Tactical Response Plans

The Law

Tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack.

Commentary

Particularly since the September 11, 2001 terrorist attacks, state and local governments have focused on the development and refinement of plans and procedures for responding to emergencies, including potential terrorist attacks. This exception is intended to protect New Mexico state and local government tactical response plans or procedures that, if made public, could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used by terrorists to plan or carry out an attack.

Information sought to be protected under the exception must be included in a governmental tactical response plan or procedure. Otherwise, it is not sufficient to deny an inspection request that the requested records could conceivably be useful to terrorists planning an attack.

Example 22:
A county resident requests a copy of a geological survey map that designates the reservoir supplying the county’s drinking water. The map is not part of the county’s tactical response plans or procedures. Thus, access to the map may not be denied just because the location of the reservoir might possibly be of interest to a terrorist.

Example 23:
Homeowners in a village are required to file copies of their building plans with the village clerk. Some residents are concerned that burglars could use the plans to rob the residents’ homes if the plans were made available for inspection. Nevertheless, unless the building plans are otherwise protected by law, the village clerk may not rely on the exception for tactical response plans or procedures to deny public access to the building plans.

Commentary

It also would not be proper to simply designate information as a “tactical response plan” in order to avoid public disclosure. To afford confidentiality to a plan under this exception it must (1) address the state’s or a local government’s plan or procedures for dealing with a crisis or emergency and (2) contain “specific vulnerabilities, risk assessments or tactical emergency security procedures” that could facilitate a terrorist attack if made public.