A Torrance County couple is suing the Town of Edgewood for $44,100, alleging Inspection of Public Records Act violations after the couple’s dog went missing from their backyard.
The lawsuit was filed in First Judicial District Court on June 3, and it alleges no records were provided when requested, an inspection of the records was not allowed within three business days and the town did not allow inspection or otherwise respond to the request within 15 calendar days from when it originated.
A complaint form was filed with the Office of the Attorney General, which now goes by the New Mexico Department of Justice (NMDOJ), on April 19.
After the complaint was filed, the NMDOJ ordered town officials who deal with IPRA-related issues to take training classes because of repeated complaints.
Before the lawsuit was filed, the NMDOJ sent several letters to the Town of Edgewood regarding IPRA laws and compliance.
Officials with the town could not comment due to the pending litigation.
The circumstances
On Feb. 28, 2023, Jeff Bustamante filed an IPRA request seeking a report from when his dog was taken to the pound in Santa Fe County. The town clerk allegedly told him there was no report.
According to the lawsuit, the Bustamantes claim their dog was stolen from their property at 6:30 a.m. Feb. 6, 2023. The dog, a great white Pyrenees, was picked up at Edgewood Animal Control later that day by Bustamante.
On Feb. 21, Bustamante went to the Edgewood Police Department and filled out a form requesting information about who picked up his dog and he was referred to Santa Fe County Dispatch.
On Feb. 28, the lawsuit states, Bustamante submitted an IPRA request to the Town of Edgewood to find out who picked up his dog.
On March 9, he went to the clerk’s office to inquire about his report and was told that “there was nothing to report, therefore no report.”
DOJ response
On March 18, the Government Counsel and Accountability Division (GCA) of the NMDOJ inquired about the town’s denial of Bustamante’s request.
On May 9, the DOJ sent the town another letter stating that due to their lack of response, they were likely in violation of IPRA and their own town ordinance which states if an animal is picked up and put in the pound, they have to keep record of it.
The NMDOJ also stated that due to repeated complaints received by the GCA regarding IPRA compliance in Edgewood, all town employees with IPRA compliance responsibilities and supervisory responsibilities were required to take IPRA training.
According to Linda Burke, Town of Edgewood public information officer, two people have filed IPRA violation complaints with the DOJ in the past year against the town.
Release of records
On May 14, the NMDOJ sent a letter to the Town of Edgewood stating that they had received responsive records regarding Bustamante’s IPRA request and had also spoken with Town Commissioner Jerry Powers about the issue.
The letter states that Powers acknowledged the delays in responding to Bustamante’s request and attributed them to the turnover in personnel tasked with IPRA compliance.
The GCA stated that this matter was now closed because records had been received, but all records regarding this issue are subject to inspection.
On May 14 the Bustamantes received the public records requested.