Monday, February 14, 2011

APS Audit Committee planning to violate the law.

APS Audit Committee meetings are subject to the New Mexico Open Meetings Act, link. They cannot meet behind closed doors except under very specific circumstances.

David Robbins and the APS Audit Committee would like to meet behind closed doors to discuss; "Whistleblower Detailed Review", link.

A detailed review of the APS Whistleblower program is very much in order. The only questions are,do they get to "review" their own misconduct and, behind closed doors?

They are going to take some step behind closed doors that provides another layer of immunity for them, from being held honestly accountable for denying due process to hundreds of whistle blowers' complaints.

This is the scandal that KOAT TV filmed my interview for,
and then Sue Stephens steadfastly refused to investigate and
report upon; hundreds of APS whistleblowers being denied
due process. And they're going to cover it up in a closed door meeting.

They want to get something done before two new board members take their seats in two weeks. Just like the extension of Brooks' contract, it will be done in another meeting behind closed doors.

The bad ones on the board, Esquivel, Maes, Lucero, Percy and Robbins, have an advantage over the weak ones; Garcia and Griego, when the meetings are held behind closed doors.

They're going to get pushed into aiding and abetting the cover ups.

The Open Meetings Act allows and requires various activities behind closed doors.

Someone went to the trouble of making a list of them;

1. Licensing
2. Limited Personnel Matters
3. Administrative Adjudicatory Deliberations
4. Personally Identifiable Student Information
5. Collective Bargaining
6. Certain Purchases
7. Litigation
8. Real Property and Water Rights
9. Certain Public Hospital Board Discussions
10. Certain Meetings of the Gaming Control Board.

APS/Modrall likes to argue that everything is a "personnel matter" and therefore exempt from surrender under any law, ever. Modrall makes so much money off litigating exceptions to the law for senior administrators and board members, if you ask how much, they won't say. These are dollars which if spent otherwise, would have been spent in classrooms; they are "operational" dollars.

According to "legal" weaselry, "limited personnel matters" means unlimited litigation creating unlimited exception, in support of corrupt and incompetent administrators and board members.

According to the law, “limited personnel matters” means;
... the discussion of hiring, promotion, demotion, dismissal, assignment or resignation of or the investigation or consideration of complaints or charges against any individual public employee; provided further that this Subsection is not to be construed as to exempt final actions on personnel from being taken at open public meetings; nor does it preclude an aggrieved public employee from demanding a public hearing ...
Are we to believe that they are finally beginning their review and approval of every single whistle blower complaint? I am a complainant twice over, why haven't I been informed of my hearing date?

There are at least two violations of the law on their agenda.
The first is their invention of a non-existent exception.

The second is that they have not described what they intend
to do behind closed doors with "reasonable specificity".

According to the Open Meetings Act;
If any meeting is closed ... the authority for the
closure and the subject to be discussed shall be
stated with reasonable specificity in the motion
calling for the vote on a closed meeting..."
Committee Chair David Robbins has not provided "reasonable specificity" about what will be discussed. He isn't being candid, forthright and honest with interest holders.

Just like he isn't being candid, forthright, and honest about his role modeling of accountability to the student standards of conduct.




photo Mark Bralley

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