On Monday, November 18, New Mexico State Auditor Brian Colon announced the results of a special audit he had ordered. The audit found $2.7 million in secret settlements involving appointees of former Republican Gov. Susana Martinez. The settlements lacked proper documentation, transparency, and investigations according to the audit. Colon proclaimed the settlements an “abuse of power” by former Republican Governor Susana Martinez. According to Colon, the secret settlements were done to save the former Governor from embarrassment, protect her personal reputation, and to protect her political appointees and her political agenda.

The special audit came after revelations about secret settlements of lawsuits against state official appointees by former Republican Governor Susana Martinez. Some of the settlements were sealed until after the former Governors departure from office at the end of 2018. Auditor Colón ordered the special audit after retired New Mexico State Police Chief Pete Kassetas went public asserting that $2 million worth of settlements of claims filed against him and the Department of Public Safety were reached in the final weeks of the Martinez administration. Kassetas protested the settlements saying the claims had not been investigated thoroughly. The settlements included “gag orders” that no party to the settlements could disclose the terms of the settlements.

https://www.usnews.com/news/best-states/new-mexico/articles/2019-11-18/auditor-new-mexico-secret-settlements-were-abuse-of-power

The special audit found settlements of civil rights claims from fiscal year 2015 to the end of the Martinez Administration and the present averaged 607 days and higher. According to the audit, 18 claims were settled before Martinez left office much faster with most under 200 days. The audit also found that in a number of the settlements examined, the confidentiality periods and damages assessed for violating those agreements exceeded what is mandated by state law. The contracted state auditors reviewed the paper trail for each settlement and tried to speak with the outside attorneys hired to defend the state, along with former Risk Management Division officials and plaintiffs’ attorneys.

COLON’S CONDEMNATION OF SETTLEMENTS

The special audit uncovered nearly $3 million in legal settlements from Governor Susana Martinez’s administration that were fast-tracked, approved with little or no investigation nor documentation, and contained illegal confidentiality agreements.

During his press conference, New Mexico State Auditor Brain Colon strongly condemned the secret settlements by saying:

“This is about an abuse of power. It’s about a lack of transparency, and particularly as it relates to political appointees by our former governor. … We should never settle matters and use taxpayer dollars to protect political interest, political legacies and personal agendas. These are not anomalies that don’t matter … These are anomalies that actually represent secret payouts to protect the [fomer Gov. Martinez] administration’s reputation. … [W]hat’s truly concerning and what really is disgusting is that $2.7 million of those $5 million in settlements were done in secret without process and without a proper investigation. … There was virtually no proof in the files and in the records as to why these high dollar amounts were approved [by the Martinez administration.]”

You can review the entire Colon press conference here:

https://www.facebook.com/brian.s.colon/videos/10158016918094258/UzpfSTc0Mzc5NDI1NzozMDYwNjExMjk0OTk0MTQ6MTA6MDoxNTc1MTg3MTk5OjI1ODkzOTIwOTc2Mjg3OTg5NjQ/

QUESTIONABLE SETTLEMENTS

The outside auditing firm contracted by the New Mexico State Auditor’s office examined 18 civil rights lawsuits that were settled out of court by the Martinez Risk Management Division since 2014. According to the audit, two-thirds of $5 million worth of settlements that were “high dollar” settlements failed to follow internal controls.

Two of the settlements involved claims by State Police bodyguards assigned to protect Martinez and her husband, Chuck Franco. News media reports include that a very embarrassing audio recording of First Husband Chuck Franco was made containing accusations against the former Governor, but the recording has never been made public. A woman who filed a sexual harassment complaint against then-Chief of New Mexico State Police Pete Kassetas said that a recorded conversation between Gov. Susana Martinez’s husband and a state police bodyguard explains why Martinez kept Kassetas as chief despite several complaints about his behavior toward women. The recording of Martinez’s husband, Chuck Franco, was made by former police Sgt. Julia Armendariz, who once headed Martinez’s security detail. Armendariz, who was part of another case against Kassetas that was settled in late December, has said Martinez insisted she call Franco and record him.

https://www.lcsun-news.com/story/news/local/new-mexico/2019/06/03/new-mexico-governor-kept-state-police-chief-despite-complaints-women/1330041001/

The largest “secret settlement” involved a lawsuit filed against the Department of Public Safety and former New Mexico State Police Chief Pete Kassetas that was settled last December for $900,000. The Martinez administration also agreed to pay an additional $100,000 to resolve claims that the state violated the public records law. Allegations of inappropriate conduct by Kassetas including “mooning” employees and sexual discrimination on promotions were made against the former NMSP Chief.

https://www.taosnews.com/stories/policethree-former-state-police-officials-got-settlement-of-900k,59165

One case was settled for $200,000 within two months with no proof of investigation done by the Risk Management Division. The case was settled after a two-paragraph letter threatening to file a lawsuit was sent to the state.

The audit also reported that a 2015 settlement agreement led to a $200,000 payment to a former State Police bodyguard for Martinez which included a provision that required a repayment of a debt to a “fellow public official.” The settlement was totally inappropriate and contrary to Risk Management policy.

The audit recommends tight controls that include requiring a documented second review of any and all settlements before they are resolved.

https://www.abqjournal.com/1392910/state-auditor-alleges-abuse-of-power-in-secret-settlements.html

After the Colon press conference, New Mexico Risk Management Division (RMD) issued a statement saying:

“The Risk Management Division no longer enters into settlements with confidentiality periods that extend beyond those established by state law. … It also no longer threatens claimants with excessive monetary penalties to keep them quiet. … [State settlements] are examined thoroughly, objectively and consistently.”

It was embarrassing that New Mexico State Police Chief Kassetas for his part said about the special audit:

“The Office of the State Auditor validated the information I brought forward in a factual manner that cannot be disputed. This has always been about public corruption and exposing the fraud perpetrated against the New Mexico taxpayers.”

The comments about “exposing” things coming from the former New Mexico State Police Chief who was accused of exposing his rear end to employees is revealing.

NONDISCLOSURE PROVISIONS

When the State Risk Management Division settles a case, it denies any and all wrongdoing, and demands that the settlement makes it clear the State is agreeing to end the case as a compromise or to avoid further litigation costs. This is standard practice in most civil lawsuit settlements and common even in the private sector. The parties usually agree to avoid disparaging each other or speaking about the terms and conditions of the settlement.

Under state law, state Risk Management Division (RMD) settlement terms and conditions cannot be disclosed to the public for 180 days, or a full six months. All too often, because of language and the terms in the settlements, it is unclear which claims have been settled or when they can be released to the public.

Under the current law, the timeline for mandatory disclosure is not clear. Current State law provides that the confidentiality period can start on 4 dates:

1. The date the settlement is signed
2. The date the claim is closed administratively by the state, or
3. The date all litigation is completed or even
4. The date all statutes of limitations have run on a claim.

EFFORTS TO DISCLOSE SETTLEMENTS TO PUBLIC

During the 2019 legislative session, a bill jointly sponsored Bernalillo County Republican State Senator Sander Rue and Santa Fe Democrat State Representative Linda Trujillo calling for the state to publish settlements in discrimination claims, the agency they were lodged against and the total amount of state money paid to settle the case, including damages and attorney fees. The legislation would have required settlements paid be published on the state’s sunshine portal after a certain amount of time elapsed. General Services Department Cabinet Secretary Ken Ortiz supported the legislation. The proposal passed the New Mexico Senate, but it did not make it through the New Mexico House of Representatives.

