Good Afternoon Mr. Arasim,
On July 17, 2018, we received your public records request (identified as #18-4059) for the following records:
- Copies of the target letters sent to the ten (10) Albuquerque Police Department employees connected to Internal Affairs Investigation I-50-17.
- A copy of all records (readily available), categorized as I-50-17 garrity materials, currently being set aside for review by the members of the Albuquerque Police Oversight Board.
This email will acknowledge completion of your public records request #18-4059, as well as your request for the same information/records that was identified as #18-4071 and was previously closed by my office as a duplicate of #18-4059. Please be aware that my office redacted protected personal identifier information contained in the requested records, pursuant to NMSA 1978, § 14-2-1(B), and we also redacted the home addresses of the City employees pursuant to NMSA 1978, § 14-2-1(A)(8), specifically the City of Albuquerque’s Open Records Ordinance § 2-7-6-2 et seq., as amended.
As it relates to the second portion of your request (garrity materials), please be aware we cannot permit inspection of these records because they are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, Sections 14-2-1(A)(3) (matters of opinion in personnel files); and § 14-2-1(A)(8) (as otherwise provided by law, including but not limited to Garrity v. N.J., 385 U.S. 493 (1967); Newsome v. Alarid, 90 N.M. 790, 568 P.2d 1236 (1977); Cox v. New Mexico Dep’t of Public Safety, 2010-NMCA-096, 148 N.M. 934, 242 P.3d 501; Leirer v. N.M. Department of Public Safety, 2016 WL 3958959 (unpublished) (N.M. Ct. App. June 7, 2016); Letter from Gary King, Attorney General of New Mexico, to Michael Sanchez, New Mexico State Senator (September 15, 2014).
You may pick up copies of the non-exempt responsive records (target letters) at:
SECURITY STATION – 1st FLOOR
Law Enforcement Center
400 Roma Ave. NW
Albuquerque, NM 87102
Please contact (505) 768-2137 or (505) 768-2141 between the hours of 8:00 – 4:30. Provide security with a copy of the attached invoice.
Please make payment by cash ($5.50) or billed to your account. Payment may also be made by company check made payable to City of Albuquerque.
If you are seeking to inspect the responsive records at no cost, then please contact my office and we will provide more information on the location of that inspection. The inspection may 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.
Please let me know if you have any questions.
APD Records Custodian/IPRA Supervisor
Office (505) 768-2137
Cell (505) 980-4944