NM Appeals Court Orders Disclosure of Records in Police Case By Barry Massey/The Associated Press Tuesday, 17 August 2010 13:30 Court rules citizen complaints against police are public records and subject to public disclosure SANTA FE -- Citizen complaints brought against police are subject to public disclosure, according to a state Court of Appeals ruling that reinforces a New Mexico sunshine law granting access to government records. The court ruled against the state Department of Public Safety, which refused to release complaints against one of its law enforcement officers on grounds that they were confidential personnel records. In a unanimous ruling on Monday, the court disagreed and said the complaints were not covered by exceptions in the Inspection of Public Record Act that provide for the confidentiality of "matters of opinion in personnel files" and "letters of reference concerning employment." At issue was a public records request filed by a former captain with the state Motor Transportation Police Division, Charles Cox, who was fired in 2005 for making a racist comment about a patrolman who was black and for discrimination against a female employee. In 2006, Cox requested complaints that citizens had brought against the patrolman. Cox sued the department for not releasing the records and he contended that his firing was retaliation for exercising his right to free speech. A federal court ruled against Cox's civil rights lawsuit but sent the public records ...
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