APD Spokesman Drobik’s $192,973 Overtime Pay Tip Of Iceberg; “Denied Access” Reason Media Reluctant To Report; Where Is Our Champion To Combat “Waste, Fraud and Abuse” Mayor Tim Keller?

Posted on April 15, 2019 by

You know that a police department is being mismanaged when a public information officer (PIO) becomes the news instead of responding to the news agencies with information on criminal cases.

What is even worse is when a Police Oversight Board Agency votes to unanimously to recommend to the APD Chief that not only should the PIO be fired but also his supervisor for abuse of overtime resulting with both being listed in the top 11 highest paid city hall employees earning thousands more than the APD Chief Command staff and City Department Directors.

What is downright pathetic is when the city’s TV News stations do not even bother to report that the APD Police Oversight Agency voted to recommend termination of APD Public Information Officer and his supervisor or APD Police Officers earning 2 and 3 times their base pay and paid $101,000 to $192,000 a year because of overtime.

There were two Albuquerque Journal front page stories regarding the $192,973 compensation paid in 2018 to APD Master Police Officer 1st Class and Spokesman officer Simon Drobik.

You can review both stories here:

https://www.abqjournal.com/1302312/dismissal-of-spokesman-urged.html

https://www.abqjournal.com/1302650/apd-reviewing-oversight-report-into-spokesmans-pay.html

CIVILIAN POLICE OVERSIGHT AGENCY RECOMMENDS DISMISSAL

On Friday, April 12, 2019, it was reported that the APD Civilian Police Oversight (CPO) Agency recommended the dismissal of APD Master Police Officer 1st Class and Public Information Officer Simon Drobik as well as his former supervisor for overtime pay abuse.

The CPO Agency investigation found that in 2018, Drobik was paid $192,973 making him Albuquerque’s highest-paid employee in 2018. The investigation also found that his supervisor was one of the city’s top 11 paid wage earners. The investigation found that throughout 2018 Drobik violated overtime and pay policies more than 50 times by getting paid simultaneously for being on call as a spokesman for APD and working “chief’s overtime” and paid time and a half stationed at local businesses.

“Chief’s Overtime” is a practice in which private companies pay the city, usually around $50 an hour, to have an APD officer stationed at their business for security while in full APD police uniform, armed and including the use of their city police vehicle. The money paid by the private businesses is used to pay the police officer time and a half per hour of their regular pay and the city keeps the balance as a fee or profit for the police service provided. Any police officer who does Chief’s Overtime must apply and get permission from a supervisor. Programs where APD Officers can also earn overtime include holiday tac-plan initiatives, checkpoints, extended training, special events like the Balloon Fiesta and security detail for high profile dignitary visits such as the US President or US Vice President, all where the City pays the overtime worked.

According to the CPO investigation, Master Police Officer 1st Class Drobik would be assigned to businesses for “chief’s overtime”, but he was also “on call” and he would leave where he was stationed to do his job as an APD spokesman and he was paid at the same time to do his other job. The CPOA investigation found that Drobik violated the policy 51 times throughout 2018 when he was also signed up to be “on call” to the field and he also worked 207 Chief’s Overtime assignments.

According to the CPO Investigation the practice officer Drobik engaged in:

“… is in direct violation of SOP (Standard Operating Procedures). … “Yet Officer [Simon Drobik] knowingly and repeatedly violated this policy to enrich himself. Despite the lack of supervision from the department, an officer’s moral code of ethics does not allow an officer to continually violate policy, especially for their own [personal] gains.”

The CPO Investigation report also singles out Drobik’s supervisor, identifying the supervisor as “Lt. M” stating:

“Lt. M” supervised Drobik until mid-October and continued to approve the overtime. … Lt. M acknowledges and was aware of Officer D’s repeated violations of APD Administrative Order 3-20-2 (6). However, [Lt. M] took no corrective actions; instead he continued to approve the Chief’s Overtime Assignments throughout 2018 until Officer D’s TDY assignment in October of 2018. …”

APD’s standard operating procedures (SOP’s), prohibits police officers from signing up for or accepting overtime shifts if they are on “on-call” status, as was the case with Sergeant Drobik as APD spokesman. The CPO Investigation also found that Drobik claimed compensatory time for going for runs with the Police Academy’s cadets 28 times, for a total of 56 hours, and he was paid time and a half to run with police cadets. Compensatory time or “comp time” is time worked in excess of the mandatory 40 hour work week and it is paid at time and a half of the hourly wage rate. Being paid for the Police Academy cadet class runs violated APD policies because comp time is only supposed to be used if an officer “accomplishes some specific objective for the department.”

According to the investigation:

“Being compensated for an activity that accomplishes no specific objective is inefficient as it wastes public money that could be used for specific activities that do accomplish a specific objective for APD and the city. …”

The CPO Investigation found that while it may be physically impossible for anyone to work for 26 hours in a day, it was entirely possible and it was permitted for Simon Drobik to “bill” in excess of 24 hours in a day under existing policies using the various categories of time billed such as “straight time”, “compensatory time”, “chiefs overtime”, “holiday leave” time and “vacation time” and “time and a half time.”

The CPO investigation recommended that APD begin monitoring officers’ overtime for irregular activity and to verify why certain officers are routinely working so much overtime resulting in “compensation exceeds that of many executives in City Government.” The Civilian Police Oversight Board (CPO) unanimously agreed to sustain the agency’s findings and recommendations for the dismissal of Drobik and his former supervisor.

Not at all surprising, Shaun Willoughby, President of the Albuquerque Police Officers Association, said he believes spokesman Simon Drobik deserves every dollar he “earned” by saying:

“I don’t know a harder-working police officer than Simon Drobik. … Every single time we are given information about some atrocity inside of Albuquerque, Simon is the face that you see. He’s doing a job nobody else in the department wants to do.”

The CPO Investigation found that in reviewing Chief’s Overtime slips, the names of many of the top earners in APD were on the same Chief’s Overtime assignments that Master Police Officer 1st Class and APD spokesman Simon Drobik were on. Last year, APD Chief Geier lifted the caps on the amount of overtime officers could work each month.

The rational for lifting the cap was that APD was severely understaffed with 850 sworn police, yet budgeted for 1,040 sworn police. Chief Geier replaced the cap starting January 2019 as staffing has increased during the last year and APD is projected to have 950 sworn police by July 1, 2019.

The April 12, 2019 Police Oversight investigative report makes two major recommendations:

1. “The City of Albuquerque should ask for another Audit of APD Overtime which will include and audit of the Chief’s Overtime Program. The audit should explore the actual cost to the City of the Chief’s Overtime program versus what the Chief’s overtime program brings in. The audit should cover how many officers take time off from their regularly scheduled duty to go work a Chief’s overtime during those same hours. The audit should also explore whether or not another officer had to be called in on overtime to handle the off-duty officer’s duties on that shift on that day because the staffing level was below the 70% threshold. Lastly, the audit should determine whether or not the Chief’s Overtime Program violates the Anti-Donation Clause of the State of New Mexico.” (April 12, 2019 Police Oversight Investigation report, page 10.)

2. “APD should immediately revise its policy on overtime. Officers should be limited to working no more than 25 hours per week of overtime and that is inclusive of all overtime. The policy should prohibit officers from taking comp time or vacation from their regularly assigned duties for the sole purpose of working a chief’s Overtime assignment. APD supervisors, prior to approving a leave request, should be required to check with the Chiefs Overtime Program to make sure that the officer is not signed up for Chief’s Overtime and/or they are not taking leave to go to work a Chief’s Overtime assignment during the very same hours they are scheduled to work their assigned shift. Officers should be prohibited from working Chief’s Overtime if they are in an “on call” status. The policy should reflect any recommendations that were made by the City Auditor. Lastly, the policy should be vigorously enforced and adhered to by all APD personnel.” (April 12, 2019, Police Oversight Investigation report, page 11.)

The CPO Agency Investigation report states in bold, capital letters on page 8 of the 16-page report:

“TO BE CLEAR: THIS INVESTIGATION FOUND NO EVIDENCE OF POSSIBLE CRIMINAL ACTIVITY BY ANY OF THE PARTIES INVESTIGATED”.

Notwithstanding the asserted statement that no evidence of criminal activity by the parties was found, APD has a very dubious history when it comes to nefarious conduct with “time cards” and paying overtime.

On September 25, 2018, a grand jury indicted a former Albuquerque police officer on 10 counts of fraud, embezzlement and other charges for “time card fraud” when he was a sergeant with the department. The indictment, filed in 2nd Judicial District Court, charged James Geha, 50, with computer access with intent to defraud or embezzle over $2,500; fraud over $2,500; and eight counts of paying or receiving public money for services not rendered or in the alternative making or permitting false public voucher. Geha was alleged to have bilked the city out of $13,000 through the time card fraud.

https://www.abqjournal.com/1225465/former-police-sergeant-indicted-on-fraud-charges.html

In March of 2017, a city internal audit report revealed that the Albuquerque Police Department spent $3.9 million over its “overtime” budget resulting $13 million was paid in overtime when the actual budget was for $9 million. The audit found that too often, officers did not follow the rules when it came to get overtime pre-approved or didn’t properly submit overtime documents for “grant funded” traffic over time. According to the audit, there were potentially 38,000 cases of unapproved overtime that occurred during fiscal year 2016 based on a sampling of time cards.

https://www.petedinelli.com/2018/03/30/apd-overtime-pay-abuse-and-recruitment-tool/

https://www.petedinelli.com/2017/09/20/associated-press-story-on-apd-police-overtime/

Chief Michael Geier will decide whether officer Simon Drobik and his former supervisor will keep their jobs or if other disciplinary action should be taken, if any at all.

ALBUQUERQUE JOURNAL COVERAGE

The Albuquerque Journal with its two front page stories is the only news agency that reported in great detail the $192,973 compensation paid to APD Simon Drobik, the investigation,the reasons for the recommendation and the POB voting to recommend that Drobik be terminated along with his supervisor.

Not to be outdone by the Albuquerque Journal’s Friday, April 12, 2019 article, Channel 13 did a very short report on the CPO recommendation to fire Drobik which was in apparent response to the first Albuquerque Journal article in the morning paper, but Channel 13 failed to report in any great detail on the two CPO recommendations and failed to report on the fact that 125 police officers were paid in excess of $100,000 in 2018.

You can view the Channel 13 report here:

https://www.krqe.com/news/albuquerque-metro/cpoa-recommends-dismmissal-of-apd-spokesman/1922005778

Notwithstanding the Albuquerque Journal being on top of the story, the Journal and all 3 TV News stations, have totally ignored and have not even attempted to report on a very serious and the too prevailing practices within APD: 1) police officers are “billing” the city so much overtime that 125 of those officers are now in the top 250 list of paid city call employee’s and 2) some officers being paid 2, 3, and 4 times their base pay, with no questions asked.”

The two front page Journal articles where based on the POB Investigation and Report done in response to a citizen’s complaint filed by retired APD Sergeant Dan Klein on Dobrik’s overtime pay.

