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Wednesday, February 09, 2011
Richardson Records To Be Unsealed
By Sean Olson
Journal Staff Writer
State records administrator Sandra Jaramillo reversed course Tuesday after advice from the state attorney general and said she would release documents from Gov. Bill Richardson's administration if they qualify as public records.
Jaramillo had denied some requests for records on the basis of an agreement with the former governor. Richardson, who left office at the end of 2010, turned over the records from his eight years in office on the condition they be sealed for eight years — a condition also used by some former governors since 1967.
"Jaramillo stated that (Attorney General Gary King) advised the State Records Center and Archives to allow inspection of public records transferred to the State Records Center by former Governor Richardson, unless the records are subject to an exception under IPRA (Inspection of Public Records Act) or another law," the records center said Tuesday.
"Accordingly, she will honor requests for those records as advised by the attorney general."
Richardson could not be reached for comment Tuesday evening.
Jaramillo had formerly said that the moratorium on the records was provided for under a 1967 state law.
The law says, "The state records administrator may accept and place in the state archives the personal files, records and documents of elected state officials or of former elected state officials, subject to any reasonable restrictions, moratoriums and requirements concerning their use by other persons."
Critics of the original decision to deny records requests, such as the one by the New Mexico Foundation for Open Government, argued that the 1967 law only allows elected officials to place a moratorium on personal records, not those that were generated as a result of state business. Those would be considered public records, the foundation and others said.
Chief Deputy Attorney General Albert J. Lama, in an advisory opinion sent to Jaramillo on Tuesday, agreed.
"The restrictions, moratoriums and limitations permitted under (the 1967 law) apply only to 'personal' files, records and documents," Lama wrote. "By limiting the statutory provision's coverage to 'personal materials,' we believe the Legislature intended to distinguish them from 'public' records that are already required to be retained and preserved under the Public Records Act."
Sarah Welsh, executive direction of the Foundation for Open Government, said Tuesday that she was "very glad to hear that they interpreted the law the same way that we did."
"This is what I hoped would happen, that we could resolve this quickly and easily without going to court or in a legislative battle," Welsh said.
The issue was heading to the courtroom.
Victor Marshall, attorney for former Education Retirement Board chief investment officer turned-whistleblower Frank Foy, filed a motion Tuesday in a 2-year-old lawsuit attempting to recover Richardson administration records under the Inspection of Public Records Act.
That motion would have asked a judge to compel the records center to turn over requested records open to the public under IPRA.
The request denials were first reported by television station KOB-TV in Albuquerque, but the sealed records already had affected other officials, including Gov. Susana Martinez.
"We don't have a lot of access to much of that information at this point. When we walked in, cabinets were empty and computer drives were, as well," Martinez said last week, referring to taking over the Governor's Office on Jan. 1.
The Journal requested some Richardson communications Feb. 1. Jaramillo responded within three days, asking for more time to review the request. It has not been denied.
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