A collection of aphorisms on neutrality

with no other endorsement other than that I found them thought provoking.

“Dante once said that the hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality”

“Neutrality is at times a graver sin than belligerence.” Louis D. Brandeis

“If you are neutral in situations of injustice, you have chosen the side of the oppressor. Bishop Desmond Tutu.

“I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” Elie Wiesel

“People who demand neutrality in any situation are usually not neutral but in favor of the status quo” Max Eastman

“Neutrality, as a lasting principle, is an evidence of weakness” Lajos Kossuth

“There are times when silence has the loudest voice” Leroy Brownlow

An attempt to preserve life in a state of neutrality and indifference is unreasonable and vain. Samuel Johnson

There is no neutral ground in the universe; every square inch, every split second, is claimed by God and counter-claimed by Satan. C.S. Lewis.

Neutrality is to side with the strongest. Aksel Sandemose

Neutral men are the devil's allies. Edwin Hubbell Chapin

It is well to be independent also well not to be neutral. Louis Kossuth

A friend to everybody and to nobody is the same thing. Spanish proverb

John Fitzgerald Kennedy

“Leadership and learning are indispensable to each other.”

“There are risks and costs to a program of action, but they are far less than the long-range risks and costs of comfortable inaction”

“We have the power to make this the best generation of mankind in the history of the world - or to make it the last.”

“The only unchangeable certainty is that nothing is certain or unchangeable”

“A child miseducated is a child lost.”

“All this will not be finished in the first hundred days. Nor will it be finished in the first thousand days, nor in the life of this administration, nor even perhaps in our lifetime on this planet. But let us begin.”

“A man does what he must-in spite of personal consequences, in spite of obstacles and dangers and pressures-and that is the basis of all human morality.”

“The problems of the world cannot possibly be solved by skeptics or cynics whose horizons are limited by the obvious realities. We need men who can dream of things that never were.”

“Our progress as a nation can be no swifter than our progress in education. The human mind is our fundamental resource.”

“Things do not happen. Things are made to happen.”

“Do not pray for easy lives. Pray to be stronger men.”

“Those who make peaceful revolutions impossible will make violent revolutions inevitable”

Honest accountability in public service, anywhere

…is honest accountability in public service, everywhere.

Eventually.

It only seems impossible because no one has done it yet.

The APS Office of Equal Opportunity Services

This is the office where the leadership of the APS handles the complaints that people file against senior administrators and board members.

EOES Director Charles Becknell and I were having a spirited discussion. He wanted to know why I was filing a complaint against Elizabeth Everitt, if I didn’t believe that he was going to do anything about it.

I said, “To document the fact that you won’t.”

Those documents are public records. They will show what is done with a complaint made against a senior APS administrator and adjudicated by a subordinate APS administrator.

If you make a request for public records, the leaders of the APS, and the lawyers of Modrall will tell you that you will not be given the opportunity to inspect or copy those public records because they are confidential; because they are “personnel matters”.

The New Mexico Inspection of Public Records Act provides no exception to the requirements of the Act either for the leaders of the APS, or for the lawyers of Modrall. Loopholes in the legal system do. Unethical litigation does.

Would it surprise you to learn that you cannot get a judge to hold a lawyer accountable to any meaningful standard of conduct; even in a state district courtroom and in full view of the court?

If you want to know the truth about whether or not there was a betrayal of the public trust by a public servant, you can have copies of the OEOS findings in the complaint filed against senior APS administrator and praetorian guard commander, Gil Lovato.

They will cost you 50 cents a page and what ever else it costs you to pry them out of the fingers of a Modrall lawyer. He will resist you until ordered otherwise by “…a judge after exhausting all possible appeals…”

He can afford to do that because the Modrall Law Firm feeds at a bottomless trough of unwitting taxpayer support for the “education” of their children.

The actual number of tax dollars flowing into Modrall, is on public records that will be pried from the fingers of a Modrall lawyer and only after ...

An audit by I think, the district’s insurer, found that the district spent an excessive amount of money on litigation. Another public record that …

Besides making a lot of money doing what they love, the lawyers of Modrall have another interest in litigating for the leadership of the APS. The President of Modrall is married to the President of the School Board, Paula Maes.

It is unclear how much money goes into the household income of Paula Maes, for the unethical litigation that allows senior APS administrators and board members, including Paula Maes, to dodge accountability to allegations of ethical and criminal misconduct.

That probably isn’t on any record, any where.


KKOB KOB KOAT KRQE Journal Tribune

The truth about the conduct and competence of public servant, APS's Gil Lovato

...will not be released to voters until after the school board elections.

Depending on who gets elected, maybe not even then.

Your complaints are reasonably lodged with:

KKOB KOB KOAT KRQE Journal Tribune

The accouterments of power and membership in the privileged class

Paula Maes, APS School Board President, is also the President of the New Mexico Broadcasters Association.

Coincidentally KOB TV, KOAT TV, KRQE TV, and radio KKOB have yet to report on the ethics and accountability scandal in which Maes is embroiled.

Maes is also the President of the Character Counts Leadership Council.

Coincidently, the Council has offered no objection to the fact that Maes, and the rest of the APS leadership, have renounced Character Counts, the student standard, as their own standard of conduct.

Leadership by example, as practiced by the privileged class.

The decision not to hold an adequate number of fire drills in a school

…is a violation of board policy, fire code, and state law; and arguably puts student safety in real jeopardy. The falsification of public records to cover up the failure is criminal misconduct. The refusal of a senior administrator to surrender immediately available public records, evidence, is to be expected. The arrival of the Praetorian Guard to escort me off the campus without the records, and without protecting the evidence first, or at all, illustrates the APS leadership’s need for and use of, their praetorian guard.

The felony perjury necessary to cover up what happened that day is a matter of public record.


KKOB KOB KOAT KRQE Journal Tribune

Tonight, at 5:00 pm, the APS Policy Committee will come to order.

At about 5:03, I will be escorted out of the meeting by members of a publicly funded, private police force enforcing the personal political agenda of the board.

The purpose of the meeting is to discuss and vote upon a new policy for the Public Forum. They will rewrite board policy to legitimize previous ethical and possibly criminal misconduct.

They will neither solicit, nor accept, nor consider public input in their decision.

Despite the fact that the public forum is the public forum.

Despite the fact that the terms of public service are the prerogative of the public, and not of the public servant.

I will attempt to object on the record, and they will throw me out of the meeting.

For the same reason dogs lick themselves;
it’s just so darned easy.


KKOB KOB KOAT KRQE Journal Tribune

How much money

does the leadership of the APS pay to the Modrall Law Firm in order to have the venerable Art Melendrez attend board meetings?

And how much of that money goes into the household income of APS School Board President Paula Maes?

Is there an heir apparent in board district four?

My blood ran a little cold when Marty Esquivel and Paula Maes exchanged a long hug.

And again, when as he was leaving he told the board; I look forward to serving on the board with you. The rest of us had been prefacing our remarks with, "if I’m elected".

And yet again tonight, when he chose not to stop Paula Maes from denying stakeholders meaningful participation in the decisions that affect them. During a regular meeting of the APS Board of Education.

The empty seat in District Four will be filled by a representative of the privileged class; or by a representative of all stakeholders.

The one who is the representative of all stakeholders is the one who will on the record, support the following agenda:

• Build a reputation of character and competence in the leadership of the Albuquerque Public Schools that is worthy of the community’s trust
• Absolute transparency and illumination of the public interests in the Albuquerque Public Schools
• Site based management and decision making
• The commitment of power and resources to the benefit of students, and to the benefit of those who immediately support students; and to no other purpose inconsistent with that commitment
• To restore the authority of adults over students at school
• To restore to the employee code of conduct, the expectation that the standard for adults will never be lower than the standard for students, and to resolve, to lead by our example
• For every public servant in the Albuquerque Public Schools; honest accountability to a meaningful standard of conduct

That candidate who represents all stakeholders will be the one who says, I will hold myself honestly accountable to a meaningful standard of conduct.

And warrantee it with a signed resignation.

One of the perks for the privileged class

Be fair,do you think this is impartial coverage of the candidates for the Albuquerque Public Schools Board of Education?

MARTY ESQUIVEL

The worst part of standing alone

it occurs to me, is the wondering why?

Don’t make me get physical

…said the Praetorian Guard member.

I was “resisting” the fact that I was being thrown out of the third board meeting in a row for exercising my right speak on the record.

A publicly financed, private police force is being used silence political opposition.

I will stand on the evidence and hold myself accountable to the truth.

to raise a question of privilege

According to my authority, the second hit on the list that popped up to the search;

Privileged motions are motions that are so important that they must be dealt with immediately.

A question of privilege deals with the comfort, convenience, rights or privileges of the assembly or of a member. Usually, the question of privilege is a request; such as, "Mr. Chairman, I rise to a question of privilege of the assembly." Then the Chair: "State your question of privilege." Member: "may we have the blinds pulled to eliminate the glare of the sun?"

