Sunday, August 08, 2010

Locksleygate litigation will raise "open government" questions

The litigation surrounding UNM Head Football Coach Michael Locksley's "alleged" misconduct will raise questions, albeit tangentially, about the most fundamental issue of open government.

Plaintiff, former Assistant Football Coach JB Gerald's lawyers will argue that their client was denied fair treatment by the UNM, both individually and institutionally. They will have to argue that there is not,

inescapable accountability to meaningful standards of conduct and competence,
for UNM administrators.

Whether Gerald or any other UNM employee, is in fact,
protected by adequate standards and accountability,
is the real question.

It would appear that there are not those standards, and
there is not, that accountability. And, it would appear,
the UMM leadership and their lawyers would rather,
the question not be investigated.

UNM President David Schmidly has made it pretty clear that he has no interest in any impartial investigation of administrative standards of conduct and competence, or of his actual and honest accountability to them. He doesn't want anybody looking at the UNM's administrative standards and evaluating their adequacy. Nor, does he want anybody to look at whether a legitimate complaint filed by the least powerful employee or stakeholder, will receive due process.

At the risk of stating the obvious, there are substantial problems with both, and especially with, honest accountability for the most powerful public servants.

Gov Bill Richardson appointee, UNM Regent's President Raymond Sanchez is no more inclined to see the truth told than is Schmidly, link.



Do the people have a right to know the truth about the spending of power and resources that belong fundamentally to them?

Do we have the right to see the results of an independent standards and accountability audit of the leadership of the UNM?

Richardson, Sanchez
and Schmidly would have you believe,
they have no obligation to tell you the truth about standards and accountability at the UNM.

Just like Bernalillo County Manger Thaddeus Lucero would have you believe that you have no right to see the ethically redacted results of any investigation of standards and accountability in the MATS Scandal.

Just like APS School Board President and Open Government Lawyer Marty Esquivel would have us believe we have no right to see the results of an independent investigation of public corruption and incompetence in the leadership of their Praetorian Guard; the APS Police Department, link, Administration and School Board.

The opponents of transparently accountable government are winning the fight over the surrender of the truth, not because their position is compelling, or even defensible, but rather, because they never have to defend it.

There is no way to get them to defend their position in a fight, because they will never engage in a fight. They will pay the Geralds, Lovatos, and Dantis's of the world enough (public) money to convince them to surrender their right to their day in Court and forgo their opportunity to expose the system for what it really is, and the good ol' boys for what they really are.

... and no one will be the wiser,
especially the people footing the bills.

There is no government by the people which is at once,
secret from the people.

Those secrets will not be shared willingly.

We will have to fight for the truth; we will have to fight for
independent standards and accountability audits of politicians and public servants, and of their public service.

They will not commission them otherwise.




photos Mark Bralley

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