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| A NEWSLETTER
PUBLISHED BY THE NEW MEXICO STATE RECORDS CENTER AND ARCHIVES 1205 Camino Carlos Rey, Santa Fe, New Mexico 87507 (505) 476-7900 FAX (505) 476-7901 |
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April 2002 Volume
7.1
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In this issue:
CONTRIBUTING WRITERS Donald Padilla, is the Records Management Division Director and has 19 years experience with the agency. He has an M.A. is Spanish Literature from the University of Wyoming. John Martinez, a native of Salt Lake City, earned a B.A. in History from Brigham Young University and an MA in United States History with a focus on the Southwest from the University of Texas at Austin. He is the Director of the Administrative Law Division. Erica Garcia, graduated from the University of New Mexico, where she received a BA degree in Latin American Studies and Spanish. She is the Administrator for the New Mexico Historical Records Advisory Board. Daphne S.O. Arnaiz-DeLeon, is a native of Riverside, California and a graduate from the University of California at Riverside with an MA in History and a subspecialty in Archival Management (1994). She became a certified archivist in 1998 and has been employed by the Archives and Historical Services Bureau for three years. Felicia Lujan, is a native of Santa Fe and an Archivist with the Archives and Historical Studies Division. She is also a contributing writer to Round the Round House and the Santa Fe New Mexican. Ms. Lujan has been with the agency for two years.
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WHAT HAVE WE DONE ABOUT OUR
ELECTRONIC DOCUMENTS?
By Donald Padilla
The management of electronic records is of concern to all records managers. In some aspects the management and control of electronic records mirror that of records on paper and microform media. It is the medium that presents special considerations. On February 19, 2002, the Director of the Records Management Division addressed the Office of Information Management and Technology (aka: CIO’s Office) on the issues surrounding electronic records. The following is part of that presentation. Long before electrons were harnessed or carbon put on paper, most records were writings that were original in that they were inscribed by hand on a physical medium so as to be readable directly by the human eye. During the last three or so millennia that medium has been paper. Paper has made it possible to keep records together physically, in bound notebooks, ledgers, or journals. Those books were originally maintained by clerks, stored securely, labeled, and perhaps segmented inside by labels that would more finely subdivide the overall contents of the book. Examples of this old record-keeping method may still be found in many of New Mexico’s County Clerks’ offices. These examples are books are normally bound in leather and containing many fine examples of late nineteenth century calligraphy. The twentieth century gave way to the mass production of inexpensive paper, and the bound books gave way to individual cut sheets of paper stored together in either loose-leaf binders or in file folders inside filing drawers in filing cabinets. This approach to record-keeping meant not only that much more information was being kept, but also that a method had to be developed to organize the information for storing and finding it - hence the development of file plans and file labeling (records and information management). Paper documents were organized and filed so they could be retained for as many years as they might be needed and so they could be quickly retrieved on demand. If we have organized our paper documents for retrieval and retention, what have we done about our electronic documents? It makes little sense to organize our paper documents without doing the same for our electronic documents. Information, regardless of medium, is vital to the operation of government. Today, government entities depend on electronically generated data to accomplish their basic program functions. Information is among the most valuable assets that government has at its disposal. It is the basis for decision-making, justification of resources, and determination of benefits, as well as a variety of other routine government operations. Accordingly, government entities should be concerned about the management of their electronic information. Although electronic information a vital asset to government, it is expensive to create and maintain. The term electronic records is meant to broadly include data and information: input, manipulation of, or output from computers or computerized systems, which is not readable without mechanical aid. Roughly equivalent terms are computer records, electronic data, and machine-readable records. Records and information on electronic media are valuable in a variety of ways to state government. Some of the information may be of short-lived administrative or fiscal value – six to ten years. Other information may have long-term or permanent legal, research, or historical value. Whatever the value, state government has an obligation to protect the public’s interest in vital or historic information resources and to preserve the data for future generations. Electronic records are part of a complex record-keeping system that must be analyzed in total. Electronically produced records deserve special attention because they are relatively new and easily altered or erased. Their status as valuable parts of the public record is still unclear to many people. In the rapidly changing technological environment, issues such as security, access, data maintenance, compatibility, accidental loss by machine and human error, and numerous other issues require constant monitoring to ensure that the quality of information is retained. We must be certain that governmental records, in any format, are managed in compliance with numerous records laws and requirements. The Commission of Public Records seeks to develop rules and guidelines for the management of electronic records. In order to successfully meet the goals of a records management program in today's complex electronic environment, we have had to re-invent some of the traditional paper-based records management practices. Computers have thrown paper-based methods of records management into disarray because in cyberspace, nothing is written in the traditional record-keeping sense. The distinctions between original and duplicate (or “copy”) are irrelevant. Records are reproduced and scattered exceedingly fast, and file plans and labels are as anachronistic as graven stone tablets.
