On Monday, November 12, 2018, Mayor Tim Keller met with Albuquerque Journal editors and reporters to tell them of the city’s plans to cancel the contract with Build Your Dreams (BYD) and return all the 60-foot electric buses manufactured and delivered for the disastrous ART Bus Project.

The day after his meeting with the Journal editors, Mayor Keller held a press conference to tell the public and explain his decision.

You can read the full article here:

https://www.abqjournal.com/1246094/abq-rejecting-all-byd-art-buses-switching-to-non-electric.html

The ART Bus project has been delayed for well over a full year after it was dedicated operational back in November, 2017 by former Mayor Richard Berry.

Mayor Keller announced that the city has retained the services of private Albuquerque law firm Sanchez, Mowrer and Desiderio, PA to represent the city in the dispute with BYD.

The major principles in the private law firm are former New Mexico Speaker of the House Raymond D. Sanchez, attorney Frederick M. Mowrer who is also an attorney who represents the police union at times and former UNM Law School Dean Robert J. Desiderio, who sent the demand letter, all of whom are respected within the legal community and who have extensive litigation and trial experience.

The registered demand letter is dated November 13, 2018, the same day as the press conference, and was sent to BYD demanding that the manufacturer take possession of the buses and the chargers by November 30, 2018.

The demand letter also put BYD on notice that the city intends to seek “damages, costs, attorney fees and any relief to which it is legally entitled to” under the law.

You can read the demand letter here:

https://www.cabq.gov/mayor/documents/byd-notice-of-rejection-nov-13-2018.pdf

Mayor Keller last month during a press conference gave an update on the ART Bus project and reported the problems with the buses.

The problems with the buses include:

1. The center and rear brakes had zero air pressure, yet the 60-foot-long articulated buses were able to move, meaning that the center and rear axle brakes were not working and the buses were relying on their front brakes alone.
2. Rear doors would open during bus operation without any action by the driver.
3. The buses have air conditioning outages.
4. Bolts flying off doors were reported
5. The electric buses do not have the required range on a full battery charge and the bus manufacturer still has not provided the extra charging stations.

Other problems reported by city officials include:

1. The lack of undercarriage protection.
2. Buses that wouldn’t stop when emergency doors were utilized.
3. Cracking on bus exteriors.
4. Mirrors not set up correctly.
5. Wiring problems and electrical system problems.
6. The handicap electric chair lock becoming unsecured when the driver turns on the air conditioner.

WEAK BATTERIES WITH A LITIGATION THREAT

The biggest problem associated with the electric ART buses relate to the batteries.

The electric buses delivered are supposed to operate for 275 miles, but city officials found the buses cannot go more than 177 miles before they need recharging.

The batteries are stacked in a metal shelf and when overheated could cause a fire.

Keller elaborated on the problems with the bus batteries by saying:

“We believe there’s not even close to adequate fire protection [when it comes to the batteries]. Right now, it would vent right in the middle of the bus and we would not be able to pull those out. They’re already heating up so they can’t take a charge. They’re not properly [stored] or cooled.”

BYD also has failed to construct additional charging stations on the Central Avenue route promised as part of an agreement with the city some months ago to address the problem with battery life.

Director of ABQ Ride Bernie Toon had this to say:

“We find that the fixes [from BYD] are half-measures, … There’s a class of issues that are ‘phantom electric issues’ that are incredibly difficult to fix because you have to literally start taking the bus apart to do it. You keep finding more [electric] problems.”

BYD has missed deadlines for delivery of all the buses initially slated for October 2017 and promised to fix the problems identified with those already delivered.

Lawrence Rael, the city’s Chief Operating Officer, had this to say about cancelling the bus contract:

“The mechanical pieces and issues we now find with the operation of the equipment are part of a long series of missed deadlines and missed issues with a company that I think have driven us to the point where we are today.”

According to Keller, going with another manufacturer means at least 18 months for delivery.

Keller said the whole matter may very well wind up in court with the city suing and had this to say:

“We’re no longer going to be guinea pigs [for BYD] anymore … Obviously, we very concerned about what we’ve been put through as a city by BYD, … I think down the road, we’re interested in being fairly compensated for what we have been misled on these buses.”

Keller revealed that the city has been actively looking for another bus manufacturer and the city has reserved “slots” for 15 new, non-electric buses from a “well established American company that makes buses all the time.”

The entire ART Bus Project cost taxpayers approximately $135 million when associated utility and road work on Central Avenue is included.

The $135 million does not include the closure of successful businesses along central because of ART construction and the destruction of the character of Route 66.

The City has finally been paid $75 million by the Federal Transit Administration’s (FTA) Small Starts Program for the project and $14 million in federal funds designated to reimburse expenses related to construction on Central Avenue.

According to Chief Operations Officer Lawrence Rael, the federal funding that the city has received for the project is not in danger, with the exception of about $6 million specifically earmarked for the purchase of electric buses.

Rael reported that the Federal Transportation Administration will work with the city, depending on what technology the city ultimately decides to order from another manufacturer.

COMMENTARY AND ANALYSIS

The fact that Mayor Keller met with the Albuquerque Journal editors the day before he announced his plans to the public to pull the plug on the bus contract reflects that Keller read the Albuquerque Journal’s November 6, 2018 editorial entitled “Halloweens Over But ART Woes Still Haunting Albuquerque”.

You can read the Journal editorial here:

https://www.abqjournal.com/1242312/halloweens-over-but-art-woes-still-haunting-abq.html

Keller obviously felt he needed the blessing from the Albuquerque Journal editors on his decision because he knows ART was promoted by the Albuquerque Journal from the very beginning and it was the legacy project of their ultimate favored Republican Mayor Berry.

On July 13, 2016, then Mayor Richard Berry said the buses being purchased from BYD for the ART bus project would be electric and powered by batteries, not diesel, a move Berry said would save money and reduce pollution.

Berry also proclaimed that “electric vehicles are the way of the future.”

According to Berry, the BYD bus purchase would put Albuquerque in position to be the first city in the country to operate a fleet of 60-foot-long electric buses.

Berry proudly proclaimed the BYD electric buses would give the city’s bus rapid transit system a chance to earn a coveted gold environmental rating that no other rapid ride transportation system in the United State had at the time.

Berry proclaimed Albuquerque would have a chance to be the first city with 60-foot electric buses and said:

“I’m a fiscal conservative … This is a fiscally conservative decision. It’s a proven technology … I’m very comfortable with this.”

You can read the full Albuquerque Journal article here:

https://www.abqjournal.com/806990/electric-buses-to-be-used-for-art.html

Fast forward two and a half years later to November 12, 2018, and Mayor Tim Keller discredited Berry’s claim of “proven technology” when he said:

“No one will make an electric bus to our specifications because they say it’s not possible. … No other company will do it. There’s no option for electric. We’ll go with a version of clean diesel or gas, then we’ll look to phase in electric once the technology catches up.”

