Thursday, April 05, 2012

APS Deputy Chief misled investigator

Pursuant to a public records request, APS has produced a statement made to APS' Ethical Advocate investigator, by APS Deputy Chief Steve Gallegos. The statement was made in response to my complaint against him, link.

My version of the incident read;

I went to APS Administrative Offices in order to conduct personal business in the Employee Benefits Department.

After initially being denied the opportunity to do my business, I was finally "escorted" to Employee Benefits. No one else to my knowledge, is harassed by having an escort attached for no reason.

While I was conducting my business, APS Deputy Police Chief Steve charged into the benefits office, announced that he had to leave a "crisis" to attend to me, and begin harassing me. He asked me several times if I had finished my business and I told him, clearly, "no". I had not.

Never the less he arrested me and demanded that I leave the building.

I had done nothing untoward; the arrest and ejection were totally unjustified.

This is the second time Gallegos has been involved in an unlawful arrest and ejection; he helped throw me out of the EHS Gubernatorial debate, again without justification and upon Winston Brooks’ unlawful orders.
I asked the investigator to gather;
All public records; belt recordings, security videos, emails, texts, phone calls, etc related to the incident.
Gallegos has a different story.
On the afternoon of February 28, 2012 Mr. MacQuigg came to City Centre and told [name redacted] that he had business in Benefits. [name redacted] came to APSPD Dispatch where I was extremely busy dealing with three lockdowns at three separate schools. This concerned subjects with a gun and knife on the campuses. I told [name redacted] that I would meet with Mr. MacQuigg as soon as I could manage to break away for a moment. Within three to four minutes [name redacted] returned to dispatch and told me that Mr. MacQuigg was very loud, argumentative and demanded to know why he could not have free access to benefits.

I told [name redacted] to escort Mr. McQuigg (sic) to Benefits and I would meet them there shortly. Within five minutes I met them in Benefits where Mr. McQuigg (sic) held a receipt in his hand. I asked him if he finished his business and he immediately began to ask questions not related to his business. I again asked him if he was able to complete his business and he said yes. I told him that we had several lockdowns in progress and he said “then go.” Mr. Mcquigg (sic) again began to ask questions and I said I had to leave. He asked if he could finish his questions and I said no because I was very busy. I turned and began to walk back to dispatch and Mr. MacQuigg walked behind me and out of the building. No further conversation took place between me and Mr. MacQuigg.

At no time was Mr. MacQuigg arrested or ejected from the building. It appeared to me that Mr. MacQuigg wanted to question me and argue rather than conduct his business. I would not engage him in this manner.

Steve Gallegos
I have redacted the name of the CSA who Gallegos said reported my "very loud and argumentative" demeanor. This because I have no idea whether she said anything like that and APS did not produce any record that she had. If I was indeed "very loud and argumentative", a record of that behavior was made by security cameras. APS surrendered no camera record.

As to what Gallegos was doing and how busy he was; it's all a smoke screen. Gallegos had no good and ethical reason to intervene at all. I should not have been stopped at all. No one else, on their way to Employee Benefits has to wait for a personal escort from the Chief of their private police force.

The questions I asked him were legitimate; why was he there harassing me? I did suggest that if he was busy, he should, by all means, go. When it became apparent that he was not going to leave; that he was going to stay there and harass me, I did resume my questioning of his harassment.

He asked me if I had finished my business, I told him no. If, as he maintains, I answered "yes", then it would have been recorded and witnessed. Again, APS produced no records of such.

Gallegos writes;
I turned and began to walk back to dispatch and Mr. MacQuigg walked behind me and out of the building.
Despite the fact that my business was not finished, and despite the fact that I clearly did not want to leave, Gallegos would have you believe, I simply wandered after him, he having given no indication that I had to leave.

I was arrested when I was deprived of my liberty. I was ejected from the building when he insisted that I leave.

APS will not produce the public records I requested, because those records would prove Gallegos is a liar.

Gallegos isn't the only liar. When the EA investigator asked Chief of APS Police Force, Steve Tellez,
"... do we have a legal restraining order again (sic) Mr. MacQuigg barring him from the building?
Tellez responded with a lie;
No, all we have is a letter from the Board banning him from CC. (emphasis added)
True there is no legal restraining order. What there is, is an unlawful restraining order; a "letter" banning me from participating in School Board Meetings; it does not ban me from CC (City Center).

The point of this exercise was not to hold APS Deputy Chief Steve Gallegos accountable for harassing me and denying me the free exercise of my Constitutionally protected human rights. I knew that would never happen.

I filed the complaint to prove there is no due process in APS whistle blower hotline, for complaints filed against senior administrators or board members.

And, I believe I have.

photo ched macquigg


Edwina (George) Hewett said...

From seeing Mr. MacQuigg at our commission meetings, I find it hard to believe that he was anything but courteous and pointed. There seems to be a ruuning theme in all levels of government across NM to make suggestions that those who question anything government are out of line. People like Mr. MacQuigg are the freedom fighters for everyone and should be supported, upheld, and exhonerated!

Anonymous said...

I second that emotion, I have talked with, and MEt Ched many times over the years and he is practical, level-headed and courteous. I have never known him to be anything but.

ched macquigg said...

Thank you both, very much, for your kind attention.