NMAGO 03-01.

• Case Date: January 15, 2003
• Court: New Mexico

New Mexico Attorney General Opinions 2003. NMAGO 03-01. January 15, 2003OPINION OF PATRICIA A. MADRID Opinion No. 03-01BY: Zachary Shandler Assistant Attorney GeneralTO: Honorable Ray Begaye State Representative P.O. Box 609 Shiprock, NM 87420 QUESTIONS: Can a nonprofit entity that has a state legislator as an employee enter into a contract with the state? Can a state legislator simultaneously receive legislative per diem and a salary from his private employer? Can a state legislator vote on a bill that may benefit his private employer?CONCLUSIONS: A private entity, either for-profit or nonprofit, that has a state legislator within its organization may enter into a contract with the State provided the contracting process is conducted in accordance with constitutional and statutory requirements. A legislator who complies with legislative rules is entitled to receive his legislative per diem. His private sector employer is free to determine whether it should also compensate him for that day's work. A legislator should follow the Governmental Conduct Act, NMSA 1978, Sections 10-6-1 to -18, and his legislative body's code of ethics in deciding when it is proper to vote or abstain on a matter in front of the body. FACTS: State Representative Ray Begaye became the full time Chief Professional Officer for the Boys & Girls Club of the Navajo Nation in 2002. The entity is a nonprofit organization that has the opportunity to contract with federal and state governments. ANALYSIS: There are two rules of statutory construction that apply to this matter. First, a "statute, together with other statutes in pari materia, must be read together to ascertain the legislative intent." Roth v. Thompson, 113 N.M. 331, 334, 825 P.2d 1241 (1992). Second, "the plain meaning rule does not require a wooden interpretation of all statutory language." Sims v. Sims, 122 N.M. 618, 622, 930 P.2d 153 (1996). There are three relevant constitutional and statutory provisions. [N]or shall any member of the legislature during the term for which he was elected nor within one year thereafter, be interested directly or indirectly in any contract with the state or any municipality thereof, which was authorized by any law passed during such term. N.M. Const. art. IV, § 28. A state agency shall not enter into any procurement contract for services...