On March 9,four major bills in the 2021 New Mexico Legislature made progress and are close to becoming law. This is an update on all 4 major bills.

OVERHALL OF LIQUOR LINCENSE LAWS

On Tuesday, March 9, the Senate passed HB 255 bill that is a dramatic overhaul of the state’s liquor laws. It will allow alcohol to be delivered to a person’s home, as well as expanding the state’s liquor licenses that would allow smaller restaurants to be able to sell more than just beer and wine.

HB 255 will allow package stores to apply for permits to deliver alcoholic drinks to customers’ homes. Restaurants will be allowed to take food and alcohol orders for home delivery.

The bill also creates a new licenses intended to make it easier for restaurants to serve spirits and mixed drinks not be limited to beer and wine.

Other provisions contained in HB 255 adopted by the Senate include:

Banning the sale of 3-ounce miniatures for off-site consumption. They would still be allowed at golf courses, hotels or other places where they can be consumed on site.

Lifting the prohibition on alcohol sales at stores before 11 a.m. Sunday.

Prohibiting the sale of hard liquor at convenience stores in McKinley County.

Stripping from the proposal an earlier plan to impose a 2% tax on retail sales.

The original House Bill and Senate amendments were hotly contested and debated. The changes in the current law were strenuously opposed by many liquor license owners who have paid high market values for the limited number of full service licenses available.

House Bill 255 is now headed to the governor for signature to become law. Governor Lujan Grisham administration is expected to sign the legislation after changes are evaluate given that the governor has been supportive of the overall reform effort.

COMMENTARY AND ANALYSIS

There is little doubt that the overall of New Mexico liquor licensing was long overdue. To be blunt, the state’s existing liquor licensing laws impairs economic development. The dispenser licensing law works against the small business owner or entrepreneur. As the market exists now, only out of state chain stores and restaurants, which are proliferating Albuquerque and squeezing out locally owned businesses, can afford whatever it takes to buy a liquor license.

Smaller, locally owned restaurants cannot compete nor afford to pay hundreds of thousands for a dispenser liquor license. Any average New Mexican who wants to open a new bar or restaurant with a full liquor license cannot do so because the cost of a liquor license is so prohibitive. Although there is a cap placed on the number of licenses that can be issued based on population numbers, there is no real evidence that fewer licenses reduce DWI rates and increase public safety in any meaningful way. The expansion and availability the new types of licenses will go a long ways to help New Mexico’s economy recover from the pandemic.

Links to more news coverage is here:

https://www.koat.com/article/senate-passes-bill-allowing-alcohol-delivery-in-new-mexico/35788753

https://www.krqe.com/news/politics-government/legislature/lawmakers-approve-dramatic-overhaul-of-nm-liquor-laws/

https://www.abqjournal.com/2367765/senate-endorses-overhaul-of-nm-liquor-laws.html

LEGALIZATION OF RECREATIONAL CANNABIS

On March 9, Senate Bill 288 and House Bill 12, two competing bills to legalize recreational cannabis, were approved by a New Mexico Senate Tax, Business and Transportation Committee. The bills are a little different but would essentially legalize recreational marijuana. The two bills passed the committee after lengthy debate with a few senators warning they could vote against one or both measures on the Senate floor.

Both bills were referred to the Senate Judiciary Committee for further hearing. Both bills risk being tabled as was done last year killing the bills. Legislators supporting legalization of recreational cannabis believe there are enough votes to pass a bill on the Senate floor if either of the two bills can get that far.

HOUSE BILL 12

HB 12 which passed the House last month was amended to restrict recreational cannabis licenses and impose a plant count limit, but only after conducting a market study. HB 12 would set a state excise tax of 8%, while cities and counties could impose additional 4% local option taxes on top of that.

Backers of the plant count limit argued that other states that have legalized recreational cannabis have had to deal with more tons of unsold cannabis because of over production. Critics say limits on licenses and cannabis supply could lead to market shortages, while benefiting certain smaller producers.

A few Republican senators criticized the “social justice” provisions in the House-approved bill which include expungement for cannabis possession convictions and a community grant funding to pay for education.

Representative Javier Martinez, who is sponsoring House Bill 12, said he is confident it still has time to get to the governor’s desk and said:

“This bill is also something that I’m very proud of because this is in the last few days of the session, this is really where the best minds from the House and the Senate can come together and get out a bill that we can all be proud of we can hopefully continue to move on and keep this discussion going.”

https://www.kob.com/new-mexico-news/recreational-marijuana-bills-heard-in-senate-committees/6037426/?cat=500

SENATE BILL 288

SB 288 deals with the creations of a state regulating commission set up and regulate the cannabis industry. As originally proposed, SB 288 called for a one-mile buffer between licensed cannabis dispensaries. It would also have allowed cities and counties to decide whether to allow dispensaries within their boundaries. Both provisions were removed from the bill. Notwithstanding, local governments could still decide where and how dispensaries could operate.

Under a change to the bill, the Regulation and Licensing Department would be able to restrict recreational cannabis licenses and impose a plant count limit, but only after conducting a market study. Critics say limits on licenses and cannabis supply could lead to market shortages, while benefiting certain smaller producers. Senator Gerald Ortiz y Pino, D-Albuquerque rejected the argument and said:

“It’s nice to say let the market decide, but that’s what got Oregon into a lot of problems,”

SB 288 would impose a lower state excise tax of 2%, while cities and counties could each tack on an additional 2% in local option taxes.

Senator Cliff Pirtle, R-Roswell, the main sponsor of SB 288 had this to say:

“The goal is to get cannabis as cheap as possible [in order] to drive out the black market.”

New Mexico already has a medical cannabis program with more than 100,000 enrolled members. In addition, Gov. Michelle Lujan Grisham signed into law a 2019 bill that made possession of up to a half-ounce of marijuana a civil offense punishable by a $50 fine.

Legalization supporters say now is the time for New Mexico to take the next step and join other state allowing legal-cannabis sales after years of debating the issue.

https://www.abqjournal.com/2367826/stage-set-for-showdown-on-cannabis-legalization-bills.html

COMMENTRY AND ANALYSIS

There are 15 states that have now legalized recreational marijuana or are in the process of doing so. The states of Arizona, Montana, New Jersey and South Dakota approved cannabis legalization measures in the November 3 general Presidential election. Mississippi approved the creation of a medical marijuana program.

The Arizona passage gives urgency to the passing similar legislation in New Mexico to take advantage of the emerging market and demand. Governor Lujan Grisham and other supporters say legalization is still necessary, arguing it would generate tax dollars that could be used on public safety programs.

Texas has yet to pass legalization and it is anticipated that will benefit New Mexico’s economy. Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. Legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million.

Both HB 12 and SB 288 need to be enacted by the legislature in short order to avoid major problems and major delays in the future. HB 12 will ensure the legalization of cannabis without delay where sales can begin as early as January 1, 2022. SB 288 will allow the state sufficient time to establish a regulation and licensing department that will effectively tax and regulate the industry.

A commission is clearly needed for long term regulations that can be easily adopted to accommodate a developing and thriving industry. The major risk of failure of either bills will essentially delay the legalization of cannabis for upwards of two years, if not more. Even if a constitutional amendment is offered for consideration, the time delay would again be considerable, especially if it were to fail at the polls. New Mexico has wasted enough time and the legislature need to act now and pass both bills.

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

PUBLIC FUNDING FOR JUDICIAL OFFICES

On March 9, Senate Bill 160 that will allow State District Court candidates to avoid privately funded campaigns won Senate approval and will now go to the House for further hearings and a final vote if it survives committee review. The bill would make New Mexico the first state to extend public campaign financing to district judges.

Since 2008, New Mexico has had a publicly finance system for those running for Supreme Court and Court of Appeals seats public financing since 2008. SB 160 passed the Senate on a party-line 22-13 vote. All Senate Democrats present voted for the bill while all but one GOP senator voted in opposition to it.

The importance of the bill is that it would result in more transparency, reduce the appearance of impropriety of lawyers contributing to judicial campaigns of judges they appear before that gives an impression of a pay-to-play system of justice. To qualify for the public finance, candidates would have to obtain a number of small contributions from voters with the exact figure dependent on the judicial district they were running in.

Candidates for District Judge will get distributions from a public election fund that is financed in part by proceeds from unclaimed property, such as abandoned personal bank accounts and stocks. The amount of public finance candidates received will be based on numbers of registered voters eligible to cast ballots in their races.

A fiscal analysis of the bill estimated it could cost $950,000 to provide the public funds to an average number of District Court candidates during an election year.

A link to more news coverage is here:

https://www.abqjournal.com/2367748/senate-approves-judicial-public-campaign-financing-bill.html

COMMENTARY AND ANALYSIS

Public financing of Judicial candidates is long over due. There is no getting around the fact that judges, to be truly independent and fair and impartial, must be free of any possibility of being influenced by donations and the appearance of influence.

