Does the Open Meeting Act apply to NM FOG Directors?

School Board President Marty Esquivel sits on the board of Directors of the NM Foundation for Open Government. He is a former recipient of the FOG's Dixon Award for heroes of transparency.

He also wrote an illegal restraining order revoking my "privilege" to freely exercise my constitutionally protected human rights to free speech and to petition my government.

In the illegal order, Esquivel wrote;"... we are revoking your privilege to attend meetings of the Board of Education."

Unless Esquivel is using the royal "we", he means,
the school board decided to revoke the privilege.
He signed the illegal order as "President" of the board.

In order for the board to have "decided" anything, they are required to comply with the Open Meetings Act. According to the Act, all meetings, including meetings that will be held in secret from interest holders, must first announce their intention by way of publishing an agenda that identifies the decision as being on the table.

Minutes of the meeting must reflect the decision making.

APS' Custodian of Public Records Rigo Chavez was asked to surrender any record that reflected consideration of the revocation of my privileges. He did not surrender even one. There is no public record that the decision making took place.

If the decision was made in violation of the law, there are consequences, albeit meaningless; they have to take the vote again, but this time on the record. No heads roll. No matter how many times they do it.

Either Esquivel acted alone, with the aid and abet of the current Praetorian Guard leader, Steve Tellez,

in which case he has broken the law that forbids him to act except as a member of a board, or

he acted in concert with the board, who engaged in decision making in violation of clear, explicit and unequivocal law.

Nothing will happen to them as a consequence of their lack of character and courage; Modrall lawyers will see to that.

Classroom dollars will be piped to Modrall lawyers in order to litigate exception to the law for corrupt and incompetent APS administrators and board members; to insulate them from the consequences of their public corruption. They will prevail; they always do.

Modrall is making so much money off litigating against the public interests and in creating exception to the law for corrupt administrators and board members, they won't tell you how much they make.

They will prevail in no small part because the establishment media is willing to cover up the ethics and accountability scandal in the leadership of the APS.

That would be up to another FOG Board Member, Kent Walz.

New Mexico Broadcasters Assoc (Paula Maes) affiliate KOAT
and news director Sue Stephens are on record letting it slide.

Woe unto the news directors at KOB and KRQE when
I can tie them individually to the cover up as well.

I mean there's got to be some reason why Larry Barker
isn't all over this, or KOB's Jeremy Jojola.




photos Mark Bralley