On Friday, December 8, 2017, one week after Tim Keller was sworn in as Mayor, he announced he was eliminating several high-ranking executive positions that former APD Chief Gordon Eden had created. APD’s executive staff historically has consisted of only 4, the APD Chief and 3 Deputy Chiefs. Among the positions eliminated by Mayor Keller were the position rank of Major and an Assistant Chief position. Keller at the time said that APD was “top-heavy,” which was straining crime-fighting efforts of APD and added:

“Making these changes is an immediate step towards reforming the department to support more officers in the field for community policing efforts, while staying on top of the Department of Justice improvements … With a department that is stretched so thin, there’s no reason to have a top-heavy bureaucracy.”

https://www.abqjournal.com/1104325/apd-to-drop-highranking-executive-positions.html

Mayor Keller appointed as Interim Chief, and later made him permanent, APD Chief Michael Geier. Returning to the historical number of 3 Deputy Chiefs, Eric Garcia, Harold Medina and Rogelio Banez were appointed Deputy Chiefs.

APD EXECUTIVE STAFF PAY UNDER FORMER MAYOR BERRY

For purpose of comparison, following were the annual salaries paid to APD Executive Staff under former Republican Mayor Richard Berry who left office on December 1, 2017:

1. APD Chief Gordon Eden was paid $166,699.

2. Assistant APD Chief Huntsman was paid $132,435.

3. APD Deputy Chief’s were paid $115,000.

4. APD Deputy Chief Jessica Tyler (APD Academy Director) was paid $105,514

https://www.petedinelli.com/2017/01/19/its-good-to-be-on-the-kings-payroll-unless-youre-an-overworked-beat-cop/

KELLER CREATES HIS OWN VERSION OF A TOP-HEAVY APD BUREAUCRACY

After two and a half years in office, Mayor Tim Keller has created his own version of a “top-heavy executive staff bureaucracy” now consisting of a Chief, First Deputy Chief, Second Deputy Chief, 3 Deputy Chiefs, an APD Chief of Staff and a Deputy Chief of Staff, doubling the size of the traditional APD Executive Staff from 4 to 8.

At the end of each calendar year, City Hall releases the top 250 wage earners. 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 updated the list for the year 2019. In 2019 there were 7 major employees, including the Chief, that comprised the APD Executive Staff all who report to Mayor Keller and Chief Administrative Officer Sarita Nair. The list of 250 top paid employees in 2019 earning pay ranging from $117,076.80 to $183,378 in the Chief’s Office for 2019 were:

1. Chief Of Police Michael Geier, yearly pay: $183,378.60.

2. Deputy Chief Arturo E. Gonzalez, yearly pay: $140,498.63.

3. Deputy Chief Eric J. Garcia, yearly pay: $140,144.28.

4. Deputy Chief Harold Medina, yearly pay: $136,040.20.

5. Deputy Chief Jon J Griego, yearly pay: $134,522.59.

6. APD Chief of Staff John Ross, yearly pay: $129,304.68.

7. APD Deputy Chief of Staff Elizabeth Armijo, yearly pay: $117,076.80.

TOTAL 2019 SALARIES PAID APD EXECUTIVE COMMAND STAFF: $980,965.78.

APD EXECUTIVE SALARY INCREASES AND NEW POSITIONS

Mayor Tim Keller has created the positions of First Deputy Chief, Second Deputy Chief, APD Chief of Staff and APD Deputy Chief of Staff with significant raises given to all those appointed.

A city employees total yearly pay is calculated by taking the hourly pay rate multiply by 2080 hours representing 52 weeks at 40 hours a week. The August 18, 2020, City of Albuquerque Pay Rate Report for the Albuquerque Police Department reflects the following hourly and yearly pay for 7 in the Chief’s upper command staff brass as follows:

1. Chief Of Police Michael Geier, yearly pay: $183,378.60

2. First Deputy Chief Harold Medina, yearly pay: $145,017.60 ($69.72 per hour X 2,080 hours a year)

3. Second Deputy Chief Michael Jay Smathers, yearly pay: $143, 000.00 ($68.75 per hour X 2,080 hours a year)

4. Deputy Chief Jon J. Griego, yearly pay: $139,235.20 ($66.94 per hour X 2080 hours a year)

5. Deputy Chief Eric J Garcia, yearly pay: $139, 235.20 ($66.94 per hour X 2,080 hours a year )

6. Arturo E. Gonzalez, Deputy Chief, yearly pay: $139,235.20 ($66.94 per hour X 2,080 hours a year)

7. APD Chief of Staff John Ross, yearly pay: $139,235.20 ($66.94 per hour X 2,080 hours a year)

8. APD Deputy Chief of Staff Elizabeth Armijo, yearly pay: $118, 331.20 ($56.89 per hour X 2,080 hours)

TOTAL 2020 SALARIES PAID APD EXECUTIVE COMMAND STAFF: $1,007,433.00

Link to pay listing:

https://publicreports.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FTransparency%20Report%20-%20Graded%20employees%20v2&id=i0CD502A48E274256A9B4229E90490C66&objRef=i0CD502A48E274256A9B4229E90490C66&action=run&format=HTML&cmPropStr=%7B%22id%22%3A%22i0CD502A48E274256A9B4229E90490C66%22%2C%22type%22%3A%22report%22%2C%22defaultName%22%3A%22Transparency%20Report%20-%20Graded%20employees%20v2%22%2C%22permissions%22%3A%5B%22execute%22%2C%22traverse%22%5D%7D

JUNE 15 JUAN DE OÑATE STATUE PROTEST

“La Jornada” is a series of bronze statues in front of the Albquqeruque Museum which features conquistador Juan de Oñate, but does not identify him. It was accepted into the city of Albuquerque’s public art collection in 2005. The work of Reynaldo “Sonny” Rivera and Betty Sabo, the sculpture drew controversy during its planning stages, with critics arguing 20 years ago that it was disrespectful to Native Americans. The city, as part of the same project, also commissioned Native American artist Nora Naranjo-Morse to create an adjacent land art installation called “Numbe Whageh.” Together, the sculptures cost the city taxpayer upwards of $800,000.

On June 15, a man was shot in Old Town over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The June 15 event was originally scheduled to be “prayer vigil” for the removal of the Juan de Oñate statue from the Albuquerque Museum. The prayer vigil erupted into a protest riot and a shooting occurred during the protest for the removal of the figure of Juan de Onate de Salazar in the sculpture.

During the protest, there were 5 to 6 heavily armed New Mexico Civil Guard members, some dressed in military camouflage, present trying to “protect” the sculpture. It was reported that the shooting occurred when at least 3 of the protesters attacked a person identified as Steven Baca who was walking away from them. Steven Baca was struck in the head with a skateboard and Baca drew a gun, shot numerous times, with one shot hitting one of the protesters. The shot protester was rushed to the hospital and was listed in critical but stable condition. The shooting and violence resulted in the City taking the single figure of Onate in the sculpture grouping down.

https://www.abqjournal.com/1465984/city-faces-new-calls-to-remove-ontildeate-sculpture-2.html

The Albuquerque Police Department (APD) was severely criticized for not stepping in earlier to prevent the protest from escalating from a peaceful protest to a violent confrontation as what happened.

