Wednesday, November 07, 2012

The "spirit of the law" a la APS

The Journal gave APS' Custodian of Public Records Rigo Chavez space to argue that

“Albuquerque Public Schools follows the letter and the spirit of the state Inspection of Public Records Act,
and has done so in this case.”
The "case" he refers to; the board and administration have in their possession, findings from at least three investigations into felony criminal conduct involving senior APS administrators. Those findings are public records and are subject to the New Mexico Inspection of Public Records Act, link.  The spirit of which recognizes that;
access to public records is one of the fundamental rights afforded people in a democracy, 
and that
the records custodian will separate out the exempt information in a file or document and then make the rest of the record available for rather immediate inspection.
What APS (Brooks and the board) have done, is to redact all three (or more) sets of findings in their entirety; hardly in the spirit of the Act.

There is a wormhole they can weasel through; claiming the right to hide the findings as their lawyers' work product.  The courts will decide whether their claim is justifiable; our side argues that they are not.

Regardless of the eventual outcome of the litigation, the problem is that the board and superintendent want to afford themselves of the option of keeping public records secret from public knowledge in the first place.

According to the doctrine the board establishes and enforces upon students;
People of character must often do
more than the law requires and
less than the law allows.
The Act doesn't require them to hide the truth;
it allows them to hide the truth about
their own corruption and incompetence.

The Journal won't ask them why they want to hide the truth.

Why does the board and their superintendent want to hide the truth in the first place, except to cover up their own felony public corruption and incompetence.

Why won't the Journal ask them, why?

Except in their aid and abet?

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