WHAT ARE STATE RULES? By John H. Martinez
In the Commission of Public Records (CPR), there is a small division called the Administrative Law Division (ALD). The four employees of the ALD frequently are asked what service they provide. When they answer that one of their major responsibilities is to file and publish New Mexico State government rules, many people ask, "what are they?" Simply put, these rules are a special category of law written by State agencies to support, clarify, or implement specific laws enacted by the legislature called statutes. State rules can include building codes, air quality standards, tax codes, public assistance regulations, and public health regulations, to name but a few. They are subordinate to statutes and must work within the parameters established by law. A defining aspect of rules is that they affect people or other agencies outside the agency that writes them. If a process in an agency is strictly an internal one, it does not need to be established by rule. However, while there are some specific exceptions, in general, if the process affects any person or agency outside the issuing agency, it must be established in rule. Usually statutes written by the legislature are general in nature. They establish something, set bounds of authority, and provide funding, if necessary. For example, by statute the legislature created the publication called the New Mexico Register. In the statute (Section 14-4-7.1 NMSA 1978), the legislature established what the publication would contain, how frequently it would be produced, who would be responsible for ensuring its timely publication, how the public would purchase it, and who would receive funds from its publication and sale. The statute covers the large issues relating to the New Mexico Register but does not provide specific details on how it is to be produced and sold. Instead the statute provides that, "the state records administrator shall adopt and promulgate rules necessary for the implementation and administration of this section" (Subsection E of Section 14-4-7.1 NMSA 1978). The legislature authorized the State Records Administrator, the director of the CPR, to make rules on the specifics of the New Mexico Register production. With that authority, the State Records Administrator adopted a rule entitled New Mexico Register (1.24.15 NMAC) to address specific policies, procedures, and fees associated with the publication. The rule describes how material is to be submitted for publication and sets fees for publication charges, annual subscriptions, individual paper copies, and electronic copies. As mentioned above, rules are to support, clarify, and implement statute. They must be written within the parameters established by statute and cannot be used to expand an agency's authority. Each rule has to go through a promulgation process designed to provide the public with notice of the rule-making activity and the rule as finally adopted. In New Mexico, the promulgation process may differ somewhat from agency to agency, but there are some general requirements that must be followed by all agencies subject to the State Rules Act (the law establishing the foundation for rule-making). First, agencies must publish a notice of rulemaking in the New Mexico Register and in a newspaper of general publication. The notice explains generally what new rules or amendments to or repeals of existing rules are proposed and provides ways for the public to comment on them. Usually agencies will have a public meeting to discuss the rule. When the public comment period is over, the rule may be revised according to the comments received. Once a rule is finalized by an agency, the rule-issuing authority must approve and sign a transmittal form that must accompany the rule when filed. The rule-issuing authority is the person in an agency, such as the State Records Administrator above, who has the authority from the legislature to make rules. Once signed, the rule is then filed with the ALD, which ensures the rule complies with the style and format requirements (such as proper numbering, indentation, font type and size, etc.) established by the CPR (1.24.10 NMAC). If the rule complies with the requirements, it is date- and time-stamped and brought into the State's permanent rule collection. Before a rule can be effective, it must not only be filed with the CPR, but it must also be published in the New Mexico Register. After publication and on its defined effective date, a rule is considered to be administrative law unless it is successfully challenged in court. If there is a situation where a rule must be made effective quickly and cannot wait for the promulgation process to take place, statute provides for the filing of emergency rules. Such rules can be effective immediately on filing with the ALD, but only remain in effect for 30 days unless published in the New Mexico Register. To assist the public in finding current rules, the legislature mandated, in Section 14-4-7.2 NMSA 1978, the creation of the New Mexico Administrative Code (NMAC). The NMAC is a compilation of the current rules organized by subject. Each rule is assigned a unique number so that it can be found easily. The rules follow specific formatting requirements including similar internal organization so that uniform citation methods can be used. In August of 2001, the CPR assumed responsibility for the in-house publication of the New Mexico Register and the NMAC (publication of both had previously been outsourced but the NMAC had never been completed). In January of 2002, the CPR completed the compilation of the NMAC and placed it on-line at www.nmcpr.state.nm.us/nmac. There is a search engine on the website to assist in finding a rule if the specific rule number is not known. In addition to the NMAC website, the CPR placed the New Mexico Register online at www.nmcpr.state.nm.us/nmregister. Issues since August, 2001 are available online. The NMAC and New Mexico Register websites are free of charge and do not require registration.