After the end of the 2019 legislative session, Cabinet Secretary for the General Services Department Ken Ortiz announced he was working with staffers to start automatically publishing the state settlement agreements. The goal was to post all settlements online as soon as the legally required confidentiality period of 180 days (6 months) expires. Secretary Ortiz supports clarifying the law that sets the initial 180 days of confidentiality with the goal to precisely define when the 180-day period starts. Ortiz wants to make making it clear the 180 days starts on the day the settlement is reached.

https://www.generalservices.state.nm.us/riskmanagement/LCPBOverview.aspx

CONFLICTS BETWEEN DFA AND RMD

Confidential sources within the Department of Finance and Administration (DFA) reported to the Department of Finance Transitions Committee appointed by then Governor Elect Michelle Lujan Grisham that during the entire 8 years of former Republican Governor Martinez Administration, Republican defense lawyers who had the Governor’s ear, and who she considered her allies and supporters, were awarded lucrative defense contracts. The same confidential sources disclosed that there were times the previous Governor’s office would intervene and force the hiring of Republican political operatives who were attorneys and who had lost elections to judgeships be given jobs at the State Risk Management Division.

The most disturbing information provided by DFA confidential sources is that the State Risk Management Division would often block or fail to get approval of settlements from DFA. According to the confidential sources, DFA was repeatedly and essentially left in the dark about settlements agreed to be paid by RMD. The DFA was not allowed to participate in settlement discussions nor allowed to have any say in the amount of the settlements. Further, according to one source, DFA was not allowed to participate with selection of attorney defense contracts with the RMD carrying out the orders from the former Republican Governor’s office as to who was to be chosen.

COMMENTARY AND ANALYSIS

Kudos are in order to New Mexico State Auditor Brian Colon for taking appropriate steps to uncover “abuse of power” by the former Republican Governor in the manner in which millions were spent in taxpayer money to settle cases to save her embarrassment, protect her political appointees and her personal reputation. Kudos are also in order for Governor Michelle Lujan Grisham and Cabinet Secretary Ken Ortiz for working with information technology staffers to start automatically publishing the state settlement agreements with the goal to post all settlements.

New Mexico State Auditor Colón said the special audit report results have been forwarded to the state Attorney General’s Office, the 1st Judicial District Attorney’s office in Santa Fe, and the new state Ethics Commission. All three investigative agencies would be damn foolish to ignore the special audit report and not to take further action in order to prohibit such “abuse of power” an negotiating secret settlement in the future.

Notwithstanding, much more needs to be done by others, including the Governor and the New Mexico legislature. Governor Michelle Lujan Grisham should issue executive orders mandating that the Department of Finance and Administration (DFA) be given far more authority over the State Risk Management Division (RMD). In particular DFA needs to be given at a minimum some say on the final approval of all settlements negotiated by RMD as well be allowed to give input on attorneys selected to do defense work for the state. The RMD should never be used as a “dumping ground” for political operatives or cronies looking for jobs. Too much taxpayer money is at stake.

It is extremely disappointing that the 2019 New Mexico legislature failed to enact the legislation requiring the state to publish the nature of discrimination claims, the agency against whom they were lodged and the total amount of state money used to settle the allegation, including damages and attorney fees. Notwithstanding, even that legislation did not go far enough. The current state law that provides 4 separate dates when the 180 day or 6-month confidentiality period starts to run should be repealed or drastically amended by the legislature.

Six months for the public to have to wait to find out the terms and conditions of a settlement is outrageous. In the interest of full disclosure and transparency, all settlements should be posted within at least 30 days if not sooner from the date the settlement is agreed to by the parties. There should be absolutely no confidentiality clauses when it comes to settlements. It is taxpayer money and the legislature need to act in the interest of complete transparency and stop the practice of “secret settlements.”

On November 1, 2019, Federal Court Appointed Monitor James Ginger filed his 10th compliance audit report in federal court regarding the Albuquerque Police Department’s (APD) compliance with the Department of Justice mandates reforms . The audit report covers February 2019 through July 2019.

“OVERALL STATUS ASSESSMENT”

In the 10th Federal Monitor’s Audit report, the monitor reported APD met 100% of CASA-established primary compliance requirements during the reporting period. According to the audit “This means, in effect, that policy requiring compliance actions and processes are complete, and are reasonably designed to achieve the articulated goals of the CASA.” Secondary compliance rates (training) were reported at 81%, up from 79% and overall compliance rates are at 63%, the same as the 9th audit report.

The 10th report contains the following summary of the “Overall Status Assessment” in the three compliance areas:

“As of the end of the tenth reporting period, APD continues to make progress overall, having achieved primary compliance in 100% of the applicable paragraphs of the CASA. Primary Compliance relates mostly to development and implementation of acceptable policies (conforming to national practices).”

“APD is in 64% Operational Compliance with the requirements of the CASA, which means that 64% of the time, field personnel either perform tasks as required by the CASA, or that, when they fail, supervisory personnel note and correct in-field behavior that is not compliant with the requirements of the CASA.”

On November 8, 2019, the Albuquerque Journal did a very lengthy front-page story entitled “APD hits important milestone in DOJ reforms”. The Journal article glossed over the “Counter CASA effect”, which is where APD sergeants and lieutenants resist the reforms mandated under the settlement agreement. The link to the Journal article is here:

https://www.abqjournal.com/1388829/apd-hits-important-milestone-in-doj-reform.htm

JOURNAL TELLS APD TO “PRACTICE WHAT YOU TEACH”

On November 16, the Albuquerque Journal published its editorial on the Federal Monitors 10th compliance report as follows:

“It is an important milestone that less than five years into federally mandated reforms, the Albuquerque Police Department is officially 100% compliant in rewriting and promulgating its policies.

So yes, APD deserves credit for a job well done rewriting all of its policies and procedures. But that 100% means nothing if the policies and procedures are not implemented or followed. Geier and his top brass need to make that happen before the reform process is declared a success.”

The link to the editorial is here:

https://www.abqjournal.com/1392166/apd-has-to-practice-what-reforms-preach-to-make-a-difference.html

COUNTER CASA EFFECT

It was on September 10, 2018, at a status telephone conference call held with US District Court Judge Robert Brack who at the time was presiding over the Court Approved Settlement Agreement (CASA) reforms that Federal Monitor Dr. James Ginger first told the federal judge that a group of “high-ranking APD officers” within the department were trying to thwart reform efforts.

The Federal Monitor revealed that the group of “high-ranking APD officers” were APD sergeants and lieutenants. Because sergeants and lieutenants are part of the police bargaining unit they remained in their positions and could not be removed by the Chief. APD Chief Michael Geier also reported last year to Judge Brack that he had noticed some “old-school resistance” to reforms mandated by the CASA. At the time, Chief Geier reported he replaced a number of commanders with others who agree with police reforms. However, Chief Geier reported he could not replace the sergeants nor lieutenants who were resisting the reforms because of the union contract.

Federal Monitor Ginger referred to the group as the “Counter-CASA effect”.

The APD Union was not a named party to the original civil rights complaint for excessive use of force and deadly force filed against the city by the Department of Justice (DOJ). Soon after the DOJ initiated the federal lawsuit against APD and the City, the APOA police union intervened to become a party to the federal lawsuit in order to advocate for union interests in city policy and changes to the “use of force” and “deadly force policies.”

The Police Union, despite public comments of cooperation and comments made to the court, have never fully supported the agreed to reforms. The Police Union contributed significantly to the delay in writing the new use of force and deadly force policies.

