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

Juneteenth and Critical Race Theory: A Head Scratching Conundrum!

QuestionI fully admit, every time “Juneteenth” comes around, I have to look up the word and the history to make sure someone is not pulling my leg.  For those like me, Juneteenth is the celebration of the emancipation of slaves in Texas from 19 June 1865.  Apparently, President Biden just made the day an Official U.S. Holiday, the first since Martin Luther King Day in the early 1980s.  There are times I feel like, for all the work I invest in knowing what is happening, I am still living under a rock.

Included at the bottom of this article are references to the source materials and knowledge gleaned.  Unless explicitly linked, the references below can support both my questions and my conclusions.  Feel free to expand your mind and read; be warned, though, once your mind expands, it can never go back!

The historical celebrations of Juneteenth included prayer, new clothes, hymn singing, and expressions of gratitude regarding being made free.  A celebration of freedom by slaves in America also included food.  I have never seen race; plain and simple truth!  Your choice of race is your business; how you act and live is more important than race, culture, creed, religion, handicap, and gender to me.  While working on my MBA degree, I was introduced to two concepts, critical race theory and the fact that the United Nations claims race and culture are a conscious choice.

WhyIf the United Nations can claim that a person’s race is a choice, then I am an American.  I am not distinguished by color, several colors, or even my history.  As a point of reference, America was set up that way for a reason; it releases people from bondage to not be judged by their family, their financial circumstances, historical tribal connections, color, or any other line of separation.  When America as a “Melting Pot” was described to me in school, I cheered because it meant I am not the sum of my family’s actions!

Then along comes Critical Race Theory, and my mind took a sudden jolt.  Critical Race Theory is a loosely organized intellectual movement based upon a shaky legal framework and premise claiming that race is not a natural, biological, or physical distinction separating subgroups of humans.  The intellectualists embrace Critical Race Theory and attempt to make race a sociological invention to oppress other people.  They further adhere to an almost religious belief that America is inherently racist, especially to African Americans.

Question 3Here is where my brain disconnects, the questions asked are honest, and I would appreciate dialog without emotion to attempt to answer the following questions:

    1. If the United Nations is correct, and race is a choice, how does Critical Race Theory have any followers and adherents?
        • Since race is my personal choice, I can be any race I choose, regardless of skin tones, speech, mannerisms, etc. How can anyone claim to be oppressed by another race?
        • How can race be an issue if race is a sociological construct?
        • Under the Rule of Law, there is no distinction of race. The lady of law has a blindfold for a reason, so she cannot judge by sight, only by hearing, and weigh the results on the scale.  Where is the legal justification for Critical Race Theory?
    2. Is Juneteenth a celebration just for black people? If so, doesn’t this upend the Critical Race Theorists?  If not, then what is Juneteenth historically?
        • If Juneteenth is a celebration of liberty, why did we need another holiday when the 4th of July celebrates freedom?
        • When considering people’s kept as slaves across history, race becomes an interesting variable if race is not a choice but a biological, physical, and method of sub-grouping humans. Africa has seen a lot of periods where one tribe conquers another, and the conquered became slaves.  The same pattern has been witnessed across all the different tribes, countries, and human species throughout world history.  Does this mean that Critical Race Theory was just proven invalid as a concept?
    3. If Juneteenth is a holiday only for those emancipated from slavery, does this mean others cannot celebrate humans ending forced servitude?Bob Marley
    4. Why is Critical Race Theory all about black oppression? Didn’t the American Indians have it much worse than black people in early-American history?  Where is the holiday for the American Indians being freed from reservations, empowered, and promoted as a distinct culture worthy of respect and study?
        • Wait, if the United Nations’ supposition is true, that culture and race are a choice, does this mean that the laws against and for American Indians are now in question and under doubt?
        • What about other indigenous tribes across the world facing brutal oppression? Are those laws invalid due to the United Nations or due to Critical Race Theory?
        • Which minority groups are “more equal” and “deserving” than other minority groups under the Critical Race Theory? Why the distinction if race is a choice and not a biological, physical, or cultural tribal distinction in human sub-groups?
    5. Since the American Indians owned slaves, why are the Critical Race Theorists attacking white people only?
        • If the United Nations is correct, then those purporting to be Critical Race Theorists are broadcasting their ignorance by adhering to a group that pushes a lie about race being a factor, right?Commit

