The intention of the law is clear;
Darren White is to surrender the public record.
He refuses; in violation of (at least the spirit of) the law.
There is what a law is supposed to mean, and then there is what unscrupulous lawyers can litigate it into meaning.
Those who wrote, and voted for the New Mexico Inspection of Public Records Act (link) meant;
"The law requires public access to virtually all public records. ... with "a few legitimate exceptions..."Those who seek to except themselves from accountability to the law, will litigate anything into falling under those few exceptions.
They do not do so legitimately; mostly they do it with loopholes, technicalities and legal weaselry. All of which are paid for with public resources.
Darren White has an obligation to tell the truth about the public corruption and criminal conspiracy in the leadership of the APS, that lead to the criminal misuse of computers systems under his oversight.
Instead, his lawyers (who's salaries you pay,) will delay the surrender of public records for as long as they can
which is a very, very long time.
Taxpayers are underwriting the cost of corrupt public official's efforts to except themselves from accountability to the law.
There is only one reason to hide the truth; the truth hurts.
In this affair, those who sit at the desk where the buck stops have a reason to suppress public records; they are covering their asses.
Less clear, is why District Attorney Kari Brandenburg is suppressing the truth. Perhaps it is just a courtesy being extended among members of the privileged class.
Less clear still, why the media will not ask Darren White, Beth Everitt, or Kari Brandenburg to explain, defend, or even acknowledge the public records that are being suppressed unethically.
Perhaps that too is simply privilege being extended among members of the privileged class.
5 comments:
APS is run by the Board of Education.
Darren is the Sheriff. If there is any criminal activity it would be investigated by the Albuqueque Police department.
Clear
The Albuquerque Police Department does not investigate violations of the New Mexico Inspection of Public Records Act. Neither does the DA, although her office is specifically mentioned in the NMIPRA as an enforcement arm.
If the NMAGO will not enforce the law, a citizen would have to sue in District Court.
In any case, APD would be of no use.
Is the State BAr Association any help in this? IS there a process in this state, like other states, to file citizen's complaints against "twisting" of the law by lawyers?
There is no where, where you can go with a complaint where you will not be opposed by unscrupulous lawyers on virtually unlimited budgets who litigate exception to the law.
Their defeat will not come in court; the own the legal system.
The beginning of the end of self exception to accountability by public officials; is when the leadership of the APS finds itself honestly accountable to a meaningful standard of conduct; even against their will.
One a precedent is set; then we are off to the city council, the county commission, the state legislature, and ...
Who knows, maybe someday every public servant in the country will find themselves transparently accountable to meaningful standard of conduct and competence within their public service.
APS reform is going to take hundreds of people with torches and pitchforks wresting back control over their power and resources.
Against the wishes of some of most powerful people in the state.
Not one of them is willing to be held honestly accountable for their conduct and competence.
Go to FOG, god bless bob johnson, they are still active and alive. If they say no, then you don't have a minimum argument that would make them work for you.
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