Requesting public documents

Requesting public information is easy, and it’s your right. You don’t have to tell anyone why you want the information, and you can always review public documents for free. (If you want copies, you’ll probably have to pay for them.)

Follow these simple steps to become a citizen watchdog in your community. Questions? Contact FOG at (505) 764-3750, (888) 843-9121 or info@nmfog.org.

State and Local Records

Quick synopsis: just write a letter!

1.      Figure out which local or state agency has the information you want. (Need federal records? Skip down to the next set of instructions.)

2.      Call the agency’s main number and ask: Who is your records custodian? Get the custodian’s name, title and contact information.

3.      Think about which documents would likely contain some or all of the information you want. If you’re not sure, ask the records custodian.

4.      Write a letter requesting the documents, and address it to the records custodian. Include your name, address and phone number. If you want to be extra clear, state that you are making your request “under the New Mexico Inspection of Public Records Act.” That’s the state law that applies to state and local records. View a sample request letter here.

Note! State and local agencies must accept e-mail requests.

5.      That’s it! In New Mexico, a written request triggers a series of legal obligations for the government. Upon receiving your request, the records custodian must:

·         Provide the records immediately, or as soon as practicable.

·         Send a letter after 3 business days if the records are not ready yet.

·         Provide the records or send a written denial within 15 calendar days. (If your request is deemed very broad or labor-intensive, the custodian may ask for additional time.)

·         Provide reasonable facilities to make or furnish copies of the records. You can pay for the agency to make copies for you (up to $1/page) or you can bring a portable scanner or camera to make “copies” yourself.

6.      If the custodian doesn’t fulfill these obligations, call or send a follow-up letter. Open communication is key.  

7.      Receive a denial? Contact FOG at (888) 843-9121 or info@nmfog.org for advice. You can also read the Attorney General’s IPRA Compliance Guide to see if the reason for denial seems legitimate.

Federal Records

Quick synopsis: just write a letter!

1.      Figure out which federal agency has the information you want.

2.      Call the agency or visit its website and track down the Chief FOIA officer. (FOIA = Freedom of Information Act)

3.      Think about which documents would likely contain some or all of the information you want. If you’re not sure, ask the FOIA officer.

4.      Write a letter requesting the documents, and address it to the FOIA officer. (If the records you want are in a local field office, it’s a good idea to send separate requests to Washington and the field office.) The Reporters’ Committee for Freedom of the Press has a handy FOIA Letter Generator.

Note! Federal agencies must accept e-mail requests.

5.      That’s it! Be mindful that successfully obtaining federal documents can take years. By law, agencies are required to respond within 20 days, but that rarely happens in practice. For a detailed guide to the nuts and bolts of real-world FOIA requests, check out RCFP’s Federal Open Government Guide.

More questions?

Check out our Resources page or send an e-mail to info@nmfog.org.