Statutes > New Mexico Statutes > Chapter 13 - Public Purchases and Property. > Article 1 - Procurement, 13-1-1 through 13-1-199. > Section 13-1-194 - Waivers from contemporaneous employment and unlawful employee participation permitted.

Section 13-1-194 - Waivers from contemporaneous employment and unlawful employee participation permitted.

13-1-194. Waivers from contemporaneous employment and unlawful employee participation permitted.

A state agency or a local public body may grant a waiver from unlawful employee participation pursuant to Section 163 [13-1-190 NMSA 1978] of the Procurement Code, or contemporaneous employment pursuant to Section 166 [13-1-193 NMSA 1978] of the Procurement Code, upon making a determination that:   

A.     the contemporaneous employment or financial interest of the employee has been publicly disclosed;   

B.     the employee will be able to perform his procurement functions without actual or apparent bias or favoritism; and   

C.     the employee participation is in the best interests of the state agency or a local public body.