Code Enforcement Response Letter – 29 October 2021

The Honorable
Mayor Ken Miyagishima
City of Las Cruces
700 N Main
Las Cruces, NM
88001

29 October 2021

Dr. Dave Salisbury Ph.D.
1805 E Idaho Ave
Las Cruces, NM
88001

Subject: Unequal Treatment Before the Law, Code Enforcement, and Staff Incompetence and Unreliability

Dear Mayor,

On 19 October 2021, Officer S. Chavez (#C438) drafted a letter to me complaining that my property was somehow in violation of Las Cruces Municipal Code Section 18-2(1).  Which according to the website linked, states the following:

Noxious weeds and other rank vegetation.”

Item 1:  What is a “noxious weed,” how does one identify “rank vegetation?”  The municipal code is vague and unclear.  This means that the code enforcement officer is left to use their own opinion, opening the doors to authoritarian interpretation and the abuse of the taxpayer in the application of the municipal code.  I have some deep and abiding concerns.

Item 2:  The letter was dated 19 October 2021, but the postmark from the stamp machine is dated 25 October 2021, and the US Postal Service delivered this notification to me on 28 October 2021.  These dates are important for several reasons.  Please note, I was mandated to comply with the authoritarian and opinionated code enforcement officer’s interpretation of the municipal code by 31 October 2021.

  1. Why did Officer Chavez (#C438) sit on the letter for six days before stamping it and dropping it in the mail?
  2. I asked this exact question of Officer Chavez (#C438) and received three separate and distinct excuses, and then was “offered” an extension of the deadline without asking for it. Alerting me to the fact that Officer Chavez (#C438) knew he had done wrong, knew he had been busted, and knew he needed a plausible excuse.  This is a clear indication of Officer Chavez (#C438) being incompetent and unreliable.
  3. When I called his supervisor on 28 October 2021, I left a message; I identified myself, left my number, and left an expectation for a callback. Officer Chavez (#C438) identified the supervisor as simply “Roach, like the bug.”  Alerting me to another problem, a lack of respect for authority in the code enforcement offices.  I have some concerns; if the officers do not respect each other and their supervisors, how can they respect the law, the municipal codes they are expected to enforce, the taxpayers, and themselves?
  4. 0815 – 29 October 2021, I called dispatch and asked for Roach’s supervisor, as I refuse to play phone tag. If “Roach” will not meet a taxpayer’s expectation or make it a priority to call that taxpayer the following day, then it is time to speak to a higher power.  More than an hour later, “Roach” calls me.  By the way, I am still expecting a callback from “Roach’s” supervisor.  Who is that, and when is that call going to transpire?  The dispatcher did not know and could not tell me.
  5. For the record, who is “Roach?” What is his title?  What is his full name?  None of which were provided when “Roach” called me.  By “Roach’s” call, I have now introduced myself three times to the Code Enforcement Officers, and still, “Roach” proceeds to call me not by my name.  Indicating disrespect is endemic in the City of Las Cruces Code Enforcement Department, and there is a severe lack of leadership on top of the problems with unreliability and incompetence.  Where is the training of these officers coming from, and who is modeling this execrable behavior?
  6. When I asked “Roach” the question, “Why did Officer Chavez (#C438) sit on the notification letter for 6-days?” he proclaimed he did not understand what I was saying, chose to become offended that I was trying to explain, and claimed I was berating and belittling him. “Roach” actively refused to listen, preferring to listen to the voices in his head instead of the taxpayer voicing legitimate concerns about being abused by his staff.  Are we sure “Roach” is a supervisor?

Let me pause here and clarify a few points.  I possess more than 20 years of experience as an industrial and organizational psychologist.  I have worked in many different roles across the United States, including government, the private sector, and non-profits.  I have been in crisis management, led teams in emergency response, enforced legislation, and much more.  My jobs often see me needing to evaluate and observe, quickly make conclusions, and then develop action plans to generate positive results in a timely and efficient manner.  I am very good at my job!  I am a data analyst, a project manager, and hold an MBA in global management specializing in human resources, a master’s in adult education and training, with deep experience in eLearning design and delivery, and am writing my dissertation to complete my Ph.D. in industrial and organizational psychology.

I have seen incompetence and unreliability in people many times and in many places.  The experience witnessed over the last two days at the hands of the “Code Enforcement Officers” for the City of Las Cruces leaves me mentally breathless, and my blood is boiling.  There is no excuse for this unprofessionalism, lack of respect, and the refusal to apply the law equally and appropriately answer simple questions from taxpayers!

