Late Friday afternoon, October 23, in a very dramatic and hard fall from grace, former Albuquerque Police Department (APD) Department Spokesman Simon Drobik was accused in an APD Internal Affairs Investigation (IA) of repeated time card fraud from January to May of 2020. Ironically announced in a APD press release by an APD Spokesman, the IA investigation found Drobik violated several policies and was paid tens of thousands of dollars in overtime that he did not actually work. In July, Drobik was about to be fired from APD when he retired amid the IA investigation. Drobik had been with APD for 21 years.

APD Internal Affairs investigators are saying Drobik committed rampant fraud, possibly at a criminal level. APD says Drobik was “gaming the system” by working private security at local businesses known as chief’s overtime while he was on regular duty. He is also accused of negotiating his way out of taking service calls and showing up late and leaving early along with dozens of other violations during a five-month period at the beginning of the year.

According to the APD press release, the IA investigation found that Drobik committed the following violations:

Not reporting to duty on time
Not notifying supervisor when leaving post
92 time sheet violations
54 instances of negotiating to not take calls for service
38 instances of being on-call while working Chief’s Overtime
26 violations of reporting hours worked of chief’s overtime
3 instances of leaving prior to end of a work shift

https://www.krqe.com/news/albuquerque-metro/apd-releases-results-of-investigation-into-former-spokesperson/

DEFENSE ATTORNEY QUICK TO CONDEMN

Simon Drobik has hired prominent criminal Defense Attorney Sam Bregman to represent him. Not at all surprising and in typical Defense Attorney Bragman style, Bregman boldly proclaimed to the press:

“[The allegations are] absolutely false. … Officer Drobik never, ever cheated on a time card. He worked overtime due to being ordered to do so by a deputy chief, and every bit of his time was approved by a deputy chief. … APD is now trying to throw him under the bus. … If this goes any further, we plan on fighting it in a courtroom. … And we believe this is actually just a cover-up on the part of this administration for their structural inaccuracies in the police department.”

NOT THE FIRST TIME INVESTIGATED

On Friday, April 12, 2019, it was reported that the APD Civilian Police Oversight (CPO) Agency recommended the dismissal of APD Public Information Officer Simon Drobik as well as his former supervisor for overtime pay abuse. The CPOA investigators found that throughout 2018 Drobik violated personnel policies more than 50 times by getting paid simultaneously for being on call as a spokesman and working “chief’s overtime”. Chief’s Overtime pay is a program in which private businesses or organizations pay for sworn officers to provide security.

The CPO Agency investigation found that in 2018, Drobik was paid $192,973 making him Albuquerque’s highest-paid employee in 2018. The investigation also found that his supervisor was one of the city’s top 11 paid wage earners.

On April 30, 2019, then APD Chief Michael Geier announced that he was not taking any disciplinary action against Simon Drobik but announced changes were being made to APD overtime and Chief’s overtime. At the time APD Chief Michael Geier decided that instead of terminating Drobik, he placed him on administrative assignment and required him to report directly to Deputy Chief of Staff Elizabeth Armijo . Confidential sources have also confirmed that then Chief Geier and the Keller Administration contemplated promoting Simon Drobik to a commander position in order to pay him more as a justification for the pay he was being paid as a spokesman.

In the Friday, October 23, 2020 press release, APD implicated Drobik’s supervisor former Deputy Chief Elizabeth Armijo for failure to approve overtime, implicated former APD Chief Michael Geier and implicated former APD Chief of Staff John Ross. According to APD Spokesman Gilbert Gallegos, Deputy Chief of Staff Armijo will be disciplined, although he would not say what that discipline will be at the time. He also said that former Chief of Staff John Ross will not be disciplined in that he was relieved of his position when Geier was forced to retired by Keller, otherwise John Ross would have been disciplined.

For successive years, as APD Spokesman, Drobik was routinely among the highest earners in the city and ranked No. 1 among all city employees in 2018 by being paid $192,973. In 2019, Drobik was ranked as the 7th highest wage earner in 2019. When Drobik retired in July 2020, he had already collected $106,607 for the year when his base pay rate was listed as $31.50 per hour, or $65, 520 according city records ( $31.50 per hour X 2,080 hours a year= $65,520).

APD NOT THE ONLY AGENCY LOOKING AT DROBIK, THERE ARE OTHERS

On June 24, New Mexico State Auditor Brian Colon notified Mayor Tim Keller he had designated the city for a special audit after receiving complaints about police overtime processes and payments, and internal controls within APD. In the June 4 letter to Mayor Tim Keller, State Auditor Brian Colon wrote:

“The Office of the State Auditor (OSA) received allegations raising concerns regarding the practices of the City of Albuquerque (“City”) related to police overtime processes and payments, as well as internal controls. … With respect to these concerns, the OSA hereby designates the City for a special audit in order to examine the City’s compliance with applicable laws, regulations, policies, and procedures.”

The link to State Auditor Brian Colon’s letter to Mayor Tim Keller is here:

https://drive.google.com/file/d/1ljrCSMdpDxyCV-1iPPYFoZwLVdohfw0L/view

State Auditor Brian Colón said the IA findings validated his own investigation which he said is ongoing and said:

“My mind is at ease that those resources to do that audit were well-placed, because there is a problem, and we’re going to get to the bottom of it whether it’s an individual or whether it’s further reaching… … It is fair to say that we still have work to do … and it may not be limited to one officer.”

State Attorney General Hector Balderas office is also conducting an investigation into Drobik’s overtime time card practices and providing assistance to the State Auditor’s Office.

MEDINA PART OF THE PROBLEM

The October 23 new release quoted Interim APD Chief Harold Medina as saying:

“This investigation revealed structural problems that failed to hold this officer accountable. … Supervisors should be held to the highest standards. Only then, will we achieve true accountability for taxpayer money. … We’re cleaning up the mess that was left behind and making real changes so that these kinds of wrongdoing don’t happen.”

ABQReport columnist and retired APD SGT. Dan Klein says that Interim Chief Harold Medina, who returned to APD in 2017, is actually part of the mess he says he wants to clean up. Klein had this to say:

“Medina has been deputy chief of police since December 2017; he had to know what was going on with Drobik. … He was there for both investigations . So why didn’t Medina address it before now? He was second in command at APD, it was his responsibility to act, yet Medina will have everyone believe that he knew nothing until now? Medina is either lying or he’s a fool. But he is now chief. God help us.”

The IA investigation covers Drobik’s overtime claims only from this year. But in 2018, Drobik said that he was a consultant and an actor for the movie El Camino, which started filming in Albuquerque in November 2018. The filming lasted nearly 50 days. The movie was released in October 2019.

Klein wants to know if any of the investigations are looking at whether Drobik was paid as an APD officer while working on the film.

“Did APD’s investigation into Drobik ask the question? Did he commit any violations while working for Vince Gilligan on the movie El Camino?” Klein said. “Did Drobik receive pay from city taxpayers for on-duty work, while consulting and appearing in the movie El Camino?”

A link to a related story in ABQ Reports is here:

https://www.abqreport.com/single-post/apd-calls-simon-drobik-a-crook

ANOTHER “OVERTIME OVERHAUL” ANNOUNCMENT

After the CPOA investigation of Simon Drobik, then APD Chief Geier called for overtime policies to be revamped. Geier ordered then-deputy chief Michael Smathers, now First Deputy Chief, to create a wide-ranging proposal to reduce overtime spending. The proposal included capping each officer’s total number of overtime hours to 25 hour of overtime per week. It also included developing ways for supervisors to identify which officers were working the most overtime and to put a halt to excessive overtime.

