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State Destroys S.F. Studios Project E-Mails: Communications Older Than 90 Days DeletedJan 23, 2010 (Albuquerque Journal - McClatchy-Tribune Information Services via COMTEX) -- The state Economic Development Department has destroyed e-mail communications older than 90 days relating to the controversial Santa Fe Studios project, which is slated to receive a $3.5 million grant from the department. State Records Administrator Sandra Jaramillo said anything that documents the transaction of public business is a public record and that e-mail is simply a "transmission method." "It is serious if they're destroying records without notifying the state administrator," Jaramillo said in a telephone interview Friday, adding that her office had not been notified. In response to an Inspection of Public Records Request by the Journal seeking all correspondence relating to the Santa Fe Studios project, the department furnished a handful of documents going back to September of 2009. Deputy Secretary Toni Balzano said the department retains records such as contracts that are sent by e-mail, but had no e-mails earlier than last September responsive to the Journal's request, citing the policy of destroying them after 90 days. She also said this was the first e-mail inspection request the department had received. "This is our first brush with this," she said. "Any important documents, contracts, MOUs (memorandums of understanding) and information we've gathered about the company, we've maintained." She said that as for other e-mails, "We followed our policy, which is three months." But, she said, "We'll look at getting to a more comprehensive policy. Right now we're in accordance with the policy that we've had." Jaramillo, who heads the State Records Center and Archives, said Friday she would draft a letter to Economic Development Department Secretary Fred Mondrgon seeking to clarify the law for his department. Her office, she said, consults and helps departments set up adequate records-management programs. The Santa Fe Studios project has been in the public eye since 2008. The Economic Development Department is a key player in financing the project via a $3.5 million Local Economic Development Act grant. Jaramillo said state records, including electronic ones, are to be kept at least one year, before they are transferred to her office. "I can tell you that nothing's been transferred here," Jaramillo said. Calls to the office of Attorney General Gary King were not returned Friday. Sarah Welsh, executive director of the New Mexico Foundation for Open Government, said e-mails are records to be kept according to their content, such as official business. Those that talk about doughnuts in the break room can be deleted, but those dealing with substantive matters cannot. The documents provided to the Journal on Thursday were benign, with department heads and others from the New Mexico Film Office talking about setting up meetings or reminding people about meetings. For example, Lisa Strout, the director of the film office and Jason Hool, president of Santa Fe Studios talked about a lunch meeting. The absence of other correspondence makes it impossible to know more about discussions. "That's unfortunate because, and here's the difficulty, there's lots of questions about how business is conducted," said Rep. Dennis Kintigh, a Roswell Republican, who has questioned the film subsidy program. The Santa Fe Studios project has come under fire because it is receiving almost $19 million in public loans and grants, to help with construction and a land purchase. That relationship, Kintigh said, begs certain questions. "The way we deal with that is transparency and openness," Kintigh said. "They have to absolutely walk the line. They have to be more careful. In this environment, we need to be more conscious." To see more of the Albuquerque Journal, or to subscribe to the newspaper, go to http://www.abqjournal.com. Copyright (c) 2010, Albuquerque Journal, N.M. Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |