“Homeless encampments refer to two or more people experiencing homelessness who are living outside, rather than in an emergency shelter. Most homeless encampments are prohibited by local ordinances that do not allow camping and sleeping in public places and zoning laws that bar camping and accessory dwellings.

People living in these unsanctioned homeless encampments live in persistent fear of “sweeps”: clean-up actions by local authorities where encampment residents may lose the few valuables and possessions they have. Nevertheless, due to an acute shortage of affordable housing and even a lack of emergency shelters, homeless encampments not only exist but are also increasing in many cities.”

Link to quoted source material is here:

https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1006&context=hrap

Homeless encampments are increasing around the U.S. in one form or another including permanent structures and allowing tents. In New Mexico, Las Cruces, has embraced the model with its Camp Hope. The efforts allow homeless encampments have now come to Albuquerque.

GIBSON-O’MALLEY PROPOSE “HOMELESS ENCAMPMENTS”

On May 5, it was reported that Albuquerque City Councilor Diane Gibson and Bernalillo County Commissioner Debbie O’Malley want the city and the county to establish “homeless encampments”. They argue the encampments would be a better alternative for those who might now be sleeping on sidewalks, in doorways, arroyos or other places unfit for human habitation. Such camps, also called “safe outdoor spaces” would be managed sites with tents or low-cost structures where people without homes can sleep and access bathrooms and showers. City and County law enforcement and code enforcement would not have any authority to cite or break up the camping on the designate areas.

The link to quoted source materials is here:

https://www.abqjournal.com/2387588/local-officials-urging-sanctioned-encampments.html

https://www.abqjournal.com/2389681/tent-cities-may-cause.html

County Commissioner O’Malley acknowledged that encampments are no ideal living situation but said the camps would offer a level of “safety, consistency and sanitation” that can help residents obtain other resources and achieve stability. O’Malley had this to say:

“I think the big thing is it really addresses the need of folks who don’t want to be in a shelter.”

Albuquerque City Councilor Diane Gibson for her part said she has thought about encampments since she and O’Malley began working on what is now the community’s first Tiny Home Village. The village in the South East part of the city and is a 30-unit transitional housing development featuring 120-square-foot structures with only beds, desks and porches. Sanctioned encampments would provide a similar environment but at a much lower capital investment than the nearly $5 million for Tiny Home Village.

Both O’Malley and Gibson said the homeless encampments could provide more than just tents. There are other options such as 64-square-foot aluminum structures designed specifically to house people who are homeless. The units have lockable doors and windows and are designed to accommodate electricity, heating and air conditioning. Prices start at $4,900 apiece.

HOMELESS COORDINATING COUNCIL WEIGHS IN

The Homeless Coordinating Council includes leaders from the City, Bernalillo County and the University of New Mexico. The Council embraces encampments as a “high-impact strategy” for addressing homelessness. According to a spokeswoman for the city’s Family and Community Services Department, it is exploring the idea of encampments and researching best practices to deal with safety, security and sanitation.

Family and Community Services Department Director Carol Pierce said there is some local enthusiasm around the homeless encampment model with some conversations happening with potential partners in the local faith-based community.

The city’s upcoming 2021 bond program package that will be on the November 2 ballot for voter approval includes $500,000 for encampments.

NO OVERWHELMING ENTHUSIASM

The Rock at Noon Day is an Albuquerque day shelter for people who are homeless. Noon Day Executive Director Danny Whatley is no fan of government sanctioned homeless encampments as a solution. However, Whatley concedes that outdoor camps may now be a “necessary evil” given the circumstances.
Whatley fears a new surge of homelessness when current pandemic eviction moratoriums expire and federal government funding and grants are gone. According to Whatley:

“Could a sanctioned tent city assist that number and help some folks? Yeah, it probably could. … Unfortunately, that’s the world we live in now, trying to find a safe, secure place or site for folks to live in a tent.”

Steve Berg, the Vice President of Programs and Policy for the National Alliance to End Homelessness, said his organization does not have an official stance on sanctioned encampments, only that they be implemented the right way.

According to Berg:

“Success always [depends] on whether there’s a clear and actual plan to get people out of that space and into housing as quickly as possible. … “If you don’t have that, you’re not going to get what you want out of it.”

The link to quoted source materials is here:

https://www.abqjournal.com/2387588/local-officials-urging-sanctioned-encampments.html

FEAR OF LITIGATION

“Fear of legal challenges influences how cities approach closing encampments. Local jurisdictions want to avoid being taken to court over due process and cruel and unusual punishment challenges, according to … research on encampments. This concern is likely to grow following the September 2018 ruling of the Ninth Circuit Court of Appeals in Martin v. City of Boise.

Courts have found that depriving homeless people of the rights to perform survival activities in public spaces when no alternatives are available violates the 1st, 4th, 5th, 8th, and 14th Amendments to the Constitution. In Martin v. City of Boise, the court held that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property.” Some legal challenges have resulted in settlements, which generally call for minimum notice before clearance of encampments, requirements for storage of personal belongings, and compensation for people who are swept from encampments and attorney fees.

In January 2018, advocates brought a lawsuit against officials in Orange County, California, following the clearance of a massive encampment along the Santa Ana riverbed. As of October 2018, elements of a preliminary settlement agreement were more expansive and included a commitment to provide proactive outreach and engagement, as well as referrals to services, before evicting people from encampments; development of “standards of care” by the county for homelessness services programs; drawdown of funds already available to support “programs, services, and activities” for people experiencing homelessness; adoption of due process protections; establishment of a method for formally addressing requests for accommodations under the Americans with Disabilities Act; and referrals to collaborative courts2 to handle citations.”

The link to quoted source is here:

https://www.huduser.gov/portal/sites/default/files/pdf/Understanding-Encampments.pdf

POINT IN TIME COUNT

Each year, the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night, and to learn more about their specific needs. The PIT survey is conducted on only one night to determine how many people experience homelessness and to learn more about their specific needs. The PIT count is done in communities across the country in both urban and rural areas, and counting both sheltered and unsheltered homeless people.

On January 8,2020, the U.S. Department of Housing and Urban Development (HUD) report released the annual Homeless Assessment Report to Congress containing the statistics for Albuquerque and New Mexico.

The link to the report is here:

https://www.hudexchange.info/resource/5948/2019-ahar-part-1-pit-estimates-of-homelessness-in-the-us/

NEW MEXICO “POINT IN TIME” HOMELESS COUNT

According to the PIT, New Mexico had the nation’s largest percentage increase in homelessness from 2018 to 2019 in the nation with an increase of 27%. New Mexico also had a 57.6% increase in chronic homelessness last year, also the highest in the nation. The percentage increase in Albuquerque’s homeless population alone rose by 15%. In New Mexico there were 2,464 homeless people in 2019 and of that total, 1,283 persons, or about 52%, were chronically homeless.

ALBUQUERQUE “POINT IN TIME” HOMELESS COUNT

The New Mexico Coalition to End Homelessness was contracted by the City of Albuquerque to conduct the annual PIT count. The Coalition puts the number of homeless people in Albuquerque at 1,524 sheltered and unsheltered individuals. This 1,524 is 206 more than were counted in 2017 when 1,318 homeless people were counted in the city limits.

The city’s pre-pandemic estimates were that about 5,000 households experience homelessness at some point in a given year. Albuquerque has seen an alarming rise in “unsheltered homelessness,” which accounted for 37% of all those identified as homeless in an official 2019 count, up from 14% in 2015.

CITY’S NUMBER OF HOMELESS HIGHER

Under the PIT count, only homeless people who stay in shelters are counted in even-numbered years. Both sheltered and unsheltered homeless people are counted in odd-numbered years. Only those homeless people who can be located are counted, either sheltered or unsheltered, as well as only those who agree to participate in the survey. A 100% accuracy number cannot be determined, only an overall estimate.

The nonprofit Rock At Noon Day offers meals and other services to the homeless. Noon Day Executive Director Danny Whatley believes that based on Noon Day observations, the number of homeless people in Albuquerque is likely between 4,000 and 4,500. What is alarming is that according to Whatley, the fastest-growing segments are senior citizens and millennials defined ad ages 23 to 38 in 2019.

Government agencies and nonprofits report that the city’s homeless numbers are greater than the 1,524 found by the PIT and the number of homeless in Albuquerque approaches 4,500 in any given year.

Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students. APS spokeswoman Monica Armenta stated the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently ranged from 3,200 to 3,500.

Johanna King another APS spokesperson said the number includes people who live in motels or who are doubled up with family or friends. APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The APS school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

The centralized citywide system known as the Coordinated Entry System that the city uses to track the homeless and fill supportive housing openings reports that approximately 5,000 households experienced homelessness last year.

