Latest news with #NewMexicoInspectionofPublicRecordsAct
Yahoo
9 hours ago
- Yahoo
State withheld records in Rio Arriba sheriff death investigation
The New Mexico Department of Public Safety took 42 days — far beyond the 15 days allowed by state statute — to release information this week about the mysterious April death of Rio Arriba County Sheriff Billy Merrifield. Forensic pathologists reported May 15 that Merrifield's Easter morning death was due to the toxic effects of fentanyl and alcohol. Other questions remained unanswered, including whether the sheriff knowingly consumed fentanyl and where he may have obtained it. In the days after Merrifield was found dead in his patrol car April 20, The New Mexican filed a public records request for related police reports and other information. At first, the Department of Public Safety refused to release additional records. Next, it described the request as burdensome, buying the agency more time. After additional complaints from The New Mexican, it released a batch of investigative reports Thursday evening — 42 days after receiving the request. Those records — 105 pages of reports, photos and other documents — show the agency's investigators have not yet determined how Merrifield ingested the fatal dose of fentanyl that caused his death, along with alcohol. The recent secrecy over Merrifield's death reflects a pattern of slow-walked disclosure of public records like state police reports and lapel camera footage, shielding public information on homicides, crashes, police shootings around the state and other public safety-related incidents. The department's initial decision to withhold police reports from the investigation — as well as documents in another unrelated case — appears to have potentially run afoul of state public records laws and a Supreme Court ruling in recent years. Department of Public Safety spokesperson Herman Lovato declined to respond to some questions about the matter in an email Friday, but he wrote each request through the New Mexico Inspection of Public Records Act 'is addressed individually' by department staff. 'If it involves an active or ongoing investigation, records that are complete will be produced if not subject to an exception, even on an active or ongoing investigation,' Lovato wrote. 'If the records have not been completed because of an active or ongoing investigation, they may be temporarily withheld until completed.' He wrote the department's process 'aligns with New Mexico Supreme Court precedent and the requirements of IPRA.' However, the department's written reason for denying a recent request for state police reports tied to Merrifield's death did not appear consistent with the process Lovato described. In response to a request from The New Mexican seeking reports on Merrifield's death, a staff member at the department's records division wrote in early May, 'this is still a active/on going investigation and I was not given the approval to release the documents as they are still being [processed].' About two weeks later, the department's reasoning changed, with a different staffer writing the request for reports was 'overburdensome.' The records were finally released Thursday after The New Mexican submitted a complaint concerning an alleged violation of the Inspection of Public Records Act to the Department of Justice — and after sending emailed questions about the records request to officials that day. Advocate: Court ruling 'clear' Christine Barber, the executive director of New Mexico Foundation for Open Government, said in an interview the department's initial denial of the request appeared to potentially violate a state Supreme Court ruling a few years ago on the specific topic of records in active law enforcement investigations. The ruling came as a result of a lawsuit brought by Andrew Jones against the Department of Public Safety, which had denied his request for records related to a state police investigation into the fatal shooting of his brother by Albuquerque police officers. Barber said the 2020 ruling was clear, holding that 'the status of a criminal investigation as 'ongoing' does not serve to exempt public records related to the investigation from inspection under [the Inspection of Public Records Act].' 'Sometimes government agencies need to be reminded of the law,' Barber said, noting past litigation between the Foundation for Open Government and the Department of Public Safety. In a 2007 settlement between the department, the foundation and several news publications — including The New Mexican — department officials agreed to provide records like incident reports within the 15-day timeline required by state law. An attorney for the government transparency group said at least one other journalist reported receiving a similar response recently when requesting the reports on Merrifield's death, but she added she did not recall other recent instances of state law enforcement agencies explicitly citing an open investigation as the reason for denying or delaying the production of records. The Department of Public Safety cited the Supreme Court's decision in a letter denying a different request from The New Mexican earlier this year for an incident report in a different death investigation. In the letter, staff acknowledged the court ruling stated exemptions to public records law 'cannot be interpreted so broadly as to withhold records simply due to the existence of an ongoing investigation.' The letter described exemptions that allow for redactions of parts of records, like names of potential subjects and informants, and ultimately stated the agency would withhold the entire report. 