Tag Archives: New Mexico Foundation for Open Government

Public records access not so cut-and-dried

This one baffles me.

New Mexico Gov. Susana Martinez, a Republican, is saying that attempts to secure release of public records relating to her travel expenses while serving as governor violate the U.S. Constitution.

http://www.santafenewmexican.com/news/local_news/governor-enforcing-public-records-law-unconstitutional/article_9c112dd6-c704-5d0c-b7e8-717c4a02f0d9.html

News organizations in New Mexico have been trying for some time to obtain those records because of questions raised about expenses incurred by Martinez’s staff and family members. They contend the governor is violating the state public information act by refusing the release the records.

Here’s how the Santa Fe New Mexican reported the matter this week: “One of the AP’s lawsuits, against Martinez and the Department of Finance and Administration, was over the wire service’s request for copies of Martinez’s work calendars, including travel for political purposes and personal matters. The suit claims the administration provided copies of cellphone logs for the governor and her staff but redacted phone numbers.

“The other suit, against the departments of Public Safety and Finance and Administration, is about a request for expense reports and receipts filed by Martinez’s security detail. Part of the request was for time sheets and other documents indicating when and why officers filed for overtime pay in months leading up to the 2012 presidential election. But the agencies released only aggregate tallies of expenses and overtime.”

Martinez is countering that the U.S. Constitution’s “supremacy clause” supersedes state law and makes the requests for public information, well, invalid.

The New Mexico Foundation for Open Government is understandably — and correctly — upset with Martinez’s claims of constitutional protection against releasing these documents. Susan Boe, head of the FOG, said this: “No court has ever held that IPRA (Inspection of Public Records Act), which is a straightforward access-to-records statute, violates the state or federal constitutions or separation-of-powers principles. We do not believe that any constitutional analysis is required in this case. The only issue is whether IPRA allows the records to be withheld from the public, and we believe that it does not.”

The Associated Press has filed suit to obtain the records, along with various other New Mexico media outlets. So far their efforts have been futile.

I guess the question ought to be this: If the governor has nothing to hide, nothing to keep from public inspection, why doesn’t she just release the records as requested under a clearly defined and legally binding state law, such as IRPA?

Something stinks in Santa Fe.