Links to news stories can be found here:

https://www.abqjournal.com/1408348/nms-rise-in-homelessness-tops-nation-hud-reports-27-increase-in-one-year.html

https://www.abqjournal.com/1355819/annual-count-shows-citys-homeless-numbers-up.html

MULTI-SITE APPROACH

It was on Wednesday, May 7, 2020, Mayor Tim Keller said that the city was abandoning the development concept of a single, 300-bed homeless shelter known as the Gateway Center. The city owned shelter was intended to assist an estimated 300 homeless residents and connect them to other services intended to help secure permanent housing. The new facility would have served all populations of men, women, and families. Further, the city wanted to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

In his May 7 announcement, Keller said the city would be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”.

The link to the Keller press conference is here:

https://www.facebook.com/MayorKeller/videos/290814465247439/UzpfSTEwNTQ4MTY4OTY6MTAyMjAwNDA5NDYxMDgwMTQ/

When the city abandoned plans to build one large homeless shelter, city officials said the new multi-site approach could mean a series of “smaller facilities” throughout the community. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center.

City officials have also said the tentative strategy includes 100 to 175 standard emergency shelter beds that could be defined as a smaller shelters to accommodate men, women, children and families, plus 25 to 50 medical recovery beds. Critics are saying 150-175 bed facilities are is way too big.

LOVELACE HOSPITAL ON GIBSON COMPLEX TO BECOME GATWWAY CENTER

On February 18, 2021 the Keller Administration purchased the Lovelace hospital on Gibson Boulevard in Southeast Albuquerque for $15 million. The facility is a massive 529,000-square-foot building with upwards of 50% of it is said to be vacant. The city intends to convert the medical center into a Gateway Center which will add health resources for the city along with services for the unhoused, including centrally located shelter beds and supports to connect people with housing.

On Tuesday, April 6, Mayor Tim Keller held a press conference in front of the Gibson Medical Center to officially announce the city bought massive complex and will transform it into a Gateway Center for the homeless. In making the announcement, Keller had this to say:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people.
… .

So we’re going to work with our partners, so the Healthcare for the Homeless, HopeWorks, Heading Home and others, Barrett House, and also a lot of the faith based community.”

On Tuesday, April 13, the Bernalillo County Commission voted to approve $1 million to the purchase and renovate the medical center for the Gateway Center.

CITY OF ALBUQUERQUE SERVICES PROVIDED TO THE HOMELESS

The Family and Community Service Division of the City of Albuquerque is the city department that provides services to the city’s homeless. The services include prevention, outreach, shelter and housing programs and supportive services. The adjusted approved fiscal 2020-2021 General Fund budget for the Department is $56.3 million. The Department employs 296 full time employees.

According to the Family and Community Service Division approved FY 21 budget, city homeless programs and Initiatives provided 4,662 people with emergency shelter through City-funded services. An average of 286 people slept each night at the Westside Emergency Housing Center (WEHC), including solo adults and families.

The link to the entire city 2020-2021 approved city budget is here and you can find the Family and Community Service budget on pages 167 to 180.

https://www.cabq.gov/dfa/documents/fy21-adjusted-approved-numbered-w-hyperlinks-final.pdf

The City, along with community partners and charitable organizations addresses the system of care for the homeless. The City, in collaboration with community partners has:

Coordinated street outreach to people living in public spaces.

Converted the Westside Emergency Housing Center to a year-round shelter, doubling the number of year-round shelter beds available.

Increased annual investment in supportive housing by 44% since FY18.

Invested $10 million in the Workforce Housing Trust Fund to create new, high quality housing for lower and moderate-income Albuquerque residents.

Launched a new $21.4 million emergency rental assistance program to keep people housed who are in danger of being evicted.

According to the department’s budget, city homeless programs and initiatives provided 4,662 people with emergency shelter through City-funded services. An average of 286 people slept each night at the Westside Emergency Housing Center (WEHC), including solo adults and families. (City 2021 approved budget, Page 171) The budget contains line-item listings for contract services that go directly to help the homeless as follows:

Emergency Shelter Contracts: $5,688,094.
Homeless Support Services: $3,384,212.
Mental Health Contracts: $4,329,452
Substance Abuse Contract: $2,586,302

TOTAL: $15,9888,060

The approved FY 21 Family and Community Service Division also provides Affordable Housing and Community Development Contracts totaling $22,531,752.

EDITORS NOTE: A line-item listing of the contracts for Emergency Shelter contracts, Homeless Support Services, Mental Health Contracts and Substance abuse can be found in the postscript to this blog article.

BERNALILLO COUNTY SERVICES PROVIDED TO THE HOMELESS

Over 7 years ago, on February 26, 2015, the Bernalillo County Commission approved a 1/8% gross receipts tax increase on a 3-2 vote to fund new behavioral and mental health services to improve access to mental and behavioral health care services in the county. The tax generates approximately $20 million annually.

The intent for the tax is to invest the funding “in proven ways to better manage the high cost of addiction, homelessness and mental health problems”. According to a county commission announcement, “these issues impact families throughout the community and drive up the cost of public services, especially at the Metropolitan Detention Center.” The gross receipts tax costs shoppers one cent on a $10 purchase of goods and services.

The 1/8th% gross receipts tax was enacted to be used for the purpose of providing more mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area. The intent is to provide a safety net system for those in need of mental health not otherwise funded in New Mexico.

https://www.bernco.gov/uploads/files/BH%20news%20release%20PDF.pdf

On Oct. 15, 2019 he Bernalillo County Commissioners (BCC) voted and approved funding of up to $10 Million out of the behavioral health tax. County officials said that a total of 47 providers ultimately submitted proposals. The county is funding 11 of the private providers at varying amounts.

The expansion of behavioral health services, while also incentivize the providers to create sustainable, effective linkages between service providers and the people they serve, will improve patients’ access to preventative and chronic care services. The creation of these linkages can help develop and support partnerships between organizations that share a common goal of improving the health of the people and the community in which they live. The expansion will also promote improved outcomes for persons living with a behavioral health diagnosis, a more knowledgeable public, and increased referrals to appropriate services.”

Links to the county news release and news report are here:

https://www.bernco.gov/county-manager/news.aspx?

COMMENTARY AND ANALYSIS

Buried in the Family and Community Service Division Budget are these nuggets of information that need to be highlighted:

“According to the department’s budget, city homeless programs and Initiatives provided 4,662 people with emergency shelter through City-funded services. An average of 286 people slept each night at the Westside Emergency Housing Center (WEHC), including solo adults and families.”

Those number actually approach the number of homeless in Albuquerque found by the Point In Time Survey. Notwithstanding, Albuquerque’s homeless population continues to increase.

There is no doubt that Bernalillo County Commissioner Debbie O’Malley and Albuquerque City Councilor Diane Gibson have good intentions and should be thanked for their willingness to take on the homeless crisis in the City. However, their enthusiasm for a homeless encampment needs to be abandoned in that their idea is so very wrong on so many levels.

FIRST: The idea of a government sanctioned homeless encampment, defeats the purpose of what the city and county are already doing. Ostensibly Gibson and O’Malley do not think the city is moving fast enough. The city is making progress with the Gateway Center and the multi-site approach. According to the city, the Gateway Center at the Gibson Lovelace facility will provide 150-175 shelter beds plus 25-50 slots to help people “recover from acute illness and injury [with] a physically and emotionally safe place that will help connect people to housing [and] a compassionate solution to supporting those who are unhoused.”

SECOND: Mayor Tim Keller walked into a neighborhood buzz saw of opposition of his own making when he announced the purchase of the Gibson Medical Center for a Gateway Center without getting input from the surrounding neighborhoods. Hostility and protest erupted from the surrounding neighborhoods. It was reminiscent of what Gibson and O’Malley went through when they advocated the Tiny Homes development in the South East Heights where 120 square foot 30 “tiny home” structures were built. Upwards of 150 to 200 hostile residents showed up at public input forums to oppose the Tiny Homes Project. There is no doubt that the hostility created with the Lovelace Medical Center will be child’s play compared to the hostility that will be generated by a government sanction homeless encampment or tent city. No neighborhood will ever accept a large scale “tent city” for the homeless.

THIRD: The issues of who would manage a homeless tent encampment, who would provide security to deal with illicit drugs and violent crime and who would clean and maintain it all are very difficult questions not easily answered. Then there is the issue of liability and negligent maintenance by the city or county.

ANOTHER OPPORTUNISTIC PIECE OF WORK BY CITY COUNILOR PAT DAVIS

On May 13, it was reported that Albuquerque City Councilor Pat Davis is coming to the rescue of his constituents with a proposal to change the Integrated Development Ordinance (IDO). The IDO currently imposes no bed limits for shelters such as the GATE Way project.

