EVERYONE HAS A RIGHT TO INSPECT ANY PUBLIC RECORD OF THE CITY OF LAS CRUCES EXCEPT:
- Records concerning physical or mental examinations and medical treatment
- Letters of reference concerning employment, licensing or permits
- Matters of opinion in personnel files
- Law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime and cases in which the investigation has not been complete
- As provided by the Confidential Materials Act
- Protected Personal Identifier Information
- As otherwise provided by law
PROCEDURES FOR REQUESTING RECORDS
- An oral or written request is made to the custodian of record. The City Clerk is the custodian of record for the City of Las Cruces. If a record is readily available where it is created, stored or maintained, the request may be made in that office.
- A written request shall provide the name, address and telephone number of the person requesting review of records. Records shall be identified as accurately as possible.
- Inspection will be granted immediately or when is practicable under circumstances, but no later than 15 days.
- If the inspection is not granted within three business days, you will receive notification from the custodian of record telling you when it will be available.
- Confidential information in a specific record will be redacted or removed.
- The City of Las Cruces is not required to create a record that does not exist.
- Excessively burdensome requests may take longer than 15 days. If time extends past 15 days, you will receive notification from the custodian of record telling you when it will be available.
- If your request to inspect records is denied, you will receive notification from the custodian of record explaining the denial.
- If the custodian of record does not deliver the records requested or denied the inspection of the records incorrectly, a penalty may be imposed on the City.
- Actions to enforce the Inspection of Public Records Act are taken by the Attorney General or District Attorney.
FEES FOR REPRODUCTION OF PUBLIC RECORDS
- ROUTINE PAPER COPIES OF DOCUMENTS: $0.50 PER PAGE
- PAPER COPIES OF POLICE REPORTS: $2.00 FOR INITIAL REPORT; $0.50 FOR EACH SURFACE COPY
- CD PROVIDED BY CITY CLERK'S OFFICE: $5.00
- VIDEO PROVIDED BY CITY CLERK'S OFFICE: ACTUAL COST FOR DEVICE
- SHIPPING/MAILING DOCUMENTS: ACTUAL COST FOR POSTAGE
In order to obtain medical information from any document of record, a signed and notarized IPRA and/or HIPAA waiver of confidentiality under statute will need to be provided from the patient or their legal designee.