Friday, October 31, 2014

Former APS Police Chief avoids criminal prosecution

Former APS Chief of Police Steve Tellez will not be prosecuted over his responsibility in the disappearance of ammunition from APS control.

The Bernalillo County District Attorneys Office has responded to my inquiry over their progress;

After carefully reviewing the evidence and allegations, our office has determined there is insufficient evidence to move forward with the case involving Mr. Tellez . Several people had access to the storage closet where the ammunition was stored and the State cannot prove what happened to the two boxes of missing ammunition. Further, no APS ammunition was found during a search of Tellez' home.
The search was conducted by the Bernalillo County Sheriffs Department.

... more than a month after first the shit hit the fan, urbandictionary.




photo Mark Bralley

Limited windows of opportunity for input into APS School Board Member elections

The election of APS School Board members will take place on February 3, 2015; the first Tuesday in February.  Candidates for election must declare their candidacy in late December; about a month and a half from now.

Nobody is going to pay any attention to the school board elections while the mid-term elections are in progress.  Let's say the dust settles on the election by mid November.

Nobody is going to be paying any attention to school board elections over the winter holidays.

Let's say, interest in APS returns by the end of the first week of January.  Two weeks later, the 2015 Legislative session begins.

Let's say for the two whole weeks in between, attention will be paid to the APS school board elections.

There you have it;

  • a month between mid-November and mid-December and 
  • another two weeks in the middle of January.  
Those are the times one could reasonably argue that school board member elections are (more) newsworthy than anything else going on politically.  I mean after all, these folks spend more than a billion tax dollars a year!

Not that the election will have the attention of the Journal, KRQE, KOAT, KOB TV and now, the Duke City Fix.

...the ethics and accountability scandal
Since 2005, I have been
trying to draw attention
to an ethics, standards
and accountability
scandal in the
leadership of the APS.

Since then, they have done everything they can to keep me from exposing them during public forum; even to the point of what amounted to a lifetime ban on my participation; since overturned in federal court.

Twice since 2007, I have run for a seat on the school board.
Twice, the establishment's press; their media, refused to print a word of my allegations, even during school board elections.  Kent Walz and the Journal labeled me a bomb thrower and gadfly, but never mentioned a word about allegations of an ethics, standards and accountability scandal in the leadership of the APS; even to report that there wasn't one.

The scandal in 2007, link, culminated in the cover up of APS senior administrative involvement in felony criminal misconduct.  The scandal is manifest today in an ongoing cover up of the cover up.

All anyone has to do, to prove these allegations false is to tell the truth about what happened in the leadership of the APS and their publicly funded private police force.

All they have to do is tell the truth about who, if anyone, actually investigated credible allegations of felony criminal misconduct;
  • the unlawful use of a federal criminal database (NCIC) to harass whistleblowers and do a background check on a senior administrators fiancee, and
  • the criminal misappropriation of money in evidence
What, if any evidence of the felony criminal misconduct was turned over to the District Attorney for her consideration?

There are a number of ways of looking at the truth about what happened, why it happened and whether it is still happening.

There is the "whole truth".  The truth without redaction.
Then there is the "redacted truth"; the whole truth with some parts obliterated.

Redaction is done by the people with the most lawyers, guns and money.  They redact at their own discretion, according to one or the other of two standards of conduct;
  1. the law; the lowest standards of conduct; the standards that any higher standard of conduct, is higher than,.  The law in its most misshapen by legal weaselry, unlimited budgets and no real oversight.  Self-oversight and subordinate oversight are not oversight; they are oxymora. Or
  2. higher standards than the law; one such being ethical standards; one such the Pillars of Character Counts!; the standard the school board has created and enforces upon students.  They, link, represent a nationally recognized, accepted and respected code of ethical conduct.
The ethically redacted truth about the corruption in the leadership of the APS Police force will substantiate my allegations.  Or it will not.  It you still "trust" the leadership of the APS, the ethically redacted truth will destroy my allegations.