The change would establish new restrictions for overnight shelter beds based on underlying zoning. It would set a cap of 30 beds in mixed-use zones, such as where the Gateway Center at the old Lovelace hospital is situated. The complex is located in Pat Davis’ City Council District.

The changes to the city ordinance which would create new limits on the overnight capacity at homeless shelters in Albuquerque. The highest limit anywhere in the city would be 100 overnight shelter beds in manufacturing zones and business parks. The city ordinance which would also create new limits on the overnight capacity at homeless shelters in Albuquerque. Davis wants to a set a cap of 30 beds in mixed-use zones, such as where the Gibson center is located.

According to Pat Davis, his proposed 30 bed cap would not stop the city from creating a multi-faceted services center with a shelter component. Davis claims his proposal is intended as a fail-safe to prevent the city from “warehousing” a large number of people there, or anywhere else.

As it stands now, the city must seek a “conditional use” approval for shelter services at the Lovelace-Gibson site, and Davis claims that it could get a larger bed allotment by demonstrating that it has an array of services beyond shelter beds. Davis had this to say:

“If they’re just going to operate [the Lovelace Medical complex] as a shelter, they’re stuck with these numbers [if the amendment is approved] If they want to do conditional use that would raise those numbers, they’d have to come up with a reason or justification to do that.”

The city’s Family and Community Services director Carol Pierce, , said she was surprised by Davis’ proposal. Pierce thinks that 30 beds is too low, not just for the city’s operations, but also for other service providers. She said there are larger shelters already operating successfully around Albuquerque. She said that Albuquerque is about 500 shelter beds short of meeting its need. According to Pierce:

“Homelessness doesn’t have a cap on it. … We’re trying to build this whole system of care to really address the needs in our community. … I would be very concerned if this were put into play.”

Davis said he intends to introduce his proposal as a floor amendment during the council’s vote on the annual IDO update, likely in June.

https://www.abqjournal.com/2390438/councilor-proposes-new-limits-on-shelter-beds.html

COMMNETARY

City Councilor Pat Davis has always been a real piece of work absorbed with own self-promotion and seeking higher office. Davis has been on the City Council for 6 years now, and Land Use Planning and Zoning issues have never been his forte nor interested him until now. When Mayor Keller ran into a buzz saw of opposition when he announced the purchase of the Gibson Medical Center for a Gateway Center, Pat Davis saw opportunity to please his constituents, try and stop the project, even though he has been aware the project for some time and never objected to it.

The Pat Davis amendment to the IDO should be rejected out right by the city council on a 1-8 NO vote.

MORAL OBLIGATION

Charitable organizations such as Joy Junction, St. Martins HopeWorks project, Steelbridge, The Rock at Noon Day and Albuquerque Healthcare for the Homeless provide services to the homeless, and do so by being where the homeless can be found and where the homeless can seek out, reach and have easy access to services.

All too often, we tend to forget our humanity, our political philosophy and our religious faith and beliefs of hope and charity, and condemn the homeless for what we think they represent or who we think they are. We condemn the homeless whenever they interfere with our lives at whatever level, such as pandering for money, begging for food, acting emotionally unstable, sleeping in doorways and defecating in public, and, yes, when we stand downwind from them and smell what living on the streets results in personal hygiene.

We all too easily forget the homeless are human beings who usually have lost all hope, all respect for themselves and are imprisoned for life in their own minds, condemned to fight their demons every hour, minute and second of their life until the very day they die. One thing that must never be forgotten is the homeless have human rights to live as they choose, how they or even where to sleep at night.

The homeless cannot be forced to do anything against their own free will or change their life unless they want to do it themselves. The homeless should not and cannot be arrested and housed like criminals nor animals. Many homeless do not want to be reintroduced into society, and many have committed no crimes and they want to simply be left alone.

The homeless who suffer from mental illness cannot be forced or be required to do anything for their own benefit without due process of law. Too often, the homeless are the victims of crimes, even being bludgeoned to death for fun as Albuquerque saw a few years ago when three teenagers killed two Native Americans sleeping in a vacant lot on a discarded mattress.

We as a city have a moral obligation to make every effort and make available to the homeless services they desperately need. However, providing areas for tent encampments would be a major mistake and will exasperate the very crisis we are attempting to solve.

CONCLUSION

The city continues to have a sharp increase in homelessness. Around 1,500 are homeless any night in the metro area. The city and the country for that reason are spending millions a year in addressing the homeless crisis. It is the actual services that are being provided to the homeless that are critical to solving the homeless crisis, not simply a safe place to sleep at night.

A homeless encampment will defeat all the progress already being made. Government sanctioned homeless encampments will only encourage those who seek such encampments to continue with their lifestyle living on the streets. Providing a place to pitch a tent and sleep at night is not the answer to the homeless crisis. The answers are the support services provided to deal with the homeless.

__________________________

POSTSCRIPT

Following is the line item break down on contracts issued for support services provided to the city’s homeless:

EMERGENCY SHELTER CONTRACTS (Total $5,688,094.)

The approved F/Y 21 Family and Community Service Division budget contains a line item listing of 19 emergency shelter for the homeless contracts totaling $5,688,094.

Albuquerque Healthcare for the Homeless Motel vouchers for homeless persons: $6,180.
HopeWorks Motel Vouchers for Homeless: $50,000
Barrett Foundation Shelter for women/children: $30,256
WHEC Emergency shelter for people experiencing homelessness: $2,400,753
WHEC Various vendors to operate WHEC: $1,257,998
S.A.F.E. House Domestic violence shelter: $234,000
HopeWorks Displaced tenant services: $40,000
Emergency Shelter Contracts: $75,200
Heading Home Emergency shelter for men experiencing Homelessness: $39,000
WHEC Various vendors to operate WHEC: $ 417,558
S.A.F.E. House Domestic violence shelter: $201,000
HopeWorks Day shelter services for people experiencing homelessness: $142,000
Good Shepherd Emergency Shelter Services: $63,000
Albuquerque Healthcare for the Homeless Motel Vouchers for Homeless: $95,391
Barrett Foundation Motel Vouchers for Homeless: $17,011
First Nations Community Health Source Motel Vouchers for Homeless: $56,684
Barrett Foundation Shelter for women/children: $44,690
AOC Emergency shelter for men experiencing Homelessness: $229,990
WHEC Emergency shelter for people experiencing Homelessness: $285,383

AFFORDABLE HOUSING AND COMMUNITY CONTRACTS (TOTAL $22,531,752)

The F/Y 21 Family and Community Service Division city budget contains line-item funding for Affordable Housing and Community Contracts, including 30 contracts to private and charitable organization to provide housing assistance for the homeless , adults and children, and including rental assistance allocations. Affordable housing programs provide approximately 9,500 assisted housing units with approximately 3,500 of those being households with extremely low incomes.

Those contracts include the following and amounts:

Albuquerque Healthcare for the Homeless for housing assistance for homeless persons: $740,018 Barrett Foundation Housing for assistance for homeless persons: $160,782
Catholic Charities Housing assistance for homeless persons: $ 309,374
Kids Housing assistance for homeless families: $217,004
House Housing assistance for victims of domestic violence: $408,593
Hope Works Housing assistance for homeless persons: $664,686
Barrett Foundation Housing assistance for homeless women: $25,000
Supportive Housing Coalition Permanent housing for chronically homeless: $1,715,350
Supportive Housing Coalition Permanent housing for homeless families: $100,000
Barrett Foundation Permanent housing for women w/children: $107,446
City of Albuquerque -Office of Civil Rights Fair Housing: :10,000
Legal Aid Landlord-Tenant hotline: $75,000
Supportive Housing Coalition Permanent housing for chronically homeless; Housing First model: $270,299
Supportive Housing Coalition Permanent housing for homeless families: $175,000
Barrett Foundation Housing assistance for homeless women: $25,000
Supportive Housing Coalition Permanent housing for chronically homeless; Housing First model: $1,715,350
Supportive Housing Coalition Permanent housing for homeless families: $100,000
Barrett Foundation Permanent housing for women w/children $107,446
Affordable Housing Development/Redevelopment – Rental/Homeownership $1,900,000
Affordable Housing Development/Homeownership Cibola Loop $2,500,000
Affordable Housing Development: $322,199
Albuquerque Housing Authority Tenant Based Rental Assistance: $836,330
Albuquerque Housing Authority Tenant Based Rental Assistance: $288,691
Enlace Communitario Tenant Based Rental Assistance: $414,550
Enlace Communitario Tenant Based Rental Assistance: $125,000
HopeWorks Tenant Based Rental Assistance: $374,656
HopeWorks Tenant Based Rental Assistance 116,000 HOME AH Greater Albuquerque Housing Partnership Operating: $ 48,111
Sawmill Community Land Trust CHDO Operating: $48,111
Affordable Housing Development/Redevelopment – Rental /Homeownership: $5,718,127
TBD Foreclosure Prevention: $50,000
Property Tax Education: $15,000
Albuquerque Healthcare for the Homeless Housing assistance for homeless persons: $740,018
Barrett Foundation Housing assistance for homeless persons: $160,782
Catholic Charities Housing assistance for homeless persons: $309,374
Kids Housing assistance for homeless families: $217,004 COC
House Housing assistance for victims of domestic violence $408,593
HopeWorks Housing assistance for homeless persons: $664,686
HopeWorks Housing assistance for homeless persons: $134,436 COC
Housing assistance for homeless persons: $446,163

HOMELESS SUPPORT SERVICES: (Total: $3,384,212.)

