Recognizing that a representative government is dependent upon an informed
electorate, the intent of the legislature in enacting the Inspection of Public Records Act
[Chapter 14, Article 2 NMSA 1978] is to ensure, and it is declared to be the public policy
of this state, that all persons are entitled to the greatest possible information regarding
the affairs of government and the official acts of public officers and employees. It is the
further intent of the legislature, and it is declared to be the public policy of this state, that
to provide persons with such information is an essential function of a representative
government and an integral part of the routine duties of public officers and employees.
History: Laws 1993, ch. 258, § 2.
ANNOTATIONS
Purpose and intent. — The legislature has clearly and unequivocally indicated that
public records are to be made public with the exception of certain confidential
information and except as otherwise provided by law. 1958 Op. Att'y Gen. No. 58-197.
A state agency is a "person", for purposes of IPRA, and may request public
records from other state agencies. — Where the state ethics commission
(commission) sent a public records request, pursuant to the Inspection of Public
Records Act (IPRA), NMSA 1978, §§ 14-2-1 to -12, to the New Mexico human services
department [health care authority department] (department), asking the department to
provide copies of certain emails from several named employees, and where the
department denied the request claiming that the commission, itself a "public body" for
the purposes of IPRA, is not a "person" entitled to make public records requests, the
department erred in denying the commission’s public records request, because a public
body is an "entity," within the definition of "person," § 14-2-6(D), and therefore the plain
language of IPRA demonstrates that public bodies can submit public records requests
to other public bodies. This reading of the statute is also consistent with IPRA’s
declared purpose, that all persons are entitled to the greatest possible information
regarding the affairs of government and the official acts of public officers and
employees. Public Records Requests Made by the State Ethics Comm’n (10/27/21),
Att’y Gen. Adv. Ltr. 2021-12.
Notes of Decisions
San Juan Agric. Water Users Ass'n v. KNME-TV, 2011-NMSC-011, 257 P.3d 884.
· cites it 8× “The Legislature expressly stated IPRA’s purpose and underlying public policy in Section 14-2-5: Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting [IPRA] is to ensure, and it is declared to be the…”
N.M. Found. for Open Gov't v. Corizon Health, 2020-NMCA-014, 460 P.3d 43.
· cites it 7× “ettlement Agreements Resulting From Medical Care Provided Under a Contract With the State Are Public Documents Subject to Disclosure Under IPRA {16} IPRA declares it “to be the public policy of this state[] that all persons are entitled to the greatest possible information…”
Dunn v. N.M. Dep't of Game & Fish, 2020-NMCA-026, 464 P.3d 129.
· cites it 6× ““IPRA must be construed in light of its purpose and statutory provisions under IPRA should be interpreted to mean what the Legislature intended it to mean, and to accomplish the ends sought to be accomplished.” Id. (internal quotation marks and citation omitted).”
Pacheco v. Hudson, 415 P.3d 505 (N.M. 2018).
· cites it 6× “" Section 14-2-5. {2} In this superintending control proceeding arising from an IPRA action filed in one district court seeking an order for disclosure of records directed to another district court, we clarify the constitutional and statutory procedures for IPRA enforcement…”
Pacheco v. Hudson, 2018-NMSC-022.
· cites it 6× “” Section 14-2-5. {2} In this superintending control proceeding arising from an IPRA action filed in one district court seeking an order for disclosure of records directed to another district court, we clarify the constitutional and statutory procedures for IPRA enforcement…”
Cox v. New Mexico Dep't of Pub. Saf., 2010-NMCA-096, 242 P.3d 501.
· cites it 7× “” Section 14-2-5. Section 14-2-5 further states that providing persons with such information “is an essential function of a representative government and an integral part of the routine duties of public officers and employees.”
Britton v. Off. of the Attorney Gen. of N.M., 433 P.3d 320 (N.M. Ct. App. 2018).
· cites it 3× “Section 14-2-5 provides: Recognizing that a representative government is dependent upon an informed electorate, the intent of the [L]egislature in enacting the Inspection of Public Records Act is to ensure, and it is declared to be the public policy of this state, that all…”
Britton v. Off. of the Att'y Gen., 2019-NMCA-002.
· cites it 3× “Section 14-2-5 provides: Recognizing that a representative government is dependent upon an informed electorate, the intent of the [L]egislature in enacting the Inspection of Public Records Act is to ensure, and it is declared to be the public policy of this state, that all…”
Faber v. King, 2015-NMSC-015, 7 N.M. 702.
· cites it 4× “” The purpose behind IPRA is clearly set forth in Section 14-2-5: Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the Inspection of Public Records Act .”
ACLU of New Mexico v. Duran, 2016-NMCA-063.
· cites it 3× “See § 14-2-5 (“Recognizing that a representative government is dependent upon an informed electorate, the intent of the [L]egislature in enacting [IPRA] is to ensure, and it is declared to be the public policy of this state, that all persons are entitled to the greatest possible…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.