This request has been duplicated, therefore it will be closed. Request 18-1418 will continue to be processed.
DEMAND FOR INSPECTION OF PUBLIC RECORDS
Re: Demand for Inspection of Public Records Regarding Sabino Villar
Pursuant to NMSA 1978,§ 14-2-1, et seq. by Sabino Villar
Date of Incident: On or about November 19, 2017
Location of Incident: Intersection of Sunset Farm RD and Sunset RD SW
APD Report#: 710446740 Case No. 17-0112964
To Whom It May Concern:
The firm of Orlando C. Martinez Law, LLC represents Sabino Villar in this demand for inspection of public records. Pursuant to the New Mexico Inspection of Public Records Act, NMSA 1978, § 14-2-1 et seq., demand is hereby made for you to PRODUCE COPIES of the following:
1. Any and all video and audio recordings showing or regarding the car accident on or about November 19, 2017, at the intersection of Sunset Farm RD and Sunset RD, including but not limited to law enforcement and other first responder body camera footage and vehicle dash camera footage and 911 recordings, and traffic cameras.
2. All incident reports, memoranda, correspondences, interviews, statements or other documentation or tangible things that may or does relate to the car accident on or about November 19, 2017, at the intersection of Sunset Farm RD and Sunset RD.
Please advise this office if this request does not describe the documents with sufficient
specificity for you to make a reasonable response, and we will attempt to reformulate the request in a manner that meets your requirements or written concerns. If your office or agency does not maintain these public records, please forward this request to the designated custodian of the requested records and notify us of that action, including the information required by NMSA 1978, §14-2-8(E).
Please note that we prefer electronic documents. Electronic documen s may be sent to us at the following email address: firstname.lastname@example.org . If your agency only has the ability to produce hard copies of documents they are to be sent to us at the following address: Orlando C. Martinez Law, LLC, P.O. Box 4056, Albuquerque, NM 87196-4056.
If the charges for the requested documents will exceed FIFTY DOLLARS ($50.00), please contact us by telephone or email so that we may review and approve the charges. We also request that you provide us with an itemized receipt indicating the copying charges for all documents provided.
If the request encompasses information that is exempt from disclosure, please either separate the exempt documents prior to permitting inspection or redact the information from documents that are otherwise nonexempt.
As a reminder, NMSA 1978, § 14-2-8 NMSA provides that
D. A custodian receiving a written request shall permit the inspection immediately or as soon as is practicable under the circumstances, but not later than fifteen days after receiving a written request. If the inspection is not permitted within three business days thereafter, the custodian shall explain in writing when the records will be available for inspection or when the public body will respond to the request. The three-day period shall not begin until the written request is delivered to the office of the custodian. (emphasis added).
E. In the event that a written request is not made to the custodian having possession of or
responsibility for the public records requested, the person receiving the request shall promptly forward the request to the custodian of the requested public records, if known, and notify the requester. The notification to the requester shall state the reason for the absence of the records from that person's custody or control, the records' location and the name and address of the custodian. (emphasis added).
In addition, please note that NMSA 1978, § 14-2-12 provides that:
D. The court shall award damages, costs and reasonable attorneys' fees to any person whose written request has been denied and is successful in a court action to enforce the provisions of the Inspection of Public Records Act.
As you are likely aware, every person has a right to inspect any public records of the state except as otherwise provided by law; public records include all materials that are used, created, received, maintained, or held by or on behalf of any public body and relate to public business. Meridian Oil v. New Mexico Taxation & Revenue Dept., 122 N.M. 131 (1996). Thank you for your time and assistance in this matter and we look forward to reviewing the above described records within fifteen days.
APD Records Custodian/IPRA Supervisor
Office (505) 768-2137
Cell (505) 980-4944