The approved F/Y 21 Family and Community Service Division budget contains a listing of 27 emergency shelter contracts totaling $3,384,212 for Homeless Support Services. Those contracts and amounts are as follows:

NM Coalition to End Homelessness: $108,654
NM Coalition to End Homelessness ( Coordination) : $15,000
Albuquerque Healthcare for the Homeless Dental Services for people experiencing homelessness: $229,760
Albuquerque Health Care for the Homeless Dental Services for people experiencing homelessness: $67,400.
Albuquerque Health Care for the Homeless Support services for persons experiencing homelessness or are precariously housed, behavioral health issues and history of incarceration (City/County Joint Jail Re-entry project): $125,000
Albuquerque Health Care for the Homeless Art therapy for people experiencing homelessness: $38,760 HopeWorks Provide Housing, Case Management, and Counseling to Chronically Homeless and precariously housed persons with BH Diagnosis: $235,250
APS-Albuquerque Public Schools APS Title I Services for Children Experiencing Homelessness: $80,000 Barrett Foundation Supportive Services: $25,000
HopeWorks Supportive Services: $360,000
Kids Supportive Housing and Case Management: $80,500
Heading Home Supportive Services: $ 230,000
Heading Home Supportive Services for ABQ Heading Home: $195,000
Heading Home ABQ Heading Home Coordination: $110,000
Bernalillo County Transition coordinator and operations of City/County jail re-entry program: $79,310
NM Coalition to End Homelessness (Coordination): $31,100
NM Coalition to End Homelessness (Coordination) : $25,000
HopeWorks Meals for people experiencing or near homelessness: $58,440
HopeWorks Wells Park and Barelas cleanup: $60,000
Steelbridge There’s a better way van: $156,473
Supportive Housing Coalition Support services for persons experiencing homelessness or are precariously housed, behavioral health issues and history of incarceration (City/County Joint Jail Re-entry project): $298,000
Tender Love Community Center Job development women experiencing Homelessness and precariously housed situations: $45,560
New Mexico Veterans Integration Center Community Support Shuttle: $120,000
Crossroads for Women Transitional housing and supportive social services: $154,500
HopeWorks Provide Housing, Case Management, and Counseling to Chronically Homeless and precariously housed persons with BH Diagnosis: $244,750
NM Coalition to End Homelessness Coordinated Entry System: $155,000
NM Coalition to End Homelessness (Coordination) : $35,755

MENTAL HEALTH CONTRACTS ( TOTAL $4,329,452)

The approved F/Y 21 Family and Community Service Division budget contains a listing of approved MENTAL HEALTH CONTRACTS totaling $4,329,452. Those contracts and amounts are as follows:

2nd Judicial Court Assisted Outpatient Treatment Court Proceedings and Program: $ 223,729 HopeWorks Clinical Services for Assisted Outpatient Treatment Program: $351,689
UNM Institute for Social Research Program Evaluation for Assisted Outpatient Treatment Program: $154,704
Legal Representation – Andrea Gunderson, Reynaldo Montano, and TBD Legal representation for petitioner/respondents for Assisted Outpatient Treatment Program- multiple contracts not to exceed total: $120,000
Pro Tem Judge Court Proceedings for Assisted Outpatient Treatment Program: 34,580 Technical Assistance and Training for Assisted Outpatient Treatment Program: $25,000
Legal Representation -Andrea Gunderson, Reynaldo Montano, and TBD Legal representation for petitioner/respondents for Assisted Outpatient Treatment Program- multiple contracts not to exceed tota: 60,000
Angela Nichols Re-Integration Services: $ 20,000
Assertive Community Treatment database: $75,000
Casa Fortaleza Mental health services for survivors of sexual assault: $21,550
Heading Home Outreach services for homeless mentally ill: $360,000
HopeWorks Mobile Crisis Teams – clinical services: $280,000
NM Solutions Assertive Community Treatment: $83,400
HopeWorks Outreach services for people experiencing homelessness & mental illness: $70,000
Bernalillo County Community Health Council Public Health Imitative: $307,850
HopeWorks Assertive Community Treatment: $51,600
Casa Fortaleza Mental health services for survivors of sexual assault: $70,380
Rape Crisis Center of Central New Mexico Mental health services for survivors of sexual assault: $225,070
NM Solutions Assertive Community Treatment: $559,900
HopeWorks Assertive Community Treatment: $591,700
UNM- Health Sciences Center Assertive Community Treatment: $643,300

SUBSTANCE ABUSE CONTRACTS FOR COUNSELING (TOTAL $2,586,302)

The approved F/Y 21 Family and Community Service Division budget contains a listing of approved SUBSTANCE ABUSE CONTRACTS for counseling service in the amount of $2,586,302. Those contracts and amounts are as follows:
Cathy Imburgia Program Coordinator for DOJ Opioid Grant: $50,000 DOJ
UNM Health Sciences Center Provide peers in emergency department for DOJ Opioid Grant: $36,045
Institute for Social Research Determine effectiveness of Peer to Peer Project: $ 15,000
TBD Interepretation services: $15,000
Treatment provider network database 70,000 GF PT Sheryl Philips Treatment provider: Clinical review of behavioral health services $24,990
Treatment Provider Network Voucher based substance use treatment services including meth 63,127 Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions $102,000
Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions $100,000
YDI School based substance use treatment services: $190,030
Office for Community Health Intensive Case Management for persons experiencing Substance Use Disorder $607,500
First Nations Community Health Source Youth Substance Abuse initiative: $1,960
First Nations Community Health Source Youth Substance Abuse initiative: $98,800
Treatment Provider Network Voucher based substance use treatment services including meth: $1,019,350
Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions: $50,000
Health Sciences Center Office for Community Health Intensive Case Management for persons experiencing Substance Use Disorder: $142,500

NEWS UPDATE: On May 15, it was reported that a suspect by the name Richard Kuykendall was charged with federal offenses in connection with the killing of the 3 people that he drove to Anna Kaseman Hospital. According to the complaint, Kuykendall has at least 35 arrests in New Mexico and Massachusetts. Kuykendall is being charged with being a convicted felon in possession of a firearm. The news report says Kuykendall has an apparent association with the Aryan Brotherhood prison gang and all three victims were members of that gang.

According to the criminal complaint, Kuykendall was walking in the alley and a dark-colored Chevy Malibu pulled up from behind and stopped next to him. Kuykendall tried to get in the car whereupon someone from inside the car fired several shots at Kuykendall. The complaint says Kuykendall ducked while several more shots were fired through the windshield. Kuykendall was able to get in the car and shut himself inside. A few seconds later he exited the car and walked to a nearby dumpster where the Albuquerque Police Department later found a pistol.

https://www.krqe.com/news/albuquerque-metro/man-linked-to-kaseman-hospital-triple-homicide-being-federally-charged/

It appears that the Channel 13 report has confirmed my assessment that the 3 killings were a a gang related hit job.

ORIGINAL MAY 14 BLOG ARTICLE

In the afternoon of May 12, 3 people were found fatally wounded at the Presbyterian Kaseman Hospital, near Wyoming and Constitution NE. APD police responded around 3 p.m. to multiple gunshot victims arriving to the hospital in a single vehicle. Paramedics on the scene found 3 people fatally injured, one of whom died after they attempted life saving measures.

At the time, it was not clear if the 3 people were killed at that scene or elsewhere. On the northwest side of the hospital, police wrapped crime scene tape around a car, its windows full of what appeared to be bullet holes. It turns out all 3 were killed in a violent shootout captured on security camera video.