The union leadership has always been at the negotiating table. For a full year, the police union was involved with the drafting of the “use of force” and “deadly use of force” policy. The union contributed to the one-year delay in writing the policies objecting to many provisions of the policies. The police union repeatedly objected to the language of the use of force policy asserting the policy was unreasonable. This was evidenced by the monitors claim that submitted use of force policies were missing key components and the monitor saw 50-plus changes needing to be made to satisfy union objections.

The union leadership has attended and has sat at counsel table during all court hearings and the Federal Monitor presentations on his reports. During all the Court proceeding where the federal monitor has made his presentation to the federal court, the APOA union has made its opposition and objections known to the federal court regarding the “use of force” and “deadly force” policies as being too restrictive with rank and file. The union has repeatedly claimed rank and file cannot do their jobs even with training on the policies. The major contribution the police union has provided to the reform process is interference, obstruction and delay of the reforms.

What is very problematic is that no one knows for certain to what extent the union is influencing the actions of the sergeants and lieutenants to resist the implementation of the CASA reforms that the union opposes. During the August 20, 2019 hearing Union President Willoughby made it clear the union membership “hates” the CASA, feels the reforms are “a hard pill to swallow” and that they believe “all change is hard”. Willoughby went so far as to say the rank and file are afraid to do their jobs for fear of being fired when he knows they can only be fired for cause and guaranteed personnel rights and procedures.

COMMENTARY AND ANALYSIS

One sentence in the Albuquerque Journal editorial sticks out that identifies the biggest problem affecting implementing the reforms :

“These mid-level supervisors (who bizarrely are in the same union as the rank-and-file they supervise) serve a crucial role in the broader ecosystem of the department, and APD needs buy-in from every one for the community to have any confidence constitutional policing will be standard operating procedures next week, next month and next year.” The people the Journal were referring to are the APD sergeants and lieutenants.

According to the Federal Monitors 10th report:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.

All APD police sergeants and lieutenants are clearly part of police management and chain of command and should not be a part of the union. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms. The police union refuses to acknowledge or agree to removal of the sergeants and lieutenants from the bargaining unit knowing it will eliminate the unions ability to influence them in management and it will reduce the size of the dues paying union membership.

The police union has never articulated in clear terms exactly what it is about the reforms that are keeping rank and file from “doing their” jobs and “why they hate” the CASA as articulated by the union president. It’s likely the union feels what is interfering with police from doing their jobs is the mandatory use of lapel cameras, police can no longer shoot at fleeing cars, police can no longer use choke holds, police need to use less lethal force and not rely on the SWAT unit, police must use de-escalating tactics and be trained in crisis intervention, and management must hold police accountable for violation of standard operating procedures.

JOUNRAL IGNORES KELLER ROLE IN DOJ REFORM EFFORT

The November 16 editorial was published with a color photograph of Chief Michael Geier. The editorial noted how the Federal Monitor gave a significant amount of credit to the Chief Geier and his “leadership cadre [for hitting] the mark solidly on the policy front” and giving APD credit for achieving 100% compliance in rewriting and promulgating its policies. Conspicuously absent from the editorial was the name Mayor Tim Keller. No credit whatsoever was given by the Journal to Mayor Tim Keller for his role in selecting the “leadership cadre.” City hall confidential sources confirmed that Mayor Tim Keller handpicked virtually all of the Deputy Chiefs based on their commitment to the DOJ reforms.

Two years ago during his campaign for Mayor and then soon after being elected Mayor, Tim Keller said publicly and to the federal court he was fully committed to the implementation of the DOJ reforms and Keller appointed Chief Geier. Keller also recognized that he fully understood that his success as Mayor would be judged on the implementation and success of the DOJ reforms, rebuilding a decimated agency, return to community-based policing and reduce the city’s crime rates. Mayor Keller now needs to be given credit for the amount of progress that has been made by APD with the reforms.

REMOVE SERGEANTS AND LIEUTENANTS FROM UNION

During the next round of union contract negotiations, Mayor Keller should see to it that the city management positions of APD sergeant and lieutenant be removed from the APOA Union bargaining unit. Further, the Keller Administration should seek to have the APOA Union removed as a party to the federal lawsuit, the consent decree and CASA negotiations. What complicates things for Mayor Keller is that he accepted the Police Unions endorsement in 2017 when he was running. Now that he made it known on Nov 5 during the election night radio coverage that he is running for another term, he will likely want the police union endorsement again.

The very last thing APD management and Mayor Keller needs is for sergeants and lieutenants to passively but deliberately oppose the reforms by acting as union operatives as opposed to management, which ostensibly is still happening based on the 10th Federal Monitors Report filed on November 1, 2019.

Sergeants and lieutenants need to be made at will employees and removed from the union bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA.

Otherwise, APD and Mayor Tim Keller will continue to deal with the APD Union version of the “Counter-CASA Effect” and it will take years to get APD in compliance with all of the reforms costing millions more to be paid for audits that report that APD is not in compliance.

KRQE News 13 did an alarming report regarding how one family living in a neighborhood have wreaked havoc for years on the entire neighborhood. The problem residence is in the Wells Park neighborhood. The havoc does not include just loud parties, loud music at all hours and suspicious persons. The havoc includes two SWAT standoffs, physical threats of neighbors, a family member who lives in the residence shooting a neighbor after an argument and even threatening a Channel 13 news crew. Two of the family members who live at the residence were involved in an officer-involved shooting with State Police near Lomas and Washington in May and both are behind bars awaiting trial. The Channel 13 report centered on the neighborhood’s complaints that the city for years has not done enough to help.

The link to the Channel 13 report is here:

https://www.krqe.com/news/albuquerque-metro/after-years-of-troubles-with-one-family-city-steps-in/

The neighbors told KRQE News 13 the family hasn’t been the best of neighbors, an understatement if there ever was one. The neighbors feel they’ve been caught in the middle of the family’s problems for years. One neighbor who was interviewed refused to have his face filmed or go on camera out of fear and said:

“You wouldn’t want to have them for a neighbor. They disrupt the whole neighborhood. … They think they can do whatever they want and they’re above the law. I just want to see decent neighbors.”

CITY’S “ADAPT” PROGRAM

The city officials are now saying they are trying to find a solution. According to the city, it added the problem residence last month to its new ADAPT program. ADAPT stands for “Addressing Dilapidated and Abandoned Property Team”.

The ADAPT Program has replaced the Safe City Strike Force . The ADAPT program was started in July by the Keller Administration. Mayor Tim Keller’s new ADAPT program supposedly relies on new data to target the worst 100 properties. The goal of the ADAPT program aims to get dilapidated and crime-riddled homes a fresh start. The program is part of the Fire Marshal’s office.

Under the ADAPT program, city officials meet with homeowners to address crime and code enforcement problems in hopes of turning things around. According to the city, it has 124 properties enrolled in the ADAPT program and the city claims 96% of those property owners are working to fix the problems.

According to Albuquerque Fire Rescue spokesperson Lt. Tom Ruiz:

“The whole premise of the ADAPT program is to help the property owners, not punish them.”

Some of the Wells Park neighbors are not at all convinced this will be enough and said the city has given the owners of the problem residence way too many chances. Others are hopeful the city actions could finally bring some peace and quiet to their neighborhood.

COMMENTARY AND ANALYSIS

It is very difficult comprehend how the city ADAPT program is going to be able to reason with anyone who shoots at their neighbor, where SWAT needs to be called out and where 2 family members have been involved with and officer-involved shooting with State Police. It extremely doubtful that any pressure placed on such neighbors by the Fire Marshal’s office threatening to take civil code action will change their conduct. Instead of trying to help the property owners who have terrorized a neighborhood and give them a fresh start they should be evicted from the property by a court order.

