APS Police Chief Gil Lovato under investigation, finally.

Among the allegations; he “misappropriated” evidence from his evidence room. He claimed that he had no access to the room. Others claimed the truth to be, he had a master key. When asked by KRQE for the truth about the master key access, he told them it was none of their business. By extension, the truth is none of the public’s business. The truth about the public service of a public servant is none of the public’s business.

That argument has a familiar and disturbing ring to it; does it not?

According to the Journal, “Another top APS official (apparently Tom Savage) instructed all sworn and civilian personnel in the school district police department not to discuss the audit or reveal what was said to auditors.” In other words, no public servant is to tell the truth to any member of the public regarding the details of their public service.

Superintendent Everitt told the Journal that “she couldn’t get into the reasons behind her decision to place Lovato on leave…” The public has no right to know the details of the betrayal of public trust by a public servant.

When asked about apparent inconsistencies in the handling of Lovato’s case, Everitt said, “It just depends on circumstances. …It’s really just based on circumstances.”

When asked why Lovato still had his master keys and a company car, Everitt offered, “it really is dependent based on individuals…”

It is a familiar theme in written standards for APS leadership; follow the rule unless you decide that you want to do something else. It is based on the premise that if you are powerful enough you can except yourself from the rules. And, if you are arrogant enough you can actually write your exception into the rule. They like to decide things on a “case by case” basis. The system works well for their friends. It works less well for their enemies.

Lovato is the subject of previous unresolved allegations of ethical and criminal misconduct in the handling of evidence. The allegations were denied a principled resolution by the leadership of the APS who used Modrall lawyers, unwitting taxpayer support of “education”, and weaknesses in the legal system to prevent the resolution of those allegations and of other allegations against senior administrators and board members.

Actual immunity from allegations of criminal misconduct was purchased for senior APS administrators and board members, by and through Modrall, when public funds were exchanged for that immunity.

When senior administrator Michael Vigil was on his way to jail for aggravated drunk driving, he is reported to have asked to be allowed to call Gil Lovato. For what do you suppose? Perhaps it was to discuss their mutual respect for the law, and for honest accountability to a meaningful standard of conduct.

According to everybody’s mother; “where there is smoke there is fire.”

So is this smoke, or is this fire?