On February 10, 2019, the Albuquerque City Council Finance and Government Operations Committee received a report giving a breakdown of the latest city settlements agreed to in civil lawsuits filed against the city.

https://www.kob.com/albuquerque-news/city-of-albuquerque-pays-out-millions-to-settle-lawsuits/5242559/?cat=500

A total of 26 settlements were reported in the quarter where the city paid more than $2.1 million in settlements.

According to city reports, the recent payouts of more than $2.1 million is up from about $1.6 million the previous quarter and $478,340 the same quarter in 2018.

It is the city’s “Claims Review Board” that decides if a case should be settled and for what amount of taxpayer money.

The Claims Review Board has seven members who include the city’s chief administrative officer, city attorney, the personnel director or their designates, they determine then determines how to proceed after an attorney or claims adjuster presents information on the cases and make a request or recommendation.

https://www.abqjournal.com/1282001/citys-legal-settlement-tab-tops-21m.html

Eleven of the settlements involved the Albuquerque Police Department (APD).

The settlements reached relating to APD ranged from officer-involved shootings to Inspection of Public Records Act (IPRA) violations to violating the New Mexico Whistleblower Protection Act.

Notable APD-related settlements include Danan Gabaldon who was arrested while fleeing from APD police in 2015.

In 2015, Gabaldon was run over by an APD officer in a vehicle and Gabaldon sued for use of excessive force.

Gabaldon was awarded $75,000 by the city.

In 2010, Mickey Owings was shot and killed by APD and his family sued the city.

The APD shooting of Owings was severely criticized by the United States Department of Justice.

The city settled with Mickey Ownings family paying them $375,000 without the city defending that it was a justified shooting.

In 2014, Jeremy Robertson was fleeing APD police when he was shot and killed by APD and his family sued the city.

The city agreed to pay the Robertson family $225,000 without defending it was a justified shooting.

The largest settlement in the quarterly report was for $575,000 and involved an incident in Stardust Skies Park, but the case did not involve APD.

A man on a mobility scooter lost his balance on a gravel path next to an arroyo and his scooter fell into the arroyo, injuring the man.

The city built a guard rail.

Mayor Tim Keller’s office released the following statement regarding how the city decides to settle lawsuits:

“The City of Albuquerque and its Legal Department has a careful process in place that’s there to protect the public and its resources. We take each case one at a time, and after considering all the facts the Claims Review Board makes a decision on how to proceed. The amount paid out for any settlement is going to vary widely based on the facts of what happened. There’s also plenty of variance in the number of lawsuits filed in any given month. So the amounts paid out in settlement are also going to see some variance.”

COMMENTARY AND ANALYSIS

The amount of the settlements and the statement issued by the Mayor’s office makes one wonder exactly what the City Attorney’s office is doing to defend the City, especially when it comes to police misconduct cases and frivolous cases other than writing checks and “rolling over” without defending and settling the cases without advocating any defense.

The city is self-insured, meaning settlements are paid out with taxpayer funded monies.

The Albuquerque City Attorney’s Office employs 34 attorneys, numerous para legals, administrative assistants and support staff.

The City Attorney’s Office also employs private attorneys on contract to handle in the defense of cases, such as Workers Compensation cases for city on the job injuries.

The city’s Risk Management Division employs adjusters to help with claims.

Large fines and judgments against the city and APD for Inspection of Public Records Act (IPRA) violations has become so commonplace to the point it has become a disgrace and a steady source of income to plaintiffs and their attorneys for the city’s failure to turn over documents people are legally entitled to under the state’s inspection of public records law.

The City Attorney’s Office itself has been hit with IPRA violation fines by the court’s for failure to turn over documents.

$15,000 and even $20,000 fines for violations of IPRA requests by APD and the City Attorney have become all too common place to the point that it appears APD views it as a cost of doing business.

The city’s Risk Management Division should be more than capable of administering a far more aggressive program with the other city departments to identify personal injury risks, such as a no guard rail along an arroyo.

The City’s Attorney’s office needs to take far more serious IPRA requests to save the taxpayers money.

With so many resources dedicated to the legal department and to city risk management, city taxpayers are entitled to demand and expect competent and aggressive defense when the city is sued and for that matter identify personal injury risk dangers for correction.

In 2010, it was the previous Republican Berry Administration that abolished the “no settlement” policy to the absolute delight of plaintiff attorneys and the courts.

The “no settlement policy” mandated that all “police misconduct cases” be tried before a jury with a few exceptions allowed when liability and misconduct was absolutely certain.

The philosophy was that the “sunlight” of an open courtroom and the presentation of evidence was the best disinfectant for police misconduct to inform the public.

The “no settlement policy” mandated that the City Attorney’s office aggressively defend the cases and police officer’s actions and required plaintiff attorneys to prove police misconduct and their client’s cases and damages.

Settlements are reached behind closed doors and the public is seldom given much of an explanation of how damages are arrived at and why resulting in much speculation.

The “no settlement policy” worked.

The City would often prevail when it went to court saving the taxpayers millions of dollars.

Even when the city did not prevail, judgments awarded by juries were often significantly less than what the plaintiffs were seeking.

Plaintiff attorneys absolutely hated the no settlement policy and so did the court’s because it is a lot easier to settle a case than try a case before a jury.

With the abolishment of the “no settlement” policy, the City Attorney’s office has the reputation of just settling cases for the sake of settling to avoid going to trial at all costs.

The city is viewed as an easy mark to settle cases for large amounts of taxpayer money without putting up an aggressive defense with “fear of a courtroom” by the City Attorney’s office.

The Keller Administration and the City Attorney’s Office needs to be far more aggressive in defending cases, have greater faith in the jury system and realize that there are times a jury needs to hear a case and determine damages, especially when it comes to police misconduct cases.

The “2019 Decade Plan and General Obligation Bond Program” has been released and submitted by the Mayor Tim Keller Administration to the Albuquerque City Council.

The released “2019 Decade Plan” lists over $800 million worth of taxpayer funded bond projects for the next 10 years but all the funding is not voted upon at once but voted upon in increments every two years.

“General obligation” bonds are subject to voter approval every 2 years to fund various city capital projects.

The next bond cycle up for voter approval is in November, 2019.

$127 million in projects that are part of the Decade Plan will be on the November ballot for final voter approval.

https://www.krqe.com/news/albuquerque-metro/city-councilors-raise-questions-concerns-over-mayor-keller-s-project-list/1766843701

The Albuquerque Council’s “Committee of the Whole”, comprised of all 9 City Councilor’s, met to review the 10-year plan to review and consider changes.

You can read the entire 147 page “2019 Decade Plan and General Obligation Bond Program” here:

https://media.krqe.com/nxs-krqetv-media-us-east-1/document_dev/2019/02/08/keller%20bond%20proposals%202019_1549687683603_71860307_ver1.0.pdf

A few of the larger Keller Administration projects in the latest bond proposal include:

$13 million toward the historic Rail Yards property through 2029.
$11 million for various projects at the Albuquerque Museum over the next decade.
$7 million to a new APD southeast substation at Kathryn and San Mateo.
$7 million for a year-round homeless facility.
$5.5 million for the International District Library.
$5 million in funding for Family & Community Services Section 8 Affordable Housing.
$2.8 million for Community, Health, Social Services Centers.
$2.5 million for a new exit off I-25 to Balloon Fiesta Park.

A detailed summary and a full listing and amount of all the general bond projects that will be on the November ballot is listed below in the postscript.

