OPINION: Inspection of public records timelines exist for a reason

Your county commission meets twice a month. The planning board meets once a month. The school board meets monthly. The city council meets every other week.

The New Mexico Legislature knew this when it wrote the Inspection of Public Records Act. That's why IPRA presumes agencies will produce records within 15 days. Not because 15 is a magic number. Because 15 days gives you time to review records before the next meeting.

This matters more than most people realize.

Say your city council is about to vote on a contract with a developer. You have questions. How much will the project cost taxpayers? What did the developer promise? What did council members discuss with the company before the public hearing?

You file a records request. You wait. The agency sends a letter saying they need more time. You wait longer. The council votes. A month later, your records arrive.

What good are they now?

This happens constantly across New Mexico. Citizens ask for information they need to participate in decisions that affect their lives. Agencies drag their feet. By the time the records show up, the train has left the station.

The law calls this a violation. But the damage is already done.

Democracy depends on informed citizens. Not citizens who show up with hunches and complaints. Citizens who show up with evidence. Citizens who can point to a specific email, a specific contract clause, a specific payment that raises questions.

That's why IPRA exists. The Legislature declared that “all persons are entitled to the greatest possible information regarding the affairs of government.” Not eventually. Not when it's convenient. When it matters.

The 15-day presumption reflects a basic truth: Government decisions happen on a schedule. Monthly meetings. Quarterly budget cycles. Annual planning sessions. If citizens can't get records in time for those decisions, their right to participate becomes hollow.

Agency leaders must staff their records offices to meet real deadlines — not just avoid lawsuits. They must train employees that records requests deserve the same urgency as other core duties.

Citizens must hold agencies accountable when delays block meaningful participation. Document every request. Note every missed deadline. Show up at public meetings and ask why records weren't ready in time.

IPRA's 15-day timeline isn't arbitrary. It's the Legislature's recognition that democracy runs on a clock. When records arrive after the vote, citizens lose their voice.

Kenneth H. Stalter is co-founder of 505 Legal, P.C., a New Mexico law firm, and author of the forthcoming book, "Follow the Money with New Mexico Public Records."