Inspection of Public Records Policy
Pursuant to the Inspection of Public Records Act NMSA 1978, Section 14-2-1. Every person has a right to inspect public records of this governmental entity unless exempted under the law.
Custodian means any person responsible for the maintenance, care, or keeping of a public body's records, regardless of whether the records are in that person's actual physical custody and control.
The Village Council designates the Village Clerk to serve as the Records Custodian for the Village of Melrose. Other employees may, on behalf of the Village Clerk, furnish public records for inspection or otherwise respond to requests to inspect public records.
If a person requesting an inspection would like a copy of a public record, a reasonable fee may be charged. The fee for printed documents is $1.00 per printed page. The fee for downloading copies of public records to a USB or other electronic storage device ranges between $5 and $10 in addition to the cost of the device. If a person requests that a copy of a public record be transmitted, a fee of $1.00 per page will be charged if printing of the record is required. Applicable fees for copying/downloading public records must be paid in advance. A receipt indicating that the fees have been paid will be provided upon request to the person requesting the copies.
1. Submit all requests to inspect public records to: clerk@villageofmelrosenm.com
2. Any person wishing to inspect public records may submit an oral or written request to the custodian. The failure to respond to an oral request shall not subject the custodian to any penalty.
Village Clerk
105 E Ave. B
PO Box 235
Melrose, NM 88124
Fax 575-253-4260
3. Nothing in the Inspection of Public Records Act shall be construed to require a public body to create a public record.
4. A written request shall provide the name, address, and telephone number of the person seeking access to the records and shall identify the records as accurately as possible. No person requesting records shall be required to state the reason for inspecting the records.
5. The custodian shall permit the inspection of the requested information immediately or as soon as is practicable under the circumstances, but not later than 15 days after receiving a written request.
6. If the inspection is not feasible within 3 business days, the custodian shall explain, in writing, when the records will be available for inspection or when the public body will respond to the request. The 3-day period shall not begin until the written request is delivered to the office of the custodian.
7. In the event that a written request is not made to the custodian having possession of or responsibility for the public records requested, the person receiving the request shall promptly forward the request to the custodians of the requested public records, if known, and shall notify the requester. The notification to the requester shall state the reason for the absence of the records from that person's custody or control, the record's location, and the name and address of the custodians, if known.
8. In some instances, a record will contain information that is exempt from the right to inspect as well as information that must be disclosed. The Act requires the custodian to separate out the exempt information in a file or document before making the record available for inspection.
9. The custodian shall provide a copy of a public record in electronic format if the public record is available in electronic format and an electronic copy is specifically requested. However, the custodian is only required to provide the electronic record in the file format in which it exists at the time of the request.
10. If the custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed to comply with the request. The custodian shall provide written notification to the requester within 15 days of receipt of the request that additional time will be needed to respond to the written request. The requester may deem the request denied and may pursue the remedies available pursuant to the Inspection of Public Records Act if the custodian does not permit the records to be inspected in a reasonable period of time.
11. A charge of $1.00 per printed page for copies and $5-10 per download to a USB or other electronic storage will apply, plus the cost of the USB device. The charge of $1.00 per page will apply if printing of the requested document is required for electronic transmission. Payment will be required in advance.
12. Unless a written request has been determined to be excessively burdensome or broad, a written request for inspection of public records that has not been permitted within 15 days of receipt by the office of the custodian may be deemed denied.
13. If a written request has been denied, the custodian shall provide the requester with a written explanation of the denial. The person requesting the public records may pursue the remedies provided in the Inspection of Public Records Act. The written denial shall:
14. An action to enforce the Inspection of Public Records Act may be brought by:
15. The court shall award damages, costs, and reasonable attorneys' fees to any person whose written request has been denied and is successful in a court action to enforce the Inspection of Public Records Act.
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