Tuesday, July 31, 2007

No APS administrator has been held accountable

...nor has that administrator been identified by name;

for having authorized the spending of more that a half a million dollars on the unnecessary renovation of the new board room;

during a period of time when the students at Susie Rayos Marmon Elementary School didn't have a decent roof over their heads.


Nor will that administrator ever be named;

nor will s/he ever be held accountable for their betrayal
of the public trust.


All the leadership of the APS and this administrator had to do to avoid accountability was to refuse to tell the truth;


all they had to do was stonewall.

Mayor Martin Chavez Must Stand to be Counted

Recently, on his radio talk show, Martin Chavez said that he is in support of Marty Esquivel's proposed APS administrative accountability audit.

He also said the Journal and Trib will not report upon his support.

There is at least one way to determine the validity of both representations.

If he is really willing to stand up to Paula Maes and the Modrall Law Firm, et al, in their efforts to exclude administrators from an administrative audit;

if he is really willing to stand up for honest accountability for public servants in the public schools;

if he is really willing to stand up for an honest and impartial audit of the public interests in the public schools;

if he is really willing to stand in defense of the Pillars of Character Counts as an entirely appropriate and necessary standard of conduct for the senior role models for 90,000 of our sons and daughters; students who are themselves accountable to that very standard;

then he must stand up to be counted.

There is no equivalent gesture.


If he stands in defense of his beliefs during the public forum of the board meeting tomorrow afternoon;

and if the Journal and the Trib continue to refuse to report upon the ethics and accountability crisis in the leadership of the APS, and upon his support of honest accountability in the leadership of the APS, then;


Mayor Martin Chavez' commitment to APS accountability,
and the Journal and Trib's commitment to hiding the truth from stakeholders, are both proved.


...and beyond reasonable doubt.

the squandering of public trust and treasure in paying the Modrall Law Firm to litigate against the public interest

I have for a number of years; I have alleged that the leadership of the APS has been using public funds, and the Modrall Law Firm to litigate against the public interests.

The allegation has not been denied;
neither by the leadership of the APS, nor by Modrall.


In fact, the allegation cannot be denied. It cannot be denied because they are damned by their record. It is the same reason that the leadership of the APS and Modrall will continue to fight against a real and honest audit of the leadership of the APS, and the consequent exposure of that record.


If anyone from APS or Modrall stood on the record and denied the allegation; the response would be a demand that they surrender the public record of the entire relationship of the axis of the APS board, administration, and Modrall.

They have no choice but to refuse to surrender public records; and evade an honest and impartial (forensic) audit of the public interests in the public schools.

They will claim "personnel protection"; a phrase which oddly simultaneously represents a deliberate lie, and the whole and unvarnished truth.

Their argument is indefensible; so it will not be made.

They will follow the path of the only defense of an indefensible decision; they will continue to stonewall.

School board votes themselves a raise

According to the Journal, the APS school board's finance committee voted in favor (3-2), of raising their "per diem" by 27%.

The almost 30% raise is probably justifiable; the per diem has been fixed since 1990.

The argument for a reasonable compensation for the sacrifices made by board members parallels the discussion of the proposed pay raise for city counselors. Basically, if you expect talented people to serve is these capacities; you should expect to pay them fairly.

Otherwise you end up with a policy making board made up of members of the privileged class; those who can afford to donate their time "for free". It skews the overall philosophy of the board or council.

On the other side of the argument, you have those who believe their representative is not earning their current compensation; much less increased compensation.

In this case, it could be argued that Paula Maes/Modrall, Robert Lucero, et al, should not only be refused their raise, but should be fined for;

  • their abdication as role models of the student standard of conduct;
  • their failure to provide transparency in the administration of the public interests in the public schools;
  • their movement of the public forum off of the public record, and the effective denial of the public right to petition their government;
  • the deliberate falsification of the broadcast record of board meetings;
  • their failure to protect the public interests in the public schools by providing no system under which APS administrators or board members can be held accountable for their conduct and competence as public servants;
  • their squandering of public trust and treasure in paying the Modrall Law Firm to litigate against the public interest;
  • their dissolution of parent advisory councils; and
  • their recent passage of a comparatively meaningless, and completely unenforceable code of ethics as the only standard of conduct to which they are accountable.


...just to name a few.

Monday, July 30, 2007

APS' $100,000 salary club

It's not so much how much they earn, as it is,
are they worth it?

In order of their appearance in the Journal this morning. (sub req)

Monica Armenta, APS Director of Communication.
Take for example her communication of the truth about the Administrative Conference on Education recently held at the Inn of the Mountain Gods.
Community stakeholders, if asked, would say that they had not been communicated with; not even a posting on the district website (because such posting was not required by "law").
The leadership of the APS on the other hand; would argue that her $105,000 salary to keep the truth from public knowledge was well earned.

Elizabeth Everitt, APS Superintendent.
Recent polls show that the community, if they had the opportunity, would remove Beth Everitt from her post, by a margin of 10 to 1.
Paula Maes/Modrall on the other hand, is about to lead an effort on the board to give her a bonus based on her upcoming "evaluation".

Tim Whalen, Principal of Manzano High School, who fancies himself the second most influential administrator in his community.
It is unknown how the community feels about Tim Whalen; because they are not asked. Does he command more respect than say, Principal Andy Barrett who made considerably less?
The leadership of the APS placed him, and maintains him in his position, by a system which promotes administrators based on subjective evaluations that have nothing to do with the promotions.

Tom Savage, Supervisor of Gil Lovato and the APS PD.
The community feels that Mr. Savage failed to protect the public interests in the public schools.
The leadership of the APS according to the Trib, is considering him among candidates for the next superintendent.


According to Andrea Schoellkopf, there is speculation that Paula Maes/Modrall et al, are prepared to lavish $300,000 on their next little buddy.


If that person where willing to hold him/herself honestly accountable to a meaningful standard of conduct, under a transparent system over which they have no control; and even against their will;

and expect the rest of leadership of the APS to do the same;


they might even be worth it.

Sunday, July 29, 2007

Rule # 7; avoid conflicts of interest, or the appearance thereof

Recently, the leadership of the APS held the
Administrators Conference on Education.

Information on exactly who attended is not readily available; although the district says the conference was attended by more than 400 district administrators; principals, assistant principals, and program directors.

The conference cost in the neighborhood of $62,500;
the equivalent of two new teacher salaries,or two new
portable classrooms for Susie Rayos Marmon E.S.

The costs were split among taxpayers, the APS Foundation, and a committee formed for the purpose of soliciting donations in support of the tri-annual ACE.

The APS Foundation apparently contributed $2,500. A quick look at their website reveals that they solicit donations in the name of professional development for teachers, eye exams and glasses for underprivileged students, tutoring, fine arts programs, middle school athletic programs, scholarships, and the 2nd Grade Reading Academy.

Administrative retreats at posh casino resorts are not specifically listed among the many worthy projects that they support.

20% of the conference was paid for by taxpayers; $12,500. Not a huge sum of money in a billion dollar budget; but equivalent to a quarter of the cost of the search for a new superintendent; a search which Board Member Mary Lee Martin says the district cannot afford.

The remaining 75%, $46,875 ,was contributed by "private businesses".

When asked if donors had to disclose whether or not they are APS vendors, APS Spokesperson Monica Armenta wrote; "no disclosure is needed on our part. Private businesses can donate what they’d like to anyone they care to support"

When asked if there had been any public announcement or notification of the conference, Ms. Armenta offered; "No public statement is needed. This is professional development."

What we are left with, is a semi-secret conference, paid for by donors who are not asked to disclose any business interest they might have in the District.

Why was the conference semi-secret?

Wasn't this a good opportunity for the district's half million dollar community communications staff to inform the community that administrators would be receiving professional development that was so worthwhile that over 400 administrators were each willing to drive over 400 miles to attend?

Or would it have been just too embarrassing, under the current circumstances, to admit that the conference was being held at the Inn of the Mountain Gods?

Why aren't donors expected to reveal potential conflicts of interest?