So much for “electric vehicles are the way of the future” while 16 ART Buses sit parked in a city lot.

Now the city will have to wait upwards of 18 months for a new bus order to arrive.

I suspect, giving the time it will take to order new buses and to manufacture the buses and for a manufacturer to get through any backlog of orders, no matter what slots the city feels it has secured, you’re probably looking at least 3 years before the buses are running along Central.

In three years, it will be 2021 and another election year for Mayor Keller if in fact he seeks reelection as anticipated.

In the meantime, the constructed platforms along the middle of Central will continue to go unused, deteriorate and probably be vandalized with graffiti.

It’s the stubbornness of city hall that never ceases to amaze me.

It’s the stubbornness of elected leaders who are reluctant to admit when they are wrong and make hard decisions when they know the truth and what should be done but they fail to act.

The Albuquerque City Council went along with this boondoggle and refused to place it on the ballot for voter approval, cramming it down voter’s throats and allocating millions.

The Albuquerque City Council has essentially stepped back and said nothing about the project for a full year while Keller flops around like a fish out of water trying to salvage the project.

Keller admitted two months after he was sworn into office on December 1, 2017, that the project was “a bit of a lemon”, but still wasted a full year of his first term trying to salvage the project to help save face for his predecessor.

https://www.petedinelli.com/2018/01/10/this-project-is-a-bit-of-a-lemon/

Keller’s threat of litigation after almost a full year in office seems very weak, seeing as he has known from day one the problems with the project and did little other than giving monthly reports and lip service to the Federal Transportation Administration (FTA) to secure funds promised for the project.

Keller should have instructed the City Attorney to file litigation for breach of contract, breach of warranties, misrepresentations and perhaps for Unfair Trade Practices.

https://www.petedinelli.com/2018/06/11/give-art-work-to-city-attorney-nm-attorney-general-and-district-attorney/

Keller has also refused to try and find any viable alternatives for the project, at least until now, and that is only looking for a new bus manufacturer.

https://www.petedinelli.com/2018/01/22/mayor-keller-should-scrap-art-bus-project-and-find-alternatives/

Keller knew how bad things were with ART, but refused to act decisively to mitigate the city’s damages and in doing so he too will have to be held accountable for a very bad project.

Keller is still stuck in a pile of dung left by his predecessor to clean up that will no doubt cost more with litigation costs and just may cost him a few votes because of his failure to act decisively once he was sworn into office.

Too bad, it did not have to be this way.

For more blog articles on ART see:

Dinelli Blog Articles On ART Bus Project Listed

Larry Ahrens is a longtime radio talk show host that graced New Mexico airwaves in the mornings for 30 plus years.

Mr. Ahrens is acutely tuned into the pulse of New Mexico politics because of his years in the radio business in New Mexico.

Larry and I are on clearly on opposite sides of the political spectrum, but we have also gotten along, we are friends, we have known each other for decades and we have always been able to have what I believe are productive political discussions.

One week after the 2018 midterms, Larry Ahrens offered his thoughts on the “blue wave” in New Mexico and what it may mean for our economic future in the age of Donald Trump.

PREFACE FROM LARRY AHRENS:

When I wrote this, I approached it from genuine concern about our economic future in New Mexico. We’re a state that depends quite heavily on government dollars. This is not a criticism of the voters of New Mexico. Voters really don’t think about these kinds of situations when they cast their ballots. This also not a partisan complaint about the results of the election. The slate of candidates on both sides were lacking a certain amount of experience and influence in Washington DC. But this is where we find ourselves today and I’m concerned.

TITLE: PRAY FOR NEW MEXICO

The people have spoken. The election has turned New Mexico from a Blue State to a Deep Blue State. The Democrats are rightfully delighted and they deserve to spike the football and do a dance in the end zone after the win. Like all New Mexicans I hope for good things to come. But I’ve also heard from several of my Democrat friends that this is their way of sticking it to President Trump. OK fine. But be very, very careful what you wish for.

It goes without saying that President Trump plays hardball. He rewards his friends and vanquishes his enemies. The man is tough and he knows the score.

This is the part that gets rather ominous. It’s uncomfortable to write this.
New Mexico is now politically powerless to prevent significant Federal closures of military bases and perhaps one or both of our national labs.

We are sitting ducks.

The President has already asked his cabinet to find at least 5% savings in all parts of government. All it would take is one phone call by the President to Defense Secretary Mattis who would order him to reassign the mission of Cannon AFB in Clovis or Holloman AFB in Alamogordo and send those military assignments to bases in Texas or Florida. That would happen so fast it would make heads spin. Or reassign Kirtland AFB to North Dakota, Arizona or somewhere else [friendlier] to Trump. The economic impact of any of those bases closing would be dramatic in our state. Maybe the word cataclysmic would better describe it.

How about our national labs? Sandia and Los Alamos are lifeblood to the economies in Albuquerque and the Santa Fe area. It’s not too far of a reach to imagine the mission of LANL being absorbed by our national lab facility in Oak Ridge, Tennessee – a much friendlier Trump state. Same for Sandia National Laboratory.

Here’s a real Doomsday scenario – both Kirtland AFB and Sandia Lab get notice to close by the Feds and are assigned elsewhere. That move would literally break the economic back of Albuquerque for many years to come. It would affect every single aspect of local business and drive down property values in a big way.

Who’s going to stop it?

With this election New Mexico placed two freshmen Democrats into the House of Representatives. Both new members are well advertised as anti-Trump people. The other Democrat member Rep. Ben Ray Lujan is the same guy that was chairman of the committee coordinating the Democrats fundraising and recruiting efforts to unseat Republicans in Congress. I don’t believe Rep. Lujan will be invited over to the White House for lunch anytime soon.

Then there’s the U. S. Senate. New Mexico just re-elected Senator Martin Heinrich. Not exactly the most influential guy in DC. Truth be told Sen. Heinrich is not regarded by his Senate peers as someone very effective or even likeable. Also, the Senator is a virulent anti-Trump politician. Same is said about our other Senator Tom Udall. Not remarkable and vocal anti-Trump. If you don’t think President Trump hasn’t noticed then maybe I could interest you in buying the Montano bridge?

New Mexico no longer has a man like Sen. Pete Domenici to protect the Federal installations. We no longer have the all-star talent that fended off the closure of Kirtland AFB many years ago with the BRAC hearings. Those men and women have long since retired, left NM or have passed away.

