Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] is to ensure, and it is declared to be the public policy of this state, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. It is the further intent of the legislature, and it is declared to be the public policy of this state, that to provide persons with such information is an essential function of a representative government and an integral part of the routine duties of public officers and employees. History: Laws 1993, ch. 258, § 2. Purpose and intent. — The legislature has clearly and unequivocally indicated that public records are to be made public with the exception of certain confidential information and except as otherwise provided by law. 1958 Op. Att'y Gen. No. 58-197. A state agency is a "person", for purposes of IPRA, and may request public records from other state agencies. — Where the state ethics commission (commission) sent a public records request, pursuant to the Inspection of Public Records Act (IPRA), NMSA 1978, §§ 14-2-1 to -12, to the New Mexico human services department [health care authority department] (department), asking the department to provide copies of certain emails from several named employees, and where the department denied the request claiming that the commission, itself a "public body" for the purposes of IPRA, is not a "person" entitled to make public records requests, the department erred in denying the commission's public records request, because a public body is an "entity," within the definition of "person," § 14-2-6(D), and therefore the plain language of IPRA demonstrates that public bodies can submit public records requests to other public bodies. This reading of the statute is also consistent with IPRA's declared purpose, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. Public Records Requests Made by the State Ethics Comm'n (10/27/21), Att'y Gen. Adv. Ltr. 2021-12.
‹ Prev All New Mexico sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.