Rio Grande Foundation Settles Public Records Lawsuit Against City of Albuquerque

For Immediate Release: July 19, 2021

For further information, contact: Patrick Brenner (505) 377-6273

After eighteen months of litigation and negotiation, the Rio Grande Foundation is pleased to announce the settlement of the lawsuit related to the City of Albuquerque’s lack of transparency and openness. The actions of Mayor Tim Keller’s administration and City Clerk Ethan Watson have proven to be antithetical to the principles of open government.

The voters of Albuquerque defeated Democracy Dollars in November of 2019, and the Rio Grande Foundation’s exposure of numerous flaws in the proposal played a pivotal role in the downfall of the ballot measure. Furthermore, the Foundation filed an ethics complaint against Mayor Tim Keller for his use of the City’s website (CABQ.gov) in which he specifically called for voters to approve Democracy Dollars. Mayor Keller’s actions were found to be in violation of city ordinance by the Board of Ethics and Campaign Practices.

Following the ethics complaint, the Rio Grande Foundation requested a reasonable collection of text messages and emails sent to and from specific city employees leading up to the posting of Mayor Keller’s pleas on the city’s website to vote “YES”.

The public records request was filed under New Mexico’s Inspection of Public Records Act and was accepted by the City in December of 2019. After dutifully paying the invoice to receive these records, the City of Albuquerque failed to provide all responsive records for over ten months. Patrick Brenner, the Foundation’s policy analyst, filed the original request.

On May 12, 2020, after exhausting all other avenues to obtain these public records, which included assistance from the New Mexico Foundation for Open Government when Director Melanie Majors sent a letter of complaint to no avail, the Rio Grande Foundation filed a legal complaint in District Court against the city.

Repeated requests from the Foundation to confirm that these records were not being deleted had been continually ignored by Ethan Watson, City Clerk, and the Custodian of Records, Yvette Gurule.

During mediation, the Foundation also tried to address the city’s responsiveness to open government requests. After being presented with specific policy recommendations, the city refused to improve the process, leaving in place the glaring problems that resulted in the months-long delays. Rather, the city offered a sizable settlement that the Rio Grande Foundation will use to further its open government advocacy and transparency efforts.

In the interest of transparency, the Rio Grande Foundation is making the settlement agreement available here.

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