City pays penalties in public records lawsuit

The city of Las Cruces has handed over public records sought by a Las Cruces resident after a district court judge found the city had violated the state’s Inspection of Public Records Act.

District Judge James Martin ordered the city to release records requested in June 2023 by Michael Hays or provide explanations for redactions and withheld documents as provided under the statute.

According to a July 29 judgment, the parties agreed Hays would be awarded fees and penalties amounting to $94,945, including $21,845 for noncompliance with the law and $73,100 in attorney fees.

In June 2023, according to court documents, Hays submitted a request for public records pertaining to city’s Public Safety Select Committee. The state’s Inspection of Public Records Act requires agencies to provide access to documents no later than 15 calendar days from the request, if not immediately, under most circumstances. If access is not permitted within three business days, the agency must provide a written explanation including when the documents will be made available. Documents may be redacted or excluded from access based on exemptions stated in the statute, which must be cited in the agency’s response.

In his petition, seeking the court to order the city to produce documents that had been withheld or redacted, Hays stated that the city had deemed his request “excessively burdensome or broad,” a determination that allows an agency to take extra time to produce responsive documents. After delays, Hays told the court the documents that were produced were heavily redacted, and some documents excluded, without the explanations required by law. In some cases, Hays complained, the city had made broad claims of attorney-client privilege to redact multiple pages of documents.

"I think this case is further evidence that New Mexico courts take IPRA very seriously,” Hays’ attorney, Peter Goodman, commented. "The litigation was unnecessary and cost the city a lot more than compliance would have done. As a citizen I'm glad it appears that changes in the city administration have left the city more aware of certain aspects of the law and more ready to follow its openness requirements, while still safeguarding actual confidential information.

The most prominent administrative changes were the departure of City Manager Ifo Pili, who was succeeded by Ikani Taumoepeau in April; and city attorney Linda Samples, who left in April and was succeeded by Brad Douglas.

In a comment for the Bulletin, the city stated it was “committed to transparency.”

“We respond to thousands of IPRA requests per year,” the statement continued. “This case included a small number of documents that were arguably overly redacted per IPRA guidelines. When we discovered this, the City voluntarily produced those documents and came to a resolution of this case.”

"I'm glad Mr. Hays pushed for his rights, and hope this litigation will make it easier for other citizens to be treated as the law requires,” Goodman said.

The outcome was applauded by the New Mexico Foundation for Open Government, the nonprofit that advocates for government transparency and compliance with the state’s sunshine laws. Executive Director Melanie Majors said, in the organization’s view, “he best way to ensure the public’s trust is to avoid secrecy.  IPRA is not a set of rigid legal requires, it is a law to protect the public’s right to know.

“This lawsuit proves that indifference to the terms, spirit and intent of our public records laws is not acceptable and carries consequences.”