Or, “may we have the opportunity to participate meaningfully in decisions that affect us?” Decisions about the exercise of power and resources that are fundamentally ours?

If a member wishes to amend a non-debatable motion and the chair will not recognize him or her, the member can use a parliamentary inquiry to get the floor.

While it is an interruption, it is not a disruption. It does not warrant the removal of a member from the meeting. It especially does not warrant the intervention of a private police force; a praetorian guard.

…a chair's ruling on a question of privilege can be appealed…

Board policy quoted in significant part, emphasis added;

B.10 PUBLIC PARTICIPATION AT BOARD MEETINGS

The Board shall provide an opportunity for citizens to be heard regarding their concerns, complaints, or commendations during public forum at each regular meeting of the Board of Education.

B.14 PARLIAMENTARY AUTHORITY

Roberts' Rules of Order, newly revised, will govern the Board of Education, except when state regulations prevail.

Also part of the policy is the part where the privileged class excepts itself from the rules, “Actual procedures will be left to the discretion of the Board president.”

Not on my watch.

There is no ethical justification

…for removing the Public Forum from the Public Record. It serves no public interest. Were there any justification at all; you would have been told something more than “everybody else is doing it”.

We would not accept that excuse from a child; there is no reason to accept it from the senior role models for 98,ooo of our sons and daughters, or from the stewards of the public trust and treasure (a half a billion dollars a year), or from our public servants.

They’re getting away with it because you won’t do anything to stop them. You have to show up to stand up for what you believe in. There is no equivalent gesture. Nothing will do except for you to show up at a board meeting and

just say no.

The school board candidate workshop

I left the workshop disturbed by page 13 in our handout. It had to do with the dos and don’ts of handling “pressure groups” at board meetings.

Under the do’s were; do tell stakeholders that they can not ask questions, and do remind stakeholders that there is a rule that prevents them from asking even legitimate questions.

Under the don’ts were; don’t answer questions, and don’t take questions from stakeholders, even legitimate questions about the manner in which you are exercising the power which they have entrusted to you; power which is fundamentally theirs.

By way of justification; “There just isn’t time at board meetings, to answer questions that require detailed explanations.”

OK, what about a simple question that requires only a yes or a no, like; are you willing to hold yourself honestly accountable to any standard of conduct at all?

The public forum is the only place where that question can be asked on the record.

If the public forum is moved off the record, then the question and the response are moot.

At what point did it become OK for public servants to dictate the terms of their public service?

And for how much longer will that arrangement be tolerated?

There is no ethical justification for removing the public forum from the public record.

They have deliberately and dishonestly edited the public records of public forums in order to hide the truth. They have deliberately deceived stakeholders.

The evidence is incontrovertible. It is a matter of public record.

The right to ask a legitimate question and to expect a good faith response, on the public record, is worth defending.

A just resolution will not be the result of justice; it will come after the fight.

Sacrifice is the currency of commitment.

Polls are open

You can if you want to, cast your vote for a candidate for the APS school board. You can also cast a vote for or against taxes to maintain the schools.

What you can’t do is, cast a fully informed vote on either issue.

Thanks to: KKOB KOB KOAT KRQE Journal Tribune

“Right to carry” permit for school board candidates?

I thought long and hard before posting this. There will be those who will say I made it up. I didn't.

I have been advised three times now, by different people, that because of what I am writing; I should pursue my right to carry a concealed weapon.

Well into the third millennium, deep in the heart of one of the most respected democracies on the planet, a candidate for the school board needs to pack heat?

This is beyond creepy.

The implicit freedom to exercise constitutional rights at a public forum is worth defending.

The right of citizens to hold their public servants accountable, on the record, is threatened.

And with it the very control of the public over power that is fundamentally theirs.

No ethical explanation has been offered; nor will one be. There is none. It is being done by public servants in order to dodge accountability for misconduct and incompetence in their public service.

The privileged class

The greatest thing about being a member of the privileged class is that you can not be made to justify, defend, or even acknowledge your membership.

APS Leaders and the Tribune spread the “truth”

According to the Tribune; the embattled APS Police Chief is also the subject of a previously unreported lawsuit alleging retaliation.

It is not surprising.

Gil Lovato is the chief of a private police force that is neither certified nor accredited by anyone other than the leadership of the APS. The police force is in every sense a praetorian guard.

During the decades that Gil Lovato ran the guard, the administration of the APS acquired what the Council of Great City Schools described as a “...culture of retribution and retaliation…”

In the article, APS, Modrall, and the Tribune pointed out that Lovato has not previously been the subject of a “lawsuit”. They pointed it out twice.

An effort has been made to create an impression; the false impression that Lovato has no similar previous complaints. It will be useful in his “legal” defense. The leadership of the APS, Modrall, and the Tribune are painting a sympathetic picture of Gil Lovato.

As the leaders of the APS, the lawyers of Modrall, and the editors of the Tribune well know; Gil Lovato is the subject of previous similar allegations of criminal misconduct and retaliation, allegations not yet resolved.

That part of the truth didn’t make it into the article, the portrait of Lovato, or I would bet, into the “full” disclosure made to the plaintiff’s lawyer.

UPDATE This morning the Journal joined the APS/Lovato defense team by repeating the "no lawsuit" deceit.

They need to keep the lid on until after the board elections. If they do, they win.

Bloggers,

I would sure feel a whole lot better if I wasn’t the only one writing about this.

It is easy to check. Ask APS’ Rigo Chavez if Gil Lovato is the subject of unresolved allegations of criminal misconduct and retaliation; yes or no.

If the answer is yes, then you have something to write about.

There is no acceptable explanation

Without public input or permission, the leadership of the APS lowered the standard of conduct to which it is accountable. They now hold students accountable to a higher standard of conduct than their own. They have repeatedly refused to hold themselves honestly accountable to any standard of conduct at all.

Public servants have changed the terms of public service, against the public interest.

In whose interests is the truth still being suppressed?

The Pillar of Respect

…one of the six Pillars of Character Counts.

In the APS, students are required to model and promote the Pillar of Respect. They are required to respect the right of stakeholders to participate in decisions that affect them. They are required to demonstrate that respect by illuminating the truth, by being candid, forthright, and honest.

The leadership of the APS is not accountable to that same standard of conduct.

By their own deliberate choice.

“…the vindictive tone” of my posts

A reader has pointed out that my posts have a vindictive tone; so I have given the issue some thought.

I concede the point.

But it would be wrong if readers concluded that I am running for the board only to be vindicated.

I have two agendas, my personal agenda and my agenda for public service.

My agenda for service on the school board is;

1. absolute transparency in the exercise of power and the spending of resources
2. meaningful site based management
3. restoring of the authority of adults over students in schools
4. the commitment of power and resources to problem solving and to no other purpose.
5. to establish for the APS, a reputation of character and competence worthy of taxpayer and community support
6. to defend the board against a Mayoral takeover
7. to enable and support innovative teaching, and
8. to establish for public servants, while in their public service in the APS; honest accountability to a meaningful standard of conduct

If I can succeed in passing that agenda, I believe that public interests will be well served.

If I can succeed in passing that agenda, my personal interests will be served as well.

I don’t see the problem.

Robert Lucero owes his constituents an explanation

I’m sure they would like to know why he spent hundreds of thousands of their tax dollars renovating a board room for him self, while Susie Rayos Marmon ES is falling apart.

Unfortunately he is not in the habit of responding constituent’s questions by telling the truth. On Thursday night he will vote to permanently remove the public forum from the public record.

In order to hide his refusal to hold himself honestly accountable to a meaningful standard of conduct, for the thirteenth time.

The buck stops where?

According to the Tribune, the leadership of the APS is spending over $600,000 on an unnecessary and unnecessarily luxurious board room. It turns out that the number is low; really low. So low that you will never find out how low it really is.

If you don’t believe it, ask APS' Rigo Chavez or Joeseph Escobedo for a candid, forthright, and truthful response. Ask them how much money was really spent in that room. Note that when the too low number was published, the leadership of the APS did not offer to correct the mistake. They were comfortable with the community believing in a lower number. It is dishonest.

While you’re asking for the truth, ask who is responsible for spending money on an unnecessary board room; while Susie Rayos Marmon Elementary School is “falling apart”. The school is an all portable classroom campus. Assuming $30,000 per portable classroom, instead of an indefensible investment in a new boardroom, there would be 20 new classrooms. Who is responsible for that decision? Ask, you will be stonewalled.

So how do voters hold an unidentified administrator or board member accountable for spending a still secret amount of money against the public interest?

Elect someone who will hold themself, and the leadership of the APS, honestly accountable to a meaningful standard of conduct.

How is it that in order to get elected

you never have to stand eye ball to eye ball with voters and answer any question they want to ask?

Why is there no active APS Citizen Advisory Council?

...and who is accountable?

What if every voter wanted to hear every candidate answer the question on the record;

are you willing to be held honestly accountable in your public service, for your conduct and your competence?