'Once the investigation is closed and no longer subject to these legal restrictions, certain records may become available for inspection,' the letter states. Weeks to fulfill requests While records are not usually withheld outright by the Department of Public Safety, it often takes several months to disclose reports from an investigation. In the past two years, The New Mexican has submitted at least 24 requests to the Department of Public Safety seeking reports or other documents such as the agency's written policies, lists of employees or financial data — not including requests for records like police lapel camera footage. The department provided the requested records in an average timeframe of more than two months per request. A little more than half of the requests for police reports or other documents were deemed 'broad' or 'burdensome' by the department's record staff, which allows for delays longer than 15 days. As of Friday, records have not been provided in response to two of the requests. Department of Justice spokesperson Lauren Rodriguez said attorneys from the division that investigate public records complaints had contacted the Department of Public Safety earlier this week regarding the complaint from The New Mexican. The investigators — after being assigned a complaint — usually contact the government agency in question to obtain more information, she said. They are trying to determine if there is actually noncompliance as well as whether the agency's staff knew their actions were out of compliance and whether they acted purposely in denying or delaying a records request. Apart from the complaint submitted against the Department of Public Safety by The New Mexican, the department has been the subject of one other records-related complaint so far this year to the Department of Justice, Rodriguez said. Gov. Michelle Lujan Grisham's office did not respond to an email seeking comment on the Department of Public Safety's practices concerning the release of public records. Lujan Grisham stood behind the department when asked about the issue last year, with a spokesperson writing the governor 'defers to law enforcement authorities to determine when the release of information is appropriate based on the status of ongoing investigations, notification of next of kin, etc.'
Yahoo
20-05-2025
- Automotive
- Yahoo
New Mexico's Motor Vehicle Division says vanity plate records request 2HARD
Sorry, New Mexico, but if you're trying to do a vanity plate public records deep dive, UR SOL. While other states are able to provide the public a record of personalized license plates that have been rejected after being deemed derogatory, obscene or some other reason, New Mexico claims the undertaking is almost MPOSIBL. The New Mexican in March requested all applications for personalized, vanity or prestige license plates that have been rejected by the Motor Vehicle Division since 2020 under the New Mexico Inspection of Public Records Act. The newspaper offered the division the option of providing a list of rejected license plates rather than each individual application to speed up the process and reduce its workload. The New Mexico Taxation and Revenue Department, which oversees the division, closed the request the next day, claiming it had reviewed its files and determined "there are no responsive documents." "Rejections are done on a case by case basis," the department's Legal Service Bureau wrote in its denial letter. "You are requesting information which we have determined does not currently exist and would, therefore, require TRD to create a new public record," the letter added. "We are, therefore, unable to provide for the inspection of the records that would include the information that you have requested." The records actually exist; the department just doesn't keep track of them. "MVD's license plate application records are maintained by the customer's name or identifier," spokesperson Bobbie Marquez wrote in an email in April. "Once we have their information, staff can go to their file and locate the application in question." In other words, the newspaper — or the public — would have to know the name of each person who filed an application that was rejected in order to obtain the information. "Once the application has been processed, it goes to that specific person or vehicle," Kelly Kitzman, the department's general counsel, said in an interview last month. "We can't locate it unless we have that person's name to be able to locate it. ... We can't just go to a file and find everything." The information isn't unavailable but attached to an individual's name, she said. "So, if you know, for instance, Jane Smith filed an application that we rejected, we could look it up according to Jane Smith's name," Kitzman said. "But we can't just look up all rejected applications." Other states, however, are able to provide the information upon request. "In Texas, you can receive a list of denied personalized license plate patterns by submitting a records request through our Open Records Portal," Adam Shaivitz, a spokesperson for the Texas Department of Motor