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Updated: Thursday, 26 Jan 2012, 9:38 AM MST
Published : Thursday, 26 Jan 2012, 8:33 AM MST
SANTA FE (KRQE) - The showdown heard round the roundhouse; Democratic Representative Sheryl Williams Stapleton confronting Republican Representative Nora Espinoza and accusing her of “Carrying the Mexican’s water on the fourth floor”; a reference to the Governor.
The December exchange was caught on camera, but News 13’s request to see it was denied, until Wednesday.
“Don't you think the public has a right to see this camera and what this camera caught?” Reporter Alex Tomlin asked Legislative Council Services Director, Raul Burciaga.
He responded, “We reserve the right to say that this is not a public record.”
This whole thing started after a News 13 Larry Barker investigation revealed Stapleton bilked taxpayers out of tens of thousand of dollars by pocketing her APS salary while she was at the roundhouse serving in the legislature. That was a violation of APS policy until Superintendent Winston Brooks changed the rules for Stapleton.
Espinoza did an interview with News 13 calling for an investigation into APS and Brooks for changing the rules.
Here's what she said,” We need to call this what it is. Corruption is corruption.”
That led to the roundhouse confrontation. News 13 would love to show you the video of the three minute showdown, but Burciaga doesn't want you to see it.
He did show it to News 13 because of an outstanding public records request we filed; and after some prodding from attorneys. But he maintains the video isn't public.
“So who pays for that camera?” Tomlin asked Burciaga.
“The security system is part of the operation of the Legislative Council Services and that's part of state general fund,” he said.
“So that would be taxpayers right?” asked Tomlin. Burciaga shook his head in agreement.
Then Tomlin asked Burciaga, “And who pays for the representatives to be there?”
“That's also the taxpayers,” said Burciaga.
Tomlin then asked, “And who pays for your job?”
“Taxpayers,” responded Burciaga.
“So why deny them seeing this video?” asked Tomlin.
Burciaga said, “There are exceptions under the inspection of Public Records Act.”
The video is from a education committee meeting; which had just broken for lunch.
Here’s what’s on that video, Stapleton sees Espinoza coming out of the back room with her lunch and goes straight for her. Stapelton grabs the side of the table and Espinoza leans in. The next thing you see Stapleton whips her finger towards the back door; which is one way to go to the Governor's office. Espinoza throws up her arm and sits back you can see Stapleton point several more times on the video, she finally then just walks away.
It isn't earth shattering but you can definably tell there's a riff between the two lawmakers.
Sarah Welsh with the foundation for open government also has a problem with the video being kept from taxpayers.
“Our concern was never what was on that tape that we saw today,” said Welsh. “Our concern was always that anybody should be able to see a public record if they want for any reason.”
She said Burciaga's claim that the representatives were on a lunch break and not doing public businesses is ridiculous, “So we are talking about cameras that are paid for with taxpayer money, operated by public employees in a public building. I think that clearly relates to public business.”
She also said his claim that releasing the video would be a security issue doesn't pass muster. Not to mention that the cameras in that room aren't hidden.
“The video is not there to document any public business, it's there for safety, security and law enforcement,” said Burciaga.
“What's the difference between us seeing it and everyone seeing it?” asked Tomlin. “What’s the difference for you?”
Burciaga responded, “The difference is that i believe this is part of a broader security system.”
Representative Espinoza told News 13 Wednesday she hasn't seen the video, but would have no problem with it being released. Representative Stapleton never called us back.
News 13 has decided to continue to fight the legislature's decision not to release the video. KRQE Newsd 13 will keep you updated.
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