EVOLUTION OF THE NMHRAB GRANT CYCLE By Erica Garcia
The New Mexico Historical Records Advisory Board (NMHRAB), at its November 2001 meeting, decided to adjust its grant and scholarship programs to coincide with the New Mexico State fiscal year. A Call for Proposals and a Call for Scholarships contingent on the final adoption of the FY 2003 budget are pending. At its regular meeting of March 18, 2002, the NMHRAB approved the award of grants to ten historical and permanent records repositories around the state. San Miguel County will microfilm some of its deed books. The Museum of New Mexico’s TREX program (Santa Fe) will fund research work for its historical preservation project, Word and Image. Menaul Historical Library (Albuquerque) will re-house a portion of its endangered collection. The Indian Pueblo Cultural Center (Albuquerque) will assess its Pueblo Archives program. Ghost Ranch Conference Center (Abiquiu) will continue re-housing a newly discovered collection. The Indigenous Language Institute (Santa Fe) will assess early New Mexico Tribal language materials. The Los Alamos Historical Library and Museum will preserve oral histories by Hispanics and Native Americans during the Manhattan Project era. The New Mexico Jewish Historical Society (Santa Fe) will also be working on oral histories of Jewish families during the Pioneer Era. The Farmington Museum will preserve a photography collection, rescued from a dumpster, which sheds more light on the Four Corners history. The New Mexico State Archives Film Preservation Project involves preservation of images depicting New Mexico’s culture and its tourist and commercial industries. Congratulations to these successful grant applicants; the competition was fierce. In general, this year’s grant proposals reflected a keen devotion to the historical and permanent records collections represented. This devotion, as well as the more limited funding available this time, made the decisions of the Board that much more difficult. The members found themselves torn between different projects and left wishing there were ways to help all the applicants. The funds devoted to the NMHRAB Grant Program have dwindled from $50,000 a year to $28,500 for projects and $1,500 for archival and records management-training scholarships. All who are familiar with these programs have high hopes for greater funds for future grant cycles. There is no argument regarding the significance of New Mexico’s documented history and the need to fill the gaps that exist. This history is part of the foundation that identifies us as New Mexicans and as a culture unique in this country. For more information on the NMHRAB and its grant and scholarship programs please contact the NMHRAB Grant Administrator at (505) 476-7936 or egarcia@rain.state.nm.us.
NEW MAP FINDING AID AVAILABLE ON-LINE By Daphne S.O. Arnaiz-DeLeon
The Map Collection at the State Records Center and Archives is comprised of maps and blueprints that have been collected from a wide variety of sources including State agencies, county court records, county governments, and private collections. For the last year and a half, archivists have been working to reprocess the collection of maps. This project has allowed archivists to evaluate the collection and prepare for the preservation needs of many of the older maps. In conjunction with the reprocessing, a finding aid was created describing individual maps in the collection. The finding aid is now available on-line and is accessible at the State Archives website
Map of Santa Fe, NM circa 1767
Some of the more detailed twentieth-century maps in the Map Collection include railroad maps and other maps produced by the State of New Mexico’s Highway Department. These maps have information about towns, roads, forests, and public and private land. The maps also document the location of communities that are no longer in existence. One of the strong areas of the Map Collection is the Santa Fe and Santa Fe County map series. There are approximately 270 maps of the City of Santa Fe and approximately 75 maps of Santa Fe County in this collection. The earliest Santa Fe map, circa 1767, is entitled Plano de la Villa de Santa Fe. The total estimated size of the Map Collection at the State Archives and Records Center is 3,000 individual maps. The electronic finding aid available on-line includes about two-thirds of the entire collection. Black-and-white reproductions of most maps are available upon request, for a fee. If you have any questions about the Map Collection, please visit the Archives Monday through Friday 9:00 AM to 4:45 PM or call Valerie Nye, Senior Archivist, at 505-476-7946.