New Mexicans are proud people. We like it when our state gets noticed or becomes famous for something. I hear the phrase all the time “That will put New Mexico on the map!” Well we’re on the map alright. We’re the big blue state in the middle of several red states on Trump’s map. He doesn’t need us. Our state is chump change in any reelection scenario he has. Don’t be surprised to see Federal dollars start draining away from our big blue anti-Trump state. President Trump rewards his friends (Texas, Florida, Tennessee etc.) and vanquishes his detractors.

See that image in your mind of a dollar bill with wings flying away? Over the next months and years that’s what New Mexico could likely experience. Federal dollars flying away to other states that are far friendlier to the current administration. It’s not going to be pretty.

POSTSCRIPT

Larry Ahrens has announced he is returning to radio after being retired for a few years.

His new show will be called “Coffee and Conversation” and it will be heard mornings 7 to 9 am on KDAZ Radio and simulcast on KCHF TV.

The target start date is January 7, 2019.

Stay tuned New Mexico!

The New Mexico Judicial Performance Evaluation Commission (JPEC) is a taxpayer and State funded Commission created by the New Mexico Supreme Court supposedly to improve the performance of all state judges.

In the 1980’s, Judicial Reform was initiated to get politics out the Judiciary with an appointment, election and retention election system of judges and impose strict requirements on the campaigns for Judges and the fund-raising activities of judicial candidates.

In 1997, the JPEC was established after the New Mexico Judiciary went from a system of strict partisan elections to a “hybrid” system of one partisan election followed by retention elections.

Once a judge is appointed or where elected first in a partisan race by 50% plus one of the vote, that judge faces a retention vote for subsequent terms and must garner 57% of the vote to be retained.

Any Judge who does not secure a “YES” vote from 57% of those voting on their retention are removed from office and the Governor then appoints a judge to fill the vacancy.

To fill court vacancies, the Judicial Selection Commission interviews candidates and submits a list of names to the Governor for appointment of one of the finalists.

The appointed judge must run in the next general election in a partisan race.

The JPEC does far more than just evaluate judge performance.

The JPEC issues recommendations that it publishes to voters for retention.

2018 MIDTERM ELECTIONS OF METROPOLITAN COURT JUDGES

During the 2018 midterm election, all 18 Metropolitan Court Judges were up for retention.

The JPEC did its customary confidential surveys to licensed attorneys, court jurors and others who interact with the Metro court and then published its recommendations to retain or not retain.

A story also ran in the Albuquerque Journal on the JPEC results of the survey that make recommendations to vote “YES” to retain or vote “NO” on retention.

You can read the Albuquerque Journal story here:

https://www.abqjournal.com/1220805/commission-recommends-four-metro-court-judges-lose-their-seats.html

What is not reported in the Albuquerque Journal article is that confidential sources have said that only 1,000 surveys were sent out on the Metro Judges and that only 60 surveys were actually returned to the JPEC calling into serious doubt the credibility of the survey.

Further, confidential sources report that the JPEC spent $300,000 in taxpayer money to hire a professional pollster, do the survey and publish the “results” and recommendation to the voting public.

The JPEC recommended to voters that of the 18 judges up for retention, people should vote “YES” to retain 14 of those judges and vote “NO” to not to retain 4 judges.

Of the Metro Judges that were up for retention, all the judges the JPEC recommended vote “YES” to retain easily received the required 57% of the vote to keep their jobs for another four-year term.

Of the four judges who received “do not retain” recommendations this year, Bernalillo County Metropolitan Court Chief Judge Edward Benavidez and Judge Kenny Montoya failed to garner the 57 percent of votes required to stay on the bench, while Judge Linda Rogers and Judge Michelle Castillo Dowler kept their jobs by very slim margins above the 57% mark.

Presiding Judge Edward Benavidez received 103,815 “YES” votes to be retained or 55.3% and 83,905 “NO” votes not to retain or 44.7%

Metro Judge Kenny Montoya received 103,519 “YES” votes to be retained or 55% and 82, 201 “NO” votes not to retain or 44.56%

When asked if the JPEC evaluation had an impact on his retention, Bernalillo County Metropolitan Court Chief Judge Edward Benavidez had this to say:

“They absolutely have an impact on retention elections … they admit it themselves. … There’s no questioning that when they come out with ‘do not retains’ for whoever the judge is, it has a direct impact on their voting numbers. … [the JPEC] meddled in, interfered with and absolutely affected [my retention] … JPEC uses state money to openly and actively campaign against those judges they subjectively decide to give a ‘do not retain’ recommendation to … Whenever judges have to go to their interviews [before the JPEC] everybody’s like on pins and needles because this has such an impact. … If you upset [the JPEC] … , things can go against you and it’s gonna cost you your job.”

Brian Sanderoff, president of Research & Polling Inc., said the JPEC evaluations do have an impact on retentions and that review of past elections show that a judge who is recommended for retention by JPEC on average receives 13% more YES votes than those whom the commission recommends a “NO” vote.

According to Sanderoff, those recommended for retention received an average of 69.5% “YES”votes.

https://www.abqjournal.com/1244187/judge-commission-evaluations-impact-retention.html

THE JUDICIAL PERFORMANCE EVALUATION COMMISSION

In 1997, The New Mexico Judicial Performance Evaluation Commission (JPEC) was created by the Supreme Court of New Mexico to improve the performance of judges and provide useful, credible information to voters on judges standing for retention.

https://nmjpec.org/en/

The JPEC is supposedly a nonpartisan volunteer commission.

The JPEC is made of up 15 individuals, 7 lawyers and 8 non-lawyers, who are appointed to staggered terms by the Supreme Court of New Mexico and who are from all over the State of New Mexico.

Commission members are selected from nominations by the Governor, Chief Justice of the Supreme Court, Speaker of the House, President Pro Tempore, House Minority Leader, Senate Minority Leader and President of the State Bar.

Members are appointed to represent divergent professions, backgrounds and geographical areas of the state.

Members go through an approval process and agree to donate a significant amount of time to evaluate judges midway through their terms in office as well as when they are standing for retention.

https://nmjpec.org/en/staff/jpec-commissioners

All New Mexico Court Judges at all levels are initially elected in partisan elections to full terms and then after serving the term, they must go before voters thereafter for retention to serve another term.

Every election cycle where Judges appear on the ballot, the JPEC evaluates judges by sending out a confidential survey to all licensed attorneys who grade the Judges and the Commission then rates the judges and recommends to voters who they should retain.

JPEC evaluates judges in five major areas:

1. Legal ability
2. Fairness
3. Communication skills
4. Preparation and
5. Temperament and control over proceedings

To perform the evaluations, the JPEC distributes confidential surveys to licensed attorneys, court jurors and others who interact with the court.

The commission also interviews the judges, reviews statistics from the Administrative Office of the Courts and sends observers into the courtroom.