APD Spokesperson Gilbert Gallegos said on October 23 that APD has drafted a policy to overhaul overtime practices and it will go through a standard policy review process. According to the APD news release:

“[Interim] Chief Medina said he will issue a Special Order on Monday to take effect immediately while the policy is reviewed. Unlike previous efforts to reform overtime, this proposed policy will address weaknesses in supervision and increase discipline for violations.”

DROBIK NOT THE ONLY ONE PAID EXCESSIVE OVERTIME

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 2018, the breakdown of the 250 top paid city hall employees revealed that all were paid between $100,000 to $192,937.23. In 2018, there were 140 Police Officers on the list of 250 top wage earners.

In 2019, the breakdown of the 250 top paid city hall employees showed they were paid between $107,885 to $193,666.23. In 2019 there were 160 sworn APD police in the top 250 wage earners.

The excessive pay numbers in APD, especially to patrol officers, can be attributed directly to overtime paid to APD employees.

https://www.petedinelli.com/2020/05/28/9864/

COMMENTARY AND ANALYSIS

Using the words of former APD Sergeant Dan Klein, APD Interim Chief Harold Medina is both a liar and a fool, especially when Medina says:

“This investigation revealed structural problems that failed to hold this officer accountable. … Supervisors should be held to the highest standards. Only then, will we achieve true accountability for taxpayer money. … We’re cleaning up the mess that was left behind and making real changes so that these kinds of wrongdoing don’t happen.”

Mayor Tim Keller should be downright embarrassed over the remarks made by Harold Medina as Interim Chief. During his 23 year career with APD, Harold Medina has been involved in two separate police officer involved shootings. In one shooting, in a church, he shot and killed a 14-year-old boy having a psychotic episode. In the other shooting, then APD Lieutenant Medina authorized the use of deadly force against 26-year-old military veteran holding a gun to his head suffering from post-traumatic stress disorder who was threatening to kill himself. Medina has denied that he was the officer in charge at the scene. The APD Commander Michael Geier was on the “use of force” review committee when the veteran was killed and Geier said at the time Medina should have been disciplined, but Medina was not. It’s shameful that Medina would say now “Supervisors should be held to the highest standards” yet Medina himself was never held responsible for his own actions that resulted in two innocent people dead.

There was nothing “left behind” as Medina proclaims. The police overtime abuse has been going on for years. Medina has been part of the very problem for the last full 3 years. Mayor Tim Keller was warned repeatedly about the overtime abuse going on not only with Drobik but within APD itself. On May 29, when former Chief Michael Geier issued a special order capping the amount of regular time and over time that officers can work to 65 hours a week, Keller himself gave his blessing to the plan and even went so far to say it would go a long way to curb the abuse. It did not because it never was fully implemented.

Keller was also warned when State Auditor Brian Colon said “there is a problem, and we’re going to get to the bottom of it whether it’s an individual or whether it’s further reaching.” In other words, Drobik is not the only one the State Auditor and the New Mexico Attorney General Hector Balderas are looking at for potential criminal charges. What Mayor Tim Keller and his Interim Chief Harold Medina should be very worried about is just how far up the APD chain of command does the criminal activity go. Does it go all the way up to the Chief’s Office command staff or even the Mayor’s Office?

That is not as farfetched as it may seem given that the force resignation of former Chief Geier clearly showed how much micro managing was going on within APD by Mayor Tim Keller and CAO Sarita Nair. It is more likely than not they both knew what was going on with Drobik, and from a management stand point, they could have approved the overtime abuse themselves or at a minimum did nothing to curb it or stop.

New Mexico State Auditor Brian Colon has shown that he understands and appreciates the limitations of his office by asking Attorney General Hector Balderas to assist with the probe of APD for any and all overtime abuse by APD. The authority of the State Auditor is that of performing audits for waste, fraud and abuse involving taxpayer money. However, the State Auditor does not have any authority to prosecute for criminal acts uncovered by the audits and the Auditor’s office needs to rely on the Attorney General or the District Attorneys to bring criminal prosecutions for fraud discovered.

Once the special audit is completed, State Auditor Brian Colon no doubt will be able to smoothly transfer the full audit to New Mexico Attorney General Hector Balderas for possible criminal prosecution. Once the audit is transmitted to Attorney General Balderas, a special grand jury needs to be convened to determine what criminal charges, if any, should be filed.

FOUR VERY AMBITIOUS “WOULD BE GOVERNORS” ON COLLISION COURSE

It’s ironic that the Mayor Tim Keller, the former New Mexico State Auditor who made his name as a “white knight” crusader fighting “waste fraud and abuse” of taxpayer money, and used that reputation to become Mayor, chose to ignore the prior audits of APD overtime abuse. What is even more ironic is that Keller is very much at the mercy of both New Mexico State Auditor Brian Colon and Attorney General Hector Balderas, with the threesome of Keller, Balderas and Colon all having served as State Auditor essentially swapping the job back and forth with each other. The fact that Keller and Colon ran against each other for Mayor is also not lost on anyone in Albuquerque and Santa Fe.

No Mayor wants to face the prospect that criminal activity is found within a Police Department they are supposed to oversee and manage, especially a department under a federal court approved settlement agreement brought on for excessive use of force and deadly force and a finding of a “culture of aggression”. No doubt Mayor Tim Keller realizes if APD is hit with indictments of “waste, fraud and abuse” for overtime time fraud, it will likely add a major obstacle to his re-election chances in 2021 along with the skyrocketing violent crime rates Keller promised to bring down when he ran in 2017.

Keller has made it known that he is seeking a second term as Mayor 2021 and he has privately told many that his ultimate goal is to be Governor of New Mexico after he serves 2 terms as Mayor of Albuquerque. Brian Colon is also made it known he is running for Attorney General in 2022 and sources say he is even raising money for the run. If Governor Michelle Lujan Grisham is in fact tapped to be a cabinet Secretary under a President Joe Biden as many speculate, Lt. Governor Howie Morales will become Governor. If that happens, Keller, Balderas and perhaps Colon may see the best opportunity to run for Governor in 2022 against a Governor Howie Morales.

Notwithstanding, the paths of the 4 most politically ambitious people in the same age group, and same party who see themselves as “would be governor” and the future of the Democratic party are about to collide, sooner rather than later. It will not be pretty if that indeed happens.

Politically ambitious defense attorney and former Democratic Party State Chairman Sam Bregman who is representing Simon Drobik is also said to be talking about running for New Mexico Attorney General in 2022 against State Auditor Brian Colon. That is a blog article better left for the future.

STAY TUNED AS THINGS IN NEW MEXICO POLITICS ARE GET INTERESTING.

Links to related news coverage are here:

https://www.krqe.com/news/albuquerque-metro/apd-releases-results-of-investigation-into-former-spokesperson/

https://www.abqjournal.com/1510247/internal-investigation-found-former-apd-spokesman-was-gaming-the-system.html

On October 22, the Chicago Tribune published the below Associated Press article written by political reporters Bill Barrow and Zeke Miller. It is one of the better analysis of the debate. The article, with one minor edit listing the order of the seven takeaways, is followed by a link to the article, a CNN poll and further commentary and analysis.

SEVEN TAKEAWAYS FROM THE FINAL 2020 PRESIDENTIAL

Trump defended his “different kind of relationship … a very good relationship” with Kim, prompting Biden to retort that nations “had a good relationship with Hitler before he, in fact, invaded the rest of Europe.”
It certainly wasn’t a deep dive into a pool of complex issues.

