Wednesday, May 30, 2007

Rigo's Rules of Order and the IPRA

They are not Rigo's rules of course. He is just a well paid flak catcher for Everitt, Maes, and Modral.

The Inspection of Public Records Act requires the immediate surrender of public records upon request.

The public records of the investigation into public corruption in the APS Police Department were requested.

Were Everitt, Maes, Modral, or whoever is actually the "leadership of the APS" men and women of character; they would surrender the records as required by the law; and as required by accountability to any meaningful standard of conduct.

They are not; and they will not.

I contacted the NMFOG.Their suggestion was to play the "legal" game. I have resisted that because it is such a hopeless waste of time and energy. Anyone who thinks that APS/Modral will ever surrender a public record against their will; greatly underestimates the capabilities of a politically powerful law firm and virtually unlimited financial resources.

Just for drill then; I will play and report. I have filed another request for records with Rigo Chavez and Darren White in which I cited specific and fatal flaws in their denials. I have forwarded copies of the request to the NMAGO; who is investigating the complaints, and to NMFOG. Copies of the complaint can be read here(BCSO) and here(APS) Ignore the post dates ; they were stuck there arbitrarily for mechanical reasons.

Setting the piece.

My request for public records prompted a response. The response was a denial based on what can only be described as an abject ignorance of the law. APS' Custodian of Public Records, Rigo Chavez, and the best of the best at Modral, would have us believe that they believe that because the body of records that I requested, contains some document that are excepted; the entire body of records is then excepted.

"...those complaints (the public records that I requested) are confidential and are not public information because thy include "letters or memorandums which are matters of opinion"

Anyone, who reads the law itself and, who is not permanently stuck on stupid, will recognize the dishonesty in that response;

"Requested public records containing information that is exempt and nonexempt from disclosure shall be separated by the custodian prior to inspection, and the nonexempt information shall be made available for inspection."

Do you really believe that neither the specifically trained Custodian of Public Records, nor the lawyers of Modral, understand what that means?

They are engaged in dishonest behavior which is not "illegal"; only by the use of legal loopholes, technicalities, and legal weaselry.

All of the perps are on the public dime. They are being paid to litigate against the public interest in order that Elizabeth Everitt and Tom Savage cannot be held accountable for the public corruption of their subordinate.

I just cannot go without saying; if the Journal or the Trib ever told the truth about the ethics and accountability scandal in the Leadership of the APS; it would be ended by public outrage. The Journal and the Trib, whoever that means, are aiding and abetting the cover up of public corruption.

If the Journal and Trib won't tell the truth;
we are all, quite possibly, screwed.

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