The ADAPT program is nothing more than extensively watered-down version of the Safe City Strike Force that worked so well for 8 years. The biggest differences with the ADAPT program and the Safe City Strike force is that the Strike Force had upwards of 45 for staff, including APD detectives and APD’s code inspection teams and the resources to review between 75 to 100 residential properties a week. The Strike Force had the staff to take aggressive code enforcement actions to declare properties a nuisance and filed actions in State District Court for civil injunctions and court orders for clean ups. The Safe City Strike Force was highly successful because the City Attorney’s Office was in charge and would take legal action.

Confidential sources within City Hall have said that Mayor Tim Keller felt the Safe City Strike Force had a too “aggressive sounding title”, he and others did not like it as fitting into his “ONE Abq” slogan and the city wanted to soften the approach to nuisance abatement. Confidential sources have also said Mayor Keller’s previous Planning Director made it known to the housing code inspectors he felt housing code inspections and posting residential homes as “substandard” was not a priority. The former Planning Director was reluctant or refused to allow inspectors to file misdemeanor charges as was done in the past.

ADAPT TO YOUR PROBLEM NEIGHBORS

ADAPT conveys the message that city residents need to accept or adapt to dealing with a criminal element living next door to them wreaking havoc. What Keller fails to understand is that for residential property owners who feel the sting of crime in their neighborhoods and living next door to magnets for crime, a slogan of One ABQ is meaningless when their own quality of life is affected, not to mention a reduction in property values. But then again when it comes to Mayor Tim Keller, slogans, images and press conference appear to be all that is important to him. On more than one occasion he has appeared on TV news casts to take credit for “teardowns” done by the city.

In his first budget ever submitted, Mayor Tim Keller made a firm commitment to reinstate the Safe City Strike Force when he requested $3.9 million for the city’s Code Enforcement Department and the Safe City Strike Force in the adopted 2018-2019 budget. $1.5 million in additional public safety spending was added by the city council. The Safe City Strike Force and the Planning Department received a funding bump of $425,000 for the 2018-2019 fiscal year. $125,000 was allocated to hire two additional code enforcement specialists. $300,000 was allocated to secure or demolish neglected structures.

In the 2019-2020 approved City budget, a mere $711,000 is allocated for Mayor Keller’s “Addressing Dilapidated and Abandoned Property Team” (ADAP) Program. Mayor Keller with his new “ADAPT” program has dissolved the Safe City Strike Force and failed to follow through on his funding of the Safe City Strike Force contained in the 2018-2019 fiscal budget.

ADAPT is essentially a “passive aggressive” approach now being done by the Fire Marshal’s Office. ADAPT is a somewhat clumsy approach, or an inept approach, which will not work, or have little success when dealing with felony conduct, meth labs, crack houses, magnets for crime, and nuisance properties. But hey, at least it does not sound too aggressive to fit into a “ONE Abq” slogan as we all must ADAPT to our nuisance neighbors making us miserable.

For more on Safe City Strike Force see:

City’s Failure To Act On Nuisance Properties Inexcusable; Mayor Keller Reneges On Reinstating Safe City Strike Force With “ADAPT”

Strike Force Cleaned Up Central and Made City Safe

Just a few days after the murder of a Sandia High teenager at a homecoming party, Albuquerque City Councilors Trudy Jones, Ken Sanchez and Brad Winter announced a proposal to renew and finance APD’s “party patrol” program that existed in the early 2000’s but was discontinued in 2007. The 3 city councilors proposed allocating $150,000 to provide funding and to renew the party patrol program. There have been at least 20 shootings related to parties in Albuquerque this year.

https://www.kob.com/albuquerque-news/albuquerque-city-councilor-wants-to-bring-back-regular-party-patrols/5512395/

On October 21, on a 7-2 vote, the Albuquerque City Council voted to give the Albuquerque Police Department (APD) $280,000 in general fund funding for what they labeled as the “Party Intervention Team” (PIT) insisting the Party Patrol (PP) was not being brought back. Voting YES for the measure were Democrat City Counselors Pat Davis, Ken Sanchez, Diane Gibson and Republicans Brad Winter, Trudy Jones and Don Harris. Voting NO were Democrat City Councilors Isaac Benton and Klarissa Peña saying that APD did not fully outline the program’s details The “new program” is meant to combat underage drinking, drug use and high school party violence.

The city councilors who supported the measured assured citizens that the program would not traumatize and criminalize youth. City Councilors who voted for the measured stressed that PIT was not the same as the “party patrol” APD operated in the early 2000’s.

According to the language of the PIT funding bill, the city “is committed to identifying youthful offenders who need assistance and rehabilitative efforts that will reduce the likelihood of recidivism, rather than triggering a cycle of involvement in the criminal justice system or creating a school-to-prison pipeline.”

The goal of the “PIT” initiative is to end underage party goers and underage drinking and refer them to a rehabilitative program. An APD spokesman indicated that the threat of a citation may be the leverage the city uses to get young people into a diversion program. An amendment to the bill that the counsel past directs APD to consult with APS, youth advocates and community partners to develop PIT program.

Councilor Diane Gibson called the PIT program “a kinder, gentler version of what we think of when we think of ‘party patrol’ .

Mayor Keller’s Chief Administrative Office Sarita Nair said:

“We remember the days the APD officers would line up the kids and hand out the minor-in-possession citations. That is not something we want to do. … We remember when those citations were then referred to Albuquerque Public Schools and those kids had trouble participating in sports. That is not something we want to do.”

Mayor Keller for his part said after the Council vote his administration does not want to repeat past mistakes and said:

“Our Party Intervention Team will break up unlawful parties to keep kids safe from violence and hold parents and homeowners accountable for contributing to dangerous incidents … We worked with the City Council and the community to fix issues from past approaches.”

Speakers attending the City Council meeting requested the council to defer the vote until they were given feedback directly from young people. Omar Torres, age 26, who attended the meeting said:

“If we want to have something that’s going to affect young people, we should have young people having some input into what’s going on – that’s just like a basic one-plus-one for me.”

https://www.kob.com/albuquerque-news/city-council-approves-funding-for-quotparty-patrolsquot/5530603/?cat=500

https://www.abqjournal.com/1381365/council-approves-280k-for-party-intervention.html

HISTORY OF APD PARTY PATROL

City Councilor Brad Winter is credited for starting the Party Patrol in 2001. At the time, Winter was an assistant principal at La Cueva High School. As a City Councilor, he went to APD when he heard there was a lot of underage drinking happening around the city.

The original APD “Party Patrol” used federal and city council appropriations to pay 12 police officers overtime every Friday and Saturday night to check out calls about loud parties. The dozen officers were broken up into two teams, one for the East Side and one for the West Side. When a person called 911 and complained about a loud party, APD would dispatch the Party Patrol and APD would go straight to the party to see if there was underage drinking. APD would issue the kids “minor in possession of alcohol” citations and arrested the homeowner for giving alcohol to minors.

APD went so far as to advertise the Party Patrol and bought billboards, took out radio commercials and used a “hearse” to advertise that the Party Patrol was going to be out. In its advertising APD used the phrase “Party Meet Poopers” and showed a police officer or an APD badge with the words Party Patrol on it.

