Private agency, public dollars-New Mexico
|Common Definition Themes|
|These 5 characteristics tend to recur in most state definitions for private agencies which are subject to FOIA laws.|
|1.) Receive or dispense public funds:|| x
|2.) Created by a public agency:|| x
|3.) Present themselves as a public entity:|
|4.) Perform a public function:|
|5.) Controlled or managed by a public entity:|
=The legal history does not mention this characteristic or it has rejected this characteristic as a potential defining aspect.
=This characteristic alone is sufficient to bring an organization under the FOIA.
=This is a part of a compound definition requiring multiple characteristics. The numbers after the symbol indicate the additional requirements.
=This is a characteristic that has been mentioned within the legal history and may aid in deciding whether or not the FOIA law applies to an organization but is not a part of a specific definition.
New Mexico State University Foundation
In New Mexico, the non-profit New Mexico State University Foundation is claiming that because it is private, it doesn't have to release the names of donors, even though the donors are partially funding the salaries of employees at New Mexico State University. Basketball coach Reggie Theus is one recipient of a salary partially funded by undisclosed private donors. Since Theus has spoken at a public governmental hearing in favor of a private real-estate development, questions have arisen about whether he is receiving part of his salary from those real estate developers.
The New Mexico Inspection of Public Records Act includes in its definition of public body "all advisory boards, commissions, committees, agencies or entities created by the constitution or any branch of government that receives any public funding."
State of New Mexico
Santa Fe (capital)
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | State Auditor | Secretary of Education | Superintendent of Insurance | Secretary of Agriculture | Secretary of Energy, Minerals and Natural Resources | Secretary of Workforce Solutions | Chairman of Public Regulation Commission |
New Mexico Supreme Court | Court of Appeals | District Courts | Magistrate Courts | Probate Courts | Bernalillo Metropolitan Court | Problem-Solving Courts | Workers' Compensation Administration Court | Judicial selection in New Mexico |