Can We Make Political Leaders Behave?

How do we investigate and discipline public figures?

Some do very shady things. Some get hit by vicious but unfounded allegations. Obviously we need fair and competent investigations. 

Thus we appoint a special prosecutor for Donald Trump. We reasonably fear that the Department of Justice or the FBI, whose bosses Mr. Trump can fire, will not be completely impartial.

That process yielded Robert Mueller. A Republican. A decorated war veteran. A former FBI Director with such a stellar record for fairness and toughness that knowledgeable people from both sides of the aisle essentially said, “Wow!”

Mueller seems to be working carefully and quietly. Unlike Mr. Trump, he keeps his mouth shut. He hasn't said whether or not the investigation will bear fruit.

Trump acts as if he's scared silly by what Mueller may uncover. Some Republicans who praised the choice of Mueller are now attacking him. Trump decided to fire him (as he fired FBI director James Comey for investigating Trump's Russia connections) but reportedly backed off when his lawyer, Don McGahn, said he'd resign if Trump insisted. Trump fans in Congress concocted from a couple of snide emails by an FBI investigator (immediately fired by Mueller) the idea that the FBI was conspiring to perpetrate a coup. Facts quickly exploded that conspiracy theory.

Whatever's scaring Trump, he hopes to keep it hidden by eliminating Mueller.

Closer to home, Undersheriff Ken Roberts committed sexual harassment (even crimes) against a female subordinate. He entered her office knowing she was alone, closed the door, sat uninvited on her lap, and ground his butt into her. An investigator sustained the charge. Roberts, in the wimpiest testimony imaginable, reportedly said he “couldn't recall” the event but that the lady “would have no reason to lie.” How could you fail to recall whether or not you'd done such a thing?

Roberts's conduct was criminal. In New Mexico, “Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner.” The felony of “false imprisonment consists of intentionally confining or restraining another person without [her] consent and with knowledge that he has no lawful authority to do so.” As I recall the jury instructions, I think Roberts was guilty of that too.

Sheriff Kiki Vigil, a biased judge at best, merely suspended Roberts for ten days and required Roberts to attend classes that would teach him his conduct was wrong. (Roberts, who's plenty smart, surely knew that already!) Frightened, the victim immediately obtained from court a temporary restraining order against Roberts. (What of the others who've complained?)

Vigil has tried to fire people over far less serious allegations. And sacked the previous undersheriff for no known offenses. Roberts, a disastrous undersheriff, has cost the county or its insurers plenty of money and may cost us more with his misconduct toward female employees. (He already got us into one lawsuit based on his apparent carelessness in dealing with a black employee.)

Vigil and Roberts are a continuing embarrassment to a wonderful county. (As Trump is a continuing embarrassment to a damned fine country!) As deputies flee an already short-handed department, Vigil endangers public safety. His litigiousness and mismanagement endanger our public purse.

Vigil faces two challengers in the Democratic Primary: Eddie Lerma, who served as undersheriff to three sheriffs, including Vigil; and Kim Stewart, an investigator who probably has better credentials than Vigil had for sheriff.

                                                       -30-

[The above column appeared this morning, Sunday, 4 February 2018, in the Las Cruces Sun-News, as well as on the newspaper's website and KRWG's website.  During the week a spoken version will air on KRWG and on KTAL 101.5 FM.]

[AND THIS JUST IN, . . . The Las Cruces Women's March and other organizations have announced a Dona Ana County "Time’s Up" Protest/Rally Against Harassment scheduled for Tuesday, February 13, 2018 at 8 a.m. at County headquarters, 845 North Motel Boulevard.

The organizers say "The purpose is to advocate for change in the culture of harassment, intimidation, and abuse in the County.  The County Commission needs to stand up against these unacceptable behaviors, revise related policies, and strengthen support for safe and respectful work environments.  Bring appropriate, respectful signs or banners.  (If you enter the Commission meeting that begins at 9:00 am, leave your signs/banners in your vehicle.)
By the way, I've added some of the organizers to the guest-list for my radio show, "Speak Up, Las Cruces!", this coming Wednesday on KTAL-LP - 101.5 FM.  They'll be on from 8:30 or 8:45 to the end of the hour.   Earlier, we'll have Jimmy Zabriskie on at 8 to discuss local plants and trees and the new Tree Steward program at the City; County Public Information Officer Jess Williams will be with us very briefly just after 8:30 to hit the highlights of what's going on in county government; and from 9-10, a discussion of Iran with Ali Scoten and Yosef Lapid.]

[In addition to the situations discussed in the column, County Commissioner John Vasquez's intemperate and sometimes bizarre Facebook posts, insulting constituents and apparently making up some odd and inaccurate story about the mother of one constituent he doesn't like, have drawn strong criticism.  I'd initially intended to include something about that in the column.  

I understand their concern.  There were several nights (a few months ago) when he posted multiple Facebook posts about me that were more offensive than anything I've seen quoted in the paper. (They were mostly after 8 p.m., while posts the next morning were civil, sometimes even friendly.) I made no report. I thought it was funny. Some posts were somewhat nutty. I figured it was his problem, not mine.  I also probably responded with posts criticizing him or making fun of his spelling or whatever.  Or inviting him to be a guest on my radio show to talk about his criticisms of me.   

But my tolerance doesn't mean other community members have no right to complain that such treatment by a county commissioner is offensive and wrong. It's not a crime, but county policies forbid conduct that embarrasses the county.  “ _____”

That applies to commissioners. Vasquez's conduct fits. Certain commissioners quickly invoked that provision to punish employees who they thought spoke discourteously to Commissioner Solis during public input at a meeting.

Those employees' language was far less colorful than John's.  I think the Commission should have quietly and informally warned him that his conduct appeared to violate county policy, and that continuing it could get him formally warned or censured.

Before his election I thought John Vasquez a bright and promising candidate.  I understood that he had some problems, but thought he fully understood that too and was dealing appropriately with them.  Since his election, he's done some odd things and some good things.  I think he'd do better not to post a bunch of silly and abusive stuff on Facebook, agree that it undermines his credibility and arguably the commission's, but do not put his Facebook foolishness in quite the category of what former County Treasurer Gutierrez did or what Vigil and Roberts are doing to DASO and the people who work there.]    

[As to DASO, . . . it needs work.  By the way, I'm trying to schedule the candidates for County Sheriff, including Mr. Vigil, on the radio show.  Eddie Lerma will be a guest Wednesday, February 14, Kim Stewart has agreed to appear but we haven't specifically scheduled that yet; and I have calls in to Mr. Vigil.]