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APD 4-9-14.1 from ACKNOWLEDGEMENT 4-11-14 - Public Records Request: KRQE Boyd Videos Request and Denial Records

APD 4-9-14.1 from ACKNOWLEDGEMENT 4-11-14 - Public Records Request: KRQE Boyd Videos Request and Denial Records

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Published by Charlie Grapski
On April 11th, Rey Chavez, APD Public Records Custodian, sent this email formally acknowledging receipt of a request made for the KRQE Request and City's Denial for the additional Boyd Videos.

On April 10th Chavez, after numerous attempts throughout the day, returned a phone call to me (about 5 pm). He stated that he, in fact, had received the April 9th request and had attempted to send an acknowledging email to the problematic email.

With this clarification - Chavez sent this email - although it misstates the date of the request (stating it was made on April 10th) - acknowledging receipt.

The language of this response is PROBLEMATIC: It intentionally misstates the legal requirements for timely and reasonable responses to public records requests (remember this was the simplest and de facto non-problematic possible request - two pages of documents - one a public records request the other the response to it).

Chavez reveals that APD, contrary to the law and their knowledge of the law, were claiming that UPON RECEIPT the APD has FIFTEEN DAYS "to review and contact me."

This is simply not the case. NM law requires the "immediate" release of records when available. The records here requested were immediately available at all times and with little to no effort to retrieve them necessary.

NM law requires that all requests be responded to and fully produced in a "reasonable" time. For routine requests this is the "immediate" standard.

IF, however, THREE DAYS have expired - and the records have not been produced - THEN - UPON a showing of a REASONABLE BASIS (and LAWFUL BASIS) for such a delay BEYOND THREE DAYS - the City is obligated, ON THE THIRD DAY, to state - in writing - the legal and reasonable basis for the delay AND a date, within FIFTEEN DAYS, upon which the completion of the request will be fulfilled. WITH ONLY ONE EXCEPTION - this is the law. The exception is that in a case of an extensive (scope and breadth) and/or burdensome (particular content sought requiring extensive research time to identify) request - an EXTENSION beyond fifteen days MAY be appropriate.

This response began to unveil very significant details about APD's contemptuous approach to the public records law - knowingly and willingly violating that law ROUTINELY - without even considering the actual request at hand.
On April 11th, Rey Chavez, APD Public Records Custodian, sent this email formally acknowledging receipt of a request made for the KRQE Request and City's Denial for the additional Boyd Videos.

On April 10th Chavez, after numerous attempts throughout the day, returned a phone call to me (about 5 pm). He stated that he, in fact, had received the April 9th request and had attempted to send an acknowledging email to the problematic email.

With this clarification - Chavez sent this email - although it misstates the date of the request (stating it was made on April 10th) - acknowledging receipt.

The language of this response is PROBLEMATIC: It intentionally misstates the legal requirements for timely and reasonable responses to public records requests (remember this was the simplest and de facto non-problematic possible request - two pages of documents - one a public records request the other the response to it).

Chavez reveals that APD, contrary to the law and their knowledge of the law, were claiming that UPON RECEIPT the APD has FIFTEEN DAYS "to review and contact me."

This is simply not the case. NM law requires the "immediate" release of records when available. The records here requested were immediately available at all times and with little to no effort to retrieve them necessary.

NM law requires that all requests be responded to and fully produced in a "reasonable" time. For routine requests this is the "immediate" standard.

IF, however, THREE DAYS have expired - and the records have not been produced - THEN - UPON a showing of a REASONABLE BASIS (and LAWFUL BASIS) for such a delay BEYOND THREE DAYS - the City is obligated, ON THE THIRD DAY, to state - in writing - the legal and reasonable basis for the delay AND a date, within FIFTEEN DAYS, upon which the completion of the request will be fulfilled. WITH ONLY ONE EXCEPTION - this is the law. The exception is that in a case of an extensive (scope and breadth) and/or burdensome (particular content sought requiring extensive research time to identify) request - an EXTENSION beyond fifteen days MAY be appropriate.

This response began to unveil very significant details about APD's contemptuous approach to the public records law - knowingly and willingly violating that law ROUTINELY - without even considering the actual request at hand.

More info:

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

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08/14/2014

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7/7/14, 10:22 AMGmail - IPRA / Public Records Request: KRQE Request and Denial RecordsPage 1 of 2https://mail.google.com/mail/u/0/?ui=2&ik=b6f95480
&view=pt&q=…qs=true&search=query&msg=14551354b7b81ad0&siml=14551354b7b81ad0
Charlie Grapski <cjgrapski@gmail.com>
IPRA / Public Records Request: KRQE Request and Denial Records
Chavez, Reynaldo L.
<chavezr@cabq.gov>Fri, Apr 11, 2014 at 10:33 AMTo: Charlie Grapski <cjgrapski@gmail.com>
 Mr. Grapski, This email will acknowledge receipt of your public records request dated April 10, 2014. Pleasebe advised we are reviewing your request to determine what public records are responsive andwhether any exceptions to their production apply. We will continue our review and contact youprior to the expiration of fifteen (15) days from the receipt of your request. Please do nothesitate to contact me if you have any questions or comments. Kind regards, Reynaldo L. ChavezAPD Records Custodian/IPRA Manager Office: (505) 768-2007Cell: (505) 235-2160
chavezr@cabq.gov
 
From:
 Charlie Grapski [mailto:cjgrapski@gmail.com]
Sent:
 Thursday, April 10, 2014 2:46 PM
To:
 Chavez, Reynaldo L.
Subject:
 Re: Public Records Request: KRQE Request and Denial Records
 I am sorry - I just noticed a typo within the original email - pertaining to my email address: it is cjgrapski@gmail.com.

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