Public excluded from public-records task force 

Many cities and counties are pushing the state to reform the law that lets you access public records. Their goal is to reduce their workload — which has, admittedly, become crushing in recent years.

Some of their proposals would limit your access to information about your government. That’s why you must be given a voice as state lawmakers seek a resolution.

Lawmakers recently approved the creation of a task force to study and propose changes to the state’s Inspection of Public Records Act (IPRA). Unfortunately, missing from the task force’s membership are the very folks IPRA is intended to serve — everyday New Mexicans.

The task force, whose job is to study and propose possible reforms, will be composed of eight members: representatives of the state’s Department of Justice, the N.M. Municipal League, the N.M. Association of Counties, the Foundation for Open Government (FOG), the American Civil Liberties Union and the Press Association, plus a defense attorney and a plaintiff’s attorney who have knowledge of IPRA.

I could name at least half a dozen everyday New Mexicans who use IPRA regularly to learn about the government that represents them. It’s absurd to me that the task force won’t include folks like them, especially given what’s at stake.

A critical tool

Other than voting, IPRA is perhaps the most important tool for New Mexicans who want to participate in their democracy. It simply doesn’t make sense that a task force whose mission is reforming that law consists entirely of government officials and special interests.

Yes, even if they’re focused on the public good, transparency and journalism organizations are special interests.

I don’t mean that as a shot at any of the groups the Legislature gave a seat at this table. I’m glad the Foundation for Open Government, ACLU, and Press Association are included. FOG, in particular, helps everyday New Mexicans who have problems accessing public records and will do its best to represent those folks.

But journalists like me, and even folks who work for FOG, do not experience access to public records the same way many residents do. When Doña Ana County has not been responsive in its handling of my requests related to Project Jupiter in recent months, which has happened more than once, I contacted county officials to get a quick resolution.

I don’t believe a New Mexican with less influence and knowledge of IPRA would get the same responsiveness. The law should be written to accommodate folks like that, not me.

Protecting access

A focus on everyday New Mexicans is written into IPRA, which states, “a representative government is dependent upon an informed electorate.” It makes clear that “all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees.”

The act declares that providing public information to the public is “an essential function of a representative government.” It mandates that government agencies make that work “an integral part of the routine duties of public officers and employees.”

Our state currently has one of the best public-records laws in the United States. We must protect the access it grants New Mexicans.

Task force was fast-tracked

Rather than limiting public access, I believe reform should focus on putting more documents online and streamlining and automating processes to reduce required staff time.

Instead, city and county officials have been lobbying for the right to limit public access to public information.

They say the burden of responding to IPRA requests has become crippling, and they have statistics to back it up. Much of the problem comes from out-of-state requests for police body cam videos, but local governments have other complaints too.

Last year, local government officials lobbied for legislation that would have altered IPRA in terrible ways, including implementing fees you would have to pay to access records you already own. They also wanted the state to consider policing what you do with public information.

The organizations behind those proposals have voices on this task force and a great deal of influence in the Roundhouse. This legislation was fast-tracked during the 30-day session in January and February, where leaders decided it only needed one committee hearing in the House and none in the Senate.

Lawmakers unanimously voted to approve creation of the task force.

A floor vote without any committee hearings is a rare thing. But on the final, chaotic, exhausted morning of the session, Senate leaders agreed to pull this legislation out of a committee where it had lingered without a hearing and bring to the Senate floor for a final vote.

Make your voice heard

Fortunately, the legislation requires the task force to adhere to the requirements of the state’s Open Meetings Act and to accept public input at its meetings. Those gatherings should be webcast.

I hope folks who’ve used IPRA to learn about their government will make your voices heard. If I can help you do that, please reach out.

IPRA may need some improvements, but we must protect access to public records for all New Mexicans, regardless of their ability to pay. We must also defend against limits on our use of public records.

I’ll be watching this task force closely.

Disclosure: State Rep. Sarah Silva is my spouse.