The link to the Chicago Tribune is here:

https://www.chicagotribune.com/election-2020/ct-trump-biden-final-debate-takeaways-20201023-sunjbxxs5rbvdidymcl3znwuby-story.html

BIDEN WON THE DEBATE ACCORDING TO CNN POLL

According to a CNN Instant Poll of debate watchers, former Vice President Joe Biden was viewed as winning the debate. Overall, 53% of voters who watched the debate said that Biden won the matchup, while 39% said that President Donald Trump won.

Viewers once again said that Biden’s criticisms of Trump were largely fair. 73% said they were fair, 26% unfair. Those polled were split over whether Trump’s attacks on Biden were fair at 50% saying yes and 49% saying.

That’s a more positive outcome for Trump. In a CNN Instant Poll after the first presidential debate, just 28% said they thought the President had won the debate, and 67% called his criticism of Biden unfair.

The final debate did not do much to move impressions of either candidate. Favorable views of Biden before the debate stood at 55%, and they held steady at 56% in post-debate interviews. Likewise, Trump’s numbers held steady, with 42% saying they had a favorable view of the President in interviews conducted before Thursday’s debate and 41% saying the same afterward.

CRITICAL ISSUES

Thursday’s debate watchers preferred Trump over Biden on the economy with 56% saying they think Trump would better handle it as opposed to 44% who say Biden would.

The poll divided about evenly between the two on foreign policy with 50% preferring Biden to 48% preferring Trump.

Biden held a wide edge as more trusted to handle the coronavirus at 57% for Biden to 41% for Trump)

Biden held a wide edge as more trusted as to climate change with 67% for Biden to 29% for Trump.

Biden also held a wide edge on the issue of dealing with and racial inequality in the US with 62% for Biden to 35% for Trump.

Biden was also largely seen as offering a better plan for solving the country’s problems with 54% for Biden to 42% for Trump.

Voters split over who seemed to be the stronger leader with each garnering 49% each.
Although Thursday’s event was far less contentious than the first presidential debate, Biden was far more apt to be seen as directly answering the moderator’s questions with 62% said he did and only 31% said Trump answered the moderator’s questions.

BREAKDOWN OF GENDER, AGE AND INDEPENDENTS

The CNN poll reflected that women were more likely than men to say that Biden did the better job in the debate with 60% of women saying Biden won and 35% saying Trump won Trump
Among men, 47% said Biden won while 44% of men said Trump won.

Among Independents, Biden won 55% to Trumps 36% Trump as did moderates with 56% for Biden to 37% for Trump.
White voters with college degrees gave Biden 64% to Trumps 29% Trump.

Among those 65 and older, the verdict was a split decision with 46% saying Biden won, 43% Trump won and 10% saying they both did equally well.

Younger voters broadly saw Biden as the winner with 66% to 27% for Trump among those under age 45.

The link to the full CNN news story is here:

https://www.cnn.com/2020/10/22/politics/cnn-poll-final-presidential-debate/index.html

EARLY VOTING SHATTERS RECORDS

“As of Friday, October 23, with just 11 days left before the election at least 50 million voters have cast ballots in the 2020 election, according to Michael McDonald, an Associate Professor of Political Science at University of Florida who specializes in elections, and the U.S. Elections Project. That figure accounts for over a third of all votes cast in the 2016 presidential election at 36.5% with less than two weeks to go until Election Day.

With over 6.3 million votes cast, Texas surpassed 70% of its total 2016 voter turnout.”

A link to the full story is here:

https://www.baynews9.com/fl/tampa/news/2020/10/22/millions-of-americans-have-already-voted

COMMENTARY

One major take away from watching the final debate is that being able to cut off the microphones had an impact on the debate. Both men were at least halfway civil to each other. The debate was a healthy discussion of the issues. Voters for the first and very last time were able to see just how far apart both Biden and Trump are on the issues. It may not matter at all, given the fact that the number of those who have voted early the outcome of the election may have already been decided. Further, voter turnout will hit a historical high, perhaps even as high as 65% signaling that many voters understand full well what is at stake in this election.

Please VOTE!

On Wednesday, March 18, Mayor Tim Keller declared a Public Health Emergency and signed the “Declaration of Local State of Emergency Due to Novel Corona Virus COVID-19”. The ordinance gives the Mayor authority to close places of big gatherings and gives the Mayor power to close city facilities, relocate city staff and divert funding around to deal with a crisis. The mayor can invoke specific powers such as reallocating city resources to combat the epidemic and ordering the closure of streets, day cares and places of “mass assembly” like theaters and sports venues. Under the ordinance, the Mayor even has the authority to close streets.

For the last 7 months, Mayor Tim Keller has been conducting almost daily press briefings on the city’s efforts to deal with the corona virus and attempting to keep up with Governor Michelle Lujan Grisham’s briefings on the state level. The corona virus pandemic has also allowed Mayor Keller to take his public relations efforts to even higher levels to deal with the pandemic and to announce city initiatives and inform the public. The best example of the new level of public relations is that Keller and his Department Directors conduct “virtual town hall” meetings. The town hall meetings are sophisticated telephone conference calls to thousands to provide to the public information and to answer the public’s questions regarding what the city is doing when it comes to the pandemic.

DRAMATIC SURGE IN CASES

As of October 22, there have been a total of 950 deaths and 38,715 cases reported statewide with 827 new infections with 20,332 reported recoveries and 1,039,372 negative tests. As of October 21, 202 people are hospitalized in New Mexico for COVID-19. According to Governor Michelle Lujan Grisham’s Office, 80% of adult general hospital beds and 71% of adult intensive care unit beds are occupied in hospitals throughout the state. This includes those who are hospitalized for COVID-19 and other illnesses.

The City’s and the County’s case numbers are now soaring. On October 21, Albuquerque reported 292 new cases, one of its highest daily counts to date. Ryan Mast, director of the city’s Environmental Health Department, said last week’s infections totaled 1,185, compared with 589 the week before and said numbers are rising elsewhere around the country.

https://www.abqjournal.com/1509486/state-sets-another-record-for-daily-virus-cases.html

SURGE AT JAIL AND HOMELESS SHELTER

Bernalillo County’s latest surge has included outbreaks at the county jail. The Metropolitan Detention Center announced 48 new virus cases among inmates and two among staff, which puts the facility at 354 active cases among inmates and 49 infected staff members out of work.

Albuquerque’s Westside Homeless Shelter is also dealing with a very serious outbreak. According to the city, 125 residents and five staff members have been infected with COVID-19. The city has closed the homeless shelter to incoming people while current residents are tested and isolated.

CITY ANNOUNCES CRACKDOWN

On Wednesday, October 21, Mayor Tim Keller and City officials held a news conference to discuss plans to enforce the city’s emergency order after the city’s COVID-19 cases doubled in the last week. Keller announced that the city will be taking new steps to help control the spread of COVID-19 and will be working with the state and use other city staffers, including the Albuquerque Police Department (APD) to help with the enforcement. The city plans on conducting an enforcement blitz, focusing on different parts of the city based on zip codes.

With the dramatic increase in cases, the city wants to remind businesses, especially grocery stores, that they have to have special hours for senior citizens and people who are at high risk. The public health order requires retail stores and bars is to close by 10 p.m. Even though that’s an order from the state, the city will now help to enforce it. Keller added that restaurants could soon get a red sticker for not following COVID-safe practices, as well as restricting non-residents from city buildings.

https://www.koat.com/article/mayor-keller-to-give-covid-19-update/34440970

During the October 21 press conference, Keller had this to say:

“We are going to be drastically ramping up enforcement … under the existing public health order. There’s nothing new here; we have just got to make sure we do a better job of actually following that public health order.”

https://www.abqjournal.com/1509486/state-sets-another-record-for-daily-virus-cases.html

KELLER GETS THE MESSAGE FROM GOVENOR MLG

Noncompliance of the public health order can result in a criminal citation. Violations of the public health order is a misdemeanor and the penalty is a $100 dollar fine and can escalate to six months in jail or both. Businesses can also receive a $5,000 fine if cited.

