Dear Mr. Parsons:
On September 21, 2018, you hand-delivered your public records request for the following records:
all information concerning my complaint #CPC53-18 Case #170112999 Incident #1732230661 Nov, 19 2017. I hand delivered my complaint to you [Alan Armijo, Mayor’s Office] on Jan 22, 2018. Please include all information and documents between your office [Mayor’s Office] and the City Attorney's office; you thought you passed my complaint to the City Attorney's office.
This communication will confirm our completion of your request. The City has located all of the non-exempt responsive records for your request. The City is unsure if you wish to purchase a copy of the non-exempt responsive records or if you would prefer to inspect the records at no cost.
If you would like to inspect the records, then you may do so and there is no cost for the inspection. The inspection of the non-exempt responsive records will take place 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 would like to purchase a copy of the non-exempt responsive records, or certain pages of the records, then you may purchase a copy at the Office of the City Clerk. The copying fees are as follows: $0.50 per page for paper copies, $6.75 for electronic records on a CD/DVD, and $7.99 and up for electronic records on a portable flash-drive.
Please be aware the City determined that we cannot permit inspection of some of the emails reviewed by City HR because those records are exempt from disclosure under IPRA, pursuant to NMSA 1978, § 14-2-1(A)(3) (matters of opinion); and 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 keep in mind the City is only required to provide you the non-exempt responsive records that existed on July 30, 2018, and we are not required to compile information or to answer any questions that are not found on public records. See NMSA 1978, § 14-2-8(B) (“[n]othering in the Inspection of Public Records Act shall be construed to require a public body to create a public record.”); see also Office of Attorney General New Mexico Inspection of Public Records Act Compliance Guide, page 33, 8th Edition, 2015 (“A records custodian or public body is not required to compile information from the public body’s records or other create a new public record in response to a request.”). As a result, the City will not respond to your request for “information” if that information is not located on a responsive public record.
Please let me know if you have any questions.