What if one of the donors was say; a roofing contractor that sells crappy roofs to the district at exorbitant prices?

I am not suggesting that any donor knowingly contributed money to support administrative drunkenness and debauchery at the most expensive casino resort in the state in order to incur favor during the vendor selection process.

There is no evidence to support any such claim.

But the circumstance do beg the question;
who would knowingly donate tens of thousands of dollars to underwrite an administrative soirée at the
Inn of the Mountain Gods; and why?

Further, circumstances beg the question;
if this is not the appearance of a conflict of interest;

...what is?

Mayor Martin Chavez Drops a Bombshell on Radio Talk Show

Mayor Chavez hosted a radio talk show Saturday on KKOB radio.

I called to ask him point blank why he is letting Marty Esquivel stand alone in carrying the fight for accountability in the leadership of the APS.

It went something like this.

Mayor, you have been a long time critic of the lack of accountability in the APS. Why are you now abandoning Marty Esquivel and the effort to institute real and honest accountability for the leadership of the APS?

The Mayor answered with a question; What makes you think that I don't support both accountability and Marty Esquivel?

I said; because I haven't read that you have in the newspapers.

He answered; You need to ask the newspapers why they won't report my support.

He elaborated; the gist was that the newspapers were refusing to report upon his concerns and suggestions; just as they have refused for so long to investigate and report upon mine.

The record seems to substantiate the Mayor's claim. The failure of the Journal and Tribune to fully inform stakeholders (voters, taxpayers, parents, ...) is self evident.

Submitted as proof:

There is a question on the table concerning the upcoming audit of the leadership of the APS. Neither the Journal nor the Trib will report upon the issue.

Those who want to end corruption and incompetence in the leadership of the APS, are demanding an audit of both process and personnel.

Those who want to protect the corrupt and incompetent from exposure, are demanding as audit of the process only; individual corruption and incompetence will not be examined.

This is problematic. In a previous audit of the leadership of the APS, the Council of the Great City Schools reported a number of critical problems. Not the least of which; they reported that administrative evaluations were subjective and unrelated to promotions. More recently, in their audit of the corruption in the APS PD; they wrote that the leadership of the APS has routinely failed to act on the previous recommendations of audits.

This implies that an audit of the process will expose a system that lacks any kind of meaningful accountability, and the response of the leadership will be to ignore the criticisms.

None of this is reported in either the Journal or the Trib; despite the far reaching importance of the decision. In fact, this is a fork in the road for the leadership of the APS. The future will be profoundly different for the leadership depending on the upcoming audit. In the future, they will be honestly accountable to some meaningful standard of conduct; or they will not.

Never has the future of this school district been so uncertain; and neither the Journal nor the Trib will print the truth.

Nowhere have you read that the audit proposed my Marty Esquivel is being perverted.

Nowhere have you read that Paula Maes/Modrall, Robert Lucero, et al. are demanding an audit will leave their corrupt and incompetent cronies in the leadership of the APS, and their personal corruption and incompetence, hidden from exposure.
I knew a man who routinely settled contradictory stories by, as he said, "getting all the liars in one room."

The opportunity presents itself Wednesday next. There will be a public forum before the school board meeting.

At that forum, Mayor Martin Chavez can stand on the record, and demand a comprehensive and impartial (forensic) audit of the public interests in the public schools. He can demand a transparent selection process for the new superintendent. And, as an outspoken advocate of Character Counts, he can demand that the leadership of the APS re-assume their responsibilities
as role models of the student standard of conduct.

If he is unwilling to stand up for his beliefs; doubt is cast on his contention that he has already stood up on these issues; and the Journal and Tribune have refused to report upon it.

If he is willing to stand up at a public forum, in defense of his beliefs; and the Journal and Tribune refuse to report upon it, then it is proved that the Mayor is telling the truth when he says the papers are deliberately deceiving reader stakeholders.


...which is the same thing I have been saying for years.

Saturday, July 28, 2007

“APS Teachers Deserve Voice In Superintendent Selection”

The Teachers Federation President speaks out in the Journal (sub req) on the selection process for the new superintendent.

Please take the opportunity to read the essay posted
on eye on aps.

Thursday, July 26, 2007

Community Safety Commission ignores CoGCS recommendation

As reported by Jessica Garate and KRQE, the Journal and the Trib, the Community Safety Commission has made their recommendation on the course of action for the APS and its police department.

Their recommendation is to make APS police a fully authorized and accredited law enforcement department.

That was not the recommendation of the "experts" brought in to review the APS PD.

When the Council of Great City Schools investigated the administration of the APS PD, they concluded that,
these people shouldn't be responsible for a full fledged professional police force.

They wrote;

The failure of the district's Board of Education and its executive leadership to act on recommendations contained in previous APS PD studies suggests that they lack the interest and the capacity to oversee the functions of the department.

The commission ignored this finding apparently because they rejected the finding outright, or because they have established that the finding is no longer true.

There is no evidence of substantive change; and no reason to believe that the same individuals who a few months ago lacked the interest and capacity to oversee a police department; have magically acquired an interest and the attendant skill sets.

If evidence were presented; it would be suspect; because as the Council of Great City schools noted in their report;

"The team was advised that there is a prevailing culture..." (of deliberate deception in the leadership of the APS).

Submitted as proof;

the leadership of the APS continues to hide results of the independent investigation of the corruption and incompetence in the APS PD.

Gene Grant; a different point of view on gradegate.

With very, very few exceptions, locals are expressing their outrage over what looks like the privileged class getting caught with their fingers in the cookie jar.

Gene Grant sees things differently
according to his column in the Trib.

He sees the public officials and their son as victims
of the violation of their right to privacy.

He sees apparently,
only the rights of the parents and students.

He does not see the right of all stakeholders to know the truth about their interests in the public schools.

I am sure Gene Grant would argue that in this case, the right to personal privacy trumps stakeholders' right to the truth. He shares the Trib's lack of concern for this community's right to know the truth about the administration of the public trust and treasure in the APS.

Grant posits, this was a choice between right and wrong;
when in fact it was a choice between right and right.

He goes on to suggest that racism played a part in the publicity surrounding the grade change. He is entitled to his opinion. I have listened very carefully around this issue and he is the first to suggest that racism played a part.

In any case; he and I came to at least one similar conclusion; I a month before he.

When Beth Everitt said that it is unlikely that we will ever know the whole truth about what happened; ...she wasn't just a goofin.

Grant wants to see the subpoenas served. He is too late; that boat already sailed. Had he or the Trib spoken up on the subpoenas a month ago; it might actually have made a difference.

Grant hit the nail on the head in his closing;

"This situation will likely slink into the sunset..." (without further notice.)


but only because the Trib and the Journal will not investigate and report upon the corruption and incompetence in the leadership of the APS.

Voters will not pass another APS mill levy or bond issue

Voters have lost faith in the leadership of the APS.

Given no other choice; voters will eliminate the waste of public resources by incompetence and corruption, by denying funding altogether.

The board could remedy the situation in one move;
an honest administrative accountability audit.

Apparently they will not make that move. Why?

There is only one logical answer. They lack the will to conduct an audit knowing that many of of their cronies will not survive an audit.

Asses are being covered at the expense of the education of almost a hundred thousand of our sons and daughters.

Those not damned by their record have nothing to fear;


nor do they have any reason to oppose an audit.

Lovato vs. APS; Settlement in the Works

Common ground has been established between the warring factions; Gil Lovato and Sam Bregman will leave with a considerable amount of cash.

Lovato and Bregman are willing to accept a considerable amount of cash; and

the leadership of the APS and Modrall are willing to give them a considerable amount of cash; in order to keep the evidence of public corruption and incompetence in the leadership of the APS from being disclosed in open court.

Right now, they're just haggling over the amount.

When they do settle, the Journal editors will smote them with an editorial harrumph;

and the editors of the Tribune will hand them a brickbat.

The lawyers at Modrall will make a lot of money for what is certain to be a considerable number of billable hours. Board President Paula Maes will benefit in as far as the President of the Modrall and his wife share the spoils.