CONCLUSION

The 60-day New Mexico legislative session ends on March 19. Time is becoming critical on the legalization of recreational use of cannabis and public funding for judicial offices

Senate Bill 277 (SB 277) referred to as “the Police Accountability Bill” is legislation sponsored by Senator Linda Lopez, and Representative Patricia Roybal Caballero. The bill would make major changes to law enforcement policies across the state. On February 24, a substitute SB 277 passed the Health and Public Affairs Committee and SB 277 is now awaiting a hearing in the Senate Judiciary Committee.
A link to the substitute legislation is here:

https://legiscan.com/NM/text/SB227/2021

Senate Bill 227 would impose stricter restrictions on when officers can use deadly force. New Mexico has ranked as the No. 1 state for deadly police shootings per capita. The website Mapping Police Violence reported there were 164 police shootings in the state between 2013 and 2020. According to Mapping Police Violence, New Mexico had the highest rate of police killings per one million people between January 2013 and December 2019. The link to the statistics is here:

https://mappingpoliceviolence.org/states

SB 211 would limit law enforcement from using force beyond the United States Supreme Court’s standard of when it is “objectively reasonable” and limit it to just those circumstances when it is proportionate and necessary to prevent imminent harm and only after de-escalation practices have been exhausted by a law enforcement officer. It will change the standard for use of force to “necessary,” ensuring that officers cannot use physical force upon another person unless the officer has exhausted de-escalation tactics and that such force is proportionate and necessary to prevent an imminent threat of harm to an identifiable person.

POLICE ACCOUNTABILITY BILL EXPLAINED

SB 211 is in sharp contrast to efforts to strengthen accountability for police misconduct as is the intent of the new New Mexico Civil Rights Act. The proposed civil rights act would create a new cause of action against all government and government employees for civil rights violations, prohibit qualified immunity and mandate judgments and damages be paid by the government entities.

Absent from the Civil Rights Act is any provision that would actually hold a government employee truly liable and accountable for damages they have caused another. There is no personal liability nor other types of penalties to hold the individual employee accountable for wrongful conduct and violations of civil rights and constitutional rights. Absent from the legislation is any preventative measures directed at the government employee or services such as training, expanded behavioral health services and decertification’s and terminations of the employee.

The ultimate goal of SB 227 is to prevent the use of excessive force and deadly force by police officers occurring in the first place. The police accountability bill prohibits the use of certain law enforcement practices and mandating the use of physical force by law enforcement as a last resort. Supporters of SB 211 argue that research shows that officers at departments with stricter use-of-force policies are less likely to kill others or be killed or seriously injured themselves.

SB 227 would establish a statewide database of incidents in which police seriously harm or kill someone. If it is passed into law, SB 227 would require local agencies to report the details of any police action involving force to the state Department of Public Safety, including measures officers used to deescalate tensions and whether the person injured or killed by officers showed any signs of mental impairment. Agencies would have to submit a report to the state within 30 days of an incident and post the report on their website for public access.

It would require agencies around the state to ban no-knock warrants and chokeholds. The bill as first introduced would bar police use of tear gas, rubber bullets, and canines which are classified under police policies as less lethal means of applying force.

The use of tear gas, rubber bullets, and canines have been misused in high-profile cases such as the 2014 killing of homeless camper James Boyd in the Sandia foothills by the APD swat unit. Notwithstanding, tear gas, rubber bullets, and canines are associated with lower rates of injury to suspects. Citing conversations with police officers, Senator Lopez introduced a revised bill that dropped the limitations on tear gas, rubber bullets, and canines.

The legislation would also require agencies to revise their training procedures to ensure officers learn how to handle crisis situations before turning to deadly force.

SB 227 follows police reform measures signed into law after a special session last year. One new law sets stricter body camera guidelines for officers, requiring them to keep their cameras recording at all times during encounters with the public. The recorded footage must kept by the agency for at least 120 days. A second law enacted after the special session established the New Mexico Civil Rights Commission, a nine-member panel tasked with making recommendations to the Legislature on reforms to address civil rights violations. A New Mexico Civil Rights Act was introduced, but was tabled.

Senator Linda Lopez said the bill would create consistency statewide and said about the need for the legislation:

“To make a change in a system, you have to get back to the root. … This legislation goes back to the basics, to where law enforcement officers are trained. If you have something in the law that says you can no longer use chokeholds, use rubber bullets, no longer use no-knock warrants, that changes the way that our law enforcement academics train future officers, which causes the system to change.”

APD USE OF FORCE PRICIPLES MANDATED OUTLINED

SB 277 is essentially and attempt to make the Albuquerque Police Department’s use of force principals applicable to virtually all law enforcement agencies in the State of New Mexico. The Albuquerque Police Department (APD) adopted use of force pricipals and policy last year. The use of force principals are mandated by the Federal Court Approved Settlement Agreement (CASA) that was entered into in 2014 by the City of Albuquerque after the US Department of Justice (DOJ) found a pattern of excessive use of force and deadly for by APD and a “culture of aggression” especially when dealing with the mentally ill.

The mandatory Use of Force Principals for APD sworn police merit review and are as follows:

“Use of force by … officers, regardless of the type of force, tactics, or weapon used, shall abide by the following requirements:

A) Officers shall use advisements, warnings, and verbal persuasion, when possible, before resorting to force.

B) Force shall be de-escalated immediately as resistance decreases.

C) Officers shall allow individuals time to submit to arrest before force is used whenever possible.

D) APD shall explicitly prohibit neck holds, except where lethal force is authorized.

E) APD shall explicitly prohibit using leg sweeps, arm-bar takedowns, or prone restraints, except as objectively reasonable to prevent imminent bodily harm to the officer or another person or persons; to overcome active resistance; or as objectively reasonable where physical removal is necessary to overcome passive resistance and handcuff the subject

F) APD shall explicitly prohibit using force against persons in handcuffs, except as objectively reasonable to prevent imminent bodily harm to the officer or another person or persons; to overcome active resistance; or as objectively reasonable where physical removal is necessary to overcome passive resistance.

G) Officers shall not use force to attempt to effect compliance with a command that is unlawful.

H) Pointing a firearm at a person shall be reported as a Level 1 use of force, and shall be done only as objectively reasonable to accomplish a lawful police objective; and

I) Immediately following a use of force, officers, and, upon arrival, a supervisor, shall inspect and observe subjects of force for injury or complaints of pain resulting from the use of force and immediately obtain any necessary medical care. This may require an officer to provide emergency first aid until professional medical care providers arrive on scene.”

See 13th Progress and Status Summary Report prepared by the APD Compliance and Oversight Division, Page 12:

https://documents.cabq.gov/police/reports/department-of-justice/thirteenth-apd-progress-report.pdf

ACLU TOP PRIORITY

Not surprising is the fact that SB 227 has been made of top priority of the New Mexico Chapter of the American Civil Liberties union. The ACLU has said that the bill reflects public sentiment, citing a poll it commissioned in December 2020. The poll found 72% of registered voters supportive of a law “to place clear limits on when force can be used and require that police try to use alternatives before resorting to force.”

Barron Jones, a senior policy analyst with the American Civil Liberties Union of New Mexico, said he believes Lopez’s bill is “hands down the strongest” police reform legislation in the country and had this to say:

“This has been a long time coming. … We hand over a lot of trust to law enforcement agencies throughout the state, and the public should be able to see and gauge how that department is doing when it comes to serving and protecting their constituents. ”

https://www.jurist.org/news/2021/02/new-mexico-state-senator-introduces-police-reform-bill/

https://www.santafenewmexican.com/news/legislature/police-reform-bill-introduced-in-new-mexico-legislature/article_13a2a852-64bc-11eb-8462-7b9562751927.html

LAW ENFORCEMENT UNIONS OPPOSE SB 227

SB 277 is strenuously opposed by law enforcement agencies and law enforcement unions, particularly the Albuquerque Police Officers (APOA) union and the New Mexico State Police Association.
Shaun Willoughby, president of the Albuquerque Police Officers’ Association said APD’s Use of Force Principals for APD sworn police have been “a disaster”. He criticized the legislators for failing to reach out to police in developing the proposal.