ALARMING VIDEO CAMERA FOOTAGE RELEASED

On May 13, it was reported widely that a security camera video from a camera that faces north to the street Cutler captured the entire incident in the alley that is just north of the Peterson Properties office complex building on San Pedro. The video released by Peterson Properties shows a violent shootout that led to the 3 people fatally injured being left in a vehicle outside of Presbyterian Kaseman Hospital, near Wyoming and Constitution Northeast. The video provided to the news media by Peterson Properties, shows the incident as it happened in an alleyway behind Mario’s Pizzeria, near Cutler and San Pedro NE, which is West of Coronado Mall and a few miles from the hospital.

The video camera footage reveals that around 2:40 p.m., a man in a white shirt and jeans is seen apparently walking on the East side of the ally street ostensibly minding his own business and calmly walking across the ally to the other side of the ally road behind Mario’s Pizza and he approaches Cutler street. Suddenly, and older model 4 door sedan with tinted windows pulls up from behind the man and the man is seen between the car and a private resident’s cinder block wall. The man appears to grab the door handle to get in when gunfire instantly erupts from inside the car. The man crouches to the ground to avoid being shot as a number of bullets miss the man outside the vehicle with the bullets hitting the cinder block wall as debris flies in a puff of gray smoke in all directions.

The man ducks as the initial shots are fired, he rushes bent down to the front of the vehicle and moves to the driver side of the vehicle. As he moves to the other side of the car, more bullets erupt from inside the car windows in multiple directions. The man opens the rear driver’s side door and lunges into the car. After several seconds, the man gets out, runs down the allyway, turns around and approaches the car again. He shuts the rear door and opens the driver’s side door. The man leans into the driver’s side door for several seconds before getting in, shutting the door and driving off.

The link to the FACEBBOOK video is here.

https://www.facebook.com/petersonpropertiesllc/videos/1471079073225003

SECOND VIDEO

A different video, provided by Victor Segura, owner of CPR 2U New Mexico shows a person without a shirt running on Virginia Street. The person has multiple tattoos on his right arem, including a cross on his chest. He was holding what appears to be a white T-shirt under his arm. He also appeared to have a cell phone in his hand.

https://www.kob.com/albuquerque-news/videos-show-shooting-person-of-interest-in-triple-homicide-investigation/6107123/?cat=500

PETERSON PROPERTIES POST

In a FACEBOOK post with the video, Peterson Properties had this to say:

Over our 50 years of business in Albuquerque, crime has emerged as the #1 impediment to our community’s prosperity. As part of the battle, we’ve installed thousands of cameras on our properties. Yesterday, one captured what is suspected to be the homicide that left three bodies dropped at Kaseman hospital. We’ve shared the videos with authorities. Now, if only we could have a person with a career in law enforcement take charge, as opposed to a Harvard elite with perfect hair.

Links to related news coverage are here:

https://www.abqjournal.com/2390419/security-video-shows-triple-homicide-shooting.html

https://www.kob.com/albuquerque-news/videos-show-shooting-person-of-interest-in-triple-homicide-investigation/6107123/?cat=500

ABOUT PETERSON PROPERTIES

Peterson Properties is the largest landlord in New Mexico. It was established in 1971. The company has developed or acquired over 5 million square feet of commercial real estate totaling over a billion dollars in value. Peterson Properties currently owns a portfolio of 45 properties totaling over 1.2 million square feet. The company has one of the most respected reputations in the city. The company has hundreds of tenants who occupy their properties. Peterson Properties has decades of experience in commercial real estate in the state of New Mexico. Peterson Properties has developed properties from the ground up, as well as acquiring existing properties and making improvements.

The link to the Peterson Properties web site is here:

https://www.petersonproperties.net/

Over the many decades, Peterson Properties has always been involved with what is good for the city and has not just simply catered to City Hall interests and desires. One side note that proves this point is that the company was involved with the federal lawsuit to stop the disastrous ART Bus project down Central that has destroyed historic Route 66.

COMMENTARY AND ANALYSIS

When you look at the video, it really comes across as an apparent “hit job” that ended with the assassin’s getting themselves killed. The man is lucky to be alive given all the bullets fired at him.

The shooting has all the feel of being a gang related hit job. It is likely that if authorities find the intended target, he will be able to argue “self-defense”. He probably did more for his would be assassins by taking them to the hospital then they ever would have done for him had they shot him and left him to die.

THAT’S GOTTA HURT

“If only we could have a person with a career in law enforcement take charge, as opposed to a Harvard elite with perfect hair.”

OUCH! That’s gotta hurt and will leave a bruise. The comment from Peterson Properties was directed at Mayor Tim Keller. Mayor Tim Keller, 43, is a graduate of St. Pius X High School. He attended Notre Dame University where he graduated with a degree in Art History. He then went on to earn a Master’s of Business Administration with honors from the Harvard Business School.

Peterson Properties with its video and very short post has captured the frustration of what is going on in the City not only by elected officials but the business community and residents. Crime has emerged as the #1 impediment to our community’s prosperity. The postscript to this blog article summarizes the problem the city is faced when it comes to homicides, but there is so much more to the out-of-control crime rates. With the State and City emerging from the pandemic, it’s likely things are only going to get worse during the hot summer months leading up to the 2021 municipal election.

CHOICE BETWEEN LESSER OF TWO EVILS OR NOT VOTING AT ALL

Mayor Tim Keller and Bernalillo County Sheriff Manny Gonzales are running for mayor. Both are seeking public financing and will likely make the ballot. Frankly, with Keller and Gonzales, we are faced with voting for the lesser of two evils, or just not voting.

Mayor Tim Keller

Keller is the front runner now because of his incumbency, but as the body count mounts things are only going to get worse. His accomplishments have been less than stellar. The city’s high murder rate is rising even further. There will be more violent crime during the hot summer as people break out of quarantine as things return to normal. Keller has not come close to the change he promised in 2017. After being elected, Keller signed a tax increase after promising not to raise taxes without a public vote. Keller failed to make the sweeping changes to the Albuquerque Police Department, and his promised implementation of the DOJ reforms stalled so much that he fired his first chief. Keller has appointed Harold Medina – who has a nefarious past with the use of deadly force against two people suffering from psychotic episodes – permanent chief. Keller is not even close to reaching the 1,200 sworn police officers promised nor to community-based policing. Keller’s promise to bring down violent crime never materialized and four programs to bring down violent crime have failed. For three years, murders have hit an all-time record, with many still unsolved.

Sheriff Manny Gonzales

Gonzales brings to the table his law enforcement credentials, but that’s it. He is well-known for his opposition to civilian oversight and inability to work with other elected officials, often being at odds with the County Commission and the District Attorney’s Office. As mayor, Manny Gonzales will not listen to nor work with the City Council, let alone respect the Police Oversight Board and the Community Policing Councils. Gonzales is a throwback to the way law enforcement was many years ago before the Black Lives movement. He failed to keep up with the times by implementing constitutional policing practices within BCSO. He opposes many of the DOJ reforms. When Gonzales says, “I answer to the people who voted me into office,” he is saying he answers only to those who support him.

In all the 6 years Manny Gonzales has been Bernalillo County Sheriff, he has been conspicuously silent on just how bad the crime rates are in Bernalillo County. There is a very good reason for that silence. On April 8, the Albuquerque Journal published on its front page a story written by Journal staff reporter Matthew Reisen with the banner headline “BCSO has been silent about this year’s homicides.” It was reported that BCSO waited until the week of April 5 to report on the 2 homicides that occurred in the county and being investigated by the Bernalillo County Sheriff’s Office. Further, the BCSO waited until April to report that the December 2020 death of Francine Gonzales, 36, on the West Side was ruled a homicide after an autopsy in late March.

The link to the full report is here:

https://www.abqjournal.com/2377985/sheriffs-office-was-mum-on-2021-homicides.html

During Sheriff Gonzales 6 years in office, crime has become just as bad in the county as in the city. The Best Places to Live web site compiles data on cities and counties throughout the United States ranking them in such categories such as cost of living, job market, economy, real estate, education and health and weather. Crime is one of the most important categories. Best Places to Live ranks crime on a scale of 1, low crime, to 100, high crime.

According to the data published Bernalillo County, New Mexico, violent crime is 42.3 with the US average being 22.7.

Bernalillo County property crime is 66.5 with the US average being 35.4.

https://www.bestplaces.net/crime/county/new_mexico/bernalillo

THE CHALLENGES WE FACE

The city is facing any number of problems that are bringing it to its knees. Those problems include the coronavirus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murder rates, continuing mismanagement of the Albuquerque Police Department, failed implementation of the Department of Justice reforms after a full six years and millions spent, declining revenues and gross receipts tax, increasing homeless numbers, lack of mental health programs and little to none economic development.

The city cannot afford another mayor who makes promises and offers only eternal hope for better times that result in broken campaign promises. What is needed is a mayor who actually knows what the hell they are doing, who will make the hard decisions without an eye on the next election, not make decisions only to placate their base and please only those who voted for them. What’s needed is a healthy debate on solutions and new ideas to solve our mutual problems, a debate that can happen only with a contested election.