Sam Bregman will leave with a boot full of tax dollars.

Gil Lovato will leave with the other bootfull.


Leaving with empty boots will be tax payers who are given no other choice in their effort to fund a decent education for their children;

...than to dump their hard earned money into a cesspool of incompetence and corruption in the leadership of the APS.

Wednesday, July 25, 2007

The Relationship Between Leadership and Privilege Begs Scrutiny

Consider everyone you know
that fancies themselves a "leader".

Then consider everyone you know
that fancies themselves "privileged"

(to play by a different set of rules than the rest of us).


And are they not one and the same people?

And is that not a big part of the problem?

"Role modeling" used to be an educational buzzword

It has not been; ever since the leadership of the APS decided that they were unwilling to be held honestly accountable in that capacity..

Now the word is an anathema; and likely never to be heard again.

Beth Everitt is required by the employee code of conduct to be a "positive role model". Rather than seeking to step up to that challenge; her response has been to simply eliminate any and all accountability as a rolemodel.

Fortunate for her that she cannot be compelled to explain, defend, or even acknowledge her abdication.

Fortunate for her that the Journal and Trib have decided not to investigate or report upon her resignation as the senior administrative role model in the APS.

Rearranging deck chairs on the Titanic

Once the iceberg had been hit; no captain could change the fate of the doomed ship.

The APS have some serious administrative problems that are manifesting themselves in poor test performance, low graduation rates and poor retention of students, administrative incompetence and corruption, and sagging employee morale.

The next superintendent is unlikely to have any meaningful impact on those issues if they come on board with the idea that the problems stem from, or will be mitigated by a new captain at the helm.

The APS, in order to right itself, needs a stem to stern overhaul. More over, it needs to be overhauled according to the expressed concerns of the least powerful and heretofore ignored players.

The new superintendent will either support those who work at the educational interface by listening to and heeding their advice; or s/he will demand that those same educators fall into line as the APS tries another tack and no other substantive change.

The problem is that, a record of success in enabling "site based management" will not be among the qualifications sought in a new top administrator. It is diametrically oppose to the interests of those who would build and maintain pyramids of powers, at the top of which they all want to sit.

Tuesday, July 24, 2007

Meeting at the Inn of the Mountain Gods

It is hard to tell from the agenda that is posted on the APS website; but it seems like the board is having a meeting to discuss the process by which they will select the new superintendent.

Strategic Planning Session Meeting
Tuesday, July 24, 2007 9:00 AM
Inn of the Mountain Gods - Mescalero BR-B

I. Review purpose, desired state and desired outcome

II. First steps in search process
A. Drivers and Barriers
B. Priorities

III. Next steps in search process
A. Brainstorm
B. Action plan

IV. Action Planning for Handbook
A. Next Steps
B. Review of Policies to Include
C. Deadline for Input
D. Legal Review
E. Policy Committee Review and Consideration of Approval

V. Plus / Delta for Session


It is/was a secret meeting in at least two respects;
I can't seem to find out who went, who paid for the trip, and, if public funds were involved, how much was spent.

Further it is/was a secret meeting in that, stakeholders cannot really be expected to go to Ruidoso to attend the meeting, and were therefore effectively deprived of their right to participate even by their attendance.


Technically, in a loopholey, legal weasely way, the Open Meetings Act has not been violated because the agenda and location were published consistent with the "legal" requirements of the OMA.

From an ethical point of view they had a meeting from which stakeholders were deliberately and effectively excluded.

I would be surprised to find an incontrovertible record of the meeting.


Just for the record, their conduct violates the comparitively meaningless and completely unenforceable standard of conduct that they just adopted for themselves.
  • rule number one; make the education and well-being of students the basis for all decision making.
  • rule four; establish an open, two-way communication process with students, staff, families and all segments of the community.
  • rule six; accept responsibility and accountability for one's own actions and behaviors.
How does meeting in private and depriving stakeholders of their rights; yet one more time;
  • advance the education and well being of students?,
  • establish open communication with any one?, or,
  • constitute acceptance of responsibility and accountability for the positions each advocated during the day?



...shame, shame, shame.

the Character Counts Leadership Council knows

that the leadership of the APS is by their own deliberate choice; not accountable as role models of the Pillars of Character Counts;

and they have done anything about it.



I will submit this post to Paula Maes, the School Board President, and the President of the Character Counts Leadership Council.

I will support her opportunity to respond to this post in any ethical manner.

the APS Foundation knows

about the lack of accountability in the leadership of the APS; and they know about the consequent public corruption and incompetence;

and they have not done anything about it.



I will submit this post to Monica Armenta.

I will support her opportunity to respond to this post in any ethical manner.

the Journal and the Tribune are betraying the trust of their readers.

My position is so self evident as not to require explanation or defense.

Newspapers have an ethical obligation to tell their readers about the public corruption and criminal conspiracy in the leadership of the APS.

Yet they won't.

Go figure.

The Journal

The Tribune

Click on a link, tell someone you care.

a higher standard of conduct

Because of human nature; we cannot rely upon individuals to draw their own line between right and wrong; between good and evil.

We had to establish a standard of acceptable conduct;
we wrote the law.

The law represents the line between the most despicable and contemptible behavior that we will tolerate; and criminal consequences.

Many believe that the law is an inadequate standard of conduct.

Many believe that there needs to be a higher standard of acceptable conduct.

It is manifest in the standard that we represent to our children.

There is not a wit of difference between the lowest and highest standards of conduct, if they are unenforceable.

It's just that the one looks so much better than the other.


The leadership of the APS cannot be held honestly accountable to any meaningful standard of conduct.

They just adopted a standard of conduct that is comparatively meaningless, and absolutely unenforceable;

as the standard of conduct to which they will not be held accountable; except under a system over which they have absolute control; and never against their will.


...and everybody is just sitting there.


...doing nothing.

So what ever happened to Elsy Fierro?

It has been more that a month since a "partial" investigation of gradegate determined that APS Administrator Elsy Fierro was guilty of ethical and professional misconduct when she changed the grade of a RGHS student.

These actions appear to constitute a violation of Section 6.60.9.8.C, Standard II: Duty to the profession, of the New Mexico Public School Code of Ethics.

Dr. Fierro exerted undue influence when she directed the administrative team at Rio Grande High School to change a student's grade. This undue influence was based on the authority of her position and clearly resulted in determining professional decisions concerning a student's final grade.

In addition, incomplete and inaccurate information was provided to the superintendent and the associate superintendents in an apparent attempt to gain support for the grade change directive.

It is the conclusion of the investigative team that, based on the above, the matter should be referred to the Educator Ethics Bureau of the Public Education Department for appropriate licensure action.
The record will show, that when a complaint is filed with the NM PED/EEB, against a senior APS administrator, the complaint will languish forever, or be dismissed outright.

Paul Calderon and the New Mexico Educator Ethics Bureau, have been sitting on the complaint for more than a month. The investigation was complete before the complaint was handed to him; or at least as much of an investigation as he will do. He will never ask Beth Everitt any questions about her knowledge or overt involvement on the record.

So why is he stalling on the "licensure action"?

It seems clear that he is caught between a rock and a hard place; he cannot issue a determination of action against her license (because there will be none) nor can he reveal that he intends to take no action.

So he will do what powerful people do when they are stuck with an indefensible position; he will stonewall.


Hell will freeze over before he does anything at all.

Sunday, July 22, 2007

There is a disconnect between the board and the community

The board cannot find enough good things to say about their friend Beth Everitt.

The community on the other hand, feels quite differently.

In a recent poll by the Trib, almost half the respondents gave Beth Everitt an "F" as superintendent.

Another 20% gave her a "D".


Because Everitt is not accountable to the public
(no APS administrator or board member is);
she will not be held accountable for her failing performance.

In fact, after her upcoming "evaluation" by the board,
she will instead be given a bonus
by Paula Maes, Robert Lucero, et al.

It is one thing that public servants are sometimes corrupt;

...and that there are lawyers who will sell their souls for money; and who spend their lives using loopholes, technicalities and other legal weaselry to create exceptions for corrupt public servants from accountability to the law.

