FOR THE RECORD – This story should have said the Journal and two other organizations seeking the release of a Capitol security video under the Inspection of Public Records Act privately viewed an excerpt on Wednesday. The story incorrectly reported the viewing was Tuesday.
SANTA FE – A silent security camera video of a 2.5-minute confrontation between two New Mexico legislators at the Capitol in December shows little that would help to define the controversial event.
Legislative Council Service Director Raúl Burciaga contends the video is not a public record and has refused to release it to the public. While continuing to withhold the video, Burciaga provided a “private viewing” Wednesday of what he described as the critical portion to the Journal and two other organizations seeking its release under the state’s Inspection of Public Records Act.
KRQE-TV and the Foundation for Open Government are the others seeking its release.
The Journal decided to view the video after Burciaga dropped his conditions that the newspaper could not report on the contents or even acknowledge seeing it.
“We certainly were not going to agree to a self-imposed gag order, and under the arrangement we retain all our rights to pursue a legal remedy,” said Journal Editor Kent Walz. “We strongly believe it is a public record.”
The video, recorded by state-maintained security camera or cameras in the Capitol during a Dec. 14, 2011, meeting of the Legislative Education Study Committee, shows an encounter involving House Majority Whip Sheryl Williams Stapleton, D-Albuquerque, and Rep. Nora Espinoza, R-Roswell.
“We are not concerned about what’s on the tape,” the executive director of the Foundation for Open Government, Sarah Welsh, said Tuesday. “We are concerned that anyone who wants to see it is able to see it for any reason.
“The broader principle is that these are public records,” Welsh said. “The definition of ‘public records’ includes anything created by a public body and relating to public business.”
Espinoza said Stapleton verbally assailed her while she was attending the Dec. 14 legislative meeting. Espinoza said Stapleton referred during their exchange to Gov. Susana Martinez as “the Mexican on the Fourth Floor.” Stapleton has apologized to the governor, Espinoza and other members of the Legislature.
Stapleton said she approached Espinoza to protest what she felt were attacks on her integrity in connection with serving as a New Mexico legislator while also working as an administrator for Albuquerque Public Schools.
The video was taken mostly from the back of the large committee room. It is difficult to determine the identities of legislators and staffers, all of whom are at the front of the room in the tape. The video has no audio component.
Stapleton can be seen entering the committee room through the public doors and walking to the dais, where Espinoza and other committee members are seated, and then standing in front of Espinoza for approximately 2.5 minutes.
The two appear to be engaged in discussion. There appear to be arm or hand gestures by both lawmakers, mostly by Stapleton, but it would be open to interpretation as to whether they were unusual in any way.
Stapleton finally walks away and exits the committee room through the public doors.
At least six committee members other than Espinoza are moving around or seated during the exchange. Stapleton is an advisory member.
Some members appear to rise and go to the office behind the committee room, returning to the dais with food. The Espinoza-Stapleton encounter does not appear to be a major distraction. Few people are in the audience, and they are coming and going.
A separate audio recording by Legislative Education Study Committee staff does not include the Stapleton-Espinoza exchange. Microphones were shut off during the food break.
Burciaga has maintained that the security video does not meet the definition of a public record, because it occurred during a lunch break and a “verbal exchange between legislators outside of any formal or official setting does not relate to public business.”
The newspaper’s request was for the video of the entire meeting of the committee, which began in the morning and lasted until afternoon. Minutes do not reflect any adjournment for a break.
Burciaga has also contended there are exceptions to the public records act for security matters.
“Even if the video is assumed to be a public record, IPRA provides an exception for tactical response plans or procedures,” Burciaga said. “The security cameras are part of a broader security system to monitor suspicious or other activity that might pose a danger.”
— This article appeared on page C1 of the Albuquerque Journal
Reprint story -- Email the reporter at jrobertson@abqjournal.com. Call the reporter at 505-823-3911
