The plaintiff in the alleged pay to play lawsuit involving the State Investment Council and the Educational Retirement Board has filed this complaint saying he was wrongfully denied records under a request he made using the Inspection of Public Records Act.
"The ERB is claiming that it can refuse to produce any public records if it believes the records might be used in a lawsuit. The ERB’s position should be of concern to anyone who uses IPRA," Victor Marshall, an attorney for Foy who also represents the New Mexican, said in a statement.
The request asked for "any and all records" related to board or advisory group meetings, Vanderbilt Capitol Advisors, Pioneer Investment Group, ERB chairman Bruce Malott, Meyners and Co, State Investment Officer Gary Bland and Foy, among other things.
In its letter denying the records, attorneys retained by the ERB say Foy's request was overly broad, "uncertain in scope" and some of the information he's seeking may be available online. The firm, Canepa and Vidal, also said that it couldn't determine the types of records sought or for what time frame.