Willoughby sharply criticized SB 277 this way:

“Policing policy is not supposed to be legislated by people who are not police officers. … This is all from, basically, all of the nightmare that Albuquerque is going through. … Why would you want to do that to the rest of the state of New Mexico? It doesn’t work. … This is why your cops feel lack of support. … And if something like this should pass, we’re going to let the law enforcement community know, in a very abrupt fashion, that New Mexico is closed for law enforcement business. This isn’t where you come to be a successful cop. … And we might even open the avenues for our existing cops to go somewhere else.”

https://www.kob.com/albuquerque-news/apd-police-union-criticizes-proposed-use-of-force-legislation/5999307/

The New Mexico State Police Association also is opposed to the legislation. On February 4, just two days after the bill was introduced, New Mexico State Police officer Darion Jarrott was shot and killed by a man he had pulled over. It was the first fatal shooting of a State Police Officer officer in 30 years. The president of the New Mexico State Police Association Jose Carrasco posted video to Facebook entitled “Vote NO on SB 227” in which he criticized the bill for depriving officers of less lethal options for detaining suspects.

DOJ INVESTIGATION

When it comes to the APD, it is too easy to forget what brought the Department of Justice (DOJ) here in the first place and what resulted in the mandatory Use of Force Principals for APD sworn police which are now trying to be made mandatory to all law enforcement in the state with SB 277. For that reason the DOJ investigation and its finding merit review.

On April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18-month civil rights investigation of the Albuquerque Police Department (APD). The investigation was conducted jointly by the DOJ’s Washington Office Civil Rights Division and the United States Attorney’s Office for the District of New Mexico.

You can read the entire report here.

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD. The DOJ investigation “determined that structural and systemic deficiencies — including insufficient oversight, inadequate training, and ineffective policies — contribute to the use of unreasonable force.”

Based on the investigation and the review of excessive use of force and deadly force cases, the DOJ found “reasonable cause to believe that APD engage[d] in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment … . and [the] investigation included a comprehensive review of APD’s operations and the City’s oversight systems.”

Federal civil rights laws make it unlawful for government entities, such as the City of Albuquerque and APD, to engage in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the Constitution and laws of the United States.

The investigative report found a pattern or practice of use of “deadly force” or “excessive use of force” in 4 major areas:

1. The DOJ reviewed all fatal shootings by officers between 2009 and 2012 and found that officers were not justified under federal law in using deadly force in the majority of those incidents. Albuquerque police officers too often used deadly force in an unconstitutional manner in their use of firearms. Officers used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed. Officers also used deadly force in situations where the conduct of the officers heightened the danger and contributed to the need to use force.

2. Albuquerque police officers often used less lethal force in an unconstitutional manner, often used unreasonable physical force without regard for the subject’s safety or the level of threat encountered. The investigation found APD Officers frequently used take-down procedures in ways that unnecessarily increased the harm to the person. Finally, APD officers escalated situations in which force could have been avoided had they instead used de-escalation measures.

3. A significant number of the use of force cases reviewed involved persons suffering from acute mental illness and who were in crisis. The investigation found APD’s policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respected their rights and in a manner that was safe for all involved.

4. The investigation found the use of excessive force by APD officers was not isolated or sporadic. The pattern or practice of excessive force stemmed from systemic deficiencies in oversight, training, and policy. Chief among these deficiencies was the department’s failure to implement an objective and rigorous internal accountability system. Force incidents were not properly investigated, documented, or addressed with corrective measures by the command staff.

On November 10, 2014, the DOJ and the City of Albuquerque and APD entered into a 106-page negotiated Court Approved Settlement Agreement (APD) mandating 271 sweeping reforms of APD.

Major reform mandates under the settlement include:

1. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re writing and implement new use of force and deadly force policies.

2. The CASA mandates the teaching of “constitutional policing” practices and methods as well as mandatory crisis intervention techniques and de-escalation tactics with the mentally ill.

3. The City agreed that APD would overhaul and rewrite all of its “use of force policies” and “deadly force” policies, recruitment procedures, training, internal affairs procedures and implement field supervision of officers.

4. Stricter training and restrictions on the use of nonlethal force is required.

5. More training and controls over the use of Tasers by officers along with quarterly audits of their use.

6. The agreement mandates that APD adopt a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented and outlining details how use of force cases would be investigated. It requires far more reporting by officers and field supervisors and also requires detailed reviews of those reports up the chain of command within the department.

7. Officers who point their firearms at a person, but don’t fire, must fill out a use of force report that will be reviewed by field supervisors. That review is separate from a city civilian police oversight agency that will be independent of the department and will review police use of force incidents as well as civilian complaints.

8. APD agreed to revise and update its policies on the mandatory use of lapel cameras by all police officers.

9. Certain types of hand-to-hand techniques are barred under the CASA unless the officer is in a situation that require the use of lethal force if it were available. Neck holds, sometimes called choke-holds, are explicitly forbidden to be used by officers except in situations where lethal force would be authorized.

10. A major change in the CASA bans APD officers from firing their weapons at moving vehicles in all but life-threatening situations.

COMMENTARY AND ANALYSIS

Opposition to legislation such as SB 277 by law enforcement is swimming against the tied of public outraged that was sparked by the killing of African American George Floyd by police. The Floyd death resulted in mass demonstrations across the United States in major cities and even globally.

VIGOROUS UNION OPPOSITION TO REFORMS

On June 6, 2020, the New York Times published a news article on line entitled “How Police Unions Became Such Powerful Opponents to Reform Efforts”. The New York Times article discusses that as demands for police reform have mounted across the country in the aftermath of police violence or shootings resulting in death, unions have emerged as significant roadblocks to police reforms and change.

According to the New York Times article, the greater the political pressure for police reform, the more defiant police unions become in resisting police reforms. The unions are aggressively protecting the rights of members accused of misconduct. The article reports that unions can be so effective at defending their members that cops with a pattern of abuse can be left untouched, ostensibly undisciplined and they remain on the force.

The New York Times article discusses the Baltimore, Maryland case where the city and the Justice Department (DOJ) reached a consent decree in 2017 to overhaul police conduct. The Baltimore Police union for its part described a police department in chaos, with severe staff shortages and low morale and those who remain said they feel unsupported by their commanders.

In other instances, the article discusses how unions have not resisted reforms outright, but have made them difficult to put in place. The New York Times reports that federal intervention is often one of the few reliable ways of reforming police departments. However, it was also reported that in Cleveland, the union helped slow the adoption of reforms mandated by a federal consent decree. Cleveland police union president at the time of the consent decree, said he and his colleagues saw some of the mandated rules as counterproductive.

The link to the entire New York Times article is here:

https://www.nytimes.com/2020/06/06/us/police-unions-minneapolis-kroll.html

CONCLUSION

Instead of resisting the reforms mandated by legislation embodied in SB 277, police unions should do what they can to embrace reform efforts in order to regain credibility with the public. Only then will law enforcement be free to fight crime absent violating people’s civil rights.

Notwithstanding, time is running out. On February 24, a substitute SB 277 passed the Health and Public Affairs Committee and SB 277 is now awaiting a hearing in the Senate Judiciary Committee. If it SB 277 dies in committee, Senator Linda Lopez has said she will not give up and introduce it in the 2022 New Mexico legislative session.

“YOU DON’T SAY!! SURPRISE, SURPRISE, SURPRISE!!!”

USMC Private First-Class Gomer Pyle

NATIONAL SEARCH PRODUCES HAROLD MEDINA

Albuquerque Mayor Tim Keller announced on Monday, March 8, that Harold Medina is the new APD Chief of Police. Medina has been serving as interim APD Chief since Mayor Keller fired APD Chief Michael Geier in September 2020. Within days after the departure of Chief Geier, the city posted and advertised the position nationally. Medina made it known immediately he would apply.

The Keller Administration hired a consultant to help search for applicants. The search resulted in 39 applicants who submitted their resumes. A screening process was initiated and applicants were sorted into 25 “qualified” candidates and 9 “unqualified” candidates. On January 1, 2021, the names of all applicants were released.

The City of Albuquerque narrowed its search for a new police chief to 3 candidates. On January 20, 2019, Mayor Tim Keller announced 3 finalists for Chief of Police. The finalists were:

1. Joseph Sullivan
2. Clinton Nichols
3. Interim Chief Harold Medina

HAROLD MEDINA’S TROUBLED PAST

APD Chief Harold Medina has a very troubling past of 3 police officer involved shootings with reactive decision-making or failed leadership resulting in the killing of two mentally ill people having psychotic episodes.