A KRQE News 13 investigative report found that the city has only issued four citations and none in the past few months despite the governor pushing for cities and local law enforcement to begin citing people for failing to wear masks, mass gatherings, and businesses breaking the rules.

https://www.krqe.com/health/coronavirus-new-mexico/city-of-albuquerque-announcing-new-round-of-covid-19-enforcement/

Governor Michelle Lujan Grisham has criticized the City’s enforcement action. Education, not punishment, has always been the main message for Mayor Keller. During the October 21 press conference, Keller defended the city’s response enforcing the public health order so far, calling it the best response in the state.

According to the city officials, since April it has have handed out 227 warnings. Since April, the city has responded to 19 occupancy issues but in October, the number rose to 32 with the increase likely caused by the weather impacting outside dining.

While the Governor is encouraging people to stay home, and have shut down state-run museums and historical sites, Keller said Albuquerque-run museums and the ABQ BioPark will remain open. He said they will continue to ensure COVID-safe practices will be implemented to keep everyone safe

ANNOUNCED ENFORCEMENT ACTION

Plans will be focusing on places people tend to go to and making sure businesses are following the occupancy rules. The city will be monitoring parks, ensuring there are no groups larger than five, and making sure people aren’t participating in sports that require a large group. The city is also considering restricting people from out of state from public buildings by requiring proof of residency.

Keller had this to say about the city’s enforcement action:

“We are working on, with our state partners, on a targeted enforcement blitz … Like any sort of blitz operation, like DWIs, we don’t want to share all those specific details, but we are going to let you know we are going to be drastically ramping up enforcement. Big box stores, and chains, chain restaurants especially, we’ve had a lot of complaints about load violation there. ”

Keller also reminded young people to avoid gathering in crowds or parties and said:

“We all remember high school and college, but this is an example of the kind of thing that’s happening in Albuquerque. These sort of COVID parties. This is a dangerous idea.”

https://www.krqe.com/health/coronavirus-new-mexico/city-of-albuquerque-announcing-new-round-of-covid-19-enforcement/

COMMENTARY AND ANALYSIS

Since the very beginning, Keller has been emphasizing “educating the public” over “aggressive enforcement”. It obvious you can not force anyone to become educated.

The general public has a tendency to resist anything perceived as an infringement on their civil rights with many believing the corona virus is simply not a serious public health crisis.

We are not “turning the corner” when it comes to the pandemic but going around in circles thanks to Trump. Please, wear the damn mask. Your life and the life of others depends upon it. You have no constitutional rights or civil rights if you are dead. If you vote early and pass for any reason before election day, your vote still counts. Please vote for Joe Biden for President so we can have real leadership to defeat this damn pandemic.

City finances have been totally upended as a result of the corona virus pandemic. The virus has impacted the city economy and in turn the city gross receipts tax returns have declined. Under normal circumstances, the Mayor submits a proposed budget on April 1, the city council conducts hearings, makes adjustments and enacts a budget that becomes effective July 1.

On March 16, 2020, the New Mexico Department of Finance Local Government Division authorized New Mexico municipalities to submit their last year’s fiscal budget for 2019-2020 budget as their fiscal budget for year 2020-2021 until reliable tax revenue projections could be determined. That is exactly what the City Council did. On April 13, 2020, on a unanimous vote of 9-0, the Albuquerque City Council enacted R-20-31 enacted an interim operating budget for fiscal year 2020-2021. The budget resolution enacted was a “bare bones budget” consisting of only 7 pages of line item appropriations for each of the city departments with no explanation or elaboration on the actual use of the millions appropriated.

On Thursday September 3, and after a 6-month delay, Mayor Tim Keller held a press conference to release the long anticipated proposed budget for the 2020-2021 fiscal year. The new fiscal year began on July 1, 2020 and ends June 30, 2021. Mayor Keller’s total proposed budget for the 2020-2021 fiscal year was $1.15 Billion which is slightly more than the 2019-2020 budget by about $50 Million. The budget is a 266-page document that gives a detail budget for each of city departments. The City Budget is a “performance based” budget where each department prepares an analysis and listing of accomplishments from the previous years. Not surprising, public safety and APD continued to be a top priority for the 3rd year in a row for the Keller Administration.

The link to the 2020-2021 proposed adjusted budget is here:

https://www.cabq.gov/mayor/documents/final_fy21-budget-presentation-_09032020.pdf

COUNCIL ENACTS 2020-2021 BUDGET Of $1.1 Billion

Since its introduction on September 3, the Albuquerque City Council has been conducting hearings on the proposed budget and made significant changes including major cuts to the original proposed budget. The budget hearing concluded on Thursday, October 18 and the final budget was forwarded to the City Council for final adoption.

On Monday, October 19, on an 8-0 vote, with City Councilor Don Harris absent, the Albuquerque City Council enacted the 2020-2021 fiscal year budget with little debate. The newly enacted budget totals $1.1 Billion dollars for second year in a row and for that reason is considered a zero-growth budget. The fiscal year began on July 1 and will end June 30, 2021.

HIGHLIGHTS OF ADOPTED BUDET

The major highlights of the adopted budget include:

CITY COUNCIL GUTS “ALBUQUERQUE COMMUNITY SAFETY” DEPARTMENT

The approved City Council budget guts Mayor Keller’s budget plan for a new “Albuquerque Community Safety” (ACS) department. The ACS as originally presented was to have social workers, housing and homelessness specialists and violence prevention and diversion program experts. They were to be dispatched to homelessness and “down-and-out” calls as well as behavioral health crisis calls for service to APD. The new department was to connect people in need with services to help address any underlying issues. The department personnel would be dispatched through the city’s 911 emergency call system. The intent is to free up the first responders, either police or firefighters, who typically have to deal with down-and-out and behavioral health calls.

The City Council approved budget slashes Keller’s proposed $7.5 million budget to $2.5 million for fiscal year 2021. The City Council removed virtually all of the positions originally proposed by Keller. Cut from Keller’s proposed budget for the new department were 83 employees and $5 million in staffing costs. The staffing cut include 53 security personnel, 9 parking enforcement employees and 6 people from the city’s crossing guard program. The City Council’s budget gives the department a mere 13 positions. The positions include 7 civilian employees from the APD Crisis Outreach and Support Teams, and 3 Family and Community Services Department staffers which include one social worker and 2 people who respond to homeless encampments.

APD BUDGET INCREASE

The Albuquerque Police Department (APD) continues to be the largest budget department in the city with the city council approving a $212 million budget. The approved budget is an increase of 3% from last budget year with nearly $32 million coming from the city’s federal coronavirus relief money.

The new budget for APD contains $10 Million from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and “Operation Legend”. The CARES Act funding is earmarked to hire 40 new APD police officers.

The approved budget funds a total of 1,678 full time positions that includes 578 civilian staff and funding for 1,100 sworn police. Currently, APD has 980 sworn police.

The APD approved budget includes:

$2.5 million to support the hiring of 100 new officers, which factors in existing vacancies and savings from retirements and other separations.
$5.2 million for continued work to comply with the Court Approved Settlement Agreement with the Department of Justice.
$627,000 to acquire electronic control weapons that have an audit trail to monitor usage and compliance with use of force policies.
$594,000 to purchase on-body cameras, as required by the CASA and state law.
$500,000 for the Violence Intervention Program, including restorative justice programs, which has a track record of dramatically reducing violence in cities across the nation.”