EMERGENCY RESPONSE TEAM TACTICAL PLAN

After more than a two month delay, APD finally released the plan detailing when the APD Emergency Response Team (ERT) were allowed to intervene during the June 15 protest. Such plans are referred to as TACT Plans. The ERT team are police officers outfitted with riot gear given the responsibility to take control of gatherings of people that escalate into confrontations, violence or a riot. The link to the ERT TACT plan is here:

https://www.scribd.com/document/472053424/APD-Emergency-Response-Team-Event-Action-Plan#from_embed

The ERT plan was prepared by Lt. Joseph Viers and was signed off by Police Chief Michael Geier a full 10 days after the protest yet it was supposedly drafted days before the June 15 event. The directives spelled out in an APD Event Action Plan provides in part as follows:

“ERT will only engage if there is a threat to life or if major property damage occurs. Damage to the statue will be considered minor property damage and will not elicit an ERT response. Any threat to the Albuquerque Museum will be considered major property damage due to there being high value historical items inside that cannot be replaced.”

During the June 15 protest, APD used tear gas to disperse the crowd. The Event Action Plan lays out when officers should deploy gas, including in the case of a “lethal situation” and states:

“If gunfire or other life-threatening situations arise, ERT is authorized to deploy gas immediately to clear crowds and enable officers to withdraw to positions of cover. All ERT members will be dressed with rifle plate armor and carriers.”

Deputy Chief Harold Medina said during a news press conference that protecting the Juan de Oñate statue was “not worth damaging relations with the community for years to come.” During news conferences held by APD command staff about both the Oñate protest and an earlier incident Downtown in which people smashed business windows hours after a peaceful march, APD officials said a major concern was that if officers’ step in and made arrests for “minor” property damage, the situation could escalate unnecessarily.

https://www.abqjournal.com/1485044/apd-plan-limited-intervention-in-onate-protest.html

COMMENTARY AND ANALYSIS

The APD Executive Command Staff in the Chief’s Office are being paid the most they have ever been paid in the history of APD. Further, tens of thousands in raises have been handed out to them by Mayor Tim Keller since he took office 2 and a half years ago. Chief Geier is being paid $16,679.60 more than former Chief Gordon Eden, the First and Second Deputy Chiefs are being paid upwards of $12,600 more than the Assistant Chief under Chief Gordon Eden, and all 3 Deputy Chiefs are now being paid $24,000 more than the Deputy Chiefs under former Chief Gordon Eden.

The salaries and raises given APD’s executive staff in the Chief’s Office can only be describe as pure greed. Mayor Tim Keller and Chief Administrative Officer Nair are blind to the appearance and the images created when Deputy Chiefs are paid so much, actually bicker and complain over 3 or 4 thousand dollars in pay, while so many citizens have lost their jobs and struggling during a pandemic. Then there is the matter of APD command staff failing to get a handle on the City’s skyrocketing crime rates which suggests that the APD Executive Staff are not worth what they are being paid to do their jobs, especially given the fact that the majority of the executive staff are return hires to APD and worked their way up the ranks under former APD Chiefs Schultz and Eden.

GREED AND AMBITIONS OF MEDINA

APD Deputy Chief Harold Medina has gone from being paid $136,040.20 in 2019 to now being paid $145,017.60 a year after repeatedly complaining to Chief Geier and CAO Nair he was paid less than the other Deputy Chiefs. City Hall insiders are also noting that Deputy Chief Harold Medina has increased his “media presence” and conducting press conferences and news briefings on occasion with those normally reserved for Chief of Police Michael Geier and even Mayor Tim Keller.

It is no secret at city hall that Chief Administrative Officer Sarita Nair is very much involved with the day to day management of APD and that Deputy Chief Harold Medina have developed a strong working relationship with CAO Nair. According to sources 1st Deputy Chief Harold Medina will do whatever he is told to do by CAO Nair and Mayor Tim Keller.

Confidential APD command staff are also reporting that Deputy Chief Harold Medina is making it known to them that he intends to be the next Chief of APD sooner rather than latter or once Mayor Tim Keller is elected to a second term in 2021 and after APD Chief Michael Geier retires for a third time before or after the 2021 election. (See related blog article below.)

$800,000 MUSEUM SCULPTURE EXPENDABLE PUBLIC RELATIONS

More than one confidential source has reported that Mayor Tim Keller was in constant contact with CAO Sarita Nair during the June 15 Onate Statue protest at the Albuquerque Museum and were particularly concerned to what extend the Onate statute should be protected and if it even should be protected at all. Mayor Keller had already been informed that the Albuquerque Museum Board of Directors had decided a week earlier that the Onate statue was to be removed and stored until a decision could be made what to do with the statue. As a work of art, the Onate statue is worth upwards of $100,000 and when combined with the other statues, the exhibit originally cost the city $800,000 paid for by voter approved bonds.

According to APD confidential sources, it was Deputy Chief Harold Medina who made sure that the tactical plan for the June 15 Onate Statue Protest signed off by Chief Geier 10 days after the protest gave instructions as to what and how city property, particularly the Onate statue was to be protected, or in this case, not protected. What is extremely disturbing is that the tactical plan did not consider the Oñate statue by renowned artist Sonny Rivera, city property worth thousands and paid by the taxpayer, to be property worth protecting. In essence APD, and in particular APD Deputy Chief Harold Medina was fine with protesters armed with pickaxes and chains taking down the statue, so long as they didn’t try to set the museum on fire.

Neither Nair nor Keller have prior management experience with any law enforcement department and have no experience with tactical plans nor how they are implemented. If Keller and Nair were directly involved and gave instructions on how they wanted Medina and APD to handle the June 15 protest, they infused politics in the management of APD and so did Deputy Chief Harold Medina.

It appears Deputy Chief Harold Medina’s doing the bidding of CAO Sarita Nair has paid off with a $9,000 pay raise as he pursues his ultimate goal of becoming APD Chief of Police once and if Chief Geier retires for a third time from law enforcement.

For a related blog article see:

Who Is In Charge At APD?; Answer: CAO Sarita Nair; Politics Is No Way To Run APD

On August 17 and August 18 the following articles written by Dan Klein were published by ABQ Report. Both articles are related and address the ongoing controversy within APD regarding the goings on within the offices of APD Chief Michael Geier and the internal affairs investigation of APD Chief of Staff John Ross.

APD’S BLUE WALL OF COWARDICE
August 18, 2020|

Dan Klein

“– He-men cops fail to aid a secretary.