There is plenty of time for other candidates to run as privately financed candidates and raise private campaign donations. The commencement time for privately finance candidates to collect the 3,000 nominating petition signatures for Mayor is later and is June 8 to August 10. Privately finance candidates can collect donations at any time.

Anyone one interested in running for Mayor and who has a real love for this city and is concerned about what is happening is encouraged to contact the City Clerk’s office.

The link to the city web site for candidates is here:

https://www.cabq.gov/vote/candidate-information/2021-candidates

__________________________________

POSTSCRIPT

BODY COUNT CONTNUES TO RISE AS MURDERS GO UNSOLVED

As of May 12, 2021, there have been 49 murders. During the same time period in 2019, there had been 28 murders. With 49 homicides in the first 4 months of 2021, it’s likely the city will break another record number of homicides for a 4th year in a row.

In 2017, the last year of former Republican Mayor Berry’s Berry’s second term, 72 homicides were reported.
In 2018, the first full year of Mayor Keller’s term there were 69 homicides.
In 2019, during Mayor Keller’s second full year in office, there were 82 homicides, the highest number of homicides ever recorded in the city in one year.
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.

CITY’S HISTORICAL LOW HOMICIDE CLEARANCE RATES

Each year since 1995, the FBI has released annually its Crime In The United States Report. Following are the national clearance rates for the last 4 years:

In 2016, the national clearance rate for murder offenses was 59.4%.
In 2017, the national clearance rate for murder was 61.6%.
In 2018, the national clearance rate for murder was 62.3%.
In 2019, the national clearance rate for murder was 61.4%.

https://www.fbi.gov/services/cjis/ucr/publications

APD’S CLEARANCE RATE SUBSTATIALLY BELOW NATIONAL CLEARANCE RATE

For the past three years, Albuquerque’s homicide clearance percentage rate has been in the 50%-60% range, well below the national averages.

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, Keller’s first full year in office, the homicide clearance rate was 56%.
In 2019, the second full year of Keller’s term, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade.
In 2020, Keller’s third full year in office, the clearance rate dropped to 50%.
In 2021 the clearance rate has dropped to less than 29% thus far this year.

Further, of the 75 homicides thus far in 2020, half remain unsolved.

During an August 18. 2020 press conference, Mayor Keller was asked questions about APD’s homicide clearance rates. APD reported at the time that it was making arrests for about half of all homicides. Keller had this to say about the clearance rates:

“We know that the clearance rate is a little bit lower than it has been. It’s not out of line with the national standards … But, I will say the reason why we’re challenged is because there are so many homicides. So, the more homicides there are, the lower the clearance rate is going to be.”

Absent from his comments was any announcement of increasing the size of the homicide unit. When Keller says “We know that the clearance rate is a little bit lower. It’s not out of line with the national standards”, we also know what Keller is saying is simply false. The national clearance rate is approximately 62% while APD’s rate has plummeted from 70% to a miserable less than 29%.

COMMENTARY AND ANALYSIS

Given the sure number of homicides and the pathetic homicide clearance rate, the Homicide Investigation Unit needs to be increased from 11 detectives to at least 25 detectives. Further, given the units low clearance rate and past performance, more needs to be done with respect to recruiting and training.

APD is still in a crisis mode and it needs to concentrate on recruiting seasoned homicide detectives from other departments if necessary. At the very least, APD needs to ask for temporary assignment of personnel from other agencies such as the Bernalillo County Sheriff’s Department or the New Mexico State Police to help clear out the cases.

There is no doubt the Keller Administration will never ask for help from the Bernalillo County Sheriff’s office seeing that the Sheriff wants to be Mayor. The thing is that Manny Gonzales has been just as hapless of managing the Bernalillo County Sheriff’s Office as Keller has been managing APD.

On May 13, Democrat New Mexico State Auditor Brian Colón announced his candidacy for the office New Mexico State Attorney General ending months of speculation. The 51-year-old Democrat is the first announced candidate for the job which will be on the June, 2022 primary election ballot.

Colón is from Los Lunas, New Mexico, is married, his wife’ name is Aleli and the couple have 1 adult child, Rafael who recently graduated from college. Mr. Colón attended the University of New Mexico Law school from 1998 to 2001 earning his Juris Doctorate. He attended New Mexico State University from 1988-1998 and graduated with a Bachelor’s Degree in Business Administration majoring in Finance

State Auditor Colón is serving his first term as State Auditor having been elected to a 4 year term in 2018. He could have run for one more term as State Auditor, but has opted to run for Attorney General. Attorney General Hector Balderas is term limited and can not run for a third term. Prior to being elected Attorney General, Balderas served two terms as State Auditor. Colon will be essentially following the same path from State Auditor to Attorney General as Hector Balderas.

In making his announcement, Colón sees the office of Attorney General as the logical opportunity to “take the next step” to deal with crime in the state. As State Auditor, Colón has emphasized protecting taxpayer dollars from “waste, fraud and abuse”. Not at all surprising is that Colón said that crime will be his No. 1 priority as attorney general. He said he wants the office to take on tough cases local prosecutors shy away from, including prosecutions of bad cops or corrupt politicians. Crimes against children, sex crimes and gun crimes would also be priority. Colón had this to say:

“[New Mexico] can’t have prosperous communities until we have safe communities. … What motivates me is to fight for New Mexico’s families. … It’s what I’ve done my whole life.”

According to Colón, his motivation is rooted in his experience growing up in New Mexico and his desire to serve his community. He has often recalled during past campaigns the struggle of being poor and having to take on the role of caring for his mother and siblings when his father died at a young age.

Prior to becoming State Auditor, Colón he served as the Chairman of the Democratic Party of New Mexico. In 2010, he ran for and lost his bid for Lieutenant Governor of New Mexico and in 2017, he ran for Mayor of Albuquerque. Colón is very well known within political circles for never ending positive campaigning, his fund-raising prowess not only as a candidate for office but for the numerous charitable organizations where he is a member. Colón reported last month that he has $367.000 in cash in his campaign account. In 2017 when he ran for Mayor of Albuquerque, Colón raised well over $800,000, is expected to raise even more for a statewide race and he has a very dedicated and loyal following.

State Auditor Colón has served on upwards of 40 community and charitable organizations including:

Serving as a trustee for the Albuquerque Community Foundation
Serving as a mentor of Big Brothers Big Sisters of Central New Mexico
A member Hispanic Heritage Committee
A member of the Hispanic Philanthropic Society
United Way of Central New Mexico (President/Vice President/Member)
Member Spanish Colonial Arts Society
Member of the Southern Poverty Law Center
Member University of New Mexico Foundation Board

State Auditor Colón begins the race as the clear front runner from those Democrats who are hinting at running for Attorney General, including Democrat Bernalillo District Attorney Raul Torres, former United State Attorney for New Mexico Damon Martinez and State Senator Jacob Candelaria. Who ever wins the Democratic Primary in June, 2022 will likely become the next Attorney General. The last time New Mexico elected a Republican Attorney General was 34 years ago when Republican Hal Stratton was elected Attorney General of New Mexico and served from 1987–1990.

Early Wednesday morning, May 12th, 2021, the Albuquerque Police Department (APD) responded to a call where homicide detectives found a person dead in a West Side neighborhood, An spokesman APD spokesman said officers were called to a disturbance just after 1 a.m. in the 9500 block of Sun Dancer NW, near Unser and Paradise. When they arrived, they found “an individual who did not have a pulse.” Emergency medical personnel determined the person was dead.

In the afternoon of May 12, 3 people were found fatally wounded at the Presbyterian Kaseman Hospital, near Wyoming and Constitution NE. APD police responded around 3 p.m. to multiple gunshot victims arriving in a single vehicle. Paramedics on the scene found 3 people fatally injured, one of whom died after they attempted life saving measures. It is not clear if the 3 people were killed at that scene or elsewhere. On the northwest side of the hospital, police wrapped crime scene tape around a car, its windows full of what appeared to be bullet holes.

Links to local news coverage are here:

https://www.abqjournal.com/2389770/apd-investigating-homicide-on-west-side.html

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-investigating-homicide-at-kaseman-hospital/

https://www.koat.com/article/apd-investigating-homicide-at-kaseman-hospital/36412737

https://www.kob.com/albuquerque-news/police-3-people-found-dead-in-car-at-albuquerque-hospital/6106029/?cat=500

https://www.abqjournal.com/2389930/apd-investigating-homicide-at-kaseman-hospital.html

As of May 12, 2021, there have been 45 murders. During the same time period in 2019, there had been 28 murders. With 49 homicides in the first 4 months of 2021, it’s likely the city will break another record number of homicides for a 4th year in a row.

