Sometimes, when a reporter or member of the public makes a request for public documents under the New Mexico Inspection of Public Records Act, they get caught up in getting an actual copy of the records. While copies of records – whether paper or electronic – is the gold standard, it’s important to remember the “I” in IPRA.
When a records custodian receives a written IPRA request, the law says they “shall permit the INSPECTION immediately or as soon as is practicable under the circumstances.”
Now, there are a couple of other key time factors to remember as well. A records custodian has three days to reply, in writing, to let a requester know when those records will be made available.
In that three-day letter, some public bodies will drag their heels and tell you the records will be available in 15 days, the maximum amount of time typically given to satisfy a request. Push back and remind them of the inspection part of the law.
In your request, include that inspection is permitted immediately or as soon as possible. Reporters have had success going to a government office to inspect a record or document they know exists, such as a contract a governing body approved at a meeting a few days ago. There is absolutely no reason a document such as that should be delayed 15 days; it’s right there for inspection.
Once you are inspecting the records, feel free to make your own copies with a camera, portable scanner or smartphone app. While an employee of the agency can watch over you while you inspect the records, they cannot prevent you from making your own “copies.” Don’t let them tell you otherwise.
“Inspection must be allowed no later than 15 calendar days after the custodian receives the request, unless, as discussed later in Chapter IX, the request has been determined to be excessively burdensome or broad.”
So just what does “excessively burdensome or broad” mean? This is not a denial of records, though some custodians will try to use it as one.
What “excessively burdensome” typically means is the custodian will need more than the allotted 15 days to gather the records. Depending on how old the records are, for example, gathering them and making copies or scans might take a while. If you’ve asked for payroll records from the 1990s and assuming they still exist, someone will most likely have to trek down to a basement or out to a storage unit and literally dig through boxes of records.
If an agency says it needs more time, ask them why specifically. Sometimes it’s boxes in a poorly ventilated basement. Other times, the IT person might be on vacation. Keep in mind, with smaller agencies, there’s often only one person who knows where things are or how to use certain systems. Not the most efficient way to run a government, but remember – they probably don’t like it any more than you do.
Just because it’s a lot of heavy lifting for them doesn’t mean you don’t get your records.
Sometimes a records request can be too “broad.” If you ask a county for all it’s records pertaining to the sheriff’s office, you probably won’t be met with success. Do you want the policy manuals? Budget? An inventory of all the badges and bullets?
Have a specific focus for your request. The sheriff’s office payroll records and budget for a certain fiscal year can be very interesting information and it’s specific enough, there isn’t a way for them to say no.
Public records can include information that is shielded from disclosure, like social security numbers. If that is the case, remember that doesn’t exempt the entire document or file from being public. A custodian can redact a document or remove the exempt information from the file before turning over the rest, so you might have to remind them of that fact.
Also in regards to redactions, if you receive a document that has been heavily redacted and it seems unnecessary, push back on the agency and ask for the legal justification for withholding the information.
A copy of the IPRA Compliance Guide is available here. It gives more details on the various types of records that are and aren’t subject to IPRA, as well as sample request letters – which can also be sent via email – as well as a slew of other information.