And the media and the newspapers steadfastly refused to ask the question of any candidate.

What do you do?

Am I really the only one who wants to know?

I don’t hear anyone else asking candidates for public service if in their public service; they are willing be honestly accountable to some meaningful standard of conduct.

Trust is a poor substitute for absolute transparency.

What’s wrong with the question?

Am I asking too much?

“Get Out of Jail Free” cards for APS Leaders

…paid for by taxpayers.

During my interview with the editors from the Tribune, I mentioned that APS Leaders by and through their Modrall lawyers bought immunity from accountability for felony criminal misconduct. I was asked; don’t people do that all the time?

Imagine that a custodian spreads the wrong kind of deicer on a sidewalk and a student is hurt. The district has some liability for the injury. And the district can properly exchange pubic money for immunity from further claims for damage.

Imagine that a senior administrator commits a felony and in order to dodge criminal accountability; the district offers someone public money not to tell the police about the felony.

There is a difference.

Where do you hide an elephant during an election?

...behind a stone wall.

APS’ Everitt stonewalls Rep. Heather Wilson

The APS ethics and accountability scandal has been brought to the attention of Representative Heather Wilson. She wrote a letter to APS Superintendent Elizabeth Everitt. The superintendent was asked to respond to my allegations.

45 days were allowed for the APS Superintendent to respond to the congresswoman’s office. That deadline has expired and there is no response. The allegations remain un-refuted by the leadership of the APS, and a congresswoman has been disrespected.

Previously a similar letter from the office of United States Senator Pete Domenici failed to prompt any response from APS leaders, except to stonewall.

Governor Richardson has stated on the record that APS leadership enjoys a statewide reputation for dodging accountability. A reputation so bad that the Governor had to ask voters to ignore it when they voted on a third of a billion dollar tax increase upon themselves.

Mayor Martin Chavez argues over and over again, that the lack of accountability in the APS is so profound that our public schools can only be saved by a mayoral takeover of the school board.

The entire board has refused repeatedly and individually to be held accountable to any meaningful standard of conduct. Board member and candidate, Robert Lucero argues that the board is not bound even by the diminished employee code of conduct because; they are not “really” employees. A request for public records failed to produce a board member W-2 form for examination, I presume because the box for “employer” said the APS.

The Superintendent has also refused repeatedly and on the record, to hold her self honestly accountable in either her character or her competence. She can demonstrate no system in the APS whereby she or any other administrator can be held honestly accountable for ethical or criminal misconduct. That’s why she won’t respond to a Congresswoman or to a United States Senator.

Not one Albuquerque City Councilor will defend the integrity of the APS Leadership, not even Councilor Brad Winter, himself an APS administrator; nor will the Albuquerque Chamber of Commerce, nor the Character Counts Leadership Council, nor the APS Education Foundation, nor any senior APS administrator.

The expression, the elephant in the room, refers to something that everyone can see but that no one will acknowledge. The ethics and accountability scandal in the APS goes beyond an elephant in room.

It is more like an elephant squatting on your head.

“Shite” rolls downhill for a reason.

It is moving away from power. Those at the bottom of the hill are less powerful and held more accountable.

Because that works out well for the powerful.

Were there reason in the situation,the power would be at the bottom of the hill close to its rightful owners.

And accountability would roll up to the top.

APS Police Chief Gil Lovato under investigation, finally.

Among the allegations; he “misappropriated” evidence from his evidence room. He claimed that he had no access to the room. Others claimed the truth to be, he had a master key. When asked by KRQE for the truth about the master key access, he told them it was none of their business. By extension, the truth is none of the public’s business. The truth about the public service of a public servant is none of the public’s business.

That argument has a familiar and disturbing ring to it; does it not?

According to the Journal, “Another top APS official (apparently Tom Savage) instructed all sworn and civilian personnel in the school district police department not to discuss the audit or reveal what was said to auditors.” In other words, no public servant is to tell the truth to any member of the public regarding the details of their public service.

Superintendent Everitt told the Journal that “she couldn’t get into the reasons behind her decision to place Lovato on leave…” The public has no right to know the details of the betrayal of public trust by a public servant.

When asked about apparent inconsistencies in the handling of Lovato’s case, Everitt said, “It just depends on circumstances. …It’s really just based on circumstances.”

When asked why Lovato still had his master keys and a company car, Everitt offered, “it really is dependent based on individuals…”

It is a familiar theme in written standards for APS leadership; follow the rule unless you decide that you want to do something else. It is based on the premise that if you are powerful enough you can except yourself from the rules. And, if you are arrogant enough you can actually write your exception into the rule. They like to decide things on a “case by case” basis. The system works well for their friends. It works less well for their enemies.

Lovato is the subject of previous unresolved allegations of ethical and criminal misconduct in the handling of evidence. The allegations were denied a principled resolution by the leadership of the APS who used Modrall lawyers, unwitting taxpayer support of “education”, and weaknesses in the legal system to prevent the resolution of those allegations and of other allegations against senior administrators and board members.

Actual immunity from allegations of criminal misconduct was purchased for senior APS administrators and board members, by and through Modrall, when public funds were exchanged for that immunity.

When senior administrator Michael Vigil was on his way to jail for aggravated drunk driving, he is reported to have asked to be allowed to call Gil Lovato. For what do you suppose? Perhaps it was to discuss their mutual respect for the law, and for honest accountability to a meaningful standard of conduct.

According to everybody’s mother; “where there is smoke there is fire.”

So is this smoke, or is this fire?

Nature abhors a vacuum

If in public service there is a vacuum of accountability, who rushes in to fill it?

Will it be filled by those who support and will submit to honest accountability?

Having filled the vacuum, who will they then allow to join them; those who support and will submit to honest accountability?

According to the Council of Great City Schools; in the APS, administrative evaluations are “…subjective and unrelated to promotions…” That doesn’t sound like honest accountability to me.

Good leadership accepts accountability.

Great leadership demands it.

Why does it cost hundreds of thousands of dollars to fire an APS administrator?

Corruption, incompetence, and the cover up of corruption and incompetence.

You can vote yes

I don't know the details of the current plan for spending the money that you will be asked for on February 6th.

I do know that if I am elected,and with your continuing support, it will be spent differently. There will be illumination of the whole truth. Decisions will be made by stakeholders and there will be honest accountability for the spending.

There will be none lost to corruption and or incompetence.

The system will not allow it.

Site based decision making

No one of us is as smart as all of us

No one of us must make all decisions. Decisions need to be made at the location of the expertise and the experience and by stakeholders; and not at the accumulation of power.

The best use of power in public service is not to make decisions, but to guarantee that power is exercised according to the expressed interests of its rightful owners.

I guess we just won’t ask

With the removal of the public forum from school board meetings, the forum is no longer on the record; questions asked during the forum can now be ignored with impunity.

Stakeholders can no longer expect answers to questions like:

• Why did the board unnecessarily renovate a board room at a cost of $600,000 while students are being taught in hallways and closets?
• Why is there no one to hold accountable for that decision?
• Have the Leaders of the APS deliberately, methodically, and routinely ignored the requirements of the New Mexico Inspection of Public Records Act, and the Open Meetings Act, and the Governmental Conduct Act?
• Will the record of the tax dollars paid to the lawyers of Modrall, show that the money was spent in the public best interest; or will it show that it was spent enabling senior administrators and board members to dodge accountability to any meaningful standard of conduct?
• Character Counts Leadership Council President, NM Broadcasters Association President and, APS School Board President Paula Maes is married to the President of the Modrall Law Firm. They are the third in the axis of administration, board, and Modrall; the one that stands between APS Leadership and honest accountability. Is this relationship appropriate? Has it been abused?
• Did APS Leaders, by and through lawyers from Modrall, purchase personal immunity from accountability to allegations of felony criminal misconduct, with tax dollars?
• Does their record show that they are accountable to the law?
• What justifies the fact that students in the APS are accountable to the Pillars of Character Counts; and the Leaders of the APS are not?
• Is it acceptable for them to self-except themselves from accountability to the standard they enforce upon students?
• Are they accountable as role models?
• Are they obligated to lead by example?
• Why is prohibited behavior routinely permitted on school campuses; why are students in charge in schools?
• Why does the District have no discipline philosophy despite the obvious problems caused by the lack of discipline in schools?
• Are administrative evaluations still “… subjective and unrelated to promotions or step placement…”?
• Is the culture of the APS still one of retribution and retaliation?
• Why won’t APS Leaders refute even one allegation that has been made against them? Why is stonewalling their only response?
• Has the Leadership of the APS deliberately interfered with efforts to inform stakeholders and to enable their participation in decisions that affect their interests?
• What is the ethical justification for removing pubic forum from the public record?
• What is the justification for removing from their own code of conduct the expectation that, “…in no case shall the standard for an adult be lower than the standard for students…?
• Why won’t they answer the question; will you hold yourself honestly accountable to a meaningful standard of conduct?



