April 9, 1999
HOUSE EXECUTIVE MESSAGE NO. 113
The Honorable Raymond G. Sanchez and
Members of the House of Representatives
Executive-Legislative Building
Santa Fe, New Mexico 87503
Honorable Speaker and Members of the House:
I have this day VETOED and am returning HOUSE BILL 573, as amended,
enacted by the Forty-Fourth Legislature, First Session, 1999.
This bill would amend the law concerning peace officer personnel files to prohibit an officers employer from releasing administrative investigation documents in their personnel file, that are not otherwise public documents, absent a court order. First, it is not clear what problem this legislation is attempting to resolve. Second, this bill does nothing to change existing law, because it would allow the release of public documents under the Inspection of Public Records Act and currently only matters of opinion in personnel files are confidential. Accordingly, this law would potentially create confusion and a misperception that matters which should be public are somehow now confidential.
Sincerely,
Gary E. Johnson
Governor