Sunday, January 23, 2011

More legal weaselry from Esquivel, Brooks and Modrall

There is a report lying on a few desks in the leadership of the
APS and their lawyers at Modrall; the final report of an
independent investigation of allegations of public corruption
and incompetence in the APS Police Department.

The report is a public record.

When I asked for a copy of the report, APS/Modrall claimed
it was excepted under the NM Inspection of Public Records
Act because it was a "matter of opinion in a personnel record".

It is not, and the NM Foundation for Open Government
took exception. APS is now claiming; because they
hired a lawyer to hire the investigator, the investigation
is "work product" and excepted from surrender under the law.

The excuse is nonsense of course, just more legal weaselry
using tax dollars appropriated for the education of your
children to litigate exception to the law for corrupt APS
administrators and board members.

In related weaselry, Esquivel, Brooks and Modrall have
been asked to surrender any evidence that they claim
justifies Esquivel's illegal restraining order barring
me from board meetings.

In response, they write that they will use the 15 days
"allowed by the law", to respond. In other words, they
will not respond until after the election is over.

The law doesn't simply allow 15 days. The law requires
the immediate surrender of immediately available records.

The records are immediately available.

Marty Esquivel, Winston Brooks and the Modrall law firm are using technicalities, loopholes and legal weaselry to hide evidence of their treachery.

While the treachery is "legally" permissible. It is not at all
permissible under the standards of conduct that Esquivel
and Brooks establish and enforce upon students; the
Pillars of Character Counts!. According to that standard,
students are taught that being a person of character often
requires doing more than the law requires and less than
the law allows.

According to the standards of conduct that apply to
students, role models like Esquivel and Brooks are obliged
to step up and accept accountability for their misconduct;
a la the fable about George Washington and the cherry tree.

If we really want students to grow up to embrace character
and courage and honor, someone has to show them what
it looks like. Leadership starts at the top; leadership is by
personal example.

Should we stop telling children to admit that they have
"chopped down a cherry tree", and instead advise them,
when you have done something wrong, instead of stepping
up to the consequences, they should hire a Modrall lawyer
to litigate their personal exception to the law?

The question is not rhetorical.

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