The 3 cases reveal Medina’s actions, his failure to act and supervise, his reactive decision-making process resulting in disastrous outcomes, even death, and reflecting failed leadership. A short summation of each of the 3 shootings merit review:

1. THE 2004 SHOOTING OF DOMINIC MONTOYA

Harold Medina has the tragic distinction of shooting and killing a 14-year-old Cibola High School student in 2004 when he was an APD field officer. At the time of the shooting, Harold Medina was 30 years old and was a seven-and-a-half-year veteran of APD. According to news accounts, 14-year-old boy Dominic Montoya went to Taylor Ranch Baptist Church looking for prayer. Montoya was reported as saying he was possessed by demons and went to church for help. Some one noticed the teenager was concealing a weapon and APD was called. It turned out it was a BB gun and when APD showed up, the 14-year-old was fatally shot by police after pointing the BB gun at the officers. It was then APD Officer Harold Medina who fired 3 shots at the 14-year-old, Cibola High School Student with two hitting the juvenile in the abdomen. It was reported that the BB gun was indistinguishable from a real gun and Medina said he was in fear for his life and reacted by discharging his service revolver killing the boy.

https://apnews.com/41e13a7f6393b3ea5b92ccfadae5ccd6

2. THE FEBRUARY 8, 2009 SHOOTING OF ANDREW LOPEZ

On February 8, 2009, the shooting of 19-year-old Andrew Lopez by APD officer Justin Montgomery occurred. Harold Medina was “off-duty” supervisor when Lopez was killed. The reasons why Medina was off duty have not been disclosed. Medina’s assigned APD’s officers he was supposed to supervise attempted to pull over Lopez when Lopez stopped the vehicle, exited, and ran pursued by Montgomery who shot at Lopez three times with one shot causing a non-lethal bullet wound. Lopez fell to the ground and lay motionless on his back. Lopez was unarmed. The officer fired the fourth and final shot into Lopez’s chest, piercing his lung and heart and causing his death. The officer said Lopez had a gun. The truth is Lopez had no gun and none was found at the scene. In a bench trial in state court, the judge found that the officers’ testimony about the threat they perceived from Lopez was not credible. The judge concluded that the shooting was unreasonable. The judge further found that the training provided to APD officers on use of deadly force “is not reasonable and is designed to result in the unreasonable use of deadly force.” The judge found the City principally responsible for Lopez’s death and awarded his estate approximately $4.25 million.

3. THE JANUARY 13, 2010 SHOOTING OF KENNETH ELLIS

On January 13, 2010, Kenneth Ellis, III, a 25-year-old veteran who was suffering from post-traumatic stress disorder and was shot and killed by APD police officers. The officers suspected Ellis of vehicle theft and pulled him over in a parking lot. Ellis exited the vehicle holding a gun pointed to his head. Ellis continued to hold the gun to his head as he made several phone calls and the officers attempted to negotiate with him. After several minutes, an officer shot Ellis one time in the neck and killed him. A 12-page transcribed interview taken on January 13, 2010 of then APD Lieutenant Harold Medina reveals his involvement in the shooting and killing of Ken Ellis. Lt. Harold Medina admits that he was at the scene, that he authorized the use of deadly force on Kenneth Ellis and he did not attempt to deescalate the confrontation. APD Lieutenant Harold Medina became “involved” by being armed with a rifle and “covering” Ellis. In his interview Medina states he was prepared to use deadly force himself. A judge in a state civil suit granted summary judgment in favor of the plaintiffs, finding that the shooting of Ellis violated the Fourth Amendment. A jury later returned a verdict finding the City and the officer who shot him liable for Ellis’ death and awarding more than $10 million in damages.

Former APD Chief Michael Geier sat on the city’s force review committee at the time of the Ellis shooting and later said that Medina should have been disciplined for his failure in leadership in dealing with Ken Ellis. Medina was never disciplined for his conduct relating to any of the 3 high profile shootings.

SYLVESTER STANLEY APPOINTED INTERIM SUPERINTENDENT OF POLICE REFORM

Along with his appointment of Harold Medina as permanent APD Chief, Mayor Keller also appointed Sylvester Stanley as “Interim Superintendent of Police Reform” in addition to the position of Deputy Chief Administrative Officer (DCAO). Stanley will report directly to the City’s Chief Administrative Officer Sarita Nair. Ostensibly, APD Chief Harold Medina will not be reporting to Stanley nor Stanley to Medina.

In 1982, Sylvester Stanley began his career with the Bernalillo County Sheriff’s Department (BCSO) where he began his career as a patrolman. Over the years, he advanced through the ranks serving as a Detective, Sergeant, and Lieutenant retiring, in 2002, with the rank of Captain. Stanley served as Division Commander in each of the Bernalillo County Sheriff’s Department’s four divisions: Court Services, Administration, Field Services and Criminal Investigations.

Sylvester Stanley served as Police Chief for the Isleta Police Department from 2018 to 2021, and it is the fourth time he has served as a police chief in New Mexico. His first appointment, was at Isleta Pueblo in December 2002 where he served for one year. He then served in Gallup, New Mexico, from 2003 until 2007. Stanley has been a 3 time candidate for Bernalillo County Sheriff. .

According to the press announcement:

Sylvester Stanley will serve as Interim Superintendent of Police Reform and Deputy Chief Administrative Officer, a new executive-level position developed to deliver candid assessments of the police department’s reform initiatives. The position is based in part on the previous Chief of Public Safety roles that have been part of city leadership in the past, but has been updated for current times.

Interim Police Reform Superintendent Stanley will directly oversee all Academy operations including cadet training, continuous education, and development of innovative curriculum. Stanley will ensure compliance with the court-approved settlement agreement requirements related to training and directly oversee all internal affairs matters, and will have the final say on police disciplinary matters. The Interim Superintendent will also develop policies and practices to ensure APD has a wide range of tools to foster culture change.

Sylvester Stanley had this to say in a statement about his appointment:

“It’s an honor to continue my service to the community by taking on this new, innovative role … Bringing real reform and culture change is a mighty task. It’s no secret that the Department has been struggling to prevent and correct mistakes through training and to hold people accountable for misconduct when that training doesn’t work. But we are not going to give up on the vision we all share, to make it possible for people from all walks of life to feel safe in our city. This role will be pivotal not only for working with the DOJ, but for making sure that reform efforts will last even after the monitor is gone. In this executive-level position, I will oversee Academy operations, DOJ requirements related to training, and internal affairs matters including discipline. I have served as Chief of Police four times, and am one of only three African Americans in New Mexico who has made it to that rank. I look forward to making history with our community again as we build out this significant role.”

The full press release on the appointments is here:

https://www.cabq.gov/mayor/news/mayor-keller-appoints-two-new-top-leaders-for-albuquerque-police-department

COMMENATARY AND ANALYSIS

Mayor Tim Keller’s appointment of Harold Medina comes as absolutely no surprise to anyone. It is also as disappointing as it gets. The Medina appointment confirms what confidential sources within city hall said in September that it was a done deal that Keller would appoint Medina and that the national search was the same sham Keller pulled when he appointed Chief Michael Geier. Keller’s sham process is first appoint who he wanted to be permanent Chief as Interim Chief first, announce and go through the motions of a national search and interview applicants to placate the public as if interested in what they had to say and then announce as Chief who you always wanted to appoint in the first place.

MEDINAS JANUARY 23 WEBINAR INTERVIEW

What Interim Chief Harold Medina said during his January 23 webinar interview is worth repeating:

“How can you change a culture if you had not lived and been a part of that culture? … I have already begun the transformation process for the Albuquerque Police Department, and I am asking for the time to complete it.”

The appointment of Harold Medina as permanent Chief is so very wrong on so many levels. You sure the hell cannot change the culture within APD  with someone who helped create, was part of and who did not stop “the culture of aggression” found by the Department of Justice.

Medina has a history of reactive decision-making and failed leadership resulting in the killing of two mentally ill people having psychotic episodes, a 14 year old boy and an Iraq War veteran suffering from PTSD threatening to kill himself while pointing a gun to his head. APD Chief Harold Medina successfully convinced Keller and Nair the two tragedies are a positive credential to run the APD saying because of the shootings he now understands the DOJ reforms, their need and can implement them. Medina’s conduct in the two shootings is the very type of conduct that resulted in the Department of Justice investigation in the first place. 

With two separate fatalities involving the mentally ill, APD  Chief Harold Medina represents the total opposite of what the city needs in a police chief.  It is  very critical to have a police chief with experience with reducing use of force, not one who has used deadly force. A a chief who has knowledge of crisis management, not one who causes a crisis. A Chief who  understands the  importance of protecting civil rights, not one who has violated civil rights, and a Chief able to tackle the issue of a police department interacting with the mentally ill, not one who has been involved with the killing of two mentally ill people.  The fatal shootings Medina was involved with show he possesses none of the desired traits. 

THE STANLEY COP CHALLENGE

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 Interim Chief Harold Medina have developed a strong working relationship with CAO Nair. According to city hall sources Interim Chief Harold Medina will do whatever he is told to do by CAO Nair and Mayor Tim Keller. Confidential APD command staff also reported that Deputy Chief Harold Medina made it known to them that he intended to be the next Chief of APD sooner rather than latter even if took orchestrating Chief Geier’s departure relying upon CAO Sarita Nair’s support.

