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Insurance is covering some New Mexico public records violations Mike Gallagher, Albuquerque Journal © Maximusnd, Getty Images/iStockphoto Stock image. ALBUQUERQUE - Local and state government agencies paid more than $1.2 million in penalties and legal fees in 2019 for failing to follow the state s Inspection of Public Records Act, according to the New Mexico Foundation for Open Government. But some of those legal fees and some of the penalties didn t come out of the local government or state agency budgets. Instead, they were covered by insurance something that has open government advocates concerned. By covering the costs for withholding documents, insurance gives those entities no incentive to comply with the law,  Santa Fe attorney Daniel Yohalem said in an interview. They are withholding too many records because they figure the cost is free.

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