Notwithstanding the two front page stories, the Albuquerque Journal failed to report in any substantive manner on the two major recommendations made in the report:

1. Another audit of all APD Overtime should be done and
2. APD should immediately revise its policy on overtime.

POSSIBLE REASON MEDIA RELUCTANT TO REPORT APD OVERTIME ABUSE

On October 18, 2018, the online news outlet “ABQ Reports” published an article by retired APD Officer Dan Klein.

You can read the ABQ Report on line article here:

https://www.abqreport.com/single-post/2018/10/18/Why-is-Chief-Geier-Hiding-Behind-a-PIO

Part of the October 18, 2018 Klein news article was based upon a phone conversation with a local female TV reporter who defended PIO Simon Drobik because he gave them “access” to news stories. According to Klein, the reporter knew Simon Drobik would claim 2 hours of overtime every time a reporter called him, no matter how long the phone interview lasted.

Quoting the October 18, 2018 ABQ Report article:

“When the original story on Drobik’s earnings came out I was told by a local reporter that since Drobik is a PIO he clocks “EVERY SINGLE INTERVIEW HE GETS CALLED FOR. THAT INCLUDES PHONE CALLS WITH THE MEDIA This reporter stated that Drobik is called multiple times a day and that this is where his tremendous overtime earnings come from.”

The ABQ Report as to where Drobik’s tremendous overtime earnings come from should come as no surprise to anyone.

It is common knowledge among government officials and elected officials that news reporters develop sources and friendship’s in order to establish a working relationship with them to get news leads and confidential source information on news stories. There are times that elected officials will go so far as hiring news reporters.

The previous Republican Mayor Administration employed a Channel 4 news reporter as the Mayor’s Public Information Officer who later returned to Channel 4 as an investigative reporter, employed a former Albuquerque Journal reporter for 8 years who later became the “Real Time Crime Center Director and then went to work for Channel 7 as an investigative report news director, and a former Chief Public Safety Officer was employed as a news reporter at Channel 13.

PIO Simon Drobik is a news source and it is common knowledge at city hall and with APD sources that he has developed very good relations with many TV news reporters, with sources saying too close to reporters.

It is a common practice among elected officials, government officials and public information officers to actually deny access to reporters when they want to “stone wall” a story in order to kill a damaging story.

High ranking officials with the previous Republican Mayor Administration, including the Chief Administrative Officer, were known to threaten news reporters.

The previous Republican Mayor Administration was also known for denying news reporters access to city information and interviews and known to give preferential treatment to certain news agencies over others because of their personal contacts and prior employment relationships with news directors for the stations.

There has been absolutely no or very little reporting by TV news stations Channels 4, 7 and 13 regarding the Police Oversight Board Agency Investigation and the Police Oversight Board voting to unanimously to recommend that PIO Simon Drobik be fired.

Further, the TV news stations Channels 4, 7 and 13 have made no reports on the extent of police overtime paid.

The single most likely reason that there has been no TV news coverage of the APD overtime story is it that the news stations and their reporters are concerned that they will denied access to information by APD and its PIO’s regarding the news crime stories that dominate their news casts that is vital to their TV news ratings.

BASE WAGES AND LONGEVITY PAY

In order to understand the full extent of the excessive amount of overtime payed to any police officer, a review of the base pay and longevity bonus pay to police officers is in order.

APD HOURLY WAGES PAID

Starting pay for an APD Police Officer immediately out of the APD academy is $29 an hour or $60,320 yearly. (40-hour work week X 52 weeks in a year = 2,080 hours worked in a year X $29 paid hourly = $60,320.)

Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly. (40-hour work weeks in a year X 52 weeks in a year = 2,080 hours worked in a year X $30 paid hourly = $62,400.)

Senior Police Officers with 15 years or more experience are paid $31.50 an hour or $65,520 yearly. (40 hours work in a week X 52 weeks in year = 2,080 hours worked in a year X $31.50 = $65,520.)

The rate for APD Sergeants is $35 an hour, or $72,800. (40-hour work week X 52 weeks in a year = 2080 hours worked in a year X $35.0 paid hourly = $72,800.)

The rate for APD Lieutenants pay is $40.00 an hour or $83,200. (40-hour work week X 52 weeks in a year = 2080 hours worked in a year X $40.00 = $83,200.)

APD LONGEVITY BONUS PAY

APD police officers are also paid longevity bonus pay at the end of a year as follows:

For 5 years of experience: $100 are paid bi-weekly, or $2,600 yearly
For 6 years of experience: $125 are paid bi-weekly, or $3,250 yearly
For 7 to 9 years of experience: $225 are paid bi-weekly, or $5,800 yearly
For 10 to 12 years of experience: $300 are paid bi-weekly, or $7,800 yearly
For 13 to 15 years o experience: $350 are paid bi-weekly, or $9,100 yearly
For 16 to 17 years or more: $450 are paid bi-weekly, or $11,700 yearly
For 18 or more years of experience: $600 are paid bi-weekly, 15,600 yearly

124 OF 250 TOP PAID CITY HALL EMPLOYEES ARE APD SWORN POLICE OFFICERS

At the end of each calendar year, City Hall releases the top 250 wage earners at city hall. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1 to December 31 of any given year. The City of Albuquerque has updated the list of the 250 top wage earners at City Hall for 2018. You can review the entire list of all 250 top wage earners in the link in the below postscript.

The listing of the city’s 250 top wage earners includes 124 APD sworn police as the top wage city hall wage earners. The list of 124 include patrol officers first class, sergeants, lieutenants, commanders the deputy chiefs, and the chief with annual pay for the year 2018 ranging from $101,000 a year up to $192,937 all under the Keller Administration.

APD CHIEF UPPER COMMAND STAFF

All 5 of the APD top command staff are “unclassified positions” and serve at the pleasure of the Mayor, can be terminated without cause and arguably the positions are 24/7 jobs.

The salaries Mayor Keller is paying his top APD command staff are significantly less than many Police Officers 1st Class, Sergeants and Lieutenants and are as follows:

Geier, Michael PD-Police Chief of Police, $159,513.60
(Former APD Chief Gordon Eden was paid $166,699)
Garcia, Eric JPD-Police PDP Deputy Chief, $134,249.53
Gonzalez, Arturo EPD-Police PDP Deputy Chief, $126,199.92
Banez, Rogelio NPD-Police PDP Deputy Chief, $123,856.00
Medina, Harold PD-Police PDP Deputy Chief, $123,856.00

TOTAL RANGE PAID CHIEF COMMAND: $123,856.00 to $159,513.60.

The names and salaries paid to other sworn police other than the APD Chief Command staff include:

PAY RANGE $151,313 TO $192,000

Drobik, Simon – Master Police Officer 1st Class $192,937.23.
Johnson, Brian APD- Senior Police Officer 1st Class: $166,692.01.
Garza, Ramiro JPD- Senior Police Officer 1st Class: $163,223.63.
Hollier, Jeremy BPD-Police, PE1, Senior Police Officer 1st Class: $160,692.06.
Canales, LadioPD-Police, Senior Police Officer 1st Class: $152,876.94.
Redhouse, Leighton – Senior Police Officer 1st Class: $151,313.71.

PAY RANGE $126,162.80 TO $144,510.44.

Bassett, Jeremy, Police Lieutenant, $144,510.44.
Martinez, Yvonne, Master Police Officer 1st Class, $144,421.25.
McCumber, Wayne – Master Police Officer 1st Class $142,033.83.
Correia, Donald RPD- Senior Police Officer 1st Class, $140,755.81.
Maes, Kelly RPD- Senior Police Officer 1st C1ass, $138,318.85.
McElroy, Matthew PD-Police Sergeant, $138,158.09.
Lehocky, Andrew , Master Police Officer 1st Class $137,449.07.
Languit, Luke CPD-Police Lieutenant, $134,328.74.
Price, Bryan HPD-Police Sergeant, $133,880.63.
Mc Carson, Timothy, Senior Police Officer 1st Class $132,742.86.
Rico, Michael KPD-Police Senior Police Officer 1st Class $132,740.13.
Kenny, Sean PPD-Police Sergeant $132,604.80.
Parsons, Scott – Police Lieutenant, $131,519.64.
Frick, Sean, APD Lieutenant, $131,375.48.
Pearson, Nicholas, Master Police Officer 1st Class, $130,077.97.
Hernandez, Francisco Senior Police Officer 1st Class, $128,887.30.
Burchell, Edward – Master Police Officer 1st Class, $127,987.25.
Stockton, Robert MPD-Police Sergeant, $127,612.72.
Patterson, Christopher APD-Police Sergeant, $127,557.19.
Hernandez, Michael FPD-Police Sergeant $127,456.76.
Arnold, Jerry, Police Officer 1st Class $127,409.90.
Martinez, Vicente, Senior Police Officer 1st Class $126,798.71.
Breeden, Charles, Senior Police Officer 1st Class $126,300.45.
Wetterlund, Christopher, Senior Police Officer 1st Class $126,162.80.

PAY RANGE $113,498.98 TO $125,088.48

Economidy III, Byron, Senior Police Officer 1st Class $125,088.48.
Schmidt, Matthew -Police Sergeant $124,581.73.
Sandoval, Albert, PD-Police Sergeant $124,555.16.

The six figure salaries being paid to sworn police are directly attributed to “overtime” worked by those sworn police officers.

You can read the full listing of the names and salaries paid the 124 sworn police in the top 250 paid city hall employees in the below postscript.

ANALYSIS AND COMMENTARY

It is downright pathetic that the CPO Agency Investigation report states in bold, capital letters:

“TO BE CLEAR: THIS INVESTIGATION FOUND NO EVIDENCE OF POSSIBLE CRIMINAL ACTIVITY BY ANY OF THE PARTIES INVESTIGATED”.

The truth is, the Director of the CPO Agency Ed Harness as well as the CPO Agency investigator who prepared the report are not bona fide prosecuting law enforcement officials. The civilian Police Oversight Board does no have the authority nor is it empowered to determine nor pronounce that there is “no evidence of possible criminal activity.” Such authority lies with the District Attorney or the Attorney General and such decisions have been made before in the past.

PROBLEMS WITH POLICE OVERTIME

The six figure salaries being paid to sworn Patrol Officers 1st Class are directly attributed to “overtime” worked by those sworn police officers which is very problematic. From a personnel management standpoint, when you have a select few that are taking home the lion’s share of overtime, it causes moral problems with the rest. Consecutive shifts or excessive overtime for any police officer can lead to extreme fatigue, emotional burnout and reduce an officer’s alertness and response times and reflexes that can endanger lives and public safety. Excessive overtime paid is a red flag for abuse of the system, mismanagement of police resources or the lack of personnel.

