Heath Haussamen
It’s ‘implausible’ that guv has no records about layoffs and ‘unlikely’ that he doesn’t know what other agencies possess such records, AG says
The attorney general doubts that Gov. Bill Richardson’s office is telling the truth when it claims it possesses no records related to the 59 exempt employees laid off in January and doesn’t know which state agency has such records.
That’s the bottom line from last week’s letter to Richardson’s office, which is signed by Chief Deputy Attorney General Albert J. Lama and Assistant AG Zachary Shandler. The letter came months later than many had hoped for but is still a welcome response.
The facts in this case have been clear for some time: Richardson’s office announced in December that it had notified 59 political appointees their jobs would end on Jan. 8. Later in December, his office said it would not be “appropriate or dignified” to release the names of those employees.
Then Richardson’s office made the outrageous claim, in response to records requests, that the only documents it had related to the layoffs were e-mails from reporters asking for information about the layoffs.
Even in cases in which such claims are true – and I want to make clear that I believe this claim from Richardson’s office is a lie – the New Mexico Inspection of Public Records Act (IPRA) requires agencies to forward such requests to the state agency that does possess such records.
In violation of IPRA, Richardson’s office failed to do that.
It’s ‘implausible’ that guv has no records about layoffs
I have already slammed the governor for what I believe is an egregious violation of the public records act. The New Mexico Foundation for Open Government jumped into the fight by filing a complaint with the AG on Jan. 21 after the Governor’s Office provided Sarah Welsh, the sunshine group’s executive director, with only the reporters’ e-mails in response to her request for all records about the layoffs.
The AG’s letter to Richardson’s office, which came in response to Welsh’s complaint, states in the opening paragraph that the AG is “concerned that your office violated the IPRA.”
Lama and Shandler wrote that it seems “implausible” that the Governor’s Office could issue a news release stating that 59 exempt employees were notified that they were being laid off “when it had no set of records to support this numerical assertion.”
“It creates the appearance that some staff member in Governor’s Office possesses, contrary to your letter’s assertions, records pertaining to the 59 exempt employees,” the letter states.
As for the governor’s failure to forward the request to other agencies that do possess such records, the AG’s letter states that it “seems unlikely that the Governor’s Office did not know which agency had records,” and “even if it did not, the Governor’s Office had more than enough time between the date it received the request (from FOG) and the date of its final response to make a reasonable effort to ascertain the state agency that maintained the public records.”
Lies that could cost taxpayers
The public records act provides for monetary fines for the most egregious violations. The letter warns the Governor’s Office that Richardson is flirting with such a fine.
“Your cooperation in this matter is particularly important given the enforcement provisions of the Act,” the letter states. “A person whose request has been improperly handled may bring an enforcement action in district court and, if he or she prevails, is entitled to damages, costs and reasonable attorneys’ fees that may be calculated per day from the date of the violation.”
The apparent violation by the governor’s office came months ago. This could get costly. The AG’s letter asks the Governor’s Office to release whatever records it has to Welsh and also “immediately make a reasonable inquiry” to other state agencies so it can either obtain and release those documents to Welsh or forward her request to those agencies. The letter asks the Governor’s Office to provide copies of its communications with Welsh within 20 days.
In spite of the AG’s letter, the Governor’s Office is continuing to show total disregard for the public records act, transparency and accountability.
“We respectfully but strongly disagree with the opinion,” Gilbert Gallegos, the governor’s deputy chief of staff, said in a statement released Friday. “The Governor’s Office complied with the law and the Attorney General’s Compliance Guide when it turned over 98 pages of responsive records. The fact that the requestor was not satisfied with those records doesn’t mean the Governor’s Office must create new records or act as a clearinghouse for all of state government.”
Lies. Lies that could end up costing the taxpayers tens of thousands of dollars or more. As his time in office comes to a close, is this really the legacy Richardson wants to leave?