STATE OF NEW MEXICO SEVENTH JUDICIAL DISTRICT COUNTY OF SIERRA STATE OF NEW MEXICO, ex rel.

DEBORAH TOOMEY, an individual, Plaintiff, No. D-0721-CV2009-98 vs. HON. WILLIAM SANCHEZ CITY OF TRUTH OR CONSEQUENCES, et al., Defendants.

AFFIDAVIT OF BRADLEY GROWER COMES NOW Bradley Grower and states as follows: 1. From August of 2009 until December of 2011, I was a resident of the

City of Truth or Consequences, New Mexico. 2. During that period of time I made regular IPRA requests to City for

information regarding the affairs of government and the official acts of public officers and employees. (14-2-5 NMSA 1978) 3. It has been my experience that employees of the City of Truth or

Consequences deny the existences of public records in order to obscure certain

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actions of local government from scrutiny by both citizens and members of the official press. The failure to honor the public policy of New Mexico is not simply a singular action by a rogue employee, but has been clearly demonstrated to be a cultural attribute of City, and an unofficial policy in regards to certain records. 4. An anonymous source acting on behalf of an unknown employee

within the Truth or Consequences Police Department informed me of an illegal gun sale conducted in June of 2010. The source claimed that Police Chief Gallagher had been warned, but had knowingly violated statutory law. 5. The information initially requested to verify this story was withheld in

violation of IPRA, with multiple replies from City stating no such records exist. The corroboration of the auctioneer who conducted the gun sale clearly demonstrated otherwise, so I continued to pursue these public records even while being subjected to intimidation by local police with multiple threats of arrest. 6. In August of 2011, after members of the mainstream media began

making similar IPRA requests, the documents necessary to verify the facts of this story were finally made available. In other words, records once claimed by City not to exist were now admitted to exist more than 6 weeks following the initial request. 7. While I could provide examples of more than a dozen IPRA requests

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that were not responded to in a timely and forthright manner by City, I have never chosen to file enforcement actions. Due to workplace discrimination against my partner, an employee of City of Truth or Consequences, and continued threats of arrest and police harassment, we have since chosen to move out of state. I affirm under penalty of perjury under the laws of the State of New Mexico and Arizona that the foregoing is true and correct.

DATED: January 10, 2012

CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the AFFIDAVIT OF BRADLEY GROWER was personally faxed on January 11, 2012, addressed to: Jay Rubin (VIA FAX) Attorney for Defendants 575-894-3282

DATED: January 11, 2012

______________________________ DEBORAH L. TOOMEY, Pro se 7010 Phoenix Ave NE, #518 Albuquerque NM 87110 Phone: (505) 315-8503 Fax: (505) 214-5771

AFFIDAVIT OF BRADLEY GROWER Toomey v. City of Truth or Consequences D-0721-CV2009-98

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