IPRA

Notice of Right to Inspect Public Records:

By law, under the Inspection of Public Records Act, NMSA 1978, Section 14-2-1, “every person has the right to inspect public records of this state”. This statute applies to all public entities, including the Department of Information Technology (DoIT).

Compliance with requests to inspect public records is an essential function of a representative government and an integral part of the routine duties of the officers and employees of DoIT.

Procedures for Requesting Inspection:

The procedures outlined below are specific to requests received which pertain to DoIT. Requests for records outside of DoIT should be directed to the IPRA custodian of that specific agency.

Requests to inspect public records should be submitted to the office’s records custodian, located at the John F. Simms Building, 715 Alta Vista St., Santa Fe, NM 87501 and can be directed via email to doit.ipra@doit.nm.gov.

A written request must contain the name, address, and telephone number of the person making the request. The request must also describe the records sought in sufficient detail to enable the Records Custodian to identify and locate the requested records.  

If a request is made without the above information included, an automatic denial letter will be sent to the requestor with an explanation of the statute and a request to submit a new request with the required information.

Note: While anyone wishing to inspect public records may do so orally or in writing, please be advised that the procedures and penalties prescribed by the Act apply only to written requests.

Response to Request to Inspect Records

The Records Custodian must permit inspection immediately or as soon as practicable, but no later than 15 calendar days after the Records Custodian receives the written request, unless a custodian determines the request to be excessively broad or burdensome and additional time is needed to respond. The extended period shall be made in good faith and within reason.  

If inspection is not permitted within three (3) business days, the requestor will receive a written response explaining when the records will be made available.

If any of the records sought are not available for public inspection, the person making the request is entitled to a written response from the Records Custodian explaining the reasons the inspection has been denied. The written denial shall be delivered or mailed within fifteen (15) calendar days after the Records Custodian receives the request for inspection.

Procedures for Requesting Physical Copies and Fees:

NMSA 1978, Section 14-2-9(C) specifies that a custodian; “(1) may charge a reasonable fee for copies of public records,” “(3) may charge the actual costs associated with downloading copies of public records to a computer disk or storage device, including the actual cost of the computer disk or storage device,” and “(4) may charge the actual cost associated with transmitting copies of public records by mail, electronic mail, or facsimile.”

While DoIT generally provides responsive records via email with no associated cost, any request that generates over 500 pages of responsive records, will automatically be given the choice to (1) inspect and print the records on site at $0.05 per page, (2) receive the records on a thumb drive at the actual cost of the device, or (3) be charged for the upload and transmission of records to Kiteworks. The cost associated with uploading and transmitting records via a thumb drive or to Kiteworks shall only include the hourly wage of the staff member assigned to upload and transmit the records, pro-rated to the amount of actual time spent on the task, and the cost of the device, if applicable. All fees must be paid in advance, and a receipt will be made available upon request.

For a copy of the current Inspection of Public Records Act Compliance Guide, please visit the New Mexico Department of Justice’s website at www.nmdoj.gov.

Inspection of Public Records Act Compliance Guide and Checklist
Ninth Edition, 2024 – This guide is aimed to inform the public, state and local government agencies, and all other public bodies subject to the Act about the Act’s requirements and application.

Link to Office of the Attorney General – OMA/IPRA (NM Sunshine Laws)

Financial Disclosure Information
(Courtesy of the Secretary of State’s Website)

Open Meetings Act Complaints
Written complaints concerning potential Open Meetings Act violations submitted to our department should include:

• Specific dates of potential violation
• Description of the public body that took the action(s) in question
• Description of the specific circumstances surrounding the allegation
• Other supporting documentation 

Inspection of Public Records Complaints
Written complaints concerning potential Inspection of Public Records Act violations submitted to our department should include:

• Specifics regarding the allegation
• Description of the public body of which records are being sought
• Copy of the written request for inspection of public records
• Other supporting documentation