Sunday, January 20, 2013

APS could simply post the public record

APS School Board enforcer Marty Esquivel maintains that my
conduct at school board meetings has been so abhorrent that
he is justified in revoking my several First Amendment rights
to participate in school board meetings.

There is a body of evidence that he will seek to have introduced,
all the horrible mean spirited crap he can have found, but also including; any public records which might exist and are not specifically excepted by the Inspection of Public Records Act.  I would add; ethically redacted.  I would argue that as the senior most role model of ethical standards of conduct, he is bound by them whether he likes it or not.

If a public records request for " every public record of every school board meetings; all the videotape, all the audio, security camera footage, gun belt recorder tape, lapel camera footage and every document public records, and then posted it online, I would welcome it.  I've been trying to do exactly that for years.

They will claim by implication, that the law prevents them from producing the truth because they are in litigation over their refusal to produce public records.  At best the law allows them to hide the records; it does not require them to.

They are under no ethical obligation to hide the truth because they are being sued over hiding the truth.  Quite the opposite. They're not bound by the law, they're hiding behind it.

A legitimate question is asked.
It makes no difference who asked it or why.

What proof do they have, in the form of ethically redacted public records; any security camera, any belt recorder tape, any lapel camera footage, any public record at all, that my conduct at any school board meeting ever, justifies denying me free exercise of my Constitutionally protected human rights to participate in public meetings of the APS School Board?

In fact, that question has been asked in the form of a public records request.  Their entire production justifies nothing.  The video tape of the November 4, 2009 regular meeting, is our proof of Marty Esquivel's abuse of my civil rights.  Who're going to believe, Marty Esquivel or your lying eyes?  Watch the video yourself, link.  I welcome you to view every videotape, to listen to every audio tape, and to read every public record.

Marty Esquivel and his lawyers, not so much.

I, or you, could ask for those records and post them online the instant they were produced; many years and many dollars down the road.

They, could post them right now for free.

The law doesn't prevent them from posting the ethically redacted record in a link on their award winning website; an abject absence of character and courage does.

Esquivel throwing Bralley and me out of the Aug 25, 2010 Audit Committee mtg
I would love for you to listen to the audiotape of  the audit committee meeting we allegedly disrupted.  It isn't we who are keeping you from listening to it, it is the school board, senior administrators, their lawyers, and their lawyer's lawyers, who are standing in your way.

This is a case in point on real transparency accountability in the APS.  They hold all kinds of awards of being transparent; hell, APS Supt Winston Brooks is a bona fide Hero of Transparency, according to Esquivel, Journal Managing Editor Kent Walz, and the NM FOG Board of Directors.

The true measure of transparency is the difficulty with which inconvenient records are gathered.

They are not restrained by the law, they are hiding behind it.

According the standards of conduct Esquivel rather did not exist, the higher standards of conduct he established and enforces upon students, one's good character depends on their willingness to do more than the law requires and less than the law allows.

There's only one reason to hide the truth, and that is
to hide from the consequences of so doing.

If we expect students to grow into adults who embrace character and courage and honor, someone has to show them what it looks like.

Character is taught by personal example; character is taught only by personal example.

photo Mark Bralley

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