A MAJOR CHANGE IN PRIORITIES

The Keller Administration has made a significant number of changes that are significantly different from the former Republican Berry Administration.

The Democrat Keller Administration’s proposed bond package devotes $37.3 million to the Department of Municipal Development for street and bridge upgrades, median landscaping, and other related work.

Almost $50 million is being proposed to be put into community facilities that includes:

$5.5 million going to International District Library to be built on the East Central property the city purchased where the old Caravan East was located for decades.
$5 million going to affordable housing projects.
$7 million to a new homeless facility.

PERMANENT YEAR-ROUND HOMELESS SHELTER

The bond package contains $7 million to build a permanent year-round homeless facility.

The city is also asking for state capital money for the project during the 2019 legislative session.

On January 23, 2017, the “Point in Time” (PIT) survey was conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs.

The 2017 survey found that 1,318 people reported experiencing homelessness on the night of the count, which was an increase of 31 people over the 2015 PIT Count.

For 2017, 379 people self-reported as chronically homeless, which is an increase of 119 people over the 2015 PIT Count.

PIT counted 39 more people that self-reported as chronically homeless who were sheltered and 80 more people that self-report as chronically homeless who were unsheltered in 2017.

The full PIT report for Albuquerque can be read here:

http://www.nmceh.org/pages/reports/2017%20ABQ/2017%20PIT%20Count%20Report.pdf

Currently, the city uses the old jail 20 miles away from downtown to provide shelter to the homeless during the winter months.

The old jail facility sleeps about 325 people each night during the winter months.

The Keller Administration wants to expand operations from a winter only facility to a year-round facility.

The city reports that it will cost $4.5 million a year to run a year-round facility.

However, using the existing facility on the west side and transporting people to and from the west side shelter accounts for about a quarter of the cost of running the facility.

RAIL YARD PROPERTY REDEVELOPMENT

In 2007, the city bought the Albuquerque Rail Yards site for about $8.5 million.

The historic and vacant Albuquerque Rail Yards are within one mile of the Downtown area located south of Downtown between the Barelas and South Broadway neighborhoods.

The Albuquerque Rail Yards has 18 buildings still standing and erected between 1915 and 1925 and include four major maintenance facilities built by the Atchison, Topeka and Santa Fe Railway.

The city has upgraded one building, the blacksmith shop, where the Rail Yards Market Place has taken place on weekends each summer since 2014.

Last September, Mayor Tim Keller announced he wants to ramp up plans to reinvent the historic Albuquerque Rail Yards to transform the city-owned property “an amenity where thousands can gather year-round.”

The Keller Administration has severed the private development contract with California-based Samitaur Constructs that was the master developer for the site putting the city back in control of the development process.

In order to create a tourist, draw the city wants to begin “remediation efforts” and activate a second building at the Albuquerque Rail Yards.

Activating a second building will accommodate additional vendors and potentially be a big tourist draw according to Mayor Keller.

https://www.abqjournal.com/1214363/mayor-lays-out-new-plans-for-downtown-safety.html

The $13 million in general obligation bond money for the rail yards includes $5.5 million for redevelopment efforts at the a 27.3-acre property in the Barelas neighborhood.

The city is also seeking $15 million in state money from the New Mexico Legislature for the redevelopment work.

Any significant rehabilitation will require abating lead-based paint and asbestos in the existing buildings and removing contaminants from the soil

The city estimates that cleaning up just the northern half of the 12.3-acre site will cost the city at least $4.2 million and that a complete property remediation could run as much as $8 million to $9 million.

Only estimates can be given for clean up because significant rehabilitation will require abating lead-based paint and asbestos in the existing buildings and removing oil contaminants from the soil.

Not until the remediation work starts and is completed can the final cost be calculated.

Because of the nature of the work of soil clean up, no time frame can be given when the clean up will be completed.

https://www.abqjournal.com/1279023/mayors-plan-would-support-rail-yards-cleanup.html

The removing oil and hazardous waste contaminants from the soil at the rail yards is very problematic cost wise.

The Keller Administration has made no mention of any efforts, or if it has taken steps, if available, to secure federal funding and help from the Federal Environmental Protection Agency (EPA) for the cleanup efforts.

CITY COUNCILLORS RAISE CONCERNS

During the first “Committee of the Whole” meeting on the 10-year bond plan, city councilors had questions concerning how to spend the bond monies listed in the Keller Administration 10-year plan.

Several councilors asked questions over the timing of funding for projects, especially those involving drainage projects.

There is no “long-range funding” for all the needed drainage projects in the city.

City Councilor Isaac Benton wants the city to finally build a permanent replacement for the temporary drainage pond at Lomas and Broadway saying:

“That project in particular, I feel like we’ve got to figure out a way to get moving on it, and not put that out to another bond cycle.”

The City Council has power to totally reshape and change the Keller Administration 10-year plan to conform to their own priorities for their individual districts.

On February 22, the City Council “Committee of the Whole” will again discuss and debate the 10-year bond program and make amendment to the final resolution to be voted upon by the public.

A vote of the full bond package could come by the end of February at a regular city council meeting.

Public comment is always mandated during the City Council meetings.

APS BOND AND TAX LEVY

On February 5, 2019, voters overwhelmingly rejected Albuquerque Public Schools’ (APS) two mill levy questions and a proposed bond that would have raised real property tax bills by 5%.

According to media reports, all three questions on the ballot failed by wide margins.

https://www.abqjournal.com/1277156/last-chance-to-deliver-ballots-for-aps-special-election.html

Had all three initiatives past, they would have generated $900 million for APS over the next 6 years to help execute its full capital master plan which included $190 million over 10 years to maintain APS current facilities.

The first APS mill levy was money earmarked for maintenance of existing schools and it was a continuation of the current tax rate.

APS operated 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grade), 21 high schools (9th to 12th grade) and 2 alternative schools and the average age of the schools is in excess of 50 years.

The failure to pass the first mill levy will devastate the maintenance efforts at many of the older schools and APS will be forced to seek additional funding for maintenance sooner rather than later.

APS is now considering placing the mill levy for maintenance of existing school facilities again on the November ballot which means it will be competing with the city’s general obligation bonds for approval.

CITY COUNCIL HAS SNEAKY WAY TO BYPASS VOTERS

On January 2, 2017 the Albuquerque Journal reported that the Albuquerque City Council, including Pat Davis, Diane Gibson, Ike Benton, Ken Sanchez and Republicans Don Harris, Brad Winter, and Trudy Jones voted to borrow over $63 million dollars over two years using revenue bonds to build pickle ball courts, baseball fields and the ART bus project down central by bypassing the voters.

The $65 million dollars was borrowed with the Albuquerque City Councilors voting to use revenue bonds as the financing mechanism to pay for big capital projects they wanted.

There’s no need for an election if seven of nine councilors agree to authorize the use of revenue bonds.

You can read the full story here:

https://www.abqjournal.com/919263/revenue-bonds-find-favor-in-abq.html

Revenue bonds were favored by the former Republican Mayor and the City Council because they could pick and choose what to fund bypassing the complicated requirements for the traditional obligation bond program where policies require certain percentages of the program to be dedicated for specific purposes, such as energy conservation and public art.

The use of revenue bonds shifts money out of the city’s operating budget and into big capital projects and the debt is repaid with gross receipts taxes used for essential services.

General obligation bonds require voter approval, a shorter borrowing period and a lengthy planning process which is not the case with revenue bonds.

