May 18, 2012 Continuing Legal Education Seminar

Public Access to Government:

Understanding and Implementing New Mexico's Public Records and Open Meetings Laws

Register Now! Cost: $199 for FOG members

$249 for non-members

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AGENDA

8:30 AM: Registration

9 – 10:30 AM: Overview of the Inspection of Public Records Act, 14-2-1 to 14-2-12. 

• Scope of the Act
  • What constitutes a public record
  • Which records are we talking about
  • Which entities are subject to the Act
  • Exceptions
    • General principles and commonly-used exceptions
    • Understanding the difference between exempt and confidential
    • Basic requirements and procedures for public bodies
      • Responding to requests, posting notice, forwarding requests, dealing with different formats, adopting copy fees, issuing denials
      • Practical considerations and tips for dealing with requesters
      • Addressing disputes and violations
        • Enforcement mechanisms and potential consequences

10:30 – 10:45 AM: Break

10:45 – 11:45 AM: Case Studies & Hot-Button Issues Involving the Inspection of Public Records Act

• Personnel records after Cox v. DPS
  • Are complaints against government employees public?
  • Electronic public records
    • Recent updates to the Act, lawsuits regarding county property records
    • Issuing denials: Albuquerque Journal v. DOT
      • Sins of omission and other violations
      • Requests through an agent: the “Water Haulers” case
        • Who has standing to sue for enforcement?

11:45 – 12:45 Lunch

12:45-1:45 PM: Overview of the New Mexico Open Meetings Act, 10-15-1 to 10-15-4.

10-15-1

• Scope of the Act
  • Which public boards and committees are subject to the Act
  • What constitutes a meeting
  • Phoning it in: Do conference calls count
  • Basic requirements for public bodies
    • Complying with the public notice requirement
    • What information needs to be listed in the agenda
    • Minimum requirements for keeping minutes
    • Closing a meeting
      • Exemptions within the Act
      • Specific applications of exemptions
      • Rules for closing meetings
      • Addressing violations
        • Curative action
        • Enforcement mechanisms
        • Potential consequences of violations

1:45—2:00 PM Break

2:00 – 2:45 PM: Case Studies and Hot-Button Issues Involving the Open Meetings Act

• Invalid actions: Palenick v. City of Rio Rancho
  • Can corrective action re-write history
  • Meeting via phone, email or social media: Farmington & Las Vegas
    • Rolling quorums and how to avoid them
    • Recent updates to the Act

2: 45—3:00 PM Break

3:00—4:00 PM: The First Amendment and Open Meetings

• Restricting speech in limited public forums
  • How to maintain order without infringing on constituents’ constitutional rights
  • Checklist for compliance

4 PM -- 5 PM: Open Government, Ethics and Professionalism

• Working for the government in the real world: balancing politics with professionalism
• Navigating ethical issues for attorneys advising public bodies

SEMINAR FACULTY

Charles R. Peifer is a partner at Peifer, Hanson & Mullins, P.A. As a the Chief Assistant Attorney General of New Mexico he supervised the work of the 30 lawyers in the Attorney General's four civil law divisions and represented executive agencies and members of the judiciary in the State Supreme Court. Before joining the Attorney General's Office, he practiced at Rodey, Dickason, Sloan, Akin & Robb, P.A. Chuck is an honors graduate of The Johns Hopkins University and a magna cum laude graduate of Cornell Law School.  He served as a member of the Supreme Court of New Mexico's Committee on Uniform Jury Instructions for Civil Cases from 1995-2003 and chaired that Committee from 2004 - 2007.   He has served as an adjunct faculty member for the University of New Mexico’s Law School Evidence and Trial Practice Program. He is a member of the board of directors of the New Mexico Foundation for Open Government. 

Charles “Kip” Purcell is a director at the Rodey Law Firm with extensive experience in media law, legal malpractice, appellate litigation, and general litigation. Before joining the firm, Mr. Purcell was law clerk to the Honorable Ruth Bader Ginsburg, United States Court of Appeals for the District of Columbia Circuit. He was also a member of the Harvard Law Review from 1982 to 1984, and was executive editor of that journal from 1983 to 1984. He has achieved the highest Martindale-Hubbell rating, and is listed in The Best Lawyers in America for his expertise in appellate practice law, Bet-the-Company litigation, commercial litigation, legal malpractice law-defendants, litigation-First Amendment and medical malpractice law-defendants. He is the immediate past president of the New Mexico Foundation for Open Government. 

Kent Walz is the editor of the Albuquerque Journal who has been in the news business for more than 40 years. A graduate of Western New Mexico University and the University of New Mexico School of Law, he began his newspaper career at the Silver City Daily Press and was editor of the Lordsburg Liberal before going to work with the Associated Press. He joined the Albuquerque Journal in 1985 and became editor in 1995. Walz is a member of the executive committee of the New Mexico Foundation for Open Government and the Bench-Bar-Media Committee, and is a past president of the New Mexico Press Association. He has taught many judicial and media seminars. 

Robert M. White joined Robles, Rael & Anaya, P.C. after a 16-year tenure as the city attorney for the City of Albuquerque, where he managed one of the state's largest litigation. White received the Lifetime Achievement Award from the (MRCOG) Mid Region Council of Governments in 2010. He also was named Outstanding Attorney by the Albuquerque Bar Association in 2009, is the 2008 recipient of the William S. Dixon First Amendment Freedom Award (Government) awarded by the New Mexico Foundation for Open Government, and received the 2004 Public Lawyer of the Year Award by the New Mexico State Bar. He serves on the board of directors of the New Mexico Foundation for Open Government. He has taught many Continuing Legal Education courses.

Gregory P. Williams has more than 16 years of litigation experience, with a special focus on media law and governmental entity defense. He is a member and former President of the board of directors of the Alumni Association of the University of New Mexico School of Law and a member of the executive committee of the New Mexico Foundation for Open Government. Before joining Peifer, Hanson & Mullins, P.A., he practiced at Dines & Gross, P.C. He has degrees from Princeton University (B.A. 1991) and the University of New Mexico (J.D. 1995). While at the University of New Mexico, he was the Editor-in-Chief of the New Mexico Law Review.