The Fiscal Year 2020-2021 approved general fund budget for APD contains a line item of $29,280,000 for “PD-PROFESSIONAL ACCOUNTABILITY”. The funding is funding for the Compliance Bureau which has 61 sworn police assigned to the APD divisions associated with the Department of Justice Consent Decree reforms and enforcement.

GARBAGE AND RECYCING RATES INCREASE

The city council approved a garbage and recycling collection rate increase raising rates by $2 instead of the $1.55 as was originally requested by the Keller Administration. The monthly residential rate will now be $17. The rate increase is needed to allow the Solid Waste Department to increase its workload maintaining medians, clearing illegal dump sites and more.

NO JOBS LOST, BUT NO RAISES

The City employs upwards of 6,000 full time employees. With the decline in city revenues and the pandemic, the Keller Administration and the City’s Finance Department was very concerned that there would be a need for layoffs and furloughs in order to balance the budget. On Friday, April 17, the Keller Administration announced that the City of Albuquerque had a projected budget shortfall that could last through 2021. The City’s Chief Financial Officer Sanjay Bhakta said preliminary estimates indicated the city would bring in $600 million in revenue this fiscal year, down from the $627 million projected.

According to Bhakta, the city took steps to lessen the impact of the budget crisis by implementing the following:

The city imposed an aggressive hiring freeze with the exception of public safety
All travel for the remainder of the year was canceled
All city contracts with vendors are being reviewed and cut if necessary
The mayor has ordered his department heads to find cost-saving measures

https://www.kob.com/albuquerque-news/city-of-albuquerque-faces-budget-shortfall-due-to-covid-19-crisis/5703446/

The 2020-2021 enacted budget was able to avoid layoffs and furloughs in order to balance the budget. The city received $150 million through the CARES Act and is continuing to spend down the balance before the December 30 deadline. City officials credited the $150 million in federal assistance for preventing layoffs and furloughs.

Under the 2020-2021 adopted city council budget, municipal workers will not get a cost-of-living raise. Notwithstanding no raises, the city budget is providing a one-time payment to help each city employee to offset increases in health care insurance coverage.

REACTION TO ENACTED BUDGET

City Council Budget Chairman Isaac Benton had this to say about the enacted budget:

“I think it’s a good budget. It’s mostly, largely, what the mayor proposed. He proposed a good budget. … We’ve tweaked it somewhat, but I think we’re all going the same direction, and that’s a good thing.”

The enacted budget will now go to Mayor Keller for his approval. Keller for his part had this to say:

“We worked closely with City Council throughout this difficult, unprecedented budget cycle. … This financially-sound budget focuses on investing in fighting violent crime, supporting families and small businesses through the pandemic, and strengthens our commitment to public safety with a new cabinet-level department that we will be able to build up over time.”

https://www.kob.com/albuquerque-news/albuquerque-city-council-passes-fy-2021-budget-head-to-mayor-kellers-desk/5899775/?cat=500

https://www.abqjournal.com/1508853/city-council-oks-11b-budget.html

ANALYSIS AND COMMENTARY

The most critical functions of the Albuquerque City Council are the oversight authority over city finances, all appropriations, the job performance of the various departments and enacting a balanced budget. The oversight authority includes having public hearings on the city’s budget to allow public the opportunity to give input on how the city spends taxpayer money. Further, the budget process is critical to force all city departments to justify their budgets and to adjust department’s budgets as the need mandates it.

A PUBLICITY STUNT FOR A SERIOUS PROBLEM

Mayor Tim Keller secured considerable news coverage nationally back in June when he called the Washington Post on a Sunday to first announce the new “Albuquerque Community Safety” (ACS) department. No one should be surprised at Tim Keller for wanting a national story given his penchant for news coverage, promoting the city and running for a second term.

The new department as originally proposed by Keller was to have 192 employees. Keller cut it to 100 positions and then the City Council gutted it to 13 positions. The projected budget went from $10.9 Million when it was announced by Keller with great fanfare to a Keller proposed budget of $7.5 Million. The City Council has now gutted it to $2.5 Million in the approved budget.

The Albuquerque City Council has caught onto Keller’s publicity seeking ways and is now demanding a more thought-out approach when it comes to creating and funding a whole new department. Now that the new department has been pared down to 13 employees, it really is not a city department.

Mayor Keller must be faulted for the sloppy manner in which his new department was first proposed. The lesson Keller needs to learn is that just because you come up with a great idea that you know will generate press, you need to make sure all the groundwork is in fact done and nothing in the planning and preparation can be left to chance.

People are onto it now that Keller thinks all he has to do is hold a press conference, flash his trademark smile, and all his desires and wishes will materialize. City government just does not work that way. Keller needs to put in the hard work, as does the CAO and department heads to get anything done. You cannot build an entire new city department on a “lick and a promise”, which is exactly what Keller tried to do with his new Community Safety Department. People want results, not public relations.

DOJ CONSENT DECREE STILL HUGE DRAIN ON CITY RESOURCES

In 2017, Candidate Tim Keller campaigned to be elected mayor on the platform of implementing the DOJ mandated reforms, increasing the size of the Albuquerque Police Department, returning to community-based policing and promising to bring down skyrocketing crime rates. To that end, the Keller Administration began implementing an $88 million-dollar APD police expansion program increasing the number of sworn police officers from 898 sworn positions f to 1,200, or by 302 sworn police officers, over a four-year period.

Since Mayor Tim Keller has taken office, APD has added at least 116 sworn police officers to the force. Last year’s 2019-2020 fiscal year budget provided for increasing APD funding from 1,000 sworn police to 1,053. The approved budget funds a total of 1,678 full time positions that includes 578 civilian staff and funding for 1,100 sworn police. Currently, APD has 980 sworn police.

The Albuquerque City Council also plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Another critical responsibility of the City Council is to demand that APD be in compliance with the Department of Justice (DOJ) Court Approved Settlement Agreement mandated reforms. The Court Approved Settlement Agreement was negotiated to be fully implemented within 4 years and after a full two years of compliance, the case is supposed to be dismissed.

The City Council approved 2020-2021 police budget contains $5.2 million ear marked for continued work to comply with the Court Approved Settlement Agreement with the Department of Justice. The city has already paid the federal monitor $4.5 Million over the last six years. The $212 million dollar plus APD budget also includes another $800,000 more to be paid to the Federal Monitor whose only function is to compile data.

It has now been 6 years since the settlement with the DOJ was negotiated. The biggest complaint of all the DOJ consent decrees in the country is implementation and enforcement “go on and on” for years, costing millions in taxpayer dollars. The approved $29,280,000 for “PD-PROFESSIONAL ACCOUNTABILITY contained in the 2020-2021 budget for Professional Accountability and the 61 sworn police assigned to enforce the CASA reforms reflects the continuous drain on city finances and resources that could be better utilized for essential services. The amount demands a full explanation as to why complete compliance with the CASA has not been achieved by the APD command staff after a full 6 years.

CONCLUSION

After 3 years of the Keller Administration, the Albuquerque City Council is finally acting like a governing body with enactment of a responsible balanced budget for the 2020-2021 fiscal year. The real question is, how long will it last? The Federal Monitors 12 report on the DOJ reforms is due to be filed in early November. It is genuinely hoped that the City Council take a far more active role in reviewing the report and demand far more accountability from APD management and determine exactly why the CASA reforms have not been achieved by the APD command staff after a full 6 years.

Election day is Tuesday, November 3. On the reverse side of the ballots are 18 District Court Judges that are up for retention. For that reason, let’s talk about Judicial retentions and in particular the need to vote to retain DISTRICT JUDGE CHRISTINA ARGYERES.