COMMENTARY AND ANALYSIS

It is truly amazing how the Albuquerque City Council, especially the likes of Albuquerque City Councilor Isaac Benton, is expressing concerns on how to spend the $127 million in bond monies and what should be submitted for a public vote for approval.

Seven of the 9 existing City Councilors are the same fools that voted to fund the disastrous $130 ART Bus Project as well as their own pet capital projects with the use of revenue bonds.

The 7 City Councilors who care less what voters have to say are Democrats Pat Davis, Diane Gibson, Ike Benton, Ken Sanchez and Republicans Don Harris, Brad Winter, and Trudy Jones.

These 7 City Councilors refused to put the $130 million-dollar ART Bus project on the ballot for voter approval without questioning the project and without demanding due diligence by the Berry Administration.

Having a central homeless shelter run by the city is long overdue and should be pursued.

The number of homeless in Albuquerque continues to rise each year.

It is likely that a permanent shelter will have a real impact on removing a good portion of the homeless from the streets.

There is no doubt that the redevelopment of the historic rail yards needs to be made a top priority because of the historic significance the Atchison, Topeka and Santa Fe Railway has with the city of Albuquerque and the State of New Mexico.

The $13 million in general obligation bond money for the Rail Yards is commendable and should proceed but only after all reasonable steps are exhausted to secure federal funding to help with the cleanup.

If the Albuquerque Rail Yards site soil is as contaminated as being claimed, every effort should be made to seek help from New Mexico’s Congressional delegation and the Federal Environmental Protection Agency (EPA) to seek grant funding and to use the methods and technologies used on contaminated superfund sites.

The approval of general obligations bonds by voters is where the “rubber hits the road” for voters to have a say on major projects for a growing city.

General obligation bonds provide funding for essential services such as police and fire protection but also funding for projects that contribute to a city’s quality of life, such as museums and libraries.

From police and fire department equipment needs, street maintenance and improvements, public parks and recreation projects, bus and public transit priorities, libraries and museums, social services to the homeless and poor and community facilities are all funded by the general obligation bonds being proposed.

After voters overwhelmingly rejected the Albuquerque Public Schools’ (APS) two mill levy and proposed bond, Mayor Tim Keller and the Albuquerque City Council need to be prepared to “step up their game” and campaign hard and make sure the public is fully educated on the general obligation bond initiative so it will pass in November.

It does not take a political rocket scientist to figure out that voters in November will in essence be asked to decide between building a homeless shelter and cleaning up the Albuquerque Rail Yards versus providing funding to maintain and repair APS public schools.

Public schools need tax funding for maintenance and repairs as much as the city needs general obligation bond funding for capital improvement projects but it is not a sure bet that voters will go along with both on the same ballot.

What was very disappointing is that Albuquerque Mayor Tim Keller took no position on, did not endorse, and was nowhere to be found on any of the 3 APS ballot measures and now the city may be competing with APS for voter support of a tax levy to repair the schools.

When Keller was running for Mayor, he advocated city taxpayer funding for afterschool programs and city security funding for the schools.

The city and APD provides for police security at the schools in addition to APS’s own police force.

Not at all surprising is that Keller did find the time to go to Santa Fe and have a photo op with students to promote gun purchase background checks and said nothing about the $20 million included in the APS special election needed by APS for school security upgrades in response to the rash of incidents of gun violence on school grounds across the country.

No one should forget that Mayor Tim Keller himself broke a campaign promise not to raise gross receipts taxes unless there was a public vote.

Keller signed a $55 million a year tax increase with no public vote, but he was nowhere to be found when it came to the APS initiatives.

Mayor Keller, the Albuquerque City Council and the APS School Board and APS Administration need to confer with each other and come up with a game plan to ensure they are all successful.

If the general obligation bond package does not pass in November, the Mayor and the Albuquerque City Council need to be held accountable and more importantly be prevented from reverting to the old and very bad financing scheme of revenue bonds to get what they want and ignore the public.

***********************************************************************************************************************

POSTSCRIPT SUMMARY ON 2019 DECADE PLAN AND GENERAL OBLIGATION BOND PROGRAM

When placed on the ballot municipal election ballot for consideration, the bond projects will be grouped by general obligation bond purpose to vote upon.

The total general obligation bond requested and that will be placed on the November 2019 ballot for approval is $127,000,000 dollars.

The general obligation bond summary for the specific areas of funding requested are as follows:

Department of Municipal Development, Streets $37,275,000
Department of Municipal Development, Storm Drainage $5,600,000
Parks & Recreation $8,065,000
Albuquerque Fire Rescue $1,500,000
Albuquerque Police Department $5,000,000
ABQ Ride/Transit $3,100,000
Animal Welfare $800,000
Cultural Services – Balloon Museum $250,000
Cultural Services – Community Events $370,000
Cultural Services – Library $8,600,000
Department of Municipal Development – Facilities & Energy Management $8,325,000
Environmental Health $200,000
Family & Community Services $17,200,000
Finance & Administrative Services $4,000,000
Planning – Administration $2,125,000
Planning – MRA $6,470,000
Senior Affairs $500,000
Technology & Innovation Services $1,000,000
Total Community Facilities $49,840,000
Council-Neighborhood Set-Aside Program $9,000,000
3% for Energy Conservation Program $3,810,000
2% for Open Space Land Acquisition $2,540,000
1% for each Bond Purpose-Public Art $1,270,000

TOTAL GENERAL OBLIGATION BOND REQUESTED: $127,000,000

The Keller Administration is proposing the following specific projects and amounts be placed on the 2019 November Two-year General Obligation Bond ballot:

STREET IMPROVEMENTS

Reconstruct Major Streets: $2,500,000
Reconstruct Major Intersections: $2,500,000
ADA Sidewalk Improvements: $400,000
Major Paving Rehab: $4,500,000
Intersection Signalization $1,600,000
Federal Mandated Traffic Sign Replacement and Markings: $500,000
Bridge Repair $1,000,000
Safety and Intersection Improvements: $1,000,000
Neighborhood Traffic Management $400,000
Advance Right of Way Acquisition (Streets) $500,000 5
Pavement Signs and Markings $4,000,000
Median and Interstate Landscaping $6,000,000
Westside Boulevard Widening $5,000,000
Balloon Fiesta Park Slip Ramp $2,500,000
Tijeras Bridge Replacement $1,500,000
Zuni Road Improvements $200,000
2nd Street $1,400,000 12 Trails and Bikeways (5% Mandate) $1,775,000

Total Department of Municipal Development Street Programs: $37,275,000

STORM DRAINAGE

Stormwater Quality MS4 Permit Compliance (EPA) $2,000,000
Storm Drain and Pump Station Rehab $800,000
Advanced Planning and Engineering $300,000
Marble Arno Detention Basin/Future Pump Station $2,000,000
Near Heights SD Rehab $500,000

Total Department of Municipal Development Storm Drainage: $5,600,000

PARKS & RECREATION

Park Irrigation System Renovation $2,000,000
Pool Renovation $500,000
Park Playground Equipment $500,000
Balloon Fiesta Improvements $500,000
Open Space Bosque Restoration $250,000
Parks – Shade Structures $1,015,000
Park Management/Construction Crews Equipment $600,000
Park Forestry $300,000
Park Safety $500,000
Park Development $1,000,000
Daniel Webster Children’s Park, Phase 2 ADA Accessibility $400,000
Neighborhood Park Renovation $500,000

TOTAL PARKS & RECREATION: $8,065,000

ALBUQUERQUE FIRE RESCUE
Apparatus Rehabilitation and Replacement $1,000,000
Facility Renovation and Rehabilitation $500,000

