The Southwest Public Policy Institute (SPPI) has escalated its nearly two-year legal battle with the City of Albuquerque over the city's potential mishandling of public records requests. 

SPPI issued a subpoena in mid-November to CivicPlus/NextRequest, the company that manages the city’s public records database, seeking access to records that could reveal the potential mishandling, particularly by Albuquerque City Clerk Ethan Watson.

This move follows months of delays and denials from the city, which SPPI claims have obstructed access to public records. SPPI first requested access to the CivicPlus/NextRequest database in December 2022 as part of an investigation into how the city handles public records requests.

Patrick M. Brenner, president of SPPI, said the city's response to the request has been “repeatedly delayed and obstructed.”

“SPPI is seeking access to the City of Albuquerque’s CivicPlus/NextRequest database to verify whether public records requests are being handled in compliance with the New Mexico Inspection of Public Records Act (IPRA),” Brenner told New Mexico Sun.

Despite the city's claims that the request was overly burdensome or that the database could not be located, SPPI has not received the necessary information to determine whether the city is complying with IPRA. 

“Specifically, we are investigating claims that Ethan Watson, the City Clerk, may have targeted certain requests or requesters for intentional delays or denials,” Brenner said. “The database contains critical information on how public records requests are processed, and its disclosure will allow us to conduct a thorough quantitative analysis to determine if the City is failing in its legal and ethical obligations to the public.”

The subpoena seeks records from January 2019 to December 2022, a period SPPI believes will show whether there is a pattern of delays or refusals in providing public records.

Brenner stressed the importance of the information, not only for holding the city accountable but also for protecting the public's right to access government records.

“The Inspection of Public Records Act is very clear: public records, including databases, must be made accessible to the public unless exempt by law,” Brenner said. “While we recognize the challenges of managing a large volume of requests, Ethan Watson and the City of Albuquerque have had ample time—nearly two years—to respond to our request. Instead of complying, they have obstructed the process, forcing us to pursue legal action as a last resort. Transparency is not a burden; it is a fundamental responsibility of government. Efficiently managing records is not only achievable but essential to fostering public trust. Our actions aim to highlight and address systemic issues, ensuring that resources are better allocated to uphold the public's right to know.” 

Brenner's criticism of Watson and the city reflects broader concerns about transparency in Albuquerque.

“This lawsuit underscores a troubling pattern in local government: a disregard for transparency laws and a lack of accountability when officials fail to meet their obligations,” Brenner said. “Transparency is the cornerstone of democracy, and when public entities obstruct access to information, it erodes trust in government. Through this lawsuit, we hope to send Ethan Watson, the City of Albuquerque, and other municipalities a clear message: non-compliance with transparency laws is non-negotiable. The public has a right to understand how their government operates; failing to honor that right is unacceptable. SPPI is committed to holding officials accountable and ensuring these laws are respected, not sidestepped.” 

The subpoena is not only a tool to compel the city to release the records but also a call to action for other municipalities to take transparency seriously.

“SPPI is committed to holding officials accountable and ensuring these laws are respected, not sidestepped,” Brenner said. “We are taking this action not just for Albuquerque, but to set a precedent for other local governments across New Mexico.”

SPPI’s legal battle with Albuquerque is part of a broader effort to ensure government accountability and transparency in the state. Through this action, Brenner and SPPI aim to hold public officials to the highest standards of openness and protect the public's right to know.

As the case progresses, the stakes are high for both SPPI and the City of Albuquerque, with the potential to shape how public records are handled in the future and influence broader discussions about transparency in New Mexico's local governments.

SPPI’s lawsuit marks its second major legal action against the city. The first was filed in response to the city’s refusal to release records related to its Automated Speed Enforcement program, further highlighting a pattern of non-compliance with transparency laws.