APS' Ethical Advocate is a fraud; at best, frank waste

Below please find, a complaint filed with APS' whistleblower hotline. It has to do with the fact that APS Chief Operating Officer Brad Winter is trying to hide the truth about the money he spent at 6400 Uptown Blvd.

In essence, a request was made for the public record of spending on their new board room. Four months later, Winters and the leadership of the APS still have not told the truth about the money they were spending on themselves at a time when fire safety inspections in schools were being curtailed to curb expenses.

In essence, they have no intention of telling the truth.

Kent Walz, the Journal, and Paula Maes' cronies at NM Broadcasters Assoc affiliate stations, KRQE, KOAT, and KOB have no intention of calling them on it.

Original complaint

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.

12/12/2011 administrative response;

Thank you for using Ethics Line. Please allow two weeks (12-26-2011) for possible update or esolution (sic).

12/14/2011 administrative response;

The response date will need to be changed to 1-3-2012 due to the district offices being closed the week of 12-23-2011 through 1-2-2012. A response will be made to you on 1-3-2012. Thank you again for using Ethics Line.

12/22/2011 administrative response;

We have checked to see if an update is available regarding your request for information on the Milne Board Room. The individual that would have the information was not available. We will check again upon return from Winter Break. An update will be made available by 1-6-11. I am sorry for the delay.

1/6/2012 administrative response;

After following up about your records request, Internal Audit was told that the items have been sent to you electronically as of this date. This complaint is now closed unless we hear from you again. Thank you.

1/7/2012 Complainant;

I have received public records requests responses totaling barely $150K; a small fraction of the total amount spent on the board room. The district and Brad Winter have yet to fulfill their commitment to surrender a candid, forthright and honest accounting of the total amount spent on the board room.

1/9/2012 administrative response;

After contacting Rigo Chavez, APS Communications, he indicated that he is still waiting for the rest of the documentation from the M & O Department. Internal Audit will continue to monitor this and respond back to you by 1-23-12. Thank you.

1/23/2012 administrative response;

I have contacted the Communications Dept. for an update on your records request regarding the John Milne Boardroom. Mr. Chavez has not received any more documentation as of today. Do you want us to continue getting updated information from APS Communications or would you like to contact them directly? I am extending the deadine (sic) for another two weeks (2-6-2012). If at the end of two weeks I have not heard from you, I will close this complaint.

1/28/2012 Complainant;

I am not sure how you can close the complaint against Brad Winter when he still has not honored the commitment he made to surrender a full, candid, forthright and honest accounting of spending on the John Milne.

2/3/2012 Complainant;

re; "... extending the deadine(sic) for another two weeks (2-6-2012). If at the end of two weeks I have not heard from you, I will close this complaint." Are we in agreement that you "have heard from me" and are therefore not intending to close the complaint?

2/6/2012 administrative response;

We are still waiting for the cost of the technology from APS Maintenance & Operation. As soon as this information is received, it will be forwarded on to you. A follow up letter dated February 2, 2012, was also sent to you from APS Communications regarding this inquiry. This complaint will remain open until you notify us that your request has been completed. Thank you for your patience in this matter.

3/4/2012 Complainant;

While I appreciate the fact that you are willing to keep the investigation open, it is clear that neither Winter nor anyone else in the leadership of the APS is willing to produce a candid, forthright and honest accounting of spending on the board room. Nor are they willing to surrender public records in accordance with the NM IPRA. They well past the legal deadlines for surrender and are in violation of the law. At some point, your investigation should include the fact that Winter et al are breaking the law, rather than just staying endlessly open while they do.

On 3/6/2012 administrative response;

A letter dated 3-1-2012 was sent to you from Rigo Chavez with additional information on your request. I will continue to keep you informed.

3/9/2012 administrative response;

Another letter, dated 3-6-12, has been sent to you by R. Chavez with additional information regarding your John Milne Board Room request.

I will write to them;

Neither Rigo Chavez' letter of 3-1-12, nor of 3-6-12 constitute any real production. Interest holders still have no idea how much of their money was spent, and on what.

It is time to close this investigation. Either conclude that the leadership of the APS has produced a candid, forthright and honest accounting of spending on the John Milne Boardroom, or that they have not and clearly have no honest intention to do so.

The Ethical Advocate whistleblower hotline is not unique among venues of accountability for administrators and board members. There is nowhere anywhere in the APS, where a legitimate complaint against an administrator or board member will see due process.

Complainants' only option is to take them to court. Administrators and board members will show up there with a bevy of unscrupulous lawyers and an unlimited litigation budget, a large bore pipeline fed with education dollars otherwise destined for classrooms.

That is the essence of the ethics and accountability scandal in the leadership of the APS, the culture of corruption and incompetence and how they perpetuate it.

The fact that you can only learn about it here and not in the
paper or on TV, is the essence of the corruption between the
leadership of the APS, Kent Walz and the Journal, and
Paula Maes' cronies in the broadcast media.




photo Mark Bralley