Foundation, Santa Fe New Mexican sue metropolis over police information refusal
The time to offer the information was months in the past — Kathi Bearden, president, FOG board of administrators
The New Mexico Foundation for Open Government (FOG) and The Santa Fe New Mexican on Monday filed a grievance in opposition to the City of Rio Rancho in thirteenth Judicial District Court.
The grievance filed to implement the New Mexico Inspection of Public Records Act (IPRA) alleges that the City of Rio Rancho wrongfully shielded from public view police studies and 911 audio and transcripts stemming from the taking pictures dying of 2-year-old Lincoln Harmon, son of Santa Fe police officer Jonathan Harmon, in his Rio Rancho house final December.
In response to requests made by The Santa Fe New Mexican, FOG and different information organizations, Rio Rancho City Attorney Greg Lauer issued what constituted to a blanket denial of the information, citing the Children’s Code, a piece of regulation designed to maintain confidential sure info held by the Children, Youth and Families Department.
Last week, an IPRA willpower letter issued by the New Mexico Office of the Attorney General said the information had been improperly denied and must be launched. Lauer, in an e-mail, refused to contemplate making the information public and insisted a brand new request be filed within the matter.
A spokesperson for Rio Rancho later advised information might probably be made out there.
After submitting a second request, FOG acquired a response from town that additional time could be required to answer the request. The Santa Fe New Mexican had initially requested information on Dec. 13, 2021, and FOG submitted a mirror IPRA on Jan. 14, 2022.
“FOG appreciates Attorney General (Hector) Balderas taking decisive action in this matter, and we’re glad he contends, as does FOG, that the records never should have been kept secret in this case,” stated Kathi Bearden, president of the FOG board of administrators.
“Rio Rancho should have handed over records immediately after receiving the letter,” Bearden stated. “The time to provide the records was months ago.”
The City of Rio Rancho couldn’t be instantly reached for remark. If a remark is offered, this story will probably be up to date at the moment.
The authorized grievance FOG filed right now states: “The asserted justification for wholesale denial of the records requests at issue here was plainly erroneous as a matter of law. Should it go uncorrected by a court in this widely publicized case, it threatens to curtain from public view vast swaths of previously public information at the intersection of public safety and child welfare.”
In truth, in lots of different high-profile tragic baby dying instances, information had been routinely launched.
The grievance notes, “… the shocking deaths of Omaree Varela, Victoria Martens, Jeremiah Valencia, and other children at the hands of their parents or their parents’ associates have shone a spotlight on the ways in which police departments and child welfare agencies have failed to protect New Mexico’s most precious resource. We know about them because law enforcement officials have responsibly released investigative reports, lapel-camera video, and other information…”
Shannon Kunkel
FOG’s govt director, Shannon Kunkel, stated it’s disappointing that town is not going to voluntarily adjust to the regulation.
“In instances like these, where government agencies dig in their heels and refuse to obey the law, filing in court is the best recourse,” she stated.
FOG elected to file go well with upon the unanimous consent of its 27-member board of administrators, following the advice of its authorized panel, comprised of pro-bono attorneys, and its govt committee.
Co-plaintiffs The New Mexico Foundation for Open Government and The Santa Fe New Mexican are represented by Charles “Kip” Purcell of Rodey, Dickason, Sloan, Akin & Robb, P. A., an freelancertamal-based regulation agency. Purcell additionally serves on the FOG board of administrators as a member of its govt committee.
