Monday, April 09, 2018

APS proves it has "ethics"; any real "accountability" to them - not so much

The leadership of the APS has for some time, fought being pinned down on their ethics, standards and accountability.  I have reported over and over, that by their own frank admission, their own Code of Ethics is utterly unenforceable.

Finally, in response to numerous public records requests; APS and their lawyers have finally decided to argue that school board members are in fact, accountable to two codes of ethical conduct;

  1. the one they wrote for themselves; APS School Board Code of Ethics, link, and
  2. the one the NM School Boards Association wrote for themselves, link.
The leadership of the APS claims actual, honest to God accountability to higher standards of conduct; not one, but two Codes of Ethics.

According to board, anyone who wants to hold them accountable to their own code of ethics, has at least one remedy; recall.

In order to recall a school board member, one would have to collect valid signatures from one-third as many people as who voted in the last school board election.

If you have never tried to collect petition signatures; you have no idea how difficult it would be to gather enough signatures to provoke a recall election.  Recall is not a viable process for holding school board members accountable to their own code of ethical conduct.  For any practical intent or purpose, it is worthless.  It doesn't count.

As for the NM School Boards Association Code of Ethics;

I have on four occasions now, sent an email to the NM School Boards Association requesting information on whatever process(es) there are available to complainants regarding violations of their Code of Ethics.

The NM School Boards Association has yet to respond.

So, no, the NM SBA Code of Ethics is not enforceable.

Ergo, the Albuquerque Public Schools Board of Education is not,
by any reasonable measure, accountable to any higher standards
of conduct than the law; the lowest standards of conduct
acceptable to civilized human beings.

When they finally produce the rest of the public records of their accountability, it will become obvious that they are not actually, honest to God accountable even to the law.  By means of limitless funding for cost-is-no-object litigation and legal weaselry, school board members and senior administrators routinely escape accountability even for criminal misconduct.

Witness their cover up of state and felony criminal misconduct, link, involving the senior most leadership of the APS and of their publicly funded private police force.  There is no record that demonstrates that any one of them was ever held accountable to the law.

Saturday, April 07, 2018

APS squandering public trust and treasure


The Albuquerque Public Schools Board of Education is using the operational fund to pay lawyers to find ways to avoid producing public records that enjoy no real exception from the NM Inspection of Public Records Act.

The operational fund is filled with tax dollars that could, should and would be spent actually educating children were they not being spent instead finding ways to circumvent actual, honest to God accountability to the law.

The records they are hiding are of felony public corruption and incompetence. To wit, a cover up of state and federal felony criminal misconduct involving the leadership of the APS and of APS’ publicly funded private police force (APS Top Cop Finds Himself on Hot Seat, link).

The board and their assigns are now prepared to engage in cost-is-no-object litigation and no-holds-barred legal weaselry to keep the records from public knowledge. Why?  What could possibly justify taking operational funds away from teachers to pay lawyers to hide the truth, the whole truth and nothing but the ethically redacted truth?

All they have to do, to prove these allegations nonsense, is to produce the public record that they ever did anything but cover up criminal misconduct.

  • Where is the record of referral to any other agency of law enforcement; APD, BCSO, NMSP, FBI?
  • Where is the record of referral to the Bernalillo County District Attorney?
The records they won’t produce are their records of publicly funding a cover up of their own criminal misconduct.

The records they can’t produce are their records of any effort at all to hold APS senior administrators criminally accountable to the law; the lowest standards of conduct acceptable to civilized human beings.

Using public funds to pay lawyers to hide
public records from public knowledge is wrong; right?

Thursday, April 05, 2018

Cover up at Jimmy Carter Middle School

The leadership of the APS has decided to cover up whatever it is that happened at Jimmy Carter Middle School, link.

... the tip of the iceberg.
If ever that idiom plays, it plays now.

APS routinely hides public records from stake and interest holders. Anyone who doesn’t like it can sue them.

The APS school board will respond to the lawsuit with a cost-is-no-object legal defense. They will keep the records secret as long as the law will allow.

School board members are the ultimate stewards of public trust and treasure invested in the Albuquerque Public Schools.

When the board meets to authorize spending the "operational fund" on lawyers bent on keeping the inconvenient truth secret, the board meets in secret. "Executive sessions" are held behind closed doors. They do not make any recording of the meeting and won't defend that decision. There is no oversight in the room; subordinate oversight is not oversight; it is an oxymoron.

They spend without limit.

