The Board recognizes the right of the public to information concerning its actions, its policies, and the details of its educational and business operations. The Superintendent is appointed the custodian of public records and may delegate this duty as necessary. The custodian of records shall follow the directives of 14-2-7 NMSA (1978) in providing access to public records including the posting in a conspicuous place at the administrative office of the district the proper notice of a person's rights and the procedures.
The office of the Superintendent will be open to receive requests for records inspection or copying during normal business hours on Monday through Friday.
Requests for access to records shall be made in writing (which may include electronic communication such as e-mail or facsimile) directed to the office of the Superintendent. Any written communication should contain the name, address and telephone number of the requestor and should state the record required with reasonable particularity.
The Superintendent may permit access to, or provide for the copying of, the records requested within a reasonable period of time following receipt of the written request (fifteen [15] days) or will provide an explanation of a cause for delay if the records are not available and will give notification of the time the records will be available, or, may deny access if there is no record to match the request. If the inspection of the requested records is not permitted within three (3) days the Superintendent will explain in writing when the records will be available for inspection or when the Board will respond to the request.
Requirements of access and inspection apply only to existing records and do not require creation of new records. Public inspection of a document that otherwise would be a public record may be denied by the Superintendent if (1) the record is made confidential by statute, or (2) the record involves the privacy interests of persons. If a public record contains material that is not subject to disclosure, the District will delete such material and make available to the requester such material in the record as is subject to disclosure.
Records contained on a computer will be provided only in the form in which the information can be made available using existing computer programs.
Copies of radio or recording tapes of discs, video or films, pictures, slides, graphics, illustrations, or similar audio or visual items or devices will not be furnished unless such items or devices have been shown or played at a public meeting of the Board.
A fee shall be levied on each request to cover the cost of making copies, staff time, computer time, etc. Fees will be collected prior to releasing material.
The fees will be based upon the following:
• 10¢ per page for materials indicated as Board minutes, agendas, financial records, contracts, courses of study, or statistical summaries.
• 35¢ per copy for materials not listed above that require additional clerical and/or professional staff time to make available.
• Actual cost, if available, will be assessed.
• Free copies shall be furnished if they are to be used in claims against the United States.
Adopted: August 11, 2009
LEGAL REF.: 14-2-1 to 14-2-12 NMSA (1978)