Total Albuquerque Fire Rescue $1,500,000

PUBLIC SAFETY/POLICE

APD Technology and Equipment $1,000,000
Renovation and Repair APD Facilities $500,000
Southeast Area Command $3,500,000

Total Police $5,000,000

ABQ RIDE AND TRANSIT
Revenue and Support Vehicles Replacement/Expansion $3,000,000
Transit Technology $100,000

TOTAL ABQ RIDE AND TRANSIT $3,100,000

COMMUNITY FACILITIES/ANIMAL WELFARE

Animal Shelter Rehabilitation $600,000
West Side Veterinary Clinic Rehabilitation $200,000

Total Animal Welfare $800,000

COMMUNITY FACILITIES AND CULTURAL SERVICES – BALLOON MUSEUM
Balloon Museum Facilities $250,000
SUB-TOTAL CULTURAL SERVICES – Balloon Museum $250,000

COMMUNITY FACILITIES AND CULTURAL SERVICES – COMMUNITY EVENTS
KiMo Theatre Remodel and Repair of Facilities $200,000
South Broadway Cultural Center Repair and Upgrade of Facilities $170,000

TOTAL CULTURAL SERVICES – Community Events $370,000
COMMUNITY FACILITIES/CULTURAL SERVICES – LIBRARY
Library Materials $3,100,000
International District Library $5,500,000

SUB-TOTAL CULTURAL SERVICES – LIBRARY $8,600,000

COMMUNITY FACILITIES/DMD – FACILITIES & ENERGY MANAGEMENT

City Building Construction, Improvements, and Rehabilitation $7,000,000
Roof Repair/Replacement for City Facilities $1,000,000
Civic Underground Parking Fire Suppression System Upgrades $125,000
Civic Underground Emergency Power & Evacuation System Upgrade $200,000

TOTAL FACILITIES & ENERGY MANAGEMENT $8,325,000

COMMUNITY FACILITIES/ENVIRONMENTAL HEALTH
Los Angeles Landfill Remediation $200,000
SUB-TOTAL ENVIRONMENTAL HEALTH $200,000

COMMUNITY FACILITIES/FAMILY & COMMUNITY SERVICES
Section 8 Affordable Housing $5,000,000
Homeless Facility $7,000,000
Community, Health, Social Services Centers $2,800,000
Renovation, Repair, Security & Tech. Improv, Existing FCSD Fac. $1,500,000
Health and Social Service Center Kitchens $900,000

TOTAL FAMILY & COMMUNITY SERVICES $17,200,000

COMMUNITY FACILITIES/FINANCE & ADMINISTRATIVE SERVICES
City Vehicle Replacement $4,000,000
SUB-TOTAL FINANCE & ADMINISTRATIVE SERVICES $4,000,000

COMMUNITY FACILITIES/PLANNING – ADMINISTRATION
Land Acquisition and Exchange $500,000
Economic Development/Revitalization $1,500,000
Electronic Plan Review (ePlan) $125,000

TOTAL PLANNING – Administration $2,125,000

COMMUNITY FACILITIES/PLANNING – MRA
Rail Yards $5,470,000
Metropolitan Redevelopment Area $1,000,000

TOTAL PLANNING – MRA $6,470,000

COMMUNITY FACILITIES/SENIOR AFFAIRS
Senior Affairs Renovation/Rehabilitation ADA Compliance $500,000
SUB-TOTAL SENIOR AFFAIRS $500,000

COMMUNITY FACILITIES/TECHNOLOGY & INNOVATION SERVICES
IT Infrastructure Upgrade $500,000
Network Equipment Upgrade $500,000

Total Technology & Innovation Services $1,000,000

TOTAL FOR ALL COMMUNITY FACILITIES LISTED $49,840,000

OTHER BOND REQUESTS

Council-Neighborhood Set-Aside Program $9,000,000
(Each of the 9 City Councilor’s are given $1 Million for projects in their individual city council district)

3% for Energy Conservation Program $3,810,000
2% for Open Space Land Acquisition $2,540,000
1% for each Bond Purpose-Public Art $1,270,000

On February 9, 2019, Governor Michelle Lujan Grisham announced the appointment of 5 people to the University of New Mexico Board of Regents. There are a total of 7 UNM Board of Regents.

Two were appointed to 6-year terms and they are:

KIMBERLY SANCHEZ RAEL

Kimberly Sanchez Rael is President and CEO of SRE Wellness, Inc. (dba Azuca) Sanchez-Rael has an extensive background in both startup and fortune 50 Companies. Before her career in venture, she co-founded an advanced energy company and held numerous management positions at Intel, where she managed a $200 million capital budget, led planning for a $1 Billion expansion, and held roles in finance, operations and strategic planning. Prior to Intel, she served as an aide in the US Senate focusing on foreign affairs and science and technology policy. Sanchez-Rael has broad experience on both corporate and community boards.

Sanchez Rael’s corporate board experience spans multiple industries, including: water technology, semiconductors, software-as-a-service, digital media and advanced materials companies. Sanchez-Rael community board service includes: New Mexico State Board of Finance; Presbyterian Hospital, the Albuquerque Public Schools Foundation and the Arts Alliance. She was the Founding President for a Montessori Charter School. She has been featured as New Mexico Business Weekly Power Broker and Top 10 Women of Influence. Sanchez-Rael is a member of the prestigious international Society of Kauffman Fellows, a Rotary Scholar and is a member of the Board of Directors of the International Women’s Forum-New Mexico. She has a bachelor’s degree in International Relations from Harvard and an MBA from Stanford.

https://www.linkedin.com/in/kim-sanchez-rael-49379

ROBERT SCHWARTZ

Professor Robert L. Schwartz is an Emeritus Professor of Law at the University of New Mexico. He earned his B.A. degree from , Stanford University in 1970 and his Juris Doctrate degree from Harvard University in 1975. He is a member of the American Samoan, New Mexico and New York Bars. In 1976, Professor Schwartz joined the UNM law faculty and began to focus his research and teaching in the emerging field of Health Law. He has gone on to become a nationally recognized scholar in the area of Bioethics and brings this expertise to his classes at both the law school and the UNM School of Medicine, where he also teaches. Though he is emeritus status, he regularly teaches half-time at the law school, including courses in torts and health law, among others.

Schwartz is one of five authors of “Health Law: Cases, Materials and Problems,” the first textbook that treated Health Law as a subject when it was first published in 1987. Now in its fourth edition, it is the leading Health Law textbook in the country. He contributed chapters that address Bioethics. He also has written “Treatise on Health Law,” a two-volume textbook published in 1995 and is co-editor of a volume of Health Law statutes that was published in 2003. Most recently, his writing is in the areas of end-of-life care, death and dying, managed care and the application of civil liberties principles to the health care enterprise.

http://lawschool.unm.edu/faculty/schwartz/index.html

Two were appointed to 4-year terms and they are:

SANDRA K. BEGAY

Sandra K. Begay is a Principal Member of the Technical Staff at Sandia National Laboratories and is a former Regent (Trustee) for the University of New Mexico. Sandra leads Sandia’s technical efforts to assist Native American tribes with their renewable energy developments. Sandra received a Bachelor of Science – Civil Engineering degree from the University of New Mexico.

