IAL 090808.

• Case Date: September 08, 2008
• Court: New Mexico

New Mexico Attorney Gen eral Opinions 2008. IAL 090808. September 8, 2008IAL 090808Mark A. Duran, ChairmanNew Mexico Information Technology Commission4 Tiwa Trail Placitas, NM 87043 Re: Opinion Request - Possible Conflict of InterestDear Mr. Duran: You have requested an Attorney General's opinion concerning any possible conflict of interest that may arise in your capacity as chairman of the New Mexico Information Technology Commission ("ITC"), given your status as a government relations consultant under contract with Northrop Grumann, Inc. ("NGI"), which does business with the state and at times bids on state information technology projects. We conclude, based on relevant New Mexico constitutional, statutory and case law authorities, that the ITC now performs a more global, long-range role than it did in the past and the performance of your duties on the ITC while a contractor with NGI would not constitute a conflict of interest. Under prior statute, the ITC was responsible for promulgating rules to delineate the state information architecture as a framework for the state information technology strategic plan, and those necessary for the administration of the then-current information technology act and the conduct of the Office of the chief information officer. It was also tasked with establishing policies, procedures and rules to ensure compliance with criteria it established for information technology projects; how funding was released; completion of each phase, and; identification of specific deliverables. See NMSA 1978, § 15-1C-5(A), (B) and (H) (2003, repealed 2007). Now, all of these responsibilities have been reassigned to the Department of Information Technology and its Secretary, acting as the chief information officer, under the Department of Information Technology Act (NMSA 1978, §§ 9-27-1 through 11 (2007, as amended 2008, hereinafter the "DIT" Act). It is now the Secretary who is in charge of the day to day operations of the Department and who is responsible for information technology activities within state government. See NMSA 1978, § 9-27-6(A)(2007). The Secretary, acting as chief information officer, must, among other duties, promulgate rules for oversight of information technology procurement; approve all executive agency requests for proposals and contract vendor requests subject to the...