New Mexico judges who are up for retention must receive approval from 57% of voters to keep their seat on the bench and not the 50% plus one required in contested partisan.

The JPEC posts all their results and recommendations to vote “YES” to retain or vote “NO” to retain on its web site.

Historically, judges who JPEC recommends not be retained receive about 12% fewer votes than judges who are recommended for retention.

COMMENTARY AND ANALYSIS

The Bernalillo County Metropolitan Court is often referred to as the “people’s court” and it is a court of “limited jurisdiction.”

Without question, the Metropolitan Court is the busiest court in the State of New Mexico, literally handling hundreds of thousands of cases a year.

There are 18 Metropolitan Court Judges with each carrying crushing caseloads.

According to the JPEC evaluations, both Presiding Judge Edward Benavidez and Judge Kenny Montoya received relatively low retention recommendations from attorneys who were surveyed.

Both Judges received low ratings in categories including exercising sound legal reasoning and being knowledgeable regarding substantive law.

PRESIDING METRO JUDGE EDWARD BENAVIDEZ

Metro Judge Edward Benavidez has served on the Metro bench for 10 years and has been elected and then retained in the past.

Presiding Judge Benavidez has served as Metropolitan Court Chief Judge since May of 2017, overseeing the court’s $27 million budget and 300 employees.

Judge Benavidez has presided over DWI Recovery Court for the last four years.

Of the 335 offenders who graduated from the program, only 13 have re-offended, which is an astonishing success rate.

As Chief Presiding Judge, a target was put on Judge Benavides back for removal when he ran afoul of defense attorneys and JPEC because he set bonds for defendants, he felt are a danger or flight risk.

Judge Benavidez has a 94 percent affirmation rate on appeal while also maintaining the highest case clearance rate in Metro Court, all while juggling his duties as presiding Judge.

https://www.abqjournal.com/1236297/voters-should-keep-all-18-metro-judges-on-the-bench.html

METRO JUDGE KENNY MONTOYA

Metro Judge Kenny Montoya is the former Adjutant General of the New Mexico National Guard, has been a Metro Court judge for four years.

Judge Kenny Montoya is also a former Bernalillo County Assistant District Attorney.

Judge Montoya presides over the Outreach Specialty Court, which tries to get homeless defendants on the right path, and he’s helping with the new substance use and treatment options program.

Of those surveyed about whether Montoya should be retained, 88 percent of court staff, more than 80 percent of police officers and resource staff and 63 percent of attorneys said he should.

Still, JPEC said the attorneys surveyed gave him lower ratings in exercising sound legal reasoning and being knowledgeable regarding law and rules of procedure and evidence.

Once again, a target was placed on Judge Montoya’s back for removal because defense attorneys were not happy with him because he made some defendants post bond, particularly when evidenced showed they are a danger.

https://www.abqjournal.com/1236297/voters-should-keep-all-18-metro-judges-on-the-bench.html

EVALUATING THE EVALUATORS

When you review the names of all the members of the JPEC, it is not at all likely that anyone of them, or perhaps maybe one or two at the most, have ever even stepped into the Bernalillo County Metro Court.

All too often, certain segments of the New Mexico Bar, court personnel who work for them or police officers who appear before them, target and disparage Metro Judges because they do not like the Metro Judge’s rulings or personal treatment and want the Judicial Performance Evaluation Commission to make a negative recommendation at election time.

As practicing attorney for over 40 years, including 7 years as a Workers Compensation Judge, I have seen first hand how lawyers and parties can react and even carry a grudge when they disagree with a ruling.

During my 7 years as a Workers Compensation Judge, I had the lowest disqualification rate of the Judges and a 97% affirmance rate by the Court of Appeals.

The JPEC recommendation have a definite impact on any Metro Judge’s chances for retention.

All State of New Mexico Judges are strictly prohibited by the Code of Judicial Conduct from holding any elected or appointed positions in political parties.

All State Judges are strictly prohibited from endorsing any candidate for office and cannot solicit donations for elections.

Candidates running for Judge must have a confidential finance committee set up to raise money for them, the committee is prevented from disclosing to the judicial candidate names of donors to prevent the Judges from knowing who donated to their campaigns to avoid the appearance and accusation of giving preferential treatment in decisions rendered.

A Judge is also prevented by the Code of Judicial Conduct from making “extrajudicial comments” to the media or groups that may reflect on their fairness and impartiality.

Judges are prohibited from defending their decisions and sentencings and their job performance in a public forum outside of their courtrooms so criticizing judges is like “shooting fish” in a barrel.

What was not disclosed by the JPEC was that only 60 of the 1,000 surveys were returned and the JPEC and it spent $300,000 to do the survey and then publish the results without allowing the Judges to comment or dispute the results on the JPEC web page.

Once the Judicial Performance Evaluation Commission issues its ratings, there is virtually very little or no recourse for any Judge to dispute the no retention recommendation given to them by the JPEC.

The JPEC does not give “equal time” on their web page to the Judges who are rated as would be the case at a debate on an incumbent candidate’s job performance.

The New Mexico Judicial Performance Evaluation Commission’s is suppose “to provide useful, credible information to voters on judges standing for retention”, yet there is nothing in great detail on its web page.

It is doubtful that confidential surveys from those who may have a personal axe to grind against any judge are much of a use to give a complete and accurate picture of any judge’s job performance everyday they are on the bench.

The New Mexico Judicial Performance Evaluation Commission wants voters to accept as gospel without challenge the recommendations they make on retention.

All the current Metro Judges by and large are all highly dedicated public servants performing the best they can to discharge their duties in a fair and impartial manner.

It is totally inappropriate for a government agency, funded with taxpayer money, to be telling people how to vote.

Elected officials working in other branches of government aren’t subjected to similar evaluations and that is what political elections are all about.

New Mexico just passed the creation of an ethics commission, and you have to wonder if it will get into the act of using state money to do evaluations of elected officials.

There has to be a better way for JPEC to seek removal of Judges for poor job performance than to go to voters with recommendation and removal should be done by the Supreme Court.

If there is indeed a problem with the job performance of any judge that would justify removal, the appropriate remedy would be an investigation by the Judicial Standards Commission and result in the Judge’s removal by the New Mexico Supreme Court.

Within 30 days, the Judicial Nominating Commission will select qualified candidates to recently Governor Michelle Lujan Grisham to be considered for appointment to fill the vacancies.

Both Judges Edward Benavidez and Kenny Montoya should apply for their jobs again and stand for election again in 2020 in a partisan race.

The JPEC is a threat to the independence of the Judiciary and the New Mexico Supreme Court should seek to abolish it.

