2018 New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 2 - Inspection of Public Records
Section 14-2-6 - Definitions.

As used in the Inspection of Public Records Act:

A. "custodian" means any person responsible for the maintenance, care or keeping of a public body's public records, regardless of whether the records are in that person's actual physical custody and control;

B. "file format" means the internal structure of an electronic file that defines the way it is stored and used;

C. "inspect" means to review all public records that are not excluded in Section 14-2-1 NMSA 1978;

D. "person" means any individual, corporation, partnership, firm, association or entity;

E. "protected personal identifier information" means:

(1) all but the last four digits of a:

(a) taxpayer identification number;

(b) financial account number; or

(c) driver's license number;

(2) all but the year of a person's date of birth; and

(3) a social security number;

F. "public body" means the executive, legislative and judicial branches of state and local governments and all advisory boards, commissions, committees, agencies or entities created by the constitution or any branch of government that receives any public funding, including political subdivisions, special taxing districts, school districts and institutions of higher education;

G. "public records" means 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; and

H. "trade secret" means trade secret as defined in Subsection D of Section 57-3A-2 NMSA 1978.

History: Laws 1993, ch. 258, § 3; 2011, ch. 134, § 3; 2011, ch. 181, § 1; 2011, ch. 182, § 1; 2013, ch. 117, § 1; 2013, ch. 214, § 2; 2018, ch. 61, § 1.

The 2018 amendment, effective May 16, 2018, added the definition of "trade secret" as used in the Inspection of Public Records Act; and added Subsection H.

The 2013 amendment, effective June 14, 2013, added the definition of "protected personal identifier information", and relettered the succeeding subsections.

The 2011 amendment, effective June 17, 2011, added the definition of "file format" in Subsection B; and relettered the succeeding subsections accordingly.

A private actor that contracts with a governmental entity to perform a public function is subject to the Inspection of Public Records Act. State ex rel. Toomey v. City of Truth or Consequences, 2012-NMCA-104, 287 P.3d 364.

Factors to determine whether a private entity is subject to the Inspection of Public Records Act. — Courts should consider the following factors in deciding whether private entities are subject to the Inspection of Public Records Act: (1) the level of public funding; (2) commingling of funds; (3) whether the activity was conducted on publicly owned property; (4) whether the services contracted for are an integral part of the agency's chosen decision-making process; (5) whether the private entity is performing a governmental function or a function which the public agency otherwise would perform; (6) the extent of the public agency's involvement with, regulation of, or control over the private entity; (7) whether the private entity was created by the public agency; (8) whether the public agency has a substantial financial interest in the private entity; and (9) for whose benefit the private entity is functioning. State ex rel. Toomey v. City of Truth or Consequences, 2012-NMCA-104, 287 P.3d 364.

A private entity was subject to the Inspection of Public Records Act. — Where the municipality acquired a public access channel and adopted an ordinance that required the municipality to be responsible for management of the access channel and to adopt rules, regulations and procedures for the use of the access channel; the municipality contracted with a private entity to operate the access channel; the operation agreement required the private entity to operate the access channel in a manner that was consistent with the ordinance; the municipality funded the private entity with an annual grant that was released to the private entity when it gave the municipality an annual activity plan and budget; the private entity was required to account for how the funds were spent; for a nominal rent, the municipality leased the basement of the municipal civic center to the private entity to use as the public access television center; the municipality had the right to terminate the operating agreement without cause; the operating agreement identified the private entity as an independent contractor and stated that no principal or agent relationship existed between the municipality and the private entity; and the municipality denied plaintiff's request for recordings of city commission meetings that the private entity had recorded and played on the access channel, the private entity was acting on behalf of the municipality in its role as the access channel operational organization, and the recordings of city commission meetings made by the private entity were public records subject to inspection. State ex rel. Toomey v. City of Truth or Consequences, 2012-NMCA-104, 287 P.3d 364.

Definition of "public records" in Public Records Act (14-3-1 to 14-3-16 NMSA 1978) does not apply to section, the Inspection of Public Records Act. State ex rel. Newsome v. Alarid, 1977-NMSC-076, 90 N.M. 790, 568 P.2d 1236.

Faculty salary matters are not public records until the culmination of the contract between the board and the individual; thought processes, or the offer of a contract, are not such a public record as would require public inspection, so that the right to inspect records of the board of regents of a state university on the subject of salary contract negotiations before the task was completed should be denied. Sanchez v. Board of Regents, 1971-NMSC-065, 82 N.M. 672, 486 P.2d 608.

Term "public records" is intended to include all papers or memoranda in the possession of public officers which are required by law to be kept by them. 1966 Op. Att'y Gen. No. 66-131.

Public records. — Elements essential to constitute a public record are that it be made by a public officer and that the officer be authorized by law to make it. 1963-64 Op. Att'y Gen. No. 63-55.