APS responds to Ethical Advocate Complaint against APS Police Chief Gallegos

APS has responded to the complaint I filed, link, against APS Chief of Police Steve Gallegos.

My complaint read;

I asked APS Chief of Police Steve Gallegos whether he had qualified with the gun he carries. He refused to answer. I asked him again, about a month later, and he told me that I am "harassing" him by asking him that (and perhaps, any other question).

As a member of the press I have a right to ask legitimate questions about the public interest and Chief Gallegos public service.

He is a public servant in a public place engaged in his public service. I resent his refusal to answer legitimate questions and further, being threatened with charges of harassment for asking legitimate questions under those circumstances.

Further, Gallegos and select subordinates regularly harass me by following me around when I attend board meetings. Gallegos will answer legitimate questions about the public interests and his public service.

As a proposed solution I offered;

He will apologize for his implied threat to prosecute me for "harassing" him.

Gallegos will rescind the orders to have police officers follow me around for no reason.

In response, some anonymous bureaucrat at APS has written;

Information is provided in response to public records requests. These requests can be filed with Rigo Chavez. Officers and/or Chief Gallegos attend the board and committee meetings. No one has been directed to follow anyone during these meetings and this can be verified through both film and observation. This issue is closed. Thank you for using Ethical Advocate.

Dissection;

"Information is provided in response to public records requests". 

Even if that statement is true, it is not always, it doesn't address any concern I raised.  Not all questions have public records that respond to them.  Are you carrying a gun, for example, is a question not answered by any public record.  Have you qualified?  is a question that a public record that addresses Gallegos' failure to qualify regularly, those records are "up to fifteen days" away as "allowed by the law" and useless in the face of deadlines.

"Officers and/or Chief Gallegos attend the board and committee meetings. No one has been directed to follow anyone during these meetings and this can be verified through both film and observation.".

Frankly, I simply don't believe them.  Their "film" and "observation" prove nothing, they still follow me around.  Former APS Chief of Police Steve Tellez admitted as much in his own sworn deposition.

This issue is closed. Thank you for using Ethical Advocate.

Typical APS; we're done - now go away.

I am still under threat of prosecution for "harassment" if I ask him another question face to face.  This though there is no law that protects him from legitimate questions about his conduct and competence as a senior public servant within his public service.

I wrote back;

The resolution is categorically unacceptable.

Gallegos is free to continue to intimidate me with the threat of criminal prosecution for "harassing him" if I ask him another question face to face.

There is no law that says I have to file a public records request as my only avenue of gathering data. Clearly, not all questions can even be answered by public records. Are you wearing a gun you cannot qualify with? is not a question whose answer lies in a public records.

I require assurance that Gallegos'' opinion that my asking him legitimate questions is "harassment" in any form is unacceptable. This complaint is not closed.