STATE ARCHIVES OPENS By Felicia Lujan
The New Mexico State Archives is pleased to announce the opening of an exhibit documenting marriage in New Mexico. The display includes images and documents that exemplify the institution of marriage in the state, and features record books and manuscripts from various collections spanning dates from 1778 through 1992. The exhibit will be on display through June 28, 2002 in the first floor atrium of the State Library, Archives, and Records Center building at 1209 Camino Carlos Rey in Santa Fe. During the Spanish and Mexican periods in New Mexico, Catholic priests performed marriages. After U.S. occupation in 1846, judges and Protestant ministers also performed these rites. Many marriages were recorded in probate journals at that time. Later, in 1863, the Territorial Legislature passed a law requiring priests, ministers, and civil authorities to register all marriages with the County Clerk. Secular marriage records were not kept with any regularity until the statehood period (1912 to present), although some Territorial period records have been located. A marriage register from Taos County is included in the exhibit. The register records marriages from 1863 through 1905, and contains handwritten marriage certificates from the Territory of New Mexico. Sacramental records from the Archives of the Archdiocese of Santa Fe (AASF) are available on microfilm at the State Archives. The original records are maintained by the Archdiocese of Santa Fe and include Catholic sacraments such as marriages and diligencias matrimoniales. Diligencias were pre-nuptial investigations usually conducted by a bishop in Durango, Mexico. Fray Angélico Chávez indexed many of the diligencias matrimoniales in his eleven volumes of New Mexico Roots. Also included in the display are the marriage records (dated 1807) of Juan Bautista LaLanda and his wife, Maria Rita Abeyta. These were found in the microfilm of AASF. This marriage record was selected for display because it represents the union of a French man and a Spanish woman. Local New Mexican families who had interests in trading welcomed foreigners who came to New Mexico prior to 1846. In Volume VI of Mountain Men and the Fur Trade, by LeRoy R. Hafen, Lalanda is referred to as "a small historical nova, an individual who strikes a spark of light in a particular place in time." Most French and American men who married New Mexican Hispanic women chose to integrate themselves into the Spanish culture and community. One of the oldest documents chosen for this exhibit dates back to 1778 and is from the John Paul Delgado Collection. The item is a letter written by Teodoro de Croix, Governor and Commander in Chief of the Provincias Internas in New Spain from 1776 to 1783. The letter was written to Manuel Delgado, who wished to contract marriage with Maria Garcia de Noriega of El Paso. In 1790, Delgado left the military with the rank of Capitan retirado (retired captain) and became a merchant, trader and renowned business leader in New Mexico. Until about 1940, many marriages in New Mexico were still arranged by fathers who wished to find their daughters a suitable husband. Marriages between young couples required parental approval. Once a father was informed of his son's intentions to take a wife, he would write a letter on behalf of his son, asking for the young lady’s hand in marriage. The father and godfather delivered the letter to the woman’s parents. If the woman refused the proposal, it was customary to wait eight days before writing a refusal letter. This refusal process was called "giving the calabasas." When the marriage proposal was accepted, the woman's parents would wait two weeks and then send the family an acceptance letter. At that time, she and her parents would invite the man and his parents over to visit and plan the wedding festivities. A letter from the Agapito Olivas Family Papers, written in Tierra Amarilla in 1926, documents this custom. The letter accepts a marriage proposal made by Cornelio Olivas to Eulogia Salazar. Ciprano Salazar accepted the marriage proposal on behalf of his daughter, Eulogia. A Certificate of Marriage is also incorporated in the exhibit — an example of a form used to record marriage. The certificate was issued in the marriage between Jose Leandro Moquino and Adelaida Valdez in 1899 and can be found in the Edward Yrisarri Collection. Photographs are a traditional part of any wedding celebration and create a visual document of the ceremony. Images displayed in the exhibit were taken from two collections, the Camera and Darkroom Collection and the L. Bradford Prince Collection. Black-and-white wedding photos from Camera and Darkroom were used to personify Marriage in New Mexico. Individuals in the photos are not named because they have not been identified. From the L. Bradford Prince Collection, postcards from 1883 were selected. These postcards were chosen because they illustrate the essence of courtship in the 1800s. Newspaper advertisements from the late 1900s are also included, as they represent documentation of the social and economic aspects of marriage. An advertisement published in 1901 in the Taos Cresset was enlarged and added to the display. Another advertisement that is included in the exhibit is from the Rio Grande Republican and was also published in 1901. This advertisement is actually a message from one lover to another in the form of a poem titled “Only to Hear Her Voice Again”. Both advertisements were taken from the Surveyor General Collection of newspapers in the Archives. This combination of documents displayed in the exhibit provides a sample of the different types of marriage records found in various collections maintained by the State Records Center and Archives. Marriage records are significant to genealogists as well as to scholars and other researchers. The records are useful for documenting family histories in addition to economic, political, and social relationships. For these reasons, researchers will continue to value marriage records for years to come.
ARCHIVES AND RECORDS
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