Scofflaw School Board models “law breaking” for 98,000 of our sons and daughters.

New Mexico State Statute 10.16.3 describes the ethical requirements of public service. It reads in significant part: (emphasis added)

10-16-3. Ethical principles of public service; certain official acts prohibited; penalty.

A. A legislator, public officer or employee shall treat his government position as a public trust. He shall use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests incompatible with the public interest.


B. A legislator, public officer or employee shall conduct himself in a manner that justifies the confidence placed in him by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service.


C. Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct. At all times reasonable efforts shall be made to avoid undue influence and abuse of office in public service.

A. The Board and senior Administration decided that they will no longer be accountable to the same code of ethics as students. It is difficult to imagine how this decision serves the public interest. In so far as their decision provides exception to accountability for ethical and criminal misconduct, including felony criminal misconduct; the decision serves self interest and violates the statute.

B. The members of the School Board are required to discharge their responsibilities ethically. How does excepting oneself from accountability for ethical and criminal misconduct qualify as the ethical discharge of the high responsibilities of public service?

C. School Board President Paula Maes is married to the President of the Modrall Law Firm; an APS vendor that makes a great deal of money by, among other things, saving senior administrators and board members from accountability by preventing the principled resolution of allegations of ethical and criminal misconduct. Has this conflict of interest been fully disclosed; or is it the third strike?

Paula Maes is the President of the Character Counts Leadership Council. She, other board members, and the Superintendent are the senior role models for the District’s 98,000 students. Students are required to model and promote the Pillars of Character Counts. If they are expected to embrace character and courage and honor; someone has to show them what that looks like. Paula Maes, the Board and the Superintendent have each and every one, made it clear that they will not be held accountable as role models for students.

That is against the law.

Unfortunately, they will not be held accountable; powerful people cannot be held accountable against their will. The statute dates from at least 1978. In the Second Judicial District, there has never been a prosecution under the statute. The records clerk suggested, “I guess it has never been needed.”