APD has added approximately 100 police officers as a result of increases in pay and an aggressive recruitment program and bonus pay. APD is projected to have upwards of 980 sworn police by July 1, 2019. Last year, APD spent $11.5 million paying sworn police overtime and in the 2019-2020 budget it is asking for even more for overtime. The city budgeted $9 million in police overtime in the 2019 fiscal year, which ends in June 30, 2019. When APD exceeds its overtime budget, it is to the detriment of other city departments and other city employees. The additional funding must be found somewhere else, either by taking it from other departments and programs, budget cuts or cost saving measurements.

“Chief’s Overtime” has been very controversial. Arguments made by police oversight civilian advocates include the city is subsidizing private businesses over the best interest of areas of the city with high crime rates. Last year, more than 100 businesses took part in chief’s overtime, and for 16 months APD officers were allowed to work as much chief’s overtime as they wanted.

On January 30, 2019, the Albuquerque Police Department (APD) announced it was placing a “cap” on how much overtime police officers can work in a week. APD Spokesperson Gilbert Gallegos said at the time that through March of 2019, APD police officers would only be allowed to work 25 hours of chief’s overtime per week. APD also announced it would be increasing what is being charged to private businesses for “Chief’s Overtime” to take into account recent APD pay raises. The hourly charge for Chief’s Overtime has to be comparable to an APD Officer’s hourly pay working for the department. However, APD has not announced if the 25-hour cap on overtime has been made permanent.

https://www.petedinelli.com/2019/01/31/highest-paid-city-hall-employees-are-police-cap-on-police-overtime-pay-long-overdue/

https://www.krqe.com/news/albuquerque-metro/apd-places-limit-on-hours-of-overtime-officers-can-work-each-week/1724891754?fbclid=IwAR1UMy6HjOrG4YSVsz5ofIs4klWAu1BunYm6fD–417kuSgf9m4k2rN6G_0

APD UNION PRESIDENT HYPOCRISY

It is so damn laughable when Police Union President Shaun Willoughby says “[Simon Drobik is] doing a job nobody else in the department wants to do”. The truth is APD employs any number of public information officers, including civilian APD civilian Public Information Officer Gilbert Gallegos who is paid $43.65 an hour or $90,79O yearly. APD has also hired an Assistant Chief for Public relations. On October 18, 2018 Mayor Tim Keller announced the appointment of Elizabeth Armijo as a Deputy Chief of Staff at APD in charge of public and media relations. At the time of her hire, the Keller Administration did not announce the salary paid to Elizabeth Armijo, but Deputy Chiefs are normally paid between $125,000 to $140,000 a year in salary, not including benefits.

https://www.petedinelli.com/2018/10/30/apd-deputy-chief-of-staff-in-charge-of-media-relations-is-political-damage-control-position/

Union President Shaun Willoughby going to the defense of APD spokesman Sergeant Simon Drobik is a prime example why Public Information Officers, who are part of management, have no business being in the APD police bargaining unit, especially when they are the PIO for management and the command staff. Willouby no doubt is going to Drobik’s defense only because Drobik’s is in the collective bargaining unit. Willoughby feels his job duties include going to the defense of any and all police officers in the bargaining unit and justifying their actions even when the officer willfully and intentionally violates SOP and engages in misconduct.

It is obscene greed by Union President Shaun Willouby that any police officer should be paid twice for time worked for the identical time for two jobs. The realty Willouby does the exact same thing himself for all intense and purposes. Willouby is a full-time paid police officer and he is also paid a union salary, so when you see Willouby giving interviews or doing union business during APD business hours, he is essentially being paid for both jobs at the same time. What is further doubling is Willouby appears to do more interviews on APD policy than APD Chief Geier or Mayor Tim Keller, giving the very misleading appearance that he is representing management.

REMOVE MANAGEMENT FROM UNION BARGAINING UNIT

APD police sergeants and lieutenants are the ones on the front line to enforce personnel rules and regulations, standard operating procedures, approve and review work performed and approve police overtime and Chiefs Overtime. All Police Officers 1st class, Sergeants and Lieutenants are “classified positions” and part of the police union, they cannot be terminated without cause and have appeal rights and remedies under the personnel rules and regulations and have protections under their collective bargaining agreement between police and the city. Public Information Officers are also part of management.

Police Officers 1st class are not part of management and have every right to be represented by a union to negotiate wages and benefits. APD Sergeant, APD Lieutenants and APD Public Information Officers need to be made “at will” and unclassified and removed from the union bargaining unit to reflect they are management and in order to get a real buy in to APD management’s goals.

DO AS I SAY, NOT AS I DO

It is likely that APD Chief Michal Geier will do absolutely nothing to discipline and will not terminate APD public information Officer Simon Drobik nor his direct supervisor as recommended by the Police Oversight Board. It was Chief Geier who lifted the cap in 2018 and he approved the police contracts to provide and charge police security to private businesses. No doubt that the Chief was fully aware of the overtime problem and he knew of the abuse. It was brought to his attention last year by independent on line news publication ABQ Reports, who did and inspection of public records request to secure time slips. Chief Geier did nothing to curb the abuse.

When Tim Keller was New Mexico State Auditor, he became the “white knight” champion to find and stop “waste, fraud and abuse” of taxpayer money by government officials and employees. As State Auditor, Keller went so far as to create a “fraud investigation unit” hiring investigators to ferret out waste, fraud and abuse by government officials and employees. Keller’s audits of state and city governments garnered him extensive press coverage and public support that no doubt helped with his successful campaign to become Mayor of Albuquerque. Keller became Mayor less than two years after being elected State Auditor and resigned with two years left in his term as auditor. Mayor Keller is given credit for asking for the investigation of Drobik’s overtime. Mayor Keller now needs to “walk the walk” himself and put a stop to any “waste, fraud and abuse” when it comes to APD overtime within the very city government he now heads.

It is true that Mayor Tim Keller cannot be involved in personnel decisions for classified employees like Drobik, but he damn well sure can order the recommended audits, put a cap of 25 hours on overtime and order the complete revamping of APD overtime policies. However, Mayor Keller may be reluctant to order the total and complete revamping of APD overtime policies given the fact that he was endorsed by the police union and probably still feels indebted to the union and will want the unions support when he runs for reelection in 2021.

One action that would clearly stop “overtime abuse” would be for Chief Geier or Mayor Keller to order as a condition of work or return to work a refund of all the overtime paid during the time an officer is doing two jobs at once and being paid twice in violation of APD standard operating procedures.

Further, Mayor Tim Keller can and should refer the entire CPO Investigative report to the Bernalillo County District Attorney or the Attorney General and allow them to determine if there is “no evidence of possible criminal activity by any of the parties investigated” as well as others.

POSTSCRIPT

The 124 sworn police officers who were paid between $101,633.11 to $192,037 for 2018 calendar year under the Keller Administration and their names and their pay are as follows:

POLICE OFFICERS PAID $151,313 TO $192,000

POLICE OFFICERS PAID $126,162.80 TO $144,510.44.

POLICE OFFICERS PAID $113,498.98 TO $125,088.48

Economidy III, Byron, Senior Police Officer 1st Class $125,088.48.
Schmidt, Matthew -Police Sergeant $124,581.73.
Sandoval, Albert, PD-Police Sergeant $124,555.16.
Jones, Aaron M., PD-Police Sergeant $122,687.41.
Solis, Emmanuel, PD-Police Officer 1st Class $120,859.89.
Solis, Brenda, – Senior Police Officer 1st Class $120,202.55.
Haugh, Paul, – Police Sergeant $116,785.41
Frazier, Jared Senior Police Officer 1st Class $116,584.31
Pitzer, Brian -Police Sergeant $116,233.46
Mcpeek, Luke, Police Officer 1st Class, $116,079.13
Brown, Jason, Police Officer 1st Class, $116,019.57
Altman, Steve APD- Police Lieutenant, $115,945.46
Pholphiboun, Phetamphone – Senior Police Officer 1st Class 115,789.25
Garcia, Jennifer, Police Lieutenant $115,466.52
O’Neil, Craig -Police Master Police Officer 1st Class, $115,449.83
Walsh, Johnathan – Senior Police Officer 1st Class, 115,362.83
Vigil Jr, Thomas – Police Officer 1st Class, $114,873.36
English, Michelle – Senior Police Officer 1st Class, $114,843.40
Martinez, Dominic- Police Sergeant $114,744.44
Avila, Michael APD-Police Senior Police Officer 1st Class, $114,608.23
Acosta, Arthur – Master Police Officer 1st Class, $114,301.75
Velarde, Mark – APD-Police Commander, $113,775.47
Hernandez Jr, Jimmy – Senior Police Officer 1st Class, $113,711.03
Duda, Christopher – Police Officer 1st Class $113,686.70
Nelson, Eric -Police Sergeant, $113,676.40
Swessel, Robert APD-Police Master Police Officer 1st Class, $113,631.63
Trebitowski, Justin, Police Sergeant, $113,498.98

POLICE OFFICERS PAID $109,315.89 TO $112,516.27

Chavez, Matthew Police Sergeant, $112,516.27
Griffin, David Senior Police Officer 1st Class, $112,184.05
Shook, Michael. Senior Police Officer 1st Class, $112,127.41
Lujan, Jude -Police Sergeant, $112,105.32
George, Christopher -Police Commander, $112,051.14
Lowe, Cori MPD-Police Lieutenant $112,042.96
Jojola, Eric, -Aviation, Senior Police Officer 1st Class $112,012.36
Curtis, Kyle -Police Sergeant, $111,713.00
Rogillio, Justin Senior Police Officer 1st Class, $ 111,459.55
Hernandez, Armando F. Senior Police Officer 1st Class, $111,333.69
Geno Virgil -Police Master Police Officer 1st Class, $110,790.71
Tafoya, Dennis -Police Sergeant $110,515.94
Westbrook, Jason, Police Sergeant, $110,467.02
Martinez, Christopher Police Officer 1st Class 110,462.11
Deyapp, Lena, Lieutenant $110,409.49
Franklin, Daniel Senior Police Officer 1st Class 110,353.90
Barraza,ReneP -Police Lieutenant $110,322.89
Lewandowski, Kamil – Senior Police Officer 1st Class, $109,704.42
Espinosa, Timothy, -Police Lieutenant $109,431.88
Sanchez Jr, Arturo – Commander $109,377.75
Burke, Joseph MPD-Police Commander $109,324.78
Middleton, Robert LPD-Police Commander $109,315.89

