BACKGROUND
INFORMATION:
On January
22, 2014, The Informed Cynic, under the Inspection of Public Records
Act, made a request for copies of invoices from the several law
firms engaged by the Co-op between 2010 and 2014 plus a small
number of related documents. After a long delay, 344 pages were
supplied at a cost of $1/page. Not all the documents were supplied
as agreed upon and there are many redactions in the invoices.
We feel this is a violation of the IPRA, the Co-op by-laws and
likely contempt of court. The charge of $1 per page is unreasonable
and bears more relationship to the attempt to discourage requests
of records than the actual cost of producing the documents. The
SEC policy on copy charges was raised from 25 cent to one dollar
after the court mandated that the IPRA was legal and must be honored
by the SEC. The left side of this page are copies
of documents supplied. The right column are comments and related
information. Some dates may not appear to match between
left and right column. This is generally because the Invoice or
statement date covers the actual work done in previous month(s)
Scroll down to review the complete set of documents
On
February 26, 2014 the documents were paid for and picked up which
had a cover memo with a list of documents provided. More details
on correspondence in the right column. A
list of documents supplied written by Mr Herrera
List
of documents requested in the e-mail of 1/22/14 
List
of documents requested compared to those supplied
Complete
Invoice list by date and dollar amounts 
This is not complete because the SEC did not comply with the
entire request
In
addition to the documents related to the invoices of the various
law firms, the following documents were supplied as requested.
August
25, 2010 Board Minutes
November
28, 2010 Board Minutes
December
27, 2012 Board Minutes 
December
28, 2011 Board Minutes
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Correspondence
related to the request
June
20 - Email
from Trustee Wagner to Joseph Herrera re: failure to respond to
request for documents and pending litigation 
May
7 - 050714-Wiggins
reply to Cynic on return of documents
Note, we are still being charged $25 for documents that were returned
and a threat that we cannot request any documents in the future
unless we pay $25 for something we do not have.
May
5 - On May 5th, the set of documents from the Wiggins lawfirm
was returned to them with the the following cover letter, which
says, we do not accept the documents and the original request
is still not complied with: May
5 - letter to Wiggins lawfirm on 2nd set of documents
.
On
April 10th - a new set of documents was sent from the Wiggins
lawfirm, not from the SEC and received April 16th. Without
detailed review, they were apparently copies of the original documents,
plus an additional 25 pages not supplied in the original request.
This is the letter that came with those documents:
April
10, 2014 letter from Attorney Wiggins answering my March 31 letter
to the SEC. Explains what they will and will not comply with (received
4/16/14) 
April
17, 2014 - open letter published in the Chieftain addressing the
lack of compliance to the release of document request
(Chieftain
link here )
March
31 2014. Complaint the SEC for not supplying all the documents
per the agreement
Feb
24, 2014 - Email notice documents ready and
Invoice
for 344 pages of documents
Note the charge of $1/page.
February
22, 2014: A notification of another delay in release of documents

January
27, 2014 - reply to document request 
Letter notifies a delay in responding to request
Jan.
22, 2014 Initial e-mail/letter to the SEC for inspection of public
records

OTHER
RELATED DOCUMENTS
The
SEC Notice of right to inspect public records policy updated 2014

March
31, 2014 Mora
Trustees vote to oust co-op's leaders
Dec
4, 2012 - Letter from Number Nine Media on copy costs
June
15, 2010 - FOG letter to board Re: open meetings & release
of docs 
Inspection
of Public Records Act (IPRA)
Inspection
of Public Records Act - NM Sunshine Law
Submit
complaint about Open Meetings & Inspection of Public Records
Act
June
7, 2010 - Wagner letter Re: open meetings act violations 
May
25, 2011 - Dear Attorney General: the Records, Please
(Abq Journal - "Under litigation" no excuse to not comply
with record request)
More documents
on Inspection of Public Records and Open Meetings Act can be found
on the Documents Page.
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WIGGINS, WIGGINS AND WILLIAMS
Wiggins
Oct.7, 2010 to Jan 11, 2011
- 12 pages
Wiggins
Feb. 8, 2011 to July, 29, 2011
- 16 pages
No documents supplied between July 29 2011 and Feb 2 2012.
Wiggins
Feb. 2, 2012 to Feb. 7, 2013 - 40
pages
Wiggins
Feb 12 2013 to June 24, 2013 -
36 pages
Wiggins
Aug 13, 2013 to Jan 6, 2014 -
46 pages
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No
agreements or letters of engagement supplied as requested.
Wiggins
invoice date and amount Oct 2010 thru end of Dec 2014
Wiggins
line item description Oct 7 2010 to Jan 11 2011 
Wiggins
line item description Feb 8 2011 to July 29 2011
No documents supplied between July 29 2011 and Feb 2 2012.
Wiggins
line item description Feb 2 2012 to Feb 7 2013
Wiggins
line item description Feb 12 2013 to Jan 6 2014 
Total
payout to the Wiggins law firm:
2010 - $2,129.51
2011 - $2,037.01 (not complete)
2012 - $62,032.75
2013 - $144,417.22
2014 - $100,550.83
Total of at least $209,616.29 between 2010 and 2013
So
far in 2015:
Jan - $1,990.19 Feb $5,487.19
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DENNIS FRANCISH
Francish
contract agreement December 8, 2009
Francish
Jan 7 2010 to Sept 10, 2010 - 34
pgs
Francish
Oct 29, 2010 to Jan 7 2011
- 33 pgs
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Francish
invoice date and amount 2009 to 2011 June 2012

Francish
line item description 2010 
Francish
line item description 2011 
Total
payout to Francish was at least: (Updated 3/15/14)
2009 - $804.76
2010 - $67,477.26
2011 - $45,332.74
2012 - $203.90
Total payout of at least $113,818.06
All document
requested were supplied.
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KENNEDY
& HAN
Kennedy
Invoices Feb 2, 2012 to Sept 20, 2012
15 pgs
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Kennedy-Han
invoice date and amount
Kennedy-Han
line item description 
Total
payout seems to be $53,534.11
No agreements
or letters of engagement supplied as requested and may not exist
with the SEC, but may exist with another law firm working for
the SEC. A "trust account" is mentioned in the billing,
but that was not supplied per IPRA.
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FOSTER &
MOSS
Foster-Moss
Sept 5 2012 to Oct 31 2013
- 10 pgs
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Foster
& Moss invoice date and amount
Foster
line item description
Total
payout to Foster & Moss: (updated 3/18/14)
2012 - $10,304.57
2013 - $1,301.12
Total payout of $11,605.69
No agreements
or letters of engagement supplied as requested and may not exist
with the SEC, but may exist with another law firm working for
the SEC.
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IRA BOLNICK (INVESTIGATOR)
Bolnick
Invoice details - March 21 , 2013 to April 25, 2013
- 5 pages
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No agreements
or letters of engagement supplied as requested but probably
exist between the Wiggins law firm and Bolnick. "Investigation"
authorized by the board on recommendation of Lorna Wiggins here:
Dec
27, 2012 Board minutes authorizing Bolnick as investigator

List
of Invoice totals and people interviewed
Total payout $11,789.61
For details
on the investigation, videos and comments go to the
2013 video recordings page and December 19 meeting - click
here
and for additional information go to the 2013 comments
page here
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