There are other questions of course. These are enough to prove that they will not answer even one; … on the record.

And that is why the public forum is no longer on the public record.

If the Journal and Trib asked these questions, and then reported the truth to stakeholders; the results of the February 6 elections would be affected.

Does it not follow then that, their refusal to investigate and report upon the APS ethics and accountability scandal will affect the election as well?

Are they deliberately fixing an election?

That would be wrong; right?

APS school board candidate bounced from Board Meetings.

It had to do with a dispute over parliamentary authority.

APS Board Policy B.14 Parliamentary Authority

Roberts' Rules of Order, newly revised, will govern the Board of Education, except when state regulations prevail. …Actual procedures will be left to the discretion of the Board president.

Under Robert’s Rules of Order, it is at times appropriate to interrupt a meeting. An interruption that is provided for by the rules is not a disruption.

But if you are powerful, unaccountable, and so inclined, you can suspend the rules and declare the interruption a “disruption”. And then summon four members of your Praetorian Guard to escort the offender away. Twice.

One would think from reading board policy that board meetings are subject to Robert’s Rules of Order. Not so.

The final sentence manifests the fountain of the ethics and accountability issues in the APS Leadership; the belief that rules only apply until you want to do something else instead.

Sacrifice is the currency of commitment

Because our power is exercised by and through public servants; it is important that public servants are accountable to us. It is our only control over the power we entrust to them.

Public forum is the only place where a community member can personally hold public servants accountable for their conduct and their competence.

When the public forum was removed from the public record; it was at the forfeit of its purpose.

Public servants have decided that they will not answer questions about their public service on the record.

We have lost control of our power. What more proof do you need than the fact that they can refuse to answer questions about what they are doing with it? And then get away with it.

It is unacceptable. We must regain control over our power. We do that by establishing accountability for its use; accountability to us.

With membership in a community comes dues; the obligation to fair share the burdens which must be borne in community best interests. Sometimes the burden includes standing in defense of principles that are important to the community.

Like the following principle.

The least powerful citizen should be able to hold the most powerful public servant honestly accountable for their conduct and their competence.

Those who believe in that principle have dues to pay in its defense.

The only proof of commitment to a principle is to stand up in its defense; even at some sacrifice. There is no equivalent gesture. There is walking the walk; and there is everything else.

Principles are protected only by those standing in their defense.

In the end, we will remember not the words of our enemies, but the silence of our friends. Martin Luther King, Jr

Public forum died Thursday evening not by the words of its enemies. It died by the silence of its friends.

There's a school board election ahead

Yesterday, all of the school board candidates had an opportunity to meet with representatives of the unions of the people who tend to the needs of 98,000 of our sons and daughters every day in school.

I promised them a seat at the table where decisions are made.

The same promise is made to every stakeholder in any decision in which I participate as their public servant.

I guarantee that promise with a signed resignation; to be executed the instant that it has been impartially determined that I have failed in my public service; to hold myself honestly accountable to the student standard of conduct; the Pillars of Character Counts.

I offered the opportunity to regain control over their schools beginning with the meaningful participation of stakeholders in local decision making.

I offered to reestablish the authority of adults over children in schools. I will begin by reestablishing the moral authority of adults over children, by restoring to the employee code of conduct the expectation that, “… in no case shall the standard for an adult be lower than the standard for students…”

I offered to end the waste of human and financial resources by ending administrative corruption and incompetence. I intend to reach that goal by establishing for the Leadership of the Albuquerque Public Schools; honest accountability to a meaningful standard of conduct; accountability for their character and their competence, even against their will.

Leadership in the Albuquerque Public Schools will be by personal example.

I offered to surrender the truth to stakeholders. There will be absolute transparency; more than that, there will be illumination of the truth.

A good faith question will receive a good faith response. There will be a public forum at board meetings and, it will be on the record.

Board members are stewards of more than a half a billion tax dollars every year. They have a significant impact on the intellectual, physical and emotional growth of 98,000 of our sons and daughters.

It makes a difference who gets elected.

The night the forum died

What is a public forum, if it is not an opportunity for the least powerful person in our community to ask the most powerful; why did you spend $600,000 dollars on a board room that you don’t need; while there are students learning in hallways and closets?

And then expect them to answer.

NMIPRA request of the DA

(IGNORE THE DATE OF THIS POST, WHICH IS NOT ACCURATE)

Ma'am,

If you are not the custodian of public records for the District Attorney's Office; please forward this request to the custodian.

To: Custodian of Public Records, District Attorney, 2nd Judicial District

From: Charles MacQuigg, XXX XXXXX, Albuquerque, NM 87108, (505)XXX-XXXX

This constitutes a request foran opportunity to inspect and/or copy;

all public records released by the APS, to the office of the District Attorney, of the investigation of the APS police department and Gil Lovato; its former chief; whether by their internal auditor, independent investigator, or other

All other records of investigations of the APS police department regardless of source.

If you would please, acknowledge that you have recieved this request and that it meets your needs.

“There is a time for ethics reform;

And that time is now”, said Governor Bill Richardson as he began his second term today.

He knows that the Leadership of the APS refuses to hold itself honestly accountable even to the code of ethics to which they hold students accountable.

If the time is now; isn’t today the day he should tell the Journal and Trib to tell stakeholders the truth?

a copy of the NMIPRA request of the APS

To: Custodian of Public Records, Albuquerque Public Schools

From: Charles MacQuigg, XXXX, Albuquerque, NM 87108, (505)XXX_XXXX

This constitutes a request for all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any APS and relate to public business, whether or not the records are required by law to be created or maintained and excluding any records whose request is prohibited by any agreement between myself and APS.

All public records of investigations into the conduct and competence of Gil Lovato within his public service for the public schools; the APS.

Your previously expressed denial

"...those complaints (the public records that I requested) are confidential and are not public information because thy include "letters or memorandums which are matters of opinion"

is unacceptable.

I would point you to the law which states;
"Requested public records containing information that is exempt and nonexempt from disclosure shall be separated by the custodian prior to inspection, and the nonexempt information shall be made available for inspection."

If you would please, acknowledge that you have recieved this request and that it meets your needs.
Ched MacQuigg

a copy of the IPRA request of the BCSO

To: Custodian of Public Records, Bernalillo County Sheriff's Office

From: Charles MacQuigg, XXXX, Albuquerque, NM 87108, (505)XXX_XXXX
This constitutes a request for all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of the BCSO and relate to public business, whether or not the records are required by law to be created or maintained.

All public records of investigations into the use of BCSO computers by APS personnel.
All public records of comunications regarding the consequenses of the conduct revealed by any investigation of the use of BCSO computers by the leadership of the APS.

Your previously expressed denial

Mr Macquigg- We have no documents that are responsive to your request.

is catagorically unacceptable; it.is simply not credible. It is impossible to believe that there are no electronic or written logs that track data for an Interstate Identification Index Checks. I insist upon an honest response.

If you would please, acknowledge that you have recieved this request and that it meets your needs.
Ched MacQuigg

Benjamin Franklin: “Force shites upon reason's back.”

By which he meant I think; if the demands of Reason and Power conflict, Power prevails. It is true, still.

In what must be among the oddest of ironies, the laws supposed to protect us from the abuse of power, do not apply to the powerful.

Next Thursday night, the APS School Board Policy Committee is going to rewrite its Policy on the Public Forum. They will rewrite the rules to legitimize their previous misconduct; to dodge accountability for violating their own policies, and to limit the exercise of free speech.

The record shows deliberate and repeated misrepresentation of the truth. They have removed the public forum from their agenda, and from the public record. No longer can a stakeholder speak on the record, except to a pre-approved issue. It makes the public forum meaningless. It ignores the obligations of a “Public Forum”. It is an assault on free speech. It defies reason.

If I am allowed to speak, I will reason that they can not dodge accountability by suppressing free speech; and yet they will anyway. Because, “power shites on the back of reason.”

And nobody will know what they have done, except the people in the room.


Update: I was not allowed to speak at either meeting. I was not allowed to speak despite the board policy requirement to follow Robert's Rules of Order. I was in fact escorted out of both meetings by uniformed members of APS' Praetorian Guard. It was not reported by the media who witnessed the dispute.

The Trib: APS renovation costs going up

The question is not so much whether a new boardroom is worth $625,920; as it is; should we be spending that much money unnecessarily; when there are so many other more important needs?

Lest you worry that your representatives on the board are not on top of things; Gordon Rowe is quoted as saying, “My general feeling is that it was more expensive than it was supposed to be.” And Mary Lee Martin offered, “I have no idea how it got so expensive.” But according to Martin, it is apparently worth the cost because, “Our employees suffered in the old building.” Define “suffered” please.

District officials anticipating irate tax payers, offered that the money didn’t come out of property taxes but from the sale of public property. And that property was originally bought with what exactly, if not with tax dollars? To top it off, Rigo Chavez said the details of the sale are “confidential”.

