The Legislative Council Service has agreed to release a security video showing two New Mexico legislators in a confrontation at the Capitol, although the agency’s director maintains the video is not a public record.
Raúl Burciaga, who heads the drafting, research and legal agency for the Legislature, said in a Jan. 26 letter that the council service “adheres to its position that video recordings from the Capitol security system are not “public records.”
“We have, however, decided to release this specific video recording to avoid a prolonged and expensive leal proceeding to adjudicate that question,” Burciaga wrote.
Release of the video had been sought under the state’s Inspection of Public Records Act by the Journal, KRQE-TV and the Foundation For Open Government.
“We strongly believe it is a public record,” said Journal Editor Kent Walz.
“I was very pleased to see that they are not going to the mat on this one,” said Sarah Welsh, executive director of the open government group.
“I’m glad the public will get to see it,” Welsh said. “I think it will clear the air around this whole incident. … But it’s really the release we were after.”
The soundless video shows an approximately 2.5-minute encounter between House Majority Whip Sheryl Williams Stapleton, D-Albuquerque, and Rep. Nora Espinoza, R-Roswell, during a Dec. 14, 2011, meeting of the Legislative Education Study Committee at the Capitol.
Espinoza said Stapleton verbally assailed her during a break. Stapleton said she approached Espinoza to protest what she called an Espinoza attack on her integrity. During the course of the encounter in the committee room, Stapleton, who has since apologized, referred to Gov. Susana Martinez as “the Mexican on the Fourth Floor.”
The council service allowed the Journal and the others seeking the video under the public records act to see an excerpt of the video in a “private viewing” on Jan. 25.
The security camera video, recorded from the back of the room, shows little, if anything, that would help to define the Dec. 14 event.
Physical release of the video will come Monday, Burciaga said.
— This article appeared on page A4 of the Albuquerque Journal
Reprint story -- Email the reporter at jrobertson@abqjournal.com. Call the reporter at 505-823-3911