In 2017, 72 homicides were reported. In 2018, the first full year of Mayor Keller’s term there were 69 homicides. In 2019, during Mayor Keller’s second full year in office, there were 82 homicides, the highest number of homicides ever recorded in the city in one year. 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.

On Friday, May 7, Kyle Hartsock, the Deputy Commander of APD’s Criminal Investigative Division Kyle held a news briefing to outline what the Albuquerque Police Department (APD) is finding in terms of locations, motives, weapons and victim behavior. Hartsock outlined plans to tackle killings across the city. Hartsock previously headed the 2nd Judicial District Attorney’s Crime Strategies Unit and was hired by APD to bring “a fresh perspective into APD’s investigative processes.”

DATA RELEASED

According to Commander Hartsock, APD is attempting to get a much better understanding of what is behind the city’s increased homicide count. Commander Hartsock released the following data:

1. 18 homicides have been tied to robberies, seven to domestic violence and five to “individual disrespect.”
2. Of the 42 homicides, 28 were committed with a gun and six with a knife or blade.
3. Nine of those killed were selling drugs, 7 were in a domestic argument, 6 were homeless and 3 were buying drugs.
4. At least 10 homicides have happened at hotels, a number that is “absolutely on the rise.”
5. In half of the cases, the murders took place in the victim’s hotel room.
6. The other half of the murders took place in a third party’s hotel room.
7. Seven homicides have occurred at apartments.

Commander Hartsock said the location analysis allows police to patrol hot spots and meet with hotel owners to discuss how they can deter the violence. APD also compiles data on “victim behavior” to see if any services can be offered to higher-risk communities to curb the chance that someone might become the next victim or suspect.

INCREASING APD DETECTIVE MANPOWER AND TRAINING

It was last year on September 3, 2020 that APD announced it was increasing the Homicide Investigative Unit to keep up with the increasing number of cases. The APD Homicide unit was investigating 53 homicides at the time in 2020, which was ahead of the record-breaking pace in 2019. According to APD Spokesman Gilbert Gallegos at the time, APD was adding another sergeant to the Homicide Investigative Unit, which increased the size of the unit to 10 detectives and 2 sergeants.

Fast forward to the 2021, there are still 10 homicide detectives that are operational with upwards of 4 in training. The national standard is four to 6 new cases a year per detective.

Sgt. Rick Ingram had this to say about the homicide case loads:

“… We’re looking at each of those 10 guys with about 4 cases. … Some of them vary quite a bit, and we’re in month 5, so we expect that to go up as the year goes on.”

APD Deputy Commander Hartsock announced that APD is trying to increase the homicide unit up to 16 full time detectives but that process “doesn’t happen overnight.” Hartsock said 16 homicide detectives will spread the resources to work cases “quicker, faster and with better results.”

APD has initiated a 2-week detective academy, a first for APD, that will begin in June. The first one will be for current detectives, but other officers will have the opportunity to join. The academy will teach 40 APD officers at a time, including some current detectives. The course will cover everything from “court accepted interview techniques” and using social media to build up cases to forensic evidence collecting and report writing. The academy will also be offered to patrol officers.

According to Hartsock:

“Allowing patrol officers to also attend the training is always a benefit because they are always the first on scene. … The evidence is the freshest when they arrive, so giving them the training and the tools and the confidence to handle these things before the call-out occurs is always going to be beneficial. … All these things together… we’re really confident it’s going to improve our ability to solve these cases and solve them quicker and, hopefully, it’s going to stem the violence that we’re seeing as well. ”

VICTIM ADVOCATES

In addition to increasing the size of the homicide unit, Hartsock announced APD will be adding a full-time victim advocate to help better address the needs of grieving families. The use of victim advocates has been going on for decades in the Bernalillo County District Attorney’s Office. Hartsock said APD is also making moves to improve communication with those affected by violence and investigative abilities of those tasked with solving cases. The goal is to get more victim advocates to communicate with victims’ families. All too often detectives are unable to return phone calls or answer questions while victim advocates will be able to help.

Hartsock had this to say about the use of victim advocates:

“With the increase in homicides, it just makes the detectives really, really busy, and unfortunately they are not always able to return phone calls or answer certain questions the family might have and families deserve to have their questions answered. ”

Links to source material quoted are here:

https://www.kob.com/albuquerque-news/apd-working-to-add-more-detectives-to-homicide-unit/6100088/?cat=500

https://www.abqjournal.com/2388434/apd-details-homicide-trends-plans-to-improve-casework.html

LONG STANDING NEED FOR TWO HOMICIDE UNITS AND MORE DETECTIVES

During an October, 2019 City Council meeting, APD management said it was working on “new strategies” to ease the workload on APD sworn officers and homicide detectives. APD Commander of Criminal Investigations Joe Burke had this to say:

“I would say in the long term if I was looking at a long-term solution—I believe we need two homicide units. I think the best practices around the nation normally have two homicide units. Detectives should be balancing between three to five investigations and we’re nearly double that.’

… We absolutely need detectives in criminal investigations. … I was happy when I went over at the end of July and was briefed on the status of the unit that there’s a plan in place within the executive staff that when cadets are graduating from the academy that we’re going to get a certain percentage specifically for the criminal investigations bureau.”

CITY’S HISTORICAL LOW HOMICIDE CLEARANCE RATES

Each year since 1995, the FBI has released annually its Crime In The United States Report. Following are the national clearance rates for the last 4 years:

In 2016, the national clearance rate for murder offenses was 59.4%.
In 2017, the national clearance rate for murder was 61.6%.
In 2018, the national clearance rate for murder was 62.3%.
In 2019, the national clearance rate for murder was 61.4%.

https://www.fbi.gov/services/cjis/ucr/publications

APD’S CLEARANCE RATE SUBSTATIALLY BELOW NATIONAL CLEARANCE RATE

For the past three years, Albuquerque’s homicide clearance percentage rate has been in the 50%-60% range, well below the national averages.

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, Keller’s first full year in office, the homicide clearance rate was 56%.
In 2019, the second full year of Keller’s term, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade.
In 2020, Keller’s third full year in office, the clearance rate dropped to 50%.
In 2021 the clearance rate has dropped to less than 29% thus far this year.

Further, of the 75 homicides thus far in 2020, half remain unsolved.

During an August 18. 2020 press conference, Mayor Keller was asked questions about APD’s homicide clearance rates. APD reported at the time that it was making arrests for about half of all homicides. Keller had this to say about the clearance rates:

“We know that the clearance rate is a little bit lower than it has been. It’s not out of line with the national standards … But, I will say the reason why we’re challenged is because there are so many homicides. So, the more homicides there are, the lower the clearance rate is going to be.”

APD HOMICIDE UNIT HAS DUBIOUS HISTORY OF BOTCHED INVESTIGATIONS

The APD Homicide Unit has a dubious history of botching a number of high-profile murder investigations. The APD Homicide Unit has compiled a history of not doing complete investigations, misleading the public, feeding confessions to people with low IQs, getting investigations completely wrong and even arresting innocent people.

A listing of homicide investigations reflecting negligence include:

2005 to 2008: Robert Gonzales: A a mentally retarded young man was arrested by APD and charged with the rape and murder of an 11 year old neighbor. Weeks after the arrest DNA evidence confirmed Gonzales was not the offender. The Homicide and the Bernalillo County DA never turned this evidence over to the court and defense attorneys. Only after Gonzales spent 965 days in jail for a crime he didn’t commit and and only after he was released by the judge was the DNA evidence exposed.

2007 to 2011: Michael Lee and Travis Rowley, working as a group of salesmen, were arrested and charged with the murders and rape of an elderly Korean couple. Both Lee and Rowley had below normal IQs. Lee confessed to the murders, Rowley did not. Shortly after the arrests, DNA evidence excluded both men and confirmed that Albuquerque serial killer, Clifton Bloomfield was the offender. APD and the DA kept both men locked up for over a year before they were released.

2015 to 2016: Christopher Cruz and Donovan Maez are wrongly arrested for the murder of Jaydon Chavez Silver. They spent10 months in jail before the Bernalillo County DA reviewed the entire case sent to them by APD Homicide, finding that there was no evidence that Cruz and Maez were involved. APD Homicide is alleged to have fed witnesses information for them to repeat in interviews and threaten witnesses to provide false information.

https://www.petedinelli.com/2018/07/02/abq-report-apd-homicide-units-legacy-of-shame/

THE MOST EGREGIOUS FAILED MURDER INVESTIGATION

The most egregious negligent murder investigation was the murder investigation of 10-year-old Victoria Martens. On August 24, 2016, she was murdered, dismembered and here body was burned in a bathtub. The initial APD Homicide investigation alleged that it was Jessica Kelley that stabbed 9-year-old Victoria Martens and that Fabian Gonzales strangled her while Michelle Martens, the child’s mother, watched the murder.