Let me get this straight; the details of public servants, acting within their public service, and selling public property, are not for the public to know.

Gran did not ask, or she did not report the answer to the follow up question;

What? ??

Explain it to me, like you would explain it to your child.

It’s alright for powerful people to self-except themselves from the rules because, …?

The burden of proof falls reasonably upon whom?

I aver; the leadership of the APS offers no opportunity to be held accountable for their character or their competence. And further that, that is proof of mal, mis, and non feasance as public servants; and as role models for 98,000 of our sons and daughters.

Am I to prove the negative? Am I to produce every sheet of paper that they have printed, to show than not one has on it a system that offers a principled resolution of a complaint made against them? And further that not one of those sheets of paper shows a record of honest accountability to even the student standard of conduct?

Or is the burden of proof upon them to produce that one sheet of paper?

What do I have to do to get them to surrender it? I have been asking for it for fourteen years. I have asked the newspapers to ask to see that proof; or report that it does not exist. I have taken them to court. I have run for the board.

Beyond any reasonable doubt, there is no record that proves honest accountability to any meaningful standard of conduct.

Incontrovertibly established by self evidence; voters have a right to know the truth while there is time enough to participate meaningfully in the decisions that must soon be made.

Disingenuous

"…not straightforward or candid; insincere or calculating; giving a false appearance of frankness"

As in, the Journal’s Sunday editorial encouraging voters to support the passage of ethics reform in the state legislature, by filling the galleries; while at the same time continuing to cover up a bona fide opportunity for voters to impose real ethics reform in public service, by voting out the Leadership of the APS for their public and repeated refusal to be held accountable to any standard of conduct that uses the word ethical.

In an upcoming, but still under-reported board member election.

A rising tide lifts all boats

I cannot imagine a legitimate political or social agenda that does not move forward on the day the first public servant finds themselves accountable in their public service for their character and their conduct.

What problem with public service does not have its roots in incompetence and/or corruption? Accountability is fatal to both.

If every day…

…everyone that read this blog got one other person to read the blog; then on Wednesday January 17th, 2007, 8,388,608 people will get an invitation to participate in the last public forum before the APS board member elections.

If of those 8,388,608 people, two hundred show up to stand up for what they believe in for two minutes; then they will see the Leadership of the Albuquerque Public Schools held honestly accountable to a meaningful standard of conduct, in their character and in their competence. Even against their will.

What are the odds?

You better saddle up soon

or you are going to lose your control over your public schools.

It's all over if the APS ethics scandal is still secret February 6th, 2007

Accountability behind Mayor’s Plan for Schools

…wrote Journal editors. I disagree. Mayor Chavez’s plan is building an empire that includes control of the public schools; the lack of accountability in the APS is merely a convenient excuse.

If Chavez had any real concern over the lack of accountability in the public schools, he would tell the Journal and Tribune to tell the real truth about the lack of accountability in the public schools. He won’t, and neither the Journal nor Trib will proceed without his blessing.

The truth is that the Leadership of the Albuquerque Public Schools has refused repeatedly to be held honestly accountable to any meaningful standard of conduct. If any of the Mayor, the Journal or Tribune told the truth about the APS Leaders’ refusal; public outrage would prompt an immediate and comprehensive overhaul of accountability in the APS; without assistance from the Mayor.

Which is why if you ever read the truth about APS’ lack of accountability in the newspaper; it will only be after it is too late to do anything about it.

Paul Broome wrote; “Our students, hard-working teachers and principals deserve a leadership change for real accountability and results.”

Of course they do. So why won’t Mayor Marty provide for a leadership change by telling the Journal and Tribune to go ahead and tell stakeholders the truth?

Is it because telling the truth now, before the school board election, would eliminate any need for the Mayor to take control over public schools away from its rightful stewards, the community?

What other reason explains the Mayor and the newspaper’s steadfast support of the APS Leadership’s efforts to cover up the APS ethics scandal?

They got away with it

There was a school board meeting today. The public forum was not on the agenda.

I. Call to Order
A. Pledge of Allegiance
B. Roll Call
C. Adoption of Agenda (Discussion / Action)

As you can see, the agenda listed the adoption of the agenda as a discussion and action item. I sought to comment on the adoption before it was too late. Robert Lucero stated that discussion, my comment, was not allowed before the agenda was voted on; because until then the meeting had not yet begun. This despite that fact that discussion was clearly appropriate, and that the discussion and adoption of the agenda was the third item on agenda after the meeting was called to order. I believe that Robert Lucero simply made up his "argument" on the spot; that it was fabricated to suit his ends.

Paula Maes and the rest of the board agreed with Lucero's indefensible and patently absurd reasoning.

Until I am proved wrong by someone more expert than I in Robert's Rules of Order; it is my opinion that Lucero and the board are simply bullies who trample those who stand in their way. And who then cannot be held accountable for this or any other of their misconduct.

During the “off the record public forum”, four of seven board members were not even present. Had anyone chosen to speak during the forum, they would have been speaking to more empty chairs, than occupied.

When I asked a rather large audience to stand up in support of their belief that the public forum belongs on the agenda and on the record, a half a dozen people stood up. I am grateful for the courage they displayed; the courage they modeled for a dozen or so young people in the room. Unfortunately six people, no matter how courageous, are far too few to make a difference.

The agenda of the next meeting of the board of education will not include a public forum.

Why must the Public Forum be “off the record”?

Their history is one of misrepresenting the truth about public forums. Stakeholders have been deliberately and methodically mislead by the broadcast records of the public forum.

They have moved public forum off the agenda in order to move it off the record; and to avoid having a videotaped record of the forum.

The Administration, the Board, and Modrall want the public forum off the record; why?

Public forum is the only place that the leadership of the APS will be asked to account for their failure to hold themselves accountable to a meaningful standard of conduct. They will not be held to account in the Journal or the Trib. Nor will they be held to account by the TV or radio news. Nor will they be held to account by the senator, the governor, the mayor, the city council, the chamber of commerce, or the Character Counts Leadership Council.

Public forum is the only place they will be asked to tell the truth. And they don’t want their response on the record.

In exactly whose interests?

It would be a shame if the next school tax failed

It will be a shame for students and staff in schools that are in need of repair.

This community has a record of taxing itself in support of its schools. But voters are tired of holding their noses while they trust even more of their money to people they don’t trust.

When Governor Richardson urged voters to support the last bond issue; he asked them to ignore APS’ waste on bureaucratic red tape, long history of dodging accountability, ill will across the state, Legislative and community distrust, and lack of leadership.

Through how many tax elections are we supposed to ignore the problems with the people who spend the money?

Voters will turn down new taxes because they cannot turn out those whose history is one of squandering their trust and their treasure. Because the Leadership of the APS has no record of honest accountability for corruption or incompetence; voters will hold them accountable in the only way they can.

Between the February and September bond issue elections; the number of voters who voted against the issues almost tripled.

Before the September bond issue, Governor Richardson said, “Following the election, I welcome a debate on potential solutions aimed at requiring more accountability in our schools.”

I guess he didn’t mean that he would assume any personal responsibility for a debate, or that there would actually be any debate; just that it would be welcome if it did happen.

It didn’t.

More proof

There is evidence of a deliberate distortion of the truth in the broadcast version of ten public forums; the forums during which the school board members and superintendent each refused to hold themselves honestly accountable to a meaningful standard of conduct.

If you compare the edited and unedited versions of public forums; you will see a deliberate effort to misrepresent the truth.

APS Records Custodian Rigo Chavez has the capacity to furnish the edited and unedited versions of the truth, in response to a carefully prepared NMIPRA records request.

Whether he will or not, is a whole other question.

APS Board hides its misconduct

During the last board meeting, the Public Forum was moved
'outside of the APS board meeting" by putting it before the agenda.

By their reasoning, the record of the public forum could then be edited from their “broadcast version of the truth”.

And their constituents would not watch them as they refused to hold themselves honestly accountable to a meaningful standard of conduct. For the tenth time.

It "isn't dishonest" because it's not the "official record."

APS “Ethics scandal”

So far as I know, I am the only person using the phrase, ethics scandal; is it fair, is it responsible, is it ethical? You tell me.

Clearly the word ethics is used correctly. The issue is the ethical accountability of the Leadership of the APS.

Is there scandalous misconduct? According to my online dictionary a scandal is;

A person, thing, or circumstance that causes or ought to cause disgrace or outrage: a politician whose dishonesty is a scandal.

Damage to reputation or character caused by public disclosure of immoral or grossly improper behavior; disgrace.

A publicized incident that brings about disgrace or offends the moral sensibilities of society.

Students in the Albuquerque Public Schools are accountable to an ethical code of conduct.

The Leadership of the APS excepted themselves from accountability to that standard by removing language from their own code of conduct which read; “…in no case shall the standard of conduct for the adult be lower than the standard for students…”

They cannot claim honest accountability to a code of conduct that uses the word ethical.

Their record is one of dodging accountability even to the law.