It is a whole other thing; that the public is paying for the lawyers that will except corrupt public servants from accountability for having betrayed the public trust.

...it is an irony.

What about the rights of the victims?

There are a few people who get in disputes with the leadership of the APS; and who are "made whole" by means of lawsuits. They get an amount of money that represents a "fair" settlement.

They are few and far between. Most, having been victimized by corrupt or incompetent APS administrators, are victimized again in litigation by APS/Modrall.

They litigate with the intention of winning at any cost. They have a virtually unlimited budget that is underwritten by tax payers. They have spent huge sums of money to enable the leadership of the APS to escape accountability for their ethical and criminal misconduct.


Board President Maes and Board Member Robert Lucero, are in a hurry to end the attention to the corruption in the leadership of the APS (police department), the disenfranchisement of stakeholders in the decision to reassign principals, and gradegate.

Robert Lucero says he wants to look forward; he doesn't want to hear about all of the things Beth Everitt and the rest of the leadership of the APS have done wrong, as he would rather look instead at how Beth Everitt extracts herself from all of her problems in the future.

Paula Maes and Beth Everitt are best friends. Maes would also like to look forward and forget the past.

And the victims of the latest administrative corruption and incompetence are relegated to the status of "disgruntled former employees"; who if they cause too much trouble, fall victim to the onerous weight of APS/Modrall and litigation unrestricted by accountability to any meaningful standard of conduct; even the law.

That is why they will not submit to an audit of their conduct and competence as public servants.

That is why they are hiding the truth about the public corruption and criminal conspiracy in the leadership of the APS (police department).

That is why they will not submit to honest accountability to a meaningful standard of conduct; by a transparent system over which they have no control, and even against their will.



That's not how they roll;

...they are corrupt.

Behaving ethically; we explain to students,often means

doing more than the law requires,
and less than the law allows.

With respect to the public records of the investigation into the public corruption in the leadership of the APS (police department);

the law allows the leadership of the APS to keep public records secret from the public.

The conduct is ethically indefensible.

They are spending tax dollars unethically,
to litigate escape from accountability for ethical and criminal misconduct.



APS/Modrall is doing far less than the law requires;

everything that the law allows;

and more.



So much for role modeling.

Saturday, July 21, 2007

Unmitigated editorial hypocrisy

It is a slow news day. The most important thing on the minds of Journal editors is the relatively inconsequential use of an email address by a candidate for the city council.

"Relatively inconsequential"; it didn't cost nearly as much as say, ripping off taxpayers in the building of a seat of justice.

As a matter of principle of course; the decision was indefensible.

As was Beth Everitt's decision to use the aps.edu email account to taint the jury pool in upcoming civil suit lodged by disgruntled former employee, Gil Lovato.


The point of the editorial (subscription required) was; "...stepping in the public spotlight means people will question what they do. So they should, too."

And then they raised the tough question about the (apparently careless and) relatively inconsequential use of a government email to campaign for city council.

Yet they still have not raised a question about Beth Everitt's use of a government email system to taint the jury pool for her upcoming civil lawsuit.

Apparently, one can avoid questions; if one is a member in good standing of the privileged class.


At least they can avoid being questioned by Journal editors, anyway.

Friday, July 20, 2007

According to rule number six in the board's newly adopted code of ethics

Paula Maes and her board are required to;
accept responsibility and accountability
for one's own actions and behaviors.


An honest and impartial audit of the administration
and the administrators in the leadership of the APS will reveal that Ms. Maes' actions and behaviors led to widespread corruption and incompetence in the leadership of the APS.

She is refusing to allow an audit of the administrators as part of the audit of the administration of the public trust and treasure in the APS.

She is covering up for her friend Beth Everitt. She is covering up for a lot of friends of Beth Everitt's, and their friends too.

She is a hypocrit. The adoption of a comparitively meaningless and utterly unenforceable code of ethics is her deliberate choice.

Abdication as the senior role model in the APS is her deliberate and considered choice.


Her choice is to ignore the rules; or resign.

She has chosen to ignore the rules.


The choice of the Journal and the Trib is to cover up the fact that she and her board have passed a meaningless standard of conduct for themselves and have been in violation of the standard ever since.

Accprding to the 4th rule in the board's newly adopted code of ethics

Paula Maes is "required" to; Establish an open, two-way communication process with students, staff, families and all segments of the community.

So far she has only disestablished the parent advisory councils.

That was in the past.

Currently she still refuses to replace them with anything else, as she promised;

and she still hasn't admitted that she did anything wrong by destroying them.


Communication as practiced by APS, Maes, and Modrall.

2nd Judicial District Attorney, Kari Brandenburg

was given the results of an internal audit of the APS PD.

They were given for the purpose of determining whether or not criminal behavior had occured that required the attention of law enforcement.

They were given to her in May.

She still has not responded.

How long can citizens expect to wait to find out what is going on in the leadership of the public schools?

Are they expected to wait until after Paula Maes and her board gives Beth Everitt her travel bonus?

Are they expected to wait until after Beth Everitt retires?



Ms. Brandenburg,

How long must we wait for you to do your job?

APS Board President Paula Maes/Modrall

will not allow the truth to be told about the corruption and incompetence in the leadership of the APS.

She and Modrall will not allow an audit of the conduct and competence of public servants in the public schools.

There is only one reason to hide the truth;
to escape accountability for corruption and incompetence.

If there is not corruption and incompetence;

then there is no reason not to conduct an honest and impartial administrative accountability audit of administrators and administration.

There is only one reason to hide the truth

The truth about the public corruption and criminal conspiracy in the leadership of the APS (PD) is contained in a report on an impartial investigation conducted by Robert Caswell Investigations.

The leadership of the APS and Modrall will not tell the truth; they refuse to release even an ethically redacted version of the report.

The leadership of the APS and Modrall will not tell the truth about whether or not they gave the report to the District Attorney Kari Brandenburg.

Kari Brandenburg will not tell the truth about whether or not the leadership of the APS surrendered evidence of felony criminal misconduct.

The Journal and the Trib will not tell the truth about their refusal to investigate and report upon public corruption and incompetence in the leadership of the APS.

Nobody is served by hiding the truth;
except the corrupt and the incompetent.


There is only one reason to hide the truth.

"Arming School Cops Has a Shot"

Always clever with their headlines; the Journal has an article on the Safety Commission's recommendation to arm the APS PD.

The Journal did not report that the review of the APS PD by the Council of Great City Schools, the "experts" hired by the leadership of the APS, reported that the leadership of the APS lacks the inclination or skill set to supervise a professional police force.

This whole process will continue as though that report never happened; it will continue as if there were not an elephant in the room.

It will continue as if the leadership of the APS was not now hiding evidence of public corruption and criminal conspiracy in the leadership of the APS (Police Department).


... as is the privilege, of the privileged class.

The Trib reports on the Board Meeting

It was reported that Board Chief Paula Maes said that an administrative audit is still in the works;

but it was not reported that the audit will not audit the conduct or competence of administrators.

The corrupt and incompetent in the leadership of the APS can sleep comfortably knowing Maes and Modrall have their backsides covered.

It was not reported at all; that the board adopted a comparitively meaningless and completely unenforceable code of ethics; in effect abdicating as role models for students.

When asked specifically to report on the code of ethics, the Trib reporter said there were too many other things to report on.

The bottom line; because neither the Journal nor the Trib will write about the adoption of the meaningless standard of conduct by the board; nobody knows that the board has renounced role modeling as a component of their jobs; except a half dozen APS types at the board meeting and the thirty or so people who read this blog (two dozen of which probably work at Modrall).

Never the less, both papers will continue to chide voters, when the time is right, for not being involved in school board elections.

Thursday, July 19, 2007

the problem with hiring a superintendent from within

is that every administrator in the APS has guilty knowledge of the lack of accountability in the leadership of the APS. The all have guilty knowledge of the consequent corruption and incompetence.

