LAS CRUCES — Complying with a ruling from Third Judicial District Court Judge James T. Martin, the City of Las Cruces has released unlawfully withheld public records and provided a written description of other withheld records and passages redacted.
The case was brought by Attorney Peter Goodman on behalf of Michael L. Hays when the City of Las Cruces failed to comply with a request from Hays to inspect records under the Inspection of Public Records Act. The lawsuit claimed the City unlawfully withheld records and redacted portions of records without proper explanation, in violation of IPRA. IPRA specifically provides that a public body must provide a written explanation of any records it denies inspection of, including identifying the name and title of the person responsible for the denial.
Hays first requested the records in June 2023. Martin ordered the city to provide all responsive and non-privileged documents sought by Hays, and to provide a written description of the withheld records as required by statute. Following the City’s compliance with the Court’s order, the parties negotiated a resolution of the case, and in accordance with that resolution, Martin awarded a total of almost $95,000 in fees and penalties, including $85 per day, for a total of almost $22,000 in penalties for noncompliance, and more than $73,000 in attorney fees.
By Melanie J. Majors, Executive Director of the New Mexico Foundation for Open Government