They have taken these steps in order to dodge accountability to currently unresolved allegations of ethical and criminal misconduct.

They and the news media have deliberately hidden this misconduct from voters now, through three elections.

If this is not scandalous misconduct; what is?

If this is not an “APS Ethics Scandal”, what is?

Albuquerque Public Schools, Board of Education, District 2

Robert Lucero, according to the Trib, intends to run for re-election in board district 2.

Someone needs to oppose Robert Lucero’s effort to be reelected to the board.

Someone needs to ask Robert Lucero to answer a few questions.

As a board member, why is he accountable to no code of conduct that uses the word ethical?

Why did he dispose of a motion before the board which would have required administrators and board members to respond to a legitimate question by telling the truth?

Why did he oppose a motion that would have held board members and administrators honestly accountable to the student standard of conduct?

Why did he vote to deny whistleblower protection to those who expose ethical misconduct by administrators or board members?

Why has he refused ten times to hold himself honestly accountable to a meaningful standard of conduct?

Why did he abolish for the Leadership of the APS, the expectation that; “…in no case shall the standard for an adult be lower than the standard for students…”?

If no one opposes Robert Lucero, he will continue to stonewall.

And as a role model for 98,000 of our sons and daughters, and as a steward of the public trust and treasure, and as a public servant; he will be accountable to no meaningful standard of conduct.

How can you trust someone who stonewalls?

The question is, can you demonstrate that you are honestly accountable to any meaningful standard of conduct?

The Leadership of the Albuquerque Public Schools should be able to respond by saying, yes. As stewards of the public trust and treasure; they should have created a system that protects public interests from corruption and incompetence.

They have not. They cannot answer yes.

They cannot answer no.

They will not admit that they have failed to protect public interests from individual and systemic corruption and incompetence.

So they stonewall.

The Administration, the Board, and Modrall can get away with stonewalling because they are powerful. They are powerful only because they are the stewards of the people’s power. Our power is being used to dodge accountability for the corrupt and incompetent abuse of that very power. It is absurd.

So far, they’re getting away with it.

APS Leadership renounces accountability

What ever else they say about their accountability for their misconduct; they cannot show to you:

• Any system in APS that provides that a complaint against an administrator or board member will see a principled resolution.
• A record of having stood up to the consequences of their misconduct.
• Any evidence of their willingness to be held honestly accountable to any meaningful standard of conduct.

They cannot be held accountable for their misconduct for the same reason a playground bully is not held accountable for his.

For exactly the same reason.

APS Praetorian Guard fails to investigate

According to the Journal, the Commander of the Praetorian Guard, Gil Lovato, failed to investigate allegations of criminal misconduct by a fellow APS administrator.

That illustrates the problem with the APS Leaders' ownership of the system by which they are held accountable for misconduct.

Gil Lovato is himself, the subject of unresolved allegations of evidence tampering, destruction of public records, and conspiracy.

Those charges were never investigated either.

Because the APS administration, board, and Modrall, cannot be held accountable for their misconduct.

If you need proof that you have been stripped of your control over your power

Consider that it is the public servant who decides if and when they will answer questions about what they are doing with it.

Corrupt politicians usurp power

Public servants wield a great deal of power. They yield it legitimately only in the interest of the people whose power it is. The power is entrusted to them for no other purpose. Any other use is illegitimate; it is an abuse of power.

Our power is certainly not entrusted to them in order that they can self-except themselves from accountability for their misconduct.

Rules apply to everyone; or they apply to no one.

Who exactly is going to hold themselves accountable to a higher standard than the example that is set for them?

Once that power has been usurped, it will not be given back. Or, it would have been given back already.

The power must be taken back; even against their will; most certainly against their will.

They have repeatedly refused to be held honestly accountable to any meaningful standard of conduct.

They have repeatedly refused to return to the people, the control over the power which is fundamentally theirs.

What are you going to do about it?

The citizens of Albuquerque have lost their control over their public schools.

The citizens of Albuquerque have lost control of the power that they entrusted to APS Leadership. The power has been usurped by the board, the administration and Modrall.

The eight men and women and their lawyers who run the Albuquerque Public Schools refuse to be held accountable in their public service.

That means they refuse to be held accountable to the people.

If they were really accountable to the community; if they were accountable to any meaningful standard of conduct; they could show you a system in the APS where a complaint against an administrator or board member sees a principled resolution; a fair hearing. They can not.

If they were really accountable for their conduct; their record would be one of stepping up to consequences. It is not.

If they were really accountable; when asked if they are accountable to a meaningful standard of conduct; they would say yes. They won’t.

If the people of Albuquerque had control over their power, their power would not be being used to enable corruption and incompetence in the administration of the public schools.

Just for the heck of it

I decided to find out if the Journal and Tribune would tell the truth if I paid them to.

I submitted a suggested text for my advertisement. It included mention of the APS ethics scandal, and the refusal of the Journal or Tribune to investigate or report upon it.

I was informed that the following policy applies.

“Acceptance of all political advertising is subject to review. The publisher reserves the right to reject for publication any advertisement for any reason at any time.”

Frankly, that makes it difficult for me to publish a political advertisement that points out that the Journal and Tribune are helping to cover up the ethics scandal in which my opponent is involved.

Very difficult.

Imagine a line between the things that are alright and the things that aren’t.

On which side of that line is a public servant who refuses honest accountability to a meaningful standard of conduct within their public service?

And why is it not alright to ask him which side of the line he is on?

And then expect an answer.

Charter schools backfill

Can charter schools backfill into schools with declining enrollments?

It makes too much sense mathematically, to not ask.

Why won't APS respond?

APS Leaders model only hypocrisy

As role models for 98,000 of our sons and daughters, do the leaders of APS have any responsibility to model accountability to the standard to which they hold students accountable?

Because if they do; they aren’t.

The new, lower standard of conduct written and adopted by APS Leadership as their standard of conduct says, “Employees of the Albuquerque Public Schools shall serve as positive role models for students and set good examples in conduct…”

“Positive role model” and "good example" are muddy standards. They are made to order for those whose interests lie in evading accountability.

When the leadership of APS holds students accountable to a higher standard than their own;

And when they cannot demonstrate by their record, honest accountability to any standard of conduct at all;

And when they have refused for the tenth time to accept honest accountability to a meaningful standard of conduct;

And when they removed “…in no case shall the standard of conduct for an adult be less than the standard for students…” from their own code of conduct;

I would argue that they are not “positive role models”; that they are not setting a “good example”.

The senior administration, the board and Modrall don’t have to argue anything at all; because they are not accountable; to anyone.

By their record, they cannot show accountability even to the law.

They cannot show a system in place in the APS where a senior administrator or board member is subject to a principled resolution of a complaint made against them.

Ten times they have refused honest accountability to any meaningful standard of conduct.

What more proof do you need?

APS Board Policy G.10

"The Superintendent or the Superintendent's designee will maintain a system of evaluation for all personnel in compliance with the laws of New Mexico and the standards and procedures adopted by the State Board of Education."

According to the APS Website, the policy was last reviewed: April 2001

In October of 2003, in an impartial audit of APS after the M&O corruption scandal, the Council of Great City Schools wrote that administrative evaluations were “subjective and unrelated to promotions or step placement…”

The comment was offered by way of criticism.

Has anything changed since the audit? They have failed to produce any pubic record that says that they have changed anything at all.

Can the Superintendent, or the Superintendent’s designee, be held accountable for not maintaining a system of evaluation that protects the community from Administrative incompetence and corruption?

Sure they can. And a pint of Häagen-Dazs serves four.

Mayor Chavez lets APS Leadership off the hook. Why?

Mayor Chavez claims an interest in increased accountability in the Leadership of the Albuquerque Public Schools. He claims it a lot.

The Leadership of the APS is currently refusing to be held accountable to any meaningful standard of conduct.

All Mayor Chavez has to do to make APS Senior Administrators and Board Members accountable; is to give the newspapers the go ahead to write about the APS ethics scandal.

When they finally tell the truth; there will be accountability in the Leadership of the APS.

But the Mayor won’t give them the go ahead. Why not?

Would a major improvement in the accountability picture in the APS interfere with the Mayor’s interest in assuming personal control over the public schools?

Or am I being too cynical?

APS’ Character Counts plan

We will teach students that their character counts.

They will then inspire their teachers to embrace character and courage and honor.

The teachers will inspire their principals, who will inspire the superintendents, who will inspire the board.

How could it possibly go wrong?

Looking past the haircut

There are two unresolved issues at Rio Grande High School.

I will begin by acknowledging no personal experience at that school. I will bow to any controverting fact.

The first issue yet to be resolved; who is in charge at the school, the staff or the students?

At a school where prohibited behavior is permitted; the rule breakers are in charge.

Which is not to imply any adult at the school willingly accepts that situation, or is not doing everything they possibly can to change it.

The second unresolved issue is whether or not there will be a manifest gang presence at RGHS.

