Sunday, October 28, 2007

Open Government Laws test character

When tested,
Beth Everitt failed.
As did Kari Brandenburg.
As did Darren White.

There is no law written so succinctly, so unequivocally,
that there is not a lawyer without scruples,
who can argue that the law was in fact written
in the self interests of their client.

The test of character is not in whether or not the law
was followed in a "legal" sense; but in whether or not
the intent of the law was followed in an "ethical" sense.

When given a test of opening up the public record
of their conduct and competence as public servants,
and candidly, forthrightly and honestly discussing
their involvement in the criminal misuse of
the criminal background check system; they failed.

They chose to interpret open government laws,
not in the public interest, but in their own.

Everitt, and Brandenburg, and White
are all behaving "legally"; and if they are not,
their lawyers can still argue forever, that they are.

Everitt, and Brandenburg, and White
may be behaving "legally",
but they are not behaving "ethically".

There are actually laws that require public servants
to behave ethically. NM State Statute 10.16.3 requires
public officials to;

" ...discharge ethically the high responsibilities of public service."
The law is dated 1978. When I asked the 2nd Judicial
District Court Clerk for the records of complaints filed
under the law, I was told that there is no record
that any public servant has ever been held
accountable to that law.


"Apparently, it has never been necessary."
she said.

Public servants are apparently not accountable to
the law. Despite the fact that obedience to the law,
is obedience to the lowest standard of conduct
that decent humans beings will tolerate in each other.

Corrupt and incompetent public servants have created
a system under which they are held accountable
by law to a higher standard of conduct;
and then excepted themselves from any real
or honest accountability to that law.

So, while Everitt and Brandenburg and White are
technically obeying the law; they are demonstrating
that they 1) lack character, and that 2) they cannot
be held accountable for their lack of character.

One of them is the superintendent of the 20th largest
school district in the United States.
One of them is the top law enforcement officer
in the largest judicial district in New Mexico.
One of them is the top cop in Bernalillo County,
and running for congress.

Without explanation, without defense, and with having
even to acknowledge their manifest lack of character.


We are screwed.

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