New Mexico open government group sues state Livestock Board official

A public records watchdog sued a New Mexico Livestock Board official on Friday alleging that the board violated state public records law by illegally redacting investigative reports about former board employees.

The New Mexico Foundation for Open Government on Aug. 3 requested records under the state Inspection of Public Records Act regarding a private investigation that was conducted on former Livestock Board employees April Riggs, Ray Baca and Priscilla Peña over alleged misconduct. 

The lawsuit does not specify what misconduct the trio are alleged to have committed or what the investigation found. 

Livestock Board record custodian Julie Gauman, according to the complaint filed in the First Judicial District Court, then provided fully redacted documents of the investigation’s findings on Aug. 18.

Gauman, according to the lawsuit, said redacting the document is legal due to IPRA’s “catchall” exemption, which allows records to be redacted if their release violates other state laws, and a provision in IPRA that prohibits release of records in personnel files expressing a “matter of opinion.” 

However, NMFOG contends the Livestock Board’s justification is wrong and outdated. First, they argue that the “catchall” provision does not apply because no other state laws regarding employee confidentiality apply. 

The organization also cites a recent New Mexico Supreme Court ruling in a case between the Albuquerque Journal newspaper and the Albuquerque school board. The court ruled in late May, after a 12-year legal battle, that an investigation into former Superintendent Winston Brooks could not be withheld in its entirety even though portions of it expressed “matters of opinion.” 

“Instead of following the New Mexico Supreme Court’s mandate, the Livestock Board is doubling down on their efforts to keep the investigations secret, in violation of the public’s right to know,” NMFOG said in a news release.

Livestock Board officials told Source NM on Friday that they do not comment on pending litigation. Gauman also declined comment.

NMFOG asked the court to issue an order directing Gauman to satisfy IPRA requests and award damages and attorney fee costs to Henry, the prior litigant. 

Levin added that NMFOG doesn’t necessarily have an interest in the records themselves, but that their legal complaint is over upholding IPRA.

“A landmark decision comes out saying you have to produce these records,” Amanda Lavin, NMFOG legal director, told Source NM. “So we have a public agency flagrantly disregarding that. We want to make sure that public bodies are following the law.”