There is a blue wall of cowards on APD’s 5th floor. They will enforce rules on everyone below them, but when it comes to their peers they cower, bicker and hide. And where is Mayor Keller?

https://www.abqreport.com/single-post/2020/08/17/APD-continues-to-crumble-around-an-inept-mayor

CHIEF GEIER EXPLAINS JOHN ROSS PAY RAISE

In his July 20 memo sent to Internal Affairs Professional Standards, Chief Geier explains the pay to raise by saying Ross had asked for a “small bump” in pay, which Geier interpreted to mean “a few thousand dollars annually.” According to Geier:

“[Ross] thought he could be elevated to the same pay level as a Deputy Chief but I explained that would not be feasible due to our existing rank structure and our compensation and classification process. … I also told him that Deputy Chief Harold Medina was already upset that two other Deputy Chiefs were already getting paid more than him due to a longevity agreement from the last administration. [When I signed the memo, I] did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John.”

Geier said he was surprised when he learned from the city’s website that Ross was making almost $140,000 a year, about $5,000 more than Deputy Chief Harold Medina. Geier wrote internal affairs:

“I sign a lot of documents and am very busy at times and it is possible I missed it. … However, I reminded him of our initial conversations about the possible implications of receiving such a large raise and the appearance of impropriety.”

Ostensibly what happened is the John Ross took the salary increase memo to CAO Sarita Nair and was given a significant pay raise at the rate of a Deputy Chief. CAO Nair appears to not have contacted Chief Geier to confirm his approval of the raise relying on the personnel documents that had Geier’s signature stamp.

APD CONTINUES TO CRUMBLE AROUND AN INEPT MAYOR; APD RUN BY CAO SARITA NAIR

August 17, 2020
|
By Pete Dinelli

–The transfer of Paulette Diaz from the 5th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department smacks of political retaliation against a whistle blower.

Things are only getting worse with Sarita Nair trying to run APD with mixed messages and politics. Mayor Tim Keller is more concerned with public relations and being well liked and lacking any real substance in reducing our high crime rates. Mayor Tim Keller needs to get a grip on the fact that its time to thank Chief Geier for his work and to find a new Chief who is willing to run a department without interference, and if that person can’t do the job, move on to someone who can.

https://www.abqreport.com/single-post/2020/08/17/APD-continues-to-crumble-around-an-inept-mayor

Albuquerque’s long hot summer of violent crime continues as the body count continues to rise along with the hot temperatures. Within the span of 5 days, there were 2 police officer involved shootings and 3 homicides, with a total of 5 dead. This blog article is a discussion of all 5 shootings with Commentary and Analysis.

TWO POLICE OFFICER INVOLVED SHOOTINGS

The two police shootings are the fifth and sixth by the Albuquerque Police Department so far this year. The Multi Agency Task Force is investigating both shootings. The two previous officer involved shootings that were the shooting of Orlando Abeyta, who police say was waving what turned out to be a BB gun at an East Central bus stop, and Valente Acosta-Bustillos, who police said swung a shovel at them during a welfare check that turned into an arrest.

Links to news coverage are here:

https://www.kob.com/albuquerque-news/apd-investigates-officer-involved-shooting-on-west-side/5822779/

https://www.krqe.com/news/albuquerque-metro/apd-investigating-officer-involved-shooting-in-taylor-ranch/

https://www.usnews.com/news/best-states/new-mexico/articles/2020-08-11/albuquerque-police-fatally-shoot-2-imen-n-separate-incidents

JOSE VALLEJO SHOOTING

During a five hour period between Monday night, August 10, and early Tuesday morning, August 11, Albuquerque police officers shot and killed two men in separate incidents.

The first incident began around 8 p.m. with a neighbor dispute in a West Side neighborhood near Taylor Ranch. Police identified the man who was killed as 48-year-old Jose Vallejos. Residents of a quiet West Side neighborhood near Taylor Ranch reported that two men who lived next to each had been fighting for years. On Monday night, around 8:15 pm, officers were sent to the area because a caller said his neighbor had pointed a firearm at him.

Deputy Chief Harold Medina in a news conference at the scene shortly before midnight said officers arrived on scene and there was some kind of altercation. According to Medina, at least 3 officers were on scene with shots fired but he did not know how many fired shots. At least one APD officer fired a gun and Vallejos was struck at least once. Vallejos died on scene and a firearm was located nearby. Medina said:

“Officers were given the information that one of the neighbors was armed with a firearm and to compound the problem there was a young child that was positioned between the two feuding neighbors. … It’s unknown if anyone else fired any type of firearm.”

Medina did not know how old the child was or what relationship they had to those involved in the fight. The child was talking on the phone with 911 during the incident and was not hurt.

KEN REISS SHOOTING

The second police officer involved shooting occurred around 1 a.m. on August 11 following a call out about a home invasion in a University-area neighborhood of Southeast Albuquerque at the 2700 block of Garfield, near Vassar SE. According to Deputy Chief Harold Medina, a homeowner called 911 and told the dispatcher that he had opened fire on multiple people after they broke into his home. When officers arrived, they found a man a few houses away and the man fired at police. Median said at least one officer shot back, hitting him. No officers were injured. The man was taken to the hospital, where he died.

https://www.krqe.com/news/crime/albuquerque-officers-investigate-police-shooting-south-of-unm/

APD has identified the police killed near the University of New Mexico as 50-year-old Kenneth Reiss, the same individual who called police about a home invasion. Ken Reiss was part-owner at Carraro’s & Joe’s Place located in the UNM area. Reiss has no known criminal history outside of a few traffic violations and was extremely well liked by his neighbors and patrons of his restaurant.

Kat Schroeder, a longtime friend of Reiss, said Reiss was not the kind of person to shoot at police and said:

“I’ve never known him to carry a gun. We had lengthy conversations about violence and society and police – he was not a violent person, and would not jump to violence in any situation. I watched him handle violent situations with a cool head.”

CONFLICTING ACCOUNTS IN REISS SHOOTING

According to APD, when officers arrived at the scene, Reiss fled and officers chased him and that is when they say the Reiss shot at them. The officers then fired back. Reiss was taken to the hospital where he later died. According to news reports, Police say Reiss fired at officers before they shot back and that nobody else was found in the area. However, neighbors say they heard a man and woman yelling “get out of here” before gunfire rang out, two shots at first and then numerous shots that followed 10 minutes later when APD arrived.

Linda Johnson, a neighbor, said she saw Reiss right before officers arrived. She said Reiss was holding a gun at the time and appeared very distressed and out of sorts. Johnson said:

“He saw people coming down the street and I think his adrenaline was going, he was so terrified, he was delusional or didn’t see that they were the police because why would you call the police and then run away with a gun in your hand.”

Johnson and other neighbors confirmed what police said in their initial report that Reiss shot at police first before they opened fire.

https://www.krqe.com/news/crime/police-identify-man-killed-in-officer-involved-shooting-in-southeast-albuquerque/

Joshua Rodgers, who lives across the street from where Reiss was killed, said his doorbell camera caught the entire interaction. Rodgers claims that in the video, you can see Reiss hide behind a vehicle moments before officers’ approach on foot. As the officers move past the vehicle, they spot Reiss behind it and all point their guns, saying “show us your hands” but never identifying themselves as police.

Rodgers had this to say:

“He wasn’t being aggressive; he was just cowering. … I don’t fully believe he knew they were cops. I think he was just confused.”