Item 3:  When I drive through my neighborhood, my yard is desert and is in no way, shape, or form less or better than my neighbors.  How many of my neighbors received code enforcement letters for their yards?  If the answer is none, then the law was not equally applied, and the officers involved need discipline for being selective in their application of the law and enforcement of the municipal code.  Suppose the answer is all of my neighbors. In that case, the code enforcement officers need to visit the neighborhood and explain precisely to everyone what specifically the code means by “Noxious weeds and other rank vegetation.”  The same vegetation growing in my yard is found in the desert surrounding Las Cruces.

Item 4:  The vegetation in my yard was left alone intentionally because the birds had been eating the seeds.  I prefer to see the birds as I am allergic to cats and dogs.  Since I cannot have a pet, and the vegetation had pretty flowers and had a valuable purpose of feeding butterflies and birds, I am still at a loss as to which of the vegetation is considered, “Noxious weeds and other rank vegetation.”

Item 5:  The time delay of Officer Chavez (#C438) cost me more than $1500 and worsened my injuries that were sustained in US Military service.  I am a 90% disabled veteran, and the stress of having to comply due to the refusal to notify taxpayers timely meant I could not hire anyone to help, nor could I obtain assistance from friends.  Thus, I had to perform the work myself, causing me significant injury over the 5-hours I was performing the yard work.  I take serious umbrage at the time-lapse in the notification from Officer Chavez (#C438) and his unreliability, and incompetence which need immediately rectified and resolved to my satisfaction.  Officer Chavez’s (#C438) actions were unconstitutional and potentially criminal.

I expect a prompt and timely response as a taxpayer.  Please note that a copy of this letter is posted to my blog and found at this link to promote governmental transparency.  Thank you for your time in this affair.

Sincerely,

Dr. M. Dave Salisbury Ph.D.
I/O Psychologist
US Army/US Navy Veteran

MDS/mds

CC: City Councilor Gabriel Vasquez

Session Title:  Able, Not Disabled, Not Differently-Abled

Introduction:  The following are my notes delivered at a global conference for disability inclusion held 27 October 2021 regarding how to improve disability inclusion in the workplace.

Description:  Increasing abilities by removing boundaries, discussing paths forward in ability inclusion, and building upon the great work Amazon and several other companies have done in pioneering disability inclusion in the workplace.

Welcome to a discussion on abled, not disabled, not differently-abled!  I am glad you’re here!  I am Dr. Dave Salisbury; I look to complete my Ph.D. in industrial and organizational psychology by April 2022; if you would like to participate in my dissertation, don’t hesitate to contact me outside this forum for more information.  I possess an MBA in global management specializing in human resource management, a master’s in adult education design and training, and have been a business consultant since 2004.  I am a dual-service US Army/US Navy disabled veteran.

My intent today is to help break down barriers so we can be comfortable around each other.  So comfortable that we can share jokes about my disability, we can look past the twitches, the spasms, and the stutters and find common interests.  Disability inclusion is precisely this, the inclusion into society of those with disabilities to the point that we do not see the disability, we do not recognize the handicaps, and we can then work in an atmosphere of ability.

I have several disabilities, most stemming from injuries sustained in military service; some include my voice, some include neurological issues, others are physical and mental.  Regardless, as these injuries have increased in severity, my professional intent began to be recognized for my abilities, talents, skills, knowledge, and potential, not for my disabilities.  Yet, I am often seen only as a disabled person or worse, a “token” disabled person filling a slot that another person could be occupying.  I ran into this thinking in the Federal government, New Mexico State, Bernalillo County, and Albuquerque City government hiring practices as recently as 2019.

Earlier in my professional life as a disabled person, I was told not to be thinking of myself as disabled but as “differently-abled.”  I am not differently-abled!  Differently-abled draws lines and limitations; it separates people and places boxes on potential.  Worse, it allows for the continued breeding of an “us against them” mentality, which breeds hostility and counterproductive beliefs.  Thus, I refuse to be differently-abled.  I do not particularly appreciate being classified as disabled either.

Please allow me to digress for a moment.  The transitive verb “dis” means to show disrespect, insult, or criticize.  As a prefix, “dis” is defined as the opposite of something, depriving someone of something, excluding someone, or expelling someone.  Thus, a disabled person is either being disrespected, insulted, or criticized, deprived, excluded, expelled or is the opposite of able.  Frankly, I believe that when we are made aware of the etymology of words, we are then more aware of why people choose to adopt or not adopt certain words and labels.  I repeat, only for emphasis, I do NOT particularly appreciate being classified as disabled, for I AM able!

Words and labels should not be the focus of our attention and efforts.  I prefer handicapped to disabled based on the etymology, even though I don’t particularly appreciate being considered handicapped.  A handicap can refer to a disadvantage in task completion, physical or mental disabilities, and can intentionally place a person at a disadvantage; there’s that “dis” again rearing it’s disrespect, insults, criticism, deprivation, exclusion, and expulsion.  Please, let’s stop focusing on word games and plastic phrases; instead, let’s invest efforts in finding solutions to existing problems.

