State Ethics Commission News:
ALBUQUERQUE — The State Ethics Commission announces that in response to a demand letter, former Colfax County Manager Mary Lou Kern paid the Commission a $500 fine—the amount statutorily available for two violations of Sections 10-16-8(B) and 10-16-8(D) of the Governmental Conduct Act—in exchange for the Commission’s agreement not to file a civil enforcement action against her.
As Colfax County Manager, Kern was personally and substantially involved in the County’s 2022 inmate medical services Request for Proposals (“RFP”) to provide inmate health services at the county detention center. Kern resigned from her position in March 2022, and weeks later began working for Roadrunner Health Services, LLC (“Roadrunner”), where she represented the company in relation to Roadrunner’s submission of a proposal for the County’s RFP.
This representation violated Sections 1016-8(B) and (D) of the Governmental Conduct Act, which prohibits former public employees and officials from representing companies and individuals both on matters on which they worked personally and substantially while in public service and before their former employer within one year of leaving their employment.
Kern and the State Ethics Commission have resolved the matter, with Kern agreeing to comply with the revolving door provisions of the Governmental Conduct Act and paying a $500 civil penalty. This amount represents the statutory maximum for two violations of the statute. The Governmental Conduct Act provides civil penalties in the amount of $250 per violation, for a maximum of $5,000.
“The Governmental Conduct Act’s revolving-door provisions are intended to protect the public interest by prohibiting former government officials and employees from profiting off their public service by later using inside knowledge and connections to the former government employer,” said Caroline “KC” Manierre, special counsel to the Commission. “The Commission’s pursuit of this matter is intended to help deter revolving-door violations by other former government employees in New Mexico.”
The State Ethics Commission is a constitutionally independent state agency that promotes the integrity of state government through the interpretation, enforcement and improvement of New Mexico’s campaign finance, procurement, and governmental conduct laws. For more information about the State Ethics Commission, visit www.sec.state.nm.us.