POLICE OFFICERS PAID $105,076.20 TO $108,946.45

Montano, JoshuaPD- Senior Police Officer 1st Class, $108,946.45
Rivera, Donovan JPD-Police Lieutenant, $108,887.81
Richards,Joshua , Police Sergeant $108,769.94
Champine,Daniel, Master Police Officer 1st Class $108,688.47
Hotle, Timothy Senior Police Officer 1st Class, $108,637.13
Saladin, David Police Lieutenant, $108,530.11
Henckel, Louis, Senior Police Officer 1st Class, $108,025.43
Sanders, Nicholas, -Police Lieutenant $107,908.60
Wallace,Sean, -Police Lieutenant $107,162.20
Griego, Jon JPD-Police Commander $107,107.76
Anderson, Hollie , Police Sergeant $107,028.92
Hernandez, Kevin, Police Officer 1st Class $106,998.58
Abernathy, Jeffery, Police Sergeant, $ 106,746.23
Willsey, Cody, Police Officer 1st Class $106,555.32
Barnard, Jeffery R.PD-Police Sergeant $106,080.11
Miller, Michael -Police Commander $106,066.92
Sanchez, Jose -Police Lieutenant $106,009.53
Burton Whitney N., PD- Senior Police Officer 1st Class, $105,751.51
Duran, Paul -Police Commander $105,715.70
Ortiz, JamesPD-Police Sergeant, $105,650.05
Pelot, Jerrod, Senior Police Officer 1st Class, $105,625.48
Landavazo, Mark -Police Sergeant, $105,556.20
Collins, James WPD-Police Commander, $105,551.20
Reeder, Matthew -Police Sergeant $105,384.17
Campbell, Michelle MPD-Police Commander, $105,076.20

POLICE OFFICERS PAID $101,633.11 TO $104,987.69

Luna, Michael APD- Master Police Officer 1st Class, $104,987.69
Brodbeck, Michael, – Police Sergeant $104,444.00
Simmons, Ferris APD- Police Lieutenant $104,370.87
Hunt, Justin, Police Sergeant, $104,240.59
Edmonson, Larry RPD-Police Master Police Officer 1st Class $103,980.08
Porlas, Dwight -Police Master Police Officer 1st Class $103,913.13
Candelaria, Deirdre -Police Master Police Officer 1st Class $103,714.21
Sather, Jonathan CPD-Police Lieutenant, $103,570.91
Cottrell, Zakary FPD-Police Lieutenant, $103,508.14
Juarez, Terra – Master Police Officer 1st Class, $103,502.51
Wild, Amanda -Police Sergeant $103,327.14
Olvera, Donovan, -Police Commander, $103,164.40
Groff, Matthew SPD- Senior Police Officer 1st Class, $103,119.45
Oates, Michael, Senior Police Officer 1st Class, $103,023.11
Brown, Eric- Police Sergeant $102,843.60
Babcock, Tod, Master Police Officer 1st Class $102,420.66
Jones, Michael, Senior Police Officer 1st Class $102,357.23
DeAguero, Daren JPD- Senior Police Officer 1st Class $102,060.09
Meyer, Jesse, Master Police Officer 1st Class $102,001.77
Roach, Gerald, Master Police Officer 1st Class, $101,968.25
Moreno, Alan Police Officer 1st Class, $101,633.11

You can review the full 2018 listing of all 250 top paid city hall employees at the City of Albuquerque web page.

CHAPTER 4: Point-Counter-Point With The Albuquerque Journal On Energy Transition, Minimum Wage, Right To Work, Ethics Commission And Hemp

Posted on April 12, 2019 by

On Sunday, April 7, 2019 the Albuquerque Journal published a lengthy editorial regarding the 2019 New Mexico Legislative session and what it accomplished.

The editorial was entitled “Governor’s Signature on Raft of 2019 Legislation Changes the Sate Landscape in Many Areas”. You can read the complete editorial here for the paragraphs about to be cited:

https://www.abqjournal.com/1300487/a-new-look-for-nm.html

Not at all surprising, the Albuquerque Journal editorial offers a very conservative and very Republican observation of the session and for that reason merits a point-counter point to the legislation they editorialized on by a Democrat as to each paragraph. Because of the length of the editorial, this article is the fourth and final article in a series of articles to take issue with many of the editorial comments.

This article is the fourth and final article in a series of articles to take issue with many of the comments in the Journal editorial on energy transition, minimum wage, right to work, ethics commission and hemp from the perspective of a democrat.

JOURNAL EDITORIAL POINT:

“Perhaps the pinnacle of legislation Lujan Grisham signed made good on her campaign promise to put green energy front and center. The Energy Transition Act commits New Mexico to a carbon-free energy system within 25 years and puts the state out in front in the battle to mitigate climate change.”

COUNTER POINT:

The Journal calling the Energy Transition Act “the pinnacle of legislation” is a major overstatement and why it was listed as the first accomplishment is puzzling. The legislation requires that 80% of the state’s power from large utilities must come from “renewable energy” sources by the year 2040 and be 100% carbon free by 2045. The renewable energy bill makes New Mexico competitive with the most ambitious states transitioning to green power. Critics argue the 20 to 25-year deadlines are unrealistic and simply not enough time to transition to renewable energy. Although the green Energy Transition Act is clearly important, its measure of success will take time to determine.

JOURNAL EDITORIAL POINT:

“When it comes to doing business here, the governor was able to sign off on a minimum wage compromise that tries to balance employee and employer concerns by phasing in increases, to $9 hourly next year and $12 by 2023, keeping but increasing tip wages, and not mandating increases tied to a national index in perpetuity.”

COUNTERPOINT

The Albuquerque Journal conveniently ignored that New Mexico’s minimum wage has been $7.50 an hour for way too many years. The former Republican Governor resisted for 8 years any and all increases to the minimum wage.

The failure of the State to increase the minimum wage resulted in many municipalities having different wage rates and to take things into their own hands and for example:

The City of Santa Fe Living Wage Ordinance was adopted to establish minimum hourly wages. Effective March 1, 2019 all employers are required to pay employees an hourly wage of $11.80 per hour. This includes part-time and temporary employees.

Starting January 1, 2019, the minimum wage in Albuquerque became $8.20 if the employee’s employer provides healthcare and/or childcare benefits to the employee during any pay period and the employer pays an amount for these benefits equal to or in excess of an annualized cost of $2,500.00.

In Las Cruces, New Mexico, the City Council in 2014 approved a three-step increase in the minimum wage. In January 2019, the final step increased the minimum wage from $9.20 an hour to $10.10 an hour. The current rate is $9.20 per hour. Governor Michelle Lujan Grisham campaigned on raising the statewide minimum wage to $12 an hour by 2021.

The bill the Governor signed increases the minimum wage from $7.50 to $9 next year, and it would increase over four-year period to $12 an hour as follows:

$10.50 an hour on Jan. 1, 2021.
$11.50 an hour on Jan. 1, 2022.
$12 an hour on Jan. 1, 2023.

State law on the minimum wage will preempt municipal law only if the hourly state minimum wage amount is greater than the municipalities.

On the national level, many running for President are advocating a $15-dollar minimum wage as a living wage.

JOURNAL EDITORIAL POINT:

“She also approved opening the state up to a new industry – the production, research and manufacturing of hemp – that should create a new private-sector revenue stream and help diversify our agricultural economy.”

COUNTER POINT:

Hemp has the potential of becoming one of New Mexico’s major cash crops. Hemp is a relative of marijuana, but it has none of the chemicals in marijuana that causes people to become high like marijuana. Hemp grown in New Mexico could easily be sent to in-state manufacturers, who could turn it products such as clothing and CBD oil products. Two years ago, the same legislation past both the Senate and House, but not at all surprising it was vetoed by former Republican Governor “She-Who-Must-Not-Be-Named” with many speculating that her veto was a vindictive action against the sponsors of the bill or she, as a former prosecutor, thought people would try and smoke it to get high.

https://www.petedinelli.com/2019/02/19/hemp-has-potential-of-being-new-mexicos-next-biggest-cash-crop/

JOURNAL EDITORIAL POINT:

“However, the governor ignored the will of residents in 10 counties and banned “right-to-work” ordinances, which bar unions from collecting fees from non-members.”

COUNTER POINT:

This comment is misleading if not downright false. It was the County Commission’s in 10 counties that enacted the “right to work” ordinances and not the “will of the residents” in that none of the ordinances were placed on the ballot for voter approval. Further, it was the New Mexico Legislature who banned “right-to-work” ordinances, and they represent virtually all residents in New Mexico.

A right-to-work law allows workers to opt out of union membership and dues and still keep their job but benefit from what a union accomplishes for its membership. According to the New Mexico Bureau of Labor Statistics only 8% of New Mexico workers are represented by labor unions. In other words, 92% of New Mexico employees are not in a union and not represented at all by a union, yet Republicans and the Journal harp on enactment of “right to work” laws. The private sector, especially the construction industry, want a state wide right to work law in order to refuse to negotiate with the trade unions, such as carpenters, electricians, and plumbers in order to pay less than the prevailing wage rates and not to pay benefits other than wages.

When it comes to New Mexico, right to work legislation has always been a very popular Republican issue along with the false claim such laws will attract new industry to New Mexico. Hell, not even huge corporate tax cuts attracted new industry to New Mexico! The truth is right to work are nothing more than an attack on labor unions when it comes to New Mexico in that they represent mostly city, county and state government employees such as police, sheriff deputies, firefighters, public school teachers and blue-collar workers. The 10 of the state’s 33 counties that have enacted so-called right-to-work laws do not have the power to enact such laws any more than they can cut tax rates for corporations. The power to enact right to work laws rests exclusively with the New Mexico legislature.

https://www.santafenewmexican.com/news/legislature/bill-voids-local-right-to-work-measures-backing-unions/article_be9ad210-7dcd-5796-bffc-3c969981d469.html

JOURNAL EDITORIAL POINT:

“After years of trying and numerous attempts to hijack the legislation, New Mexico will finally have an independent ethics commission. Hard-fought compromises protected most of the public’s right to know what allegations are being leveled at their elected officials.

And lobbyists will now have to report their cumulative spending on individual meals or other items that cost less than $100 each, giving the public a better idea of who is trying to influence their lawmakers.”

COUNTER POINT:

On November 5, 2018, New Mexico voters overwhelmingly voted with a three-quarters majority for a constitutional amendment to establish an independent statewide ethics commission. According to the National Conference of State Legislatures, New Mexico was 1 of only 6 states without a statewide ethics commission. The Journal failed to acknowledge that the legislature did its job and did exactly what they were suppose to do as voters demanded.

The ethics commission is authorized to look at alleged misconduct by state officers as well as employees of the executive and legislative branches, plus candidates, lobbyists, government contractors and those seeking government contracts. The new commission has broad powers, including the ability to subpoena witnesses which is absolutely necessary to empower the commission with real authority to investigate. The new law also gives the commission the authority to issue “advisory opinions” to help elected and government officials to avoid “accidental” violations of the campaign finance laws.

JOURNAL EDITORIAL POINT:

Lujan Grisham’s signature also made the state a little safer for those New Mexicans subject to guardianship and conservatorships, giving them and those who care about them a greater voice in the process that can turn over their lives and finances to a court-appointed stranger. It’s an important provision that builds on the state’s monumental guardianship reforms of 2018.

COUNTER POINT:

No counter point required. The enacted legislation to guardianship and conservatorship laws is long overdue and strengthens the guardianship reforms of 2018.

