Ask the News - Feb. 25

Isn’t it a violation of Clovis city code for an elected official to endorse, campaign, etc. for someone in a political race in town? If so, what is the penalty?

Any Clovis City Code that references what certain people may or may not do in elections deals with city employees, not elected officials according to City Attorney Jared Morris.

The specific ordinance that deals with city employees and elections is City ordinance 2.64.100 that does not apply to elected officials, just “employees” as defined in 2.64.070, according to Morris.

“Furthermore, the statute upon which it is based and upon which it derives its’ authority (Section 3-13-4 NMSA), only gives the City the ability to restrict the political activity of employees, not elected officials,” Morris wrote in an email.

Morris noted he understands “the language and use of the word ‘officer’ in 2.64.100 seems to include elected officials, but I don’t think it does.”

“I am still researching the history of the Ordinance. It was last modified in 1989. I think it may have been based on a statute that uses the words ‘officers’ and ‘employees’ interchangeably (the old Governmental Conduct Act). The current GCA uses those terms interchangeably,” Morris wrote.

Morris also noted as further evidence that he doesn’t think it applies, there would be no possible recourse for an elected official violating this ordinance.

“It doesn’t give the City the ability to do anything to an elected official who was in violation. If an employee violated this ordinance, they could be subject to discipline consistent with the Personnel Policy Manual,” Morris wrote.

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