Inspection of Public Records Act Compliance
Inspection of Public Records Act Compliance
By law, under the Inspection of Public Records Act, NMSA 1978, Section 14-2-1, "every person has the right to inspect public records of this state". This statute applies to all public entities, including the Department of Information Technology (DoIT).
Compliance with requests to inspect public records is an essential function of a representative government and an integral part of the routine duties of the officers and employees of DoIT.
The procedures outlined below are specific to requests received which pertain to DoIT. Requests for records outside of DoIT should be directed to the IPRA custodian of that specific agency.
Requests should be submitted to the records custodian at John F. Simms Building, 715 Alta Vista St., Santa Fe, NM 87501 or via email to doit.ipra@doit.nm.gov.
Request Requirements
A written request must contain the name, address, and telephone number of the person making the request. The request must also describe the records sought in sufficient detail to enable the Records Custodian to identify and locate the requested records.
If a request is made without the above information included, an automatic denial letter will be sent to the requestor with an explanation of the statute and a request to submit a new request with the required information.
Note: While anyone wishing to inspect public records may do so orally or in writing, please be advised that the procedures and penalties prescribed by the Act apply only to written requests.
Response Timeline
The Records Custodian must permit inspection immediately or as soon as practicable, but no later than 15 calendar days after the Records Custodian receives the written request, unless a custodian determines the request to be excessively broad or burdensome and additional time is needed to respond.
If inspection is not permitted within three (3) business days, the requestor will receive a written response explaining when the records will be made available.
If any of the records sought are not available for public inspection, the person making the request is entitled to a written response from the Records Custodian explaining the reasons the inspection has been denied. The written denial shall be delivered or mailed within fifteen (15) calendar days after receiving the request.
Fees
NMSA 1978, Section 14-2-9(C) specifies that a custodian; "(1) may charge a reasonable fee for copies of public records," "(3) may charge the actual costs associated with downloading copies of public records to a computer disk or storage device, including the actual cost of the computer disk or storage device." While DoIT generally provides responsive records via email with no associated cost, any request that generates over 500 pages of responsive records will automatically be given the choice to (1) inspect and print the records on site at $0.05 per page, (2) receive the records on a thumb drive at the actual cost of the thumb drive.
Downloadable Compliance Guides
| Title | Open File |
|---|---|
| Inspection of Public Records Act Compliance Guide and Checklist | Open |
Submitting an OMA and/or IPRA Complaint
If you believe that a governmental entity has violated the Open Meetings Act or IPRA, you may submit a complaint to the Office of the Attorney General.
External Resources
- New Mexico Department of Justice (IPRA Guide)
- Office of the Attorney General – OMA/IPRA (NM Sunshine Laws)
- Financial Disclosure Information