Any administrator who will not openly discuss the issue; is prepared to serve as a superintendent who will continue to hide the truth from stakeholders.


Is the education of students, and the ensurance of their well being served by hiring yet another superintendent who job is it is to hide the truth from stakeholders?

According to rule number one

Board members have pledged to; Make the education and well-being of students the basis for all decision making.

Proof of their integrity would be evidence that their abdication as role models of the Pillars of Character Counts; educates or serves the well-being of students;

and not of the corrupt and incompetent in the leadership of the APS.

According to rule number nine

Board members have pleged to; Delegate authority for the administration of the schools to the superintendent and establish a process for accountability of administrators

Proof of their integrity would come in the form of an accountability audit for administrators.

As late as last night; the position of the APS Board President Paula Maes and Modrall; was that the upcoming administrative audit will not include an audit of administrators.

According to rule number seven

Board members have pledged to; Avoid conflicts of interest or the appearance thereof and refrain from using the board position for personal or partisan gain

Proof of their integrity would come in the form of the release of public records of the relationship between the leadership of the APS and the district's Modrall law firm; which is owned by the husband of the board president.

They would deny, and prove by their record, that tax dollars have not been used to litigate exception to the law for the leadership of the APS.

According to rule number six

Board members have pledged to Accept responsibility and accountability for one's own actions and behaviors.

Proof of their integrity would be a public response to demands that they explain and defend their decision to abdicate as role models for the student standard of conduct.

According to rule number four

Board members have pledged to; Establish an open, two-way communication process with students, staff, families and all segments of the community.

Proof of their integrity would come in the form of some kind of communication around their decision to abdicate as senior role models for students.

Why would we want Marty Chavez to have a hand in picking the next superintendent?

According to an article in the trib Marty Chavez thinks he is due special consideration in the decision making process that determines the next APS superintendent.

Every stakeholder is entitled to participate meaningfully in a decision that affects them.

Not just Mayor Marty.

Shame on everyone

who believes in reform and accountability in the leadership of the APS;

and who then did nothing to support Marty Esquivel,
who just got his ass handed to him by Maes and Modrall

...et al.

At their moment of truth

not a single member of the Alubquerque Public Schools Board of Education had the courage and the character to vote against the approval of a comparitively meaningless and completely unenforceable code of ethics.

If that is not the truth; an explanation, a justification, a defense would be offered. None will be; because none exists.

No member of the board can defend renouncing the student standard of conduct as their own. Not one of them can defend their abdication as the most senior role models for 90,000 of our sons and daughters.

Their position is indefensible. The only defense of an indefensible position is to stonewall;


...and they will.

APS School Board Adopts Code of Ethics

The board of education, by unanimous vote; adopted a new code of ethics; the standard to which they will be held accountable.

In order to pass the code, board members violated the very code they were approving.

The very first rule in the code reads;

Make the education and well-being of students the basis for all decision making.

The rule means, any decision made by the board should contribute positively to the education and well-being of students.

The wording is not bullet proof. If you tried to hold the board collectively or individually accountable for violating the language of the code of ethics; you would find yourself in court toe to toe with the aps board president’s husband’s law firm; Modrall.

They would argue at taxpayer’s expense, that the language is unenforceable. It is of course; it was written by those same lawyers, for exactly that purpose. It is called Juris Mustelidae; legal weaselry.

In any event, the board has adopted a code of ethics that is comparatively meaningless, and completely unenforceable.

And how exactly, does that
educate and advance the well-being of students?

Wednesday, July 18, 2007

No legitimate purpose will be served by adopting the draft "code of ethics"

It is not even a step in the right direction.

The right direction is transparent accountability to meaningful standards of conduct and competence for public servants in the public schools.

The adoption of an inadequate "code of ethics", which by their own admission is completely unenforceable; is not a step in the right direction.

It is a feint;

a deceptive action calculated to divert attention from one's real purpose.


The truth is that the leadership of the APS has no intention of being held honestly accountable for their conduct and competence as public servants.

This afternoon, there will be a moment of truth for this board.

And in their individual moments of truth, each board member will cast a straight up vote for good or evil.

No legitimate purpose; no "good" purpose is served by voting to adopt a meaningless and unenforceable code of ethics.



Are you, or are you not, role models?


Is this really the example you will set for 90,000 children?

Easier to stop than to overturn

If enough people show up to protest the adoption of the "code of ethics"; there is a possibility that it can be prevented.

If if is allowed to become board policy; it will be nearly impossible to overturn.

Role call vote is in order

If the board truly intends to abdicate as the senior role models for the APS; I would hope they have the courage to do so by means of a role call vote.

Tuesday, July 17, 2007

Conspicuous in their absence

A number of people should be at the school board meeting tonight.

The board is prepared to abandon honest accountability to any meaningful standard of conduct. They are abdicating as the senior role models for 90,000 students and 12,000 employees in the APS. They are betraying the fundamental principles of Character Counts.

A number of people should be there to stop them.

  • Senator Pete Domenici, founding father of Character Counts.
  • Representative Heather Wilson, whom Beth Everitt misled about her own abdication of the responsibilities of the senior administrative role model.
  • Governor Bill Richardson, who promised voters that he would address the issues if only voters supported the last big mill levy.
  • Mayor Marty Chavez, who claims to be an advocate of Character Counts, and who is an outspoken critic of the lack of accountability in the leadership of the APS.
  • Terri Cole, President of the Albuquerque Chamber of Commerce, who is also a vocal critic of the leadership of the APS. She and the chamber have also abandoned Character Counts.
  • The Character Counts Leadership Council whose responsibility it is to stand up for honest accountability and the importance of role modeling. (Board President Paula Maes is the President of the Character Counts Leadership Council; despite her refusal to hold herself honestly accountable to it.)
  • Any administrator in the APS whose record is not one of corruption and/or incompetence.
  • The Journal and the Trib who have an obligation to inform the community on issues of importance to the community. They will have reporters at the meeting, but they will not write about the adoption of a meaningless and completely unenforceable code of ethics.

The only hope for the public exposure of the betrayal of public trust will be the broadcast media. They will have the opportunity to videotape board members voting to except themselves from honest accountability to any meaningful standard of conduct; thus abdicating their responsibilities as the senior role models in the District.

It is my hope that Paula Maes, using her influence
as the President of the NM Broadcasters Association,
cannot keep the community from viewing the

…film at 10:00

A friendly amendment

is offered to the motion to pass the draft code of ethics.

  • Whereas; The board will pass a "code of ethics", and
  • Whereas; The code of ethics will establish a standard of conduct for board members, and
  • Whereas; That standard of conduct is far lower than the standard of conduct that the board established and enforces upon students, and
  • Whereas; The disparate standards cannot be justified or explained to students, and
  • Whereas; The disparate standards are hypocritical, and
  • Whereas; The members of the school board have, by passing this code, abdicated their responsibilities as the senior role models for students;
Be it resolved that;
  • The hypocrisy will be eliminated by changing board policy, and the student standard of conduct.
  • The following language will be stricken from board policy and the Student Behavior Handbook.
Students are required to model and promote the Pillars of Character Counts.

The phrase will be replaced by the following;
Students are encouraged to hold themselves accountable to a higher standard of conduct.
Further,
  • Whereas; This whole situation is diametrically opposite to the philosophy of Character Counts, and
  • Whereas; That opposition is hypocritical and sets a poor example for students;

Be it resolved that;
  • The board will formally rescind its 1994 endorsement of Character Counts, and
  • The administration will be ordered to shut down its Character Counts Office, and, reassign or discharge its current Director, and further,
  • The leadership of the APS will no longer affirm or represent that it endorses or supports Character Counts.



Because stakeholders are not allowed to discuss this motion, it will have to be offered by a board member; and then supported by four of the seven members.

Paula Maes and the Modrall law firm will oppose the amendment. As will Robert Lucero.

It will require the support of four of the remaining five board members; Berna Facio, Delores Griego, Mary Lee Martin, Gordon Rowe, and Marty Esquivel.

