Brad Winter subject of nonfeasance complaint.

APS Chief Operation Officer Brad Winter has been named in a complaint filed through Ethical Advocate; APS' whistleblower complaint and protection program.

I filed the complaint in no small part to demonstrate again that it will do no good to file a complaint; legitimate complaints against administrators and board members do not receive due process.

This though, the promise of due process for complaints is fundamental to the very integrity of any program whose purpose is to provide honest accountability to any kind of standards.

I filed it as well, as a matter of
principle; I believe APS' Chief
Operating Officer Brad Winter
is guilty of nonfeasance at the
very least; malfeasance at worst.

He promised to surrender the
public record of spending in the
John Milne Boardroom, if a
formal request for public records
was filed. It was, and he reneged.

The complaint reads in significant part;

Please describe in detail the situation or event

APS' Chief Operating Officer Brad Winter made a commitment to surrender a candid, forthright and honest accounting of spending on the John Milne Boardroom. He made the commitment in front of witnesses at the Goals Setting Meeting at Manzano High School on November 17th, 2011.

He promised to surrender the record in response to a request for public records.

I filed a bonafide and accepted request for the public records, and Winter (the APS) has failed to surrender the record in violation of the New Mexico Inspection of Public Records Act.

While he may argue that the surrender of public records is between me and their custodian of public records, it was his commitment to surrender the record. If he was in no position to ensure the surrender, he should not have made the commitment.

Please provide details, including who, when, and where:

If there is anyone at all, in the entire senior leadership of the APS or on the school board, who is unaware of the effort to hide the public record of spending on the John Milne Boardroom, they are willfully ignorant.

How do you think this situation should be resolved?

Brad Winter should honor his commitment to (see that) a candid, forthright and honest accounting of spending on the John Milne Boardroom be surrendered to public knowledge.

Do you have any additional comments?

Winters, and the leadership of the APS, have been hiding this information, since my first formal request in January, 2008.

His, and their, nonfeasance is willful and deliberate.

Winter's refusal to surrender public records enjoys the tacit approval of the entire leadership of the APS, all of whom have a self interest in keeping the information secret from public knowledge.

They have an ongoing record of hiding public records. Witness; their unlawful hiding of the public records of felony criminal misconduct in the leadership of the APS and their publicly funded private police force, circa 2006-7, and since.; the Caswell Report.

photo Mark Bralley