Rodgers said police opened fire and then, as Reiss can be heard screaming, police yell “drop it” repeatedly. “Then four more shots – and no more screaming,” Rodgers said.

AFFIDAVIT OF SEARCH WARRANT IN REISS SHOOTING FOUND BY NEIGHBORS

On August 15, the Albuquerque Journal reported that a search warrant affidavit was left by APD in the home of Kenneth Reiss on Reiss’ couch. Leaving a copy of the search warrant and affidavit at a place searched is standard operating procedure when no is at the property to be searched. The affidavit was found by friends who went to his home after he didn’t show up to work. The police affidavit, ostensibly sworn to under oath, lays out the police account of the events.

According to the search warrant:

“Reiss called 911 around 12:30 a.m. and said two people broke into his home in the 2700 block of Garfield SE, near Girard, and he had shot them both.
…
The caller, [identified as Ken Reiss] told dispatch that he still [had] his gun in his hand, and that there had been a fight over the previous weekend over a woman. … Ken advised dispatch that the woman was still in his house.”

The dispatcher then could hear Reiss talking to someone saying “by the car, get down” and “get behind the car right now, don’t worry about that.”

Additional shots were fired by this male subject toward officers. In response to being shot at, the officers returned fire. … Reiss was taken to the hospital where he died.”

At the time of the execution of the search warrant, APD found no one inside Reiss’ home and no one was found injured in the area, but there were bullet holes in the door, window and casings outside the home.

The links to Journal news stories are here:

https://www.abqjournal.com/1485291/police-shoot-kill-two-men-in-separate-incidents-overnight.html

https://www.abqjournal.com/1485689/friends-id-nob-hill-bartender-as-man-slain-by-police.html

THREE MURDERS IN 24 HOUR PERIOD

On Friday, August 14, three people were killed in Albuquerque in separate incidents over a 24-hour period with a fourth person fighting for his life .

Fire Arm Murder

A woman arrived at a fire station in northeast Albuquerque with a man who had been shot. Police said the man died as a result of his injuries and they are now investigating the incident as a homicide. The Albuquerque Police Department cleared the scene a little after 5 a.m. but they spent hours outside AFR Station #5, near Central and Pennsylvania. Police said the woman drove the man to the station overnight, and they are still trying to determine where the shooting happened. Police said there is no suspect information to release at this time.

https://www.kob.com/albuquerque-news/police-investigate-after-man-dies-at-albuquerque-fire-station/5826797/

Second Gunshot Victim In Critcal Condition

A second gunshot incident occurred around 10 p.m. where a man was shot on the 7800 block of East Central. Albuquerque Police Department spokesman Daren DeAguero said the man was transported to University of New Mexico Hospital, where he was in critical condition. In a news release late Friday, APD reported that no suspect was in custody in that incident.

https://www.kob.com/albuquerque-news/apd-investigates-3rd-homicide-in-less-than-24-hours-/5827678/?cat=500

Stabbing Murders

At about 7 p.m APD responded to a domestic dispute at the Chelsea Village apartments near Louisiana and Montgomery NE. Police found a man and woman with stab wounds at an apartment. The woman died at UNMH and the man is in critical condition from the stabbing. According to APD Spokesman Sgt. Tanner Tixier:

“Initial dispatch information stated that a female had shown up to the AFR Station with a wounded male victim in her vehicle. … That male victim eventually died as a result of his injuries.”

https://www.kob.com/albuquerque-news/apd-woman-dies-after-being-stabbed-/5827601/?cat=500

APD has not released the names or ages of any of the victims, nor have they released suspect information.

ABQ’S HOMICIDE STATISTICS UNDER MAYOR TIM KELLER

On Thursday, July 2, 2020 APD officials held a press conference to release the Albuquerque crime statistics for 2019. A synopsis of the homicide statics during Mayor Tim Keller’s tenure is as follows:

HOMICIDES

In 2018, during Mayor Keller’s first full year in office, there were 69 homicides.

In 2019, during Mayor Keller’s second full year in office, there were 82 homicides. Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was 72, in 2017 under Mayor RJ Berry. Another high mark was in 1996, when the city had 70 homicides.

https://www.abqjournal.com/1405615/apd-reports-record-82-homicides-for-2019.html#:~:text=Gilbert%20Gallegos%2C%20a%20police%20spokesman,high%20was%2072%2C%20in%202017.

With the 3 reported homicides on August 14, there have been 45 homicides reported in Albuquerque for 2020.

HOMICIDE CLEARANCE RATES

For the past two years during Mayor Keller’s tenure, the homicide clearance percentage rate has been in the 50%-60% range. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, under Mayor Berry the clearance rate was 70%. In 2018, the first year of Keller’s term, the homicide clearance rate was 56%. In 2019, the second year of Keller’s term, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade.

VIOLENT CRIMES

In 2017, during Mayor RJ Berry’s last full year in office, there were 7,686 VIOLENT CRIMES. There were 4,213 Aggravated Assaults and 470 Non-Fatal Shootings.

In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes There were 3,885 Aggravated Assaults and 491 Non-Fatal Shootings.

https://www.petedinelli.com/2019/11/21/city-matches-homicide-record-high-of-72-murders-mayor-keller-forced-to-defend-policies-makes-more-promises-asks-for-more-money/

In 2019, the category of “Violent Crimes” was replaced with the category of “Crimes Against Persons” and the category includes homicide, human trafficking, kidnapping and assault.

In 2019 during Keller’s second full year in office, Crimes Against Persons increased from 14,845 to 14,971, or a 1% increase. The Crimes Against Person category had the biggest rises in Aggravated Assaults increasing from 5,179 to 5,397.

POLICE OFFICER INVOLVED SHOOTINGS

Homicide rates do not include in the count criminal suspects who are shot at killed by police in the line of duty. Nonetheless, the number of police officer involved shootings resulting in death is a reflection violence in the community and how it may be dealt with by a law enforcement community. Following is a break down for the last 5 years and do date for 2020:

2013: 9
2014: 6
2015: 1
2016: 1
2017: 0
2018: 0
2019: 4
2020: 4 (As of August 18)

A list of names and years since 2007 is here:

https://en.wikipedia.org/wiki/List_of_Albuquerque_police_shootings

CITIZENS SATISFACTION SURVEY

The “Citizen Satisfaction Survey” is a research study commissioned by the City of Albuquerque to assess residents’ perceptions of the overall quality of life in Albuquerque, satisfaction with City services, and issues relating to crime, safety, and the economy. On January 21, the City of Albuquerque released the results of the 2019 study. The survey has a margin of error of plus or minus 4% points and the poll was conducted by Research & Polling Inc.

The results of the Public Perception Survey conducted by Research and Polling released in January, 2020 are as follows:

83% of those surveyed said more police officers are needed to make the city safer.
73% of residents surveyed said they felt that crime has had “a negative or very negative impact” on business in Albuquerque.
67% of those surveyed believe that crime rates in Albuquerque are getting worse.
66%, or two thirds, of residents surveyed say crime has had a negative impact on their quality of life.
28% of those surveyed said police officers needed additional oversight, rules and reforms.
27% of those surveyed believe that crime rated in Albuquerque is about the same.

