Lt. Gov. Diane Denish (Photo by Heath Haussamen
Lieutenant Governor’s Office says it doesn’t maintain Denish’s calendar, won’t say who – if anyone – does keep such a document
Lt. Gov. Diane Denish’s office now says it doesn’t maintain any sort of calendar or schedule of Denish’s appointments but may be able to provide NMPolitics.net with other documents that indicate some of what she’s been doing.
“The Office of the Lt. Governor does not maintain a calendar for the Lt. Governor,” Chief of Staff Joshua Rosen wrote Tuesday in an e-mail. “If you’re looking for internal staff communications and other staff notes related to logistics for state-related events, we will be happy to try and track down whatever is available.”
NMPolitics.net took Rosen up on that offer for internal communications and notes. I’ll let you know what he provides.
Last week, Rosen denied NMPolitics.net’s request for a copy of Denish’s calendar or schedule for a 30-day period.
“Diane’s public events are announced so that New Mexicans can come see her in their communities,” Rosen wrote in an e-mail. “Her private appointments are not maintained in the state email system and, per direction from the Attorney General, this document is not subject to IPRA (the New Mexico Inspection of Public Records Act). Therefore the Office of the Lt. Governor has no records responsive to your request.”
I asked Rosen to clarify if he was saying the office keeps no calendar for Denish or just that it’s not subject to IPRA. He said the office “schedules events relating to state business” but “does not maintain an official calendar.”
Who maintains Denish’s calendar?
As was the case when the Third Judicial District Attorney’s Office in Las Cruces announced that it is not maintaining a calendar or schedule for District Attorney Susana Martinez, the question is whether Denish or someone else outside her government office is maintaining a calendar of her appointments or whether no one is keeping a schedule of her work-related appointments.
Denish and Martinez are both running for governor and have campaign staffs.
According to Rosen’s previous statement, Denish’s office is scheduling meetings related to her job as lieutenant governor.
But who’s keeping track of the fact that they’re scheduled isn’t clear. Rosen declined to answer that question.
As I’ve already reported, the Attorney General’s Office and the head of the New Mexico Foundation for Open Government (FOG) disagree about whether, should such hypothetical calendars or schedules exist somewhere other than in public officials’ government offices, they are public records.
Phil Sisneros, the AG’s spokesman, said last week that the AG believes “personal calendars and schedules are more like notes a public employee keeps for his or her own use, even if they include business appointments,” and are not public records.
Sisneros reaffirmed this week that calendars and schedules “maintained by a public office for a public officer” are public records.
Basic accountability
Sarah Welsh, FOG’s executive director, said last week that the public records act “applies to all documents regardless of physical form or characteristics that are used, created, etc. by any public body and relate to public business.” She said if Martinez is keeping a personal calendar and it’s “the primary way that she keeps track of her public work, that’s clearly a public record.”
Welsh said the same about Denish’s calendar on Tuesday.
“Again, I would say that how a public official spends their time doing state business is a matter of public record and is of interest to the public,” Welsh said. “We’re not talking about their personal lives. We’re talking about what they are doing for the people of New Mexico. Are they doing the job they were elected to do? Who are they speaking with? Who are they meeting with?”
Welsh said knowing how public officials spend their time – as it relates to their public jobs – is basic accountability.
“My basic question for any elected official, and for the AG’s office, would be, ‘How is the public served by allowing elected officials to keep public appointments private?’” Welsh said. “I’m talking about one-on-one meetings with constituents or lobbyists or their staff – public business. Not campaign events, not that they’re going to soccer games – meetings that have to do with public business.”
Welsh has said if public officials are keeping one calendar that combines appointments related to their official jobs with personal appointments, the personal appointments can legally be redacted before the document is released.