Request #18-2871


Claim Files/Case Files



May 22, 2018 via mail


Risk Management , Legal Department


Ernesto T. Benavidez #100023854 Seg 8






Point of Contact

Kathleen Oney

Request Closed   Hide Public

Dear Mr. Ernesto Benavidez:


This email will acknowledge completion of your public records request dated [DATE], 2017, which we interpreted asked for: 

I need all reports and documents sent to your office of Tort Claims, complaints, reports and actions taken to each Tort Claim, complaint, or report including resolutions and discplinar action sent since March 12 2013 to May 16 2018   thank you   Its for my order to show cause

I need these documents for the following open civil cases to show cause 1:18-CV-00356-JCH-KBM    1:18-CV-00314-GJF and 1:18-CV-00316-JCH-KRS pursuant to 14-2-1/14-2-2.1 and 14-2-6

On May 29, 2018, the City mailed you a letter requesting clarification regarding the scope of your initial request. You never responded to that letter. As a result, the City had to interpret your original request on our own and we did not narrow the perceived original scope of your request. We searched for the records in all locations that if they existed would be found, and we located responsive records. Please be aware that my office redacted protected personal identifier information contained in the requested records, pursuant to NMSA 1978, § 14-2-1(B).  Please also be aware that the City cannot  permit inspection of one/some of the records because they are exempt from disclosure under IPRA, pursuant to NMSA 1978, § 14-2-1(A)(8) (otherwise provided by law), including, but not limited to Rule 11-503 NMRA (Lawyer-Client Privilege), and Rule 1-26 (Attorney Work Product).


Please contact my office should you or your appointed representative wish to set up an appointment to inspect the records. There is no cost to inspect the records in person. The inspection will take place either at the aforementioned location, but more likely it will occur at the Office of the City Clerk, located at 600 2nd Street NW, Albuquerque, NM 87102. That office is located on the 7th floor of that building. Please contact the Office of the City Clerk (505) 924-3650 if you have any questions related to the inspection at their office. If you are unable or unwilling to inspect in person, or if you would prefer copies of the non-exempt responsive records – then under the law the City “may require advance payment of the fees before making copies of public records.” NMSA 1978, § 14-2-9(C)(5). Prior to copying and mailing the records, my office will require advance payment of the copying fees ($0.50 per page) as well as the costs associated with mailing the set of documents to you. See NMSA 1978, § 14-2-9(C)(4) (“may charge the actual costs associated with transmitting copies of public records by mail”). 


We have determined [PROVIDE ESTIMATE OF RECORDS] and we will require advance payment of the copying and mailing costs. As your request my office can provide you an invoice for those costs. Should you desire the copies then my office will mail those records after we have received payment.


Please be aware at the time you submitted your request the City did not maintain any records regarding the civil cases that you listed. As a result, we are not required to create those records, or to locate those records in a database maintained by a different agency. As you may be aware those records are located in PACER (federal court case database). You are welcome to submit a Freedom of Information Act (“FOIA”) request to that agency for those records.


I hope this email provides you enough information so that you can let me know how you wish to proceed on you public records request. My office will now close out your request.  


Please let me know if you have any questions.




Kathleen Oney


July 25, 2018, 3:03pm
Request Published Public
May 23, 2018, 2:06pm
Department Assignment Public
Legal Department , Risk Management
May 22, 2018, 4:09pm
Request Opened Public
Request received via mail
May 22, 2018, 4:09pm