There are actually three issues.

The first two exist because of the third. There is no APS District Discipline Philosophy.

Discipline policies in the District are not based on any common discipline philosophy. If there were a well thought out, comprehensive philosophy, they could show it to you.

What do the Superintendent and Board intend to do about the issue of a manifest gang presence on school campuses, District wide? What do they intend to do about the issue of the permission of prohibited behavior, District wide? What do they intend to do to regain their control over school campuses, District wide?

It would be grossly unfair to hold individual schools staffs or staff members culpable for this lack of direction.

The responsibility for this lack of leadership falls squarely on the Board and the Superintendent.

Each of whom refuses to be held honestly accountable to any meaningful standard of conduct regarding their character or their competence.

Again, and again, and again, and …

Public servants are accountable to the public

I will never forget the evening the Trib editor wrote, “I hope the legislature does the right thing” with regard to ethics reforms.

Since when does the master “hope”, that the servant will do as they are told?

The master’s wants are crystal clear; an end to corruption and incompetence in public service.

Corruption and incompetence exist because for hundreds of years, the masters have “hoped” that the servants would protect them from corruption and incompetence.

The first ethical use of power is to eliminate the possibility that the power can be abused; to protect the interests of those whose power it is.

The first intelligent abuse of power is to eliminate accountability for the abuse of power.

By crippling the mechanisms of accountability, and by corrupting the standards.

Like when the Leadership of the APS removed; “…in no case shall the standard for the adult be lower than the standard for students…”, from their code of conduct.

Take your best shot

You may ask any ethical question of me; simply post it here as a comment.

I promise an ethical response.

Or I will resign my candidacy.

Why do I keep asking the same question over and over?

I have been asking this question since 1994; the year I was trained in Character Counts.

It is my absolute conviction that we must raise the next generation of adults to embrace accountability to a meaningful standard of conduct. It is the principle we illustrate when we tell children about George Washington and the cherry tree.

The principle cannot be taught by the story alone; it must be taught by our personal example as well. Or our children will learn from a different example; dodging accountability.

The Albuquerque Public Schools senior administration and board members are not accountable to any meaningful standard of conduct; even the law.

Prove it, you say.

They have never denied it. Prove it to yourself; ask any senior administrator or board member to show you the record that they are accountable to any standard.

The only thing that they have to show is a record of dodging accountability; a record of spending enormous amounts of money on lawyers whose goal is to forestall, forever, accountability even to the law.

In the offices of Modrall are two sheets of paper. Between them they are evidence of perjury; a fourth degree felony.

The APS senior administrator, who perjured himself, has never been held accountable for his misconduct.

His immunity, and immunity for other senior administrators and board members, was purchased with public money; unwitting taxpayer support for education.

The Leadership of the APS has the will and the wherewithal to dodge accountability even to the law.

Show this post to anyone in APS. Ask them to deny any part of it.

They won’t. They will stonewall.

I keep asking the question because unless and until they answer it; nothing will ever change.

The private lives of the APS Leadership

I was asked today, by what right do I force my expectations on the private lives of APS Leaders?

The answer is that I don’t. I could not care less about the private lives of board members and superintendents.

They enjoy the same human right to privacy in their personal life as anybody else.

My expectation is that in their capacity as public servants; when they’re spending pubic money and wielding public power; that they be honestly accountable to a meaningful standard of conduct.

And it is precisely that accountability which they are rejecting.

Power and honest accountability vary inversely.

Powerful people can break the rules; and then dodge accountability. APS leaders have broken the rules and are dodging accountability.

Consider what you have seen with your own eyes.

Nine times the Superintendent and School Board Members have been asked to hold themselves honestly accountable to the same standard that they established and enforce upon students. Nine times they have stonewalled the question.

By their history, and by their stonewalling; APS Leaders have indicated that they are unwilling to be held accountable to ANY standard of conduct; even the law.

As senior role models for 98,000 students, and as the stewards of the public trust and treasure, and as public servants;

Are APS Senior Administrators and Board Members honestly accountable to a meaningful standard of conduct?

They would like you to believe that they are.

So who are you going to believe; APS Leadership, or your lying eyes?

“…fear of retaliation or retribution is part of the culture…”

Let me tell you a story about that culture and what it feels like for a teacher in the Albuquerque Public Schools.

The Principal lied to the President of his Student Government about an issue before the government. The Principal told the lie to escape accountability for a decision that he had made.

The teacher attempted to hold the Principal accountable for his misconduct. A complaint was filed with a very senior APS administrator. He told the teacher that “…it doesn’t hurt a kid if their Principal lies to them…” and to stop filing complaints about the principal, except through APS channels.

The message was “stop making complaints”; because APS did not and does not offer a channel for the principled resolution of complaints against administrators or board members.

If they did; they could show it to you.

A “hearing” of the Principal’s objections to the teacher’s efforts to hold him accountable; was scheduled.

Notice of the hearing, a letter, was delivered to the teacher at his school, right after school, in front of students and colleagues. The teacher was greeted by a uniformed police officer, a Sergeant of the APS Praetorian Guard. The office door was immediately closed to allow the whispering and the rumors and the gossip to begin.

As the teacher walked into the hearing, he was handed the results of the “hearing”. In fact, the letter which was placed in the teacher’s personnel file; and later used in an effort to fire him; was dated several days before the “hearing” took place.

The letter is one of a number of public records that are evidence of ethical and criminal misconduct by senior administrators and board members.

And that’s why you will never see it. Even if you file a public records request. Unless you think you can beat Modrall in court.

Anyone who thinks that they can beat Modrall in court fails to comprehend the advantages of an unlimited supply of lawyers and a pipeline to unwitting taxpayer support for the best education for their children.

They once had a State District Court Judge tell the teacher, when he had complained that the lawyers from Modrall had deliberately misrepresented the truth, “…it’s not my job to decide who’s telling the truth…”

That also is on a public record that you can’t have.

They have established ten times that they are not going to willingly accept honest accountability to a meaningful standard of conduct.

In effect, "No, we will NOT be held honestly accountable to any meaningful standard of conduct. As a matter of fact, we will not to be held honestly accountable to any standard at all."

They're getting away with it; because I can’t stop them alone.

It’s time for someone else to stand up

If we want our children to grow into adults who are willing to hold themselves accountable to a meaningful standard of conduct; we are obligated to show them what that looks like.

I am not the only person who has said that.

It has been said by Michael Josephson, the founding father of Character Counts.

And by Senator Pete Domenici, who helped to write the Pillars of Character Counts.

And by Mayor Martin Chavez, a founding father of Character Counts in Albuquerque.

And by the Character Counts Leadership Council.

And by the Albuquerque Chamber of Commerce.

And by every person who has told a child about George Washington and the cherry tree.

None of whom will stand up in front of the Board and ask them the question.

As role models for 98,000 of our sons and daughters; will you hold yourself honestly accountable to the Pillars of Character Counts; a widely recognized, accepted and respected code of ethics?

The Leadership of the Albuquerque Public Schools has dodged accountability to the same standard of conduct to which they hold students accountable. They will not admit to, nor can they prove by their record, accountability to any standard at all.

If I am wrong, if I have misunderstood this somehow; then tell me how.

Otherwise, help me get it done.

Start sending emails to the people who should be standing up for character counts. Ask them to either defend it or renounce it.

Ask them to defend the Leadership of the Albuquerque Public Schools, or defend the Pillars of Character Counts.

It’s time to kick this ball onto the field. Indict them or acquit them.

You pick a side when you don’t pick a side.

“What I'm after is accountability”,

says Mayor Martin Chavez.

“What I’m after is accountability”,

Says Ched MacQuigg; the guy who keeps asking APS Leaders to answer the same question.

Will you hold yourself honestly accountable to a meaningful standard of conduct?

“Seems unlikely” says the Administration, the Board and Modrall.

They didn’t actually say that that. Actually they didn’t say anything. They stonewalled. Like we all don’t know what that means.

Mayor Martin Chavez and I are after accountability in the Leadership of the Albuquerque Public Schools.

We should be standing together at the next board meeting. But we won’t. Perhaps he doesn’t want to be seen with me.

Mayor,
If you will assure me that you will go to the next board meeting and ask the Leadership of the APS if they, as role models for 98,000 of our sons and daughters, and as the stewards of the public trust and treasure, and as public servants; will hold themselves honestly accountable to a meaningful standard of conduct; then I will not.

Let me know what they say.

The Journal’s agenda for the APS

It would appear that the Journal is four square in support of Mayor Marty’s plan to take over control of the APS.

How else would you explain two pages of coverage of how mayors can fix ailing school systems, and still not one word about the upcoming school board elections?

Fixing the school board will go a long way toward fixing the school system. Fixing the school board requires a robust discussion of the issues before it is too late to do anything about them. On December 20th, it will be too late to fix what’s wrong with this board.

What’s wrong with the board, and the District, is an almost complete lack of accountability for senior administrators and board members; all and each of whom refuse to be held accountable to any meaningful standard of conduct.

