Dear Adanya:

The City does not maintain or have in its custody records responsive to this request. Per the Toomey factors, any responsive records held by Albuquerque Economic Development are not public records. See Toomey v. City of Truth or Consequences, 2012-NMCA-104, ¶ 13, 287 P.3d 364. As such, any responsive records held by Albuquerque Economic Development are not subject to disclosure under New Mexico’s Inspection of Public Records Act. See NMSA 1978, § 14-2-6(G).

Even if responsive records were held by or on behalf of the City, they would be exempt under NMSA 1978, Section 14-2-1(A)(8) (as otherwise provided by law), including but not limited to Rule 11-508 (Trade Secrets); and NMSA 1978, Section 57-3A-1 to -7 (Uniform Trade Secrets Act).

-Kathleen Oney 
IPRA Specialist