APS in violation of Inspection of Public Records Act, again.

A while back, I filed a complaint with APS whistleblower program. The gist of the complaint was that APS administrators had deliberately misled an investigator from the State Auditors Office regarding the ongoing denial of due process to whistleblower complaints, link.

The complaint was adjudicated by unknowns in the APS Internal Audit Department, the same department against which the complaint was made. The apparent conflict of interest is glaring.

They closed the complaint, after finding they had done no wrong, link.

I submitted a request for public records to APS' Custodian of Public Records Rigo Chavez on Tuesday, April 26th, 2010. It read;

To: Rigo Chavez, Records Custodian
Albuquerque Public Schools

From: Charles MacQuigg

Recently, I filed a complaint with APS Ethical Advocate (#2467), alleging that APS had misled an investigator from the State Auditors Office.

That case has been closed by APS.

I am requesting any public records associated with the handling of that complaint. Should there be records for which the district is claiming exception, please make sure they should up on a list of privileged records and include relevant citations.

Please furnish them in electronic format. It makes little sense to further encumber taxpayers with the expense of printing, stuffing, sorting, and mailing that you have heretofore insisted upon.

Also, as I have previously pointed out to you, there are problems associated with inspecting records at Uptown.

Though I have only been in the Communications Office at your demand and to inspect public records; APS Executive Director of Communications Monica Armenta has apparently accused me of showing up in her office "everyday" and stalking her. I have been routinely harassed by the APS Police Department for going to APS offices. There is also the issue of my my disability; I insist that you accommodate it by not needlessly insisting that I come to your Office to inspect records.

Please acknowledge by return email that you have received this request and understand it. The records should be immediately available.

Grateful for your time and attention

macq

APS' Executive Director of Communications Monica Armenta was cc'd and acknowledged receipt.

Chavez is yet to respond despite the fact that he is required by law to respond to the request within three (business) days. When that deadline passed, APS was in violation of the law.

According to the law, I have three options;

1. solicit assistance from the local District Attorney,
2. solicit assistance from the Attorney General's Office, or
3. file my own lawsuit in District Court.

I have tried previously, to get District Attorney Brandenburg to accept her responsibility to prosecute, she declined;

Mr. MacQuigg,
I am not sure our office is the appropriate place to file a (public records) complaint. We are in the business of prosecution. Everything we do comes to us via referral from a law enforcement agency. We do not have the resources or expertise to investigate cases or complaints.
Thank you.
Kari Brandenburg

Brandenburg won't even do anything about the fact that the District is suppressing evidence of felony criminal misconduct involving APS senior administrators; the Caswell Report on the investigation of public corruption in the APS Police Department.

I have tried to get the Attorney General's Office to prosecute; equally worthless.

The only alternative is for me to sue APS and their Modrall lawyers. Been there; done that. The last time I sued them for public records they hit me with a Slapp Suit (a civil lawsuit brought as an intimidation measure against an activist) for a million and a quarter.

On Wednesday, May 11th, APS will miss another deadline; they have 15 (calendar) days to provide an opportunity to inspect and/or copy the record.