During an election year, the DOJ mandated police reforms will be front and center as a major issue in the 2021 Mayor’s race. Keller has no background nor practical experience in law enforcement and now his inexperience is showing, as is the inexperience of political operative CAO Sarita Nair.

Sylvester Stanley should be able to bring a level of maturity and understanding of law enforcement that is currently lacking in the Mayor’s office, only if he is allowed to do it. Stanley’s biggest challenge will be dealing with a Mayor and a CAO more concerned about public relations and both who have an extensive history of interfering with APD and its management. The challenge for Sylvester Stanley will be doing his job with Keller, Nair and Medina watching and looking over his shoulder.

To be successful, Stanley needs to be given full authority to do what he feels must be done and not be rushed and told what to do as was the case with former Chief Geier. The biggest challenge will be for Sylvester Stanley to be able to say no to a Mayor, CAO and Chief who are use to getting everything they order to be done. Chief Geier was fired for not satisfying Keller’s demands and expectations and Stanley will be under bigger pressure to perform in an election year.

KELLER RUNS FOR A SECOND TERM

When running for Mayor in 2017, then State Auditor Tim Keller had zero knowledge of the extent of how serious the problems that were found by the Department of Justice and the “culture of aggression” and the use of deadly force by APD. Keller was not interested in learning about the APD “culture of aggression” in that he did not bother to attend any one of the many Federal court hearings on the APD reforms when he was running for Mayor. Keller has no background nor practical experience in law enforcement and now his inexperience is showing, as is the inexperience of the political operatives such as CAO Sarita Nair he has surrounded himself with in his office.

Mayor Tim Keller now has his eyes focused on another 4-year term with the election on November 2. Keller has fired his first, handpicked appointed APD Chief only to appoint as Chief with a nefarious past. The only thing Tim Keller appears to have learned during the last 3 years as Mayor is how much he can get away with his political appointments at the expense of public safety.

The real questions are how much has the voting public learned about Mayor Tim Keller and do they really care?

On March 2, the Albuquerque Police Department (APD) Compliance and Oversight Division filed its “13th Progress and Status Summary Report” in the case brought by the Department of Justice (DOJ) against the city and the Albuquerque Police Department (APD) for excessive use of force and deadly force. It was in April, 2014 that a DOJ investigation found a culture of aggression within APD. APD and the City for over 6 years have been struggling to implement the Court Approved Settlement Agreement and the 217 mandated reforms.

The parties entered into a Court Approved Settlement (CASA) that mandates 271 reforms that the Federal Monitor audits for compliance. This blog article is a heavily edited version of the Executive Summary that provides the highlights of the 13th report. It should not be considered as all inclusive. The link to the full 146 page 13th progress report is here:

https://documents.cabq.gov/police/reports/department-of-justice/thirteenth-apd-progress-report.pdf

EDITED EXECUTIVE SUMMARY

The 13th Progress report was prepared by the Albuquerque Police Department Compliance and Oversight Division to provide documentation and data to support the 12TH Independent Monitor’s Report, recommendations, APD’s actions in response to the auditor’s recommendations covering the time frame August 1, 2020 to January 31, 2021.

“ There are two hundred seventy-six (276) paragraphs in ten sections within the CASA with measurable requirements. Compliance is measured by three levels (primary, secondary, and operational). In this reporting period, key efforts to meet compliance requirements have been addressed by APD throughout all ten sections of the CASA including:

Use of Force; Specialized Units
Crisis Intervention
Policies and Training
Misconduct Complaint Intake
Investigation and Adjudication
Staffing, Management and Supervision
Recruitment Selection and Promotion
Community Engagement and Oversight
Assessing Compliance.”

EDITOR’S NOTE: There are 3 compliance levels that are audited for compliance:

1. PRIMARY COMPLIANCE: Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA; must comply with national standards for effective policing policy; and must demonstrate trainable and evaluable policy components.

2. SECONDARY COMPLIANCE: Secondary compliance is attained by implementing supervisory, managerial and executive practices designed to and be effective in implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there must be operational reports, disciplinary records, remands to retraining, follow-up, and revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

3. OPERATIONAL COMPLIANCE: Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

Under the terms and conditions of the CASA, once APD achieves a 95% compliance rate in all 3 of the compliance areas, and maintains compliance for 2 years, the case can be dismissed.

“[At] the end of the … [August 1, 2020 to January 31, 2021] reporting period, APD’s compliance levels were:

Primary Compliance: 100%
Secondary Compliance: 91% and
Operational Compliance: 64%.”

INTERNAL AFFAIRS PROFESSIONAL STANDARDS

In late 2020, APD began evaluating whether to restructure Internal Affairs Professional Standards Division and Internal Affairs Force Division into one division. The Monitor recommended that APD make necessary improvements to intake/adjudication and investigative processes first, then structure the divisions around the processes. To address intake/adjudication and investigative processes, APD requested technical assistance from the Monitor in two areas:

1. Internal affairs intake/adjudication
2. Force investigations processes.

SPECIAL OPERATIONS DIVISION

“In January 2021, the Interim APD Chief approved 25 detectives for the division to investigate levels 2 and 3 use of force cases. All the Special Operations Division were found to remain in Operational Compliance. A change in Special Operations Division command began on December 21, 2020. Standard operating procedures regarding Special Operations Division activities continue to be reviewed annually. The Special Operations Division continues to utilize Risk Assessment Matrices for pre-planned warrants, and After-Action Reports (AAR) are now After-Action case files containing more comprehensive information applicable to the tactical activation, and are used for review and documentation purposes.”

INDIVIDUALS IN MENTAL HEALTH CRISIS

“APD continues to develop, implement and support integrated, specialized responses to individuals in mental health crisis through collaborative partnerships with community stakeholders, specialized training, and improved communication and coordination with mental health professionals. APD has continued to meet remotely during the pandemic with the Mental Health Response Advisory Committee (MHRAC). Meetings were held every month during this monitoring period. Regular topics included the continued planning of the new Albuquerque Community Safety (ACS) Department and the gateway shelters.”

MENTAL HEALTH RESPONSE ADVISORY COMMITTEE

“Other topics included Albuquerque Fire and Rescue’s Wellness Check program, ongoing concerns with New Mexico’s on body camera law for law enforcement, the release of recorded footage, the impact of COVID on services, changes to the mobile crisis team program and a presentation of collected APD data on mental health interactions. The Mental Health Response Advisory Committee currently has two subcommittees, one focusing on information sharing and emerging resources for those living with behavioral health issues and a training subcommittee that evaluates and provides feedback on all APD behavioral health training.

Topics covered by the information sharing/resource subcommittee included building a COVID specific version of the APD resource card, an introduction to the Policy and Procedures Section of APD, and discussion of a standalone Certificates for Evaluation policy. The Training subcommittee covered updates to the Crisis Negotiation Team training being developed by the SOD, Handbook updates for the Behavioral Sciences Section (BSS), changes to the Enhanced Crisis Intervention Team training and Law Enforcement Assisted Diversion training delivered to all APD officers.”

TRAINING ACADEMY

“In September 2020, APD transitioned to temporary acting leadership at the Training Academy. In the past, the Department of Justice and Independent Monitoring Tram have been critical of APD’s curriculum standards and proposed bringing in an experienced educator to oversee curriculum development to work with both civilian and sworn personnel.

In December 2020, APD announced that the department was developing a Detective Academy, which current and future detectives will be required to attend. The course will include trainings such as Interview and Interrogation, Crime Scene Management, Courtroom Preparation and Procedures, Search and Arrest Warrants, Constitutional Policing, Felony Investigation and Case Preparation, Crimes Against Children Unit (CACU), Child Abuse Response Evaluators (CARE), and Electronic Devices, with a tentative training to be conducted in Summer 2021.”

INTERNAL AFFAIRS

“Internal Affairs continues to improve the quality and timeliness of investigations involving department personnel through increased oversight and accountability. The Department of Justice (DOJ) has established a more cohesive relationship with the Internal Affairs and meets biweekly to provide status updates on internal affairs investigations. The increased communication with DOJ demonstrates APD’s willingness to be transparent and accept feedback to strengthen the internal affairs process.”

AUTOMATED LINE INSPECTION PROCESS

“In an effort to improve department-wide inspections and audit processes, APD worked with the City’s Department of Technology and Innovation (DTI), Enterprise Resource Planning (ERP) team to implement a more user-friendly and automated line inspection process. The new line inspection form will auto populate data from source systems, reducing data entry error from manual entries and increasing efficiency in completing the inspection process.”

LIEUTENANT WEAPON INSPECTION

“APD continues to audit both the monthly line inspection forms and criminal complaint and juvenile statements of probable cause to ensure close and effective supervision of officers. Beginning January 1, 2021, a pilot phase for the Lieutenant Weapon Inspection process was initiated in the Valley Area Command and the SOD. The Lieutenant Weapon Inspection serves as a second level review verifying the randomly selected officer’s department issued weapons match his/her property card and the officer is carrying department authorized ammunition.”