The party patrol became very controversial. Critics of the party patrol program objected to the early practice of citing all underage kids at a party, regardless of whether they were drinking or in possession of alcohol. APD eventually stopped the practice. In 2007, a civil rights lawsuit was filed and a federal judge ruled that party patrol officers who entered a home without a search warrant had violated the owner’s constitutional rights.

At the height the program, the Party Patrol was giving out about 2,000 citations a year. The Party Patrol busted up hundreds of parties, wrote thousands of citations and the affect was teenagers were scared to go out drinking. Eventually, the APD party patrol was stopped in part because of the federal lawsuit and in part a victim of its own success. Program funding stopped and there were not enough officers to assign to it.

https://www.koat.com/article/do-cops-need-to-become-party-poopers-again/29357535

COMMENTARY AND ANALYSIS

If only Albuquerque was the same as it was from 2001 to 2007 when the Party Patrol first existed and violent crime was down and one of APD’s biggest worries was underage drinking at high school homecoming and graduation parties. Albuquerque’s biggest worry in 2019 and going into 2020 is drugs, gangs and gun violence. A ‘kinder and gentler version” of the Party Patrol and calling it the Party Intervention Team (PIT) is not going to cut it. You also have to wonder what is Mayor Keller’s definition of “unlawful parties” in a private residence?

The City Council and Mayor Keller are kidding themselves if they believe that the problem is alcohol use by high school teenagers. Its drugs. Bringing back a very watered-down version of the “Party Patrol” from nearly 20 years ago and calling it the Party Intervention Team (PIT) sounds good but is not going to accomplish much in the long run with a $280,000 allocation to APD. This is one APD tactical plan that should not require a special allocation from the City Council, but one that should be easily absorbed by APD’s $710 million dollar a year budget with a Mayor’s Executive Order.

In recent months before civic groups such as the National Association of Industrial and Office Parks (NAIOP), the Economic Forum and the Albuquerque Bar Association, Mayor Tim Keller has produced charts, graphs and statistics showing that violent crime is indeed in all parts of the City and not confined to any particular area of the City. One chart used is a series of red dots showing crime sites and reflects the city literally bathed in red dots throughout.

Crime may be down according to FBI some statistics, but the crime rates have gotten so out of control that even after progress of reducing our crime statistics they are still extremely high. Albuquerque still has some of the highest crime rates for murder and violent crimes in the country. Yet the city council believes a “PIT” program is going to protect our kids from getting killed at parties.

The Keller Administration and Chief Michael Geier have said they would not revive the party patrol, which had mixed results and resulted in civil rights violations. Chief’s Geier’s reluctance is noteworthy because 19 years ago he was the APD Captain in charge of the party patrol, and although he defended its work at the time, he does understand how it operated and more importantly its weaknesses.

The Albuquerque Public School System (APS) has its own police force employing many retirees and former law enforcement officials assigned to the individual schools. You would think APS security would know the students and have insightful information about high school parties. If there is a high school party problem involving alcohol use, APS could initiate its own Party Patrol Program during homecomings and graduation season.

APD staffs police officers to the schools. The Albuquerque Public School System and APS Security along with APD assigned to the schools could implement a “Party Intervention Team” to deal with high school homecoming parties, graduation parties and other high school related parties involving the individual schools.

For a related blog article click on the below link:

https://www.petedinelli.com/2019/10/08/apd-party-patrols-no-solution-to-teenager-murders-gangs-and-drugs/

On November 11, 2019, United States Attorney General William Barr flew into little old Albuquerque all the way from Washington, DC to bless us all with his presence just to do us all big favor and hold a very short press conference to announce he was saving us from ourselves. The news conference was held in the main conference room on the 4th floor of the Albuquerque Police Department (APD) main offices. The conference room is literally separated by a door to a hallway to APD Chief Michael Geier and his Deputy Chief offices, yet they were not extended invitations to attend the press conference.

https://www.koat.com/article/ag-william-barr-in-albuquerque-to-highlight-recent-fugitive-arrests/29776243

OPERATION TRIPLE BEAM

The purpose of the afternoon press conference was to announce the conclusion of a three-month fugitive apprehension operation. AG Barr also pledged continuing efforts to attack violent crime in Albuquerque.

Barr labeled the joint law enforcement initiative as “Operation Triple Beam”. It was a 90-day campaign that ended Oct. 31. According to Barr, Operation Triple Beam” was seen as “preparing the field for these efforts that will be coming in the weeks ahead”. The Department of Justice (DOJ) is targeting Albuquerque and other cities with the highest crime rates around the country by taking action against felony fugitives. Operation Triple Beam began in 2011. It has already been executed in the cities of Salinas, California, Wichita, Kansas, Roanoke, Virginia, Montgomery, Alabama and Houston, Texas.

According to news reports, Barr was blunt when he said:

“I don’t think it’s a secret to anyone here that New Mexico and Albuquerque specifically are experiencing a violent crime crisis. … Unlike many cities in the United States that have seen violent crime rates fall, the violent crime rates in Albuquerque remain stubbornly high. … In the months ahead, the federal government is going to be stepping up our efforts to work closely with our state and local partners to ratchet up the attacks on violent crime.” Saying violent crime is down in many cities and states throughout the U.S, Barr blamed New Mexico criminal laws as weak and saying people suspected of violent crimes often walk out of jail right after they’re arrested.

U.S. Marshals Service Director Donald Washington said for his part the goal of “Operation Triple Beam” in Albuquerque was:

“to target gang-related fugitives fueling the violent crime. The objective was to take the worst of the worst off the streets of your city. … At the end of the operation, we worked collaboratively with our federal, state and local partners to identify high priority targets as we focused on the worst of the worst.”

https://www.abqjournal.com/1390633/attorney-general-barr-will-ratchet-up-fight-on-violent-crime-in-albuquerque.html

According to the United States Attorney’ Office for New Mexico, “Operation Triple Beam” resulted in 327 people being arrested on state, local or federal warrants, including 59 absconders from probation and parole, 10 people wanted on homicide warrants, 20 people wanted for weapons offenses, 13 for sex crimes, 50 for assault and 91 on narcotics charges. It was not made clear on what charges 84 were arrested.

A few months ago, the Bernalillo County Sheriff’s Office conducted six patrol saturation operations in the Southeast Heights as part of the effort. By all reports it was a success. The operations drew severe criticism from some in the community at the time. The BCSO operation was conducted at the direction of Sheriff Manny Gonzales and were not conducted in coordination with the Albuquerque Police Department.

BARR ATTACKS NEW MEXICO CRIMINAL JUSTICE SYSTEM

When discussing what drives violent crime in Albuquerque and New Mexico, Barr said:

“[New Mexico has] very weak law enforcement systems. Statewide, judges have ordered the pretrial detention of more than 2,000 people charged with felony crimes during the past two years. … Without bail reform, those dangerous defendants could have quickly returned to the streets by buying a money bond.” Apparently, AG Barr was attacking the bail bond reform enacted 3 years ago by New Mexico voters.”

NEW MEXICO BAIL BOND REFORM

On November 8, 2016, the “New Mexico Denial of Bail Measure” was approved by New Mexico voters by a landslide vote.
The Constitutional Amendment amended the New Mexico Constitution to change the conditions under which a defendant can be denied bail and not released from custody pending trial. The Constitutional Amendment was designed to retain the right to pretrial release for “non-dangerous” defendants.

Before passage of the amendment, a defendant’ s bail and release from jail pending trial on charges could be denied:
1. Only for a defendant charged with a capital felony, or
2. A defendant has two or more felony convictions or
3. A defendant is accused of a felony involving the use of a deadly weapon if the defendant has a felony conviction in New Mexico.

