8-1 Chapter 8 PUBLIC RECORDS What is a public record Essentially

							                                               Chapter 8

                                         PUBLIC RECORDS

What is a public record? Essentially, it is any document created by or held by, or on behalf of the
governmental entity and relating to public business that is not a statement of opinion. A public record
may be paper or may be other media such as slide, film, electronic, computer generated, etc.

There are specific kinds of documents listed in § 14-2-1 or other specific statutes or decided by case law
that are not public records; for instance, medical records and ambulance service information. A copy of
the Inspection of Public Records Act (§§ 14-2-1 through 14-2-12) can be downloaded at
www.ago.state.nm.us/IPRA. The statutes contain a procedure and timetable for replying to written
requests for inspection; read it carefully. Be sure to read the footnotes. Requests for documents may be
oral or written. The timetables contained in the Act apply only to written requests. You may request
written requests for record-keeping purposes but you may not ask “Joe Citizen” the purpose for his
request. If you have any doubt whatever whether a document is a public record or not, check with your
municipal attorney or the Municipal League. Another helpful resource is the Inspection of Public
Records Act Compliance Guide, published by the New Mexico Attorney General’s Office and
accessible through their web site above or at the Municipal League’s website, Research/Resources link.
Be advised that this is a guide and not the law. There may be instances where the Guide interprets law.
Understand that the law, not the Guide, will control in the event of a conflict.

As Municipal Clerk, you are the custodian of all minutes, ordinances and resolutions (§ 3-13-1). A
sample resolution designating the official custodian of public record is shown on page 8-3. You must
provide a reasonable opportunity for the inspection of all municipal public records in your custody
during ordinary business hours, and you must, upon request, furnish copies of all municipal public
records in your custody. You may charge a reasonable fee (usually the cost of making copies) for
providing them.

The original copies of your permanent municipal records such as approved minutes and adopted
ordinances and resolutions should never leave your control, no matter who asks to borrow them. If
they are lost, altered, damaged or destroyed, it is your responsibility, so hang on to them and protect
them.

If someone needs a record copy for some legitimate purpose, you may make a copy and certify that it is
a true and correct copy of the original.

Not all municipal public records will be in your custody, even if you think they should be. Other
department heads, supervisors and employees become very territorial with the information in their files.
The most professional way of overcoming this problem is to organize the historical records (minutes,
ordinances and resolutions) and be able to provide them on request. Use your department heads,
supervisors and other municipal employees to brainstorm and set requirements for furnishing records
between departments. Present your ideas to the governing body, enlist their support and get their
approval.

After this process is complete, organize all files in the Clerk's office in a system that is simple to

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understand and use. After working with the system, other employees will ask for your help in setting
up their files so that they may be used by others.

The State Records Center and Archives will help you in inventorying your records and setting records
retention schedules that are usable in your setting. They will help you to understand the process of
filing and retrieval systems and destruction schedules.

The basic points to remember in preserving the public records of a municipality are:

      1.   Creation of the records
      2.   Filing System for Active and Inactive Records
      3.   Storage System for Active and Inactive Records
      4.   Retrieval and Reproduction
      5.   Destruction
      6.   Disaster Recovery Plans

Record retention schedules are published by the State Records Center and Archives and provide a
retention timetable to follow for the information created in a municipal unit. The records retention
schedules are available online at www.nmcpr.state.nm.us. The retention schedules for municipalities
include: General Administrative Records (which include general financial and personnel for
municipalities, listed as “interpretive”); Local Government Records for Municipalities; and Municipal
Courts. Municipalities should adopt retention schedules by resolution. This may be combined with the
custodian of records resolution.

Prior to destruction, records should be reviewed for historical significance, and moved to the archives or
another historical repository. Some historical records are already permanent records. A sample
resolution designating an official archives repository is shown on page 8-4.

Destruction of public records shall only be done at the direction of the governing body of the
municipality. The Clerk should request permission to destroy those records that have served their
purpose and are no longer necessary. A list should be compiled for the governing body's information.
Before requesting approval from the governing body, you should ask the State Records Center and
Archives for their concurrence. This agency has no authority over municipal records, but their expertise
in records is invaluable in deciding what to retain and what to destroy. If the governing body approves
the destruction of certain records, you should prepare a Certificate of Destruction listing the records you
are destroying and the date of destruction and file it as permanent record.

Storage of indexed microfilm records of original permanent records can be done at the State Records
Center and Archives. You can contact them for further information.




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SAMPLE RESOLUTION



                                     RESOLUTION NO.

                DESIGNATING OFFICIAL CUSTODIAN OF PUBLIC RECORDS


     WHEREAS, New Mexico State Statute Chapter 14, Article 1, Article 2 and Article 3 classifies
preservation, restoration, destruction, inspection and exemptions from public inspection of public
records, and

     WHEREAS, the duties of City Clerk, as defined in Section 3-13-1 NMSA 1978, are protection of
public records and furnishing copies of public records;

     NOW, THEREFORE BE IT RESOLVED that the office of City Clerk shall be the official
custodian of public records for the (City, Town, Village) of      to adhere to all official
guidelines as statutes and regulations are adopted; and

     BE IT FURTHER RESOLVED that the (City, Town, Village) of                hereby adopts the
Records Retention and Disposition Schedules as developed by the Records Management Division of
the State Records Center and Archives, as a guide to records retention.

    PASSED, ADOPTED AND APPROVED this                    day of            , 20 .




                                                             Mayor



ATTEST:




City Clerk



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SAMPLE RESOLUTION


                                            RESOLUTION NO.

                         DESIGNATING OFFICIAL ARCHIVES REPOSITORY


        WHEREAS, the City Clerk has been named the Custodian of Records of the (City, Town,
Village) of         ; and

        WHEREAS, the (City, Town, Village) has adopted the Records Retention and Disposition
Schedules as developed by the State Records Center and Archives as the retention schedules of the
(City, Town, Village) of                       ; and

           WHEREAS, a location is needed to house the historical records of the (City, Town, Village) of
             .

           NOW, THEREFORE, BE IT RESOLVED that the (City, Town, Village) of                          hereby
names              as the official archives repository for the (City, Town, Village) of
records.

           PASSED, ADOPTED AND APPROVED this                      day of                  , 20   .




                                                                           Mayor


ATTEST:




City Clerk




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