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Friday, March 19, 2010
Candidates Spar Over Records Law
By Dan Boyd
Journal Capitol Bureau
SANTA FE — New Mexico's governor's race is heating up early over public records requests seeking information on opposing candidates.
The dust-up hinges in one case over whether those inspecting records can bring in their own technology to make copies.
The state's Democratic Party earlier this week accused Republican governor candidate Susana Martinez, the state district attorney in Las Cruces, of hiding records requested by the party in January that included her office's court files, travel records and contract invoices.
That came after a Democratic Party representative wasn't allowed to use a portable scanner or digital camera to make copies of requested documents to avoid paying copying fees.
A spokesman for Attorney General Gary King said such technology should be permitted.
"We hold that (the public records law) does allow for recording devices to be brought in," AG's Office spokesman Phil Sisneros said.
After Democrats criticized Martinez on the records issue, Chief Deputy District Attorney Susan Riedel said the District Attorney's Office had decided to scan all requested documents — about 3,000 pages — and compile them on a disk for the Democratic Party free of charge.
The initial denial of the recording devices led Democratic Party Executive Director Scott Forrester to accuse Martinez of hypocrisy.
"Susana Martinez likes to talk about transparency in government on the campaign trail, but she clearly doesn't practice what she preaches," Forrester said.
Riedel said the office has not hidden any records and has complied with the state's Inspection of Public Records Act by making the documents available.
"The only documents restricted are those that would compromise victims, witnesses and sensitive law enforcement activities," Riedel said in an e-mail to the Journal.
The Democratic Party made its request for records from Martinez's District Attorney's Office on Jan. 4.
Her office responded two days later by saying the documents requested amounted to about 48,000 separate files and would take several months to compile.
A Democratic Party representative eventually reviewed 1,250 records last month and earlier this month.
Allen Weh, another Republican seeking the GOP nomination for governor in the June 1 primary election, has requested a wide range of documents from the office of Lt. Gov. Diane Denish, the only Democratic candidate for governor.
Weh's campaign requested in November records pertaining to vendor contracts Denish's office has entered into during the past seven years.
Denish's office has turned over much of the requested information but told Weh in a letter sent last month that the request was "excessively burdensome" and will take more time to be completed because it pertains to mundane office supplies, such as staplers and paper clips.
Weh spokesman Christopher Sanchez described the situation Wednesday as an "ongoing battle" and said much of the records provided for inspection so far have been redacted.
A spokesman for Denish's campaign said the redacted portions of the records either aren't responsive to the request or are confidential under state law.
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