Begay worked at Lawrence Livermore National Laboratories before she earned a Master of Science – Structural Engineering degree from Stanford University. Sandra is recognized in a book profiling women engineers, “Changing Our World: True Stories of Women Engineers.” Begay-Campbell is included in the chapter “Women in Power”, which describes her effort to provide electricity through solar panels and other alternative energy solutions to hundreds of remote tribal members on the Navajo Reservation.

Honored with awards for her work, Begay is a recipient of the American Indian Science and Engineering Society’s Life-time Achievement Award; the University of New Mexico’s 2007 Zia Alumnus Award; the 2005 UNM School of Engineering Distinguished Alumnus Award and she received the Stanford University 2000 Multicultural Alumni of the Year Award. She was also selected as a recipient of the Governor’s Award for Outstanding Women from the New Mexico Commission on the Status of Women.

https://www.energy.gov/diversity/contributors/sandra-k-begay

DOUGLAS M. BROWN

Douglas M. Brown is a recognized financial leader with more than fifty years of experience in finance, currently as the head of Brown and Brown Ventures. Douglas M. Brown is a Dean Emeritus at the University of New Mexico Anderson School of Management. He is a graduate of Stanford University having earned an AB and MBA and graduating in the top 5% of the class.

From February 2009 to June 2014, Brown was the Dean of the Anderson School of Management at the University of New Mexico. As Dean, he administered undergraduate, graduate, and executive programs involving 1,800 students. During his tenure as Dean, the school became fully re-accredited, achieved record fundraising, and secured a commitment for a new building for the school. Albuquerque Business First recognized Brown’s contributions by naming him as Top CEO of the Year for 2013. Upon retirement Doug was accorded the title of Dean Emeritus, the only living Dean so honored.

From November 2005 to January 2007, Brown was New Mexico State Treasurer having been appointed by the Governor to fix a scandal-ridden agency. As State Treasurer, he made key personnel changes, reduced staff by 20%, achieved a clean audit, brought yield on $5 billion portfolio from 46th in the U.S. to 7th, and the fund was awarded a AAA rating by Standard and Poor’s, their highest rating and a first for the state of New Mexico.

From 1999 to October 2005, Brown was President and CEO of Tuition Plan Consortium. As President of the consortium, he built an association from six to 275 private colleges and universities offering subscribers Private College 529 Plan, a prepaid tuition plan redeemable at any of the participating schools. BusinessWeek named it a “Best Product of the Year.”

From 1990 to 1999, Douglas Brown was President and CEO of Talbot Financial Services. Co-founder of enterprise the company grew from start-up to over $2 billion in annual sales nationwide. His firm became nation’s largest marketer of annuity products to major financial institutions.

Douglas M. Brown’s experience includes 28 years in banking, including CEO, ABQ Corp, largest financial company in New Mexico (1986-89), Executive Vice President, Crocker Bank (1984-86) and Senior Vice President and Marketing Director, Wells Fargo Bank (1961-84)

https://www.expertbankingwitness.com/resume-douglas-m-brown

MELISSA C. HENRY

Melissa C. Henry was appointed as UNM Student Regent to a two-year term. Melissa Henry is the former Graduate and Professional Student Association Chief of Staff (GPSA) who also nominated her for the position. It was the Graduate and Professional Student Association that nominated Melissa Henry.

Melissa C. Henry is a licensed mental health counselor with over five years related professional experience in the field working at student health and autism centers. Henry has worked as both a couples and family counselor with focus on working with parents seeking reunification with children. Henry holds a Bachelor’s in Psychology and a Master’s in Counseling from California State University, Fresno. She is currently working on her doctorate in Counselor Education and Supervision with a minor in Quantitative Methods in Education from the University of New Mexico.

In announcing the appointments, Governor Michelle Lujan Grisham said:

“I am proud to nominate this incredible group that I am confident will be dedicated to ensuring equity, responsibility, and accountability at the University of New Mexico. I eagerly look forward to their stewardship of New Mexico’s flagship university.”

https://www.krwg.org/post/governor-lujan-grisham-appoints-university-new-mexico-regents

OTHER REGENT NOMINATIONS PENDING

Governor Lujan Grisham has 4 regent seats at Northern New Mexico College that she needs to fill.

The Governor needs to select three regents apiece for New Mexico Highlands University and New Mexico State University and 2 for Western New Mexico University.

http://www.santafenewmexican.com/news/education/lujan-grisham-has-more-than-a-dozen-regent-seats-to/article_7da9fa36-f3ba-5ad9-b46b-cf5c326796da.html

COMMENTARY AND ANALYSIS

Boards and Commissions include some very powerful positions such as the New Mexico State Fair, the Racing Commission and the Board of Regents of all the Universities.

Below is the link to apply for appointment to a Board or Commission:

https://www.emailmeform.com/builder/form/Oqd5SaP9ZFhWEVt55kMbf2zn

It is clear from review of the credentials that all 5 of the regent nominees are indeed more than qualified for the difficult job of UNM regent and bring a level of understanding to how the University works and more importantly how it should work.

All 5 of the UNM regents nominated will now be submitted to the New Mexico State Senate for approval and confirmation.

All 5 regent nominees will have confirmation hearings before the New Mexico State Senate Rules Committee Chaired by New Mexico State Senator Linda Lopez where the committee will recommend confirmation or rejection.

The entire State Senate Rules Committee membership consist of State Senators Linda Lopez, Jeff Steinborn, Greg Baca, Stuart Ingle, Daniel Ivey Soto,. Jerry Ortiz-Pino, Mary Kay Papen, Cliff Pertle, Clemente Sanchez, Bill Tallman, and Mark Moores.

With the Democrats in control of the Senate, it is more likely than not all of the Governor’s UNM regent appointments will be approved very quickly during the 2019 Legislative Session.

For a full list of cabinet appointments see:

Governor MLG’s Cabinet Appointments Complete; On To Boards and Commissions!

Voters overwhelmingly rejected Albuquerque Public Schools’ (APS) two mill levy questions and a proposed bond that would have raised real property tax bills by 5%.

According to media reports, all three questions on the ballot failed by wide margins.

https://www.abqjournal.com/1277156/last-chance-to-deliver-ballots-for-aps-special-election.html

Had all three initiatives past, they would have generated $900 million for APS over the next 6 years to help execute its full capital master plan.

APS operates 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grades), 21 high schools (9-12th grades) and 2 alternative schools serving 84,000 students which is more than 25% of New Mexico’s school population.

The average age of an APS school is 50 years old and in need of repairs, improvements, remodeling or even demolition and construction of new facilities.

APS wanted to use money generated by the property tax toward the design and construction of 11 new projects and the completion of 23 major rebuilds and upgrades to 23 school campuses.

The capital monies were budgeted to provide startup monies for renovation projects targeting aging campuses in historic neighborhoods, like La Mesa Elementary School.

$20 million was to be used for much needed school security upgrades in response to APS needing to upgrade safety measures in response to the rash of incidents of gun violence on school grounds across the country, including New Mexico.

The $20 million in security funding would have provided for new locks for every classroom, security vestibule entrances, upgraded camera security with a district-wide central monitoring center, and to build protective perimeter fencing for school campuses.

The first mill levy was for continued maintenance of existing facilities.

The first mill levy would not have raised taxes but it would have continued the existing tax levy that will now expire after six years.

The first mill levy was voted down by 64%.

The failure to pass the first mill levy will probably devastate the maintenance efforts at many of the older schools.

The second tax mill levy question was voted down by 69%.

The bond funding was voted down by 58%.

Normally, turn out for an APS elections is 3% to 5%.

The election was a “mail in ballot” and the voter turnout for it was 28.7%.

