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The AlamogordoTownNews.com and the KALHRadio.org journalism staff, columnist and volunteers use the New Mexico open records request and the federal Freedom of Information Request laws, in order to allow us to verify facts, review public records and research and report on news tips we receive from the public concerning issues of importance or concerns of the public.
Citizens and Journalists have a right to review public records, and a right to information under the bill of rights and the First Amendment of the United States Constitution. Amendment One.
”Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” – The First Amendment to the U.S. Constitution
The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America among some of the freest in the world.
In New Mexico, laws are in place to ensure these freedoms are protected and transparency in government exists via a process known as IPRA. The process requires the government entity to respond within 3 business days.
Our organizations have used the process continuously the last 2 years to inspect records and provide information and facts related to stories we have presented.
The city of Alamogordo has consistently met the thresholds of the law, been easy to work with and has always provided data in a pdf format and emailed to our staff for free. A few exceptions of notes from staff, or internal memos not part of an electronic system have required manual copies if we wanted a copy then a fee was accessed. We could always inspect the record for free. With multiple requests filed over the last 2 years the expense to us was less then $40. The city of Alamogordo scores an “A” for affordable accommodations and transparency.
Ditto for the County Clerk and the Judicial Clerk’s in Otero County; each have been accommodating, transparent and accountable. Response has always been timely and any delays explained and within the realm of the law. Each scores an “A” for affordable accommodations and transparency.
The Alamogordo Public Schools has been the most accommodating in providing a comprehensive response to several IPRA requests. One was a complex request that was cumbersome, in response, and consisted of in the end of several thousand pages of data. The system accommodated with a Google drop that was accessible easily and in an electronic format and completely comprehensive in detail and information provided. Professional, compete and courteous scores an “A+” for affordable accommodations and transparency.
Example:
Then we come to the Village of Tularosa.
On March 31st we submitted a request for comment to the Mayor and Vice Mayor to an accusation that there were police officers working within the village without proper certification and without commission yet acting in full capacity as officers. We received no response. We then followed up with the clerk of the village via a formal IPRA response and did NOT receive a response within 3 days as legally required.
We finally received the response below on 4-20-23
When a records custodian receives a written request for a record, the record must be made available immediately, or as soon as practicable under the circumstances. If access will not be provided within three business days after the written request is delivered to the custodian, the custodian must explain in writing to the requester when the records will be available or when the agency will respond.
The law requires that sometimes, a person may send a request for records to the wrong entity. Should this occur, the Act places an affirmative responsibility on the person who receives such a request in writing to forward the request to the proper custodian, if known, and to notify the requester. In the case of Tularosa the Village Clerk clarified she might not have all records and directed us to the police chief.
We then received a response from the police chief but as of yet still have NOT received the requested documents. His response was the allegations are false however he has yet to provide us the certificates of certification nor has he caught up with Anthony Lucero for an interview. He sent us the following email…
Anthony Lucero attempted to hook up with the chief but to no avail. The phone from Anthony to the Tularosa police may be heard via the link below following the weather report…
Link to Newscast Listen After Weather
In addition to our IPRA requests to the chief and the Village Clerk per a tip from interested parties we added the Village Court Clerk to our IPRA requests.
The Village Court Clerk timely responded to the additional request for copies of the noncommissioned officers date his commission expired by way of his oath. She also ran a query per our request of any citations issues that went before the court by the decommissionEd officer from March to April 25th. There were ZERO.
The court clerk scores an “A” for timely and appropriate response…
The Police Chief and the Village Clerk however have still failed to provide certificates of certification of officers now one month after our initial investigation began.
What we did receive most recently was an email blaming the prior chief for poor record keeping…
Rather the prior chief kept clean records or not we don’t have the access to know.
What we do know as in the business world the present boss is accountable for Human Resource compliance and records management. When we acquired companies or a leadership role, our first rule of business, was to audit personal files with HR, and ensure we were in full compliance of the laws and that files contained all copies of all licenses, certifications, I9 forms and other documents, as required by law were within the files of our staff and complete.
So, thus far, a month into our investigation we have received many phone calls and emails with “tips” and information.
We have NOT yet received any confirmation of certifications on officers as requested from the chief nor the village clerk.
Thus a failing grade for the Village of Tularosa government in timely response to our IPRA and a failing grade in connecting with our radio reporter, Anthony Lucero, to clear up the questions.
We were told by a reliable insider that the decommissioned officer was still carrying a badge and his gun until we released our first report on this issue but after that report he was placed into a civilian role with no gun nor badge.
What we also now know is there are postings on the Village of Tularosa website seeking a “police chief” and “certified police officers” under employment opportunities? Is the present Chief leaving? There seems to be significant turnover of police staff in Tularosa? Why?
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