Monday, April 14, 2014

Berry broke the law. Will he pay the fine?

There is a body of law in New Mexico called the Governmental Conduct Act, link.  If the ACT does clearly and unequivocally prohibit misfeasance, malfeasance and nonfeasance, it should.  I will proceed under the assumption that it does.  I will proceed assuming as well, and again without citation, that the Act provides for the prosecution and punishment of violators.

There is a point where ignorance becomes so egregious that it cannot be other than willful.  There is a line between egregious and willful.  Drawing a sharp line is impossible and therefore problematic if the ignorance is marginal.

In this case, the ignorance is so egregious, so far past beyond any line however fine or broadly drawn, that we needn't trouble or concern ourselves with further its consideration.

This ignorance is too execrable to ignore.  Whether it is egregious or willful is moot. The one is as bad as the other.  Neither is acceptable.

Ignorance this abounding, must be nonfeasance, misfeasance, and depending on circumstances still secret from public knowledge, possibly/probably malfeasance (Wikipedia derived);

nonfeasance; failed to pay attention when required
misfeasance; willfully ignored the truth
malfeasance; willful ignored the truth and parties were injured
So who can the people depend upon, really depend upon,
to see that Mayor Richard Berry is held honestly accountable
to the provisions of the NM Governmental Conduct Act?

The question unfortunately, is not rhetorical in the least.

There is no history of which I am aware, of powerful politicians and public servants in New Mexico, being held honestly accountable for their failure however abject,
"... to justify the confidence placed in them by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service."

Good leaders accept personal accountability including personal
consequences for their conduct and competence.

Great leaders demand them.

Richard Berry has done neither.




photo  Mark Bralley


Addendum; 
rather than rewrite this post and re-post it after substituting APS, the school board and superintendent where appropriate, I will simple re-ask the question;
Who is going to hold the school board and superintendent for their egregious or willful ignorance regarding student discipline issues in APS classrooms and hallways, link?
Again, the question is not rhetorical. 

One would think a free press would be of some use.
One would be disappointed.
Who is going to hold Kent Walz and the Journal accountable for their egregious or willful ignorance of problems in the APD and the APS?
And one last time, the question is not rhetorical?

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