COMMENTARY AND ANALYSIS

The police officer shooting of Kenneth Reiss is the most troubling of all the 5 fatalities. This is not the first time the city has seen APD dispatched to respond to a call for help at a residence and those who are seeking or needing help wind up being shot by police. Police have every right to defend themselves and use deadly force whenever they believe they are facing and immediate danger of great bodily harm to themselves or others.

What makes the Reiss shooting troubling is what is contained in the affidavit for search warrant when it says:

“Reiss called 911 around 12:30 a.m. and said two people broke into his home in the 2700 block of Garfield SE, near Girard, and he had shot them both.
…
The caller, [identified as Ken Reiss] told dispatch that he still [had] his gun in his hand, and that there had been a fight over the previous weekend over a woman. … Ken advised dispatch that the woman was still in his house.”

Based upon the accounts of what happened, the 911 call made by Reiss was clearly a Priority 1 call which means that there was an immediate threat of great bodily injury or death and APD . APD in fact arrived at the residence within minutes.

What needs to be determined is if the 911 dispatcher made any effort to order or direct that Ken Reiss and the unidentified woman to stay in the home and what efforts were made by the dispatcher to calm Reiss down. No doubt the 911 called was taped and it will reveal far more than what is in the affidavit. Instead, Reiss took it upon himself to leave the home assuming the risk to his own life and perhaps the life of the unidentified woman.

CONCLUSION

With 3 more murders recorded on August 14 with a total of 45 murders thus far for 2020, the city is on track to match or exceed the all-time record of 80 homicides in one year or come very close to it by the end of the year. Currently, APD has 950 sworn police or 250 short of what was promised by Mayor Keller. Keller’s 4 violent crime initiatives appear to have had very little impact on reducing violent crime.

Voters are very fickle and unforgiving when politicians make promises they do not or cannot keep. When 73% of residents surveyed said they felt that crime has had “a negative or very negative impact” on business in Albuquerque, 67% of ABQ residents think crime is getting worse, 66%, or two thirds, of residents surveyed say crime has had a negative impact on their quality of life, it is an assured bet that no amount of data collection, public relations or nuance programs are going to turn public perception around any time soon.

Mayor Tim Keller has already made it known he intends to seek a second 4-year term in 2020. As has been the case in the last 3 elections for Mayor, in 2021 crime rates will likely be the biggest determining issue in the race. Voters will no doubt decide if Mayor Tim Keller has in fact failed to deliver on his campaign promises to reduce high crime rates. Voters will be deciding if Keller deserves another 4 years with Mayor Keller no doubt using the Covid 19 epidemic as an excuse for his need for another 4 years to finish what he started.

Dan Klein is a retired Albuquerque Police Sergeant after 20 years of public service. He has been a small business owner in the private sector now for 15 years. Mr. Klein has been a reporter for both on line news outlets the ALB Free Press and ABQ Reports.

On November 25, 2019, the following article written by Dan Klein, with introductory bullet talking point was published by ABQ Report:

HEADLINE: Who is in charge at APD? It sure isn’t Mike Geier!
August 16, 2020
|
BY: Dan Klein

— It seems that Geier’s 40 years in law enforcement are just the same year over and over. He has never learned how to command. Geier seems afraid to crack the whip on his friends, instead praying that they “do the right thing” when caught doing wrong.

Stover understood leadership; he didn’t care about being loved. He cared about protecting his city and the integrity of APD. Too bad Keller can’t do the “right thing”.”

The link to the ABQ Report article is here:

https://www.abqreport.com/single-post/2020/08/16/Who-is-in-charge-at-APD-It-sure-isn%E2%80%99t-Mike-Geier

ALBUQUERQUE JOURNAL EDITORIAL

On Sunday, August 16, 2020, the Albuquerque Journal published a scathing editorial against the APD command staff and Mayor Tim Keller. The editorial comes on the heels of two a front-page stories of APD Chief of Staff John Ross being investigated by Internal Affairs for improper conduct and the release of APD’s tactical plan for the June 15 protest over the Juan de Onate statute. A link to the Albuquerque Journal editorial and a related blog article with further commentary is here:

https://www.petedinelli.com/2020/08/16/a-scathing-editorial-for-apd-command-staff-to-clean-up-their-act-the-entire-apd-4th-floor-needs-to-be-swept-clean-of-the-dog-poop-and-the-failed-leadership-as-well/

CHIEF ADMINISTRATIVE OFFICER SARITA NAIR

Sarita Nair was appointed Chief Administrative Officer (CAO) by Mayor Tim Keller in December 2017. As CAO, Ms. Nair is the City’s top senior executive manager, overseeing all 19 departments of municipal government and a budget of over $1 billion. Sarita Nair is the very first woman of color to serve as Chief Administrative Officer for the City. Originally from Pittsburgh, Ms. Nair earned her bachelor’s degree from Wesleyan University, a master’s degree from the University of New Mexico School of Community and Regional Planning, and graduated magna cum laude from the University of New Mexico School of Law. As Chief Administrative Office, Sarita Nair is paid at least $186,747.20 a year according to the city’s 250 top wage earners.

Prior to being appointed as the CAO, she was appointed by then State Auditor Tim Keller as the State Auditor’s Chief Government Accountability Officer and General Counsel. Prior to that, Ms. Nair was a shareholder at the law firm of Sutin, Thayer & Browne, representing private companies and public entities in business and governance matters since 2004. As a business lawyer, she worked for a wide range of small and family businesses across New Mexico, to represent both companies and governments in industrial revenue bond and Local Economic Development Act transactions. Prior to her law career, Nair worked in the field of international development and consulted on policy initiatives for a number of organizations including the United Nations Economic Commission for Latin America and the Caribbean and the New York City Parks and Recreation Department

https://www.cabq.gov/chief-administrative-officer

COMMENTARY AND ANALYSIS

Dan Klein asks the very legitimate question “Who is in charge at APD?” Based on the content of the interoffice memos from Chief Geier’s Administrative Support Coordinator Paulette R. Diaz and APD Chief Michael Geier, it would appear that person is Keller’s political operative and Chief Administrative Officer Sarita Nair. Diaz makes references of interference from the Mayor’s Office and CAO Sarita Nair, saying Chief Geier has been given conflicting directives about how to address the issues with Chief of Staff John Ross and Diaz wrote:

“Those directives do not support you [Chief Geier] running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons.”

The statement made by Diaz is clear proof that CAO Nair and ostensibly the Mayor are getting involved into the minutia of enforcing personnel rules and regulations which is very troubling. The transfer of Paulette Diaz from the 5th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department smacks of political retaliation against a whistle blower.

