The dynamics of a legislative body — especially one trying to find its identity — are similar to the junior year of high school. The 11th grade is cited as critical for social emotional learning, which is a fancy way of describing the art of playing well with others.
There are lawmakers who get noticed for their personal skills, work ethic and public service. Others who are more focused on getting attention. And others who are ignored.
Just like high school.
Who knows which cool-kids clique Rep. Kathleen Cates, a Democrat, wants to hang with at the Roundhouse, but let’s hope her House bill to change public records access gets ignored.
It’s early in the session, so House Bill 139 could disappear quickly and without a whimper. It’s a badly written bill that favors lawyers with lousy clients, bad-actor politicians and public-records custodians who don’t want to deal with the public.
Cates’ website champions her as “Your Advocate in the Roundhouse,†Her bill — intended to amend New Mexico’s Inspection of Public Records Act — does zero to advocate for those not on public payrolls.
HB 139 would add detours and roadblocks for New Mexico residents unfamiliar with IPRA’s nuances and, by extension, give public agencies more legal cover to not do their job. At 44 pages with 42 new definitions added, it’s an exorbitant overhaul and overreach.
A Rube Goldberg illustration can be absorbed on one page — and lead to the same conclusion that complicated processes make no sense.
Yes, journalists have a vested interest in protecting the rights for public access and public records. But that’s why you should care. IPRA isn’t perfect, but it’s about you and your rights to seek answers.
Let’s say some miscreant motorist shaves off your bumper on Interstate 25 and speeds away. You call the police and they take notes. But your insurance agent is having a bad day and wants to see the hit-and-run report. Your bumper remains a wreck, and you’re stuck with tracking down the report.
Have I simplified the need for public accessibility? Of course. But the beauty of James Madison’s craftsmanship of the Bill of Rights, and notably the First Amendment as inspiration for IPRA, is its intent to protect basic freedoms for all. Madison didn’t need 44 pages to protect the public’s rights. He wrote the First Amendment with 45 words.
An oft-heard complaint from records custodians here and elsewhere are the vexatious “requestors†— yes, that’s a term — who’ve turned frequent public-records requests into a time-sucking, troll-like gotcha sport.
Arguing public-access laws should be tightened to counter burdensome requests is a bathwater-forgets-baby response. The National Freedom of Information Coalition notes expanding public-records portals can cut staff time and resolve many voluminous requests. This only happens if public officials embrace technology and a servant-leadership mindset of putting the public first.
Don’t be surprised if other lobbying efforts are underway to quell your right to know. When public agencies argue that restrictions should be applied to counter a growing volume of public-access requests, it reflects passive-aggressive thinking. Smart businesses adapt when they see shifts in consumer demands. Smart public officials adapt, too. What’s happening in New Mexico is a reflection of a public that demands greater transparency and integrity from public agencies.
For every argument that local and state agencies make about being burdened, there are stories such as the Consuelo Contreras family. They are seeking answers — and not getting it — after a September shooting by ·è¿ÍÖ±²¥ Fe police of her brother, Jesus, during what was defined as a mental health crisis. Phaedra Haywood’s story in The ·è¿ÍÖ±²¥ Fe New Mexican revealed Contreras filed a complaint in District Court, accusing state police as the custodian of withholding records.
Ten years ago, The Center for Public Integrity compiled a data-focused report that graded each state’s integrity/transparency in 13 areas. New Mexico received an overall grade of “D-†and ranked 34th overall, according to a report by Gwyneth Doland, current professor of practice in journalism at the University of New Mexico.
The state got an “F†in six areas — public access to information, political financing, executive accountability, legislative accountability, lobbying disclosures and ethics enforcement agencies.
How would you rank New Mexico today?
Have we — meaning the public and public officials — learned anything?
Or does it feel like junior year again — because your rights are being ignored?
Bill Church is executive editor at The ·è¿ÍÖ±²¥ Fe New Mexican.