AG determines PD, city violated sunshine laws
The City of Las Vegas and the Las Vegas Police Department violated state law, according to determinations issued last week by the Office of the Attorney General.
In a series of determination letters sent to city officials, the OAG concluded that the City of Las Vegas violated portions of both the Inspection of Public Records Act and the Open Meetings Act, and warned the city that continued violations could result in criminal charges.
The Optic had sought LVPD records pertaining to multiple homicides throughout 2019 and 2018. The first request made under IPRA was filed July 26, 2019, seeking police records relating to the homicide of Leroy “Smurf” Lucero. LVPD denied the request within days.
The Optic filed a second request on Aug. 1, 2019, again seeking records pertaining to the death of Lucero, as well as the June homicide of Cruz Gallegos and the 2018 homicide of Jeromy Vasquez.
LVPD and the City of Las Vegas denied this request as well.
In a Jan. 7 determination letter sent to City Attorney Esther Marie Garduño Montoya, Assistant Attorney General John Kreienkamp wrote, “We have some concern as to the legal basis for the City’s decision to withhold records. We also conclude that the City violated IPRA by providing inadequate written explanations of its denials.”
In denying these public records requests, the city and LVPD cited an exemption that grants law enforcement agencies the right to withhold parts of records that could compromise an investigation or endanger a witness. This law enforcement exemption allows agencies to redact — or black out — potentially sensitive information. However, instead of redacting items, LVPD and the city denied the requests outright, which the AG’s office determined was a violation of the law.
“The law enforcement records exception should be used more commonly to redact information rather than withhold records entirely.” Kreienkamp wrote. “It is plainly unlawful to engage in blanket denials or otherwise deny access to information without thoroughly reviewing the responsive record.”
Peter St. Cyr, director of Open Access New Mexico, a nonprofit organization that advocates for transparency in government, said he can understand the concerns of law enforcement agencies.
“Open government advocates don’t want to risk putting a criminal investigation in jeopardy by releasing the wrong information at the wrong time,” he said. “But the public definitely has a right to know — and to scrutinize investigations — and they have a right to know if there’s a public safety threat in their neighborhood.”
According to Melanie Majors, director of the New Mexico Foundation for Open Government, access to public records is a fundamental right in a democracy.
“In order to make government work, we have to understand how it works, and in order to understand how it works, we need to have the information in documents,” she said.
Majors said any record generated by a government body becomes the property of the public, and therefore those documents should be given to anyone requesting to see them. Being denied access to those documents is like being denied access to the money kept in a checking account, she said.
“It’s like going to your bank. You have money in an account, and you go to get your money, but they say, ‘No, you can’t have it,’” Majors said.
The AG’s office also issued determinations in several complaints about violations of the state’s Open Meetings Act, or OMA.
One of those complaints was filed by the Optic in July after the Las Vegas City Council scheduled a meeting without giving the public the proper notice required under OMA. Though the meeting was ultimately canceled after the OAG was contacted, Kreienkamp still addressed the complaint in a Jan. 7 letter to the city attorney.
“It is unacceptable for any public body in New Mexico — including the City Council of the City of Las Vegas — to fail to provide the public with reasonable advance notice for any meeting,” Kreienkamp wrote.
The AG’s office also responded to complaints filed by Lee Einer, a former public information officer for the City of Las Vegas.
Einer contacted the AG’s officer in September 2018 with concerns over closed session meetings by the city council to discuss the confirmation of the city attorney and the chief of police, appointments made by then-Mayor Tonita Gurule-Giron. Einer also noted that the agenda for the meeting was not made available to the public 72 hours in advance, as required by law.
Einer told the Optic it’s important for bodies like the city council to operate in a transparent manner because it helps people understand what their elected officials are doing.
“You can’t have democracy without transparency,” Einer said.
According to St. Cyr, transparency in government also helps build civic engagement.
“Officials should welcome residents’ collaboration, and encourage them to inform, shape and direct public policy during an open meeting,” he said. “Allowing that kind of civic engagement builds trust in the community.”
In a Jan. 6 letter sent to then-Mayor Gurule-Giron and the Las Vegas City Council, the AG’s office also addressed concerns raised by Einer that the city council had failed to approve minutes from several meetings in a timely manner.
“We conclude that (Mr. Einer) has correctly identified a violation of the statute,” Kreienkamp wrote. “In light of the voluminous number of prior complaints to our Office regarding the Council’s compliance with OMA, many of which have been submitted by Mr. Einer, we strongly urge the Council to recommit itself to fully complying with all of its legal obligations.”
In his conclusion, Kreienkamp warned that anyone found in violation of the law could be charged with a misdemeanor, and if convicted, could be fined up to $500 for each offense.
“Our Office remains concerned as to the Council’s dedication to transparency and the rule of law,” Kreienkamp wrote. “It should not require another complaint by Mr. Einer or another member of the public to compel the Council to abide by its OMA obligations.”
Einer said he filed the complaints because he believes it’s important that elected officials follow the laws of the state.
“If our elected representatives aren’t obeying the laws, then what do we have but another gang?” Einer said.