The Chief Administrative Officer Sarita Nair does have authority under the City Charter the duty and responsibility to enforce the city’s personnel rules and regulations. The facts that Geier and CAO Sarita Nair have not placed Ross on Administrative Leave without pay until the Internal Affairs investigation is completed, have not ordered Ross to return the $2,400 laptop, nor have they rescinded the $10,000 pay raise are clear indications they intend to do absolutely nothing. What is even more troubling is that it was Paulette R. Diaz, who likely falls under the legal definition of a whistle blower, has been transferred to a completely different department, the Animal Welfare Department.

Chief Geier has over 40 years of experience in law enforcement and is a former Rio Rancho Police Chief, he should know what he is doing when managing the Department, but it’s obvious his loyalty to a subordinate is more important to him. Ultimately, its Chief Geier that needs to be held accountable for the mismanagement of the department. Preferential treatment and a sense of entitlement sends the wrong message to APD’s chain of command and in turn the rank and file of the department.

City Hall confidential sources report that Mayor Tim Keller was in constant contact with CAO Sarita Nair during the June 15 Onate Statue Protest at the Albuquerque Museum where a person was shot and that they gave Chief Geier or his Deputy Chief Harold Medina instructions on how they wanted the protest to be handled and how city property was to protected. Neither Nair nor Keller have prior management experience with any law enforcement department and have no experience with tactical plans nor how they are implemented. If Keller and Nair were directly involved and gave instructions on how they wanted APD to handle the June 15 protest, they infused politics in the management of APD.

APD continues to crumble around an inept Mayor that has a difficult time cutting people lose because of a sense of “loyalty.” Former Republican Mayor Richard Berry had what amounted to a blind loyalty relationship with Chief Gordon Eden and could afford to keep Eden, despite his incompetence, to the very end because Berry did not run for a 3rd term. Mayor Tim Keller on the other hand has made it known he is running for a second term in 2021 and still has over a year before the next election and anything can happen.

Things are only getting worse with Sarita Nair trying to run APD with mixed messages and politics. Mayor Tim Keller is more concerned with public relations and being well liked and lacking any real substance in reducing our high crime rates. Mayor Tim Keller needs to get a grip on the fact that its time to thank Chief Geier for his work and to find a new Chief who is willing to run a department without interference, and if that person can’t do the job, move on to someone who can.

On Sunday, August 16, 2020, the Albuquerque Journal published what can only be considered the most scathing editorial against APD command staff and Mayor Tim Keller in some time. The editorial comes on the heels of two front-page stories of APD Chief of Staff John Ross being investigated by Internal Affairs for improper conduct and the the release of APD’s tactical plan for the June 15 protest over the Juan de Onate statute. Below is the Journal editorial in full with the link provided followed by further Commentary and Analysis:

Editorial: It’s high time for APD brass to clean up their act

BY ALBUQUERQUE JOURNAL EDITORIAL BOARD

Sunday, August 16th, 2020 at 12:02am

“Are the wheels coming off at the highest levels of the Albuquerque Police Department?

These elected officials and Geier are accountable to the public. It’s past time for them to report to their bosses.”

https://www.abqjournal.com/1486895/its-high-time-for-apd-brass-to-clean-up-their-act.html

BACKGROUND EMAILS DETAILING NEFARIOUS CONDUCT

On July 13, Chief Geier’s Administrative Support Coordinator Paulette R. Diaz sent Chief Geier an interoffice memo alleging Chief of Staff John Ross was “abusing his position for what appears to be [for] personal gain or otherwise evading [Standing Operating Procedures and] City procedures.” The memo was sent only after she met with Geier in private and believed that the complaints were serious enough to place in writing and to document the incidents. The Keller Administration order the transfer Paulette R. Diaz from the Chief’s Office to the Animal Control Department.

The link to the entire 7 page memo is here:

https://drive.google.com/file/d/1_8LDr0kQpz9z1PLLlUhOPlaGdde3wtiW/view

On July 20, Chief Geier forwarded the Diaz memo to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross. Chief Geier essentially confirmed Diaz’s allegations in his memo to Internal Affairs and offered an explanation. Geier’s Administrative Support Coordinator Paulette R. Diaz.

The link to Chief Geier’s memo to Internal Affairs is here:

https://drive.google.com/file/d/1VOAIh-EpZz8-PH-P83C8TQJ66dsM0ffw/view

On Thursday, August 13, the Albuquerque Journal on its front page and the on line news agency ABQ Reports published reports that APD Chief of Staff John Ross, who was hired by APD Chief Michael Geier, is under investigation by APD’s Internal Affairs Department for a series of nefarious conduct. Notwithstanding, the Chief of Staff is still on duty and the person who reported the incidents has been moved from APD to Animal Welfare.

In response to questions about the transfer of Diaz, City Attorney Esteban Aguilar Jr. said APD administrative investigations are a routine process to determine whether employees followed policies. City Attorney Aguilar had this to say:

“Temporary reassignment of employees is a common option to protect both sides during an investigation and is not retaliatory Unclassified, exempt employees are also subject to reassignment or other status changes at any time. Here, the allegations being investigated have to do with the compromise of confidential information, so reassignment is advisable.”

COMMENTARY AND ANALYSIS

The litany of complaints by Paulette Diaz can only be characterized as abuse of authority for personal and financial gain by John Ross. If there is any truth to any of the allegations, it is a reflection of greed and self-entitlement that any one of APD’s high command can do whatever they want, whenever they want, and get away with it with a double standard for subordinates such as Paulette Diaz.

Bypassing the city’s purchasing procedures and ordinances is extremely serious. It is an abuse of authority and under the State and City purchasing code and ordinances is a misdemeanor. What is far more serious is the unauthorized use of a signature stamp and pad for memos and documents without Chief Geier’s knowledge or coercing another employee. If true, such conduct can be characterized as forgery or fraud to secure personal gain, and any prosecutor worth their salary would bring criminal charges for such conduct.

APD COMMAND STAFF HAVE BECOME A “MASH UNIT”

Chief Geier’s memo to the Internal Affairs is tantamount to a defense of his Chief of Staff to avoid any disciplinary action. The facts that Geier and CAO Sarita Nair have not placed Ross on Administrative Leave without pay until the IA investigation is completed, have not ordered Ross to return the $2,400 laptop, nor have they rescinded the pay raise are clear indications they intend to do absolutely nothing. What is even more troubling is that it was Paulette R. Diaz, who likely falls under the legal definition of a whistle blower, has been transferred to a completely different department, the Animal Welfare Department.

When Chief Geier says “I did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John” you can only envision that John Ross is APD’s version of “Radar” O’Reilly and APD Chief Geier is APD’s version of clueless Lieut. Col. Henry Blake on the TV series MASH where Pvt. Radar O’Reilly was always slipping orders and documents to be signed and not read by Col. Blake.

POLITICIZING A LAW ENFORCEMENT DEPARTMENT

When Diaz makes references of interference from Mayor Tim Keller and CAO Sarita Nair, saying they have provided Geier with conflicting directives about how to address the issues with Chief of Staff John Ross, it is clear proof that the CAO and the Mayor are getting involved into the minutia of enforcing personnel rules and regulations which is very troubling. Diaz wrote:

“Those directives do not support you running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons.”