At this point, the New Mexico Judicial Performance Evaluation Commission has become nothing more than a “political hit squad” that uses taxpayer money to actively campaign against Judges.

On Tuesday, November 6, 2018, the Albuquerque Journal published an editorial that was an about face regarding its 3-year support of the Albuquerque Rapid Transit Project bus project.

Following is the Journal editorial entitled “Halloweens over, but ART woes still haunting ABQ”:

“BYD bills itself as the undisputed leader in American electric-battery buses, its Build Your Dreams moniker evoking images of sleek, futuristic vehicles transporting the masses in a safe and environmentally friendly manner.

That might play on the brochures, but on the ground in Albuquerque a more fitting name for the company might be Build Your Nightmares – buses it built for the Duke City experienced brake failures and doors opening during operation.

BYD is the Chinese manufacturer behind the Albuquerque Rapid Transit project’s ill-fated electric bus fleet. The buses are manufactured at the company’s California-based North America plant.

Former Mayor Richard Berry’s ART project was supposed to transform Central Avenue into a rapid transit corridor with a nine-mile stretch of bus-only lanes and median bus stations.

Instead, Mayor Tim Keller inherited a B-horror movie, with buses that appear to be unsafe “at any speed.”

“We are not going to let these buses on our streets until we are 100 percent sure they’re safe,” Keller said last week. “And what the tests found is that, today, several of them are not.” And he means for riders or drivers. According to city officials:

• There have been door malfunctions; bolts began to fall off doors, and rear doors have opened during bus operation without any action by the driver.

• There have been brake failures; specifically, ABQ Ride mechanics discovered last month the center and rear brakes had zero air pressure, yet the bus was able to move, something that should never happen. “It means that the center and rear axle brakes were not working – the buses were relying on their front brakes alone,” said Bernie Toon, the city’s transit director.

• And there have been air conditioning outages.

BYD disputes the buses are unsafe, saying they have been built to strict Federal Motor Vehicle Safety Standards and passed FMVSS brake and all other testing required for revenue service.

Here’s betting that doesn’t include doors flying open at random and 60 feet of bus relying on one set of brakes.

This is the latest in a long string of we say/they say problems with the ART project in general and the buses in particular. The project is more than a year behind schedule and the city still doesn’t have all buses ordered, despite the fact they were to be delivered in 2017. Bus battery life has also been an issue.

Keller told reporters he’s running out of patience with BYD, and he’s not alone. The public is also fed up with this stalled project and BYD’s tired excuses. One drive down a completely configured Central Avenue – with motorists cruising in the “bus only” lanes – proves it.

It’s time for Keller and his administration to do a cost-benefit analysis and determine whether the city should sever ties with BYD, and what that alternative route would cost in time and money. Of course, such a move is a last resort – but we may be approaching that intersection.”

Below is the link to the Albuquerque Journal editorial:

https://www.abqjournal.com/1242312/halloweens-over-but-art-woes-still-haunting-abq.html

INSPECTOR GENERAL REPORT

One glaring omission from the Albuquerque Journal’s editorial was any mention of the City’s June 6, 2018 Inspector General (IG) Report on the ART Bus Project.

The entire Inspector General report can be read here:

https://drive.google.com/file/d/1fA-D6dk6lp3DZgQzQCWVEVbziQ2vXov/view

According to the Inspector General report, former Chief Operations Officer Michael Riordan “was adamant about having a bus transported to the City before the end of the Mayor Berry administration.”

An Albuquerque transit employee told the Inspector General that “core processes on manufacturing buses was altered to ensure delivery of the first bus by the deadline.”

The IG report described two city employees interviewed who recounted a “tense” and “unusual” phone call between then-city Chief Operating Officer Michael Riordan and top executives from the manufacturer.

According to the IG’s report the first bus delivered in August 2017, was assembled by the manufacturer using a “frame intended for buses being built for [another city’s transit authority].”

Frames intended for the Albuquerque’s buses had not yet been shipped nor received by the manufacturer.

The Inspector General found that the bus manufacturer used “parts and pieces” intended for another city’s buses for the first ART bus delivered.

The city employee further reported that the first bus was moved to whatever assembly station was available to ensure it was assembled in time in order to get it shipped to Albuquerque before Mayor Berry left office.

The last 4 sentences of the 72-page Inspector General’s findings and report is worth quoting relating fraudulent activity:

“The inspection was proactive in nature and not due to any allegations that were made. While this inspection didn’t identify instances of fraud, it is important to note that it doesn’t mean fraud did not occur. The inspection did identify several problems that offer opportunities to improve and could be vulnerabilities for fraudulent behavior. City leaders should consider the problems identified and recommendations made to develop a more efficient and stronger procurement process that will help prevent and deter fraud, while also ensuring more quality and confidence in the products and services that the taxpayer funds. This is essential to protecting the public’s trust.”

COMMENTARY AND ANALYSIS

It appears that the Albuquerque Journal Editors adopted more than a few thoughts and words from the November 2, 2018 blog article “Keller: New Art Buses Unsafe At Any Speed” especially when they said:

“[O]n the ground in Albuquerque a more fitting name for the company might be Build Your Nightmares. … Mayor Tim Keller inherited a B-horror movie, with buses that appear to be unsafe “at any speed.” … Keller told reporters he’s running out of patience with BYD. … It’s time for Keller and his administration to do a cost-benefit analysis and determine whether the city should sever ties with BYD”.

The November 2, 2018 blog article “Keller: New Art Buses Unsafe At Any Speed” contained the following COMMENTARY AND ANALYSIS:

“[On November 1, 2018] Mayor Keller proclaimed “I am running out of patience.”

Mayor Keller, it’s about time you lost all patience and probably way too late not to be held 100% responsible for this boondoggle that has destroyed Route 66 and been a major drag on your first year in office.

Mayor Tim Keller I suspect feels that the ART bus manufacture Build Your Dreams (BYD) should change its name to “Build Your Nightmares.”

For almost a full year, Mayor Keller and the Keller Administration have been working on resolving major issues with bus performance.

Within 6 weeks after taking office, Keller proclaimed the project “as bit of lemon” but pushed forward to try and salvage the project anyway.

https://www.petedinelli.com/2018/01/10/this-project-is-a-bit-of-a-lemon/

Two months after taking office, Mayor Keller was urged by many within the community to scrap the project and find alternatives, but he refused saying it would be too costly.

https://www.petedinelli.com/2018/01/22/mayor-keller-should-scrap-art-bus-project-and-find-alternatives/

In June of this year, Mayor Keller said the buses were like kids in a divorce where parents are fighting for who gets custody.