JOURNAL EDITORIAL POINT:

“… New Mexico’s landscape got much-needed protections this session. In addition to creating an office of outdoor recreation to better capitalize on the many amazing places to visit in the state, the governor approved changes that give the Oil Conservation Division authority to directly impose penalties on oil and gas operators, raise fines for violations for the first time since 1935 and set new rules for oil and gas operators to follow regarding brackish water. And she approved the ban on the brutal and disturbing practice of killing as many coyotes as possible for prizes. It is unfortunate lawmakers did not send her a ban on trapping as well.”

COUNTER POINT:

No counter point offered and legislation enacted does indeed provide much need protections. A ban on all trapping is needed and should be enacted during the 2020 legislative session.

JOURNAL EDITORIAL POINT:

“As long as this list [is in the editorial], it represents a fraction of what our elected state representatives, senators and governor lived and breathed over 60 days. Whether you agree with the outcomes or not, they each deserve our thanks for their time and dedication to trying to make New Mexico a better place.”

COUNTER POINT

Conspicuously absent from the Albuquerque Journal editorial was any mention of expanding tax credits for film and television productions. Perhaps it because the Journal was opposed to any changes. Governor Michelle Lujan had called upon the legislature to abolish the annual $50 million cap on film rebate spending cap, but the legislature instead more than doubled it.

On March 29, 2019, Governor Michelle Lujan Grisham signed a law expanding tax credits for film and television productions in a bid to bring more business to New Mexico’s studios as well as its cinematic mesas and small towns. The bill also pays off up to $225 million in tax credits already owed to the film and television industry. The film and television industry has hit the $50 million annual cap on tax credits in recent years, leaving the state with a backlog of $382 million through fiscal year 2023.

The new law more than doubles the original cap of $50 million to up to $110 million in in tax credits for film and television productions each year. That cap does not apply to production companies that have purchased or signed a 10-year lease for facilities, like Netflix, which is setting up shop in Albuquerque. The new law also provides an additional 5 percent credit for productions more than 60 miles outside of Bernalillo and Santa Fe counties, a measure that proponents argued would promote the industry in cities like Las Cruces as well as in rural areas of the state. The law also requires the state to collect additional data on how the credits are used.

https://www.santafenewmexican.com/news/local_news/governor-signs-bill-to-boost-film-tv-production/article_5e2826b0-7a90-59ad-bc35-51c37b79c51e.html

Simply put, the film industry creates jobs for New Mexicans. The New Mexico film industry expands each year in large part because of the tax credits. Jobs will also be created in ancillary or supportive industries such as food catering, cleaning and maintenance and security. Increasing the cap for film and television production will most assuredly help the industry expand even further. With the incentive subsidies, the State economy will continue to benefit from continued millions in direct spending that will improve the economy. With the Nextflex purchase of ABQ Studios, the State now has a major production and distribution company hub that will produce projects on a consistent time line for at least 10 years and probably more.

https://www.petedinelli.com/2019/01/09/film-industry-biggest-hope-to-diversify-new-mexico-economy/

JOURNAL EDITORIAL POINT

“As for those laws that didn’t make it or don’t work out? Well, there’s always next session.”

COUNTER POINT

There was an extensive list of laws that did not make it or did not work out.

Governor Lujan Grisham is already thinking about future legislative sessions saying she will probably champion some of the failed 2019 legislative measures in the 2020 legislative session.

Significant legislation that failed in the 2019 legislative session that merits consideration and in all likely will be introduced and perhaps enacted in the 2020 or 2021 legislative sessions include:

1. The legalization, regulation, taxation and sale of recreational marijuana by state run facilities. The measure was defeated and tabled by the Senate Finance committee after it had passed the New Mexico House. What also failed was legislation making possession of “all types of drugs” a misdemeanor and not a felony.

2. The legislature failed to repeal the 1969 law that criminalizes abortion, except in cases in rape. The law criminalizing abortion is not enforceable as a result of the United State Supreme Court ruling in Rowe vs Wade that legalized abortions. “Right to choose” advocates are concerned that the United States Supreme Court will reverse the Roe vs. Wade decision now that conservatives control the court.

3. The proposal to tapping into the “Land Grant Permanent Fund” for early childhood care failed after a full year of intense discussion during the 2018 election cycle.

4. Allowing courts to order the temporary taking guns from people found by the court to be an immediate threat to life and safety failed. Also failing was creating a criminal offense and penalties for failing to properly secure firearms around children. Parents or guardians who did not properly secure firearms resulting in a child being shot would have been subject to criminal charges.

5. Legislation allowing “terminally” ill patients to secure a physician’s help for “end of life” measures.

6. A cap on interest rates for “payday loans” at 36%. New Mexico in essence has no “usury laws” prohibiting exorbitant interest charged on loans. Payday loans are considered by many as predatory loans on the poor.

7. Increasing the gasoline tax rate by 10 cents per gallon for road repairs and maintenance failed.

8. Allowing cities, such as Hobbs, in the oil patch to impose a 5% “tenancy tax” on long term renters failed.

9. A proposal requiring lobbyists to disclose the bills they substantially work on during a legislative session was rejected and killed.

10. The legislature voted against revising the “three strikes and you’re out” law mandating the imposition of a life sentence be imposed when a person is convicted a third felony. Also failing was legislation amending the criminal code eliminating the statute of limitations for second degree murder.

11. A measure that would require lawmakers make public how they allocate the funding they are given for infrastructure money for their districts died on the Senate floor after lawmakers expressed fears that such information would become politicized when they run for reelection. About $380 million this year has been allocated to lawmakers to spend in their individual districts at their discretion.

12. Imposing a four-year moratorium on “fracking” for oil and gas production failed. This should not come as any surprise given the oil and gas boom going on in Southern New Mexico in large part because of fracking that has resulted in a $2 Billion surplus to New Mexico.

COMMENTARY AND ANALYSIS

The accomplishments and legislation enacted during the 2019 New Mexico legislative session is a striking departure from the previous 8 years of downsizing government to avoid any and all tax increases at all cost even if they were necessary by a Republican Governor. Downsizing and budget cuts and suppressing government employee wage increases resulted in a major impact on essential services and resulted in a failed public education system.

Gone is Republican Governor “SHE WHO MUST NOT BE NAMED” that for the full 8 years she was in office was vindictive, mean spirited and condescending to legislators. Republican Governor “SHE WHO MUST NOT BE NAMED” lacked all ability and had no background to work with the New Mexico legislature to get things done and soon lost credibility with her zealous use of the veto pen, even on legislation that would pass overwhelmingly with bi partisan support.

Gone was the “all crime, all the time” legislative session where the former Republican Governor demanded changes in New Mexico’s criminal laws, including reinstatement of the death penalty and repeatedly seeking to toughen criminal sentences for a host of offenses without even attempting to address the root causes of crime: poverty, drug abuse intervention, poor education, unemployment and social intervention.

Governor Michelle Lujan Grisham accomplished more in 60 days than Republican Governor “She Who Shall Not Be Named” did in her two terms and 8 years as Governor.

Governor Michelle Lujan Grisham and the 2019 Democratic control legislature can take great pride and credit for a very consequential session. The accomplishments of the 2019 Legislative session was a reflection of government elected officials who understand how government is supposed to work with compromise and communication and not confrontation. More importantly, the accomplishments are a reflection of elected officials who understand the needs of the people of New Mexico and who are fully committed to getting things done.

As we say in New Mexico: “THEY DONE GOOD!”

______________________________________________________________________________

POSTSCRIPT

You can review all four “Point-Counter-Point With The Albuquerque Journal” articles by clicking on the below links:

Chapter One: Point-Counter-Point With The Albuquerque Journal On “Open Primaries”, Election Day Registration And Voter Registration

Chapter Two: Point-Counter- Point With The Albuquerque Journal On Public Education Funding And The Public School Grading System

CHAPTER THREE: Point-Counter- Point With The Albuquerque Journal On Gun Control Measures, Anti-Crime Legislation and Redacting and Expunging Criminal Records

CHAPTER 4: Point-Counter-Point With The Albuquerque Journal On Energy Transition, Minimum Wage, Right To Work, Ethics Commission And Hemp

CHAPTER THREE: Point-Counter- Point With The Albuquerque Journal On Gun Control Measures, Anti-Crime Legislation and Redacting and Expunging Criminal Records

Posted on April 11, 2019 by

On Sunday, April 7, 2019 the Albuquerque Journal published a lengthy editorial regarding the 2019 New Mexico Legislative session and what it accomplished.
The editorial was entitled “Governor’s Signature On Raft of 2019 Legislation Changes The Sate Landscape In Many Areas”. You can read the complete editorial here for the paragraphs about to be cited:

https://www.abqjournal.com/1300487/a-new-look-for-nm.html

Not at all surprising, the Albuquerque Journal editorial offers a very conservative and very Republican observation of the session and for that reason merits a point-counter-point to the legislation they editorialized on by a Democrat.

Because of the length of the editorial, this article is the third in a series of four articles to take issue with many of the Journal editorial comments on gun control measures, anti-crime legislation and redacting and expunging criminal records followed by counter points offering a perspective from a Democrats point of view.

JOURNAL EDITORIAL POINT:

“One of the most controversial initiatives the governor took up this session was gun control. The measures she signed drew much support and much criticism, but all are pragmatic, middle-ground reforms that promise to make our communities safer. New Mexico has joined roughly 20 states in requiring background checks for nearly all gun purchases, and it now prohibits domestic abusers from possessing a firearm.”

COUNTER POINT:

The Journal comment completely ignores that the enacted legislation is the first time ever that the New Mexico legislature has in fact been able to enact meaningful, reasonable gun control legislation. Twenty-eight counties and municipalities in the state have passed “gun sanctuary resolutions” in defiance to the legislative gun control measures. The Albuquerque Journal editorial does not even attempt to encourage local city and county law enforcement to enforce the new laws.

UNIVERSAL BACKGROUND CHECKS FOR ALL GUN SALES

The 2019 Legislative session enacted nearly universal background checks for all gun sales which is far from being “middle ground” as the Journal characterizes it. The background check legislation was strongly opposed by elected Sheriff’s and other law enforcement agencies throughout the state as being unenforceable and ineffective. Some elected Sheriff’s even went so far as to say they will not enforce the law.

On April 4, 2019, Democrat Attorney General Hector Balderas sent a strongly worded letter of warning to virtually all sheriffs and police chiefs throughout New Mexico telling them that they risk legal liability if they refuse to enforce the new background check law for gun sales. Balderas advised them of their legal obligation to enforce the law and its requirements regardless of whether they agree with the legislation.

In his letter, Balderas acknowledged that sheriffs and police chiefs have discretion over how to run their agencies. However, Balderas reminded the law enforcement command staff that personal political opinions and law enforcement discretion:

“do not absolve us of our duty to enforce validly enacted laws. … As law enforcement officials we do not have the freedom to pick and choose which state laws we enforce. … In short, the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law. … [Discretion] cannot subvert the rule of law. All New Mexicans, including public [law enforcement] officials, are equally subject to the law.”

Balderas warned a police chief or sheriff who refuses to enforce the law could be held liable if a gun sale results in a prohibited person obtaining a firearm and doing harm or killing another. Any elected Sheriff who proclaims they will not enforce the law will be basically making an admission of negligence that will no doubt be used in a court of law in a civil action for wrongful death.

