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Sunshine group to talk with Rogers about board membership

By | 7/18/12, 2:08 pm | News

Pat Rogers

Pat Rogers

The N.M. Foundation for Open Government plans to meet with Pat Rogers to discuss his membership on the group’s board of directors.

“We are in the process of scheduling a meeting with Pat to discuss the issue,” FOG Executive Director Gwyneth Doland (a former NMPolitics.net reporter) told me today. “Pat has asked to be screened from internal NMFOG communications until we meet.”

Rogers is one of 24 members of FOG’s board of directors.

I recently argued in a commentary that, for the sake of FOG’s integrity, Rogers’ tenure on the board must end. That’s because, I wrote, his recent actions “helped create the appearance that the Martinez administration’s controversial contract with the Downs at Albuquerque was an insider deal.”

From that column:

“This is what the Downs deal looks like: A company that gave lots of money to Republican Gov. Susana Martinez’s 2010 campaign won a state contract after hiring a GOP insider (Rogers) who was communicating privately about the contract, before it was awarded, with people close to Martinez.”

Coverage of Rogers’ interaction with people close to Martinez has continued. Today, the Santa Fe Reporter published two articles that you can read here and here.

Rogers, as I wrote in my column, “ is an excellent sunshine lawyer who is a past president of the N.M. Foundation for Open Government (FOG), a current board member, and a 2004 recipient of the organization’s Dixon Award for fighting for open government.” He’s also the Republican National committeeman for New Mexico and a former general counsel for the state GOP.

For disclosure, this site is an annual donor to FOG.

ched macquigg11:08 July 20, 2012

Juan Carlos Holmes,
 
I have compiled my allegations against Kent Walz in a post dedicated to the issue;
http://ched-macquigg.blogspot.com/2012/07/accusing-kent-walz.html

durablebrad01:46 July 20, 2012

IN REPLY TO JUAN CARLOS HOLMES:

Seventh Judicial District Attorney Clint Wellborn has refused to prosecute former Truth or Consequences City Manager Jaime Aguilera (yes, that Jaime Aguilera) even after evidence from the New Mexico Department of Finance and Administration, and the official FY2009 Audit prepared by Fierro & Fierro, P. A. of Las Cruces, both proved that Mr. Aguilera had violated several sections of the New Mexico State Procurement Code.

The price overruns created by Aguilera’s flawed bidding process on this project ended up costing local taxpayers hundreds of thousands of dollars. In total, the purchase and completion of a 2,500 square foot modular building as a tangible asset, which is now utilized as the Truth or Consequences Municipal Court Building ended up costing almost $400,000. Further details regarding change orders might actually lead to evidence of further costs overruns, but those particular public records have either been destroyed, or are being withheld by key local officials and other contractors involved with the project. 

Furthermore, the New Mexico Governmental Conduct Act is completely within the jurisdiction of the New Mexico Attorney General’s Government Accountability Division. The actions which have been reported to Attorney General Gary King since 2009, involve evidence of conspiracy to withhold and/or destroy public records, violate  the civil rights and freedom of speech of multiple citizens, the false arrest of one person and intimidation of several others attempting to present relevant sworn testimony during a public hearing, and multiple cases of elected and/or appointed public officials and their family members whom have directly benefitted financially decisions of local government agencies with which they were intimately involved. 

When the District Attorney of jurisdiction won’t even go after Jaime Aguilera, then whom exactly is it that one should turn to in order to obtain assistance in ending a culture of governmental corruption in rural New Mexico?

ched macquigg22:08 July 19, 2012

Juan Carlos Holmes.
 
I have attempted to answer your question about the problem with Kent Walz, but my response has been censored.
 
Heath is concerned about reckless allegations being made on the backside of his blog.  I of course, don’t think the allegations are reckless at all.  In an event, if you are interested, you can read them on my blog; http://ched-macquigg.blogspot.com/2010/10/brooks-accepts-esquivelwalz-hipocrisy.html

Qui Tam14:28 July 19, 2012

durablebrad – a very interesting observation of Attorney General Gary King. I believe he is the male version of Mary Herrera. And to the detriment of the people, as long as the criminals know they won’t be prosecuted they most certainly will continue with their fraud, theft, and other victimizing activities.

GFA14:25 July 19, 2012

Juan Carlos: I was piggy-backing on Ched Macquigg’s comment, but mainly to make a point that NMFOG should be just that and should ensure their members adhere to their mission and philosophy for open government and transparency.

Juan Carlos Holmes13:32 July 19, 2012

Er, brad, have you spoken to the Sierra Country DA?  They have original jurisdiction in the case you describe, not the AG’s office.  Yes, the AG is welcome to get involved, but they’re probably not your first best resort in that situation.

durablebrad12:00 July 19, 2012

Not unlike Attorney General Gary King, the New Mexico Foundation for Open Governmemnt (NMFOG) has quite a bit of ground to cover. The main difference between these two watchdogs (besides the fact that NMFOG is a completely private agency with absolutely no legal powers) is that NMFOG regularly weighs in on attempts to violate the Inspection of Public Records Act (IPRA) when clear evidence is brought to their attention. That is not the experience I have had with the Office of Attorney General King.

A pro se lawsuit in Sierra County, involving the refusal of the City of Truth or Consequences to produce public records involved in three separate IPRA requests was recently settled out of court to the tune of $80,000. NMFOG took an active interest on behalf of the plaintiff, and even attempted to convince the City of Truth or Consequences to comply, but to no avail. 

Since 2008, Attorney General King’s office has been provided with adeqaute evidence of a clear pattern of spoliation and obfuscation by this particular municipality, and yet not a single prosecution has been launched against multiple public officials involved in filing perjurious affadvits, violating the New Mexico State Procurement Code, and a host of other criminal activities.

Yes, NMFOG may have some minor issues, but at least their agency is actually taking meaningful action rather than merely seeking election to higher office.      

Juan Carlos Holmes11:30 July 19, 2012

Mr. MacQuigg:
 
And what is exactly is the problem with Kent?  I may fervently disagree with his politics, but he is a strong advocate of government transparency with a history of action to suit his words.  Indeed, I would say much the same about Pat Rogers (politics included) prior to this point, and while I think that this matter requires him to step aside for the good of the organization, I also think that he still has a great deal to contribute – just not on the board of FOG.
 
GFA:
 
If that were the case, would they really be considering whether or not Mr. Rogers’ should retain position?

GFA09:44 July 19, 2012

Maybe “FOG” should stand for Foundation for Obsure Government.
 

new_direction_201008:00 July 19, 2012

Power corrupts and absolute power corrupts absolutely….Pat needs to resign.

ched macquigg07:15 July 19, 2012

I have to wonder if Marty Esquivel and Kent Walz are going to sit in judgement on the propriety of Rogers’ continued presence on the Board.  They should be sitting next to Rogers, not across from him.

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