If a “divorce” is what Keller really wanted, he should have hired a good lawyer, filed suit and seek damages for breach of contract for all the delays and breach of warranties relating to the buses.

https://www.petedinelli.com/2018/06/04/want-a-divorce-hire-a-lawyer/

One question Mayor Keller was asked during the status conference is if any attempt will be made to hold former Mayor Richard Berry accountable for the ART Bus Project given that he rushed to have buses delivered to dedicate the project before he left office, a question Keller declined to answer.

In June of this year, after the Inspector General Report on the ART Project was released, Mayor Keller was urged turn the ART Bus project over to the City Attorney, the New Mexico Attorney General and the District Attorney, to investigate for criminal activity but Mayor Keller declined to make the referral.

https://www.petedinelli.com/2018/06/11/give-art-work-to-city-attorney-nm-attorney-general-and-district-attorney/

What is genuinely pathetic is that the Albuquerque City Council went along with this boondoggle and refused to put it on the ballot for a vote.”

https://www.petedinelli.com/2018/11/02/keller-new-art-buses-unsafe-at-any-speed/

CONCLUSION

After more than 3 years, the Albuquerque Journal came around to what most taxpayers have thought from day one: $130 million in taxpayer money has been spent on a “boondoggle” for a bus line that has destroyed the character of Route 66.

The 22 buses ordered represent only $25 million of the $130 million project.

The city has yet to pay for any of the buses, even those that have been delivered.

A breach of contract action by the city against the bus manufacture to sever ties and return the buses will not approach the real financial losses involved with the project to the city, let alone bring back those businesses along central that had to close all because of the construction.

What many taxpayers feel is that crimes occurred with the ART Bus project, but we will never know because no law enforcement agency has investigated it.

When Tim Keller was New State Auditor before becoming Mayor, he was a champion for accountability to stop waste, fraud and abuse of taxpayer money.

As State Auditor, Keller seemed never be reluctant to turn cases over to prosecuting agencies which garnered him much publicity, so his reluctance now he is Mayor to turn the City Audit and the ART Bus project to prosecuting agencies is very puzzling.

No matter what Mayor Keller says or does now, no matter what eventually happens with the ART Bus Project, it is now Mayor Keller’s lemon to own and be held responsible and accountable for given his reluctance to scrap the project and helping save face for his predecessor.

On November 7, 2018 Joe Monahan on his political blog “New Mexico Politics With Joe Monahan”, posted an excellent article summarizing the final outcome of the 2018 New Mexico midterms.

As usual, Mr. Monahan provides a number of revelations that only he is able to provide because of his news sources developed over 30 years in the business.

The link to the full blog is: http://joemonahansnewmexico.blogspot.com/

Following is Mr. Monahan’s November 7, 2018 blog article:

Wednesday, November 07, 2018

BernCo Tsunami Felt Statewide As Dems Sweep; Herrell Lone Bright Spot For R’s (Maybe!); Dem State House Pick Ups Could Reach 7; GOP Icons Fall; Anti-Trump Sentiment Sends Turnout Soaring; Possible MLG Staff Chief Floats; Udall Announces 2020 Re-elect; Ben Ray To Leadership?

A blue tsunami washed over Bernalillo County Tuesday night, flattening the Republican Party and making possible a Democratic sweep of every major statewide office. The damage was so thorough that it appeared Bernalillo County might have only one Republican state representative in Santa Fe at the next legislative session in January.

Swept away was Republican gubernatorial nominee Steve Pearce who lost BernCo 62 to 38 to Michelle Lujan Grisham and lost the state 57-43.

The two opponents of Senator Martin Heinrich never showed. He won a second term with 53 percent. Dem Deb Haaland managed 59 percent in a three way race to take the ABQ congressional seat.

All statewide results here: http://electionresults.sos.state.nm.us/default.aspx

BernCo results here: https://results.bernco.gov/

GOP state land commissioner candidate Pat Lyons was defeated by Dem Stephanie Garcia Richard 50 to 44 with 6 for a Libertarian candidate. She beat him in BernCo by over 35,000. It was the first ever defeat for Lyons, yet another sign of the Dem wave.

Republican foes of Attorney General Hector Balderas, State Auditor candidate Brian Colon and State Treasurer Tim Eichenberg were all overwhelmed as were the GOP opponents of four Democratic women seeking seats on the NM Court of Appeals. The ten member court will now have its most women members in history.

The only bright light for the GOP was an apparent close win–50-49 (as of 2 A.M. today) by southern GOP congressional candidate Yvette Herrell who closed out Democrat Xochitl Torres Small to emerge in a race that drew national interest and money.

Torres Small was not conceding as Herrell led by 2,000 votes because:

Dona Aña County had about 4,000 absentee ballots still to be counted. The absentee precinct board was to reconvene at 10 a.m. to continue the tabulation. In addition, there are another 4,000 votes that haven’t been added to the published results yet, for a total of 8,000 votes outstanding, officials said.

Looks like a wild finish. Just like the campaign. If Torres Small were to get 62.5 percent of this outstanding ballots she would take the lead in the race. The clerk’s office there has been plagued with scandal. Their decision to stop the count is going to raise suspicions among the R’s. Stay tuned.

AN EXISTENTIAL EVENT

The rout, which will see the Democrats gain as many as 7 seats in the state House, raised fundamental questions about the future of the NM GOP. Former ABQ GOP State Senator Diane Snyder, appearing on our KANW 89.1 FM election coverage, spoke for Republicans statewide as she declared;

We must simply find a way to figure out Bernalillo County.

The D landslide in BernCo was matched by ones in blue Santa and Taos counties. In Taos Lujan Grisham received a stunning 81 percent of the vote; in Santa Fe it was 79%.

It was this county troika that was deadly to the R’s and threatens to undermine them for years to come. The three counties are hardening into Democratic citadels akin to what we have seen in California and Oregon. And Dona Ana is not far behind.

Turnout soared, especially in BernCo where 57 percent of the registered voters came out–over 240,000. That is a shout away from what you get in presidential election years. The anti-Trump vote was galvanized, noted NM House Speaker Brian Egolf, as he surveyed the GOP carnage from his war room at the Hotel ABQ.

Several House seats appeared headed to recounts but the existential threat the R’s face in ABQ (and thus NM) was nowhere more evident than in the ABQ NE Heights seat of the late Republican Larry Larranaga. An 82 year old physician, Bill Pratt, was given little chance of winning but is now on his way to the Roundhouse, an affirmation that the blue creep in big BernCo is now overtaking territory once considered unassailable by Democratic assaults.

YOUNGBLOOD FALLS

ABQ GOP State Rep. Monica Youngblood thought she had a chance. She sent out a letter to her constituents apologizing for her aggravated DWI conviction. But the tsunami showed no mercy and she was drowned in a landslide by Dem foe Karen Bash, a 72 year old retired minister.