The transfer of Paulette Diaz form the 5th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department, and the comments made by City Attorney Estaban Aguilar and APD Spokesman Gilbert Gallegos smack of political retaliation against a whistle blower.

The Chief Administrative Officer Sarita Nair does have the duty and responsibility to enforce the city’s personnel rules and regulations. However, no Mayor has any business getting involved with personnel matters as described by Diaz and it smacks of political influence over a department that should be devoid of politics. Chief Geier has over 40 years of experience in law enforcement and is a former Rio Rancho Police Chief, he should know what he is doing when managing the Department, yet Nair and Keller, neither who has ever managed a law enforcement department and getting involved, sends the wrong message to APD’s chain of command.

REPUGNANT COMMENT REFLECTING INCOMPETENCE

After reading both the July 13 memo to Chief Geier from Paulette R. Diaz and Chief Geier’s to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross, it’s downright repugnant that APD Chief Michael Geier would actually say “This is nothing more than petty water-cooler talk.”

If APD Chief Geier actually feels that way, Chief Geier needs to be thanked for his services by Mayor Tim Keller and be terminated along with his Chief of Staff John Ross. Mayor Tim Keller needs to get hold of a broom and sweep all of Sophie the dogs “dog poop” from the 5th floor along with APD’s Chief, Deputy Chief’s and the Chief of Staff.

For a related blog article see:

A Police Chief Of Staff Engaging In Nefarious Conduct For Financial and Personal Gain Is Not “Petty Water Cooler Talk”; Geier Needs To Go And Take His Chief of Staff With Him

“I take responsibility for what happens in my office with my chief of staff and my assistant. Any suggestion that I am not in control of the department (is) ridiculous. This is nothing more than petty water-cooler talk.”

APD Chief Michael Geier responding to Albuquerque Journal inquires relating to Internal Affairs Investigation of APD Chief of Staff John Ross.

On Thursday, August 13, the Albuquerque Journal on its front page and the on line news agency ABQ Reports published reports that APD Chief of Staff John Ross, who was hired by APD Chief Michael Geier, is under investigation by APD’s Internal Affairs Department for a series of nefarious conduct. Notwithstanding, the Chief of Staff is still on duty and the person who reported the incidents has been moved from APD to Animal Welfare.

The alleged conduct includes: circumventing purchasing rules, making improper purchases, by passing Chief Geier to secure a $10,000 raise taking his pay from $129,304 a year to $140,000 a year, absconding with the chief’s signature stamp that was being kept locked in a secretary’s desk drawer, yelling at and intimidating the chief’s secretary, and bringing his dog to work without approval and allowing the animal to defecate and urinate in Deputy Chief offices and instructing personnel to walk the animal.

The links to the Albuquerque Journal article and the ABQReports are here:

https://www.abqreport.com/single-post/2020/08/13/Chief-Geiers-pal-runs-amok-at-APD-makes-unauthorized-purchases-demands-chiefs-signature-stamp

https://www.abqjournal.com/1485891/apd-chief-of-staffs-actions-under-investigation.html

ALLEGATIONS MADE BY CHIEF GEIER’S ADMINISTRATIVE SUPPORT COORDINATOR

On July 13, Chief Geier’s Administrative Support Coordinator Paulette R. Diaz sent Cheif Geier an interoffice memo alleging Chief of Staff John Ross was “abusing his position for what appears to be [for] personal gain or otherwise evading [Standing Operating Procedures and] City procedures.” The memo was sent only after she met with Geier in private and believed that the complaints were serious enough to place in writing and to document the incidents The link to the entire 7 page memo is here:

https://drive.google.com/file/d/1_8LDr0kQpz9z1PLLlUhOPlaGdde3wtiW/view

In her July 13 memo to Chief Geier, Paulette R. Diaz provided documentation and outlined in great detail 10 allegations against APD Chief of Staff John Ross. Those 10 allegations in a nutshell are:

1.That he purchased, without department approval, a $2,400 Apple laptop computer.

2. That he purchased, again without approval, a $200 Apple TV Box that had no apparent work use.

3. Diaz said that Ross personally demanded Geier’s signature stamp, which the chief had ordered be locked up, and he used the signature stamp on official documents without approval.

4. Ross attempted to buy a ballistic vest without going through the proper procedures.

5. Ross tried to buy a “lift” for his APD vehicle, again, without approval.

6. Ross circumvented the approval process to secure what amounted to a $10,000 raise from $129,304 a year to $140,000 a year without Geiers approval and ostensibly not making a full disclosure to CAO Sarita Nair who approved the raise.

7. Ross improperly gave a pay raise to an APD staffer.

8. That during a six-week period in late 2019, Ross removed Geier from the approval chain of command for financial and travel documents and pending human resources documents.

9. Ross brought a dog to work without approval and let it jump on employees’ desks and the animal defecated and urinated repeatedly in offices causing a health hazard. According to Diaz “It got to the point that air fresheners had to be brought in and some staff has even gone to the limit of burning candles to mask the odor of what is obviously a health concern.” Diaz said other APD employees were tasked with taking care of Ross’ dog while he was at meetings and Ross had a city employee train the dog to behave during work hours.

10. Ross ruined a department-issued computer by forcing a charger not specific to the laptop into its charging port.

APD CHIEF GEIER FORWARDS COMPLAINT TO INTERNAL AFFAIRS

On July 20, Chief Geier forwarded the Diaz memo to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross. Chief Geier essentially
confirmed Diaz’s allegations in his memo to Internal Affairs and offered an explanation. The link to Chief Geier’s memo to Internal Affairs is here:

https://drive.google.com/file/d/1VOAIh-EpZz8-PH-P83C8TQJ66dsM0ffw/view

In his referral to Internal Affairs, Chief Geier states he believes Ross “may have violated standard operating procedures by engaging in conduct that reflects poorly on the department, altering, misrepresenting or making false statements in reports, and failing to safeguard department property.”

In his July 20 memo to Internal Affairs, Geier said he had learned that Ross had bypassed the city’s protocol in purchasing a $2,400 Apple laptop computer, when he already had a department-issued ThinkPad laptop. Ross also purchased a $200 Apple TV box that did not appear to have any purpose for work and used predominately for entertainment purposes such as gaming . Geier states that he found out that Ross was trying to purchase a ballistic vest, which is an “off-duty jacket type vest”, despite a pending request for bid and the fact that the purchase would result in the vendor being disqualified.

Geier explains in his memo to Internal Affairs that he met with Ross for an informal discussion about the allegations. Ross admitted to Chief Geier he bought the Apple computer and TV box and offered as a defense that he thought it was OK, noting that the TV box could be used for Zoom meetings.

Chief Geier said Ross acknowledged he did not have approval to use the Chief’s signature stamp but directed his assistant to use Geier’s signature stamp anyway. Geier reported that he ended up locking up his signature stamp to prevent anyone using it without his approval or knowledge.

In his memo to Internal Affairs, Chief Geier writes:

“I explained to John that his actions portrayed him as possibly using his position to benefit himself. … I told him the ‘appearance’ of this would seem wrong to others in the agency and it gave the optics of abuse of his authority. Both outcomes could conceivably impair the efficiency of the Department and damage both his reputation and that of APD in general.”