The adopted amendment changed these requirements, allowing bail to be denied to a defendant who has been charged with a felony only if the prosecutor can prove to a judge that the defendant poses “a threat to the public.”

The adopted amendment also provides that a defendant who is not a danger to the community or a flight risk cannot be denied bail solely because of the defendant’s financial inability to post a money or property bond.

The final vote was 87.23%, with 616,887 voting YES and 12.77%, with 90,293 voting NO.

https://votesmart.org/elections/ballot-measure/2076/a-joint-resolution-proposing-an-amendment-to-article-2-section#.XNyEJo5KiUk

The 2016 bail bond reform is now under serious attack. Many, including Bernalillo County District Attorney Raul Torrez, make the argument that the bond reform went to far and that it is too difficult for prosecutors to prove that a defendant poses “a threat to the public” resulting in the court’s having no option but to release defendants until pending trial.

GOVERNOR CREATES FUGITIVE APPREHENSION UNIT

AG Barr apparently thinks Trump’s US Department of Justice are the only ones capable of apprehending fugitives and that New Mexico law enforcement and elected officials do not know what they are dealing with, something that shows his ignorance.

On October 30, 2019, in part because of the success of the New Mexico State Police surge in Albuquerque in May, which resulted in 738 arrests for felony or misdemeanor warrants, Governor Michelle Lujan Grisham ordered the creation of the “Fugitive Apprehension Unit” to apprehend hundreds of criminal defendant’s across New Mexico who have not shown up for court hearings or wanted on bench warrants.

The Fugitive Apprehension Unit will consist of State Police officers and state Corrections Department staffers. The unit will work with local law enforcement officials around New Mexico to track down and arrest people charged with committing violent crimes. According to the New Mexico Administrative Office of the District Attorneys, there are more than 1,600 outstanding bench warrants for people charged with violent crimes.

Governor Lujan Grisham created the Fugitive Apprehension Unit by executive order. The unit will be made up of 7 State Police officers and 7 Corrections Department staffers. Everyone team member must have a clean background with no significant disciplinary actions. Team members will be selected from different parts of the state in an effort to avoid affecting day-to-day operations. The unit will be required to make monthly reports to the Governor’s Office documenting its arrests. The executive order also instructs other executive branch state agencies to cooperate with the special law enforcement unit by providing requested information and assistance.

In announcing the “Fugitive Apprehension Unit”, Governor Lujan Grisham had this to say:

“Our justice system is undermined when people accused of serious criminal offenses evade prosecution. We need to explore every avenue for increasing public safety in New Mexico; we need to be smart on crime while being tough on crime. By deploying these resources in a targeted fashion and continuing to work hand in hand with local jurisdictions, the state can make meaningful strides toward reducing crime in our communities and ensuring high-profile violent individuals are brought into the judicial process.”

COMMENTARY AND ANALYSIS

During his press conference, Barr was surrounded in a packed conference room by dozens of states, federal and local law enforcement officials, including BCSO Sherriff Manny Gonzales who also spoke. Conspicuously absent were District Attorney Raul Torrez, APD Chief Michael Geier and his Deputy Chiefs, Mayor Tim Keller, the Chief of the New Mexico State Police Tim Johnson and Governor Michelle Lujan Grisham.

It turns out that DA Torrez, Mayor Keller, Chief Geier, the NM State Police Chief and the Governor were not even given the courtesy of an invitation to the press conference. What is surprising is the location of the press conference being held at the APD main office headquarters building at 5th and Marquette where BCSO offices are also located. The United States Department of Justice and the offices of the United States Attorney for New Mexico have “Class A Office” space in Downtown Albuquerque at the Hyatt Regency Office Tower with some of the most secure offices in the city, yet Barr decided to have his press conference at a jointly owned city-county facility free of charge.

It is not at all likely that AG Barr does not know who Mayor Tim Keller is nor Chief Michael Geier are seeing as APD and the Department of Justice are engaged in a 5 yearlong effort to reform APD after a federal investigation found in 2014 a “culture of aggression” and that APD engaged a practice of “deadly force” and “excessive force” against citizens. Both Barr and U.S. Attorney John Anderson for the District of New Mexico said they had seen progress with the DOJ reforms and are pleased with the efforts of the mayor and the chief in the reforms, a message he should have said to both face to face

According to a Channel 7 Report, the head of the U.S. Marshals in New Mexico said Mayor Tim Keller was not invited. KOAT did try to interview the Mayor Tim Keller about not being invited, but Keller surprisingly declined to talk about it on camera. Instead, the Mayor’s office issued a statement that said in part, “Fighting crime is a top priority and the mandate from local residents is for community policing and long-term partnerships.” The statement should have announced the city was also sending Barr a bill, like he did Trump recently, for use of the APD’s Chief’s conference room and make it clear to Barr the next time he comes to visit Albuquerque for a photo op press conference to disparage the city and state, he can use his own DOJ office space an conference room.

https://www.abqjournal.com/1390633/attorney-general-barr-will-ratchet-up-fight-on-violent-crime-in-albuquerque.html

Before United States Attorney General William Barr flies again into Albuquerque for a photo op, it is strongly recommended that United States Attorney for New Mexico John Anderson brief him and try to educate him on manners and on the people Anderson has to work with on critical law enforcement issues and what is being done. Otherwise, Barr will continue to embarrass Anderson and the Department of Justice with his sure arrogance coming to New Mexico proclaiming how he is saving us from ourselves.

On November 8, 2019, Mayor Tim Keller announced that after over 2 years of delay, including a lawsuit over the first 21 buses, the Albuquerque Rapid Transit project will begin operations on Saturday, Nov. 30. Keller deemed it “one of the first positive announcements we’ve gotten about this project.” It was in mid-November, 2017, that former Republican Mayor “Boondoggle Berry” dedicated ART project with a photo op, yet only one bus had been delivered at that time just for Berry’s “photo op” victory lap.

The new ART Buses will run on a nine mile stretch of Central Avenue between Unser Blvd on the West Side to Louisiana and Central traveling on dedicated lanes in the middle of central where bus stop platforms have been constructed. No left turns are allowed on the 9-mile route. The ART bus route will replace the existing Rapid Ride “Red” and “Green” lines and will run supposedly every 10 minutes. Keller announce rides will be free through Jan. 1, and $1 per adult thereafter.

https://www.abqjournal.com/1389158/after-years-of-delay-art-is-set-to-begin-operation.html

NMPIRG REPORT RELEASED

On November 3, 2019, a report was released New Mexico Public Interest Research Group (NMPIRG) Education Fund, Environment New Mexico and the Frontier Group outlining the lessons learned from the Albuquerque Rapid Transit (ART) bus project. You can review the report at this link:

https://uspirg.org/feature/usp/electric-buses-america

According to the NMPIRG report, many of the projects problems were mechanical malfunctions specific to the 60-foot electric bus manufactured by Build Your Dreams (BYD) by special order from the city. According to numerous news reports, the reported problems found by the City with the BYD buses delivered were:

1.The center and rear brakes had zero air pressure, yet the 60-foot-long articulated buses were able to move, meaning that the center and rear axle brakes were not working and the buses were relying on their front brakes alone.
2.Rear doors would open during bus operation without any action by the driver.
3.The buses had air conditioning outages
4.Bolts flying off doors.
5.The electric buses delivered were supposed to operate for 275 miles, but city officials found the buses could not go more than 177 miles before they needed recharging.
6.The lack of undercarriage protection.
7. Buses that wouldn’t stop when emergency doors were utilized.
8. Cracking on bus exteriors.
9. Mirrors not set up correctly.
10. Wiring problems and electrical system problems.
11. The handicap electric chair lock becoming unsecured when the driver turns on the air conditioner.
12. The bus batteries heat up so much that they can’t take a charge.
13. The batteries or not properly stored or cooled on the buses posing a fire hazard.
14.Wheelchair ramps that deploy when weight is on them
14. Doors that open while the bus is in motion.
15. Exposed high-voltage wires.
17. Failure to construct extra charging stations promised.