They have spent millions of otherwise classroom bound dollars on litigation and legal weaselry in order to buy admissions of "no guilt" in inordinately expensive settlements of lawsuits just like the one the Journal should be instigating against the board over a truth telling of what happened at Jimmy Carter Middle School; the truth, the whole truth, and nothing but the ethically redacted truth.

They get away with it because Kent Walz and the Journal refuse to investigate and report upon an ongoing ethics, standards and accountability scandal in the leadership of the APS; if only to report that there isn't one.

If the leadership of the APS is really, honest to God accountable to meaningful standards of conduct and competence within their public service, if there really are higher standards and, if there really are due processes by which they can be held accountable to them;

Why is the leadership of the APS keeping their ethics, standards and accountability secret?

Why is Journal helping them?

Monday, April 02, 2018

APS School Board looking forward to a lawsuit

The leadership of the APS has been asked to produce certain public records.  They will not.

The board and their superintendent don't want to produce the records because they represent incontrovertible evidence of an ethics, standards and accountability crisis in the leadership of the APS.  Public records of their ethics and standards and their actual, honest to God accountability to them will reveal the truth;

  1. there are in fact, no "higher standards" of conduct for superintendents and school board members, and
  2. there aren't any due processes to hold them accountable to them even if there were.
Instead of producing the records according to the law; the New Mexico Inspection of Public Records Act, the board and their lawyers will exploit loopholes and technicalities in the law in order to keep the records secret.  That requires money.  They have the money; unlimited access to the Operational Fund which they allocate in meetings in secret and of which they make no recording. They will funnel to their lawyers, however much money they can spend in what are now routinely cost-is-no-object efforts to except themselves from accountability even to the law.

The first ethic in the APS School Board's own utterly unenforceable Code of Ethics reads;
1.   Make the education and well-being of students the basis for all decision making
Their decision to spend the operational fund (dollars that should, could and would be spent in classrooms) on efforts to hide an inconvenient truth is not made in the interests of the education and well-being of students.

The school board and their lawyers are squandering the public trust and treasure in their own personal interests.

They are spending tax dollars on a cover up of the ethics, standards and accountability scandal in the leadership of the APS.

Else;
  • they would point directly to whatever ethics and standards that bind them, and
  • they would point directly to the process(es) by which they can be held accountable to them.
If they have higher standards of conduct (than the law, the lowest standards of conduct acceptable among civilized human beings) and if they are actually, honestly accountable to them, they would say so.  They would point to them proudly.

And, it would be newsworthy.
The Journal would report upon it.
To fear to face an issue is to believe that the worst is true Ayn Rand
The fact that;
the Journal steadfastly refuses to investigate and report upon administrative and executive ethics, standards and accountability, even to report that the leadership of the APS is honestly accountable to ethics and standards that are high enough to protect the public interests in the public schools,
is submitted as proof that the worst is true.

Saturday, March 31, 2018

APS School Board; if not cowardice, if not corruption, then what is it, exactly?

A couple of decades ago, the Albuquerque Public Schools Board of Education passed a unanimous resolution adopting "higher standards" of conduct for students and for their adult role models.

Since, they have changed their collective mind;

  • students are still expected to "model and promote" honest accountability to a nationally recognized, accepted and respected code of ethical conduct.  
  • while
  • school board members and senior administrators are now expected only to "... maintain the highest standards of conduct and act in a mature and responsible manner at all times."
Peercy has kept the
resolution off the table
for more than a decade;
cowardice, corruption, or
what, exactly?
Though School Board President David Peercy claims accountability to the "highest standards" of conduct, he is not; not by a long shot.

Never mind that he cannot point to any honest to God due processes by which he can be held accountable to any higher standards of conduct; he cannot even point with any specificity to these supposed "highest standards" themselves.  Where are they codified, where are they even written down?

Peercy is demonstrably unaccountable even to the law; the lowest standards of conduct acceptable to civilized human beings.  Honest accountability to meaningful standards of conduct and competence are no match for APS' eloquence of lawyers, law firms, litigation and legal weaselry underwritten by their unlimited access to the operational fund; millions of dollars a year.

The Operational Fund is money that should, could and would be spent in classrooms were they not being squandered in courtrooms securing admissions of no guilt in exorbitantly expense legal settlements.

There are those who believe that trying to enforce a decades old school board resolution, is fool's errand.  Perhaps, perhaps not. But that's not the point.

