Friday, June 22, 2007

George McFall, of the Modrall law firm

is on the Cc. list for Rigo Chavez's denials of requests for public records. Sometimes the Cc. list simply says "Modrall Law Firm".

If the denials actually find their way to McFall's desk;
or some other lawyer at Modrall, and if they actually read them;

then tax dollars are apparently being spent against the public interest; and the public has reason to be upset with APS' stewardship of their tax dollars.


Requests for public records are being denied by Rigo Chavez, who represents the leadership of the APS as their Custodian for Public Records.

The leadership of the APS is denying the requests "...because they contain information that is either opinion or based on opinion."

The specific exception to the NMIPRA reads;

Letters or memorandums which are matters of opinion in personnel files or students’ cumulative files. (are excepted from surrender to public knowledge)
A commentary by the NMAG accompanies the law in this particular presentation.
"This exception is aimed at protecting documents in an agency’s personnel or student files that contain subjective rather than factual information about particular individuals."

"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."
Apparently, public records are being withheld from public knowledge, by feigning abject ignorance of the law.

Which begs the question;

Why are taxpayers paying APS lawyers to read Rigo's denial letters, if they are too incompetent to recognize that the requirements of law are being ignored?

Or worse, why are taxpayers paying APS lawyers to review letters of denial, to make sure that the law can be ignored by the leadership of the APS, without consequence?

In either case, it is apparent that taxpayers are not getting much for the tax dollars which they entrust to the leadership of the APS, and which find their way to the coffers of the Modrall law firm.

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