COMMUNITY ENGAGEMENT APPLICATION

“A new community engagement application has been created and is currently in a test phase It is intended to increase oversight and accountability of officers’ efforts to address community concerns. Supervisors will be able to view reports relating to officers’ participation in community events and activities and ensure concerns are resolved.”

POLICE OFFICER RECRUITMENT

“In Fall 2020, APD initiated a new marketing campaign for recruiting officers. In the past, APD recruiting advertisements focused on specialized units such as SWAT or K-9 Units to draw in applicants. APD has changed recruitment focus and sees the value in including the community’s idea of the ideal officer and the attributes one must possess. Those attributes include but are not limited to, have patience, be respectful, recognize self-bias, as well as possess both a human side and a protective side and know the difference when to use each.”

BEHAVIORAL SCIENCES SECTION

“The Behavioral Sciences Section (BSS) provided training to all supervisors and acting supervisors in November and December 2020. The training focused on BSS’s role in providing mental health services to include minimizing the stigma, addressing confidentiality, common stressors, warning signs of officer distress, self-referral vs. mandated referrals and evaluations after critical incidents/officer involved shootings. BSS strives to promote the importance of mental health wellness and self-care to sustain viability both professionally and personally.”

COMMUNITY OUTREACH

“In November 2020, along with the City of Albuquerque’s Office of Equity and Inclusion, APD began developing the Community Ambassador Program. This program is comprised of APD officers who serve as ambassadors or liaisons, connecting diverse communities and the police department. APD wants to reach our diverse community groups throughout the City in an effort to bridge the gap and help build partnerships, better communication, and understanding amid these communities and the police department. It is through such efforts that APD can enhance APD’s community policing philosophy. Twelve (12) ambassador applicant officers along with six (6) additional volunteer officers attended the City’s cultural sensitivity training in mid-January 2021 with additional anti-racism training scheduled for the end of January 2021

APD continues to be an active participant in the development of the ACS Department, and actively pursues partnerships with amici and other groups such as the Black New Mexico Movement (BNMM), Burque Against Racism, and Commission of the Deaf and Hard of Hearing.”

KEY STEPS TAKEN BY APD AND CITY ADMINISTRATION

The 13th report provides a detailed chronology of key steps taken by APD and programs developed by APD and the City Administration. The Department of Justice and Independent Monitoring Team have been very critical in the past of APD’s ability to produce curricula and proposed bringing in an experienced educator into an oversight position to work with both sworn and civilian personnel.

A very detailed chronology of key steps taken and programs initiated by APD and City Administration can be found on pages 8, 10 and 11 of the report:

https://documents.cabq.gov/police/reports/department-of-justice/thirteenth-apd-progress-report.pdf

USE OF FORCE PRICIPLES OUTLINED

The 13th Progress and Status Summary Report prepared by the APD Compliance and Oversight Division outlines the mandatory Use of Force Principals for APD sworn police. After the use of force principals are outlined, data is provided on the 3 levels of compliance. The use of force principals merit review and are as follows:

“Use of force by APD officers, regardless of the type of force, tactics, or weapon used, shall abide by the following requirements:

i) immediately following a use of force, officers, and, upon arrival, a supervisor, shall inspect and observe subjects of force for injury or complaints of pain resulting from the use of force and immediately obtain any necessary medical care. This may require an officer to provide emergency first aid until professional medical care providers arrive on scene.” (page 12.)

PRIMARY, SECONDARY AND OPERATIONAL COMPLIANCE LEVELS REPORTED

Immediately after the listing of the Use of Force principals, the 13th Progress and Status Summary report delves into the individual paragraphs of the Court Approved Settlement Agreement (CASA) and provides compliance levels at pages 12-74. Pages 75 to 146 of the report consists an Appendix that provides detailed “score cards” and data collected by the Monitoring Team.

The 13th Progress and Status Summary Report prepared by the APD Compliance and Oversight Division concludes with a single short paragraph:

APD remains committed to implementing and sustaining the requirements of the CASA. The progress made during this reporting period highlights the Department’s ability to work collaboratively with stakeholders to implement positive change. Through guidance and feedback from the IMT and DOJ, APD will continue to work towards full operational compliance in all CASA paragraphs.

COMMENTARY AND ANALYSIS

The APD Compliance and Oversight Division failed to report and highlight just how bad APD has become when it comes to compliance with the CASA. It was on Friday, October 6, 2020, that Court appointed Federal Monitor Ginger told Federal District Court James Browning:

“We are on the brink of a catastrophic failure at APD. … [The department] has failed miserably in its ability to police itself. … If this were simply a question of leadership, I would be less concerned. But it’s not. It’s a question of leadership. It’s a question of command. It’s a question of supervision. And it’s a question of performance on the street. So as a monitor with significant amount of experience – I’ve been doing this since the ’90s – I would have to be candid with the Court and say we’re in more trouble here right now today than I’ve ever seen.”

EXTERNAL FORCE INVESTIGATION TEAM

On Friday, February 5, the City of Albuquerque and the Department of Justice (DOJ) filed a “Joint Motion For Entry of Stipulated Order Establishing An External Force Investigation Team” (EFIT) in the 2014 case filed by the DOJ against the City and the Albuquerque Police Department (APD) for civil rights violations and excessive use of force and deadly force.

According to the Motion and Order, the EFIT team will train APD Internal Affairs investigators on how to properly investigate uses of force instances by APD police officers. According to the approved order, the City will ensure that APD maintains at least 25 force investigators assigned to the APD Internal Affairs unit unless and until APD can demonstrate by an internal staffing analysis that fewer investigators are necessary to timely investigate uses of force by APD Officers.

A link to the Motion and the Stipulated Order is here:

https://drive.google.com/file/d/1DO2UyAGKf5Srw50Y9DcYCmuX3WzESukC/view<

On Friday, February 26, U.S. District Judge James Browning held a hearing and approved the Stipulated Order between the city of Albuquerque and the DOJ. Both the City and the DOJ insisted that time was of the essence to allow the City to issue Request For Proposals (RFP) to hire EFIT members by contract. Judge Browning signed the Stipulated Order but said he intends to issue a written opinion on the matter in April giving his findings based upon what was brought out during the hearing. Under the approved order, the city will hire an administrator who will then hire a number of investigators for EFIT.

Assistant United States Attorney Paul Killebrew had this to say about EFIT :

“…[W]hat we have is a city that has failed to comply with that court order over and over and over again. It’s not an option right now to do nothing. If we sit back and wait, using all the tools that we have already been using, I don’t know why we would expect things to change on their own.

The sense of the United States when we received the monitor’s report was that additional interventions were required. … When we read [the Independent Monitor’s 12th report], we believed that there were likely grounds for contempt, and that we could probably make a good case for a receivership, at least as it regards serious force investigations.”
…
When we read [the Independent Monitor’s 12th report], we believed that there were likely grounds for contempt, and that we could probably make a good case for a receivership, at least as it regards serious force investigations.

According to the approved order, the city will seek to hire an administrator by early May and then start hiring the team. According to the approved order, the city will attempt to return full responsibility to the internal investigators within 9 months but that time frame could be extended, if needed. The order requires the outside investigators to accompany internal affairs detectives to all scenes where an APD officer uses force on a person that causes injury, hospitalization or death. The external investigator will be privy to all evidence, documents and investigative notes and will evaluate the quality of the internal investigator’s work and notify APD and attorneys if there are any deficiencies.

CONCLUSION

It is not at all difficult to understand why the Albuquerque Police Department Compliance and Oversight Division would even report:

“APD remains committed to implementing and sustaining the requirements of the CASA. The progress made during this reporting period highlights the Department’s ability to work collaboratively with stakeholders to implement positive change.” .

As has been the case with the Keller Administration, public relations reigns supreme over reporting bad news and there is no doubt the report prepared by the APD Compliance and Oversight Division was to make APD look better than it really is when it comes to the reforms. This sure the hell does not sound at all like APD is “… on the brink of a catastrophic failure at APD” that the Federal Monitor has reported. The Federal Monitor has repeatedly found APD has resisted the reforms to the point that the DOJ and the City were forced to enter into an agreed order for outside investigations and training on use of force cases.

The request for the External Force Investigation Team overshadows to the point of discrediting the 13th Progress and Status Summary Report prepared by the Albuquerque Police Department Compliance and Oversight Division. The 13th report offers very little more than what is in the Federal Monitor’s 12th report other than a series of appendix documents.

