Inspection of Public Records Act

UNM to reevaluate IPRA policy after NM Political Report complaint

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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.

Inspection of Public Records Act

UNM fees for public records violate law

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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.

Quick Reads

Lawsuit: AG violated open records law

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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.

Environmental Project

NM regulators take up ambitious clean-energy standard

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SANTA FE, N.M. – People who want New Mexico to have its own clean-energy standard are making their case today to the state’s Public Regulation Commission. Supporters say it would help the state determine its role in addressing climate change. The New Mexico Attorney General’s Office and consumer advocates have petitioned the commission to consider the standard in order to reduce carbon dioxide emissions from power plants in the state by 4 percent a year through 2040. While the Trump administration continues to talk about bringing back coal, said Shannon Hughes, an attorney with the group Climate Guardians, New Mexico is going in the opposite direction. “The reality is that American utilities and consumers are moving on from this dirty, expensive fuel,” she said.

Bill Tallman

State Sen, AG step back from solicitation case amid media attention

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A Republican State Senator and criminal defense attorney withdrew from a criminal case last month, citing media attention. She says the attention was solicited by the state Attorney General’s office. In her motion to withdraw, Sen. Lisa Torraco, R-Albuquerque, wrote that Democratic Attorney General Hector Balderas’ office “made false statements to the media” that interfered with her clients right to a fair trial. “The Office of the Attorney General has successfully made Ms. Torraco’s representation of the defendant a media centerpiece and it is impairing the defendant’s opportunity for a fair trial,” Torraco wrote. About a week after Torraco withdrew from the case, the AG’s office itself stepped aside and appointed special prosecutor Mark Drebing, former deputy for Bernalillo County District Attorney Kari Brandenburg (a Democrat).

Lisa Torraco

Lawmaker says AG is retaliating by trying to kick her off case

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A New Mexico state lawmaker is going head to head with the state Attorney General in her private capacity as an attorney. And she thinks it relates back to something from the most recent state legislative session. The Attorney General’s office sought to remove State Sen. Lisa Torraco, R-Albuquerque, from a case in 2nd Judicial District Court. Torraco represents Tyler Danzer in a case where Attorney General Hector Balderas charged Danzer with child solicitation and tampering with evidence. The Attorney General’s office filed a motion last week to remove Torraco from the case, arguing she has a conflict of interest after she advised Danzer to close his email account.

Phil Griego

Griego waives arraignment in criminal trial

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Former New Mexico State Senator Phil Griego successfully waived his arraignment for a criminal trial involving a handful of felonies including bribery and  fraud charges. Griego’s attorney Tom Clark told NM Political Report on Tuesday that a motion to waive the arraignment was filed earlier in the week, acknowledging the charges against the former lawmaker and entering a not-guilty plea. On Wednesday, a spokesman for the New Mexico Attorney General’s office confirmed that Griego waived his right to be formally arraigned. The hearing scheduled for Friday will be vacated. On the last day of the preliminary hearing where District Court Judge Brett Loveless said there was probable cause to move forward on a trial, the judge suggested that Griego did not seem to pose a risk to the public and is not likely to flee the state.

Elections

SOS will not fill legal position

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The New Mexico Secretary of State’s head lawyer left her post last month to practice law in the private sector and at least one advocacy group is unsure about the lack of a replacement. Former Legal Counsel for the Secretary of State Amy Bailey’s last day was June 17. “I have only wonderful things to say about the Secretary and the office as a whole,” Bailey said. “Leaving was bittersweet, but was a life choice for me.”

A spokesman for the office said Bailey’s position will not be filled until a new Secretary is elected in November’s general election. “Secretary Winter has decided to let the next Secretary of State fill this position,” Chief of Staff Ken Ortiz said in a statement.

Quick Reads

Lawmaker who carried legislation to allow sale of state building comes to Griego’s defense

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A state representative seemed to defend the actions of a former state senator who prosecutors say broke the law by benefiting from a real estate deal made possible by legislation. Rep. Jim Trujillo, D-Santa Fe, sponsored the legislation that prosecutors say was pushed—behind the scenes—by former State Senator Phil Griego. Trujillo testified Thursday that Griego asked him to carry legislation that would authorize the sale of a state-owned building, but never thought Griego was being nefarious. When Assistant Attorney General Zach Jones asked Trujillo if he would have carried the legislation knowing that Griego would financially benefit, Trujillo said he would. “Those arrangements are his business not my business,” Trujillo said.

Carlos CIsneros

Legislators, others scheduled to testify in Griego corruption trial

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Prosecutors with the New Mexico Attorney General’s office, a group of legislators, legislative support staff and one journalist are set to testify in the case against former New Mexico State Senator Phil Griego next week. According to a document filed by an attorney for the Legislative Council Service (LCS) earlier this week, 14 legislators and administrative staff who were called to testify are represented by Thomas Hnasko, counsel for LCS. Hnasko told NM Political Report that’s hard to say who if anyone he represents will decline to answer questions based on a speech and debate clause from state law that protects legislators from consequences on actions they make as legislators. He added that he doesn’t foresee many problems with lawmakers answering questions in court. “All legislators want to be as open as possible,” Hnasko said.