SANTA FE, N.M. (AP) — A House committee approved a proposal Friday that could protect legislators’ email from being publicly disclosed through requests made under a New Mexico open government law.
The proposed change in legislative rules unanimously endorsed by the Rules and Order of Business Committee will establish a policy for how the Legislature will handle requests under the Inspection of Public Records Act.
Some lawmakers use email only through personal accounts rather than a legislative email system.
House Republican Leader Donald Bratton, of Hobbs, said he viewed the policy as limiting the disclosure of email sent and received by lawmakers involving legislative matters, regardless of whether the email was in a private or government account.
Most communication with constituents or others about the development of legislation should remain confidential, he said.
“We are a citizen Legislature. We are the legislative branch of government. We are not the executive and we are not the judiciary. And for us to be able to accomplish and do our job it requires that we have confidential communications between ourselves and constituents,” Bratton said.
State law provides access to public records with certain exceptions, such as trade secrets and some personnel matters.
The proposed rule states that the House and Senate and their committees “exercise authority collectively and not through the actions of individual members.” That provision, said Bratton, means an individual legislator’s email should be confidential “unless they deal with something that happened in an open meeting,” in a legislative committee or the House and Senate floor.
“The first time I get a request for my emails, it’s probably going to go to court because I’m not going to turn it over,” said Bratton, who sponsored the proposed rule.
House Democratic Whip Antonio “Moe” Maestas, of Albuquerque, said the disclosure of email with constituents could discourage people from communicating with legislators for fear their statements could become public.
“Transparency is communication, telling the voters what’s in our minds and in our hearts. And if we’re hesitant to email our constituents, then that is damaging to our democracy. So I think this is sound public policy,” Maestas said.
The proposal needs approval by the House and Senate before it takes effect.
House Speaker W. Ken Martinez, D-Grants, said he didn’t view the policy as a shield against public disclosure.
“If it’s governmental business email, then it’s subject to IPRA,” Martinez said.
He said he would encourage lawmakers to conduct their legislative business in a separate email account rather than using an account that’s mainly for personal matters.
Gwyneth Doland, executive director of the New Mexico Foundation for Open Government, didn’t oppose the policy but said the group had concerns about whether lawmakers planned to treat themselves differently than how the public records law governs other state and local governmental officials.
She said the foundation would closely monitor how the Legislature implements the policy if it’s approved.
“All we’re trying to do is make sure that the public has a window into the actions of government so they can stay confident that they are upholding the public trust here,” Doland said after the committee meeting.
Republican Gov. Susana Martinez directed state workers last year to only use the government’s email system for conducting public business, which ended her administration’s practice of sending email through private accounts in some instances.
The state GOP requested email of a Senate Democratic leader last year, but no email was released. Democratic and GOP legislative leaders decided that email from a legislator’s nongovernmental account isn’t subject to disclosure.
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Follow Barry Massey at https://twitter.com/bmasseyAP .