UNHEEDED CRIES

Cries for help were heard in other once conservative bastions but they went unheeded. Rep. James Dines fell along with longtime GOP icons Brad Winter and Jimmie Hall.

All were defeated by women who may now hold 31 of the 70 state House seats, a watershed moment in state politics. And the first Muslim ever elected to the state House engineer Abbas Akhil, who unexpectedly defeated Dines, will sit with them.

When all is said and done and in some cases recounted , the state House could go from a 38 to 32 majority to as much as 45 or 46. And it may not get better for a long, long time. The new Democratic Governor will be in her chair when legislative redistricting takes place in 2021.

Michael Lujan Grisham

The Governor-elect’s first order of business was to chastise her staff on statewide TV for not having her acceptance speech placed in the teleprompter. She yelled out for assistance but none was forthcoming so she told the crowd she would “speak from her heart.” She could have read from the telephone book and pleased the crowd, so delirious they were over her smashing victory.

She leaned on familiar themes–universal pre-K, renewable energy and teacher pay–to fill the time. The undelivered speech released to the media was actually quite similar to her ad libbed remarks. No news was made.

But the Alligators have news. They always do. So hold on.

LAWRENCE RAEL

A Senior Alligator reports to us the mystery over who will hold the powerful post of chief of staff to soon-to-be Governor Michelle Lujan Grisham may have an answer. That answer could be Lawrence Rael, a bureaucrat’s bureaucrat who has served as Chief Administrative Officer to several ABQ mayors and who is currently Chief Operating Officer for ABQ Mayor Mayor Tim Keller.

Rael is a native New Mexican who ran for the Dem Guv primary in 2014. The chief of staff position would put him directly in the orbit of the office that he has long thirsted for. He also has the administrative experience to run the day to day affairs of state government, a skill set not readily available on the Democratic bench.

Insiders say the transition of the new administration is still being fleshed out. The Governor-elect could begin by nominating cabinet appointees who could then lead the transition for their departments, but that’s just one scenario. A transition announcement is set for 2 p.m. today.

STEVE PEARCE

Pearce, 71, said in defeat that he is not ready for retirement. Well, he can always watch over his business interests, but as an elected official he is done. However, he will have a say on the future of the GOP because of Herrell’s election to the congressional sea.t Both are foes of the Gov. Martinez/Jay McCleskey wing of the party and will try to rebuild it in their image–not theirs.

For her part, Herrell, who is now the most prominent elected GOP official in the state had this to say:

It’s a good thing for the district that I like to talk. Because I am going to be talking about New Mexico shared values for the next two years.

“Shared values” seemed to be a call for unity by the pro-Trump Herrell. Will she moderate a tad in an attempt to lead the state GOP and in preparation for 2020? After all Xochitl appears ready to try again.

BEN RAY LUJAN

The Democrats reclaimed the US House Election Night and that means the star of NM Dem US Rep Ben Ray Lujan, chair of the Dem Congressional Campaign Committee, is shining brightly. Is a House leadership position in his future? Could be. Sources on the Hill say that the job of Assistant Democratic Leader could be vacated by Rep. Jim Clyburn paving the way for Nancy Pelosi to name Lujan to the job. Pelosi appears poised to retake the Speaker’s gavel.

SENATOR TOM UDALL

Udall stamped out the “not running” in 2020 rumors once and for all in an interview with me on KANW. He referenced our Monday blog in which we quoted insiders who said he was ready to run after months of rumors that he would not. Udall, 70, said those insiders have it right. He is off and running. The Dems lost power in the US Senate last night, but NM turned even deeper blue, making another Udall run an easier task. Truly a mixed night for him.

Reporting from Albuquerque, I’m Joe Monahan”

http://joemonahansnewmexico.blogspot.com/

POSTSCRIPT

I once again bow to Joe and say “I am not worthy, I am not worthy” when it comes to reporting on New Mexico politics in his world of “La Politica”.

Joe Monahan publishes reports on his blog 4 days a week, Monday through Thursday.

The link to New Mexico Politics with Joe Monahan is:

http://joemonahansnewmexico.blogspot.com/

You can also email Joe Monahan directly at his email address:

jmonahan@ix.netcom.com

The terms “above the fold” and “below the fold” is a reference to the middle of a newspaper page where the paper is “folded” for sale.

On Sunday, November 4, 2018 the Albuquerque Journal published a “guest editorial” submitted by Mayor Tim Keller on page A-17 and “below the fold.”

https://www.abqjournal.com/1241663/the-tide-is-turning-against-crime-in-albuquerque.html

Given the serious content of the letter, it merits publishing on this political blog for further commentary and anlysis:

TITLE: The Tide Is Turning Against Crime In Albuquerque
By Tim Keller / Mayor of Albuquerque
Sunday, November 4th, 2018

“When I ran for mayor of Albuquerque, I knew crime was the biggest challenge facing our city. Nearly a decade of rising crime took a toll and left many feeling unsafe and resigned, like we had lost our city.

On Day One, we took a stand and said this is unacceptable. My administration’s top priority is tackling crime from all sides. While we have a long road ahead, I am grateful to report that we are beginning to see signs of progress.

First, we got our own house in order. We brought on leaders with the experience and integrity to change the culture at the Albuquerque Police Department. Our new Chief of Police Michael Geier and team are committed to a block-by-block approach to constitutional community policing.

With the right leadership in place, APD began strategically tackling crime, empowering its officers to get back to the heart of policing: proactive enforcement like traffic stops and auto theft stings that lead to catching perpetrators of more violent crimes. Officers are connecting with communities on foot, on bicycle and through re-opened substations. We worked with businesses and neighborhoods to create the first permanent Downtown Public Safety District.

Under our administration, we’re committed to keeping the public informed, so we began releasing quarterly crime statistics. Though crime is still unacceptably high, for the first time in years trends are heading in the right direction compared to this time last year:

• Auto theft down 28 percent
• Auto burglary down 35 percent
• Commercial burglary down 18 percent
• Residential burglary down 14 percent
• Robbery down 39 percent

Some violent crimes have gone down but rates are still too high. For example, homicides are down 6 percent from last year, but last year was a record high. Also, our city experiences too many violent crimes tied to firearms, including a 14 percent rise in non-fatal shootings. In response, we doubled the number of homicide detectives and took advantage of gun ballistics tracking. Our police department is committed to taking allegations of sexual assault seriously and clearing the backlog of untested rape kits.

Addressing the underlying causes of crime, including addiction, behavioral health and a lack of opportunity is key for the long term. We have a comprehensive plan to address homelessness that includes maximizing investments in treatment, housing and mental health. We’re keeping kids out of trouble with expanded youth programs, and making parks and playgrounds safer through our SHARP program which properly disposes of used needles discarded in public places. Albuquerque Fire Rescue is stepping up with innovative public health initiatives and proactive prevention efforts.