The defeat of all 3 measures plunges the APS capital master plan into a sea of uncertainty.

APS Executive Director Kizito Wijenje of the school systems capital master plan described the APS capital funding situation the day after the defeat of the mill levy and bond package as a “Rubik’s Cube”.

https://www.abqjournal.com/1277733/aps-superintendent-we-will-do-the-best-we-can-with-what-we-have.html

STATE’S AND CITY’S PUBLIC EDUCATION CRISIS

On Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled that the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education.

The Judge found that it was clear that many New Mexico students are not receiving the basic education in reading, writing and math they should be receiving in our public-school system.

The Santa Fe District Court found that in New Mexico 71.6% of the state’s public-school students come from low-income families.

As a matter of law, Judge Singleton wrote the “lack of funds is not a defense to providing constitutional rights” and found:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

In response to the court ruling Governor Michelle Lujan’s proposed budget calls for $3.2 BILLION to be spent on Public Schools, an 18% increase of $830.2 million.

The New Mexico Legislative Finance Committee (LFC) budget plan for its part increased year-over-year state spending by $670.8 million, or by 10.6%, with more than three-fifths of the additional spending toward public schools statewide.

Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than 25% of the state’s students with nearly 84,000 students.

The ethnicity of the APS 84,000 students is 65.8% Hispanic, 22.9% Caucasian/White, 5.5% American Indian,3.2% African American, 2.3% Asian American, 0.2% are “other”.

Over two thirds of APS students qualify for the federal school meals program.

The school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

On Jun 26, 2018, it was reported by the 2018 Kids Count Data Book that for the first time in five years, New Mexico has fallen to last among states when it comes to the economic, educational and medical well-being of its children, according to a nonprofit that tracks the status of children in the United Sates.

In educational measures, the report says 75% of the state’s fourth-graders were not proficient in reading in 2017, compared to 65% nationally, and 80% of eighth-graders were not performing up to par in math in 2017, compared to 67% across the U.S.

Education Week’s annual Quality Counts report on United State Public Education systems throughout the nation put New Mexico next to last out of 50 states and the District of Columbia in January, 2018.

COMMENTARY AND ANALYSIS

The overwhelming defeat of the two property tax initiatives and the one bond initiative is very disappointing but was not at all surprising to political observers.

The failure of all 3 APS measures is a major setback to the single largest school district in the state and one of the largest in the country.

With the defeat of all 3 APS measures, there is considerable gloating going on by the “anti-tax” people and groups.

Gloating was exhibited by the ultra-conservative Rio Grande Foundation Paul Gessing, who spearheaded the opposition, when he boasted about the vote and said:

“It’s a great day for the taxpayers of the APS district, and I think it’s clear that APS overreached on this particular tax hike proposal”.

Truth is Paul Gessing and his ultra-conservative Rio Grande Foundation have never seen any tax hike they have supported and for years have been consistent critics of public education institutions always harping that the institutions are a waste of taxpayer money.

Gessing and his Rio Grande Foundation went so far to advocate that APS sell off its assets as a way of raising money, which is a one time revenue source when a recurring revenue sources are needed for repairs and maintenance of school facilities.

https://www.abqjournal.com/1277156/last-chance-to-deliver-ballots-for-aps-special-election.html

It may have been a great day for property owners and the Rio Grande Foundation saving money, but a very sad day for those who really matter, the students of APS.

Albuquerque Public School Board Member Peggy Muller-Aragón, the only APS Board member who opposed the APS initiatives, applauded the defeat of the initiatives saying she was not at all surprised by the vote.

Muller-Aragón took a cheap shot in her gloating when she said she believed voters knew what they were voting for when they voted “no” and “wanting better accountability and for prioritizing students over unions”, an obvious reference to the teacher’s union that supported the measures.

Mueller Aragon was quoted as saying APS was not “in check with reality. … We’re a poor state … The ask [in property tax increase] – from what I heard – was just so big.”

Contrary to the truth Mueller-Argaon said that “we’re a poor state” the truth also is “lack of funds is not a defense to providing constitutional rights” to an education as was found by Judge Singleton.

In other words, the money to fund public education must be found or generated somewhere and is usually through taxation.

Republican Albuquerque City Councilor Don Harris called upon his constituents to vote against the initiatives, the same Don Harris that supported spending taxpayer money on the disastrous ART Bus project without a public vote.

Republican Party Chairman Steve Pearce at the last minute called the mail in ballot initiative “deeply flawed” as if to say the Republican party would contest the results if the measures past.

What was very disappointing is that Albuquerque Mayor Tim Keller took no position on, did not endorse, and was nowhere to be found on any of the 3 APS ballot measures.

When Keller was running for Mayor, he advocated city taxpayer funding for afterschool programs and city security funding for the schools.

The city and APD provides for police security at the schools in addition to APS’s own police force.

Keller did find the time to go to Santa Fe and have a photo op with students to promote gun purchase background checks, but said nothing about the $20 million included in the APS special election needed by APS for school security upgrades in response to the rash of incidents of gun violence on school grounds across the country.

No one should forget that Mayor Tim Keller himself broke a campaign promise not to raise gross receipts taxes unless there was a public vote and signed a $55 million a year tax increase signing with no public vote, but he was nowhere to be found when it came to the APS initiatives.

Public schools need tax funding for maintenance and repairs as much as the city needs funding for city services and Mayor Keller should have supported the the APS measures.

APS for some time has been a troubled public education district.

The APS Board of Education and the APS administration will now be forced to come up with a detail plan on how to deal with the inevitable shortfall of funding in the school district’s operational fund that will no doubt affect or halt the 23 projects that are already underway at schools in the district.

No doubt big factors that contributed to the defeat of the initiatives is the very real public perception that the elected Albuquerque Public School (APS) Board and the APS Administration is viewed as wasting taxpayer money and resources on projects and facilities that are not needed and that do not help students.

Another common public perception is that the APD Administration is top heavy with management being paid enormous salaries and that there is extensive waste of resources by them.

A hard reality that contributed to the defeat of the initiatives is that people want and even demand quality public education and facilities, but no one wants to pay higher property taxes for them.

Many taxpayers feel that taxes are already way too high, even though the county’s property taxes are in fact some of the lowest in the country.

Notwithstanding the defeat of the initiatives, APS Administration and the APS School Board cannot forget what happened in the special election nor the real problems facing the students they serve.

The disconnect between the voters and APS is now complete.

The elected APS Board, including APS Board Member Peggy Muller-Aragón, needs to take steps to repair the damage or step aside if they are not up to the challenge.

In the meantime, the aging APS facilities will continue to deteriorate until the elected APS board and management regain public confidence.

The APS Board could ask voters to vote again on an APS tax increase in the next election, but if they do, they need to do a far better job of educating the public and justify why the money is needed and where it will go to benefit the students.

The landslide loss perhaps is a lesson learned for the APS elected school board and the APS Administration, but it was at the expense of the students in need of a quality education in modern, safe and secured facilities.

The APS Board and the APS Administration must teach the lesson next time around that taxes are the tuition we must pay to have an educated child.

For a related blog article see:

Vote YES On APS Property Tax Levy And Bonds To Rebuild Deteriorating Schools

On February 7 and February 4, 2019, political blogger Joe Monahan on his political blog “New Mexico Politics with Joe Monahan” gave an exceptional summary of many political issues going on in New Mexico, especially with the New Mexico Legislature.