The school board has every reason to tell the ethically redacted truth if the truth exonerates them.

They have no reason to hide the ethically redacted truth except that it embarrasses, shames or indicts them.

That they don't have to explain to anyone, even voters,  
why it is, they need to hide the ethically redacted truth
can be blamed on the likes of Kent Walz and the Journal,
KRQE, KOAT, KOB TV and Sophie Martin DCF.

Not one of whom coincidentally, has to explain to anyone, even voters, why it is they will not ask the board to explain why they will not produce ethically redacted public records, and report on the answer.

Thursday, October 30, 2014

APS' latest audit findings

Because they spend more than a billion tax dollars every year,
the administration of the Albuquerque Public Schools is audited every year.

The findings of the audits are kept secret for awhile.  They are kept secret for some good and ethical reasons.  But, after those reasons expire, one should be able to inspect or copy those findings.  Rather easily and rather immediately.

APS made a solemn promise to interest and stakeholders; they promised to post APS audit findings on their award winning website.  All anyone would have to do, is to click on them to read them.

They have yet to post the first.

It is possible to get a copy of audit findings to read, but not easy.  Certainly not as easy as simply looking it up on their (our) website.  And may I remind you, they promised to post them all and they haven't posted a one!

APS calendar; their "biggest project"
I once asked APS Executive Director of Communications Monica Armenta, could she or anyone else in APS' million dollar a year public relations effort, point to any audits whose findings did not include one or all of the following findings;
  1. inadequate standards,
  2. inadequate accountability
  3. inadequate record keeping
It was a public records request and I offered; if the request is too burdensome (too many clean audits to list easily), the request would be satisfied by providing only the latest one.

Neither she nor they, could.  The administration of the Albuquerque Public Schools has never been audited, not one single time, where the auditors could not find inadequate standards, inadequate enforcement of inadequate standards and, inadequate recording keeping of the inadequate enforcement of the inadequate standards.

At what point can we expect a clean audit of the administration of the Albuquerque Public Schools and the spending of well more than a billion tax dollars?

They've been trying now for more than a hundred years.

It isn't rocket science.  It isn't magic.

There are organizations of this size that have figured out how to write meaningful standards of conduct and competence for their executive and administrative personnel.  They have figured out how to enforce the standards, and they have figured out how to make a candid, forthright and honest record of what they have done.

In no small part, it is fair to blame Kent Walz, the Journal, KRQE, KOAT, KOB TV and now the publishers of Duke City Fix, for the relentless refusal to investigate and report upon an ethics, standards and accountability scandal in the leadership of the APS.

Even to offer evidence that there is not one.

Even in the face of school board elections.

Even in the face of the hiring a new superintendent.

Tomorrow morning's meeting, link, includes in secret discussion and action on this year's audit. By their own deliberate decision, there will be no recording made, of their discussion and action.




photo Mark Bralley

Thursday, October 23, 2014

Trust in the "blue code of silence"

in essence, according to the Wikipedia, link,

The Blue Code of Silence (also known as the Blue Shield[1] or Blue Wall[2]) is the idea of an unwritten rule that exists among police officers not to report on a colleague's errors, misconducts, or crimes.

If questioned about an incident of misconduct involving another officer (e.g. during the course of an official inquiry), while following the code, the officer being questioned would claim ignorance of another officer's wrongdoing.
If you asked;
Is a blue code of silence part of the culture of the Albuquerque Police Department?
you would likely get different answers.

Alb Mayor Richard Berry
In particular, you would get a different answer from the Chief of Police and his boss the Mayor, than you will get from the police themselves.  That's why they will never be asked.

The press, those who the mayor chooses to "credential", will not ask the mayor about the blue code of silence.

Nor will they ask his Chief.

According to the Eye on Albuquerque, link;
Not too long ago, the City, APD and Chief Schultz were sued by (APD police officer)Sam Costales. In his suit, Costales claimed that Schultz and the department created an atmosphere where Costales feared for his life and was forced to leave APD.
The Federal suit resulted in a jury trial. In the end, the jury awarded Costales $662,000.00 plus an additional $200,000.00 in attorney’s fees.
Everyone gets why people in gunfights need to be able trust the people fighting next to them.

