Dear Mr. Schwanitz, Mr. Wilham, and Ms. Lenninger:
This email will acknowledge completion of your public records request dated October 10, 2018 (identified by the City as #18-5831), in which you stated:
The city of Albuquerque responded to two KOAT requests, #18-2539 Medina) and #18-2541 (Banez), requesting all emails that were sent and received from Harold Medina and Roger Banez's email accounta. After examining the contents of the records provided, KOAT has determined that numerous emails were not included. Furthermore, it appears the city downloaded an outlook file from the individuals Microsoft Outlook account thus eliminating any emails that were deleted by the users during course of business. KOAT is now submitting a request for from the city server that include any emails the user deleted.
The City determined it was appropriate to treat #18-5831 as a new IPRA request, however, we are unsure what exactly you are seeking when you stated “KOAT is now submitting a request for from the city server that include any emails the user deleted.” In the interest of complete transparency and to address any potential concerns your office may have, the City provides the following information. The City’s Department of Technology and Innovation (“DTI”) conducted the emails searches soon after the City received your previous IPRA requests identified by the City as #18-2539 and #18-2541. As you are aware, my office determined both requests were excessively burdensome and broad and we informed you that each request had several thousand emails that were located. In addition to collecting all of the emails sent/received in the exchange server for those individuals, the email searches performed would have also collected any emails that were in the deleted items folder of each individuals' outlook boxes. As a result, the City strongly believes our email searches were reasonable and collected all responsive public records that existed at the time of the original email searches.
Moreover, we believe that some of your concerns identified in #18-5831 may have resulted from Ms. Lenninger’s willingness to narrow the scope of #18-2539 and #18-2541. For your convenience below are the external communications that the City received from Ms. Lenninger that the City relied upon to narrow the scope of the original requests:
Per the emails, please look for the following keywords: training, academy, fitness, running, exercise, fitness requirements, fitness qualifications, physical, physical fitness Sasha Lenninger Reporter REQUEST #18-2541 BANEZ EMAILS Per the emails, please look for the following keywords: work, sick, missing work, called off, missing, alcohol, drink, drunk, rides, picking up, courtesy asleep, sleep Sasha Lenninger Reporter First off, we very much appreciate Ms. Lenninger’s willingness to narrow the scope of such a voluminous amount of emails. Her willingness to narrow the scope greatly assisted the City by saving us valuable personnel time in having to review the several thousand original emails located in #18-2539 and #18-2541. We also believe it benefited her because it expedited the email review and from our perspective the City was able to produce for her inspection the emails that she was actually interested in viewing.
With that being said, if Ms. Lenninger or anyone else at KOAT would like to review all of the several thousand emails originally located #18-2539 and #18-2541, then please indicate that and the City will produce all of the non-exempt responsive emails on a weekly inspection schedule. The inspection schedule is necessary because of the excessively burdensome and broad nature of having to review thousands of emails and we will produce all of the non-exempt responsive emails in an “additional reasonable period of time.” NMSA 1978, § 14-2-10. Please be aware the City will not begin the review of all of the original emails until someone from your office indicates in writing that is what you are seeking for #18-5831.
We hope that this response address any concerns you may have had regarding #18-2539 and #18-2541. Please let us know if you would like the City to begin the review of all of the original emails, then we will notify you when the first inspection appointment will take place.
My office will now close this request.
APD Records Custodian/IPRA Supervisor
Office (505) 768-2137
Cell (505) 980-4944