Next governor can lead by example in transparency issues

“It’s public record. Give it to me.”

That was Gov. Susana Martinez talking to a police dispatcher in December 2015 after hotel employees called in a noise complaint. Many of her critics focused on her slurred speech that night. But Martinez’s demand for what she deemed a public record grabbed the attention of journalists and open records advocates because of her administration’s history of delaying or outright denying public records. When she first ran for governor in 2010, Martinez vowed to be more transparent than her predecessor, Bill Richardson.

UNM to reevaluate IPRA policy after NM Political Report complaint

The University of New Mexico is reevaluating its policy of charging for electronic copies of public records on a per-page basis in response to a reprimand from the New Mexico Attorney General’s Office. In an email to NM Political Report, the school’s Office of University Counsel said the UNM public records custodian is “evaluating the fee structure” for fulfilling requests of electronic records. Associate University Counsel Patrick Hart also wrote that the public records department will suspend the policy and practice of charging $0.38 a page for electronic records through the end of September. The change comes after the state Attorney General’s office issued a determination letter in response to a complaint filed by NM Political Report. NM Political Report filed the complaint after the UNM’s Custodian of Public Records billed $0.38 a page for an electronic file that contained more than 1,600 pages.

UNM fees for public records violate law

The University of New Mexico violated state law when it didn’t properly fulfill records requests from NM Political Report, according to the New Mexico Attorney General’s office. A determination letter from Assistant Attorney General John Kreienkamp, in response to a complaint filed by NM Political Report, cited two violations of the state’s Inspection of Public Records Act (IPRA). In one instance, the university failed to provide records in the statutorily required amount of time. In another instance, the AG’s office determined that UNM violated state law by charging $0.38 per page to transfer more than 1,600 pages in a single electronic file. “Based on our review of the evidence and applicable laws, we conclude that the University’s proposed fees violated IPRA,” Kreienkamp wrote.

State tries to keep $2.5 million Corrections Dept. settlement under wrap

After almost two years of legal battles, the State of New Mexico agreed to settle a lawsuit filed against its Corrections Department. In 2015, six female employees at the state prison in Los Lunas sued the department, saying some of their male supervisors assaulted and sexually harassed them. The six women collectively received $2.5 million according to the settlement agreement signed in January. Their attorney, Laura Schauer Ives, said the women sued the Central New Mexico Correctional Facility to shed light on what they called a culture of demeaning female corrections officers. The 140-page lawsuit alleged a history of aggressively sexual comments and crass words directed at female officers.

UNM pays $800K in settlement, still secretive on other details

The University of New Mexico paid out nearly $1 million to a former medical resident who accused medical school administrators of retaliating against her for reporting she was raped by a male resident. NM Political Report obtained the settlement agreement this week, nearly nine months after the case went to trial. The agreement, obtained by NM Political Report through a public records request, sheds some light on why the school settled with former University of New Mexico Health Sciences Center anesthesiology resident Cynthia Herald. But other specifics, like how much of the $800,000 settlement came from the school and how much from the state or what prompted the school to settle, remain murky at best. Herald now lives in Michigan, advocating for victims of sexual abuse and hopes to start a psychiatric residency program soon, according to her lawyer, Randi McGinn.

State law encourages secret payouts

Before Cynthia Herald left the Bernalillo County courthouse last November she told reporters that she was relieved to finally gain closure on an ordeal with the University of New Mexico that lasted more than half a decade. Herald sued the university’s medical school, claiming she was wrongfully dismissed from a residency program and settled before closing arguments. The terms of the settlement were, by state law, temporarily shielded from public scrutiny. That meant the public couldn’t see the total amount UNM agreed to pay, including how much money was to come from the medical school’s anesthesiology department and how much from the state’s Risk Management Division. Seven months later, the University still won’t release that information and cites the same law.

Lawsuit: AG violated open records law

An Alamogordo resident filed an open records lawsuit against the New Mexico Office of the Attorney General Friday, alleging the office illegally redacted portions of legal invoices related to a U.S. Supreme Court case. Open records activist Wendy Irby filed the suit after she received significantly-redacted billing records for a contract between the Attorney General’s office and an Albuquerque law firm well-known in the state legal world for government contracts. According to court records, Irby asked the AG’s office for billing information from Robles, Rael and Anaya P.C. related to Texas v. New Mexico and Colorado, a case about the states’ water use and sharing. The private law firm argued the case on behalf of the AG’s office. Irby’s lawsuit says Attorney General Hector Balderas and his records custodian violated the New Mexico Inspection of Public Records Act (IPRA) by blacking out billing specifics from Robles Rael & Anaya.

Judge: Guv’s office ignoring open records request violated law, but ignoring questions didn’t

A New Mexico district judge ruled Wednesday that Gov. Susana Martinez’s office violated the state’s public records law, but did not break the law when ignoring or refusing interview requests with a Santa Fe newspaper. The Santa Fe Reporter was first to report on the decision from Santa Fe Pro Tem District Judge Sarah Singleton. Singleton ruled that the governor’s office violated the state Inspection of Public Records Act (IPRA) three times by failing to respond or responding late to public records requests. But, Singleton ruled that the governor and her staff did not violate the U.S. Constitution by refusing to speak to or answer questions from Reporter staffers. She not only said existing case law does not support the paper’s arguments, but that the paper’s questions aimed at the governor’s office “were not comparable to the mundane requests made by other newspaper.”

“The Reporter was requesting special treatment,” Singleton wrote.

State faces new open records suit over pay to guv’s favored attorney

A lawsuit filed Thursday afternoon in Santa Fe District Court aims to uncover how much New Mexico taxpayers shelled out for a private attorney to represent Gov. Susana Martinez’s office in a number of court cases. Journalist Jeff Proctor* filed the lawsuit against the state’s General Services Department (GSD) for not releasing attorney Paul Kennedy’s invoices for his public work, claiming the department failed to comply with the state’s Inspection of Public Records Act (IPRA). The suit calls for the state to release specific invoices and bills that show how much the state has paid Kennedy to represent Martinez as contract counsel in several cases. In addition to retaining Kennedy, Martinez also has access to four state employed legal staff, whose combined salaries total $341,850. The lawsuit states by not releasing Kennedy’s billing records GSD not only violated the open records law, “but also offend the spirit and intent of the law governing matters of public concern.”

That spirit of the law, said Proctor’s lawyer Frank Davis, “is to make sure we have an informed electorate.”

“We need to know where dollars are being spent,” Davis said.

APS faces public records suit from mother of student

More than a year after Albuquerque Public Schools denied her public records requests related to an incident involving her autistic son, Laura Gutierrez is taking the state’s biggest public school district to court. Her lawsuit, filed last month in Albuquerque’s state district court, alleges APS wrongly withheld public records responsive to requests she made in late 2015. She is asking for the school district to release the records and pay damages for violating the state’s Inspection of Public Records Act (IPRA). Under IPRA, public agencies can be fined up to $100 per day in damages for not fulfilling public records requests if the person who brings the suit can prove damages. “I have decisions I need to make as a parent, and without these records I can’t move forward,” Gutierrez said in an interview.