Good afternoon Ms. Porter:
This email is meant to close your inspection of public records act (“IPRA”) request, in which you requested:
I am writing to request a .kmz file of locations of calls for service by APD (as well as any other law enforcement entity serving Bernalillo County, if you have access to that), for NIBRS codes 09A, 13A, and 120 only, between the dates of April 1, 2014 and April 1, 2016.
I would also like a separate .kmz file of locations of calls for service by APD (as well as any other law enforcement entity serving Bernalillo County, if you have access to that), for NIBRS codes 09B and 09C only, between the dates of April 1, 2014 and April 1, 2016.
We have been in communication with you throughout this IPRA process. I am sorry to hear that you believe it is necessary to submit an IPRA complaint with the Office of the New Mexico Attorney General’s. At this point, we have to close your request because we do not maintain any documents that are both responsive to your request and are in the file format (.kmz) that you requested. We do maintain documents and access to that information, however, to my knowledge it is not in the .kmz file format. As a result, in order for us to provide you any records we would have to convert the file format to .kmz, assuming that is even possible – it is not required under IPRA so it will not be done in this instance. Under IPRA we are not required to create a new document, should it not exist or exist in the same format. See NMSA 1978, § 14-2-8(B) “[n]othing in the Inspection of Public Records Act shall be construed to require a public body to create a public record.” As such, it is our position; we will not create documents to satisfy your specific requests for information.
With that being said, we would like to draw your attention to the following websites, as those website may provide you with the information you seek.
It is my understanding that those websites will provide similar information, but it may not be in the file format you seek. However we are attempting to provide as much information as possible, as opposed to simply closing out this request since we do not maintain any responsive records that fit the exact perimeters of your request.
As your IPRA request relates to other agencies outside of APD, my office does not have custody or control of the records for other agencies in Bernalillo County outside of APD. The records you seek may be maintained by the Bernalillo County Sheriffs Department. We are forwarding your request to that agency’s records custodian, however, if you choose to reach out directly that agency’s contact person is as follows:
I apologize for the delay in finalizing and processing your request.
Office of the APD Records Custodian
Acting APD Records Custodian/Records Supervisor
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137
Cell (505) 980-4944