According to the Journal, Mayor Martin Chavez said, “What I’m after is accountability.” If he really wanted APS accountability he would be standing up at the next board meeting when the adminstration and board refuse, for the tenth time, to answer the question; will you hold yourself honestly accountable to a meaningful standard of conduct?

I doubt that the mayor wants to answer the question either.

And the Journal sure won’t be bringing any attention to the question.

The citizens of Albuquerque are on the verge of losing direct control over their public school system.

Somebody should do something.

Talk about the emperor’s clothes.

Political power and honest accountability vary inversely.

A situation diametrically opposite the need.

Yet no one will talk about it.

Your cost.

The principle is that public servants are accountable to the public; and accountable to a meaningful standard of conduct.

I can think of no other way to demonstrate support for the principle; except to stand up in its defense.

It is my conviction that, if enough people stand up for the principle, APS Leaders will find them selves honestly accountable to a meaningful standard of conduct; even against their will.

Before they ask us next February, for a hundred million more tax dollars.

If, as stewards of the public trust and treasure, they are still unwilling to be held accountable; there is a good chance that voters won’t trust them with any more of their hard earned money.

Which will not be good for the kids. Or the community.

The Leadership could find itself accountable as soon as the next board meeting; Wednesday December 6th.

If enough people show up.

The cost of their accountability is that you have to show up.

If you can’t be there, find someone to take your place. It’s all about the number of people who will actually walk their talk.

You are standing up only for the principle.

I am running for a seat on the board. I will ask for personal support only once; election day, February 6th, 2007.

I will neither solicit, nor will I accept, nor will I represent that any demonstration of support for the principle, is support for me according to any interpretation.

If you have ill will for me, and that ill will is based on rumors; I would ask that you consider a very few points. I represent that I am the victim of deliberate efforts to destroy my reputation and my credibility. That possibility is entirely consistent with an impartial audit of the Albuquerque Public Schools which revealed that “…fear of retribution and/or retaliation is part of the CULTURE…” (emphasis added)

There is no evidence that as the steward of the trust of students, their parents, and the community; that as a teacher, I have ever done anything for which I need to be ashamed. It has been my relentless demand, from the very first, that all evidence be made immediately public. It has been the equally relentless effort of APS Leadership to prevent that outcome. Polygraph testing has always been on the table; my table anyway.

I will stand on the evidence. All of it.

Beyond that I would ask you to imagine that everything that you have heard about me is true. Even though it isn’t. This is about the message. It is not about the messenger.

This is about how many people will go to the board meeting and stand up to hear an answer to the following question.

As role models, as stewards of the public trust and treasure, and as public servants; are you willing to hold yourself honestly accountable to a meaningful standard of conduct?

Letters to the editor; July 27th, 2006

The following represents an email exchange between myself and a local newspaper editor; quoted in significant part.

Dear editor,

I am preparing to distribute what I represent to be undisputed facts regarding the APS ethics scandal.

Among those facts I will include the following:

(your newspaper) has been asked on a number of occasions to investigate and report upon the scandal and has not done so.

This represents your opportunity to dispute that fact.

To which he responded:

I respectfully disagree with your analysis. The XXXXXXX covers Albuquerque Public Schools more aggressively than any media outlet in this city -- and not just from the boardroom. I'm sorry our work doesn't meet your wishes, but I'm confident we have done a solid job on education in this city. Not perfect, of course, but certainly better than you portray.

To which I responded:

Are you suggesting that you have investigated the following facts and reported upon them?

1. Students are currently accountable to a widely recognized, accepted and respected code of ethical conduct; the Pillars of Character Counts.
2. Students are required by the Student Behavior Handbook, to “model and promote the Pillars of Character Counts.
3. Board Members and Administrators are not required by any written policy to “model and promote the Pillars of Character Counts”
4. The Board removed language from the Employee Standards of Conduct which read …in no case shall the standard for adults be lower than the standard for students…
5. Neither the Board nor the Administration is currently accountable, by board policy, to any code of conduct that uses the word “ethical”.
6. A motion was placed before the Board which would have, as a matter policy, required the Board and Administration to obey the same truth telling requirements as students. The motion was disposed of by Robert Lucero without public discussion or vote by the board.
7. A motion was placed before the board which would have, as a matter of policy, required the Board and Administration to hold them selves honestly accountable for ethical misconduct. The motion was disposed of by Mary Lee Martin without public discussion or vote by the Board.
8. APS procedural directives once provided for outside impartial investigation of complaints made against administrators; they no longer do.
9. The Whistle Blower Policy passed by the Board, does not protect individuals who expose ethical misconduct by Administrators or Board Members.
10. The Board, by and through its attorneys at Modrall, have denied a “principled resolution” (the truth of the allegations was never adjudicated) of complaints of ethical and criminal misconduct by Board Members and senior Administrators.
11. According to board policy (which requires students to model the Pillars of Character Counts) students are taught that “stonewalling”, ignoring legitimate questions, violates the requirements of the Pillar of Trustworthiness.

To which he replied:

I think I've said all I'm going to say, Mr. MacQuigg. I stand by the body of our work.

To which I replied:

I believe if you ask (your education reporter) if she has ever explored these issues with the board; she will have to tell you no.

To which he did not reply.

Stonewalling? You be the judge.

Stonewalling? You be the judge.

Stonewalling is what you have to do when your record makes it impossible to tell a lie that will withstand any scrutiny at all.

The following questions have been asked of APS Leaders. They have not been answered. A distinction must be drawn between a response to a question, and “answering” the question. There have been responses. There have been no answers. Even in response to public records requests made under the NM Inspection of Public Records Act.

• How much money do the Tribune and the Journal make off the APS annually?
• How much money does the Modrall Law Firm make off the APS annually?
• Have dollars allocated by taxpayers for the education of their children, been used instead to enable senior administrators and board members to dodge honest accountability even to the law?
• Did taxpayers buy administrators and board members immunity from allegations of felony criminal misconduct; “get out of jail free” cards?
• Why did APS Leaders remove the stipulation from their own code of conduct which read; “…in no case shall the standard for adults be lower than the standard for students…”? And then lower the standard of conduct that applies to them selves?
• Why did a complainant’s right to impartial outside investigation of complaints against administrators suddenly disappear from APS Procedural Directives? And under what circumstances?
• Why did APS Leaders deny protection in the APS Whistleblower Policy, for those who expose ethical misconduct by administrators and board members?
• Why did APS Leaders, by and through Robert Lucero, kill a motion before the board which would have required administrators and board members to answer questions with the truth; not by stonewalling, not with half truths, but with the truth?
• Why did APS Leaders, by and through Mary Lee Martin, kill a motion before the Board which would have created for board members and administrators honest accountability to the same code of conduct that they enforce upon students?
• Why did APS Leaders deny a principled resolution of allegations of ethical and criminal misconduct, including felony criminal misconduct; allegations of which they were subjects?

In all fairness, shouldn’t the Journal and Trib be asking these questions?

And then reporting upon the answers?

Before it’s too late for voters to do anything about it?

Role modeling and accountability

It has been awhile since I articulated my thoughts on these issues. With your indulgence then:

A principle is relatively worthless if it does not inspire defense. If no one will stand up to defend a principle; it follows that the principle is apparently unimportant.

Consider the following principle: community best interests are served by setting and enforcing standards of conduct with respect to driving an automobile. Among them; don’t speed and don’t run red lights.

There are at least three kinds of people. Some people don’t care about the principle one way or the other. Some people will stand up in support of the principle by paying for radar guns and red light cameras. Some will stand up for their interests by buying radar detectors and photo defeating covers for their license plates.

98,000 of our sons and daughters in APS will grow up to be one of those three kinds of adults.

Schools are the perfect place to influence the development of children into adults. We can raise them to embrace personal accountability. Or, we can teach them the value of radar detectors and photo defeating license place covers.

Our choice.

Consider another principle: the best interests of the community are served by raising children who grow into adults who are willing to draw a line between acceptable and unacceptable behavior. And who are then willing to hold themselves accountable, honestly accountable for straying across the line.

Standing in diametric opposition to that principle are senior role models in APS who steadfastly refuse to hold themselves honestly accountable to a meaningful standard of conduct.

What ever accountability they cannot dodge with their radar detectors and license plate covers, is handled by their lawyers; who are paid for by tax payer support for the education of their children.

They will ultimately teach children to behave the same way.

Don’t you agree? Or don’t you care?

Next Wednesday, December 6th, at 4pm, at the corner of University Blvd. and Coal Ave; the Leadership of the APS will (not) look into the eyes of their constituents, and for at least the tenth time, they will refuse to hold themselves honestly accountable to a meaningful standard of conduct.

They will do so in diametric opposition to the principle that states: Public servants are honestly accountable to the public; and to a meaningful standard of conduct.

If no one is willing to stand in defense of that principle; it must be unimportant.

I can’t do this alone.