IT’S PERSONAL

I have been a license attorney in New Mexico for 42 years, mostly as a trial attorney, including being felony and violent crimes prosecutor for 15 years and being an appointed Administrative Law Judge for 7 years. During my legal career, I have been in private civil law practice and have also served as Bernalillo County Chief Deputy District Attorney, a Deputy City Attorney and Chief Public Safety Officer for Albuquerque.

Throughout my entire 42-year legal career, I have paid very close attention to who has been appointed and elected to the 2nd Judicial District Court, Bernalillo County. I know the importance and the need to have district judges that can be fair and impartial. Judges must do their very best to apply the law, resist political pressures and see that justice is served in a fair and impartial manner. The legal profession and the quality of our judges is very personal to me, especially this election year, and to my son Mark Dinelli who is also an attorney.

It is for the below reasons that I ask that my readers of www.PeteDinelli.com vote to retain District Court Judge Christina Argyres.

DISTRICT COURT JUDGE CHRISTINA ARGYRES THE PERSON

It is extremely important for voters to know the people they elect to the bench. A person’s background and their life experiences and what contributions they make to our community are always indicative of the type of judge they become and who they are on the bench.

I have known Judge Christina Argyres and her family for over 30 plus years. Her father, Pete Argyres was the owner of the Town House Restaurant, an iconic and historic place in Nob Hill. That was the place for politicians and business people of all walks of life to congregate. Pete passed away a few years ago before Christina made it to the District Court bench, but he did see his daughter get appointed and win her Metropolitan Court Judgeship.

Both Pete and Mary Argyres, Christina’s mother and father, were immigrants from Kalamata, Greece, located in the southern Peloponnese. They came to America in search of the American Dream. Pete and Mary became American Citizens, very much like Lorenzo and Rachael Dinelli who came before them many years before to the New Mexico Territory in 1900.

Pete and Mary Argyres instilled in their 3 children their very strong work ethic that if you work hard, follow the rules, you can accomplish anything in the United State. They also instilled a duty to give back to the community and the true meaning of family.

In particular, Pete and Mary Argyres instilled in their children the basic principles of honesty and integrity. They also instilled in their children the meaning of compassion and to always do the right thing in life, especially when it comes to people, and never believing you are any better than anyone else. These are all basic and critical traits that are required to be a competent and effective judge, a judge that can see both sides of an issue and make rulings.

This election is especially important to Judge Christina Argyres because her mother Mary passed away a few weeks ago from her long battle with dementia, a battle where Judge Argyres was a health care provider.

District Court Judge Christina P. Argyres is a true embodiment of all she was taught and that her parents represented and she has earned retention to the bench.

DISTRICT COURT JUDGE CHRISTINA ARGYRES THE PROFESSIONAL

Judge Christina Argyres is a Valley High School graduate and UNM graduate. She went on to further her education and earned a Master’s Degree from Harvard University. She then decided to go to law school and graduated from Ohio Northern School of Law.

Following her graduation from law school , Christina worked at the United States Attorney’s Office here in Albuquerque. She later became a Public Defender. She then started her own practice and traveled throughout the state defending individuals who were accused of wrongdoing. Judge Christina Argyres has more than 20 years of combined experience defending and representing people and presiding as a Judge in field of criminal law.

While defending and helping others to better their lives, she decided the biggest impact she could make in the lives of others was to become a Judge. After going thru a lengthy judicial selection process, Governor Bill Richardson appointed Christina to the Metropolitan Court Bench in June, 2010. Two years later, an opening occurred in the District Court and Christina took the opportunity to better serve the public.

Christina has been on the District Court Bench since January 2013 and has presided over thousands of cases in the Criminal division.

She is also the presiding Judge of a Specialty Court geared specifically to Veterans who find themselves in the judicial system. Judge Argyres has been a speaker at National Drug Court conferences and has shared her knowledge and experience in dealing with Veterans by teaching other Jurisdictions and other Courts within New Mexico how to run this specialized program. The program success has been measured by the achievements of the graduates who are inspired to give back to the community and lead productive lives.

VOTE TO RETAIN DISTRICT COURT JUDGE CHRISTINA ARGYRES

Argyres is a straight shooter and holds both sides accountable. Her hard work, dedication and tenacity makes her the type of person we want to keep on the bench.

Please join me this election on November 3 or before with early voting and say YES to keep Judge Christina P. Argyres on the District Court.

On Sunday June 14, in an exclusive interview with the Albuquerque Journal and the Washington Post and the then during a June 15 press conference, Mayor Tim Keller announced plans to create a new Albuquerque Community Safety Department (ACS). The new department as announced was to be responsible to send trained professionals to respond to certain calls for service in place of armed APD police officers or firefighter. It was to be an entirely new city department that was to be on equal footing with all the other 19 city departments, including APD and AFRD, that have hundreds of employees and separate functions, tasks, and services.

The ACS as originally presented was to have social workers, housing and homelessness specialists and violence prevention and diversion program experts. They were to be dispatched to homelessness and “down-and-out” calls as well as behavioral health crisis calls for service to APD. The new department was to connect people in need with services to help address any underlying issues. The department personnel would be dispatched through the city’s 911 emergency call system. The intent is to free up the first responders, either police or firefighters, who typically have to deal with down-and-out and behavioral health calls.

KELLER GENERATES LOCAL AND NATIONAL NEWS COVERAGE

All three local news stations, Ch 4, 7 and 13 and the Albuquerque Journal covered Mayor Keller’s announcement of the new public safety department. In addition to local news coverage, Mayor Tim Keller’s June 14 announcement also generated substantial news headlines across the country, including the Washington Post, US News and World Report, The HILL, the New York Post, FOX News, MS Magazine. The Postscript to this blog article contains links to 15 national and local news stories.

On June 14, in addition to the Albuquerque Journal, Mayor Keller and CAO Nair went out of their way to make a Sunday phone call to the Washington Post so it could break the news story nationally and generate other news stories.

According to the Washington Post article:

“As calls to defund law enforcement reach a fever pitch nationwide, New Mexico’s largest city is answering concerns about its police department by forming an alternative. … Albuquerque’s plan for a new branch of public safety comes amid a nationwide movement to slash police department funding after George Floyd’s death in police custody in Minneapolis.
…
The department, called Albuquerque Community Safety, may be the first of its kind, experts say. A spokesperson for the mayor told The Washington Post the new department was partially the city’s response to the “defund the police” movement. …

… There is a huge portion of our community that doesn’t necessarily want two officers showing up when they call about … behavioral and mental health. … So this is a new path forward for us that has been illuminated because of what we’ve learned during these times. Look, there’s political will; there was not political will to make this huge of a step three weeks ago.”

The link to the Washington Post article is here:

https://www.washingtonpost.com/nation/2020/06/15/wake-calls-defund-police-albuquerque-creates-an-alternative-department/

COST OF ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT AS ORIGINANLY ANNOUNCED

Although Mayor Keller and CAO Sarita Nair did not disclose the estimated or projected cost of creating the new department, they did provide sufficient information on the personnel needs for the department during the June 15 press conference to make a projection. Keller’s Chief Administrative Officer Sarita Nair said a rough estimate suggested that 192 positions would be needed for the new ACS Department with 32 people for each of the 6 area commands, staffed around the clock, to respond to tens of thousands of calls a year.

