Dear Mr. Williams:
My office will close out your public records request dated March 27, 2019 (identified as #19-1962), which sought copies of the following records:
Claim Number: 2019006628
Insured Name: Sherry Pennington; Robert B. Gibson Auto Sales
Loss Address: 1512 4th Street NW Albuquerque, NM 87102
Date of Loss: March 18, 2019
EFI Global, Inc. Case #: 022.00025
Dear Investigative Division:
EFI Global, Inc. has been retained by Athens Insurance Company to investigate a fire at 1512 4th Street NW Albuquerque, NM 87102 . While this fire is still under investigation, the possibility of the fire being intentionally set (arson) has not been eliminated.
Pursuant to New Mexico Revised Statutes – Article 8 Arson Reporting Immunity; Section 41-8-3 Disclosure and information (1979), we hereby request that you provide the following information or evidence. We believe that this information relates to the loss in question and that it is relevant to our investigation.
Copy of your entire file, including:
- Interview transcripts/notes
- Witness statements
- Fire department reports
- Investigation reports
- Laboratory results
- Subpoenas, court orders, warrants
First off, even though you cite to the statute on Arson Reporting Immunity (Section 41-8-1 et al.), since your request was submitted into our Inspection of Public Records Act (“IPRA”) processing website (nextrequest.cabq.gov) we viewed request #19-1962 as one made under IPRA and not a different legal or statutory authority. If that assumption is incorrect then please respond and identity which laws, rules, or regulations you contend obligates the City to provide the requested records.
Assuming your request was made under IPRA, then we cannot permit inspection of the records that were not provided for inspection because they 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, § 29-10-1 et seq. (Arrest Record Information Act), and NMSA 1978, § 41-8-1 et seq. (Arson Reporting Immunity 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.
We, Nyvia Barraza (as APD’s records custodian) and Kathleen Oney (as the assigned IPRA specialist for AFR’s) are responsible for this denial. My office will close out your request. Please let me know if you have any questions.