How big is the problem of word focus; in the past few weeks, there have been several email chains based solely on a person’s word choice preferences.  I would venture to presume that not a single person intended to cause insult or denigrate a community member by using or not using a specific word, phrase, title, verb, adjective, etc. in describing a person or population in the community.  Yet, people chose to take offense, and others rushed in to ameliorate the feelings of the one choosing to be offended at a word.  Bringing up a fundamental aspect in disability inclusion, individual responsibility, accountability, or self-rule.

I am able!  I take a little more time, need a couple of extra breaks, and use additional technology and equipment to complete tasks.  I possess skills, talents, experiences, and knowledge valuable to situations, teams, and companies.  I bring to the table unique perceptions, insights, and benchmarkable skills worthy of consideration.  I bring formal and informal education and experience that is invaluable and immeasurably useful as an asset to the organization.  I am all this long before we ever discuss my physical and mental concerns or disabilities.

My first priority is my personal safety and security; my first job is to look out for myself.  Monitor what I am carrying, how far I must take it, doors, elevators, paths for egression in emergencies, methods for being warned, and what I can and cannot do.  For example, as COVID-19 began, I knew I could not wear a mask and asked about those of us who could not wear a mask.  I saw the confusion on faces. I witnessed the policy shifts, the harassments, the legal segregations, and suffered legal abuse and discrimination for not wearing a mask.  I realize that eventually, my injuries will require my independence to be curtailed, and I will become more dependent.  As such, I have to monitor what I can and cannot do constantly and clearly describe this to those I work with.  The same should be true and expected of all people regardless of handicap or level of ability.  Individual responsibility for safety, security, and health does not end just because they enter a building and should be stressed as a regular aspect of workplace safety.

Amazon has performed incredible work and is one of the few companies that has done pioneering work leading to real success in disability inclusion on a global scale.  The question before us is where and how do we build upon this work to improve the culture and potential of all employees, regardless of ability, in all industries and businesses, based upon the pioneering work of Amazon.  I believe the following action items can be the building blocks to successfully enhance the inclusion of people of all abilities, talents, skills, and knowledge.  I will revisit these questions when we get to the discussion portion; please consider these points.

  1. Conflict is good, beneficial, and a tool that is useful for building people, teams, and businesses. Douglas Malloch wrote a timeless poem, “Good Timber,” which is the quintessential discussion on why and how conflict is good.  Let us embrace conflict as the tool it is for improving people.  A handout is available for further consideration on these topics, and all bullets discussed, with reference materials for additional research if you desire.  Please send me an email if you would like these materials.
  2. Leadership begins with followership; followership begins with being lifelong learners, learning requires opportunities to teach, teaching is a prerequisite to learning, and learning requires the ability to lead and apply. – These are merely starting points to understanding. They are facts.
        • Do we encourage delegation and learning through experience?
        • Do we embrace failure as a tool for lifelong learning?
        • Leadership is not a title; leadership is first an attitude, then an action, and finally a method of learning and teaching. How do we apply these truths in daily activities?
        • Leadership as an attitude is witnessed in good followership, even when our followers practice loyal opposition; are we embracing the loyal opposition? Do we know how to recognize the loyal opposition?
  3. Flexibility and agility require open minds. Open minds need varieties in opinions, politics, beliefs, religions, and so much more.  Open minds begin with lifelong learning!  Lifelong learning requires self-reflection. – Again, we find fundamental truths, simply explained and expounded.  How are we embracing these truths in daily practice?  What actions are we supporting in the workplace to showcase support to and openness to variety in thinking and commitment to lifelong learning?
        • What book did you just read?
        • Did you share that book, recommending it to whom?
        • Were you excited about the book?
        • When was the last time you self-reflected?
  4. Do you believe?
  5. How will you act tomorrow?

Are there activities I cannot engage in?  Yes.  To my disappointment and chagrin, there are many activities I can no longer engage in.  Stairs are a tremendous activity I have to avoid; yes, this includes sidewalk curbs.  Standing and sitting for long periods have to be monitored and curtailed.  Walking is another activity I have to be conscious of and monitor closely.  I regularly mistake how long I have sat or walked and wind up in trouble breathing, or my legs give out from exhaustion.  But, I should not have to get into some vast dramatic affair just because my abilities are curtailed physically or mentally.  COVID-19 hit, I cannot wear a mask due to breathing issues; the mask mandates have been so embarrassing and challenging while also being segregationist, separatist, and legally expensive.  Why are disabled people still challenged on their disabilities when we are already disrespected, insulted, criticized, deprived, excluded, and expelled for merely being less physically and mentally able?

