Post by WaTcHeR on Feb 10, 2007 19:02:42 GMT -5
SANTA FE — The state Department of Public Safety has reached an agreement with several newspapers and a government watchdog group over a lawsuit that dealt with the release of information in criminal investigations.
Gov. Bill Richardson's office announced the settlement Friday.
Four state newspapers and the New Mexico Foundation for Open Government filed the lawsuit in 2005. They alleged the Department of Public Safety was violating state law by not releasing documents about fatal shootings by a State Police officer and an Albuquerque firefighter.
The lawsuit said the department violated the Inspection of Public Records Act in handling document requests by The Tribune, the Rio Grande Sun, the New Mexican, the Albuquerque Journal and FOG.
In settling the lawsuit, the Department of Public Safety agreed to make public certain documents related to criminal investigations. The agency also agreed to clarify its policies that govern the release of future documents.
The Governor's Office said the agreement sets "consistent" guidelines for the department to follow when responding to requests for information from law enforcement records. However, no details were released on those guidelines.
"This agreement is good for New Mexico because it strikes a good balance that allows for an open and transparent government while protecting the integrity of law enforcement investigations," Richardson said in a statement.
Public Safety Secretary John Denko said settlement of the lawsuit means the agency "can now spend more time on law enforcement and stopping criminals."
The lawsuit was filed in Bernalillo County District Court.
"By refusing to disclose the documents requested, DPS is attempting to keep secret matters of significant public concern involving the potential misconduct of a State Police officer and an Albuquerque firefighter in direct violation of its obligation to disclose such information under the Inspection of Public Records Act," the lawsuit said.
The newspapers and the foundation sought documents involving the September 2004 killing of a Chimay¢ man by State Police during a drug investigation, and the July 2004 shooting death of a man near Cochiti Lake by an Albuquerque firefighter.
The requested documents included police incident reports, such as those naming the officer involved in the shooting of Chimay¢ resident Leo Lopez, as well as a transcript of a 911 call by the firefighter reporting the killing of Robert Scott Massey near Cochiti Lake.
In some instances, the department provided documents but deleted information, such as names of the State Police officer and firefighter. The deletion of that information, the lawsuit said, constituted denials, "in whole or part," of the public records requests.
The lawsuit also said the agency wrongfully denied records requests and missed deadlines for responding to some requests for documents.
The department gave differing reasons for denying separate requests by the newspapers and the foundation for some of the same documents.
In denying certain requests, the department claimed documents were protected by "executive privilege." In other instances, the department contended that documents were exempt from disclosure to protect law enforcement investigative materials or procedures or an individual accused but not charged with a crime.
www.abqtrib.com/news/2007/feb/10/dps-reaches-agreement-case/
Gov. Bill Richardson's office announced the settlement Friday.
Four state newspapers and the New Mexico Foundation for Open Government filed the lawsuit in 2005. They alleged the Department of Public Safety was violating state law by not releasing documents about fatal shootings by a State Police officer and an Albuquerque firefighter.
The lawsuit said the department violated the Inspection of Public Records Act in handling document requests by The Tribune, the Rio Grande Sun, the New Mexican, the Albuquerque Journal and FOG.
In settling the lawsuit, the Department of Public Safety agreed to make public certain documents related to criminal investigations. The agency also agreed to clarify its policies that govern the release of future documents.
The Governor's Office said the agreement sets "consistent" guidelines for the department to follow when responding to requests for information from law enforcement records. However, no details were released on those guidelines.
"This agreement is good for New Mexico because it strikes a good balance that allows for an open and transparent government while protecting the integrity of law enforcement investigations," Richardson said in a statement.
Public Safety Secretary John Denko said settlement of the lawsuit means the agency "can now spend more time on law enforcement and stopping criminals."
The lawsuit was filed in Bernalillo County District Court.
"By refusing to disclose the documents requested, DPS is attempting to keep secret matters of significant public concern involving the potential misconduct of a State Police officer and an Albuquerque firefighter in direct violation of its obligation to disclose such information under the Inspection of Public Records Act," the lawsuit said.
The newspapers and the foundation sought documents involving the September 2004 killing of a Chimay¢ man by State Police during a drug investigation, and the July 2004 shooting death of a man near Cochiti Lake by an Albuquerque firefighter.
The requested documents included police incident reports, such as those naming the officer involved in the shooting of Chimay¢ resident Leo Lopez, as well as a transcript of a 911 call by the firefighter reporting the killing of Robert Scott Massey near Cochiti Lake.
In some instances, the department provided documents but deleted information, such as names of the State Police officer and firefighter. The deletion of that information, the lawsuit said, constituted denials, "in whole or part," of the public records requests.
The lawsuit also said the agency wrongfully denied records requests and missed deadlines for responding to some requests for documents.
The department gave differing reasons for denying separate requests by the newspapers and the foundation for some of the same documents.
In denying certain requests, the department claimed documents were protected by "executive privilege." In other instances, the department contended that documents were exempt from disclosure to protect law enforcement investigative materials or procedures or an individual accused but not charged with a crime.
www.abqtrib.com/news/2007/feb/10/dps-reaches-agreement-case/