According to your lawyer,
Bernalillo County Attorney Jeffery Landers;
Bernalillo County Sheriff Darren White can hide the public records of investigations into the criminal misuse of the criminal background check system under his oversight.
Despite the fact that the public records might demonstrate that White has some culpability in the public corruption and criminal conspiracy, Sheriff White can continue to secret the record from public knowledge because the investigations of the criminal misconduct fall under the "self-critical" analysis privilege. The privilege allows members of the privileged class to investigate their own misconduct and then claim exception to the public records act based on the fact that they investigated the misconduct themselves. (?)
In the language of legal weaselry, is sounds thus;
You cannot have the public records because they are excepted from the NMIPRA under the self-critical examination privilege, and
"... courts decline to require the production of these documents absent an en camera inspection and some sort of protective order. In addition, reports or other documents related to investigations conducted by governmental entities also contain information that is protected by “deliberative process privilege.”
At this point we continue to maintain that the documents are exempt from production.
You may treat this email as a denial."
"we" meaning the bad guys and their lawyers;
all of whom are public servants, and all of whom are
supposedly serving the public interest.
... like hell they are.
9 comments:
you are an idiot
And you, I suspect, are an APS administrator hoping desperately not to be audited.
I second ched's response... 150%
"you are an idiot"
Ha ha ha
Sounds like you pushed someone's button. Obviously someone has an opinion, but chose not to explain why they think this. Usually people will go into great detail of why they feel one is an idiot, after making such a comment. Otherwise, why bother to even make the comment?
Unless........ this was the best they could do.
I still can't connect the dots between White and APS. I have read the journal, looked at other blogs but can't find the connection.
Has the foundation of open government intervened in your behalf. Mr. Esquivel is on their board.
So please pay tell what does white have to do with APS
Thanks
APS leaders did criminal background checks on people. In part they were done in retaliation, as in when they did a criminal background check on a whistle blower. They also apparently ran a criminal background check on APS supt. Tom Savage's then girl friend.
These background checks broke the law; apparently felony criminal misconduct.
The computer resources that were used for the background checks were apparently under the over sight of Darren White.
It is unclear whether he knew that the background check system was being used illegally. He has refused to tell the whole truth about what happened, which tends to indicate that he has something to hide.
The information that he is hiding, in the form of public records, would also reveal which APS administrators and/or board members were aware of the criminal misuse of the system.
Some of the records are reasonably protected by the NMIPRA. Most are not, and the ones that are could be surrendered after appropriate redaction.
Again, White, APS, and the DA are all holding records that would have been released if they were actually accountable to a higher standard of conduct, than the law.
White actually broke the law when he posed as the custodian of public records and when he did not respond appropriately to requests for public records.
please see; http://ched-macquigg.blogspot.com/2007/09/darren-white-broke-law-3-times.html
the link doesn't work.
The Post is entitled; "Darren White broke the law at least five times".
Thanks for trying to connect the dots.
For Criminal Backgrounds APS could go to a number of private vendors or to the state police. If they go to the county, the county links into the state police due to they are the only ones with access to the FBI database.
If APS did go through the County, they would have to link to the county system with a user Id and password. There would be a "electronic trail" created at APS.
So if there are any records then APS would have them. Thats were you need to go.
It is my understanding that they actually used the county system.
This is exactly the kind of confusion which Darren White has an obligation to clear up.
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