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Insurance is covering some public records violations

Copyright © 2021 Albuquerque Journal
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.” ....

New Mexico , United States , Rio Rancho , Michelle Lujan Grisham , Richard Valerio , John Boyd , Phillipb Davis , Bryan Biedsheid , Taylor Horst , Daniel Yohalem , Gary King , Marcy Britton , Susana Martinez , Michele Williams , Municipal League , Public School Insurance Authority , Association Of Counties , Mexico Foundation For Open Government , Foundation For Open Government , Mexico County Insurance Authority , Santa Fe Police Department , Public Schools Insurance Authority , Risk Management Division , Ag Office , Public Records Act , New Mexico Foundation ,

Insurance is covering some New Mexico public records violations

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. ....

New Mexico , United States , Rio Rancho , Michelle Lujan Grisham , Richard Valerio , John Boyd , Phillipb Davis , Bryan Biedsheid , Taylor Horst , Daniel Yohalem , Gary King , Marcy Britton , Susana Martinez , Michele Williams , Municipal League , Public School Insurance Authority , Association Of Counties , Mexico Foundation For Open Government , Foundation For Open Government , Mexico County Insurance Authority , Santa Fe Police Department , Public Schools Insurance Authority , Risk Management Division , Ag Office , Istockphoto Stock , Public Records Act ,