EVERY PERSON HAS A RIGHT TO INSPECT PUBLIC RECORDS OF THE NEW MEXICO FINANCE AUTHORITY (“Finance Authority”), EXCEPT:
- As provided in the Inspection of Public Records Act (the “Act”), §14-2-1 et seq., NMSA 1978, as amended and supplemented from time to time;
- As provided in the Confidential Materials Act, §§14-3A-1 to 14-3A-2, NMSA 1978, as amended and supplemented from time to time;
- As provided in the Statewide Economic Development Finance Act, §6-25-1 et seq., NMSA 1978, as amended and supplemented from time to time;
- As otherwise provided by law.
PROCEDURES FOR REQUESTING RECORDS
- A person requesting public records (a “requestor”) may request public records from the Finance Authority by submitting an oral or written request to the Finance Authority’s Public Records Custodian (“Records Custodian”) pursuant to §14-2-8, NMSA 1978. The Records Custodian may be reached at:
New Mexico Finance Authority
Attention: Records Custodian
207 Shelby Street
Santa Fe, New Mexico 87501
(505) 984-1454 (telephone)
Procedures and penalties prescribed in the Act apply only to written requests. An e-mail request is considered a written request for the inspection of public records.
- A written request shall provide the name, address and telephone number of the person requesting review of public records. In the request, the public records sought shall be identified as accurately as possible, with sufficient detail to enable the Records Custodian to identify and locate the requested records. Although no particular form for requesting public records is required, a form for this purpose is available in the Finance Authority’s office and is available upon request.
- Inspection of the public records sought will either be granted immediately, or as soon as practicable under the circumstances, but no later than fifteen (15) days after the date that a written request is received by the Finance Authority. The Records Custodian will respond to requests to inspect public records in the same medium – electronic or paper – in which the request was received, and may also choose to respond in any other reasonable manner as the Record Custodian deems appropriate.
- If the inspection of public records is not granted within three (3) business days after the Finance Authority has received a written request, the Records Custodian will send the person requesting review of public records a letter, either through the U.S. Mail or via e-mail if applicable, advising the requestor when the public records will be available for inspection or when the Finance Authority will respond to the request.
- If a request is excessively burdensome or broad, the Records Custodian shall inform the requestor within fifteen (15) calendar days from the date of receipt by the Records Custodian that additional time is needed to process the request and inform the requestor of the date the public records will be available. If necessary, the Records Custodian can also ask the requestor to be more specific in identifying the information they seek, or inquire as to whether the requestor would like to narrow the scope of the request in order to process it in a timelier manner.
- In the event that a request for public records is made to an employee of the Finance Authority other than the Finance Authority’s Records Custodian, the person at the Finance Authority receiving the request shall promptly forward the request to the Records Custodian, even if the records are in the employees’ possession, and notify the requestor that the request has been forwarded.
- If any of the records sought are not available for public inspection, the Records Custodian shall notify the person making the request explaining the reasons inspection has been denied and the name and title of the person responsible for the denial. This written denial will be mailed within fifteen (15) calendar days after the Records Custodian receives the request for inspection, or within any extension of time permitted under Section 5 above.
- If the request is for specific records that are stored as part of a computer database, including documents, e-mail and other data, where providing the record does not require manipulation of data resulting in the creation of a record that did not exist previously, the information shall be provided in accordance with the provisions of this policy.
- The Finance Authority will remove all confidential or non-public information prior to making public records sought available for review.
- A requestor may request that the Finance Authority make copies of public records, provided that the Finance Authority may redact (blackout) from such copies information contained in the public records that is exempt from disclosure as provided by the Act. The Finance Authority will impose a per-page charge to be determined by the Records Custodian at the maximum rate permitted by law, which charge will be payable by the requestor in advance of the making of the copies by the Finance Authority. A requestor may request a written receipt for such payment.
- After the requestor has inspected the documents produced and/or has received any requested copies, the Records Custodian will send the requestor a letter identifying the date and location upon which the inspection occurred, and advising the requestor that the request shall be considered closed unless the requestor advises otherwise.
Adopted by the New Mexico Finance Authority Board this 22nd day of March, 2018.