Gov. Bill Richardson (Photo by Heath Haussamen)

Richardson flip-flops on whether subpoenas are public and ignores requirement that he forward requests about laid-off political appointees to the appropriate agency

Let me get this straight. First, earlier this year, the governor’s office released a subpoena it had received in a federal investigation. Then, three other agencies – the New Mexico Finance Authority, State Investment Council and Educational Retirement Board – refused to release similar subpoenas. But eventually, all three agencies reversed courses and followed the governor’s lead in releasing the subpoenas (The ERB first, then the NMFA, then SIC).

Now, the governor’s office is refusing to even tell the Albuquerque Journal if it has received any subpoenas in the ongoing investigation into the nationwide investment scandal that has taken hold in New Mexico, let alone release such subpoenas if they exist.

Is anyone else confused?

Here’s what the governor’s office told the Journal when the newspaper asked if the office had received such subpoenas and, if so, whether it would release them:

“Any responsive records the Governor’s Office may have received would be exempt from disclosure. Such documents would relate to a matter that is or will be before a federal grand jury. This office will not release records of this nature pursuant to the federal rules governing grand juries.”

Heath Haussamen

Sounds a lot like some of the explanations given by the other agencies before they reversed courses and released the subpoenas.

That confusing flip-flopping comes on the heels of the governor’s office playing fast and loose with public records law over requests for information about the 59 political appointees being laid off next month. The governor’s office did not provide any such information in response to requests from me and others.

And, instead of forwarding our requests to the state agencies that are in possession of the relevant records, as required by the Inspection of Public Records Act, the governor’s office wrote that it considered the matter closed.

The State Personnel Office understands its legal duty, and when I made a request days ago to that office for information about the appointees, it forwarded my request to the Department of Finance and Administration. That’s apparently what the governor’s office should have done too.

The governor’s office knows that. Its response to our requests was a flagrant disregard of the law and the right of the public to public information.

Then this flip-flopping on whether subpoenas from federal grand juries are public records. The New Mexico Foundation for Open Government takes the position that the subpoenas are public. So do I. In fact, I sued NMFA earlier this year to try to force the release of its subpoenas.

With these recent actions, Gov. Bill Richardson and his office are flagrantly disregarding the Inspection of Public Records Act and should be ashamed. It’s nothing short of hypocritical that Richardson has talked about the importance of “open, accessible and accountable government” and then acted in this manner.

If there’s one hint of transparency in all of this, it’s that governor’s hypocrisy is exposed for anyone to see.