Serving Clovis, Portales and the Surrounding Communities
Serving Clovis, Portales and the Surrounding Communities
Complying with a ruling from Third Judicial District Court Judge James T. Martin, the city of Las Cruces has released unlawfully withheld public records and provided a written description of other withheld records and passages redacted.
The case was brought by attorney Peter Goodman on behalf of Michael L. Hays when the city of Las Cruces failed to comply with a request from Hays to inspect records under the Inspection of Public Records Act, according to a news release from the New Mexico Foundation of Open Government.
The lawsuit claimed the city unlawfully withheld records and redacted portions of records without proper explanation, in violation of the IPRA.
The IPRA specifically provides that a public body must provide a written explanation of any records it denies inspection of, including identifying the name and title of the person responsible for the denial, the release stated.
Hays first requested the records in June 2023. Judge Martin ordered the city to provide all responsive and nonprivileged documents sought by Hays, and to provide a written description of the withheld records as required by statute.
Following the city’s compliance with the court’s order, the parties negotiated a resolution of the case, and in accordance with that resolution, Judge Martin awarded a total of $94,945 in fees and penalties, including $85 per day, for a total of $21,845 in penalties for noncompliance, and $73,100 in attorney fees.
The case is Michael L. Hays v. City of Las Cruces and its city clerk and custodian of documents, Christine Rivera, D-307CV-2023-02167.