Neither the Journal nor the Trib is willing to investigate or report upon the board's new "code of ethics"

You have to wonder why? Don't you?

Considering the political atmosphere, the overwhelming negative perception of the leadership of the APS, and the need for real reform in the APS; one would think that the fact that the leadership of the APS is about to adopt a standard of conduct for themselves that is far below the student standard of conduct, and is completely unenforceable, would warrant the attention of the local newspapers. But they haven't said a word.

Why?

Is there a privileged class in Albuquerque that runs city hall, the economy, the legal system, the schools, and the newspapers?

Do they cover each other's asses?

Standards without accountability

Quoted in significant part,the code of conduct for APS administrators used to read;

In no case shall the standard for an adult be lower than the standard for students.
Students, and therefore administrators, were accountable to a nationally recognized, accepted and respected code of ethics.

Quoted in significant part, their new code of conduct reads;
(Administrators in the) Albuquerque Public Schools shall serve as positive role models for students and set good examples in conduct. APS expects each (administrator) to maintain the highest standards of conduct and act in a mature and responsible manner at all times. Employees must not engage in activities … which, in any way, diminish the integrity, efficiency or discipline of the District.


Beth Everitt is has renounced honest accountability to the student standard of conduct. She has abdicated her responsibility as the senior administrative role model for students.

By any ethical interpretation of the meaning of the words in the employee code of conduct; Beth Everitt has violated that code.

By whom will she be held accountable?

A principled resolution of the complaint; an impartial and expert consideration of the whole truth, cannot be had within the APS.

A principled resolution of the complaint cannot be had at the New Mexico Educator Ethics Bureau.

It cannot be had at the New Mexico Public Education Department.

It cannot be had at the Office of the Bernalillo County District Attorney.

It cannot be had in a court room in the 2nd Judicial District Court; over the opposition of APS/Modral.

It cannot be had in the Journal or the Trib.



It cannot be had.


No member of the leadership of the APS is honestly accountable to any meaningful standard of conduct by a system that they do not control; or against their will.

What they say they mean; what they really mean.

Albuquerque Public Schools Board of Education Code of Ethics (in significant part)

Make the education and well-being of students the basis for all decision making
Except for spending at the Uptown Complex; and except for accountability as role models.

Establish an open, two-way communication process with students, staff, families and all segments of 'the community.
Except if it includes telling the truth about anything; not about spending on the Uptown Centre; not about gradegate or the principal shuffle; and not about the scandal in the leadership of the APS.

Become informed of issues brought before the board and participate in discussions and debates.
Except that constituents have no right to ask questions and expect good faith responses. Except that constituents have no right to petition their government on the record.

Accept responsibility and accountability for one's own actions and behaviors.
Except any responsibility and accountability which can be avoided by litigation and the Modrall law firm.

Avoid conflicts of interest or the appearance thereof and refrain from using the board position for personal …gain
Except if you husband is the President of the Modrall law firm which is making so much money off a large bore pipeline of unwitting taxpayer support for “education” that the amount must be kept secret.

Recognize …that all decisions of the board will be made at public meetings where a quorum of the board is present and only after a 'thorough review of all the available information.
Except to make a decision that the leadership of the APS will never be held honestly accountable to any meaningful standard of conduct, by a system over which they have no control; and even against their will.

Delegate authority for the administration of the schools to the superintendent and establish a process for accountability of administrators.
Except in toto.

Monday, July 16, 2007

#6. Accept responsibility and accountability for one's own actions and behaviors

That is rule number 6 in the proposed "code of ethics" for the school board.

But the whole code is by their own admission, completely unenforceable by any agency, body or board.

It is manifest hypocrisy. It is indefensible.

The district routinely hires experts who mediate or arbitrate disputes over the law. The law is merely one example of a number of different standards of conduct. Disputes under all of which can be mediated or arbitrated by impartial experts.

Ethical standards can be enforced by exactly the same mechanism.

The leadership of the APS has no intention of being held accountable to any meaningful standard of conduct, under a system over which they have no control;
and even against their will.

It isn't that such accountability is not possible.

Draft Albuquerque Public Schools Board of Education Code of Ethics

1 Make the education and well-being of students the basis for all decision making;
2 Understand that the legal authority of the board is derived from New Mexico Statutes and Administrative Code, which determine the degree of power delegated to the board for local decisions;
3 Speak on behalf of the board only when the board by official action provides authorization to do so; and respect the confidentiality of information that is privileged under applicable law;
4 Establish an open, two-way communication process with students, staff, families and all segments of the community;
5 Become informed of issues brought before the board and participate in discussions and debates, while respecting the rights of other board members to have opinions and ideas that differ;
6 Accept responsibility and accountability for one's own actions and behaviors;
7 Avoid conflicts of interest or the appearance thereof and refrain from using the board position for personal or partisan gain;
8 Recognize that board members have no legal authority outside board meetings, and that all decisions of the board will be made at public meetings where a quorum of the board is present and only after a thorough review of all the available information;
9 Delegate authority for the administration of the schools to the superintendent and establish a process for accountability of administrators;
10 Support persons best qualified to serve as school staff and make every effort to ascertain that all employees are properly remunerated for services, and that they are dealt with fairly in the performance of their duties;
11 Study educational issues and participate in professional development to enhance individual ability to serve as a board member; and
12 Attend all scheduled board meetings insofar as possible.

This is not a code of ethics.

This is why there will be no discussion of the code before it is voted upon.

"Find APS a Direction Before a New Leader"

That advice comes from a Sunday morning Journal editorial.

The school board has a considerable amount of homework to do before they select the next superintendent for the APS.

The new superintendent, who ever they are, needs to be pointed in a specific direction. You can't just hire someone and then see where they take you.

The board needs to give considerable thought to important questions before the search begins. They need to listen to teachers and the other folks who work at the educational interface, to find out what they think; to find out what they need to be successful.

It would be inefficient, ineffectual and arrogant to do otherwise.

Sunday, July 15, 2007

Role Models; Schmole Models

On Thursday morning next, there will three codes of conduct in the APS. One for board members, one for employees, and one for students.

The student standard of conduct is by far the highest standard the three.

The closest approximation of the student standard of conduct; the Pillars of Character Counts expressed as a "code of ethical conduct" exists in the form of a document called Making Ethical Decisions. "A comprehensive guide to ethics, values, decision-making models, rationalizations and more."

If the leadership of the APS were honestly accountable to the student standard of conduct; gradegate would not have happened; the decision to move principals without stakeholders' input would not have happened; and the scandal in the leadership of the APS PD would not have happened.

But all of those scandals did happen. They happened because the leadership of the APS has created and is defending a system that does not include their honest accountability to any standard of conduct at all; even the law.

The record of the representation of the leadership of the APS by the Modrall law firm is one of public funds being using to fund litigation whose purpose was to except the leadership of the APS from accountability to the law; even for felony criminal misconduct.

On Wednesday night, the full board will vote to accept a code of ethical conduct. The code itself cannot stand scrutiny. They will not present it for public discussion before they approve it.

In a public meeting; the board acknowledged that they cannot actually be held accountable to the code that they will pass.

Their plan is to lobby the legislature, to get them to write a law which will hold school board members accountable to the code of ethics; this despite that fact that legislators won't even vote themselves accountable to a code of ethics.

Plan two,
is to lobby the State Association of School Boards to see if they will provide accountability; despite their history of many decades of refusal to do that very thing.

Which brings us to Schmole Models.

The most senior role models in the APS refuse to hold themselves honestly accountable to the same standard of conduct that they established and enforce upon students.

They are modeling only hypocrisy.

Their decision is not driven by student interests. It is driven by their own moral cowardice.

If it were not, they would offer an alternate explanation for their refusal to model accountability to the student standard of conduct.

Not one member of the board will answer the following questions on the record. And the reason that they will not; is because they are cowards.

Why will you not hold yourself honestly accountable to the student standard of conduct? Why will you not hold yourself honestly accountable as a role model?

Their position is indefensible. They will stonewall.


I have wondered most of my life, what would I do in a fire fight? Would I have the courage to return aimed fire; or would I cower in my foxhole?