Counties and municipalities that have enacted “Second Amendment Gun Sanctuary Resolutions” would better serve their residents and constituencies by promulgating and implementing policy measures and provide funding to help the Sheriffs and Police enforce the law regarding background checks and perhaps fund such services free of charge for their constituents.
For more on this topic see:

https://www.petedinelli.com/2019/04/08/i-will-not-enforce-the-law-admission-of-negligence-by-law-enforcement/

FAMILY VIOLENCE PROTECTION ACT

Governor Lujan Grisham signed Senate Bill 328 which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act. The legislation makes it a misdemeanor for people who have restraining orders in domestic violence cases to fail to surrender their guns to law enforcement. The gun possession prohibition also applies to people convicted of other crimes such as battery on a household member.

On September 16, 2017, according to an annual study published by the Violence Policy Center, it was reported women are more likely to be killed by men in New Mexico than nearly any other state. The study found the state has the 10th-highest rate of women killed by men, marking the third straight year New Mexico had appeared toward the top of the list, while New Mexico’s overall homicide rate ranked lower.

The study counted 16 women killed by men in New Mexico during 2015, the most recent year for which data was are available at the time. The rate of 1.52 victims per 100,000 women is higher than the national rate of 1.12. Nearly all the woman killed were by someone they knew. Most of the killings were not connected to any other felony. Half followed arguments between the victim and her killer.

http://www.santafenewmexican.com/news/local_news/new-mexico-s-rate-of-women-killed-by-men-among/article_eb7e4a2c-273d-5eb6-8007-e5936639b64f.html

New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade. The Violence Policy Center promotes gun control and found that each state at the top of the list of women killed by men have a high rate of firearm ownership which no doubt includes New Mexico’s gun culture.

For more see the following article links:

https://www.womenshealth.gov/relationships-and-safety/domestic-violence/effects-domestic-violence-children

https://www.unicef.org/media/files/BehindClosedDoors.pdf

The legislation that prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act has more potential to save lives than the background check legislation, yet it merited less than one sentence of Journal editorial comment.

Study after study has shown that a child who has witnessed domestic violence or a victim of domestic violence become violent abusers themselves, if they survive their own abuse themselves. Increasing CYFD budget and case workers by 125 is a critical need to address New Mexico chronic child abuse crisis.

People are becoming numb to the problem of child abuse and what is reported about what people do to their own children. The recent story of 5-year-old Sarah Dubois-Gilbeau being beaten to death by her father with a rubber “water shoe” still shocks the conscious. According to news stories. “Police say the bruising on the child’s body stretched from her neck to her buttocks, much of which was consistent with ‘the tread of a shoe’.” When in the hell is this going to stop in this City and State? From 2001 to 2016, in New Mexico, no less than 23 children, ranging from ages of 5 weeks old to 3, 4, 5 months old to 3, 4, 5, and 11 years old, have been killed as a result of child physical and sexual abuse. (Re: August 31, 2016 Albuquerque Journal Editorial Guest column by Allen Sanchez.) You can now add this 5-year-old Sarah Dubois-Gilbeau along with the names of 5-year-old Fernando Azofeifa, 5-year-old Victoria Martens, 9 year old Omaree Varela, and 13 year old Jeremiah Valencia.

JOURNAL EDITORIAL POINT:

“Several anti-crime initiatives also received the governor’s signature this session, including expanding pre-prosecution diversion for nonviolent offenders; establishing a data-sharing network so police, prosecutors and other agencies can track offenders who use aliases or commit crimes in different communities; and banning the use of solitary confinement for pregnant or minor inmates and limiting it for those with a serious mental disability.”

COUNTER POINT:

Gone during the 2019 legislative session was the “all crime, all the time” legislative session. The former Republican Governor demanded changes in New Mexico’s criminal laws, including reinstatement of the death penalty and repeatedly seeking to toughen criminal sentences for a host of offenses ignoring the root causes of crime: poverty, drug abuse intervention, poor education, unemployment and social intervention. The former Republican Governor never made the transition from an elected District Attorney to Chief Executive Officer of the State as Governor.

Virtually all of the anti-crime legislation enacted by the 2019 legislative session is totally contrary to the “all crime all the time” legislation promoted by the former Republican Governor who only emphasized punishment and incarceration as a solution to New Mexico’s high crime rates.

The legislation passed in the 2019 session is meaningful legislation that will help reduce the state’s high crime rates. The legislation expanding pre-prosecution diversion for nonviolent offenders is a clear reversal from the “lock them up and throw away the key” philosophy dealing with nonviolent offenders that have a good chance of rehabilitation. A data-sharing network so police, prosecutors and other agencies can track offenders is long overdue and brings New Mexico in line with modern day law enforcement practices.

“Banning the use of solitary confinement for pregnant or minor inmates and limiting it for those with a serious mental disability” is an acknowledgement that New Mexico’s correctional institutions have engaged for too many years in “cruel and unusual” punishment prohibited under the United State constitution.

JOURNAL EDITORIAL POINT:

Unfortunately, the governor’s inclination to focus on helping New Mexico’s most vulnerable residents overrode the very serious consequences of redacting information in police reports and expunging criminal records. One point that has not been stressed: In this Facebook and internet world, expunging records does nothing to erase what’s already on the web – allowing claims of charges to be posted online without any way for the public to check if they’re accurate or were dropped.

COUNTER POINT:

The Journal’s statement “In this Facebook and internet world, expunging records does nothing to erase what’s already on the web allowing claims of charges to be posted online without any way for the public to check if they’re accurate or were dropped” amount to nothing more than a red herring. This law is a state law and has absolutely no effect on the federal National Crime Information Center (NCIC) which is the United States central database for tracking crime-related information. The arrest and conviction records reported and kept by the Federal NCIC remain virtually unaffected. The redacting of information in police reports and expunging criminal records is long overdue.

All too often when an individual is arrested, and a police report is filed and the defendant is never prosecuted nor found guilty by a jury, the offense report remains intact with the presumption that what is said in the offense report is absolutely true which all too often not the case. Prosecutors frequently find false or misleading statements in offense reports that mandate that no charges be filed or that a case be dismissed.

The expunging of state criminal records is important when dealing with highly dated convictions of a person who later lives an otherwise crime free life. The best example of criminal records that should be expunged are DWI convictions of a very young person who then lives the rest of their life without any convictions, but the DWI record pops up 20 to 25 years later in a background check for a new job. Notwithstanding expunging of records, criminal convictions will remain as part of a person’s conviction record and the NCIC.

CONCLUSION

Stay tuned for chapter four dealing with “energy transition”, minimum wage, right to work, ethics commission and hemp legislation.

_____________________________________________________________________

POSTSCRIPT

You can review all four “Point-Counter-Point With The Albuquerque Journal” articles by clicking on the below links:

Chapter One: Point-Counter-Point With The Albuquerque Journal On “Open Primaries”, Election Day Registration And Voter Registration

Chapter Two: Point-Counter- Point With The Albuquerque Journal On Public Education Funding And The Public School Grading System

CHAPTER THREE: Point-Counter- Point With The Albuquerque Journal On Gun Control Measures, Anti-Crime Legislation and Redacting and Expunging Criminal Records

CHAPTER 4: Point-Counter-Point With The Albuquerque Journal On Energy Transition, Minimum Wage, Right To Work, Ethics Commission And Hemp

Chapter Two: Point-Counter- Point With The Albuquerque Journal On Public Education Funding And The Public School Grading System

Posted on April 10, 2019 by

On Sunday, April 7, 2019 the Albuquerque Journal published a lengthy editorial regarding the 2019 New Mexico Legislative session and what it accomplished.

The editorial was entitled “Governor’s Signature on Raft of 2019 Legislation Changes The Sate Landscape in Many Areas”. You can read the complete editorial here for the paragraphs about to be cited:

https://www.abqjournal.com/1300487/a-new-look-for-nm.html

Not at all surprising, the Albuquerque Journal editorial offers a very conservative and very Republican observation of the session and for that reason merits a point-counter point to the legislation they editorialized on by a Democrat. Because of the length of the editorial, this article is the second in a series of four articles to take issue with many of the editorial comments.

Following is the Journal Editorial paragraphs dealing with public education funding and the public-school grading system each followed by counter points offering a different perspective from a Democrats point of view.

JOURNAL EDITORIAL POINT:

“Education was … high on the governor’s campaign-promise list. Her signature on a new Early Childhood Department promises to bring efficiencies and accountability to the state’s disparate pre-kindergarten programs. Her approval of hundreds of millions more dollars for K-12 education is designed to improve opportunities for the state’s most disadvantaged students while complying with a court order. Her increasing teacher pay honors the profession and should aid morale. And her requiring the Children, Youth and Families and Public Education departments to follow students who move among districts and services should ensure more kids are safe and on track.”

COUNTER POINT:

The dramatic increases in public education funding, creation of the Early Childhood Department (CYFD), the mandates to Children, Youth and Families and Public Education departments, not to mention raises for educators and increasing CYFD social workers by 125 were clearly the biggest accomplishments of the 2019 Legislative session. Notwithstanding, the Journal gives “luke warm” comments and does not highlight the importance of the State District court ruling that mandated the increases.

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 court ruling was a confirmation of what went on for the last 8 years with the state’s at-risk children under the Republican Martinez Administration. 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.

In her blistering written opinion, Judge Singleton wrote:

“[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 New Mexico, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners. Further, 14.8 percent of students have disabilities, and 10.6 percent are Native American. Judge Singleton addressing proficiency rates for Native American students said that in the past 3 years, those students’ reading proficiency was at 17.6% and their math proficiency was at 10.4%.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

The Court found that New Mexico does not have enough teachers and that New Mexico teachers are among the lowest paid in the country and stated:

“The evidence shows that school districts do not have the funds to pay for all the teachers they need. … [An example is] Gadsden, one of the better performing school districts in the state, has had to eliminate over 53 classroom positions and 15 essential teachers since 2008.”

The Court also faulted the former Republican Governor’s Administration’s failure to provide access to technology in rural districts.

Judge Singleton ruling addressed the state teacher evaluation system implemented by the Martinez Administration by saying:

“[The teacher evaluation system] may be contributing to the lower quality of teachers in high-need schools. … In general, punitive teacher evaluation systems that penalize teachers for working in high-need schools contribute to problems in this category of schools.”

The Court rejected the former Republican Governor Administration’s arguments that no new funding is needed because at-risk student performances are improving.

During the last 8 years at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career.

No doubt the Journal’s “luke warm” comment “[the increases were] designed to improve opportunities for the state’s most disadvantaged students while complying with a court order” were the result of the District Court eviscerating the Journals’s favorite former Republican Governor’s failed public education policies and an education system that made things actually worse for children throughout New Mexico. A popular photo op of the former Republican Governor was to read aloud children’s books to child students sitting around her with admiring gazes and we all know why the former Governor was doing the reading: the children themselves did not receive the basic education in reading for their age level!

