- Responsible Department: Compliance & Communications
- Approving Body: Board of Regents
- Effective Date: 01-JUL-2024
- Review/Revision Date: 12-DEC-2024
PURPOSE:
Western New Mexico University (WNMU) confirms compliance with the New Mexico Inspection of Public Records Act (14-2-1 – 14-2-12 NMSA 1978).
POLICY:
Under the Inspection of Public Records Act, every person has the right to inspect public records of the state, subject to certain exceptions. These exceptions include:
1. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;
2. letters of reference concerning employment, licensing or permits;
3. letters or memorandums that are matters of opinion in personnel files or students’ cumulative files;
4. portions of law enforcement records as provided in Section 14-2-1.2 NMSA 1978;
5. as provided by the Confidential Materials Act [14-3A-1, 14-3A-2 NMSA 1978];
6. trade secrets;
7. attorney-client privileged information;
8. Information concerning information technology systems, the publication of which would reveal specific vulnerabilities that compromise or allow unlawful access to such systems; provided that this subsection shall not be used to restrict requests for:
a. records stored or transmitted using information technology systems;
b. internal and external audits of information technology systems, except for those portions that would reveal ongoing vulnerabilities that compromise or allow unlawful access to such systems; or
c. information to authenticate or validate records received pursuant to a request fulfilled pursuant to the Inspection of Public Records Act
9. submissions in response to a competitive grant, land lease or scholarship and related scoring materials and evaluation reports until finalists are publicly named or the award is announced;
10. as otherwise provided by law
Every employee (adjunct, faculty, staff, or student), student, contractor, visitor, member of the community and/or volunteer should understand that WNMU follows the Inspection of Public Records Act. There is no expectation of privacy or confidentiality with regard to public records, except as specifically provided for in the Inspection of Public Records Act.
The President of WNMU shall designate a person as the custodian of public records, who shall have the duties as set forth in section 14-2-7 of the Inspection of Public Records Act.
Address:
Western New Mexico University
Custodian of Records
P.O. Box 680
Silver City, NM 88062
Online Request: WNMU Public Records Request
REQUESTING RECORDS
A. Any person wishing to inspect public records may submit an oral or written request to the custodian. However, the procedures set forth in this section shall be in response to a written request. The failure to respond to an oral request shall not subject the custodian to any penalty.
B. Nothing in the Inspection of Public Records Act shall be construed to require WNMU to create a public record.
C. A written request shall provide the name, address, and telephone number of the person seeking access to the records and shall identify the records sought with reasonable particularity. No person requesting records shall be required to state the reason for inspecting the records.
D. A custodian receiving a written request shall permit the inspection immediately or as soon as is practicable under the circumstances, but not later than fifteen days after receiving a written request. If the inspection is not permitted within three 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 three-day period shall not begin until the written request is delivered to the office of the custodian.
E. 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 custodian of the requested public records, if known, and 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 records’ location and the name and address of the custodian.
F. For the purposes of this section, “written request” includes an electronic communication, including email or facsimile; provided that the request complies with the requirements of Subsection C of this section.