You can pretend your whole life that you have courage.

Until the moment of truth; you don't really know.
That is why is it a moment of truth.

There is coming, a moment of truth for members of the Albuquerque Public Schools Board of Education. At that moment, they will either accept the responsibility of senior role models for 90, 000 of our sons and daughters; or they will not.

Their personal moral courage will be manifest in their vote.

...and will serve as an example for the students and employees in the APS.

Friday, July 13, 2007

APS Board Policy Committee Passes Code of Ethics - NOT!

My heart and my spirit are broken.

For almost a decade and a half I have tried to get the leadership of the APS to hold itself honestly accountable to the student standard of conduct; honestly accountable as role models.

Last night, by a vote of 4 in favor, 0 opposed, and 1 not voting, the policy committee voted to adopt a code of ethics that is not a code of ethics at all. It falls miserably short of the standard of conduct to which the board and administration hold students accountable.

And by their own admission there is no mechanism to actually hold them accountable, even to this pathetically indefensible "code of ethics".

Without explanation, defense, or public input; they have again, formally excepted themselves from accountability to the student standard of conduct. They have formally, and discretely excepted themselves from accountability as role models.

I will of course, elaborate in subsequent posts before the final vote next Wednesday;

but for now, all I really want to do is puke.


(I have asked the District to publish their "code of ethics" on their website.

If they do, I hope that you will examine it.
If they won't, I hope you examine the reason for their refusal.)

Update; I have been informed that the "code of ethics" will not be released until after is has been approved by the board (and after it is too late to do anything about it).

Robert Lucero schools Mr. Esquivel on the "rules" of Public Forum

It was during the public forum. A parent, concerned enough about the well being of her child to travel to a board meeting to express her concern, was addressing the board.

Mr. Esquivel had asked her some questions in order to understand her position more thoroughly. Robert Lucero interrupted the discussion to ask the chair to end it; reminding Mr. Esquivel that the public forum was not for dialogue, but only for listening.

There is no such rule.

The decision whether or not to engage in a dialogue with speakers at the public forum is entirely up to individual board members. It is only by custom that questions are not answered, and only because they do not want to be asked specific questions on the record; like "Why will you not hold yourselves honestly accountable to a meaningful standard of conduct?"

To underscore Robert Lucero's utter hypocrisy, later in the meeting he pontificated at great length about the need to hold a formal board meeting at the new high school; in order the board and administration could answer questions.

The truth is that Lucero's real need is to have a big formal meeting at the new high school with lots of attention and press coverage so he can claim credit for, and bask in the glory of, its construction.

In his dreams, the building is called the
Robert Lucero High School.


Later in the meeting, Robert Lucero voted in favor of adopting the meaningless and unenforceable "code of ethics" as the standard to which he is willing to be held accountable; as a public servant and as a senior role model for almost 90,000 of our sons and daughters.

Thursday, July 12, 2007

Contempt for the law; on our dime.

According to the Journal, subscription required.
"The Albuquerque Journal had issued a request (for public records) June 21 for any e-mail correspondence between Acosta and several APS administrators during the month of May.

According to the law, readily accessible records should be turned over immediately. APS/Modrall released them yesterday; 20 days later.

The part of this that stinks is the people who are playing games with the law; the leadership of the APS, and their lawyers at Modrall, are doing so on our dime.

We are paying them exorbitant amounts of money to do it; in particular to the lawyers of Modrall (School Board President Paula Maes' law firm) who provide exception to the law, for the leadership of the APS.

It is the lawyers of Modrall who must be defeated by anyone who wants to inspect and/or copy public records.

It is they, feeding at a trough of virtually unlimited taxpayer support of "education", whom you will have to defeat

  • if you want to see an honest accounting of the cost of renovating the Uptown Administrative Complex;
  • if you want to see the truth about the disenfranchisement of stakeholders in the principal shuffle;
  • if you want to see the truth about the relationship between APS and Modrall;
  • if you want to see the truth about gradegate;
  • and, if you want to see the results of the investigation of public corruption and criminal conspiracy (in the leadership of the APS PD, and by logical extension,) in the leadership of the APS.


Bring your lawyers, your money,
and lots and lots of your time.

Miquel Acosta's character is illuminated

The Journal reports (subscription required) that Miguel Acosta, heretofore silent on his son's grade change; was not so silent while the scandal was boiling; and in the effort to cover it up.

"Meanwhile, Acosta in two of his e-mails to Everitt asked for direction on what to tell the media.
"Let me know what I can do," he wrote in a May 16 e-mail. "I have an interview, or two, pending and I would like to say things that are helpful strategically.""
The "stratagy" being, to deliberately deceive stakeholders.
"The Albuquerque Journal had issued a request June 21 for any e-mail correspondence between Acosta and several APS administrators during the month of May.

Acosta, reached at his new residence in Santa Fe, said while he had offered help, he ended up not doing the interviews, which were for two local television stations.
"Those are the same kinds of e-mails I always send, whenever they help with any situation," Acosta said. "These are typical e-mails from me.""
My guess it that they are. Acosta was one of the board members who voted to except themselves from accountability to the student standard of conduct.

He voted to remove a statement in the employee standards of conduct which read;

In no case shall the standard for adults be lower than the standard for students.

Time and an opportunity to walk the talk

There is a policy committee meeting this afternoon at 5pm, in the Martin Delayo room, at the Uptown Centre. The board is scheduled to discuss a code of ethics.

By about 5;20, the district will either be on a path toward honest accountability to meaningful standards of conduct and competence as public servants;

or

they will continue the always unethical and often illegal evasion of honest accountability to any standard of conduct at all; even the law.


The decision is not so much their's as it is yours.

If you decide not to go to the meeting and point them in the right direction; they will continue down the same path.

The board members who stand up for honor and courage and character today, will be standing alone; except for the people who show up to stand beside them.

The meeting is being held at an inconvenient time and place for a reason.

Teresa Cordova caught in another lie?

On KKOB radio yesterday, Teresa Cordova said that Miguel Acosta was not a player in their son's changed grade.

The Journal has a different story. (Subscription, unfortunately, required)

So who ya gonna believe?

(
Host, Bob Clark confirmed that KKOB is now working to get the interview up on their website.)

Wednesday, July 11, 2007

Did Beth Everitt cut a deal?

At the last meeting of the Board of Education, there was talk of the board using its subpoena power to get Beth Everitt to tell them the whole truth about gradegate. There was talk of an independent investigation of gradegate.

Suddenly, no one is talking anymore about a subpoena, or about an independent investigation.

Did Beth Everitt agree to break in her replacement and then leave gracefully in exchange for an agreement not to investigate her personal conduct and competence?

So far she has been immune from investigation by any state agency. The NM PED, Educator Ethics Bureau closed two investigations of complaints of unethical misconduct by Everitt; without investigation.

The NM PED investigation of gradegate failed to include an interview with Everitt; despite the fact that she was a player. She was not asked a single question on the record or under oath, about gradegate.

It has been suggested that her juice with the NMPED comes from a relationship between her husband and Governor Richardson. The Secretary of the PED is a political appointee; accountable directly to Bill Richardson. The Director of the Educator Ethics Bureau is accountable to the Secretary of the PED.

It is difficult to imagine, and no one has suggested, any other reason for her immunity from investigations of her own competence and conduct.

She intends to exclude herself, and rest of the leadership of the APS, from investigation during the upcoming administrative audit by the Council of Great City Schools. At her insistence, and with the unqualified support of School Board President, Paula Maes; the upcoming administrative audit will not examine the competence and conduct of administrators. (? ??)


The district's statewide reputation for its lack of accountability is earned.

A wealth of videotaped interviews with Teresa Cordova on gradegate

provided by KRQE.

Why kids need role models.

Teresa Cordova and her son Jose Acosta, were on KKOB talk radio this morning.

Jose expressed his concern, repeatedly, that he was the victim because he had done all of the makeup work that his teacher had assigned; but then she wouldn't accept it. (heartless and cruel and unfair)

He was telling the truth; but only half of it.
The work was turned in, but considerably after the deadline.

