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Man alleging pay-to-play scheme says educational retirement board has no basis for denying records request<\/span><\/p>\n A man who has already filed a civil lawsuit alleging a pay-to-play scheme involving the Richardson administration filed a second suit on Thursday alleging that the New Mexico Educational Retirement Board<\/a> is illegally withholding public records and seeking a court order to force their release.<\/p>\n Frank Foy, the agency\u2019s former chief investment officer, filed a request under the state Inspection of Public Records Act<\/a> in January seeking a myriad of documents, including minutes of board meetings and any other records related to the board, any other committee or advisory group, Vanderbilt Capital Advisors — the company at the center of the pay-to-play lawsuit, and dozens of other individuals and companies. In addition to paper records, the request sought electronic records including text messages, e-mails and cell phone messages.<\/p>\n The request matches a subpoena Foy\u2019s attorney, Victor Marshall, issued to the retirement board, according to documents provided by Marshall along with a news release sent today. In Foy\u2019s pay-to-play lawsuit<\/a>, which he has filed on behalf of the state, he alleges that the state made investments with Vanderbilt and affiliated companies in exchange for a little more than $15,000 in contributions to Gov. Bill Richardson\u2019s 2008<\/a> presidential campaign. The state lost $90 million in the investment deals.<\/p>\n It\u2019s an allegation Richardson and other state officials flatly deny.<\/p>\n The retirement board\u2019s attorney, Patricia Turner of Santa Fe, denied the records request in a Tuesday letter, stating that the request is \u201cexcessively burdensome and broad.\u201d<\/p>\n \u201cThe request is so uncertain in its scope that is raises questions as to whether it is intentionally drafted in such a manner as to make it difficult if not impossible for the ERB to comply or is intended to divert agency resources from fulfilling its statutory duties,\u201d Turner\u2019s letter states.<\/p>\n The attorney sought \u201cclarification, limitation and specificity\u201d in order for the request to be fulfilled.<\/p>\n Marshall wrote a letter back stating that there is no basis for \u201crefusing to provide any records, simply because it believes some of the requests are overbroad,\u201d and sought a response by 10 a.m. Thursday about whether the retirement board would produce any of the records.<\/p>\n