Below are excerpts from the January 7 and January 4 posting on New Mexico Politics with Joe Monahan January 7, 2019 with the blog link below:

Thursday, February 07, 2019

“The Latest Zeitgeist: Tax Warning To Santa Fe From ABQ, Trump In El Paso; His Interior Secretary In Hobbs; Visits Prompt Talk Of GOP Retaking Southern CD, Plus: Radio Days; Latest ABQ Ratings And All Those PM Talk Show Hotshots

Here’s the Thursday zeitgeist direct from the frontlines of La Politics. . .

–The landslide defeat of a property tax increase for the ABQ Public Schools is putting Santa Fe on notice. Legislative proposals to raise the gas tax and food tax–already hard pressed to win–may be dead money in the aftermath of the APS wreck. Voters are tax tired and if the Dems overreach as APS did they could run into a buzzsaw.

–On the other hand, raising the personal income tax on households making $300,000 a year or more just might be in line with the populist overtones seen in this week’s mail in election.

–Crooked Krebs is the big “get” for Attorney General Hector Balderas, his biggest yet because the AG’s criminal charges against former UNM Athletic Department Director Paul Krebs might be a momentum maker to finally reform the transparency resistant department. Balderas may need the cushion of goodwill. Insiders report his staffing practices at the AG’s office are soon to come under media scrutiny.

–MLG’s “goofy” video against the border wall debuted to mixed reviews after she posted the video shot several months ago on her campaign Twitter account as President Trump finished delivering his State of the Union speech. The video showing her crashing through walls has gone viral. It’s one of those love it or hate it deals but if the point was to get attention, it worked.

–President Trump is coming to El Paso Monday and that will have NM impact. The El Paso media market spills over to southern NM. His visit will excite border wall supporters in beleaguered Hidalgo County where immigration problems have prompted widespread news coverage. In liberal Las Cruces the Trump visit will reinforce the disdain for the commander in chief’s border wall.

–The visit showcases how difficult an issue this is for Dem southern Congresswoman Torres Small. She has now come out in support of the wall concept for certain areas where she believes it could work. That moderate position may not satisfy either side. Cruces liberals want no wall or physical barriers at all and conservatives want the whole border walled.

–Also, on Wednesday Trump’s new Secretary of Interior was visiting oil booming Hobbs to remind everyone of the regulation friendly White House that is taking credit for the immense amount of energy coming out of the ground. It is in the Permian Basin in SE NM that the R’s hope to stage their comeback against Torres Small, arguing that many conservatives who did not vote in ’18 will vote in 2020.

–But Yvette Herrell is complicating the GOP’s Torres Small challenge. After her embarrassing 2018 defeat many in her party see her as washed up but she is already campaigning for the nomination, hoping to keep others out. But possible alternatives are popping up, including Claire Chase. Watch her.

–Chase was recently elected chairman of the board of the NM Oil and Gas Association as well as chair of the Independent Petroleum Association of NM. The family oil business is Mack Energy, where she serves as director of government relations and spends a good deal of time in DC. The company founder, Mack Chase, is her husband’s grandfather and is listed by Forbes as the wealthiest person in New Mexico with a net worth of at least $700 million.

The company is based in Artesia and has operations in the booming Permian. In other words, self-financing a good deal of her congressional campaign would be on the table if she were to run.

–Chase, 35, is a NM native and graduate of Roswell’s NM Military Institute. Here’s a bio and short video of her conducted by Oil and Gas Investor. A January poll conducted by Herrell asking voters their preference for the GOP nomination for the southern seat included Chase. The game is not on yet. Will it be soon?

Monday, February 04, 2019

MLG Says Early Childhood Amendment Will Be “Fight Of My Life” Plus: Where Other Key Issues Stand At Session, And: Our Monday Bottom Lines

The debate around key issues facing the 60 day legislative session is gaining more clarity as we flip the calendar to February. Here are the takeaways:

–For the first time in a little noticed interview MLG drew a line in the sand on the proposal to tap the $17 billion Land Grant Permanent Fund School Fund for very early childhood programs. She said:

“I have every intention of having the fight of my life on this issue. Our ‘pinch,’ I think, will be an indication that we expect about a third of what we’ll need for early child education to come out of the permanent fund. I think we might be closer to an open dialogue by folks that have said no deal.”

–That “pinch” under legislation sponsored by ABQ Dem Rep. Javier Martinez would withdraw one percent of the fund’s value annually, adding upwards of $150 million year to early childhood programs, but key players see negotiations taking that percentage lower.

–The fight the Governor says she has every “intention” of having will be with conservative Senate Democrats who have repeatedly blocked the amendment which, if approved by the House and Senate, would go to voters in 2020. The House is supportive of the measure that does not require a gubernatorial signature.

–However, it will require gubernatorial power to crack the conservative D’s or bring them to the table. That may indeed require the “fight of her life” that she has now publicly pledged.

MINIMUM PUSH

–Conservatives aren’t necessarily “cracking” over the Guv’s push to hike the statewide minimum wage from $7.50 to $10 an hour, it’s more like they are yielding to the political reality seen in last year’s election results.

–Even conservative Senate Dem Clemente Sanchez, who has battled with minimum supporters in the past, is proposing a $10 an hour minimum, albeit his would not take effect until October 2020 while others would take effect this year.

–Sanchez is also proposing that the $2.13 minimum wage for tipped employees stay on the books, something restaurant owners are clamoring for. He and they may get it. (The tipped minimum is higher in cities with higher overall minimums).

–Interviews we’ve had with tipped workers in ABQ found opinion mixed but overall they expressed support for the status quo. Many are making near $20 an hour under the current structure and in no mood to rock the boat.

–Interestingly, in a Sunday op-ed piece MLG did not make mention of the debate over the minimum for tipped employees, a signal that she is not locked down on it.

–Santa Fe’s minimum wage is already north of $11 an hour and would not be impacted by the $10 an hour mandate. Las Cruces is also now over the $10 an hour mark. However, ABQ is in the low $9 an hour area so minimum workers there would benefit from the increase.

CAP OR CAPLESS?

–There are not many believers in Santa Fe that state film incentives, capped at $50 million a year, should be completely lifted. Such a move would threaten to blow a hole in the budget in future years. Because they have gone over the cap over the years, Hollywood is now owed over $300 million due from the state, a huge sum in a budget headed toward the $7 billion area.

–MLG’s support of removing the incentive cap is seen more as a negotiating play than her hope for the final result, meaning an increase from $50 million a year to a yet to be determined number, but the cap stays.

–The position of Dem Senator Carlos Cisneros of Senate Finance seems likely to carry the day:

“(He) said he would support loosening the cap. The film industry, he added, has been good for the state. “A complete drop–that’s unpredictable,” he said, cautioning that the state needs to have some certainty about how much it is paying in incentives in future years, particularly in lean budget years.”

ANALYSIS AND COMMENTARY

In characteristic style, both posts are informative reflecting someone who has been in the reporting business for a very long time and who has tremendous sources in the political world of New Mexico.

If you like politics, I suggest you add “New Mexico Politics With Joe Monahan” to your regular reading.

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

On January 17, 2019 the New Mexico Senate announced the “Rocket Docket” which consisted of 30 expedited bills.

http://www.nmsenate.com/2019/01/17/nm-senate-announces-30-expedited-bills-aka-the-rocket-docket/

Top Democratic legislators “fast-tracked” 30 bills during the first few weeks of the 60-day session by sending them to just one committee for vetting and then moving them quickly along for floor votes.