For these reasons, the benefit of 13th Progress and Status Summary Report prepared by the Albuquerque Police Department (APD) Compliance and Oversight Division appears to have had the only benefit of trying to down play just how bad APD has failed to implement the reforms for the past 6 years with millions spent and with millions more about to be spent.

It was on December 19, 2017, when Republicans had full control of the Senate and House and the Presidency that the House and Senate voted strictly on party lines to pass the most sweeping rewrite of the Unites States tax code in decades. It was a $1.5 trillion tax bill which former President Trump signed.

REPUBLICANS PASS TAX REWRITE WITHOUT DEMOCRATS

Under the final tax bill, the corporate tax rate fell from 35% to 21%. Individuals saw a tax cut, including a top rate of 37%, down from 39.6%. The size of inheritances shielded from estate taxation doubled to $22 million for married couples, and owners of pass-through businesses, whose profits are taxed through the individual code, were able to deduct 20% of their business income. The individual tax cuts will expire after 2025.

The tax changes affected businesses and individuals unevenly, with winners and losers often being determined by industry or geography. An analysis by the Tax Policy Center found that the bill reduced taxes, on average, by about $1,600 in 2018, increasing after-tax incomes 2.2%, with the largest benefit going to the wealthiest households.

The reach of the bill extended beyond taxes and at the core component of the Affordable Care Act. It eliminated the requirement that most people have health coverage or pay a penalty. The Congressional Budget Office projected that it increased premiums for people who buy insurance. It also opened the Arctic National Wildlife Refuge in Alaska to oil and gas drilling, a defeat for environmentalists who have fought against such action for decades. The tax cuts also had broad effects and were detrimental to many social programs that would be cut to make up for the tax cuts.

The approval of the bill in the House and Senate came over the strenuous objections of Democrats, who accused Republicans of giving a gift to corporations and the wealthy and driving up the federal debt in the process.

https://www.nytimes.com/2017/12/19/us/politics/tax-bill-vote-congress.html

DEMOCRATS GIVE REPUBLICANS PAYBACK

On March 6, 2021, the US Senate approved the $1.9 trillion coronavirus relief plan on a 50-49 vote without a single Republican vote. The Senate passed the bill through budget reconciliation, a process that required no Republican support but every Democratic vote. Senate progressive Democratic leaders had to compromise with more moderate Senate democrats to win unified support while trying to balance the need to keep nearly all House Democrats on board to pass the plan.

The relief measure includes a new round of up-to $1,400 stimulus checks for millions of Americans, $350 billion for cash-strapped cities and states, $130 billion for schools, and other sizable sums for a wide array of programs including food assistance, rental relief and coronavirus vaccine distribution.

The bill also authorizes an additional $300-per-week in unemployment payments until early September, trimming the amount that House Democrats initially had approved earlier in the month. The bill will now be returned to the House for approval of Senate changes.

The Senate passed a $1.9 trillion coronavirus relief package as the Democrats are rushing to send out another fresh round of aid. The Democratic-held House wants to pass it and send it to President Joe Biden for his signature before a March 14 deadline to renew unemployment aid programs.

The legislation includes direct payments of up to $1,400 to most Americans, a $300 weekly boost to jobless benefits into September and an expansion of the child tax credit for one year. It also puts new funding into Covid-19 vaccine distribution and testing, rental assistance for struggling households and K-12 schools for reopening costs.

Senate approval brings Biden’s first legislative initiative closer to fruition. While the GOP and some economists criticized the scope of the rescue package as the U.S. vaccination pace picked up, Democrats said they needed decisive action to prevent a sluggish recovery and future economic pain.

https://www.washingtonpost.com/us-policy/2021/03/06/biden-stimulus-covid-relief/

VOTER’S BI-PARTISAN SUPPORT

On March 3, it was reported that in a survey conducted from February 26 to March 1 by Morning Consult/Politico, showed strong bipartisan support for the $1.9 Trillion measure despite the increase in Republican attacks on its size, scope and price tag.

According to the poll 77% of voters backed the stimulus plan when its Democratic origin was not disclosed vs. 71% who did so when Democratic sponsorship label was disclosed.

59% of GOP voters say they support the $1.9 trillion stimulus package and 53% of GOP voters who were told it was the Democrats’ plan still backed it.

https://morningconsult.com/2021/03/03/coronavirus-stimulus-voter-support-bipartisan/

PRESIDENT BIIDENS REACTS

President Joe Biden praised the Senate’s passage of his $1.9 trillion COVID-19 relief plan calling it “one more giant step forward” on promises he made on the campaign trail to send aid to millions of Americans suffering from the effects of the COVID-19 pandemic. The relief package not only contains $1,400 relief checks but an extension of federal unemployment benefits, and billions of dollars for vaccine development and distribution. Biden had this to say:

“Today I can say we’ve taken one more giant step forward in delivering on the promise help is on the way. … The bottom line is this: this plan puts us on a path to beating this virus. ”

President Biden congratulated Senate Majority Leader Chuck Schumer for getting Senate passage. The Senate worked for more than 27 straight hours as it made its final deliberations on the package. Biden said:

“I’ve never seen anyone work as skillfully, as ably, as patiently with determination to deliver such a consequential piece of legislation.”

Biden made a swipe at former President Donald Trump without saying his name when he said he was “going to get the government out of the business of battling on Twitter and back in the business of delivering for the American people.”

https://www.usatoday.com/story/news/politics/2021/03/06/politics-updates-coronavirus-stimulus-senate/4595357001/

COMMENTARY AND ANALYSIS

When the Republican party rammed the 2017 $1.5 Trillion tax cuts through congress, they did so with the budget reconciliation process. At the time, the Republicans bragged about the tax cuts saying it would stimulate the economy, create jobs and would be refunding taxpayers money the government did not need.

The truth is, the Republican tax cuts benefited mostly the wealthiest in the country and major corporations and was the largest shift in wealth in the country’s history and to the wealthy. The Republican tax cuts did little to help the middle class. When the tax cuts were signed off by then President Trump, it was reported that he told wealthy donors at functions that he had just saved them millions.

COMIC RELIEF FROM THE REPUBLCAN SENATE CLOWN CAR

Fast forward to 2021 when Democrats hold the majorities in both the House and Senate as well as the Presidency.

Senate Minority Leader Mitch McConnell (R-Ky.) had this to say about the passage of the relief bill:

“The Senate has never spent $2 trillion in a more haphazard way, or through a less rigorous process. … Voters gave Senate Democrats the slimmest possible majority. Voters picked a president who promised unity and bipartisanship,” he continued, noting Democrats instead had opted to “ram through” their stimulus bill.

During the past 4 years when he was majority leader, the word “bipartisanship” was never used by Moscow Mitch and he has already forgotten what he did in 2017 when he rammed the $1.5 trillion in tax cuts through the senate knowing full well his ultimate goal has always been to cut entitlement programs such as social security and Medicare as the long-term goal to pay for the Republican tax cuts.

It was comical the lengths to which many Republican Senators went to try and defeat the $1.9 trillion coronavirus relief plan.

Republican Wisconsin Senator Ron Johnson stood alongside a poster board with a series of details about the literal, physical size of a stack of a trillion $1 bills. Johnson told his fellow senators that such a stack would be 67,866 miles high. Johnson said:

“That is what we are debating: spending. … A stack of dollar bills that extends more than halfway the distance to the moon.”

To make his case, Johnson also added that a stack of singles representing the entirety of the U.S. national debt would bring us even closer to Earth’s moon.

https://www.msnbc.com/rachel-maddow-show/ron-johnson-targets-relief-bill-decidedly-post-policy-way-n1259628

Johnson later demanded the reading out loud of the full text of the 628-page bill, which took hours while he was the sole member present in the Senate’s chamber except for a rotating series of Democrats who served as the body’s presiding officer.

https://www.reuters.com/article/us-health-coronavirus-usa-congress/us-senate-votes-to-begin-debate-on-biden-covid-19-relief-bill-idUSKBN2AW18U

Republican Louisiana Senator John Kennedy said about more rounds of stimulus payments:

“Well people in hell want ice water, too. … I mean, everybody has an idea and a bill, usually to spend more money. It’s like a Labor Day mattress sale around here.”

Kennedy also made somewhat of a fool of himself when he too took to the Senate Floor to recite each number of zeros in a trillion.

FINAL COMMENTARY

As the sayings go, “elections have consequences” and “pay back’s a bitch”. The 2020 elections did have major consequences and the pay back is almost to the moon.

With any luck, the Democratic controlled House and Senate will proceed to repeal the 2017 tax cuts and throw in a $15 dollar minimum wage for good measure.

Now that would be real payback long overdue.

On Thursday February 18, Channel 4 during its 6:00 PM news cast reported the following story:

STORY LINE: “Keller details proactive strategies to tackle crime in Albuquerque”

“ALBUQUERQUE, N.M.- Mayor Tim Keller addressed Thursday how his administration is trying to turn around the crime crisis in Albuquerque.

