Dear Wesley LaCuesta:
My office will close out your public records request dated February 28, 2019 (identified as #19-1344), which sought copies of the following records:
Thank you for your patience during this process. The City has completed our search for the responsive record, however, unfortunately we currently are not able to provide your office that record. Right now, we are not certain that the responsive record existed at the time you submitted your request. My office was able to confirm that it is not in any of our records systems and the investigation is currently ongoing. As a result, even though we do not have a responsive record we are confident this record will exist and we will eventually be able to produce it in response to future IPRA requests.
Assuming the responsive record did exist at the time of your request (February 28), then we cannot permit inspection of the record because it is 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, § 29-10-1 et seq. (Arrest Record Information Act). If made public the requested records would seriously interfere with the effectiveness of a criminal investigation or prosecution. 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.
Assuming the responsive record did exist on February 28 then, I, Nyvia Barraza, as APD’s records custodian am responsible for this denial. My office will close out your request. Please let me know if you have any questions.
APD IPRA Records Custodian
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137