Dear Mr. Grover:
This email will acknowledge completion of your public records request dated September 20, 2018 (identified by the City as #18-5444), in which you requested to inspect:
Pursuant to the New Mexico Inspection of Public Records Act, NMSA 1978, 14-2-1 et seq., please produce for inspection the following public records:
- All records as contained in APD I-30-18 including but not limited to target letters, witness letters, investigation synopsis, table of contents; investigation report, interview summaries, interview transcripts/audio recordings, and exhibits;
- A copy of the school active shooter Power Point lesson and/or written materials as referenced in I-30-18 and as disseminated by APD officer Andrew Lehockey;
- Emails by and between APD officer Andrew Lehockey and APD commander Joe Burke from February 1, 2018-May 1, 2018.
Thank you for your patience during this process. The City has completed our search and review of all responsive records. We now have the non-exempt responsive records available for your inspection or you may purchase a copy of the non-exempt records. Please be aware, my office redacted protected personal identifier information contained in those records, pursuant to NMSA 1978, § 14-2-1(B). My office also determined is was necessary and appropriate to redact additional information and withhold the production of certain record(s) are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, § 14-2-1(A)(3) (matters of opinion); § 14-2-1(A)(4) (confidential law enforcement records); § 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).
You may pick up the non-exempt records at:
SECURITY STATION – 1st FLOOR
Law Enforcement Center
400 Roma Ave. NW
Albuquerque, NM 87102
Our hours of operation are 8:00 AM – 4:30 PM. Provide security with a copy of the attached invoice.
You may access your invoice by signing into your NextRequest profile at the following website: https://nextrequest.cabq.gov/users/sign_in
If you have not created a profile, go to the following link: https://nextrequest.cabq.gov/sign_in_help
Please make payment by cash [$138.00] or it will be billed to your account. Payment may also be made by company check, 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.
In closing, the City strongly believes in transparency, and we act on those beliefs by providing the greatest possible information regarding the affairs of government. The public’s right to access information concerning the affairs of government is considerable, however, it is not without limit. See Republican Party of New Mexico v. New Mexico Taxation & Revenue Dep't, 2012-NMSC-026, ¶ 2. We believe our level of transparency for the types of records you sought (administrative investigation records that concern infractions and disciplinary action) go above and beyond what is required under the law. As you are likely aware, the case law in New Mexico has expanded the scope of the matters of opinion exemption (NMSA 1978, § 14-2-1(A)(3)), some of the relevant cases are as follows: 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) (records that were created for the purpose of conducting internal disciplinary proceedings were properly withheld).
The City understands that in the investigation of potential police misconduct, transparency is incredibly important. However, the City must consider several factors when responding to a request for public records. First, the City must consider the aforementioned expansion of the matters of opinion exemption. It must also consider our contractual obligations against disclosure within the Collective Bargaining Agreement (“CBA”) between the City and the Albuquerque Police Officer’s Association. Next, the City must consider the integrity of its administrative investigations. Some of the rules that require us to keep statements by officers confidential are actually designed to make sure that future officers speak openly and honestly about what goes on in the Department. Lastly, the City must consider the rights of officers and potential litigation by the APOA. The requested documents contain Garrity statements, personnel matters and matters of opinion, all of which are protected under the CBA and/or IPRA.
My office will now close this request.
Please do not hesitate to contact me if you have any questions or comments.
APD Records Custodian/Records Supervisor
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137