Request #18-6614
  Closed

 

Videos 


Received

November 15, 2018 via web


Departments

Albuquerque Police Department


Requester

Jay Horowitz


Invoices

Documents

Public

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Staff

Point of Contact

Nyvia Barraza

Request Closed   Hide Public

Dear Mr. Horowitz:

 

This email will acknowledge completion of your public records request dated October 25, 2018 (identified as #18-6613), in which you sought a copy of:

  1. released by Albuquerque Police Department in response to one or more requests for public records where the records were released to the requestor between 9/14/18 and 11/9/18, inclusive.
  2. released by Albuquerque Police Department in response to one or more subpoenas where the records were released to the requestor between 9/14/18 and 11/15/18, inclusive.

All non-exempt responsive records are now available for your inspection.

 

If you are seeking to inspect the responsive records at no cost, then the inspection 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 to schedule an inspection appointment. We respectfully request that you provide at least 24 hours advance notice. However, it would be advantageous to provide greater notice than 24 hours of your inspection appointment; such greater notice will help us ensure that adequate accommodations are made to allow you to inspect such a high volume or records. Please be aware the Office of the City Clerk’s hours of operation are Monday-Fridays from 8:00am to 5:00pm, not including City holidays.

 

If you are unable or unwilling to inspect in person, or if you would prefer copies of the non-exempt responsive records – then under the law the City “may require advance payment of the fees before making copies of public records.” NMSA 1978, § 14-2-9(C)(5). Prior to copying and mailing the records, my office will require advance payment of the copying fees ($0.50 per page) as well as the costs associated with mailing the set of documents to you. See NMSA 1978, § 14-2-9(C)(4) (“may charge the actual costs associated with transmitting copies of public records by mail”).  At your request the City can provide you an estimate of copying and mailing costs.

 

Lastly, we determined that certain redactions and exemptions were necessary for the following portion of your request since those records were provided in response to a subpoena those records do not traditionally contain the standard IPRA redactions/exemptions.

  1. released by Albuquerque Police Department in response to one or more subpoenas where the records were released to the requestor between 9/14/18 and 11/15/18, inclusive.

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) which are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, § 14-2-1(A)(1) (medical records); § 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 necessarily limited to, NMSA 1978, § 32A-4-1 et. seq. (Abuse and Neglect Act); NMSA 1978, § 32A-4-1 et. seq. (Victim’s Rights); and NM Const. Art. II, § 24 (Rights of Crime Victims); NMSA 1978, § 14-6-1 (Health Records); and Health Insurance Portability Accountability Act (“HIPAA”), 45 C.F.R. Parts 160, 164.

 

Thank you for your patience during this process. Please let us know if you are planning on inspecting in person, or if you would rather prefer to pay for a copy of the remaining records.

 

The City has fulfilled your public records request, and it is now closed. Please let me know if you have any questions.

 

Office of the APD Records Custodian
Nyvia Barraza
APD Records Custodian/Records Supervisor
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137
Cell (505)-980-4944

December 5, 2018, 1:31pm
Request Published Public
November 19, 2018, 2:57pm
Department Assignment Public
Added: Albuquerque Police Department.
November 19, 2018, 2:57pm
Request Opened Public
Request received via web
November 15, 2018, 12:02pm