Friday, January 19, 2018

APS denied Don Moya's IPRA request and violated the law

Insofar as justice delayed is justice denied,  APS lawyers denied Don Moya's request for public records of the money APS paid lawyers to obstruct his efforts to hold APS board members and senior administrators accountable for their retaliation against him as a whistleblower.

As part of the settlement agreement that Moya signed, at least one term stands out;

(5)E Plaintiff will withdraw the IPRA request made to APS on October 18, 2017 requesting copies of all legal bills, invoices, or other legal billing materials for work performed by the law firm German and Associates between August 7, 2015 and the present.
A few things seem obvious; the first being; the leadership of the APS does not want stake and interest holders to know how much they squander on legal defenses in order to separate their guilt from their names.

Obvious as well, to those who understand the NM Inspection of Public Records Act, here cited in significant part;
A custodian receiving a written request shall permit the inspection immediately or as soon as is practicable under the circumstances, but not later than fifteen days after receiving a written request.
APS obviously failed to meet the deadline.  As of January 5th of this year, they still had not filled the request.

Are we to believe that German and Associates records are in such disarray that they can not be assembled in 79 days?  Are there so many of them that the request is burdomsome?

One would think, one would hope, that APS' efforts to keep stake and interest holders in the dark about how their money is being spent in meetings in secret and of which no recording is made, in the self interests of school board members and seniors administrators seeking to escape the consequences of their corruption and or incompetence, would strike Journal editors as newsworthy.

Apparently, it does not.

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