AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves Plaintiff Daniel Libit's lawsuits against the University of New Mexico Foundation, the University of New Mexico Lobo Club, and the Board of Regents of the University of New Mexico under the Inspection of Public Records Act (IPRA). The lawsuits sought records related to a naming agreement with WisePies Pizza and donor lists, which the Defendants refused to provide, claiming exemption under Section 6-5A-1(D) of the Public Finances Act, asserting it exempted their records from public inspection (paras 1-6).

Procedural History

• Libit v. Univ. of N.M. Found. (Libit I), No. D-202-CV-2017-01620 (2d Jud. Dist. Ct. June 26, 2018): The district court ruled that the Foundation was subject to IPRA and that Section 6-5A-1(D) did not serve as a statutory exemption for the Foundation.
• Libit v. Univ. of N.M. Lobo Club (Libit II), No. D-202-CV-2019-00290 (2d Jud. Dist. Ct. Dec. 9, 2019): The district court ruled that Section 6-5A-1(D) did not function as an exemption to IPRA and denied the motions to dismiss filed by Defendants (paras 1, 4-6).

Parties' Submissions

• Plaintiff: Argued that the Foundation and the Lobo Club were not exempt from IPRA’s disclosure requirements, asserting that these entities functioned as extensions of the University and thus their records should be public under the nine-factor test established in State ex rel. Toomey v. City of Truth or Consequences (paras 3, 5).
• Defendants: Contended that Section 6-5A-1(D) served as a statutory exemption to IPRA, making their records exempt from disclosure under any circumstance (paras 3, 5).

Legal Issues

• Whether Section 6-5A-1(D) exempts records of the Foundation and the Lobo Club from public inspection under IPRA (para 1).

Disposition

• The Court of Appeals affirmed the district court's rulings in both Libit I and Libit II, holding that Section 6-5A-1(D) does not serve as a statutory exemption to IPRA (paras 1, 17-19).

Reasons

• The Court, consisting of Judges MEGAN P. DUFFY, JENNIFER L. ATTREP, and KRISTINA BOGARDUS, unanimously agreed that Section 6-5A-1(D) does not function as a statutory IPRA exemption. The Court's decision was based on a de novo review of statutory interpretation, focusing on the plain language of Section 6-5A-1(D) and its legislative intent. The Court found the language of the statute clear and unambiguous, indicating that it does not cause the records of organizations like the Foundation or Lobo Club to be "public records," except for their annual audit. The Court rejected Defendants' arguments that the statute's language exempted all records other than annual audits from IPRA's purview and noted that the Legislature did not intend to categorically exempt the records of organizations governed by Section 6-5A-1 from IPRA. The Court also dismissed public policy concerns as a basis for interpreting Section 6-5A-1(D) as an IPRA exemption, adhering strictly to statutory exceptions contained within IPRA or established by law (paras 7-16).