How to Request Public Records in New Mexico (And What to Do When They Ignore You)
If you've ever needed to get records from a government agency in New Mexico, you've probably wondered how the whole process actually works. Maybe you need police reports, city council meeting minutes, or inspection records. As someone who deals with these requests all the time in my practice, I can tell you it's both easier and harder than you might think.
Let me walk you through everything you need to know about making public records requests in New Mexico. I'll also tell you what you can do when agencies don't follow the rules.
If you are having issues getting records and have fought through that already, you can find more info here about what to do next: https://www.hudsoninjurylaw.com/public-records-requests
Photo by Viktor Talashuk on Unsplash
What Are Public Records?
First, let's talk about what counts as a public record in New Mexico. The state's Inspection of Public Records Act (IPRA) is pretty broad about this. Basically, any document or information that a government agency creates or keeps while doing their job is a public record.
This includes things like:
Police reports and incident records
City council and county commission meeting minutes
Government contracts and bills
Email between officials
Inspection reports
Personnel files (with some exceptions)
Budget documents
Court records
The whole point of IPRA is that government should be transparent. The public has a right to know what their tax dollars are paying for and how decisions get made.
Why Would You Need Public Records?
In my personal injury practice, I request public records constantly. If someone gets hurt in an accident involving a government vehicle, I need those maintenance records. If there's a dangerous condition on a city street that caused an accident, I want to see if there were prior complaints. I want to know if the city knew about the problem. Its how we often get police reports!
But you don't have to be a lawyer to need these records. Maybe you're researching a property you want to buy and want to see inspection records. Maybe you're a journalist looking into how your city spends money. Maybe you're just curious about what happened at that city council meeting where they discussed the controversial new development.
Whatever your reason, you have the right to request these records. Government agencies have an obligation to provide them.
How to Make a Public Records Request
The process is actually pretty simple, though each agency might do things a little differently.
Start With a Written Request
You need to put your request in writing. This can be an email, letter, or sometimes agencies have online forms. Your request should include:
Your name and contact information
A clear description of what records you want
The time frame you're interested in
How you want to receive the records (email, mail, pick up in person)
Be as specific as you can. Instead of asking for "all emails about the water project," ask for "all emails between the city manager and the engineering department about the Main Street water line replacement project between January 1, 2024 and March 31, 2024."
(The agency may have a portal, you can, but do not have to use it. You just have to get the custodian a written request)
Where to Send Your Request
Each government agency should have someone who handles public records requests. They're called the "custodian of records." This might be a city clerk, an administrative assistant, or sometimes a specific records officer.
Most agencies list their records custodian on their website. If you can't find it, just call and ask who handles public records requests. The portal is also an option! Most cities have one.
What to Expect Timeline-Wise
Here's where things get interesting. Under IPRA, agencies are supposed to respond to your request within three business days. Notice I said "respond," not "give you the records."
In their response, they need to tell you:
Whether the records exist
Whether they're going to provide them
If there are any fees involved
When you can expect to get them
If the records are huge or need review, they can take longer. But they still need to give you that first response within three days.
What Agencies Can and Cannot Do
They Can Charge You Fees
Agencies can charge you for the actual cost of copying records. For electronic records, this might be almost nothing. For paper copies, it's usually around a dollar per page. If your request takes a lot of staff time to find and review records, they might charge for that too.
They should give you an estimate upfront if the fees are going to be big.
They Can Black Out Information
Not everything in a public record is actually public. Agencies can black out or remove information that falls under specific exceptions, like:
Personal information (Social Security numbers, etc.)
Information that would hurt ongoing investigations
Attorney-client communications
Certain personnel matters
If they black out information, they should tell you what rule they're using for each redaction.
They Cannot Just Ignore You
This is the big one. Agencies cannot simply ignore your request and hope you go away. They have a legal duty to respond, even if that response is "we don't have those records" or "those records are exempt."
What Happens When They Don't Respond
Unfortunately, I've seen plenty of cases where government agencies just don't respond to public records requests. Maybe they're hoping you'll forget about it, maybe they're short-staffed, or maybe they just don't want to release the information.
Your First Step: Follow Up
If you don't hear back within a week or so, send a follow-up email or make a phone call. Sometimes requests get lost or the person handling them is out of the office. Give them a chance to make it right.
Document Everything
Keep copies of your original request and any follow-up communications. Write down the dates you sent everything. This becomes important if you need to take further action. Better to do this in writing than on the phone.
Contact the Agency's Legal Department
If follow-ups don't work, try contacting the agency's legal counsel or city attorney. Sometimes a lawyer pointing out their IPRA obligations gets things moving.
File a Complaint
If the agency keeps ignoring you, you can file a complaint in district court. You ask a judge to order them to follow IPRA. The court can also award you attorney's fees and costs if you win as well as damages!
This might sound scary, but it's actually a pretty straightforward legal process. The law is clearly on your side if an agency is just ignoring legitimate requests.
Real-World Tips From My Experience
Be Persistent But Professional
I've found that most government employees want to do the right thing. But they might not know IPRA requirements or they might be overwhelmed. A friendly but firm approach usually works better than getting aggressive right away.
Know Your Rights
Agencies sometimes try to discourage requests by saying things like "that would be too much work" or "we don't have to provide that." Know that under IPRA, they have to prove why they can't provide records. You don't have to justify why you need them.
Consider the Timing
If you're requesting records about ongoing lawsuits or hot political issues, expect more pushback. Agencies might be more careful about what they release, which could slow things down.
You Don't Have to Explain Why You Want Them
One thing I always tell people is you don't have to justify your request or explain why you want the records. "Because I'm curious" is a perfectly good reason under IPRA. But you don’t even have to tell them that.
When It's Worth Getting Legal Help
Most public records requests don't need a lawyer, but there are times when it makes sense to get professional help:
If the agency is clearly stalling and won't respond
If you're requesting records about ongoing lawsuits
If the records are particularly sensitive or valuable
If you're a business that regularly needs public records
The good news is that if you have to sue to get records and you win, the agency might have to pay your attorney's fees. Thats where I come in.
The Bigger Picture
Public records laws exist for a reason. Government transparency isn't just some abstract idea. It's about accountability and making sure public officials are doing their jobs right.
I've seen cases where public records showed that a city knew about a dangerous condition for months before someone got hurt. I've seen records that showed government employees weren't following proper procedures. These kinds of discoveries don't just help individual cases. They help make government work better for everyone.
Don't Be Scared
The whole process might seem formal and scary, but remember these are your records. You paid for them with your tax dollars, and you have every right to see them.
Most government agencies in New Mexico are pretty good about responding to public records requests, especially once they understand you know your rights under IPRA. The key is being clear about what you want, following up when necessary, and not giving up if you hit some resistance at first.
If you're thinking about making a public records request but aren't sure where to start, don't let that stop you. The worst they can say is no, and even then, you have options for appealing that decision.
The truth is, most of the time these requests go pretty smoothly. Government employees are just people doing their jobs, and when you're polite and clear about what you need, they usually try to help you out.
I had one case where I needed maintenance records for a city vehicle that hit my client. The city clerk was super helpful, got me everything within a week, and even called to make sure I had what I needed. That's more typical than the horror stories you might hear.
So if you need government records for whatever reason, go ahead and ask for them. It's your right, and it's usually not as complicated as you think.
This post gives general information about New Mexico's public records laws. For specific legal situations or complex requests, consider talking with an attorney familiar with IPRA. You can also give us a call to discuss how we can help 505-416-4150!
