Restricting speech in limited public forums, according to Esquivel

On May 16th, the NM Foundation for Open Government and the Alb Journal will host their Continuing Legal Education Seminar on Public Access to Government; Understanding and Implementing NM's Public Records and Open Meetings Laws.

According to the agenda, link, at about 3 in the afternoon, Defendant Marty Esquivel will be teaching the attendees, how to maintain order without infringing on constituents’ constitutional rights.

I suspect he will not be showing the video of his own performance; conduct which has him headed for an ass-handing in federal court. 



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APS "leadership" responsible for Manzano Drill Team hazing.

Nearly six years ago to the day, a student on a field trip to the BioPark, did considerable damage to a very expensive piece of acrylic in the aquarium.

At the time I wrote a post, link, blaming the incident in no small part, on then APS Supt Elizabeth Everitt.

According to school board policy, policy that has never been rescinded, she had a responsibility to offer students character education as part of their curriculum. She had, I argued, an unmet obligation to offer students some direction in the development of their character, and therefore shared responsibility. 

Had the student in question gone through meaningful character education, there is a possibility he might not have vandalized the aquarium.  In my experience, character education did not turn many "bad" kids into "good" kids.  Nor did it turn great kids into greater kids.  It did push the kids in the middle, in right direction.  It did have an overall positive effect, though really positive results were limited to those schools where the administration actually walked the talk.

A few years later, when a sagger was sent off to prison, again, I blamed the leadership of the APS, link.  And now, when a high school drill team runs amok, link, again, I blame the leadership of the APS.

I can hear the chorus; what about the students? what about the parents? what about every other negative influence that bombard children all day long?  Realistically, I can't fix any of those; neither can you.

We can fix the fact that, the entire leadership of the APS has abdicated from their obligations and responsibilities as role models of the standards of conduct they establish and enforce upon students.  We can hold them accountable for their willful decision to abdicate from their obligations as role models of honest accountability to higher standards of conduct than the law, and to abandon any district wide efforts to help children embrace higher standards themselves and develop the moral courage to hold them themselves honestly accountable to them.

Real leadership begins at the top and by personal example.  If we really want students to grow into adults who embrace character and courage and honor, someone has to show them what it looks like; beginning with the school board and senior administration.

Their accountability begins with compelling them to defend their indefensible decision to abandon character education and their abdication from role models for students.

Somehow, they must be made to defend, in public and on the record, their decision to remove from their own code of conduct, their role modeling clause;
In no case shall the standards of conduct for an adult
be lower than the standards of conduct for students.
Somehow, they must be compelled to defend their deliberate decision to strike language that held them accountable to a nationally recognized, accepted and respected code of ethics, link, the Pillars of Character Counts! Somehow, they must be compelled to explain why students are expected to model accountability to higher standards of conduct than their adult role models.

Unfortunately, making them do the right thing is harder than you might imagine.

School Board enforcer Esquivel
If you stand up a  public forum and demand that board members and senior administrators explain why students are expected to model and promote the Pillars of Character Counts!, and they are not, APS School Board President Marty Esquivel will have you arrested by their praetorian guard, their publicly funded private police force.



Journal Managing Editor Walz
If you go to the Kent Walz' Journal, or KRQE, KOAT, KOB, or KKOB (or any other NMBA/Paula Maes affiliate) and ask them to investigate and report upon the ethics and accountability scandal in the leadership of the APS. they will not.

They won't tell you, why they won't; or about all their interpersonal connections and affiliations with board members and senior administrators. 

They also have the luxury of not having to defend their indefensible positions.

The only thing they can't stop is the people.
The board can't arrest everybody;
the Journal can't ignore everybody.

Show up at a public forum, ask them
why students are expected to model honest accountability to the Pillars of Character Counts!, at risk of their good character, and

why the "leadership" of the APS is not.




photos Mark Bralley
Walz ched macquigg
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Defendant Esquivel co-leading FOG seminar on public records and open meetings laws.

The NM FOG invites you, link, to find out about the latest developments in public records and open meetings from FOG Hotline attorneys Martin R. Esquivel, Charles R. Peifer, Charles "Kip" Purcell, Robert M. White, Gregory P. Williams and Dan Yohalem, and Journal Managing Editor Kent Walz.

I call your attention to two of the leaders of the seminar, Defendant Marty Esquivel and Kent Walz.

Esquivel has been tapped as a presenter, presumably because he is a role model in the "open government" community.  I presume Walz was tapped for the same reason.

As Esquivel sits at the dais, sharing his wit and wisdom about open meetings, he is simultaneously ordering APS' publicly funded, private police force to enforce an unlawful restraining order that he wrote and had the chief of APS' Praetorian Guard, Steve Tellez, co-sign.

His purpose in violating of my civil rights? to prevent me from standing up at a public forum at a school board meeting, and asking him a legitimate question;
Why are the ethically redacted findings of at least three investigations into felony criminal misconduct in the leadership of the APS (police force), being hidden from public knowledge?  "Why?" mind you, not "how?"
He wants so much, to not be asked that question in public, he will use his Praetorian Guard to stand between me and the asking.

He couldn't get away with it, with out the aide and abet of the establishment's media; including but not limited to, the Journal; including but not limited to Journal Managing Editor Kent Walz.

When I was running for the school board, Esquivel's unlawful restraining order kept me from campaigning for standards and accountability at public forums.  Walz steadfastly refused to investigate and report upon the blatant violation of my civil rights to speak freely, assemble freely, and to petition my government, and the subsequent lack of due process for resisting the unlawful order.

A bona fide candidate for the school board was having his civil rights violated in plain sight, and Walz found it completely not newsworthy; by what reasonable standard?

Clearly, the Journal knows about the felony criminal misconduct in APS; it was they who exposed it, link.  Clearly they know about the cover up; or remain deliberately ignorant.

Kent Walz, knows that none of the findings of at least three investigations into felony criminal misconduct were ever turned over to District Attorney for prosecution.  Walz knows, or remains deliberately ignorant; a handful of the leadership of the APS took it upon themselves to decide that the felony criminal misconduct in this case, did not warrant prosecution.  He knows, or should know, it's not their decision to make.

District Attorney Kari Brandenburg claims she can't do anything about it.  "Claimed" actually, link, link, link, link; statutes of limitation on felony criminal misconduct have expired long since.






In any case, while all this is going on, and while APS, under Supt Winston Brooks, is refusing to produce an ethically redacted version of any of the investigations,  Defendant Esquivel and Walz bamboozled the NM FOG into giving Brooks the FOG's most prestigious recognition for heroes of transparency.

Esquivel himself, is a FOG hero of transparency.  If Walz isn't, he probably will be someday.

What perspective can these two heroes; Esquivel and Walz, bring to a seminar on open government? 

It certainly won't be one of candor, forthrightness and honesty.  It won't be one of character and courage and honor.  So why are they there?

Maybe the audience would be better served by hearing from the screw-ees rather than the screw-ers when it comes to developments in public records and open meetings.




photos Mark Bralley
Walz ched macquigg
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