The 15 buses that were manufactured and delivered by BYD were picked up by BYD after the city made a demand of the company to take back the buses due to the significant number of safety and battery-life issues. One of the BYD buses returned actually broke down on the road back to California.

December 7, 2018 Mayor Keller held a press conference announcing cancellation of its contract with BYD. Keller announced Albuquerque was taking legal action against the California based company for breach of contract and “unfair trade practices” which would have allowed the city to recover “treble damages” and attorneys fee if the city prevailed.

The cost to the city for the electric buses was to have been nearly $22 million for 20 buses, but only 15 buses were ever delivered and then returned. The city paid nothing for the buses. The city demanded BYD to pick up and accept the return of the 60-foot electric buses. The lawsuit was settled in May, 2019 with both parties agreeing to a “dismissal with prejudice” terminating both parties’ obligations. Albuquerque was not required to pay anything for the buses, and BYD agreed not countersue for breach of contract.

According to the NMPIRG report, the 9-mile ART route itself posed significate challenges for electric buses. The Central Avenue route has a 1,000-foot change in elevation, which for an electric bus can reduce battery life per charge. Notwithstanding the problems with the BYD buses and the bus route itself, Mayor Tim Keller announced in August that the city would receive a $2.7 million federal grant to purchase five new 40-foot electric city buses from a different company.

According to Environment New Mexico Director John Ammondson:

“This is a demanding route because of elevation and temperature … We found that Albuquerque should incorporate on-route charging stations like some other cities do, as opposed to charging overnight in a depot. … Like with any new technology, there are growing pains. … The city could have thrown in the towel and said electric buses won’t work in Albuquerque, but it’s clear that they still can. This shows the city understands electric buses are the future. The rest of New Mexico should jump on this as quickly as possible.”

https://www.abqjournal.com/1386829/report-lessons-learned-from-failed-art-buses.html

The NMPIRG report studied successes and setbacks of electric bus programs in Seneca, South Carolina; Chicago, Illinois; King County, Washington; Twin Rivers, California; and Massachusetts. What was found is that cities and school districts paid more up front for electric buses than traditional diesel buses. The report found that the average electric transit bus costs $750,000, compared with $500,000 for a diesel transit bus. An electric school bus costs $230,000, and a diesel school bus has a price tag of $110,000.

According to the NMPIRG report, the cities and school districts saved money by switching to electric buses because of reduced maintenance and the stability of electricity costs compared to fossil fuel. Electric busses have the benefit of reducing harmful emissions damaging the environment. According to the American Public Transportation Association, diesel powers half of America’s 70,000 public transit buses and 95% of the nation’s school buses. Diesel exhaust chemicals fuel the depletion of the ozone.

The report recommends cities implement a pilot program of electric buses to test for problems, then take advantage of federal funding and commit to a specific timeline for replacing old vehicles with electric transit.

WHISTLEBLOWER LAWSUIT FILED

On November 1, it was widely reported by the media that former Albuquerque Traffic Engineer John Kolessar filed a “whistleblower” lawsuit claiming he was fired for raising concerns about the Albuquerque Rapid Transit (ART) project. The lawsuit, filed in the Second Judicial District Court in Albuquerque names the city of Albuquerque and two of Kolessar’s then-supervisors inside the Department of Municipal Development.

Kolessar alleges in his lawsuit the city failed to follow traffic safety rules and ordinances. Kolessar also alleges that he was labeled a “problem employee” when he “pushed back” against city decisions that violated national standards for traffic signs and lighting. According to the lawsuit, the former Traffic Engineer was fired in November 2017 “for using his work vehicle for personal errands and other minor personnel infractions” alleging the firing was retaliation for his “complaints about the City’s disregard for traffic safety and other matters of public concern.”

City spokeswoman Jessie Damazyn issued a very short statement regarding the whistleblower lawsuit saying:

“This is active litigation, but it is the City’s position that Mr. Kolessar was terminated with cause.”

According to the civil lawsuit filed, Kolessar worked with the city for 9 years and repeatedly complained to superiors about the city’s failure to follow safety rules and ordinances when it came to the Albuquerque Rapid Transit (ART) project. The allegations included violating the safety rules and ordinance outlined in the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD). The lawsuite alleges in part:

“On numerous occasions, including in the context of ART, Mr. Kolessar’s supervisors directed him to disregard MUTCD safety requirements, especially related to the placement and use of traffic signals and signs, … The City often bypassed the MUTCD for political and budgetary reasons.”

According to the lawsuit Kolessar “submitted an extensive list of concerns” about ART, contending that it included unwarranted traffic signals, had “dangerous and inconvenient U-turn configurations,” and the “elimination of safe parking and created traffic conditions that would harm local businesses.”

Among the concerns alleged in Kolessar’s lawsuit include unprotected crosswalks, signals going up at intersections without engineering studies and disregarding a recommendation to replace 16 Downtown signals with four-way stop signs. The civil lawsuit alleges that in response to one Kolessar’s email outlining his concerns in the department, a supervisor wrote:

“You have a habit of citing reduction in accidents, personal injury, property damage liability or increases in traffic flow to support your self-serving generalizations.”

The Kolessar lawsuit alleges he faced retaliation, including a work schedule change. According to the suit, an outside investigator hired by the city put a GPS tracker on Kolessar’s official vehicle, found “a small number of minor detours” during work hours “but no serious misconduct.”

Kolessar is seeking double back pay and associated benefits, reinstatement, attorney’s fees, interest and undisclosed punitive damages.

https://www.abqjournal.com/1386344/former-city-of-abq-traffic-engineer-files-whistleblower-suit.html

SILVER LINING TO WHISTLEBLOWER LAWSUIT

Former Mayor Richard Berry, former Chief Operations Officer Michael Riordan and former Transit Director Bruce Rizzeri have never been held accountable for their actions with the disastrous ART Bus Project even after the June 6, 2018, Albuquerque Inspector General (IG) report was released. Given the nature of the allegations contained in the whistle blower complaint, the depositions of Berry, Reardon and Rizzieri would be in order to find out what, if anything, their involvement was with the termination of the whistle blower. Just maybe, just maybe, all 3 will eventually be held accountable for the $135 million boondoggle and the cramming the Bus Art project down the throats of taxpayers without a public vote.

INSPECTOR GENERAL REPORT

On June 6, 2018, a 73-page Office of Inspector General (IG) report on the ART Bus project was released to the public. The entire Inspector General report on the ART Bus project can be read here:

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

The report found that former Mayor Berry’s Chief Operations Officer Michael Riordan allegedly “threatened” to terminate the city’s $22.9 million contract with the manufacturer of the special-order ART buses. Michael Riordan was said to have demanded a new bus be delivered in time for Berry to ride and have a photo op before he left office so he could say ART was up and running.

