New Mexico Ethics Commission dismiss complaint vs legislator

SANTA FE, N.M. (AP) — The New Mexico Ethics Commission has dismissed a complaint against a state lawmaker that accused him of violating the Governmental Conduct Act.

In its ruling, the commission said the allegations of misconduct lacked factual support.

New Mexico Attorney General Hector Balderas filed the complaint in July after state Rep. Daymon Ely asked the state Auditor’s Office to investigate Balderas’ handling of a civil case against a solar company.

The Santa Fe New Mexican reported that the case resulted in a roughly $1.9 million settlement but didn’t compensate many customers.

The newspaper also says Ely, a Democrat who represents Corrales, criticized Balderas for his use of outside counsel and for allowing the solar company to seal records in the case.

Balderas argued Ely violated the Governmental Conduct Act by “attempting to interfere with a law enforcement prosecution” and that Ely misused his legislative authority by threatening to use his position to “constrict the authority of the Attorney General in similarly situated cases.”