Dear Mr. Horowitz:
This email will acknowledge completion of your public records request dated January 24, 2019 (identified as #19-529).
First off, we have determined that your request fails to comply with the Inspection of Public Records Act (“IPRA”), Section 14-2-8(C), which requires that “a written request … shall identify the records sought with reasonable particularity.” Albuquerque Police Department cannot search for videos based on the date range you provided. Based on a preliminary search there is upwards of 600,000 items founds, however, that number is an approximation for all videos currently maintained on evidence.com from January 1, 2017 to January 24, 2019. While that number is not an accurate approximation for the number of videos you seek, the problem with your request is that there is no way for my office to conduct searches specific to the items from your request (e.g. there is no way to search for just videos where a taser device was deployed, there is no way to search for just videos that capture one or more shots fired at or by law enforcement, etc.). As a result, we believe your request lacks reasonable particularity. Please provide adequate information if you would my office to conduct particularized searches. Please call or write if you have any questions about the type of information that is helpful to conduct reasonably particularized searches.
We would like to work with you to provide you access to the videos that you seek. Please be aware our willingness to come up with a solution should not be construed as a waiver of the aforementioned argument or a waiver of any defense under the law. With that being said, the City does believe we can make all of the responsive records available to you for your personal inspection or copying. In our opinion, however, the only reasonable way to accomplish that is to allow you access to inspect every non-exempt video. As you can imagine it would probably take you months or years to review all of the videos, but if you desire to spend your time in that fashion then we will make a set amount of non-exempt records available for your review each day until you have been given the opportunity to review all videos maintained in evidence.com from January 1, 2017 until January 24, 2019. Lastly, please be aware videos are only retained for a specified period of time so the approximate number of items is likely to change during the course of producing these records.
If you choose 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 seven (7) days, and please also identify how long you plan on being in Albuquerque to inspect the records then we will ensure a sufficient volume of non-exempt responsive records are available. We request the advance notice so the City can ensure that adequate accommodations are made to allow you to inspect these 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 ($6.75 for electronic records placed on a CD, and $7.99 and up for electronic records placed on a flash-drive) 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”). Given the immense volume of records we are unable to estimate the anticipated copying/mailing costs. However, if you desire to receive copies of ever non-exempt record that is maintained in evidence.com within the time frame specified in your request, then one option is for you to provide a down payment of the copying/mailing costs. After receiving the down payment my office will then work to provide the first batch of videos. The size of the first batch will equal the down payment amount (e.g. if your down payment is $100.00 then the City will provide 13/14 CD’s, depending on the anticipated mailing costs).
Next, assuming you desire to inspect or receive copies of all videos maintained in evidence.com from January 1, 2017 until January 24, 2019, then it should be obvious but we have determined your request is “excessively burdensome and broad,” and my office respectfully requests an “additional reasonable period of time” to complete the request. NMSA 1978, § 14-2-10.
Lastly, the City will notify you of the statutory exemptions used to deny certain videos or portions of videos at the time each batch is produced, but as a whole it is anticipated those records contain several exemptions that we anticipate using to deny the production of qualifying records or certain information contained in the records, including, but not necessarily limited to, 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, § 31-25-1 et. seq. (Victim Counselor Confidentiality Act); NMSA 1978, § 29-10-1 et seq. (Arrest Record Information Act); Rule 11-504 NMRA (psychotherapist-patient privilege); NMSA 1978, § 14-6-1 (Health Records); and Health Insurance Portability Accountability Act (“HIPAA”), 45 C.F.R. Parts 160, 164.
We look forward to hearing from you regarding our request for additional information to ensure your request complies with the requirement to provide “reasonable particularity.” If you decide not to provide additional information then please notify my office if you desire to inspect all of the non-exempt public videos for the time frame of January 1, 2017 until January 24, 2019. If you decide to receive the first batch of copies then please send the down payment, checks and money order should list “City of Albuquerque” as the payee. Lastly, if you are no longer interested in pursuing this IPRA request then please notify my office.
Based on the aforementioned reasons the City will now close your public records request. Please let me know if you have any questions.
Office of the APD Records Custodian
APD Records Custodian/Records Supervisor
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2137