What is IPRA?

The New Mexico Inspection of Public Records Act (IPRA) is built on the United States’ historical position that the records of government are “the people’s records.” IPRA provides citizens with steps to take in order to request records "regarding the affairs of government and the official acts of public officers and employees" while protecting certain specific types of records from release. It also establishes a legal process to enforce compliance.

Who can make a request for public records?

Any "person" can request public records. The request can be made by phone, letter or electronically. Eddy County provides an efficient electronic method for requesters to utilize in requesting public records and requests that all requestors utilize the IPRA portal via https://eddycountynm.nextrequest.com/requests/new The requester cannot be required to explain why the public records are being requested. Often, however, a voluntary discussion with the Custodian about the requester’s purpose or interest in seeking certain information can aid the Custodian in locating and producing responsive records. While an individual is not required to submit a request in writing, Eddy County encourages the requestor to submit a written request in order to minimize any confusion regarding the request.  The deadlines and procedures set forth in the law and applicable to written requests do not apply to oral requests.  

What is a "public record"?

Except those records that are identified as exempt under the New Mexico Inspection of Public Records Act, or the release of which is otherwise prohibited by law, IPRA describes "public records" as follows:

 "all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained." NMSA Section 14-2-6(G)

 How can an individual make a public records request to Eddy County?

 NMSA § 14-2-8 Procedure for Requesting Records

"Any person wishing to inspect public records may submit an oral or written request to the custodian. However, the procedures set forth in this section shall be in response to a written request. The failure to respond to an oral request shall not subject the custodian to any penalty."

Public record requests can be made directly to Eddy County’s Custodian of Public Records by mail, email or phone during normal business hours or at https://eddycountynm.nextrequest.com/requests/new.

Eddy County Clerk’s Office

Attn: Records Custodian

325 S Main St

Carlsbad, NM 88220

What is Eddy County’s response time?

The Custodian will acknowledge the request within three (3) business days, and will strive to respond no later than fifteen (15) calendar days after receiving the request. If the Custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed to comply with the request. The Custodian shall provide written notification to the requester within fifteen (15) calendar days of the receipt of the request that additional time will be needed.

Can an individual inspect a public record in person?

Yes. An individual may inspect records at a mutually convenient time arranged during the Custodian's business hours. However, if the person also would like copies of records and such records cannot be readily copied due to the volume of the records, the requestor may return at a later date to collect copies or make arrangements for copies to be mailed to the requestor.

Is there a fee for gathering information to fulfill the request?

As permitted by IPRA, Eddy County will charge for copying, scanning, redacting and transmitting records in accordance with Eddy County’s fee schedule determined by statute. A receipt indicating that the fees have been paid for making copies of public records will be provided upon request to the person requesting the copies.

Fee Schedule:

Eddy County, through its Records Custodian, will charge a fee for copies of records provided in response to public records requests. Eddy County’s fees are reasonable and consistent with the requirements of the Inspection of Public Records Act (IPRA), § 14-2-1 et seq. and the New Mexico Attorney General’s IPRA Compliance Guide.

Hard Copies

Copies (letter and legal)                    $.50 per page

Color copies (letter and legal)          $1.00 per page

Copies (11x17)                                    $1.00 per page

Map copies (24x36)                           $10.00 per page (color, one-sided)

Map copies (36x48)                           $12.00 per page (color, one-sided)

Other Fees:

Digital media                                     $5.00 per CD/DVD

Flash Drive                                         $6.75 per thumb drive

Transmission fees:                            U.S. Mail-actual postage

FedEx/UPS-actual costs (if express)

Fax ($.35/page)

Production fees                                  $.35 per minute for redaction/burdensome requests

Electronic Records

Charges for electronic records provided to the requestor on a computer disk, thumb drive or other storage device will be the cost of the device ($5.00 for a computer disk (CD/DVD) and $6.75 for a thumb drive).

Transmission Fees

Any postage or other cost associated with transmission of copies will be charged to the requestor. In addition to the fees noted above, requestors are charged the actual costs of transmitting the records by mail (actual postage) FedEx/UPS (actual cost), or facsimile (35¢ per page).

Advance Payment Required Before Copies Are Provided

Eddy County requires advance payment of fees, either by cash or credit card, before copies are provided to the requestor. Cash payments must be made or mailed to the Eddy County Clerk’s Office located at 325 S Main St, Carlsbad, NM, Attn: Records Custodian. Credit card payments can be made directly to the Eddy County attorney’s office by calling 575-885-4171. Eddy County is currently working to establish a payment option available on its IPRA website.

Inspection of Records at Eddy County Department(s)

Requestors may arrange for the inspection of records at Eddy County Department offices at no charge. However, if requestors wish to receive copies of public records, the fee schedule set forth above will apply.

What if Eddy County, or any of its departments, receive a public records request?

The Eddy County department should immediately contact Eddy County's Custodian of Public Records to coordinate a response and should send the request to the Custodian as soon as practicable.