A. The following records created or maintained by the risk management division of the general services department are confidential and shall not be subject to any right of inspection by any person except the New Mexico legislative council or a state employee within the scope of the New Mexico legislative council's or state employee's official duties:
(1) records pertaining to insurance coverage; provided that any record of a particular coverage shall be available to any public officer, public employee or governmental entity insured under such coverage; and
(2) records pertaining to claims for damages or other relief against any governmental entity or public officer or employee; provided that the records shall be subject to public inspection on and after the earliest of:
(a) the date a final judgment is issued resolving the claim and all appeals and rights to appeal have been exhausted; or
(b) the date a settlement agreement is signed by all of the parties.
B. Records protected pursuant to Subsection A of this section shall be made available as necessary for purposes of audit or defense. Any person performing such audit or providing such defense shall keep such records confidential, except as required otherwise by law.
History: 1978 Comp., § 15-7-9, enacted by Laws 1981, ch. 280, § 1; 2020, ch. 37, § 1.
ANNOTATIONSCross references. — For inspection of public records generally, see 14-2-1 et seq., 14-3-7 and 14-3-8 NMSA 1978.
The 2020 amendment, effective May 20, 2020, removed the one hundred eighty-day delay in releasing public records pertaining to claims against governmental entities, public officers or public employees after the occurrence of certain events, changed and removed the events that trigger release of public records pertaining to certain claims against governmental entities, public officers or public employees, and eliminated criminal penalties for revealing confidential records pertaining to certain claims against governmental entities, public officers or public employees; in the section heading, deleted "penalty"; in Subsection A, in the introductory clause, after "division", added "of the general services department", after "person", deleted "not a state officer, member of the legislature" and added "except the New Mexico legislative council", and after "scope of", added "the New Mexico legislative council's or state employee's", in Paragraph A(2), in the introductory clause, after "provided", deleted "such records shall be subject to public inspection by New Mexico citizens one hundred eighty days after the latest of the following dates" and added "that the records shall be subject to public inspection on or after the earliest of", deleted former Subparagraph A(2)(a) and redesignated former Subparagraph A(2)(b) as Subparagraph A(2)(a), in Subparagraph A(2)(a), after "the date", deleted "all litigation involving the claim and the occurrence giving rise thereto has been brought to" and added "a", and after "final judgment", added "is issued resolving the claim", deleted former Subparagraphs A(2)(c) and A(2)(d) and added a new Subparagraph A(2)(b); and deleted former Subsection C, which provided a criminal penalty for revealing protected records.
Section does not encompass all public bodies. — The clear, unambiguous language limiting confidentiality to "records created or maintained by the risk management division" means that this section does not encompass all public bodies, but rather only those insured by the risk management division. Board of Comm'rs v. Las Cruces Sun-News, 2003-NMCA-102, 134 N.M. 283, 76 P.3d 36.
Funds held by private insurers not protected. — Nothing in the Tort Claims Act suggests the legislature intended to extend the protection of this section to funds held by private insurers. Board of Comm'rs v. Las Cruces Sun-News, 2003-NMCA-102, 134 N.M. 283, 76 P.3d 36.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What preliminary data gathered by public departments or officials constitute "public records" within the right of access, inspection, and copying by private persons, 26 A.L.R.4th 639.
76 C.J.S. Records § 74 et seq.