As Gov. Susana Martinez cruises toward what many predict will be her certain reelection, three separate lawsuits alleging that her office violated public records law remain unresolved. <\/p>\n
Among them is a case SFR filed in September 2013, accusing her administration of withholding public documents and engaging in a campaign of retaliation against the newspapers critical coverage. A court-ordered mediation is set for Nov. 20 and a number of motions are pending before District Court Judge Jennifer Attrep. <\/p>\n
Though the litigation will likely stretch far beyond Election Day, the cases are shedding light on the loose methods the governors office employs to handle public records. <\/p>\n
One case in point is that of former New Mexico Finance Authority head Rick May, who sued the governor for failure to produce public records related to his firing after his comptroller faked an audit. Paul Kennedy, a former state Supreme Court justice now representing Martinez as a contract lawyer, argued that the governors records custodian, Pamela Cason, keeps minimal records when she gathers documents for a public document request. <\/p>\n
Mays attorney wanted the custodian to hand over her file of a particular records request to reveal the sequence of events when the governors office conducts research for such requests. <\/p>\n
He thinks theres a folder someplace that shows all this information. Theres not, Kennedy said in court. <\/p>\n
But Casons own statements in SFRs case tell otherwise. When attorney Daniel Yohalem deposed her in August on behalf of the newspaper, Cason frequently talked about how she keeps a physical file for each records request. <\/p>\n
When we receive a request, we e-mail it out to the staff, and everybody in the office is included on that e-mail, she explained. They are then asked to respond. We have a three-day and a 15-day [response deadline], which I calendar because we dont want to miss those deadlines. And as we get the documents in or responses that there are not any documents, then I keep them in a file. <\/p>\n
Cason also revealed that she deletes some of her own government emails because she views them as transitory and not public. <\/p>\n
I know personally, as many e-mails as I get on a daily basis, if I didnt erase some emails, I would have thousands and thousands that would make no sense to keep, Cason said. <\/p>\n
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