By Chuck Ring (GadaboutBlogalot ©2009 – 2010)
Quote Freely From The Article – Leave The Pseudonym Alone
A state agency gets a request under the New Mexico State Freedom of Information Act (FOIA) for emails about a particular program or pending program. The agency sends a few scant emails and provides information that they have destroyed other emails that were over 90 days old.
Given everything which has occurred in New Mexico in the recent past with state agencies and officials pertaining to criminal activity, secret meetings and multiple requests for information citizens are entitled to obtain under the FOIA, you would think any New Mexico state agency would know that there is a retention period for public records. What’s more, they would know and understand that after the retention period the records cannot be destroyed, but must be submitted to the state records administrator to be secured and/or placed in the state archives, if other arrangements have not been approved by the records administrator.
Our New Mexico Economic Development Department (NMEDD) apparently believes that such records can be destroyed after 90 days without so much as a report or other notification to the state records Administrator.
When will all state agencies, their directors and staff quit violating state laws and regulations and begin to serve the citizens instead of their own self-interests. There is no excuse for any agency to have a records custodian that is not well-versed in records management.
Perhaps it is time for serious repercussions for actions such as this. There are some state agencies that strictly adhere to the law and regulations regarding records in their custody. It is actions such as those taken by the NMEDD that tend to give other state and public agencies an undeserved reputation as slacker agencies.
Here’s a link to the full story which originally appeared in the Albuquerque Journal on January 23rd.
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