Vehicles, wrote in an email Monday. "A previously released list from January–November 2024 is readily available," he added. "You can access this list by clicking on the Trending Topics box in the portal. If you need data from more recent months, please submit your request through the portal and specify which month(s)/year(s) you are seeking." Texas denied more than 2,300 personalized license plates between January and November 2024. They include BTCHWGON, IM BLZD, LITTLPP and TOPLUSS. Arizona's transportation department on Monday provided documents listing the rejected vanity plates by year, with MYFBOMB and KISSASH making the list. Earlier this year, Bridge Michigan, which describes itself as Michigan's nonpartisan, nonprofit news source, reported it had obtained a list of rejected personalized license plates through a public records request under the Freedom of Information Act. "The department doesn't track denials by year, but rather adds them to a continuously growing list," the outlet reported. "Plates are generally rejected for reasons such as vulgarity, references to bodily functions, or the use of curse words," it added. "Other reasons for rejection include references to drugs, alcohol, criminal activity, or harmful slurs. The list of banned plates runs the gamut from 'ADULTRY' to 'WEEDMAN' and just about everything in between." New Mexico has similar rejection rules. A so-called prestige plate application will be rejected if it is deemed to be derogatory or obscene, falsely states or implies the vehicle or driver represents the authority of a governmental agency or official or duplicates an existing plate. But a word of advice to New Mexicans: GOODLUK finding out if it already exists. Marquez said in a statement Monday the Taxation and Revenue Department and the MVD take the utmost care in complying with the Inspection of Public Records Act. "However, we are not able to fulfill your request in its current form, as your request results in no responsive records," she said. Marquez noted IPRA does not require a public body to create a new public record. "A member of the public may request to inspect a prestige plate application under the name of an individual, and MVD would produce the responsive application after redacting personal information that is confidential pursuant to state law," she said. "A member of the public may also request an individual's unredacted prestige plate application by providing the individual's name and a signed authorization from that individual."
Yahoo
27-01-2025
- Yahoo
'It's dystopian': Suit says state failed to provide records after fatal shooting by Santa Fe police
Consuelo Contreras got a call from a detective Sept. 4, the day her brother was shot by Santa Fe police officers in the parking lot of a Cerrillos Road gas station amid a mental health crisis. The detective told her Jesus Rafael Contreras, 41, was recovering in a local hospital and would be fine, according to her attorney, Laura Ives. She continued making phone calls for the next few weeks, seeking more information about her brother's condition and the circumstances surrounding the shooting, but she repeatedly was told to call someone else. Then she received a call from a doctor Sept. 19, about 30 minutes before her brother died, informing her nothing more could be done for Jesus Contreras, Ives said in an interview. Consuelo Contreras, who lives in California, continued seeking the details of her brother's death, submitting requests for public records on the New Mexico State Police investigation into the shooting. So far, she has received nothing in response to the request, she says in a new lawsuit. She filed the complaint in state District Court last week, accusing the New Mexico Department of Public Safety, which oversees state police, of withholding records related to her brother's death, in violation of the New Mexico Inspection of Public Records Act. She asks the court to order the department to produce the records immediately and pay $100 per day for withholding them, as allowed under the law. Her complaint spotlights a common problem for members of the public and news media alike when it comes to obtaining public records and information from state police and the Department of Public Safety — as well as other government agencies — despite the state law outlining required time frames for when government entities in the state must provide requested records. 'It's dystopian,' Ives said in a phone interview Friday, 'the thought of the government killing a loved one and you don't get to find out how or why.' No answer for record delays Consuelo Contreras' complaint says she filed a request for records through the state agency's online portal Sept. 23, four days after her brother died, 'in an effort to better understand the circumstances surrounding the fatal shooting of Jesus and assess whether to file a lawsuit against the City of Santa Fe.' The request sought all audio and video recordings connected with the shooting, as well as written statements, reports, audio recordings of her brother's 911 calls, police dispatch records, witness statements, photos and notes and any disciplinary complaints against the officers involved, the complaint states. The state agency acknowledged her request Sept. 23 and said it would produce the records within 15 days but didn't do so, the suit alleges. Instead, the agency informed her Oct. 8 it had deemed her request burdensome and would need until Nov. 8 to produce the records. The department extended the deadline again in November, December and January, according to Contreras' complaint but never produced any of the records and stopped responding to her inquiries. As of Tuesday, the complaint says, 'the agency had yet to produce any records, 'or offer any explanation why production has yet to occur.' A Department of Public Safety spokesperson declined to comment on Contreras' allegations. 