property and insurance policies;
(6) Liabilities of more than five thousand dollars ($5,000) owed by:
(A) the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; and
(B) a trust of which the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18 are beneficiaries;
(7) For a liability identified pursuant to Subsection (6) of this section, the reporting individual shall disclose:
(A) the identity of the person who owes the debt or liability;
(B) the person to whom the debt or liability is owed;
(C) the amount of the debt or liability; and
(D) any payments on the debt or liability during the previous calendar year;
(8) The disclosure statement is not required to include:
(A) ordinary consumer debt;
(B) mortgage debt on the primary residence of the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18;
(C) student loans;
(D) liabilities owed to parents, grandparents, children or siblings of the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18; and
(E) One passenger vehicle registered to the reporting individual, the reporting individual's spouse, and the reporting individual's dependent children over the age of 18;
(9) The following information related to any privately held business controlled by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18:
(A) the name of the business entity, a brief description of the nature of its activities and its geographic location, including the City and State; and
(B) for a privately held business entity formed for the purpose of holding investments:
(i) assets of more than fifty thousand dollars ($50,000) or that generated income directly or beneficially owned by the business entity in an amount equal to or greater than the amount that must be disclosed to the internal revenue service pursuant to 26 U.S.C. Section 6041(a), as amended; provided that in determining whether an asset has a value of more than fifty thousand dollars ($50,000), the value should not be reduced by any debt secured by the asset, such as a mortgage or other secured loan; and
(ii) any liability of the business entity in an amount greater than fifty thousand dollars ($50,000), including:
(a) the identity of the business entity that owes the debt or liability;
(b) the person to which the debt or liability is owned;
(c) the amount of the debt or liability; and
(d) any payments on the debt or liability during the previous calendar year;
(10) The following information related to professional licenses, memberships and offices held for the prior calendar year:
(A) professional licenses held by the reporting individual and the reporting individual's spouse; and
(B) board memberships, offices or other positions held by the reporting individual and the reporting individual's spouse in:
(i) corporations, partnerships, trusts or other for-profit business entities; and
(ii) nonprofit organizations, educational organizations, political organizations or other nongovernmental organizations; and
(11) Any gift received in the prior calendar year by the reporting individual, the reporting individual's spouse or the reporting individual's dependent children over the age of 18 having a market value greater than fifty dollars ($50.00) from a restricted donor, a registered lobbyist, a lobbyist's employer, a government contractor or a person that has responded to a request for proposals or an invitation to bid issued by the City.
(Am. Ord. 35-1975; Am. Ord. 91-1980; Am. Ord. 24-1981; Am. Ord. 13-2003; Am. Ord. 34-2006; Am. Ord. 2017-007; Am. Ord. 2019-003; Am. Ord. 2019-030; Am. Ord. 2022-043; Am. Ord. 2024-036) (Amended at Regular Municipal Election, October 2, 2001, as Proposition #10.)
No official of the city shall use property, owned by any governmental body or funds of any governmental body, for personal benefit, convenience or profit, except in accordance with policies promulgated by the Council. This prohibition includes the use of city property or funds to advertise or promote the campaign of any official, except as provided in this section. Use of city property to promote a campaign is limited to areas made available to all candidates for public office, including public areas, areas used for public meetings and such city facilities that are designated as meeting space that is available to all candidates for public office. No campaign activities shall be conducted in those portions of city facilities that are dedicated as work areas for city employees. Officials are prohibited from using any method of communication paid for with city resources, including but not limited to public service announcements, signage, official websites or mail during the three months prior to their election date, if such advertising states or implies personal responsibility of the official for any city accomplishment. Officials are prohibited from using any method of communication paid for with city resources, including but not limited to public service announcements, signage, official websites or mail if such communication is in a form that would be reasonably mistaken for the campaign materials of the official because of the similarity of design, content or graphics being used in the campaign.
(Am. Ord. 34-2006)
No official shall participate in the following types of political activity:
(A) Using his or her position or employment with the city to influence support of employees of the city for or against any candidate, issue or Measure Finance Committee or other similar organization in any election or pre-election activity; provided, however, that nothing herein shall deny the right of an official of the city to express his or her views on any issue.
(B) Accepting and/or soliciting campaign contributions for any candidate or Measure Finance Committee or other similar organization in any election or pre-election activity, during working hours, at a city workplace or in the scope of their city employment.
(C) Accepting and/or soliciting contributions for the benefit of a city employee or official for political purposes during working hours, at a city workplace or in the scope of his or her city employment.