I personally promised we would own police reform, and we are making significant progress. The latest monitoring report acknowledges the breadth of changes and commitment to finishing the job of meeting DOJ requirements. Our strategies must also reflect the needs and concerns of women, people of color and the LGBTQ+ community, and we continue to improve our police policies to reflect these perspectives.

All of these steps are bringing quality officers to APD. We have 29 additional officers who came from other departments, with two lateral classes in the pipeline and 34 cadets on track to graduate in December. Reaching our goal of adding 400 officers over the next four years will take all-hands-on-deck recruitment, and finally help is on the way.

The tide is starting to turn, but there is a long journey ahead. To get there it’s going to take all of us working together as One Albuquerque. We need your help and have hundreds of ways you can work to help the city we love. Let’s finish the job together.”

“Get involved at https://www.cabq.gov/mayor/community-engagement.”

ALBUQUERQUE’S HIGH HOMICIDE RATE

Mayor Keller down played Albuquerque’s homicide rate in his letter when he said “homicides are down 6 percent from last year, but last year was a record high” and he went on to disclose APD has doubled the number of homicide detectives in response.

On the very day after Mayor Keller’s opinion column was published, the front page of the Albuquerque Journal reported that APD had the sixth officer-involved shooting this year and it was the fourth fatal officer-involved shooting.

https://www.abqjournal.com/1241839/apd-investigating-officer-involved-shooting.html

There were 6 more murders in the first quarter of 2018 compared with 2017 which was a 50% increase.

Homicides have now dropped the first half of 2018 by 18% compared to last year.

A detailed breakdown of Albuquerque’s crime rates for the years 2017 and 2018 can be viewed here:

https://www.petedinelli.com/2018/10/10/violent-state-violent-city/

COMMENTARY AND ANALYSIS

To political observers, the placement of an article involving an elected official “above the fold” versus “below the fold”, either on the front page or in a section of the paper is an indication of a newspaper’s desire to call more attention to the conduct of the elected official.

Above the fold articles involving elected officials get more attention and read more than below the fold articles.

Three cases in point: former Mayor Richard Berry, Bernalillo County District Attorney Raul Torrez and Mayor Tim Keller.

Mayor Keller’s guest column was published with a 6 inch by 4-inch full color photo of the APD’s Horse Patrol Unit above and overshadowing his guest opinion column.

The placement of the photo resulted in the Mayor Keller’s column being published “below the fold”.

On the same page, above Keller’s letter, the Albuquerque Journal ran a guest editorial comment on “gardening” from George Ball, the past president of The American Horticultural Society in Washington, D.C., giving it a full “above the fold” banner headline that read “Red States and Blue States Are Both Green Inside.”

The last two sentences of Mr. Balls’ column read:

“The Republican is a brightly-colored, green-bean, elbows on the table, fence-building, vine-loving, sweet-hankering gardener, while the more passionate, basil-snipping Democrat picks and chooses from a wider range of cultivars of spicy and savory flavors, European imports, and pastel flowers that prefer afternoon shade cast by mature trees.”

“Let’s rejoice that there are 50 states where we make up a mosaic of myriad gardeners and gardens – daring and edgy blue or tried and true, traditional red. In the end, we are all still deep in the green.”

You can read the full guest column regarding the “fence building” Republican gardener versus the “European imports” Democrat gardener with the hope you can read it without laughing:

https://www.abqjournal.com/1241661/red-states-and-blue-states-are-both-green-inside.html

During the last two years while he has been in office, Democrat District Attorney Raul Torrez has ingratiated himself with the Albuquerque Journal.

Torrez has graced the front pages of the Albuquerque Journal repeatedly, especially when he sharply criticized District Judges for being soft on crime and releasing accused defendants instead of holding them in jail until trial.

Torrez went so far last year to accusing the judges as the main reason for Albuquerque increase in crime.

Criticizing judges has become a standard practice for the Albuquerque Journal on its editorial page and no doubt they see District Attorney Raul Torrez as an “up and comer” in politics, even if he is a Democrat.

When District Attorney Raul Torrez made a presentation before the Greater Albuquerque Chamber of Commerce on October 7, 2018, Torrez took all credit for the reduction in crime rates for the first time in eight years.

Torrez said the reduction in crime rates was a result of him focusing prosecutions on defendants with long criminal histories and implementing specific programs in his office.

The Albuquerque Journal gave Torrez above the fold coverage and included a nice color photo of Torrez in front of the State emblem.

https://www.abqjournal.com/1234903/da-details-albuquerque-recent-drop-in-crime.html

Torrez made no mention and gave absolutely no credit to the Albuquerque Police Department, the Bernalillo County Sheriff’s Department nor the New Mexico State Police for the reduction in crime and failed to mention it was these departments that made the arrests and put the cases together so his office could prosecute.

For the full 8 years Republican Mayor Berry was in office, the Journal did whatever it could to promote Berry and his policies, including the disastrous ART Bus project and giving steady front page coverage to Berry all the way up to the day he departed city hall.

On November 29, 2017, the very day before Berry left office, the Albuquerque Journal published a front page above the fold story with a full color photo of Berry entitled “It’s never a me thing” and an accompanying article boldly proclaiming “A hallmark of fiscal responsibility” with Berry saying the city was living within its means.

https://www.abqjournal.com/1099723/its-never-a-me-thing.html

After the Journal proclaimed the Berry Administration “a hallmark of fiscal responsibility”, Keller found himself within one month of Berry leaving office dealing with a $40 million dollar city deficit that was resolved by the Albuquerque City Council with a gross receipts tax increase.

No doubt had former Mayor Richard Berry or District Raul Torrez submitted such an opinion piece as Mayor Keller did, it would have been published on the front page of the Albuquerque Journal with their picture or at least published it on the editorial page with a bold banner headline “HE DONE GOOD AGAIN AND DON’T YOU FORGET IT!”

The Albuquerque Journal has a strict policy that it enforces that it will not publish any individual’s guest column unless it is not more than 650 words.

Once a person’s column is published, that person must wait a full 90 days before the paper will consider publishing another column on a different topic and even then there is no guarantee it will be published, with the intent of the policy to prevent any one person from dominating the editorial page with comments.

Mayor Keller now has to wait 90 days before he can submit another column to be considered for publication

During that 90-day waiting period, Mayor Keller may want to consider stop swimming against the tide of the Albuquerque Journal’s “sea of black ink” and stop submitting guest columns that they will in all likely publish “below the fold”.

For a related blog article see:

https://www.petedinelli.com/2018/03/15/boxing-match-between-mayor-keller-and-albuquerque-journal/