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APD 4-9-14.1 REQUEST EMAIL - Public Records Request: Boyd Video KRQE Request and Denial Records

APD 4-9-14.1 REQUEST EMAIL - Public Records Request: Boyd Video KRQE Request and Denial Records

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Published by Charlie Grapski
This public records request (IPRA) was filed with Reynaldo Chavez, Albuquerque Police Department's Public Records Custodian, on April 9th, 2014.

REQUESTED RECORDS: (a) the record denying the request by KRQE for videos pertaining to the killing of James Boyd; and (b) the
record of the original request by KRQE.

KRQE News had requested the lapel camera videos of the officers, all of whom were required to wear and turn them on, the day after the March 16th Boyd shooting. They did not receive a response to their March 17th Request until April 1st - when the were denied the records with a claim that they were subject to exemptions under NM's Public Records Law (IPRA). Knowing that no such exemption existed I made this request in order to follow up with my own request and to address the claimed exemption within the request itself. With the anticipation that the denial would rely on a claimed "blanket investigation exemption" (non-existent in the law) that I have seen tried in other states - I was preparing for a very particular legal challenge to the misuse of that claimed exemption.

The request was simple - and had several purposes: (1) To obtain the specific language used in the request and the particular claimed exemption by the APD (it was presumed that they were applying a non-existent "ongoing investigation" exemption - and the intent was to bring a specific legal challenge to that abuse); (2) To get evidence of the standard operating procedure of APD regarding production and maintenance of requests - as this was a simple (two pages of records total) and non-controversial (the request and response to a public records request).

It turned out that (1) the APD did not only attempt to claim the non-existent exemption for ongoing investigations, but it went further - in a bold and damning admission - and claimed an Anti-Terrorist exemption over Anti-Terrorist training and tactics. Thus they admitted, in their eventual production of this request, that they sent out a "troop" of military-style police on an "anti-terrorist" mission - to deal with a person accused of "unlawful camping."

But it also proved that the APD was not faithfully following and respecting the public records law. For it was not until JUNE 11th - three months later - that the records were produced. Long after the required time of production, for such a simple request, had expired. It also demonstrates a fundamental issue of incompetence (not only malfeasance - but misfeasance and nonfeasance of duties) at the APD - for the response produced only one of two (one half) of the records requested. The request was clearly for BOTH the original KRQE request AND the eventual APD response to that request. Only the latter was produced.
This public records request (IPRA) was filed with Reynaldo Chavez, Albuquerque Police Department's Public Records Custodian, on April 9th, 2014.

REQUESTED RECORDS: (a) the record denying the request by KRQE for videos pertaining to the killing of James Boyd; and (b) the
record of the original request by KRQE.

KRQE News had requested the lapel camera videos of the officers, all of whom were required to wear and turn them on, the day after the March 16th Boyd shooting. They did not receive a response to their March 17th Request until April 1st - when the were denied the records with a claim that they were subject to exemptions under NM's Public Records Law (IPRA). Knowing that no such exemption existed I made this request in order to follow up with my own request and to address the claimed exemption within the request itself. With the anticipation that the denial would rely on a claimed "blanket investigation exemption" (non-existent in the law) that I have seen tried in other states - I was preparing for a very particular legal challenge to the misuse of that claimed exemption.

The request was simple - and had several purposes: (1) To obtain the specific language used in the request and the particular claimed exemption by the APD (it was presumed that they were applying a non-existent "ongoing investigation" exemption - and the intent was to bring a specific legal challenge to that abuse); (2) To get evidence of the standard operating procedure of APD regarding production and maintenance of requests - as this was a simple (two pages of records total) and non-controversial (the request and response to a public records request).

It turned out that (1) the APD did not only attempt to claim the non-existent exemption for ongoing investigations, but it went further - in a bold and damning admission - and claimed an Anti-Terrorist exemption over Anti-Terrorist training and tactics. Thus they admitted, in their eventual production of this request, that they sent out a "troop" of military-style police on an "anti-terrorist" mission - to deal with a person accused of "unlawful camping."

But it also proved that the APD was not faithfully following and respecting the public records law. For it was not until JUNE 11th - three months later - that the records were produced. Long after the required time of production, for such a simple request, had expired. It also demonstrates a fundamental issue of incompetence (not only malfeasance - but misfeasance and nonfeasance of duties) at the APD - for the response produced only one of two (one half) of the records requested. The request was clearly for BOTH the original KRQE request AND the eventual APD response to that request. Only the latter was produced.

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Published by: Charlie Grapski on Jul 07, 2014
Copyright:Traditional Copyright: All rights reserved

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