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 […]

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.

The records in question were emails to and from high ranking UNM officials and university lawyers, regarding an $800,000 settlement paid to a former UNM medical resident who claimed she was dismissed from her program for reporting to her supervisors that she was raped by a male colleague.

NM Political Report began requesting information regarding the settlement specifics, including related communications in May, about six months after the whistleblower lawsuit was dismissed. After numerous denials from UNM, the university finally provided hundreds of pages for inspection. But, UNM’s record’s officials said, a $586 fee would have to be paid in order to transfer the electronic files. After NM Political Report inspected the mostly redacted records, a UNM records custodian offered 20 printed pages for free, but insisted that the charge would stand for transferring files even if NM Political Report provided its own electronic storage device, such as a USB drive or CD.

According to IPRA, public agencies can charge up to $1.00 per printed page and can also pass on any costs for transferring electronic files to the requester. For instance, if electronic files are too big to transfer through email, an agency can (and many do) charge a requester for the cost of a storage device or disk.

In his letter, Kreienkamp questioned UNM’s policy of charging $0.35 per page regardless of format.

“Even if the policy were appropriate in most cases, it would only be valid in this case if downloading the files actually cost the University $0.35 for each page,” Kreienkamp wrote.

IPRA states that public agencies may charge “actual costs associated with transmitting copies of public records by mail, electronic mail or facsimile,” but “shall not charge a fee for the cost of determining whether any public record is subject to disclosure.”

This wasn’t the first time UNM had tried to charge journalists  to transfer electronic files.

About a week before NM Political Report filed its complaint, the New Mexico Foundation for Open Government wrote a letter to UNM, on behalf of another New Mexico journalist, also regarding fees for electronic copies.

In her letter, New Mexico Foundation for Open Government Executive Director Melanie Majors said charging to transfer electronic pages is “automatically suspect” adding that the only legitimate charge would be for a disk or storage device.

The AG’s office  agreed.

“The University provided no further explanation as to why this $0.35 fee represented its actual costs, although it did acknowledge that ‘ascertaining the costs is a difficult process,’” Kreienkamp wrote.

The AG’s office also found that UNM’s communications with NM Political Report “may not have been entirely compliant with IPRA’s specified timelines.”

IPRA requires records custodians to comply with certain deadlines, like an initial response from the public agency within three days of a request and to fulfill the request within 15 days. The law allows agencies more time for requests that are found to be “broad and burdensome.” But the AG’s office found that UNM not only missed the 15-day deadline by two days, but also failed to provide documents by the university’s self-imposed deadline.

NM Political Report also included in its complaint an instance of UNM redacting, what appeared to be, a public statement approved by UNM officials to be issued to three journalists, including this reporter. The AG’s office stopped short of deeming the redaction an IPRA violation as UNM said it was privileged information in response to both NM Political Report and the AG’s office. Still, the AG’s office implied the explanation was slightly lacking.

“While this response was not particularly enlightening, we have not reviewed the unredacted record, nor have we much evidence as to the circumstances surrounding this record (such as its author or the email’s recipients),” Kreienkamp wrote.

IPRA violations are not considered criminal and a state judge would have to rule that an agency violated the law before monetary damages could be awarded. But in his letter Kreienkamp encouraged UNM to hand over the documents in question at a reasonable cost.

“Accordingly, we would instruct the University to reevaluate its proposed fees in this case and only charge Mr. Lyman its ‘actual costs’ of either downloading or transmitting the requested documents,” Kreienkamp wrote. “It should provide Mr. Lyman with electronic copies of the documents he requested as soon as possible.”

The AG’s office findings were also part of a scathing report on UNM’s history of violating both IPRA and the state’s Open Meetings Act.

[scribd id=388036264 key=key-HtqWCOHgl8lYIQx01LaO mode=scroll]

[scribd id=388036520 key=key-yXTKdglbQ4RMSzkthdiU mode=scroll]

 

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Republican failed state house candidate Solomon Peña is facing more federal charges, this time on a murder-for-hire scheme.  Peña allegedly tried to hire two…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…

GET INVOLVED

© 2023 New Mexico Political Report