What at least some people don't get;
Why is the measure of that trustworthiness the willingness to overlook errors, misconducts and even crimes?
If the rules apply to anybody at all, they first have to apply to
the people who establish and enforce the rules.

And the very first rule is and must be;
1.  everybody has to obey the rules.
Rules apply to everybody or they apply to nobody.

There is an actual Pandora's Box, wikilink, opened when "some" people are allowed to except themselves from accountability to the rules;
If it's alright for anybody to break the rules,
it's alright for everybody to break the rules.
Apologists for rule benders will argue;
the privilege of bending the rules applies only to those of us who are smart enough, well educated enough, experienced enough, and just basically good people enough to be trusted to write their own rules.
And they will be distinguished from the rest of us how, exactly?

The practical result of enabling anybody to adjust the line between right and wrong, is that everybody will adjust the lines according to their own values; however good or bad.

The abundantly manifest result of blue codes of silence among police officers is; some number of them will then take advantage of the protection it offers to escape the consequences of their violation people's civil rights.  There are some "bad" cops; they are enabled by the blue code of silence.

If you've been reading Diogenes' six for very long, you know I am fond of pointing out oxymora.  One such;
Trust in a code of silence.
People by their nature, do not handle temptation well.
The opportunity to self-except oneself from the rules is too great a temptation to resist.  You're asking for nothing but trouble.

You can't trust the people who say they are immune to temptation.

It's nonsense on its face.

Renounce the blue code of silence and then, we can talk trust.




photo Mark Bralley

Wednesday, October 22, 2014

Esquivel and APS lawyer's dishonesty profoundly disturbing.

It isn't so much that drowning men grasp at straws, nor that APS school board member and Defendant Marty Esquivel has found lawyers willing to help him,
as it is that,
the utterly unjustifiable amounts of money he is willing to spend and they are willing to pocket, are operational funds.

Operational funds are tax dollars that, if Esquivel wasn't squandering them, would actually end up in classrooms being used to educate children.

How much is his ego worth, really?
Esquivel and his lawyers have filed the 135th document in a case in which nearly three quarters of a million dollars have been spent; diverted from classrooms to courtrooms; their RE-BRIEFING OF THEIR MOTION FOR SUMMARY JUDGMENT ...

Within and though out the document, link, are examples of their willingness to deliberately mislead a federal court judge by creating beliefs or leaving impressions that are untrue or misleading.  I could list them all, but who is going to read a 29 page long post?

I will cite two examples; one each of individual and overall efforts to mislead the judge.

On page 9, top of the page;
47.  On two occasions after issuance of the September 1, 2010 letter, APS police officers caught plaintiff trying to sneak through a side door at 6400 Uptown Blvd.
It is a complete fabrication.  It is unsupported by any evidence whatsoever including videotape from the densest security camera coverage anywhere in the APS.

It is unsupported by any testimony whatsoever except from former APS Police Chief Steve Tellez, whose case now languishes in the hands of District Attorney Kari Brandenburg.   His entire testimony on any issue, lacks credibility even in its smallest measure.

On a more "though out" level; part of the lawsuit has to do with the fact that they would not let me attend a gubernatorial debate at Eldorado High School.  The debate was not just a debate, it was a public meeting, to which I was denied access.  Because it was a scheduled meeting of APS District and Community Relations Committee, the Open Meetings Act applies.

I challenge anyone to find anywhere in their 29 page pleading where they admit that the debate was part and parcel of a meeting as is subject to the Open Meetings Act.  Their hope is that the judge won't notice.

Their behavior is "legal", probably. 
The law represents the lowest standard of conduct,
It is the standard that every higher standard, is higher than.

While it may be "legal", is is not the way the people would have their power wielded and their resources spent.

Their hope is that the people won't notice the squandering of their trust and treasure.  In particular they hope the people won't notice before the school board election.

