“How slow can you go?” asks the New Mexico Foundation for Open Government today in regard to the fulfillment of two information requests for public records. There’s a climate of obstruction and secrecy in state government, the group says, which is why it’s requested permission to submit briefs as a friend of the court in two pending cases.

From a release issued today:

In one case, Frank Foy requested public investment documents from the State Investment Council and the Educational Retirement Board – months before it was reported that those agencies were under scrutiny by the federal government. Nearly a year later, Foy is still negotiating the terms of the documents’ release.

In another case, a water users’ association requested public information through its attorney, for fear that revealing its identity would have negative consequences. The request was denied, and state district and appeals courts have ruled that the association doesn’t have the right to sue since its name never appeared on the request.

Foy’s case is pending in a state District Court, and the New Mexico Supreme Court will now decide whether to hear the water association’s case.

The group’s brief in the Foy case emphasizes the need for timeliness in releasing public information and that it should be done electronically when possible. It also says that requestors of  information should be given the information without being watched over in the process by government employees.

“Information delayed is information denied,” NMFOG Executive Director Sarah Welsh said in the statement. “These cases show how difficult and even frightening it is for citizens to hold their government accountable when they’re up against the considerable resources and legal power of state entities.”

“Under the current administration, the public is often deprived of public information unless individual requestors are willing to seek enforcement of (the Inspection of Public Records Act) through the courts,” the Foy brief states.