Dear Mr. Schwanitz:
My office will close out your public records request dated February 14, 2019 (identified as #19-1019), which sought copies of the following records:
Thank you for your patience during this process, and I apologize for the delay in communicating with you. The City has completed our search and review of the 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 information or record(s) that are exempt from disclosure for the following reasons under the Inspection of Public Records Act: including NMSA 1978, § 14-2-1A)(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, § 31-26-4 et. seq. (Victim’s Rights); NM Const. Art. II, § 24 (Rights of Crime Victims), NMSA 1978, § 29-10-1 et seq. (Arrest Record Information Act). We believe the aforementioned statutory citations satisfy our obligations under IPRA, however, we are providing the following information to add additional insight into the requested records that were denied:
- If made public those requested records would seriously interfere with the effectiveness of a criminal investigation or prosecution.
- The records or portions of the records detail the methods and procedures APD follows when investigation crimes.
- The evidence and other records, if disclosed, would alert potential defendants to destroy evidence, coordinate stories, or flee the jurisdiction.
- The records contain witness testimony that is crucial to the criminal investigation and prosecution.
- If produced the records might unfairly cast suspicion on or invade the privacy of an individual accused but not indicted for an alleged criminal offense.
Right now my office is unsure how long we will continue to maintain this exemption, however, you are welcome to submit a new public records request for the same records at a later date. Additionally, you are also welcome to call my office and ask for an update on this investigation or submit an oral public records request.
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 ($15.75) . 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.
My office will now close this request. Please do not hesitate to contact me if you have any questions or comments.
APD IPRA Records Custodian
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137