Ethics Complaint Procedure
Filing an Ethics Complaint
Any person may file a complaint alleging violations that a candidate, candidate’s committee, Measure Finance Committee, or any other group has committed a violation of the Election Code, the Code of Ethics, and the Open and Ethical Elections Code, which are collectively referred to as “the Codes”, or the rules promulgated by the Board of Ethics & Campaign Practices (“the Board”) or by the City Clerk (the “Rules”). Complaints must be submitted using the approved complaint form and filed with the Office of the City Clerk via email at cityclerk@cabq.gov.
Scope of Complaints & Investigations
If you believe your complaint falls under the authority of the Board of Ethics, please submit your complaint, to the Office of the City Clerk. Complaints received that are outside the scope of the provisions of the Codes or Rules by the Board or the City Clerk will not be referred to the Board.
Investigations may be initiated by the City Clerk or by an affirmative vote of at least four (4) members of the Board. If the Board or the City Clerk decide to investigate allegations, they may utilize the Office of the Inspector General or City staff assigned to the Board, or they may temporarily contract with a third party to act as an investigator.
Timeframe for Complaint Review
Upon receipt of the complaint, the Clerk will review it to ensure facial sufficiency with three (3) days. If the complaint meets the required criteria below, the City Clerk will refer it to the Board and notify the Respondent. The City Clerk must set an evidentiary hearing within thirty (30) days of the referral but if the hearing date falls within seven (7) days before the election, referred to as the “blackout period,” the City Clerk shall add seven (7) additional days to the hearing date. If the complaint is deficient the City Clerk will notify the complaint and the Board of the deficiencies. The complainant may appeal the City Clerk’s decision within five (5) days.
All complaints require the following:
- The complaint be submitted on the form approved by the City Clerk;
- The complaint alleges the violation occurred within:
- one hundred and twenty (120) day of the date the complaint is filed or that the allegations supporting the charges alleged in the complaint were not public knowledge within that time frame; or
- one (1) year prior to the filing of the complaint, 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;
- Complainant's name, address, and telephone number (anonymous complaints will not be considered facially sufficient and will not be referred to the Board);
- Respondent's name, address, and telephone number;
- If Respondent is a candidate, the office and position sought;
- The complaint names a single Respondent. A complaint cannot be filed against more than one (1) Respondent;
- Whether Complainant has filed this complaint with any law enforcement agency, and if so, which one(s). A copy of any complaints filed with any law enforcement agency must be attached to the complaint;
- A description, in reasonable detail, of the alleged violation, including the section(s) or part(s) of the Codes or Rules of the Board that Complainant believes in good faith to have been violated;
- A certification that, to the best of Complainant's knowledge, information, and belief formed after a reasonable inquiry under the circumstances, each factual contention of the complaint is supported by evidence; and
- Complainant's notarized signature affixed immediately after the certification.
The City Clerk will communicate with both parties by email. However, it is the responsibility of the Complainant, to the best of their knowledge, to provide valid contact information for both parties. The Office of the City Clerk will not investigate contact information for either party.
Settlement Process
At any time after the filing of the complaint, the Respondent may offer to settle the complaint by requesting a settlement conference by email with the City Clerk’s staff. During the settlement conference, the Respondent may provide context where non-compliance may have occurred and may agree to correct the violation or prevent further violations by informal methods. If a settlement is agreed, the City Clerk’s staff shall prepare a proposed settlement agreement and submit it to the Board. The Respondent must approve of any settlement offer within ten (10) days of receipt and any offer not accepted within that timeframe is automatically withdrawn
Once the Board receives notice of a proposed settlement agreement from the City Clerk, the Board must meet to determine if they accept the agreement. The initial hearing date will be maintained if the agreement is not accepted. The Respondent must attend the hearing to confirm the acceptance of any remedial measures to be taken and any proposed sanctions. The consent order by the Board will be the final, conclusive decision.
All documents submitted with or pertaining to a complaint are subject to inspection under the New Mexico Inspection of Public Records Act.