The point is that board members will not reconsider their motion.  They will not put it on the table for open and honest public discussion.  Though their clear "ethical" obligation is to reconsider their resolution; either reaffirm, amend or rescind it; in public and on the record, that is clearly not their intention.

Instead, the school board will pretend it doesn't exist.
David Peercy has ordered them to pretend it doesn't exist.


No debt is too old for an honest man to pay. unk

A question is begged; for how long then, is  the school board's promise "good"? for a month? a year? ten years? Or do this school board's promises expire the moment they are made?

If the reason to not revisit the resolution does not flow from their cowardice; they are afraid to accept the consequences that a re-visitation would provoke; if the reason does not flow from their corruption; they don't want to be held honestly accountable as the senior most role models of the same standards of conduct they establish and enforce upon students; then from where does their resistance flow?

The question isn't rhetorical.

Cowardice, corruption or what, exactly?




photo Mark Bralley

Thursday, March 29, 2018

Pat Davis still stonewalling

Would be United States Congressman Pat Davis is on record, link, describing the Albuquerque Public Schools Role Model Policy as  "vague, coded language".

The policy read; (before the board voted unanimously to strike it from their own code of conduct)

In no case shall the standards of conduct for an adult
be lower than the standards of conduct for students.
At the time, I took the time to go to a city council meeting to challenge Davis to point to the vague and coded language and to vindicate his slander.

Instead, Davis sat stone-faced and mum; hiding behind a contrived inability of councilors to respond during a public forum, to legitimate questions about the public interests in city government.

Davis has not responded still.
More than a year later, he still
cannot justify his slander.

Still, he will not point to vagary.

Still he will not point the "coded"
language.

He won't because he can't.

He won't because he cannot summon the courage and the character he will would need to admit that the requirements of adult role models in the APS are neither vague nor coded.  That, but a fraction of the courage and character he would need to actually be a role model of the standards of conduct expected from the nearly 90,000 of this community's sons and daughters in APS schools, by holding himself honestly accountable to those same higher standards.

And still, he thinks he's qualified for congress.
Considering some of those who sit there now,
perhaps he's not too far off.




photo Mark Bralley


cc Pat Davis upon posting; 
he can respond anytime he wants to.

Wednesday, March 28, 2018

"To fear to face an issue is to believe the worst is true"

If Ayn Rand is right, the worst is true about the leadership of the APS; they are not actually accountable to any "higher standards"* of conduct at all.

*It turns out, if you search for consensus on the meaning of "higher standards" of conduct, you will find none.  The meaning of higher standards depends on who is claiming to have them.

It is my belief that "higher standards" means higher standards than the law; the lowest standards of conduct acceptable among civilized human beings.  In this context, higher standards of conduct means standards of conduct that require candid, forthright and honest answers to legitimate questions about the public interests in the public schools.
The accountability of the leadership of the APS, even to the law, is debatable.

In meetings they hold in secret and of which no recording is made; they spend the operational fund without limit, on litigation and legal weaselry whose purpose is not to serve students or the public interests, but to ensure that corrupt and incompetent senior administrators and school board members can "admit no guilt" in inordinately expensive settlement agreements.

The Albuquerque Public Schools Board of Education is afraid to face the issue of administrative and executive ethics, standards and accountability because they are inadequate and unenforceable.

Their defense against that allegation is simple.  All they have to do is to identify the clear and unequivocal ethics and standards to which they claim accountability and then prove they are accountable by identifying the due process to which they are subject.

For example; the board could point to their own code of ethics, link, which would lead one to believe that they can be held accountable to ethical standards of conduct.  Except that the truth is, by their own free admission, their code of ethical conduct is utterly unenforceable.

Were their code enforceable, the very first ethic in their code;
Make the education and well-being of students the basis for all decision making, 
would prevent them from spending the operational fund, money that could, should and would be spent in classrooms, on cost-is-no-object legal defenses instead.

If the board and senior administrators actually had higher standards of conduct, and if they were actually accountable to those standards by due process; beyond their undue influence and powerful enough to hold them accountable even against their will, they would point to them.

Why wouldn't they?

Instead, they stonewall; the only defense of an indefensible position.

They fear to face the issue because the worst is true;
the leadership of the Albuquerque Public Schools
is unaccountable to any higher standards of conduct at all,
and they are arguably unaccountable
even to the law.

cc upon posting, with an invitation to respond, 
refute or rebut by means of leaving a comment;
individual board members and the superintendent.