Geier said he told Ross that it would be best if he returned the items and he trusted him to do the right thing, but Geier did not give Ross any direct orders. The items have not been returned. And the Think Pad that Ross had been initially provided crashed when he used the wrong charger.

GEIER EXPLAINS ROSS PAY RAISE

At the end of each calendar year, City Hall releases the top 250 wage earners. 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 updated the list for the year 2019. In 2019 in the APD Chief’s Office, there were 10 major employees in the list of 250 top paid employees in 2019 earning pay ranging from $109,017 to $183,378. The highest 5 paid employees in the Chief’s Office for 2019 were:

1. Geier, Michael Chief of Police $183,378.60
2. Gonzalez, Arturo E Deputy Chief $140,498.63
3. Garcia, Eric J Deputy Chief $140,144.28
4. Medina, Harold Deputy Chief $136,040.20
5. Griego, Jon J Deputy Chief $134,522.59

APD Chief of Staff John Ross was paid $129,304 a year in 2019, making him the 57th highest paid city hall employee of the top 250 city hall wage earners in 2019 and he is the 6th highest paid employee in APD Chief Geier’s office. He is now being paid $140,000 a year.

In his July 20 memo sent to Internal Affairs Professional Standards, Chief Geier explains the pay raise by saying Ross had asked for a “small bump” in pay, which Geier interpreted to mean “a few thousand dollars annually.” According to Geier:

“[Ross] thought he could be elevated to the same pay level as a Deputy Chief but I explained that would not be feasible due to our existing rank structure and our compensation and classification process. … I also told him that Deputy Chief Harold Medina was already upset that two other Deputy Chiefs were already getting paid more than him due to a longevity agreement from the last administration. [When I signed the memo, I] did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John.”

Geier said he was surprised when he learned from the city’s website that Ross was making almost $140,000 a year, about $5,000 more than Deputy Chief Harold Medina. Geier wrote internal affairs:

“I sign a lot of documents and am very busy at times and it is possible I missed it. … However, I reminded him of our initial conversations about the possible implications of receiving such a large raise and the appearance of impropriety.”

Ostensibly what happened is the John Ross took the salary increase memo to CAO Sarita Nair and was given a significant pay raise at the rate of a Deputy Chief. CAO Nair appears to not have contacted Chief Geier to confirm his approval of the raise relying on the personnel documents that had Geier’s signature stamp.

WHISTLE BLOWER TRANSFERRED?

In her July 13 memo to Chief Geier, Paulette R. Diaz makes references of interference from Mayor Tim Keller and CAO Sarita Nair, saying they have provided Geier with conflicting directives about how to address the issues with Chief of Staff John Ross. Diaz wrote:

“Those directives do not support you running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons. ”

It has been reported that on Wednesday, August 12, under the direction of city Chief Administrative Officer Sarita Nair, Paulette R. Diaz was transferred to the Department of Animal Welfare until the conclusion of pending internal investigations against Chief of Staff John Ross. However Chief Geier nor CAO Sarita Nair have not place John Ross on Administrative Leave.

In response to questions about the transfer of Diaz, City Attorney Esteban Aguilar Jr. said APD administrative investigations are a routine process to determine whether employees followed policies. City Attorney Aguilar had this to say:

“Temporary reassignment of employees is a common option to protect both sides during an investigation and is not retaliatory Unclassified, exempt employees are also subject to reassignment or other status changes at any time. Here, the allegations being investigated have to do with the compromise of confidential information, so reassignment is advisable.”

APD spokesman Gilbert Gallegos said Diaz:

“has been the subject of allegations that predate the current situation, as well as the potential compromise of confidential information.”

COMMENTARY AND ANALYSIS

The litany of complaints by Paulette Diaz can only be characterized as abuse of authority for personal and financial gain by John Ross. If there is any truth to any of the allegations, it is a reflection of greed and self-entitlement that any one of APD’s high command can do whatever they want, whenever they want, and get away with it with a double standard for subordinates such as Paulette Diaz.

Bypassing the city’s purchasing procedures and ordinances is extremely serious. It is an abuse of authority and under the State and City purchasing code and ordinances is a misdemeanor. What is far more serious is the unauthorized use of a signature stamp and pad for memos and documents without Chief Geier’s knowledge or coercing another employee. If true, such conduct can be characterized as forgery or fraud to secure personal gain, and any prosecutor worth their salary would bring criminal charges for such conduct.

APD COMMAND STAFF HAVE BECOME A “MASH UNIT”

Chief Geier’s memo to the Internal Affairs is tantamount to a defense of his Chief of Staff to avoid any disciplinary action. The facts that Geier and CAO Sarita Nair have not placed Ross on Administrative Leave without pay until the IA investigation is completed, have not order Ross to return the $2,400 laptop, nor have they rescinded the pay raise are clear indications they intend to do absolutely nothing. What is even more troubling is that it was Paulette R. Diaz, who likely falls under the legal definition of a whistle blower, has been transferred to a completely different department, the Animal Welfare Department.

When Chief Geier says “I did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John” you can only envision that John Ross is APD’s version of “Radar” O’Reilly and APD Chief Geier is APD’s version of clueless Lieut. Col. Henry Blake on the TV series MASH where Pvt. Radar O’Reilly was always slipping orders and documents to be signed and not read by Col. Blake.

POLITICIZING A LAW ENFORCEMENT DEPARTMENT

When Diaz makes references of interference from Mayor Tim Keller and CAO Sarita Nair, saying they have provided Geier with conflicting directives about how to address the issues with Chief of Staff John Ross, it is clear proof that the CAO and the Mayor are getting involved into the minutia of enforcing personnel rules and regulations which is very troubling. Diaz wrote:

“Those directives do not support you running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons.”

The transfer of Paulette Diaz form the 4th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department, and the comments made by City Attorney Estaban Aguilar and APD Spokesman Gilbert Gallegos smack of political retaliation against a whistle blower.

The Chief Administrative Officer Sarita Nair does have the duty and responsibility to enforce the city’s personnel rules and regulations. However, no Mayor has any business getting involved with personnel matters as described by Diaz and it smacks of political influence over a department that should be devoid of politics. Chief Geier has over 40 years of experience in law enforcement and is a former Rio Rancho Police Chief, he should know what he is doing when managing the Department, yet Nair and Keller, neither who has ever managed a law enforcement department and getting involved, sends the wrong message to APD’s chain of command.

REPUGNANT COMMENT REFLECTING INCOMPETENCE

After reading both the July 13 memo to Chief Geier from Paulette R. Diaz and Chief Geier’s to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross, it’s downright repugnant that APD Chief Michael Geier would actually say “This is nothing more than petty water-cooler talk.” If APD Chief Geier actually feels that way, Chief Geier needs to be thanked for his services by Mayor Tim Keller and be terminated along with his Chief of Staff John Ross. This is one season of MASH that needs to be cancelled.