(D) This section shall not apply to electioneering communications, provided that no electioneering communications may be sent to a city employee at his or her place of work by leafleting, mail, phone, e-mail or by other electronic communication.
(E) No adverse employment action shall be taken against any employee for reporting to the Board of Ethics and Campaign Practices any violation of this section, including but not limited to direct solicitation.
(Ord. 34-2006)
(a) Any charge of violations of this Code of Ethics shall be brought before the City Clerk. Any private citizen may initiate such a charge in accordance with regulations established by the City Clerk.
(b) Should the Board find, after referral of the complaint from the City Clerk and due hearing, that a violation has occurred, it may make a public reprimand or impose a fine of not to exceed $500 for each violation or do both.
(c) Automatic Fines. Notwithstanding subsection (b) of this section, a failure of an elected official to file a biannual report required in Section 5 of this Code of Ethics or the filing of a false report shall subject the elected official to an automatic fine according to the schedule of fines established in the Rules and Regulations of the Board and a public reprimand. The Board may establish in its Rules and Regulations additional automatic fines for the failure of an elected official to file a report or correct a report after the initial determination by the Board that the elected official failed to file a report or that the report was false. In situations where there is an incomplete filing, the elected official shall be notified by the City Clerk that the biannual report is incomplete. The elected official shall have ten days from the date of notice to complete the biannual report. If the incomplete biannual report is not completed within ten days, the elected official shall be subject to an automatic fine according to the schedule of fines established in the Rules and Regulations of the Board and a public reprimand. If the report is completed within ten days and the Board determines from the face of the filings that any omissions in the report were inadvertent and made in good faith, the Board shall find that there has been no violation. The City Clerk shall issue all automatic fines required in this subsection, subject to the appeal procedures established in the Rules and Regulations of the Board.
(d) In addition to imposing such sanctions, or as an alternative thereto, the Board may recommend to the Council that an appointed or employed official be suspended or removed from office or that an elected official be removed from office.
(e) The Council may, upon the recommendation of the Board of Ethics and Campaign Practices, and after due hearing of the charge, order the suspension or removal of an appointed or employed official, or the removal of an elected official; provided, however, that no official shall be removed or suspended except upon the concurrence of two-thirds of the Councilors qualified to vote thereon.
(f) An appeal may be taken from any findings and action of the Board pursuant to Subparagraph (b) of this Section, and from any order of the Council pursuant to Subparagraph (d) of this Section, to the District Court of the 2nd Judicial District, by filing Notice of Appeal in the said District Court within 5 days of the date of the action or order appealed from, and by filing with said District Court within 30 days a true transcript and record of the proceedings upon which said action or order is based. The hearing in the District Court shall be held on the said transcript and record only, and new testimony shall not be taken.
(Am. Ord. 35-1975; Am. Ord. 24-1981; Am. Ord. 34-2006; Am. Ord. 44-2007; Am. Ord. 2019-030; Amended at a Special Election held in conjunction with a Regular Municipal Election, October 5, 1999, as Question #12.)
(a) The Board or City Clerk may choose to ask for an investigation; to do this, it may temporarily employ or contract with investigators and require investigation by city staff assigned to the Board or by the Office of Inspector General upon acceptance of the complaint, or upon evidence or belief of fraud or a violation of the Charter. The Board or City Clerk shall direct and limit the scope and nature of all such investigations. No such investigation shall be undertaken unless it is specifically authorized and defined by the Board or City Clerk. For the purposes of this section, the term "allegations" means both any formal charges filed with the Board or City Clerk or initiated by the Board or City Clerk and other information raising a substantial question related to compliance with the Code of Ethics, the Open and Ethical Election Code, or the Election Code. Such investigation may relate to violation of the Code of Ethics, the Open and Ethical Election Code, or the Election Code.
(b) In retaining an investigator, the Board of Ethics and Campaign Practices shall not be bound by procedures of the City of Albuquerque which would otherwise apply to selecting a contractor or employee. The Board shall adopt its own procedures, consistent with good administrative practices.
(c) All officials and contractors of the City of Albuquerque shall furnish the Board of Ethics and Campaign Practices or its investigator with requested information and records within their custody which are germane to an investigation authorized by the Board. Officials and contractors may be required to appear as witnesses in hearings concerning ethics or campaign practices charges heard by the Board.
(Ord. 31-1989; Am. Ord. 34-2006; Am. Ord. 2022-042)
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