Based upon the average salaries paid to social workers and mental health professionals and the number of projected employees need for each area command, the projected employee costs can be calculated as follows:

The average Social Worker (MSW) salary in Albuquerque, NM is $60,903 as of July 27, 2020, but the range typically falls between $54,845 and $67,461. Salary ranges can vary widely depending on many important factors, including education, certifications, additional skills, the number of years a person has spent in the profession.

https://www.salary.com/research/salary/benchmark/licensed-clinical-social-worker-salary/albuquerque-nm

The average Psychologist ( Ph.D) salary in New Mexico is $94,840 as of July 27, 2020, but the range typically falls between $85,334 and $106,510. Salary ranges can vary widely depending on the city and many other important factors, including education, certifications, additional skills, the number of years you have spent in your profession.

https://www.salary.com/research/salary/benchmark/psychologist-phd-salary/nm

The Department will also require the hiring of a cabinet level Director. Mayor Keller pays his Department Directors an average of $116,000 a year.

Based upon the average salaries paid and the number of projected employees need for each area command, the projected employee costs would be:

32 employees, divided into working three 8 hour shifts for 6 area commands = 192 total. (32 employees X 6 area commands)

Each one of the 6 APD area commands would likely need at least 1 psychologist paid an average salary of at least $85,334, to supervise the social workers and mental health experts for a total salary cost of: $596,040 ($94,840 (average Ph.D, salary) X 6 positions).

The remaining 186 positions, divided into working three 8 hour shifts for 6 area commands would likely be trained social workers licensed and certified to deal with the mentally ill or drug addicted and paid and average salary of $54, 845 for a total salary budget of $10,201, 170.

Total estimated personnel budget:

6 psychologist position salaries: $596,040
186 Social Worker positions: $10,201,170
Department Director: $116,000

TOTAL: $10,913,210

A link to an original projected cost analysis is here:

https://www.petedinelli.com/2020/08/25/11-million-a-year-projected-cost-for-new-public-safety-department-hiring-social-workers-to-do-first-responders-work-wont-be-cheap-take-the-public-survey/

PARRED DOWN BUDGET

On Thursday, September 3, Mayor Tim Keller held a press conference to release the long anticipated proposed budget for the 2020-2021 fiscal year. The new fiscal year began on July 1, 2020 and ends June 30, 2021. Mayor Keller’s total proposed budget for the 2020-2021 fiscal year is $1.15 Billion which is slightly more than the 2019-2020 budget by about $50 Million.

The link to the Keller Administration Proposed budget is here:

https://www.cabq.gov/mayor/documents/final_fy21-budget-presentation-_09032020.pdf

In his September 3, transmission document of the 2021 proposed budget to the City Council, Mayor Keller emphasized as a top priority the creation of the Albuquerque Community Safety Department and said:

“Albuquerque Community Safety Department: Policing alone will not make our community be safer or feel safer. Our Fiscal Year 2021 budget formally establishes the Albuquerque Community Safety Department (ACS), a third public safety department that will respond to the calls and needs of our City that are not best served by the police. We propose an initial investment of over $7.5 million in personnel, equipment and contractual services. In addition, ACS will leverage existing contracts with behavioral health and substance abuse service providers. ACS will begin its work through thoughtful and strategic responses in the areas of homeless encampments, responses to non-violent and non-criminal calls like abandoned vehicles, and better utilization of the Crisis Outreach and Support Teams. In addition, the Albuquerque Fire Rescue Department (AFR) has stepped up to provide administrative and back office services for the Albuquerque Community Safety Department. Through a budget-neutral reorganization and strengthening of administrative functions, AFR’s support will enable ACS to focus its funding to have a direct impact on the community.”

See page 5 of proposed budget document:

https://www.cabq.gov/dfa/documents/budget-documents/fy21-adjusted-proposed-w-hyperlinks.pdf

The 192 positions originally proposed for the new department was pared down by the Keller Administration in the 2020-2021 proposed budget. The new ACS Department was cut from the originally suggested 192 positions to 100 employees funded by the proposed budget. A line item review of the $7.5 million dollar proposed budget for the new ACS Department reveals that 60 positions have been identified for the new department that have been taken from other city departments. The positions were to be existing positions being transferred from other departments. The $7.5 million funding, like most of the staff, was to come from existing programs and departments, including Municipal Development, APD and Family and Community Services Departments.

There were 83 positions outlined in the proposed 2020-2021 budget. Those positions included 40 transit security officers, 13 security staffers from the Municipal Development Department, 9 parking enforcement workers, 6 crossing guard supervisors and one from the city’s syringe cleanup program. Seven civilian employees from the APDs Crisis Outreach and Support Teams who work nonviolent cases and are required to have a degree in a social work-related field, and people from the Family and Community Services Department, including a social worker-coordinator, were included in the budget.

NO MENTAL HEALTH PROFESSIONALS

None of the 83 positions outlined in the Keller 2021 proposed budget requires a licensed mental health professional which is very problematic. The new ACS Department was represented as an alternative to first responders such a police or firefighters answering 911 calls, including those related to homelessness, behavioral health and addiction and the calls are supposed to be responded to by licensed mental health professionals.

Mayor Keller’s proposed budget created 4 new administrative positions. According to the Keller Administration, some of the positions were expected to have mental health licensure and credentials. The budget included $1 million for outreach and prevention positions and those positions would have licensure requirements.

According Mayoral Spokeswoman Jessica Campbell, the city is still sorting out many of the specific details for a department and had this to say:

“[City staff responding to 911 calls] may have backgrounds as social workers, peer to peer support, clinicians, counselors or similar fields. We do not have additional details [about the personnel] because this proposed budget is only for the next eight months, and provides time for a thoughtful, community-driven approach to building the department. ”

The ACS Coordinator Mariela Ruiz Angel added:

“The work has to start now. Building a first-of-its-kind department is going to take time, and we intend to use this fiscal year to build a strong foundation for the meaningful work this department will do.”

https://www.abqjournal.com/1501575/newly-proposed-department-light-on-mental-health-pros-2.html

CITY COUNCIL GUTS KELLER’S “COMMUNITY SAFETY DEPARTMENT”

For the last few months, the Albuquerque City Council has been conducting budget hearings on the Keller 2020-2021 fiscal year budget that began on July 1, 2020. Under normal circumstances, the Mayor submits a proposed budget on April 1, the city council conducts hearings, makes adjustments and enacts a budget before July 1. Because of the pandemic and uncertainty of city revenues, a temporary budget was enacted to allow the city to operate. Only now in October is the City Council is conducting budget hearings with the intent to enact a final and approved budget by the end of the year.

It was on Thursday, September 3, that Keller released his proposed budget for fiscal year 2020-2021. The proposed budget contained a $7.5 million dollar proposed budget for the new Albuquerque Community Safety Department (ACS). Soon after release of the ACS budget, city councilors began to question the proposed staffing plan even going as far as saying it was top heavy with law enforcement employees and lack social workers and mental health professionals as was originally proposed.

One city councilor went so far as to question whether law enforcement type employees would be able to meet the city’s intended goals to help those in need of help such as those living on the streets, needing mental health care and needing assistance applying for Medicaid. Council President Pat Davis had this to say:

“The proposal as presented gives the impression we’re leading with enforcement officers as the primary people who will be engaging with people who need help. It’s one step down from the police, but it doesn’t take those support services out of the enforcement realm, and so it didn’t go far enough.”

On Thursday, October 15, the city council conducted its budget hearing on Mayor Tim Keller’s budget plan for his new “Albuquerque Community Safety” department. To the likely surprise of the Keller Administration, the Albuquerque City Council significantly gutted Mayor Keller’s budget plan for the new department. The council significantly reduced the Mayor’s security guard-heavy staffing proposal and is requiring detailed reporting before the department can use $1 million set aside for its operations.

The proposed Keller budget for the new department was slashed from $7.5 million to $2.5 million for fiscal year 2021. The City Council removed virtually all of the positions originally proposed by Keller. Cut from Keller’s proposed budget for the new department were 83 employees and a $7.5 million cost. The staffing cut include 53 security personnel, 9 parking enforcement employees and 6 people from the city’s crossing guard program.