An ancient proverb teaches; a half truth is a whole lie.

He told half the truth in order to deliberately deceive listeners;to get them on his side and turn them against his unreasonable teacher.

His mom was sitting right there. She could have said; "Jose, tell the whole truth. Accept responsibility for your choices."

She didn't, of course.

...and that's why he doesn't.

Why audit the "structure" of the APS

In a shameless effort to boost readership on both blogs, this essay is posted on Eye on APS.

Journal & Tribune Poll their readers

The Journal poll and the poll in the Trib revealed that the community is not happy with the performance of APS Superintendent Elizabeth Everitt. In the Journal poll, 65% of the respondents would give the embattled Supt. a D or an F. The Trib poll reveals that the community would oppose the extension of her contract by an 11 to 1 margin.

Yet the powers that be, School Board President Paula Maes, said the board was prepared to extend her contract for at least another year.

Say what you will about the "unscientific-ness" of both polls; but admit that there is a huge disconnect between the privileged class that appoint each other to one leadership position after another; and the great unwashed who see their children attend schools year after year, and graduate with little to show for the effort.

In this morning's Journal, Jim Belshaw lays the blame on the great unwashed who brought this upon themselves by failing to vote in school board elections.

I am particularly irked when I read in the Journal or Trib about the failure of voters to do their part. The record will show that both papers shamefully and shamelessly, under reported the school board elections. here and here Belshaw knows/knew about it because I told him about it personally.

The bottom line is that the priviledged class in Albuquerque will continue to offer each other their unqualified support regardless of the feelings or interests of the great unwashed.

It is class warfare pure and simple.

There is no path through the system that will restore control over the system to the public. We must go around the system. We have to show up at school board meetings even though they are deliberately held at times and in places that are inconvenient for stakeholders and intended to minimize their participation.

When the attention to, and attendance at, school board meetings reaches a high enough number; control over the public interests in the public schools will be restored to the public; and not until then.

Tuesday, July 10, 2007

Teresa Cordova; breakin the law, breakin the law

When gradegate was still breaking, Teresa Cordova was asked by reporters to explain her conduct as a public servant in the changing of her son's failing English grade; as seen on KRQE. See Cordova Q&A.

She explained that she could not respond to reporters questions without breakin the law.

Now she has shown up in a TV interview, with her son in tow, to excuse her conduct and to plug her many accomplishments as a county commissioner.


Apparently the law has changed.

Monday, July 09, 2007

Supt. Everitt to audit her administration

At her news conference this morning, and as reported in the Journal (subscription required) Supt. Everitt revealed her intention to have an outside audit of the administration of the APS.

The corrupt and the incompetent in the leadership of the APS, breathed a collective sigh of relief when she then went on to explain that the audit would be of only the "structure" of the administration of the APS.

There will be no audit of the conduct of the senior role models for 95,000 students.

There will be no audit of the conduct and competence of the stewards of almost a billion tax dollars every year.

The will be no audit of the conduct and competence of public servants and their public service in the Albuquerque Public Schools.

Not one single administrator in the APS will have their conduct or competence audited; no administrator or board member will be held accountable for their incompetence or for their misconduct.

Or, business as usual, in the leadership of the APS.

"Controversies" is not the right word

Beth Everitt has announced that she will not seek a renewal of her contract. Her decision was announced at a news conference this morning.

Believe me when I tell you that I thought quite a while before writing this post. It is not my style to kick someone when they are down.

However, Supt. Everitt's repeated use of the word "controversies" to describe gradegate, the handling of the reassignment of principals, and the scandal in the APS Police Department; is misleading and deceitful. I cannot let it just slide.

To make absolutely certain that I was not splitting hairs; I searched internet dictionaries until it was clear that I was not going to come upon even an obscure definition that would justify the use of the word controversy in this context.

Controversy means; a dispute between sides holding opposing views, a dispute where there is strong disagreement,contention, dispute; debate, discussion, agitation of contrary opinions.
The scandals that have rocked Beth Everitt's administration of the APS are not controversies.
Scandal means; a publicized incident that brings about disgrace or offends the moral sensibilities, a circumstance that causes or ought to cause disgrace or outrage, a public disclosure of immoral or grossly improper behavior; disgrace.
Was the apparent public corruption and criminal misconduct in the leadership of the APS PD a difference of opinion; were there opposing views that prompted discussion and debate? Or were there circumstances that caused or ought to have caused outrage and disgrace?

Why does it make any difference?

It makes a difference because the word controversy is being used to minimize the corruption and incompetence at the heart of all three scandals. It makes a difference because it is being used to escape accountability for the scandals by legitimizing their existence.

At the news conference Supt. Everitt posited that in a district where a superintendent was making tough choices, there is bound to be controversy. And,that there has "always" been controversy in the APS . These positions are true. And because they are true, the current "controversies" are natural, acceptable and enjoy historical precedent. Controversial behavior is acceptable.

Except that the current "controversies" are not controversies at all; they are scandals. And scandalous behavior is not acceptable.

Further, during the news conference, stakeholders were led to believe that the only kind of administrative audit that might be commissioned would audit the structure of the APS, but not the conduct of members of the administration of the APS. Paula Maes pointed out the Council of Great City Schools won't audit personnel; which is true. But the CoGCS is not the only organization that does audits. If Maes and Everitt were prepared for a forensic audit of the administration of the APS; they could find someone to do it.

Maes tried to suggest that HB 212 prevented an audit of personnel. She stated that HB 212 says that the board cannot judge anybody else's job except for the superintendent. While this may be true, it certainly doesn't prevent the superintendent from commissioning an audit of the competence and conduct of her subordinates.

And last, but not least, Maes tried to give credit to Supt. Everitt, for "cleaning up" the APS PD.

She is to be given credit for cleaning up her own mess;

but she will not held accountable for creating it.

APS culture

Culture;
The predominating attitudes and behavior that characterize the functioning of a group or organization. The totality of socially transmitted behavior patterns.

The word culture is a powerful word. The Council of Great City Schools has used the word at least twice in connection with their reviews of the leadership of the APS.

The first was in their review of the leadership of the APS commissioned after the M&O kickback scandal. They wrote that the

"...fear of retribution and retaliation is part of the culture..." of the administration of the Albuquerque Public Schools.


More recently they wrote
"...there is a prevailing culture of under-reporting ...(crime in schools statistics)...in order to improve the image of the district and the individual schools."


Cultural change requires a paradigm shift. It will not follow the replacing of a superintendent. It would not follow replacing a school board. It is not created by hiring spin doctors to spout platitudes about learning from mistakes and building on successes.

The school board will discuss a paradigm shift Thursday evening. They will discuss accountability to a higher standard of conduct, for the leadership of the APS. They will discuss honest accountability to a code of ethical conduct.

Since the early 1990's, students in the APS have been accountable to a higher standard of conduct; the Pillars of Character Counts.

The pillars are a code of ethical conduct. There are other codes, but all codes of ethics are fundamentally the same. It probably doesn't make a great deal of difference which code of ethics is mentioned by name.

Currently, the leadership of the APS is not accountable to a higher standard of conduct.

That lack of accountability is the paradigm that allows the existence of a culture of retribution and retaliation against those who expose incompetency and misconduct. It is the paradigm that allows the existence of a culture of deliberately misleading and deceiving stakeholders.

Inescapeable accountability to an unequivocal standard of conduct and competence, will change the culture in the leadership of the APS. A change in the culture of the leadership will compel a change of culture in the followership; right down to students.

If we really expect our children to embrace personal accountability to a higher standard of conduct; we must model before them, honest accountability to a meaningful standard of conduct.

The board will decide on Thursday night; whether or not the culture in the leadership of the APS will change; or remain the same.

Woe is us (actually woe are we, apparently), and woe are 95,000 of our sons and daughters, and 12,000 APS employees, if the board decides not to hold themselves honestly accountable to a code of ethical conduct.

The attention that is paid to their decision,
will likely affect their decision.