I need to understand something, and history, as well as archeology, supports the following:

“White slavery pre-dates black slavery in America. This fact has been verified by forensic evidence from archaeological digs and historical documents uncovered by contemporary scholars, including Don Jordan and Michael Walsh in White Cargo (New York University Press: 2009).”

The stories behind white slavery, indentured servitude, and other means of conveying the purchase and abuse of people are incredibly heartbreaking.  What man has done to their fellow man through all of recorded history is appalling.  Trying to further that oppression through Critical Race Theory is despicable on a level I can not describe.  Yet, what do we see, Critical Race Theorists doing precisely that, getting a person to choose a race, then choose to allow themselves to be victimized and oppressed because of their choice to join a culture, tribe, or race.

Knowledge Check!Hence, my conundrum!  If we accept that race, culture, creed, and religion are choices made by humans without compulsory means, what is Critical Race Theory talking about and preaching?  If we refuse the belief that race, tribe, and culture are not choices, then we still have a logical disconnect between Critical Race Theorists and the history of civilization.  The Critical Race Theorists seem to be missing the forest for the bark they are stuck seeing.  Unfortunately, I still do not understand most holidays, since I prefer to work than rest, I do not need to know to understand the holiday, just save me some food.

Slavery References

Davis, J.B. “Slavery in the Cherokee Nation.”
Chronicles of Oklahoma, Vol. 11, No. 4. December 1993.

Gates Jr., Henry Louis. “Did Black People Own Slaves?”
The Root. 4 March 2013.

Gates Jr., Henry Louis. “How Many Slaves Landed in the U.S.?”
The Root. 6 January 2014.

Hall, Kermit L. The Oxford Companion to American Law.
New York: Oxford University Press USA, 2002. ISBN 0-195-08878-6.

Halliburton Jr., R. “Free Black Owners of Slaves: A Reappraisal of the Woodson Thesis.”
The South Carolina Historical Magazine, Vol. 76, No. 3. July 1975.

Johnson, Michael P., and Roark, James L. Black Masters: A Free Family of Color in the Old South.
New York: W. W. Norton, 1986. ISBN 0-393-30314-4.

Mintz, Steven. African-American Voices: A Documentary Reader, 1619-1877.
New York: John Wiley & Sons, 2009. ISBN 1-444-31077-1.

Rodriguez, Junius P. The Historical Encyclopedia of World Slavery.
Santa Barbara: ABC-CLIO, 1997. ISBN 0-874-36885-5.

Russell, John Henderson. The Free Negro in Virginia, 1619-1865.
Baltimore: Johns Hopkins Press, 1913. ISBN 1-480-03049-X.

Walton, Hanes and Smith, Robert C. American Politics and the African American Quest for Universal Freedom.
London: Routledge, 2015. ISBN 1-317-35045-6.

Critical Race Theory Reference

Crenshaw, K., Gotanda, N., Peller, G., & Thomas, K. (1995). Critical race theory. The Key Writings that Formed the Movement. New York, 276-291.

Delgado, R., & Stefancic, J. (2017). Critical race theory: An introduction (3rd ed.). NYU Press.

Juneteenth References

Donovan, A., & De Bres, K. (2006). Foods of freedom: Juneteenth as a culinary tourist attraction. Tourism Review International, 9(4), 379-389.

Ellison, R. (2021). Juneteenth. Modern Library.

Taylor, C. A. (2002). Juneteenth: A celebration of freedom. Open Hand Publishing, LLC.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.