The City Council’s budget gives the department a mere 13 positions. The positions include 7 civilian employees from the APD Crisis Outreach and Support Teams, and 3 Family and Community Services Department staffers which include one social worker and 2 people who respond to homeless encampments. Three management positions are included.

The council’s budget bill creates a committee to develop a “comprehensive plan” for the department. The committee is charged with the task of determining what employee training will be required and the supervisory hierarchy. The committee will report to the council quarterly on its progress and performance measures before the department will be allowed to spend $1 million appropriated for its programming.

The council’s budget goes so far as to even gutting Keller’s name for the new department “Albuquerque Community Safety” and dubbing it as a “new department”

KELLER’S REPONSE

According to a mayoral spokeswoman, Mayor Keller will review whatever budget arrives on his desk and said he has “no real concern” about the council’s proposal to remove the security and parking positions.

The city’s Chief Financial Officer Sanjay Bhakta had this to say:

“I think what we all agree on is that there is certainly a need for the new department and we all agree on that … Ultimately, the goals of the mayor and council seem to be the same. However, the mayor wants to do this in a rather aggressive manner.”

Keller for his part downplayed the Council’s action and said:

“We want to move fast and bold and innovative, and I think council wants to move at a more gradual manner. … And that’s okay, so we’ll basically work with them and meet with them. And we basically have the same end goal, so I’m not really concerned about it.”

https://www.kob.com/albuquerque-news/city-council-keller-at-odds-over-funding-of-new-community-safety-department/5897551/?cat=500

COMMENTARY AND ANALYSIS

There is only one word that can describe the manner Mayor Tim Keller’s new “Community Safety Department” was put together and that word is SLOPPY. Two other words to describe it would be “publicity stunt.” It is apparent that the new department as reflected in Keller’s proposed budget was simply thrown together in a haphazard manner to be included in his proposed budget.

The proposed Albuquerque Community Safety Department (ACS) is a department that is supposed to be a solution to reduce APD’s calls for service involving mental health calls and to transfer such calls to another civilian department with mental health experts to deal with those in crisis. The fact that none of the positions outlined in the 2021 proposed budget requires a licensed mental health professional goes against the spirit and intent of the department. It is a department that must be equipped to respond to 911 calls related to addiction problems and behavioral health issues, or it will fail and fail miserably and may even result in a social worker getting killed.

The new department as originally proposed by Keller was to have 192 employees, Keller cut it to 100 positions and then the City Council gutted to 13 positions. The projected budget went from $10.9 Million as originally projected when it was announced by Keller with great fanfare to a Keller proposed budget of $7.5 Million. The City Council has now gutted it to $2.5 Million.

A key component of the new department is to have trained and licensed mental health care professionals and that is still missing. The ACS department as presented in the proposed budget does not address behavioral health care and long-term counseling nor solutions. Without considerably more licensed health care professionals, the new department is relegated to be a “pickup, delivery or referral” of people in crisis to take them either to jail or to a hospital. In order to be successful, the Mayor’s new department needs to deal with the city’s long-term behavioral health system needs and programs that are desperately needed now and in the future.

A PUBLITY STUNT FOR A SERIOUS PROBLEM

Mayor Tim Keller and CAO Sarita Nair secured considerable news coverage nationally back in June when they called the Washington Post on a Sunday to first announce the new department. The below postscript contains just some of the news coverage. No one should be surprised at Tim Keller for wanting a national story given his penchant for news coverage, promoting the city and running for a second term. No one knows for sure how many other national news agencies Keller called on a Sunday to give interviews. Now that new department has been pared down to 13, it really is not a city department and has no certified mental health professionals, a cynic would say Keller’s new department announcement was nothing more than a typical Keller publicity stunt to please his staunches supporters as he seeks a second term.

Mayor Keller must be faulted for the sloppy manner in which his new department was first proposed and the way it is taking shape. The lesson Keller needs to learn is that just because you come up with an great idea that you know will generate press, you need to make sure all the ground work is in fact done and nothing in the planning and preparation can be left to chance. Keller’s press conference to announce his site selection for his new homeless shelter to force UNM to accept the project is another example of the problem Keller has with his attraction like a moth to news camera lighting.

People are onto it now that Keller thinks all he has to do is hold a press conference, flash his trademark smile, and all his desires and wishes will materialize. City government just does not work that way. Keller needs to put in the hard work, as does the CAO and department heads to get anything done. You can not build and entire new city department on a “lick and a promise”, which is exactly what Keller tried to do with his new Community Safety Department. People want results, not public relations.

At least the city council has caught onto Keller’s ploy and is now demanding a more thought out approach, no doubt to the chagrin of Mayor Keller, but then again Keller already got the news coverage he wanted with his publicity stunt to deal with a serious problem.

_____________________________________

POSTSCRIPT

Following are links to news coverage:

WASHINGTON POST

“Amid calls to defund police, Albuquerque creates an alternative department”

https://www.washingtonpost.com/nation/2020/06/15/wake-calls-defund-police-albuquerque-creates-an-alternative-department/

NEW YORK POST

“New Mexico mayor proposes agency to use social workers instead of cops in some cases”

https://nypost.com/2020/06/16/new-mexico-mayor-wants-social-workers-over-cops-in-some-cases/

FOX News

“Alb. to send unarmed social workers, not police officers, to some 911 calls”

https://www.foxnews.com/us/albuquerque-social-workers-911-calls

US NEWS AND WORLD REPORT

“Albuquerque Proposes New Agency Amid Calls for Police Reform”

https://www.usnews.com/news/best-states/new-mexico/articles/2020-06-15/albuquerque-proposes-new-agency-amid-calls-for-police-reform

THE HILL

“Albuquerque will use social workers to respond to certain 911 calls instead of police”

https://thehill.com/homenews/state-watch/502856-albuquerque-will-use-social-workers-to-respond-to-certain-911-calls

NEWS BREAK

“When Cities Replace Police with Social Workers”

https://www.newsbreak.com/new-mexico/albuquerque/news/1593884602749/when-cities-replace-police-with-social-workers

THE SCOOP

“Albuquerque claims social workers will now respond to 911 calls — not cops”

https://scoop.upworthy.com/albuquerque-claims-social-workers-will-now-respond-to-911-callsnot-cops

THE BLAZE

“Albuquerque Democratic mayor announces plan to shift police resources to unarmed social wokers”

https://www.theblaze.com/news/albuquerque-mayor-police-resources-social-workers

THE EPOCH TIMES

Albuquerque to send social workers instead of armed police to some 911 calls calls

https://www.theepochtimes.com/albuquerque-to-send-social-workers-instead-of-armed-police-to-some-911-calls_3390625.html

MS MAGAZINE

When cities replace police with social workers

https://msmagazine.com/2020/07/09/when-cities-replace-police-with-social-workers/

Links to local news coverage are here:

ALBUQUERQUE JOURNAL

“Mayor proposes public safety department

https://www.abqjournal.com/1466317/mayor-proposes-public-safety-department.html

LOCAL TV NEWS COVERAGE

KOB CH 4

https://www.kob.com/albuquerque-news/mayor-keller-announces-creation-of-albuquerque-community-safety-department/5760086/

KOAT TV CH 7

https://www.koat.com/article/mayor-keller-announces-civilian-response-department-to-help-with-abq-public-safety/32869947

KRQE CH 13

Mayor Keller announces new Albuquerque Community Safety Department

https://www.krqe.com/health/coronavirus-new-mexico/mayor-keller-to-announce-new-step-in-albuquerque-public-safety-on-monday/