Dear Ms. Stout:
This email will acknowledge completion of your public records request dated November 6, 2018 (identified by the City as #18-6402), in which you submitted the following question, presumably to ascertain an answer to your question or certain information:
I made a request (#18-6294) and received the circulars for James East, however I now need to request the identity of who's position Mr. East filled when he was transferred?
This correspondence is to notify you that the City has completed this request. From what we were able to ascertain from your somewhat confusing and vague question, to our knowledge there is currently no public record that contains that information to answer your question. Please keep in mind the City is only required to provide you access to inspect or copy non-exempt responsive records, 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 create a record to answer your question, and we will also not request/require the individuals who likely know that information (e.g. James East or his supervisor) to contact you to answer your question.
Assuming the information is maintained by the City, then the City is not obligated under IPRA to provide you that information for the following reasons: (1) as mentioned above, if would potentially require the City to create a record; and (2) is exempt from disclosure under IPRA pursuant to: NMSA 1978, § 14-2-1(A)(3) (matters of opinion); § 14-2-1(A)(8) (otherwise provided by law), including but not limited to, NMSA 1978, § 14-2-9(A).
My office will close out your request. Please let me know if you have any questions.