Suit Says Records Act Violated

State Fair Commissioner Charlotte Rode is suing the New Mexico Racing Commission and Expo New Mexico — the state-owned fairgrounds where the State Fair is held — and their records custodians, alleging they have violated the state’s Inspection of Public Records Act.

The suit, filed Jan. 14 in 2nd Judicial District Court, asks the court to “compel the production of public records” Rode has sought under the state’s open records act.

“Commissioner Rode’s IPRA requests seek information about the facts and circumstances surrounding the award of a lucrative lease for the racetrack and casino at the Expo New Mexico facility to certain contributors to Governor (Susana) Martinez and her PAC (political action committee) pursuant to a questionable bidding process,” the suit states.

Like all five State Fair commissioners, Rode is appointed by the governor and oversees the state-owned Expo property.

Since September 2011, Rode has sought numerous documents from both entities, but was instead furnished with “unresponsive documents,” the suit states.

The suit also claims that, contrary to state law, Rode was never given an explanation why the documents were not provided nor given a reason for refusing to provide them.

In July 2011, Expo New Mexico issued a “request for proposals” for a 25-year lease of 93 acres at the state-owned property that since 1985 had been leased to the Downs for its racetrack and casino.

The RFP gave interested parties 32 days to present their highly detailed offers, which had to include a lease payment of at least $2 million a year. Only the Downs and Laguna Development Corp., which operates the tribally owned Route 66 and Dancing Eagle casinos west of Albuquerque, submitted proposals.

After months of wrangling, the State Fair Commission voted 4-3 to give the Downs the new lease, which includes construction of a new multimillion-dollar casino near Louisiana and Central NE.

Laguna Development unsuccessfully protested the bid award.

The bid process has been criticized by neighborhood groups, some members of the State Fair Commission, a consultant for the state Legislative Finance Committee and others as being too rushed and too secretive. Expo officials have maintained that the process was fair and transparent.

In Rode’s suit, she seeks a court order for the agencies to produce: a copy of both responses to the RFP, including each offeror’s best and final offers; all documents related to the RFP “evaluation committee’s” questions and findings; and a “non-disclosure/confidentiality agreement Commissioner Rode was forced to enter into.”

The latter refers to a confidentiality agreement State Fair commissioners were required to sign in order to review the two responses to the RFP.

Rode also seeks damages as provided in the open records statute, court costs and reasonable attorney’s fees.

Expo spokesman Michael Henningsen said the agency will “aggressively defend” itself against Rode’s accusations.

Phil Sisneros, spokesman for the state Attorney General’s Office — which provides legal representation to most state boards and commissions — said the office typically does not publicly discuss specific ongoing litigation due to ethical and policy reasons.
— This article appeared on page C1 of the Albuquerque Journal