“I think it’s a challenging question because of COVID and what we’re seeing around the country. And actually we are concerned and worried about the reverse,” Keller said. “Violent crime is skyrocketing everywhere in the country. That is what we are trying to plan for, brace for and deal with. So until we have all the other associated aspects with COVID and violent crime and drug use show some kind of clear direction. Then we can give you an accurate forecast.”

The link to the news story is here:

https://www.kob.com/albuquerque-news/keller-details-proactive-strategies-to-tackle-crime-in-albuquerque/6017378/?cat=504

FEBRUARY 12 CHANNEL 4 REPORT

On Friday, February 12, KOB Channel 4 did another report interviewing Interim Chief Harold Medina on the city’s crime rates.

Following are the relevant portions of the Channel 4 report:

STORY LINE: “Interim APD chief says pandemic, drugs contributing to crime in Albuquerque.”

“ALBUQUERQUE, N.M.-

“It’s realistic that chiefs aren’t going to be around like they were in the past for decades,” Medina said. “Their short-term goals have to be tied in to long-term sustainable goals that are based on the department’s needs, and are going to be sustained by the department.”

https://www.kob.com/albuquerque-news/interim-apd-chief-says-pandemic-drugs-contributing-to-crime-in-albuquerque/6011104/?cat=500

COMMENTARY AND ANALYSIS

It is absolutely pathetic that Mayor Tim Keller and Interim Chief Harold Medina would make any attempt at all in blaming the city’s out of control crime rates in any degree on the pandemic. The blunt truth, crime has been out of control since Keller was sworn into office in 2017 and virtually all time Keller has been in office. The pandemic hit the city hard just last year in February, 2020. For that reason alone, Keller must think the public will believe anything he says when he blames the city’s crime rates on the pandemic.

In August, 2017, New Mexico State Auditor Tim Keller and candidate for Albuquerque Mayor had this to say about the city’s high crime rates:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Fast forward to today. When Keller tells Channel 4 with a smile on his face and a grin in his voice: “We’ve shifted focus to consistent proactive policing …Almost all of our efforts and resources and hours were soaked up by reactively responding to calls”, he no doubt believes that the general public have forgotten what has happened.

Keller said when he announced the programs in 2019 were “pro-active” and “not reactive” as he is obviously is now claiming.

Lest anyone forget, Keller campaigned hard in part on bringing down the cities crime rates. During his term violent crime had only gotten worse and despite programs he initiated.

It’s truly amazing that Mayor Tim Keller and Interim Chief Harold Medina are essentially blaming the city’s high violent crime rates on the pandemic. They both damn well know full well that the pandemic hit the city hard last February, 2020.

During the last 3 years of Keller’s term in office, the city has had a record-breaking number of murders. In 2018, there were 69 homicides. In 2019, there were 82 homicides. As of February 18, 2021, the city has had 20 homicides, yet another major record of murders so early in the year.

Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was in 2017 when 72 homicides were reported. The previous high mark was in 1996, when the city had 70 homicides. The year 2020 ended with 76 homicides, the second-highest count since 1996. The decline dropped the homicide rate from 14.64 per 100,000 people in 2019 to about 13.5 in 2020.

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

KELLER’S FAILURE TO BRING VIOLENT CRIME RATES DOWN AS PROMISED

The crime statistics released for 2018 and 2019 make it clear that despite all of Mayor Tim Keller’s promises to bring down skyrocketing violent crime, he has failed. In 2019, Keller implemented 4 new programs to address violent crime, increased APD personnel by 116, and spent millions. Violent crime is still “absolutely out of control”. Regrettably, Mayor Tim Keller has failed to do his “job to actually address crime in Albuquerque.”

Given Mayor Keller’s words as to whose job it is to address crime, a discussion of crime statics during Mayor Tim Keller’s tenure is in order.

VIOLENT CRIME UNDER KELLER

In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes, 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.

On Monday, September 21, 2020, the Albuquerque Police Department (APD) released statistics that revealed that overall crime in the city was down by less than 1% cross all categories in the first six months of 2020 as compared with the first six months of 2019. Crimes against persons are all violent crimes combined and include murder, deadly weapons assault and injury and rape.

The decreases in “violent crime” from 2019 to 2020 was a decrease by only 21 crimes or a 0.28% decrease. Over a 2-year period, it decreased 4%. According to the FBI statistics released, there were 7,362 crimes against persons reported in the first six months of 2020 and there were 152 more in the second quarter than in the first.

AUTO THEFTS STILL HIGH UNDER KELLER

On June 26, 2019 the National Insurance Crime Bureau (NICB) released its annual list of cities with the most stolen vehicles reported. Despite a 28% reduction in auto thefts over a two-year period, Albuquerque ranked No. 1 in the nation for vehicle thefts per capita for the third year in a row. On July 30, 2020, the National Insurance Crime Bureau (NICB) reports that Albuquerque is now ranked #2 in the nation for auto theft.

https://www.forbes.com/sites/jimgorzelany/2019/06/27/these-are-the-cities-with-the-highest-car-theft-rates/#7c42e7d35146

HISTORICAL HIGH HOMICIDE NUMBERS UNDER KELLER

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 in 2017 when 72 homicides were reported in Mayor Berry’s last year in office. The previous high mark was in 1996, when the city had 70 homicides. The year 2020 ended with 76 homicides, the second-highest count since 1996. The decline dropped the homicide rate from 14.64 per 100,000 people in 2019 to about 13.5 in 2020.

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

In 2019, Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates . Those APD programs are: the Shield Unit, Declaring Violent Crime “public health” issue, the Metro 15 Operation, “Violence Intervention Plan” (VIP Program). Based on the city’s high violent crime and murder rates, it appears Keller’s programs have been a failure

HISTORICALLY LOW HOMICIDE CLEARANCE RATES UNDER KELLER

For the past three 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.

In 2020 the clearance rate has dropped to 50%.

Of the 75 homicides thus far in 2020, half remain unsolved. There are only a dozen homicide detectives each with caseloads high above the national average.

KELLER’S FAILED PROGRAMS

In 2019, in response to the continuing increase in violent crime rates, Mayor Keller scrambled to implement 4 major crime fighting programs to reduce violent crime:

1. The Shield Unit

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office. The unit originally consisted of 3 para legals. It was announced that it is was expanded to 12 under the 2019-2020 city budget that took effect July 1, 2019.

https://www.abqjournal.com/1325167/apd-expands-unit-that-preps-cases-for-prosecution.html

2. Declaring Violent Crime “Public Health” issue

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque. Mayor Keller and APD argue that gun violence is a “public health issue” because gun violence incidents have lasting adverse effects on children and others in the community that leads to further problems.

3. The “Violence Intervention Plan” (VIP program)

On November 22, Mayor Tim Keller announced what he called a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP). The VIP initiative was in response to the city’s recent murders resulting in the city tying the all-time record of homicides at 72 in one year. Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime. According to Keller vulnerable communities and law enforcement will be working together and building trust has proven results for public safety. Mayor Keller stated:

“… This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. …”

4. The Metro 15 Operation program.

On Tuesday, November 26, Mayor Tim Keller held a press conference to announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. At the time of the press conference, the city’s homicide count was at 72, matching the city’s record in 2017.

Before 2017, the last time the City had the highest number of homicides in one year was in 1996 with 70 murders that year. Keller dubbed the new program “Metro 15 Operation” and is part of the Violence Intervention Program (VIP) program. According to Keller and then APD Chief Michael Geier the new program would target the top 15 most violent offenders in Albuquerque. It’s the city’s version of the FBI’s 10 most wanted list.

Links to news coverage are here:

https://www.abqjournal.com/1394576/city-launches-violence-intervention-program.html

https://www.kob.com/albuquerque-news/mayor-keller-touts-new-plan-to-tackle-violent-crime/5561150/?cat=500

CONCLUSION

During the first year Mayor Tim Keller was in office, he was confronted with a crisis where APD failed to gather and tag evidence of a 9 year old’s bloody underwear in a child abuse case. Initially, Keller defended the department and then back off after more than a few public out cry’s including the Albuquerque Journal. Keller acknowledged the mistake and said at the time his administration would acknowledge mistakes and take corrective action and would be transparent and take responsibility for mistakes made.

During the last 3 years under Mayor Tim Keller’s leadership, things have only gotten worse in the city as has Keller’s failure to be candid with the public. The sweeping and dynamic change that Keller was perceived to represent in 2017 never materialized. APD continues to implode, violent crime is still out of control and with a pandemic. Based on the city’s high violent crime and murder rates, APD is failing in its primary mission of combating crime and keeping the city safe.