Section 60-2E-11 - Investigation of executive director candidates and employees. - New Mexico Statutes

60-2E-11. Investigation of executive director candidates and employees.

A.     A person who is under consideration in the final selection process for appointment as the executive director shall file a disclosure statement pursuant to the requirements of this section, and the board shall not make an appointment of a person as executive director until a background investigation is completed by the department of public safety and a report is made to the board.   

B.     A person who has reached the final selection process for employment by the executive director shall file a disclosure statement pursuant to the requirements of this section if the executive director or the board has directed the person do so. The person shall not be further considered for employment until a background investigation is completed by the board's law enforcement officers and a report is made to the executive director.   

C.     Forms for the disclosure statements required by this section shall be developed by the board in cooperation with the department of public safety. At least the following information shall be required of a person submitting a statement:   

(1)     a full set of fingerprints made by a law enforcement agency on forms supplied by the board;   

(2)     complete information and details with respect to the person's antecedents, habits, immediate family, character, criminal record, business activities and business associates, covering at least a ten-year period immediately preceding the date of submitting the disclosure statement; and   

(3)     a complete description of any equity interest held in a business connected with the gaming industry.   

D.     In preparing an investigative report, the board's law enforcement officers may request and receive criminal history information from the federal bureau of investigation or any other law enforcement agency or organization. The board's law enforcement officers shall maintain confidentiality regarding information received from a law enforcement agency that may be imposed by the agency as a condition for providing the information to the department, except that the board's law enforcement officers may provide criminal history information and reports to licensees or tribal gaming casinos when conducting background checks on behalf of the licensee or tribal gaming casino.   

E.     A person required to file a disclosure statement shall provide any assistance or information requested by the department of public safety or the board and shall cooperate in any inquiry or investigation.   

F.     If information required to be included in a disclosure statement changes or if information is added after the statement is filed, the person required to file it shall provide that information in writing to the person requesting the investigation. The supplemental information shall be provided within thirty days after the change or addition.   

G.     The board shall not appoint a person as executive director, and the executive director shall not employ a person, if the board or the executive director has reasonable cause to believe that the person has:   

(1)     knowingly misrepresented or omitted a material fact required in a disclosure statement;   

(2)     been convicted of a felony, a gaming-related offense or a crime involving fraud, theft or moral turpitude within ten years immediately preceding the date of submitting a disclosure statement required pursuant to this section;   

(3)     exhibited a history of willful disregard for the gaming laws of this or any other state or the United States; or   

(4)     had a permit or license issued pursuant to the gaming laws of this or any other state or the United States permanently suspended or revoked for cause.   

H.     Both the board and the executive director may exercise absolute discretion in exercising their respective appointing and employing powers.