All 30 bills were bills introduced in past legislative sessions that, while receiving wide bipartisan support in the Legislature, were nevertheless vetoed by the former Republican Governor often times without any explanation.

Vetoes of 10 bills resulted in litigation and the New Mexico Supreme Court found the vetoes “unconstitutional” and the bills became law.

While a few of the “rocket docket” bills encountered opposition and lost momentum, most of them were voted upon quickly and had broad support.

The New Mexico House set up its own set of expedited bills that went through the same process.

The goal was to have a complete set of bills ready for Governor Lujan Grisham’s signature within a matter of weeks as opposed to at the end of the session.

Not surprising, a few Republican leaders objected to the expedited “rocket docket” process on how the bills were handled

The Republicans argued that new members who were elected to office last fall would not have a sufficient opportunity to review the bills or ask questioning.

Governor Michelle Lujan Grisham defended the Legislature’s vetting of the “rocket docket” bills by saying the bills were not merely a list of “legislative ideas” but legislation that was in fact based on previous measures that were reviewed, debated and passed but vetoed by her predecessor.

INITIAL SUCCESS OF ROCKET DOCKET

On Monday, February 4, 2019, Governor Michelle Lujan Grisham, with 25 lawmakers looking on, signed into law 42 bills that were sponsored by a mixture of Democrats and Republicans.

The list of “rocket docket” bills signed by Gov. Michelle Lujan Grisham on February 4, 2019 include the following House (HB) and Senate (SB) bills:

HB 44: Career-Technical Teacher Development
HB 50: Audit Reviews by Board of Finance
HB 66: Mammogram Info Disclosure
HB 72: Occupational Therapy Scope of Practice
HB 74: Traditional Historic Community Qualifications
HB 97: Local Government Investment Pool Participants
HB 203: Economic Development Finance & Ag Enterprises
HB 216: File County Subdivision Ordinances with State
HB 217: Infrastructure Development Zone Meetings
HB 226: Add Lay Midwives as Practitioners
HB 227: Use of Teacher Attendance for Evaluations
HB 229: Regional Air Center Special Economic District
HB 237: Extend University Police Officer Authority
HB 242: Contact Lens & Glasses Prescriptions
HB 250: Native American Student Needs Assessments
HB 257: Enviro Services Gross Receipts Uses
HB 276: Establish Advanced Mapping Fund

SB 9: Psychologist Prescription Certificates
SB 18: Local Government Planning Fund
SB 28: Placement of Children in Protective Custody
SB 48: Student Diabetes Management Act
SB 58: Evidence and Research Based Funding Requests
SB 77: Landowner Liability for Cave Exploration
SB 106: Short-Term Occupancy Rentals Tax
SB 117: Wastewater System Financing
SB 118: Protect Confidentiality of Crime Victims
SB 145: Coordinate Medical Transport
SB 149: Rename Alcohol & Gaming Division
SB 150: Homeowner Associations Changes
SB 157: Sick Leave for Educational Retirement Credit
SB 164: Prizes & Gifts for Insurance Customers
SB 179: Disabilities Students Lottery Scholarships
SB 189: Mobility Limitation Transport Placards
SB 191: Lobbyist Reporting Requirements
SB 193: Beef Council Assessment Opt-Out
SB 197: Judge Pro Tempore Fund
SB 198: Admin Office of the Courts Director Funds
SB 199: Electronic Communications Privacy Act
SB 200: Massage Therapy Act
SB 215: Maternal Mortality & Morbidity Prevention Act
SB 236: Disabled Veteran License Plate Options
SB 244: Legal Services for Land Grants & Acequias

https://www.abqjournal.com/1276619/gov-lujan-grisham-signs-off-on-rocket-docket-bills.html

COMMENTARY AND ANALYSIS

With the apparent success of the “rocket docket”, the 8 year legacy of failure of the former Republican Governor must be remembered.

The failed legacy of former Republican Governor “She-Who-Must-Not-Be-Named” (“SWMNBN”) includes a legacy of vindictiveness and mean-spirited attitude toward the New Mexico legislature.

The former Republican Governor will be remembered for her inability to work with the New Mexico legislature and how she treated those she disagreed with, even with those in her own Republican party.

The former Republican Governor’s re election victory in 2014 helped Republicans seize control of the New Mexico House of Representatives for the first time in 60 years but their control lasted only 2 years.

The peak of vindictiveness and pettiness was when the former Republican Governor’s Political Action Committee spent $1 million dollars to defeat long time and respected State Senate Democrat Floor Leader Michael Sanchez who she considered a major obstacle to her policies.

https://www.abqjournal.com/491495/control-of-70-seat-new-mexico-house-hangs-in-balance.html

The Republican House overplayed their hand and proceeded to preside over the House in a vindictive manner against Democrats.

The Republican House approved only Republican legislation and voted down all Democrat sponsored legislation.

In 2016, Democrats regained control of the house putting Democrats in control of both the New Mexico House and Senate.

On April 25, 2018, the New Mexico Supreme Court ruled unanimously that she did not follow proper constitutional procedures in vetoing 10 different bills that, for the most part, had passed the legislature with broad bipartisan support.

In court, state lawmakers argued the 10 vetoes were not properly carried out because the Republican Governor either took too long to act on them or did not provide an explanation with each vetoed bill.

https://www.abqjournal.com/1163243/nm-supreme-court-invalidates-gov-martinez-vetoes.html

The Supreme Court ruling put end to the court battle and resulted in the bills becoming law.

The common consensus amongst many members of the legislature is that Republican Governor “SWMNBN” vetoed the legislation in retaliation for them not supporting her policies.

President Barack Obama said to Republicans after his 2009 inauguration, during a meeting with congressional Republicans about his economic programs they condemned “Elections have consequences”.

There is no doubt that the “rocket docket” is a dramatic departure from the way the New Mexico Legislature has operated for decades.

Democrat House Speaker Brian Egolf of Santa Fe commented on the need for the “rocket docket” by saying:

“We’ve had eight years of lost time and we have a lot of catching up to do.”

Over the years, the legislature has been severely criticized for spending far way too much time on ceremonial activities and debating and voting on what many observers felt were meaningless memorials, tributes and ceremonies.

Each of the signed bills on the “rocket docket” was sent to one committee in both the House and Senate and then voted upon by both chambers.

The customary way of doing business in the legislature has always been when a Senate or House bill is introduced, it is referred to multiple standing committees, 2, 3, and even 4 committees at a time.

It is common knowledge that the more committees that a bill is referred to, the more likely it is that it will be tabled and “die in committee” and never have a final vote and never become law.

In years past, a majority of bills were typically not approved by lawmakers until literally the final weeks, days and even hours of a 60-day legislative session.

Governor Michelle Lujan Grisham during the signing of the 40 bills into law described them as proof of a new bipartisan effort by saying:

“Today is a signal that we are, in fact, working together.”

Senate Majority Leader Peter Wirth, D-Santa Fe had this to say about the passed “rocket docket” legislation:

“I think we’ve come up with true consensus bills.”

Republican Roswell Representative Candy Spence Ezzell, who attended the bill singing along with many other Republicans, chimed in by saying:

“It does take working with both sides of the aisle to get something accomplished for the good of New Mexico.”

With the election of Democrat Governor Michelle Lujan Grisham and the success of the “rocket docket”, the New Mexico Legislature and voters are quickly beginning to appreciate the true meaning of “elections have consequences”.

The “rocket docket” should be made a permanent part of the legislative process as should cooperation and communication between all legislators, Republicans and Democrats alike, with the new Governor.