'This is a sad and tragic situation that is difficult for families,' spokesperson Herman Lovato wrote in an email. 'Unfortunately, we cannot comment on pending litigation.' A spokesperson for Gov. Michelle Lujan Grisham asserted Friday the governor 'expects all state agencies to provide timely responses to requests for public information and to provide that information as required under IPRA law.' However, Michael Coleman did not comment specifically on the allegations in the lawsuit. He wrote in an email Friday he would need more time to provide a substantive response on behalf of Lujan Grisham's office. 'I can say this, though: Gov. Lujan Grisham is certainly committed to transparency,' Coleman wrote. He added, 'She defers to law enforcement experts to handle law enforcement matters, including investigations and the public release of related information.' Slow to announce death Jesus Contreras had made several 911 calls Sept. 4, reporting to dispatchers he was armed and suicidal, Santa Fe police said in an arrest warrant affidavit charging him with two counts of assault on a peace officer. Officers encountered him in an Allsup's parking lot around 9:30 p.m., the affidavit said. He was sitting in his vehicle. Police used a bullhorn to encourage him to get out of the vehicle, according to the affidavit, but the window of his vehicle was open only slightly, and they couldn't clearly hear his responses. Eventually, he got out of the vehicle and pointed a revolver at police, the affidavit alleged, adding several officers fired at him, and he fell to the pavement, wounded. Contreras was taken to Christus St. Vincent Regional Medical Center for treatment. Santa Fe police Deputy Chief Ben Valdez wrote in an email Sept. 5 he was in 'stable, but critical condition' at the time. Santa Fe police did not inform the public Contreras had died until Oct. 25, when the agency named the officers who had fired at him. Midway through the statement was news of his death: 'Mr. Contreras succumbed to his injuries on September 19, 2024,' it said. 'Officers gave Mr. Contreras commands to get out of the vehicle unarmed,' the statement said, adding, 'He exited the vehicle armed with a firearm.' Three officers — Sgt. Charles Laramie, Officer Rachel Cortez and Officer Mitchell Torres — fired their weapons toward Contreras, 'striking him at least once.' No officers were injured during the incident. However police filed charges against Contreras, accusing him of assault on a peace officer. Valdez referred questions last week about how many bullets had struck Contreras to state police. Asked why the city department didn't notify the community of Contreras' death until more than month after he died, Valdez wrote in an email, 'I apologize for the delayed notification on the passing of Mr. Contreras, I will work with our department staff to avoid delays in the future.' Irrelevant records The New Mexican submitted a request in September to the city of Santa Fe for officers' lapel camera videos from the incident that led to Contreras' death. The city said the request was burdensome and extended the deadline to provide them four times before some of the videos were released Jan. 6. None of the 18 videos released in response to the request — with 26 more still to come, according to records custodians — shows officers shooting Contreras. Rather, the clips show what officers were doing before and after the shooting. One shows an officer en route to the scene, siren blaring, having a discussion over the radio about scheduling. Another shows officers chatting in the parking lot after the shooting. There is footage of officers putting on personal protective gear at Christus St. Vincent, and a clip of an officer entering the hospital room where Contreras lay in a bed — unconscious, intubated and covered only by a sheet. The officer snapped photos of Contreras' body with a cellphone. It remains unclear whether state police have completed an investigation into the incident. Spokesperson Ray Wilson said Friday he would check with investigators to see if the case file regarding the fatal shooting of Contreras was forwarded to the District Attorney's Office for review to determine whether it was a justified police shooting. However, he did not provide the information. Neither District Attorney Mary Carmack-Altwies nor her spokesperson, Catherine Lynch, responded to emails asking if the office had received the case. Ives, the attorney representing Consuelo Contreras, wrote in a text message Friday, 'I have unfortunately investigated many instances of law enforcement shooting civilians. This is by far the most difficult time I have had gathering the basic information concerning how and why it happened.' She added, 'The lack of transparency doesn't just impact Jesus's family. Everyone should be concerned when the government conceals its acts.'