They will continue to receive in that endeavor;
the cover up of an ethics, standards and accountability scandal in the leadership of the APS,
the aid and abet of the Journal, KRQE, KOAT, KOB TV, and now apparently, Duke City Fix.




photo Mark Bralley

Tuesday, October 21, 2014

Duke City Fix dumps Diogenes' six

For quite awhile, my posts were showing up on Duke City Fix, link, in the form of the headlines, upon which readers could click, and then land on Diogenes' six.  Many did, indicating the headlines at least, were of interest to DCF readers.

The publishers are revamping and have decided that Diogenes' six no longer qualifies for their attention based on "no specific criteria". 

"Too critical" of incompetence and corruption in the leadership of the APS would be my guess.

We are disappointed of course, but not surprised.

Esquivel responds during public forum; by turning on his mike and coughing!

The videotape of the October 15, 2014 regular school board meeting is finally posted on APS' award winning website.  APS Director of Communications Rigo Chavez is yet to explain why the video was not posted in a timely manner.
You can if you'd like, click on the video, link,, and FF to 30:53.  You will see my presentation at public forum.

... cough, cough, ... cough, cough, cough
You will hear School Board Member Defendant Marty Esquivel coughing through his mysteriously open mike during the good parts; like where I was challenging the board to actually look at the records they are spending so much money to hide.

Two weeks from now; APS school board members will find themselves in a position where they will have to;
1.  admit the record is of a cover up of felony criminal misconduct involving APS senior administrators. Or,

2, admit to remaining willfully ignorant of the truth about that cover up.
The same can be said for the Journal, KRQE, KOAT and KOB TV.




photo Mark Bralley

Monday, October 20, 2014

Taxpayers buy 18 seat boardroom for Convention Center

In the Journal Business Outlook this morning, link, we read;

The remodel (of the Convention Center) also introduced an 18-seat boardroom in the northwest corner and a roomy stairway landing that Garcia expects will become a gathering place in its own right.
The Journal's investigation and report did not include;
Which boards if any, will meet there.
If they are government boards, 18 seats is an insult to the people who paid for it.

If they private sector boards,
How many of them are really looking for a
board room to rent and a stairway landing
in which they can hang out?
Seriously?!

The Journal chose to not report to taxpayers, the actual cost of the board room.

Just as they choose to not report still, to taxpayers, the actual cost of APS' John Milne Community Boardroom.  The still to be justified new board room was built;
over budget, link, and
  1. while inadequate financial standards were in place, and
  2. while there was inadequate accountability to such standards as there were, and
  3. while inadequate records were being kept;
the trifecta of public corruption and embezzlement.
All this equipment and 3 techs, and still no timely record of school board meetings?
















photo Mark Bralley

Sunday, October 19, 2014

APS misleads KOAT; KOAT misleads viewers re: lawsuits against Brooks

I stumbled upon an MSN report, link, to a KOAT report on the most recent settlements of lawsuits against APS and former Supt Winston Brooks.  I cannot find a link to the report on KOAT's own site.

At the end of the report, about two minutes in, the reporter said;

"APS says there is at least one other ongoing lawsuit involving Brooks."
I am aware of at least three.

If the reporter, Megan Cruz, is telling truth about what "APS" said, then " APS" misled her in order that she would mislead KOAT viewers.

Who knows, who "APS" is.  It could have been APS Executive Director of Communications Monica Armenta.  It could be APS Director of Communications Rigo Chavez.

It is important to know who, because whomever it was, was being less than candid, forthright and honest with KOAT and by extension, with all stake and interest holders.

I will forward a link of this post to KOAT.  I will challenge them to follow up on this issue;
  1. report on the exact number of outstanding law suits (and complaints in other venues) there are involving Winston Brooks and have yet to be settled, and,
  2. report on the number of dollars still on the table; dollars that will not be used to educate nearly 90,000 of this community's sons and daughters.
We will see what we will see.

It would be nice to know in time for the school board member elections and the hiring of the new superintendent.