ENACTED EDUCATION BUDGET

The total approved education budget is a whopping $3.2 Billion, 16% over last year’s budget, out of the total budget of $7 Billion. Included in the budget is a $500 million in additional funding for K-12 education and increases in teacher pay. The massive infusion of funding to public education is the result of the District Court ruling that ruled the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The District Court found 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.

Early childhood programs will be given a major increase in funding. Under the enacted 2019-2020 budget, every public-school district will be allocated significantly more funding. Teachers have not had any raises to speak of for the last 8 years. Teachers and school administrators will be given 6% pay raises with more money to hire teachers.

A new “Early Childhood Department” was created starting in January 2020. This was a major priority of the Governor Lujan Grisham. The new department will focus state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

JOURNAL EDITORIAL COMMENTS:

“Unfortunately, the governor took the Legislature’s lead and removed the one window parents have into how well their child’s school is doing. A-F school grades will be replaced with an incomprehensible “dashboard.” And, unfortunately, the signed bill that provided raises for teachers will also automatically boost many school administrators’ salaries 6 percent, sending money that could have gone to classrooms into the pockets of those in Central Office instead. And the governor is phasing out the important ability for students over the age of 22 to still get a public education and high school diploma.”

COUNTER POINT:

Unfortunately, Journal Editorial comments are so misplaced as to be laughable if not downright embarrassing. The Journal refuses to acknowledge the biggest failure of former Republican Governor “She Who Must Not Be Named”: the failure of New Mexico’s public education system and failing our children for the last 8 years.

On December 28, 2018, it was reported that the 2018 high school class graduation rate is 73%, a 10%-point jump since 2011 when the former Republican Governor took office, something she can legitimately take credit for under her leadership. However, after 8 years of her failed leadership and despite her efforts, the state lags behind the national average of 84% for graduation rates reported by The National Center for Education Statistics.

Despite the all-time-best rates, New Mexico still lags behind all the other states in the United Stated, except the District of Columbia that had a lower high school graduation rate last year than New Mexico at 69.2 percent.

https://www.abqjournal.com/1262414/nm-grade-rate-at-73-percent.html

Throughout the 8 years of Former Republican Governor “She-Who-Must-Not-Be Named”, she was at odds with teachers over the controversial “Partnership for Assessment of Readiness for College and Careers”, or PARCC, tests. Republican Governor “She-Whose-Name-Shall-Not-Be-Named” with her education policies and her Secretary of Public Education appointments, especially the appointment of Secretary Hanna Skandera, contributed to and resulted in a failing education system.

Judge Singleton ruling addressed the state teacher evaluation system implemented by the former Republican Governor Administration by saying:

Things for New Mexico’s children have only gotten worse during the last 8 years under the former Republican Governor’ s leadership. 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 U.S. kids.

According to the 2018 Kids Count Data Book, 30% of New Mexico’s children were living in poverty in 2016, compared to 19% nationwide that year, the earliest figures available. 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.

The most troubling in the 2018 Kids Count Data Book is New Mexico’s steep drop in ranking for health care measures which previously was a bright spot for the state.

http://www.santafenewmexican.com/news/education/report-new-mexico-ranks-last-in-child-well-being/article_0f6865fc-d34a-5050-9f74-21680e98a2a5.html

Rather than spending her time with photo ops reading books to illiterate children, the former Republican Governor should have paid more attention to reading the dismal statistics regarding New Mexico’s children.

___________________________________________________________________________

POSTSCRIPT

You can review all four “Point-Counter-Point With The Albuquerque Journal” articles by clicking on the below links:

Chapter One: Point-Counter-Point With The Albuquerque Journal On “Open Primaries”, Election Day Registration And Voter Registration

Chapter Two: Point-Counter- Point With The Albuquerque Journal On Public Education Funding And The Public School Grading System

CHAPTER THREE: Point-Counter- Point With The Albuquerque Journal On Gun Control Measures, Anti-Crime Legislation and Redacting and Expunging Criminal Records

CHAPTER 4: Point-Counter-Point With The Albuquerque Journal On Energy Transition, Minimum Wage, Right To Work, Ethics Commission And Hemp

Four Very Violent Days In A Violent City; APD Declares Violent Crime As “Public Health Issue”

Posted on April 9, 2019 by

Eight dead, including a child of 5 beaten to death by her father with a rubber shoe and an 8-year-old girl was shot and critically injured in a Northeast Albuquerque home from a stray bullet, all in four days! The news headlines for April 4, 5, 6 and 7, is a tragic reminder of what Albuquerque has become and what it is today: a very violent city.

The news headlines for the 4 days were:

Thursday, April 4, 2019, Carlos Armijo, 42, was gunned down outside his South Valley home; Bernalillo County sheriff’s deputies say it was retaliation after a fight outside a taco truck.

Friday, April 5, 2019, morning, first respondents found the battered and unresponsive body of 5-year-old Sarah Dubois-Gilbeau. The child’s father has been charged in her death, allegedly beating her with a rubber water shoe for not doing homework he assigned.

Friday, April 5, 2019, 19-year-old Eric Apisa was pronounced dead, three days after being shot in the head during an apparent drug deal.

Friday, April 5, 2019,, BCSO deputies found a body with signs of trauma in a ditch in the 1700 block of Bridge SW. They identified the man as Manuel Barraza, 49.

Friday night, April 5, 2019, APD officers shot Pedro Escalante, after he fled an “altercation” in a stolen vehicle, crashed into a car and pointed a gun at police during a foot chase.

Saturday April 6, 2019, a woman was found slain in a home in the 1100 block of Via Chamisa NE.

Saturday April 6, 2019, a couple was found dead in a home in the 600 block of Princeton SE, south of the University of New Mexico.

Sunday, April 7, 2019, a young child was hospitalized after being shot in a Northeast Albuquerque home.

https://www.koat.com/article/violent-weekend-plagues-the-duke-city/27080087

On Monday night, April 8, 2019, a man was shot and killed on Albuquerque’s West Side.

https://www.kob.com/albuquerque-news/apd-man-shot-killed-on-albuquerques-west-side/5309212/?cat=500

VIOLENT CRIME STATS

On March 30, 2019, the Albuquerque Police Department released the City’s crime statistics for the first quarter of 2019 which runs from January to March of 2019.

https://www.kob.com/albuquerque-news/apd-most-crime-is-down-but-non-fatal-shootings-are-up/5299172/?cat=500

The good news is that APD reported that crime is continuing to drop from 10 years of historic highs in all major categories. The bad news in the statistics released is that the city saw an increase in nonfatal shootings.

According to the statistics, non-fatal shootings went up 12% and there have been 131 nonfatal shootings the first quarter of the year compared to last year’s number of 114. The statistics reflect that in the first three months of nonfatal shootings around the city occurred roughly three times every two days. Nonfatal shootings have increased from 2017 to 2018 rising by 14%.

APD DECLARING VIOLENT CRIME AS “PUBLIC HEALTH ISSUE”

On April 8, 2019, APD finally announced its long anticipated new program and efforts that will deal with “violent crime” in the context of it being a “public health issue ” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

City official’s argued that gun violence is a “public health issue” because gun violence incidents have lasting adverse effects on children and others in the community that leads to further problems. APD will track violent crime relying on the same methods used to track auto thefts, weekly reports summarizing shootings, refining policies, and learning from best practices used by other law enforcement agencies.

One goal is for APD to examine how guns are driving other crimes, such as domestic violence and drug addiction.

On April 8, 2019, APD Officials, accompanied by Mayor Tim Keller, announced several proactive and reactive initiatives designed to combat gun violence in the City.

The initiatives announced include:

1. Using data from APD’s Real Time Crime Center to focus on areas with a heavy concentration of gun violence and identify any patterns.

2. Forming units of officers called Problem Response Teams in each area command. The Problem Response Teams will be made up of officers who don’t take calls for service but will be available to help community members as they need it. After a violent crime, the teams, along with Albuquerque Fire Rescue, will visit the neighborhood and provide resources or information.

3. Identifying those who are selling firearms illegally to felons or juveniles.

4. Working with agencies and universities to conduct research on gun violence as a public health issue.

5. Implementing a standardized shooting response protocol that police must follow within the first 72 hours of a reported crime. APD intends to collect and test all casings at shooting scenes and intends to purchase new equipment and technology that can assist detectives in investigating gun crimes.

6. APD is in the process of hiring additional personnel for the crime lab and securing technology that will increase efficiency around DNA testing including automating the entire unit. The unit that tests DNA and the unit that tests latent fingerprints will be split in an attempt to reduce a backlog of evidence that needs to be tested.

7. Increasing the use of the National Integrated Ballistic Information Network and the Problem Response Teams. The National Integrated Ballistic Information Network program is used to identify which guns have been used in multiple crimes by analyzing all casings they can find at violent crime scenes where a firearm has been discharged

8. Use of a placard police officers can hang on doors to encourage residents to call with information about a crime.

APD officials also announced that the city has already received state and federal money to create a Crime Gun Intelligence Center that will use new technology.

https://www.abqjournal.com/1301057/police-to-focus-on-gun-violence.html

COMMENTARY AND ANALYSIS

Bringing down violent crime involving guns, such as murders and domestic violence, is always more difficult because of issues such as substance abuse, the disintegration of families and many times the failure of law enforcement to respond and social services to respond to warning signs.

A murder is usually committed when another crime is being committed such as armed robbery or domestic violence or it’s a crime committed in the heat of anger and a gun is readily available.

Most victims who are murdered know their killer.

It’s difficult at best to bring down homicide rates, but it can be done when you bring down other violent crime such as armed robbery, aggravated assaults, illicit drug offenses and domestic violence.

Domestic violence is clearly the most difficult category to bring down when it comes to violent crime because of the “cycle of violence” involved with such crimes.

All too often in domestic violence cases, the abused decline to charge and prosecute and return to their partner or spouse with the “cycle of violence” continuing.

New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

On September 16, 2017, according to an annual study published by the Violence Policy Center, it was reported women are more likely to be killed by men in New Mexico than nearly any other state.

http://www.santafenewmexican.com/news/local_news/new-mexico-s-rate-of-women-killed-by-men-among/article_eb7e4a2c-273d-5eb6-8007-e5936639b64f.html

The study found the state has the 10th-highest rate of women killed by men, marking the third straight year New Mexico had appeared toward the top of the list, while New Mexico’s overall homicide rate ranked lower.

Statics in Albuquerque show that after about the 10th or 11th time there is a call out of the Albuquerque Police Department to a home for domestic violence, it is usually to pick a woman up in a body bag.

Albuquerque’s dirty little secret is that domestic violence is the number-one reason why a woman is admitted to the emergency room of the University of New Mexico Hospital.

Governor Michelle Lujan Grisham has signed Senate Bill 328 which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act.

Under the enacted legislation domestic abusers must surrender their firearms to law enforcement.