According to the Inspector General report, then Chief Operations Officer Michael Riordan “was adamant about having a bus transported to the City before the end of the Mayor Berry administration.” An Albuquerque transit employee told the Inspector General that “core processes on manufacturing buses was altered to ensure delivery of the first bus by the deadline.” The IG report described two city employees interviewed who recounted a “tense” and “unusual” phone call between then-city Chief Operating Officer Michael Riordan and top executives from the manufacturer. According to the Inspector General’s report the first bus delivered in August 2017, was assembled by the manufacturer using a “frame intended for buses being built for [another city’s transit authority].”

Frames intended for the Albuquerque’s buses had not yet been shipped nor received by the manufacturer. The Inspector General found that the bus manufacturer used “parts and pieces” intended for another city’s buses for the first ART bus delivered.

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

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

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

Mayor Tim Keller and his administration never even bothered to forward the Inspector General’s report to a criminal investigating agency. When Keller was asked if he felt his predecessor should be criminally investigated for ART and be held accountable, he avoided answering the question

https://www.petedinelli.com/2019/06/03/such-a-deal-for-art-with-no-press-conference-keller-held-no-one-accountable-for-art-disaster-city-council-should-hold-public-hearing/

BUS RIDERSHIP DRAMATICALLY DOWN

On February 8, 2018, ABQ Reports reported that there has been a free-fall of bus ridership in Albuquerque since 2012 and it continued in 2017 as boardings fell by 10.6 percent from the previous year. According to the report, since 2012, when bus ridership peaked, yearly boardings have fallen by nearly 3.26 million, or an astonishing 25 percent. According to the Federal Transit Administration, bus boardings in Albuquerque totaled 9.7 million in 2017, down from 10.9 million in 2016, and from 11.8 million in 2015.

According to the ABQ Reports:

“Nationally, public transportation ridership was down by 3.1 percent for the first nine months of 2017 compared to the previous year, according to the American Public Transportation Association. Through the first nine months of 2017, there were 7.6 billion boardings, or unlinked passenger trips. That compares to 7.8 billion boardings through the first nine months of 2016.”

https://www.abqreport.com/single-post/2018/02/07/ABQ-bus-ridership-plunges-again?fbclid=IwAR2HwYkUyF8Yh91WOAk5qOUH7cAAHMk0I8iD4vrSAVd-3zd0v9GnWBTOYaM

On March 5, 2019, the city’s ABQ RIDE Ridership Statistics by Route for Fiscal Year 2018 (July 2017 through June 2018) were released by the Keller Administration. You can read the report here:

https://www.cabq.gov/transit/documents/fy18-annual-productivity-summary.pdf

The city report published by ABQ RIDE bus service shows a decreasing number of riders boarding buses in total and a decrease in ridership on some of the city’s bus system’s most popular routes. According to the statistics compiled by ABQ Ride for Rapid Ride buses, ridership fell from 1.91 million total riders on all Rapid Ride routes in FY 2017, to 1.65 million total riders on all Rapid Ride routes in FY 2018.

On the popular Route 66 bus across Central Avenue, the total number of riders fell from 2.26 million total riders in FY 2017, to 2.06 million total riders in FY 2017. Comparing the data between FY 2016 and FY 2018, the ridership decline is especially noticeable. In FY 2016 (July 2015-June 2016), ABQ Ride counted 11.20 million riders on all Rapid Ride and regular routes.

In FY 2018 (July 2017-June 2018) ABQ Ride counted 9.47 million riders on all Rapid Ride and regular routes.

Referring to the comparison between Fiscal Year 2018 and Fiscal Year 2017 data, Rick DeReyes, spokesman for ABQ Ride had this to say about the report:

“We had the Rapid Ride routes overall decrease about 15 percent ridership over the previous year, we had the Route 66 decrease in ridership about 9 percent. … We’re looking at decreases all over the country in ridership in most major cities. … Especially in the southwestern cities like Denver and Phoenix, comparable cities, but we’re talking about El Paso, Lubbock, Tucson, some of those cities as well.”

Reyes added that the city thinks low gas prices and ART construction on Central were in part to blame but said there are other factors. ABQ RIDE still thinks ART itself will get more people riding the bus once the service launches.

“Once we get a chance to get people to realize how much more timely that system will be, we’re hoping that people will be attracted to that” said DeReyes.

According to a news report, the city has started the process of reviewing the entire bus route system to see what can be changed to increase ridership. The problem with ART is that it is a specialized bus route that cannot be moved, changed or altered in any way because of the platforms built in the middle of Central.

https://www.krqe.com/news/albuquerque-sees-decreased-bus-ridership-as-art-service-awaits/

COMMENTARY AND ANALYSIS

When Tim Keller was New Mexico State Auditor and just after one year in office as State Auditor, he started his campaign for Mayor saying he had stopped “waste, fraud and abuse” in government spending as State Auditor. He made a “white night” reputation going after government corruption and wasteful spending by government officials.

In 2016 and 2017, there were numerous public hearings for ART and even a Federal lawsuit to stop ART. State Auditor and candidate for Mayor Keller did not attend a single public hearing on ART nor a single federal court hearing. Tim Keller took absolutely no positions on ART as a candidate for Mayor. During his year and a half quest to become Mayor of Albuquerque, Tim Keller never called upon his Republican predecessor to stop the ART Bus project, nor to cancel the bus contract nor did he ever condemn it as destroying historical Route 66.

The ART project was clearly a case of “waste, fraud and abuse,” but as State Auditor, Keller did nothing to try and stop ART. Keller ran for Mayor on a platform of change, but once elected, he chose the “status quo” to continue with the project started by his Republican predecessor. From day one of being Mayor, Keller has said that too much has been spent on the project and it would be too costly to reverse the project.

Keller has now spent half of his term to clean up a mess that he could have easily ordered a stop to and cutting our losses. No doubt Keller is clinging to hope that the ART bus project will succeed so he can take credit for it now that he has announced he is running for a second term.

What a waste of opportunity and a destruction of historical Route 66 when Mayor Keller could have cut the city’s loses on day one of his term and cancelled the project. Soon after being elected, many met with him and encouraged him to order the project be stop. Keller was also warned that it would be upwards of 2 years or half of his term to clean up the mess, which has now happened. Instead, Mayor Keller chose the avenue of least resistance.

ALTERNATIVE USE SOLUTION PROPOSED

The solution into get rid of the dedicated bus lanes and return Central to the two-lane traffic it was in both directions and restore the 350 lost parking spaces on Central.

The white “elephant canopies” should be removed and the platforms stripped barren. An alternative use for the platforms that blends into the neighborhood architecture needs to be found. Such alternative use could be large sculptures to commemorate route 66, neon signage reminiscent of the 1950s and Route 66’s heyday or even planters for trees and nighttime lighting.

The $50,000 BURQUE sculpture could be place on one of the platforms as a permanent fixture. Designed sculptures could carry the theme of the platform’s locations, such as the Nob Hill platform, the UNM platform across the street from the Frontier Restaurant and the Old Town area platform.

The funding could have easily come from the Capitola Improvements Program with general obligation bonds placed on the November 5 ballot for voter approval, where $127 million in bonds were approved. Funding could also come from the “Art In Public Places” fund mandated for development.

Work on rededicating the bus platforms for other usage would not take as much time nor as much construction and no tearing up central the way ART did.

CONCLUSION

The $135 million ART Bus project was built on the philosophy “if we build it, people will use it”. Mayor Keller, the City Council and City voters and residents should know within a year if the such a philosophy has any merit.

Until then, Keller should use the time and make effort to develop a “back up” plan should bus ridership continue to drop and the ART Project is the failure so many believe it is. Keller’s re election bid may well depend on it.

For related blog articles see:

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