Albuquerque, NM --- In a groundbreaking civil action, plaintiff Thomas Newsome filed a lawsuit against the University of New Mexico (UNM), alleging systemic violations of the New Mexico Records Management Act and the Inspection of Public Records Act (IPRA).  The complaint asserts that UNM failed to meet its legal "duty to document" evidence of the public activities of the institution, resulting in the denial, delay, and obstruction of Newsome's lawful right to access government records.

According to the lawsuit [attached below], filed Thursday in Bernalillo County District Court, UNM's chronic failure to create, manage, and preserve essential public records undermines the openness and accountability owed to the citizens of New Mexico, creating a "transparency vacuum."

Newsome contends that UNM's actions represent not only a breach of its statutory obligations under the Records Management Act but also a disregard for the public's right to observe and evaluate how public resources are managed. "If public records do not exist because they were not created in the first place under the Records Management Act, they can never be disclosed if requested later under the IPRA," Newsome said.

"This case is about more than just a few missing documents," Newsome said. "It's about the fundamental right of New Mexicans to know how their public institutions operate. The 'duty to document' is the foundation of transparency. Without it, IPRA is rendered toothless."

The suit argues that UNM's lack of compliance with the Records Management Act makes it impossible to identify, locate, retrieve, or verify the existence of records responsive to lawful IPRA requests.  This, Newsome alleges, has caused undue delays and outright denials of information that the public has a right to access under the IPRA. 

The case seeks declaratory and injunctive relief affirming that UNM's failure to meet its documentation duties constitutes a violation of the Records Management Act, and requests that the court compel UNM to adopt lawful records management policies ensuring transparency going forward through robust record-making and record-keeping procedures in a "Corrective Action Plan."

This action marks the very first instance in New Mexico where the courts are being asked to clarify the intersection between the Records Management Act and the IPRA, potentially setting a new precedent for how all public institutions create, maintain, and disclose public records.

About Thomas Newsome

Newsome set the precedent for disclosure of public records in New Mexico in 1977 while he was still a journalism student at UNM.  Newsome v. Alarid, 1977-NMSC-076, 90 N.M. 790, 568 P.2s 1236. He was a reporter on the Albuquerque Journal, the Sandpoint (Idaho) Daily Bee, the Spokane Spokesman-Review, and the Wichita Falls Times. He is now retired.  He is a transparency advocate and citizen litigant committed to ensuring accountability in public administration, especially through access to public records.  He has consistently pressed for stronger enforcement of public records laws in New Mexico for decades.