The gun possession prohibition also applies to people convicted of other crimes such as battery on a household member.

APD should concentrate on and target domestic violence as its first major step to bring down violent crime.

The fact that crime is continuing to drop in all categories from 10 years of historic highs in all major categories but nonfatal shootings is commendable, but far more must be done to reduce overall violent crime.

The increase in nonfatal shootings is a reflection that Albuquerque is a violent city with a culture of violence that will be extremely difficult at best to eliminate.

Only time will tell if APD’s new initiatives are successful, and we all most hope they are for the safety of our families and ourselves.

Chapter One: Point-Counter-Point With The Albuquerque Journal On “Open Primaries”, Election Day Registration And Voter Registration

Posted on April 9, 2019 by

https://www.abqjournal.com/1300487/a-new-look-for-nm.html

Not at all surprising, the Albuquerque Journal editorial offers a very conservative and very Republican observation of the session and for that reason merits a point-counter point to the legislation they editorialized on by a Democrat. Because of the length of the editorial, this article is the first in a series of articles to take issue with many of the editorial comments.

Following is the Journal Editorial paragraphs dealing with open primaries, election day registration and voter registration with counter points offering a different perspective from a Democrat:

JOURNAL EDITORIAL INTRODUCTION:

“Gov. Michelle Lujan Grisham’s first legislative session is over, and her collaboration with the Democratic-controlled House and Senate means things in New Mexico will start to look very different in the coming year. Some will be great improvements, some absolutely won’t, and some need to play out before being put in either category.”

COUNTER POINT:

Thankfully, after 8 years of governing by former Republican Governor “She-Who-Must-Not-Be-Named”, New Mexico will indeed to start looking a lot different and much better as the coming years play out under the new leadership of Governor Michelle Lujan Grisham.

JOURNAL EDITORIAL COMMENTS:

“The changes Lujan Grisham approved on the election front were … all bad. Lawmakers refused to recommend open primaries, so New Mexico will continue to disenfranchise around one out of five voters who decline to pledge allegiance to a party line. Yet New Mexicans can now register to vote on Election Day, opening the door back up to candidates and advocacy groups rounding up folks and driving them to the polls, then encouraging a vote for the price of a chicken dinner.Residents will also be automatically registered to vote when they sign up for public assistance or a driver’s license, eliminating the concept of having individuals put a little conscious thought into the responsibilities that come with casting a ballot. And many of those votes could come to naught, since Lujan Grisham signed away the state’s Electoral College votes to whomever wins the national popular vote for president.”

COUNTER POINTS:

The Albuquerque Journal paints with too broad of a brush proclaiming “all the changes on the election front were … all bad.” They are “all bad” to the Albuquerque Journal and the Republican Party.

COUNTER POINT ON OPEN PRIMARIES

The Journal boldly proclaims that without open primaries, one out of 5 New Mexico voters are disenfranchised in primaries because they decline to “pledge allegiance to a political party” and they registered Independent. The truth is that joining any political party in New Mexico only requires the simple task of checking a box on a voter registration form and there is no “pledge of allegiance” to the party you choose.

The argument that Independents are being disenfranchised by not being allowed to vote in a political party’s primary is as bogus as it gets. Independents’ are not prohibited to vote in any general election. Allowing Independents and Republicans and Democrats to select any party’s next nominee is a nefarious way to destroy the party primary system that has worked so well over the years. The “party affiliation” system goes to the core of elections, and it does not deprive anyone from voting in a general election.

Another argument made for “open primaries” is that all taxpayers, Democratic, Republican, Independents and the non-aligned, pay for the primaries, including polling places, workers, voting machines, etc., and therefore our primaries should be open. The argument made is that if the parties want closed primaries, let them pay the bill. Holding and running elections is an essential government function and a service provided by Government.

Taxpayers pay for all sorts of government services or projects that they will never use. Interstate freeways, roads in rural areas, the Rail Runner and Albuquerque Rapid ride bus system are good examples of services not used by the overwhelming majority of taxpayers, but they pay for them. Other examples are library’s, the zoo and our museums. In order to be placed on a ballot, a party must have “major party status” and must secure at least 5% of a general election vote. Independents do not like either party so they do not declare party affiliation and by doing so they are voting with their action to remain independent when they do not join, but still have the right to vote for anyone they choose in the general.

The party system, more often than not referred to as the “two party system” is used at every level of government to choose nominees through primaries, unless the elections are nonpartisan, such as municipal elections. Nominating someone to run in a general election by people of liked mind and core values is the most important decisions any party can make. Political parties are not government and do not require membership dues or loyalty oaths nor require you to vote only for the party nominee.

Simply put, any voter that wants to participate in a party’s primary should be a member of that party and not be part of an opposing party wanting to “high jack” a parties nominating process by trying to vote for the weakest candidate possible to run in the general election.

COUNTER POINT ON ELECTION DAY REGISTRATION

The Journal in a sarcastic and very cynical tone says that same “election day registration will … [be] opening the door back up to candidates and advocacy groups rounding up folks and driving them to the polls, then encouraging a vote for the price of a chicken dinner.” Being able to register to vote, even on election day, should be made available and as easy as possible. A person registering must affirm under penalty of perjury that they age qualified to vote, be a citizen of the state and country when they register and have legal residency in the State.

The Journal’s alarm reflects the Republican mantra that there is “wide spread” voter fraud going on in the state, which was made popular by Republicans former Secretary of State Dianna Duran who resigned in disgrace after being convicted of criminal charges, and Southern New Mexico Congressional Candidate Yvette Harrell who demanded a recount and would not concede an election. Duran and Harrell never were able to prove voter fraud. When a person votes, no one is allowed in the voting booth with you and how you actually vote is strictly confidential, is no one’s business but your own and no one knows how you actually voted. If you vote on a full stomach after having the Journal’s “chicken dinner”, and vote exactly the way you want without coercion or physical force, why not vote on a full stomach!

COUNTER POINT ON AUTOMATIC VOTER REGISTRATION

The Albuquerque Journal takes issue with “automatically registering to vote” people “… when they sign up for public assistance or a driver’s license” arguing “eliminating the concept of having individuals put a little conscious thought into the responsibilities that come with casting a ballot”.

The Albuquerque Journal is so very wrong on so many levels with this editorial comment on “automatic registration”. It is also a reflection of a more sinister motivation when it singles out people who apply for “public assistance”, which is Republican code for “poor minorities who we do not want to be voting”. No matter a person’s wealth, they have the right to vote, so long as they are of legal age, a citizen of the United States and a resident. Further, registering to vote is what the concept “one person, one vote” is all about. On the other hand, corporations are not people, not allowed to vote, at least not yet, but allowed to spend as much as they can to voice their opinion, which is what voting is all about, to influence and election under Citizens United.

The Albuquerque Journal editor’s complain about same day voter registration by implying that election day fraud will occur by “rounding up folks and driving them to the polls, then encouraging a vote for the price of a chicken dinner.” No doubt the Journal is concerned that it is people who apply for “public assistance” who will be rounded up and offered a chick dinner to vote. When a person applies for government assistance, proof of identity and residency is required. Also, New Mexicans must now comply with the federal “real ID” and driver’s license renewal mandates. To obtain or renew a driver’s license requires the production of at least 4 documents such as an original social security card, passport, original birth certificate, and utility bills to prove who you are and your residency. Qualifying for government assistance or obtaining a driver’s license requires considerable conscious thought as well as documentation which results in an ideal time to register a person to vote. This should eliminate that someone will be bribed with a chicken dinner on election day that the Journal fears.

NATIONAL POPULAR VOTE INITIATIVE

The editorial states “… Lujan Grisham signed away the state’s Electoral College votes to whomever wins the national popular vote for president.”

COUNTER POINT ON POPULAR VOTE COMPACT

Governor Michell Lujan Grisham did not “sign away the state’s Electoral College votes” at it was irresponsible to make the accusation without any explanation.

On April 4, 2019, Democratic Governor Michelle Lujan Grisham signed legislation to officially add New Mexico to a joint compact with more than a dozen other states that would give the state’s Electoral College votes to the presidential candidate with the most popular votes nationwide. The Electoral College consists of 538 electors and a simple majority of 270 electoral college votes is required to elect the President. New Mexico has only 5 electoral college votes, one for each elected member of congress, while the larger, more populous states have far more such as California (55), New York (31), Texas (34), Florida (27).

The Journal editorial failed to point out that the joint compact only goes into effect if enough states sign on to bring the total Electoral College votes up to at least 270, enough to win the Presidency. With New Mexico agreeing to the compact, 14 states and the District of Columbia have enacted into law the “National Popular Vote” representing 189 electoral votes which is well short of 270 needed to win the presidency. The purpose of the compact is to ensure a President who has less popular votes cannot be elected president, as was the case in 2016 when President Trump won the election despite garnering roughly 3 million fewer votes than Democratic nominee Hillary Clinton.

The most compelling reason for the compact is that it will ensure a President is elected with a majority vote and the will of the people is honored. The biggest downside to the compact is that smaller states such as New Mexico will no longer be “swing states” that could decide a close election in the electoral college and be ignored by candidates running for office.

Notwithstanding, if enough states sign onto the compact, it will not matter what New Mexico has done and the State will always have the option to repeal the legislation, as will the other states.

CONCLUSION

Stay tune for Chapter two dealing with public education funding and the public-school grading system.

____________________________________________________________________________________________________________________

POSTSCRIPT

You can review all four “Point-Counter-Point With The Albuquerque Journal” articles by clicking on the below links:

Chapter One: Point-Counter-Point With The Albuquerque Journal On “Open Primaries”, Election Day Registration And Voter Registration

Chapter Two: Point-Counter- Point With The Albuquerque Journal On Public Education Funding And The Public School Grading System

CHAPTER THREE: Point-Counter- Point With The Albuquerque Journal On Gun Control Measures, Anti-Crime Legislation and Redacting and Expunging Criminal Records

CHAPTER 4: Point-Counter-Point With The Albuquerque Journal On Energy Transition, Minimum Wage, Right To Work, Ethics Commission And Hemp

NEWS AND COMMENTARY

Monthly Archives: April 2019

APD Spokesman Drobik’s $192,973 Overtime Pay Tip Of Iceberg; “Denied Access” Reason Media Reluctant To Report; Where Is Our Champion To Combat “Waste, Fraud and Abuse” Mayor Tim Keller?

CHAPTER 4: Point-Counter-Point With The Albuquerque Journal On Energy Transition, Minimum Wage, Right To Work, Ethics Commission And Hemp

CHAPTER THREE: Point-Counter- Point With The Albuquerque Journal On Gun Control Measures, Anti-Crime Legislation and Redacting and Expunging Criminal Records

Chapter Two: Point-Counter- Point With The Albuquerque Journal On Public Education Funding And The Public School Grading System

Four Very Violent Days In A Violent City; APD Declares Violent Crime As “Public Health Issue”

Chapter One: Point-Counter-Point With The Albuquerque Journal On “Open Primaries”, Election Day Registration And Voter Registration