FAQ

What is the New Mexico Inspection of Public Records Act (IPRA)?

The New Mexico Inspection of Public Records Act (IPRA) is intended to provide the public with access to information about governmental affairs. IPRA provides citizens with steps to take in order to request public records while protecting certain specific types of records from release. It also establishes a legal process to enforce compliance.


Who can make a request for public records?

Any person can request public records. Santa Fe County provides an efficient electronic method for requesters to utilize in requesting public records and requests that all requestors utilize the IPRA portal via https://sante-fe-county-nm.nextrequest.com/. The requester cannot be required to explain why the public records are being requested. Often, however, a voluntary discussion with the Custodian about the requester’s purpose or interest in seeking certain information can aid the Custodian in locating and producing responsive records. While an individual is not required to submit a request in writing, the County encourages the requestor to submit a written request in order to minimize any confusion regarding the request. The deadlines and procedures set forth in the law and applicable to written requests do not apply to oral requests. 


What is a "public record"?

Except those records that are identified as exempt under the New Mexico Inspection of Public Records Act, or the release of which is otherwise prohibited by law, IPRA describes "public records" as follows:


"all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained." NMSA 1978, §14-2-6(G).


Are there exceptions to what records I may inspect? Yes, there are exceptions including but not limited to:

  • Physical or mental examination records
  • Medical treatment records of anyone confined to any institution
  • Public hospital records
  • Letters of reference concerning employment, licensing or permits
  • Matters of opinion
  • Letters or memorandums which are matters of opinion in personnel files or students’ cumulative files
  • Trade secrets
  • Attorney-client privileged information
  • Law enforcement records that reveal
  • Confidential sources
  • Methods
  • Information or
  • Individuals accused but not charged with a crime
  • Confidential materials of historical or educational value on which the donor or seller has imposed restrictions on access for a specified period
  • Tactical response plans
  • Protected Personal Identifier Information
  • Records otherwise confidential by law

How can an individual make a public records request to Santa Fe County?

"Any person wishing to inspect public records may submit an oral or written request to the custodian. However, the procedures set forth in this section shall be in response to a written request. The failure to respond to an oral request shall not subject the custodian to any penalty." NMSA 1978, § 14-2-8.


Public record requests can be made directly in the nextrequest portal at https://sante-fe-county-nm.nextrequest.com/. 


What is the County’s response time?

The Custodian will acknowledge the request within three (3) business days, and will strive to respond no later than fifteen (15) calendar days after receiving the request. If the Custodian determines that a written request is broad or burdensome, an additional reasonable period of time shall be allowed to comply with the request. The Custodian shall provide written notification to the requester within fifteen (15) calendar days of the receipt of the request that additional time will be needed.


Can an individual inspect a public record in person?

Yes. An individual may inspect records at a mutually convenient time arranged during the Custodian's business hours. However, if the person also would like copies of records and such records cannot be readily copied due to the volume of the records, the requestor may return at a later date to collect copies or make arrangements for copies to be mailed to the requestor.


Is there a fee for gathering information to fulfill the request?

As permitted by IPRA, the County may charge for copying records in accordance with the fee schedule determined by statute.


Advance Payment Required Before Copies Are Provided

The County requires advance payment of fees, either by cash or credit card, before copies are provided to the requestor. Cash payments must be made at [Insert]. Credit card payments can be made [Insert]


Inspection of Records at County Offices

Requestors may arrange for the inspection of records at County offices at no charge. However, if requestors wish to receive copies of public records fees may apply.


What if a County office receives a public records request?

The County office should immediately contact the County Custodian of Public Records to coordinate a response and should send the request to the Custodian as soon as practicable.


Is the County required to create documents to comply with a request?

No. It is the County’s obligation to gather and copy existing public records. The County is not obligated to create records in order to respond to a request.