Ask yourself this question, “When I see a maskless person, do I condemn them first or think maybe they have a reason?”  That single decision is the key to the choice between building people and building disability thinking!  I do not need your answer voiced; please consider your response now and think about when you will witness a maskless person the next time.

Has anyone taken a look at the processes for obtaining work accommodations?  A work adjustment for a disability?  A mask exemption?  With all the differences in abilities, one would think the process would be straightforward to understand.  Yet, the opposite is often the truth because we refuse to embrace that we are all able and are programmed to first separate into able and dis-(disrespected, insulted, criticized, deprived, excluded, expelled)- abled.

The last two questions are not included for any reason other than to spark a conversation inside you.  Do you believe in a difference existing between disabled people and non-disabled people?  What will you do differently today and tomorrow to reflect your belief structure?

I learned a long time ago everyone has a disability, a blind spot, an issue they keep hidden from the world.  Sometimes it is a missing eye, an arm, a leg, an embarrassing laugh, depression, anxiety, trauma, childhood abuse, adult abuse, the list is endless.  Yet, some of those “blind spots” are more severe and become listed as “disabilities.”  The government stepped in to classify people, draw lines of segregation and separation, which did a lot of harm to people of all abilities.  I met a man recently who lost several fingers and partially lost several other fingers.  His lost and partial fingers never came up in conversation.  His abilities as a typist were terrific, and his talents on several musical instruments were extraordinary, but his missing and partial fingers were non-topics!  As a point of fact, I did not notice the fingers until I shook his hand in congratulations for his accomplishments.

Drawing lines, classifications, separations, segregation, it never works.  Until we can look past, work past, and choose to live past the disability, we will never be equally able, and everyone suffers.  What keeps disabled people from being able; our choices.  What keeps able people from working together; our choices.  See the connection; how we choose is the single greatest determining factor in moving forward as an individual, a team, a group, and a company.  We choose to either be abled or disabled.  We choose to allow our comfort zone to define us or not to define us.  We choose to work together first or separate each other first.

Often a person lacking an ability due to misfortune of some kind will develop and magnify other abilities, an often-overlooked advantage to their value because seeing past their loss has become a lost art of possibility and consideration.  In other words, our humanity needs restoration.  Those who do not have a fulness of ability know the realities of unreasonable and unfair judgment rather than the realities of potential and are thus prevented from entering the world of abilities and possibilities by the much too often impenetrable establishment of discrimination.  We can lift people from where we are and change the paradigm of ability and advancement to a higher level of accomplishment and respect.  We can do this!  Do you believe?

How will we act tomorrow?  A similar question was posed by Brian “The Brain” Johnson in the movie “The Breakfast Club,” and new attitudes, new thinking, and new potential were born.  Are we willing to see past the outside wrapping, shun society’s labels, and choose a different path forward through action, learning, leadership, and healthy conflict?

Let’s discuss!

    • Conflict is good, beneficial, and a tool that is useful for building people, teams, and businesses. Douglas Malloch wrote a timeless poem, “Good Timber,” which is the quintessential discussion on why and how conflict is good.  Let us embrace conflict as the tool it is for improving people.  A handout is available for further consideration on this topic and all bullets discussed, with reference materials for additional research on these topics if you desire.
    • Leadership begins with followership; followership begins with being lifelong learners, learning requires opportunities to teach, teaching is a prerequisite to learning, and learning requires the ability to lead and apply. – These are merely starting points to understanding. They are facts.
            1. Do we encourage delegation and learning through experience?
            2. Do we embrace failure as a tool for lifelong learning?
            3. Leadership is not a title; leadership is first an attitude, then an action, and finally a method of learning and teaching. How do we apply these truths in daily activities?
            4. Leadership as an attitude is witnessed in good followership, even when our followers practice loyal opposition; are we embracing the loyal opposition? Do we know how to recognize the loyal opposition?
      • Flexibility and agility require open minds. Open minds need varieties in opinions, politics, beliefs, religions, and so much more.  Open minds begin with lifelong learning!  Lifelong learning requires self-reflection. – Again, we find fundamental truths, simply explained and expounded.  How are we embracing these truths in daily practice?  What actions are we supporting in the workplace to showcase support to and openness to variety in thinking and commitment to lifelong learning?
            1. What book did you just read?
            2. Did you share that book, recommending it to whom?
            3. Were you excited about the book?
            4. When was the last time you self-reflected?
      • Do you believe?
      • How will you act tomorrow?

Additional Questions, Comments, Concerns, feel free to reach out to me via email or chime.  Thank you!

© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.