Howard DeLaCruz, brief Meeting with Susana (Gov. Martinez)

Yesterday, while broadcasting (livestreaming) for NMGOV.TV the Governors speech, at the NAIOP (Commercial Real Estate Development Association) luncheon at the Albuquerque Marriott I had an opportunity to briefly visit with Susana (NM Gov. Martinez) about some ongoing difficulties the public is having talking with her about issues previously addressed before taking office. I specifically asked her if she was going to implement an "open door after four" policy as did the former NM Governor, Gary Johnson.

She assured me, she is aware of the problem and is putting together an opportunity where the public can meet with her for 15 minutes and up to 30 minutes if necessary with follow up. She said the plan is to have the event scheduled by the end of May.

There are some definite problems with staffers and even some cabinet members who say they will respond to official inquiries and request but in fact "do not". Then some of Susana's staffers are naive enough to believe either verbal responses to complaints or accept outright untruths without checking back with the constituents. It is the Governor who is the last stop in a long line of bureaucratic red tape after exhausting all administrative remedies.

Only time will tell if this actually happens but nevertheless, it is good news to all those frustrated constituents who are NOT on the inside with the handlers and gatekeepers. I myself find the most challenging part of a new administration is dealing with some of the naive appointees who fail to recognize classified employees vested interests to hold on to their jobs and some at all costs.

There are other appointees who clearly don't share the Governor's philosophy for open and transparent government. I hope she finds out the truth and administers the appropriate medicine.

APS employee policies re: Tomas Gabaldon's federal indictment , Medicaid fraud & corruption

This was an email I (Howard DeLaCruz-Bancroft) sent 05/01/11 to APS (Albuquerque Public School) board member, Dave Robbins, after his comments were aired Friday night on KRQE, re: Tomas Gabaldon keeping his job at APS while under federal indictment for Medicaid fraud & corruption. The very same department that he was charged in defrauding.

As we discussed last week, the APS board can create policies to deal with these kind of situations as having an employee (Tomas Gabaldon) under federal indictment and working in the very department involving his charges, not just CYA the district. Being proactive not reactive, is what we talked about last week.

A. Any employee under any kind of indictment or charges by a governmental agency shall be investigated or inquiry made by: any agency, organization or party directed by and at the request of the board, (paid by risk management funds if necessary) to determine if in fact their is probable cause regarding the charges or indictments pending. All findings must be in writing and presented directly to the board and available in digital form.

B. If "probable cause" is determined to exist, the board hereby creates a policy that it shall have the authority to direct the superintendent to have any person under indictment or charged by a governmental agency to be placed on non-paid administrative leave until a final order has been issued by the agency filing the indictment and/or charges. The findings from any such inquiries or investigations requested by the board shall be presented in writing directly to the board at its next regular meeting, who may grant extensions from meeting to meeting if necessary to be completed in an expeditious manner so as to render the board able to make a decision as soon as possible. All findings must be in writing and available in digital form.

Probable cause has a very low threshold, "a reasonable belief that a person has committed a crime". It does not involve disputed facts, or questions of law, which require a hearing at trial.

I can provide the board with the actual emails I gave to the FBI and the US Attorney's office, showing Tomas as the key member of the conspiracy to commit crimes against the El Paso Independent School District and taxpayers of the United States of America for Medicaid fraud & corruption.

C. The APS board can, in any case or instance(s) involving indictments and charges against any APS employee(s) may request & enlist the help of the state auditor. The board does hereby establish a policy that if any staff member does not fully cooperate with any and all inquiries and/or investigations, that it shall have the authority to direct the superintendent to subject that person(s) to either disciplinary proceedings or dismissal. The findings will be directly provided to board members in an expeditious time frame. All findings must be in writing and available in digital form.

This could help reveal APS employees, who shielded Mr. Gabaldon from being known to be involved with Medicaid and may have participated in nefarious conduct.

D. The APS board does hereby establish a policy to fully cooperate with any and all IPRA requests and reserves the right to expand the scope thereof and expedite any such requests and all findings are to be presented directly to the board when such requests involve issues directly "in front of" and serving the board's interests for concerns and questions needed to make ongoing effective policy.

This way any person including a board member could obtain answers to concerns without having to depend upon staff's discretionary interests who at present have no consequences for delay or non-compliance. My IPRA request has gone unanswered since 4/25/11. APS had 3 days to respond if it needed more than 15 days and why it didn't respond for answers that were immediately available.

This would at least give APS board members some teeth to bite into the bottom of issues at hand. The classic case involves how Winston delayed getting info on Tomas Gabaldon's federal case for almost 2 weeks & I obtained the information from PACER (Public Access Court Electronic Records) in 20 minutes.

For taxpayers to wait until Nov. 2011 for Mr. Gabaldon's trial is a travesty. You & I have been working very patiently with APS to determine what is the problem with Medicaid department. This is your time to shine the spotlight on a continual and ongoing problem. If you let this opportunity slip by, you may not every again have this kind of leverage with staff who have repeatedly thwarted all such righteous efforts.

Please consider putting these above mentioned items on the next regular APS board meeting so something will get done. I am BCC'ng this to others in hopes they will appreciate the need for the APS board to be proactive.