Gonzales was accused of drugging, raping and killing 10-year-old Victoria. After further investigation, Bernalillo County District Attorney Raul Torrez was forced to abandon the prosecution’s theory of the case and forced to drop the rape and murder charges against Gonzales. DA Torrez then accused Gonzalez of helping his cousin dismember the body of 10-year-old Victoria Martens after the child was reportedly killed by an unidentified man who was looking for Gonzales for revenge.

It was revealed that Jessica Kelley did not murder the child. Michelle Martens falsely admitted to committing the crimes. Forensic evidence revealed she and her boyfriend Fabian Gonzales were not even in the apartment at the time of the murder, they did not participate in the murder and that there was an unidentified 4th suspect in the case who committed the murder with supposedly DNA evidence found on the child’s dead body. The unidentified 4th suspect in the case is still at large.

On November 20, 2019, it was reported that Defendant Fabian Gonzales was released from jail pending his trial. He was released to the court’s pretrial services division, which is tasked with finding an appropriate place for him to live until his trial and keep tabs on his whereabouts. According to court documents filed on May 17, 2021, the trial for Fabian Gonzales is now set to begin on January 3, 2022, and his trial is expected to last three weeks from January 3 through January 21, 2022.

https://www.abqjournal.com/1393384/fabian-gonzales-released-from-mdc.html

CHARGING AND JAILING AND INNOCENT CHILD FOR MURDER

On December 5, 2020, a 17-year-old Albuquerque High School Student Gisell Estrada was arrested and charged with a murder she played no part in. She was never arrested before and had absolutely no criminal record of arrest and conviction of any crime, misdemeanor nor felony. She spent 6 full days in jail on a case of “mistaken identity.” Estrada has been described as a “shy student who would often eat lunch in her teacher’s office” a far cry from someone who would be involved with or commit a murder.

According to news reports, an APD homicide detective asked for help identifying a murder suspect from a Facebook photo and an Albuquerque Public Schools employee cooperated. The APD homicide Detective did no follow up with witnesses to confirm the identification of the minor child nor her involvement with the murder. No contact was made with the child nor her parents.

The 17-year-old child was charged by a criminal complaint that was sealed. The sealed complaint left Estrada’s Public Defender attorney blind to the allegations against her. According to Estrada’s defense attorney, the sealed complaint and the homicide’s detectives unwillingness to share any case details, including the victims’ names, witnesses and dates, left the Public Defender’s Office no choice but to advise Estrada to not make a statement to police, but to turn herself in, which she did. According to APD, Estrada’s refusal to speak left them with no choice but to book her on the charge of murder.

On November 8, Estrada was booked into the juvenile detention center on an open count of murder, armed robbery and conspiracy charges in the July 10 slaying. The Bernalillo County District Attorney’s Office then filed a motion to detain her until trial alleging:

“The community is not safe if she is not detained. … There are no conditions of release this court can impose which will prevent her from planning another robbery or prevent someone else from dying.”

Notwithstanding the motion for detention, Estrada was released six days later after she was arrested and the charges were dismissed. Review of the motion for detention, it is clear it contains “boiler plate language” with the District Attorney’s Office failing to conform the motion to the actual facts of the case.

PRIOR EFFORTS TO TRAIN APD HOMICIDE UNIT OSTENSIBLY FAILED

On December 26, 2019, it was reported that the firm “Law Enforcement Training and Consulting Services” were retained on a three-month, sole source contract for $75,000 to train the APD homicide unit on investigations. All APD sergeants, detectives and lieutenants, who investigate and supervise violent crime investigations, were given the training.

A total of 126 APD personnel went through and completed the training and instructions provided by a former retired APD homicide detective now with “Law Enforcement Training and Consulting Services”. At the time of his retirement from APD, the former APD homicide detective had a 95% clearance rate, one of the highest in the country, and has been qualified as an expert witness in high profile cases on a national level.

Law Enforcement Training and Consulting Services reviewed the arrest warrant regarding Gisell Estrada and concluded it went against everything APD officers had been trained on. The firm stated they could provide no reason why the homicide division made such “colossal” mistakes contrary to all they had been trained and the arrest could have been prevented had the detective followed basic follow up practices to confirm identity. Instead, the detective ran with the information he had without even an attempt to verify, either out of being lazy or incompetence.

COMMENTARY AND ANALYSIS

The longer a homicide case takes to complete an investigation or is neglected because of lack of personnel, the less likely the cases will be solved and prosecuted. Adding to the crisis is the emotional toll an unsolved murder takes on the families of the victims.

Given the sure number of homicides and the pathetic homicide clearance rate, the Homicide Investigation Unit needs to be increased from 11 detectives to at least 25 detectives. Further, given the units low clearance rate and past performance, more needs to be done with respect to recruiting and training.

APD is still in a crisis mode and it needs to concentrate on recruiting seasoned homicide detectives from other departments if necessary. At the very least, APD needs to ask for temporary assignment of personnel from other agencies such as the Bernalillo County Sheriff’s Department or the New Mexico State Police to help clear out the cases.

There is no doubt the Keller Administration will never ask for help from the Bernalillo County Sheriff’s office seeing that the Sheriff wants to be Mayor. The thing is that Manny Gonzales has been just as hapless of managing the Bernalillo County Sheriff’s Office as Keller has been managing APD.

The Albuquerque Police Officers Association (APOA) launched a $70,000 political ad campaign to discredit the Department of Justice (DOJ) mandated reforms saying the police reforms are preventing officers from doing their jobs and combating crime. The Police Union political ad campaign consists of billboards around the city and testimonials on TV, radio and social media from former Albuquerque Police Department officers. The public relations campaign is urging the public to tell city leaders that crime matters more than the Police reforms mandated by the settlement.

The Police Union public relations campaign includes providing an email template for people to use and contact civic leaders. The template says APD has made progress with the reforms and says we are “tired of living in a city filled with murder, theft and violence. … I’m urging you to fight for this city, stand up to the DOJ, and help us save the city we love, before it’s too late. ”

APOA Police Union President Shaun Willoughby described the need for the public relations campaign this way to media outlets:

“You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both. We think it’s time that our city leaders hear from the public that crime matters more because it does. … They want to focus on the growing crime problem, instead of wasting millions of dollars on endless Department of Justice oversight. … This conversation of reform needs to come back to common sense. … Right now, the City of Albuquerque capitulates to everything the DOJ wants and that might not necessarily be the right direction for the City of Albuquerque. … You don’t need enemies when you have friends like the city attorney. … We believe that our community deserves better from this police department. … We believe our community deserves better from this consent decree process.”

The APOA is also using its FACEBOOK page to get the word out with one post saying:

“Are you tired of the growing crime problems facing the city of Albuquerque? Are you tired of break-ins, stolen cars, vandalism, theft and murder being part of everyday living in our community? Then do something! If you don’t speak up and get involved right now, things will get worse. Tell your City leaders that you care more about fighting crime then than wasting millions on endless Department of Justice oversight. Share and make your voices heard because crime matters more.”

KELLER ADMINISTRATION CLAIMS CONDEMNED BY UNION

On May 11, the Mayor Keller Administration issued a communication to all APD sworn police that said:

“The Mayor, Chief Administrative Officer, Chief of Police, Superintendent of Police Reform, City Attorney, and civilians who work at APD are striving to prove to the Court that APD officers can meet the requirements of the settlement agreement as quickly as possible. These efforts do not impair the City’s ability to “fight crime”.

Tell the Albuquerque Police Officer’s Association you deserve both: lower crime rates and officers who comply with the Constitution. You can have both, and if the APOA embraces these changes, we will reach these goals sooner”

Once the City’s communication was sent out, the police union quickly took to its FACEBOOK page to publish the city communication along with a condemnation of it. Below is the FACEBOOK post:

“If you have been taking part in our text to action campaign #crimemattersmore than you may have received this response from the Mayor and his team. We want to be very clear, that NO ONE has been more supportive and helpful to the reform process than the APOA over the years, in fact we have been praised in open court multiple times. This is just another example of passing the buck and blaming others for the failures of DOJ reform on our city. Text #crimemattersmore to 52886 and tell them you are tired of excuses. Fight crime now!”

FACT CHECK ON POLICE UNION CLAIMS

Soon after the entry of the CASA on November 10, 2014, the police union intervened in the lawsuit and became a third party to the case to advocate union interest in city policy. The police union has been at the negotiating table for 6 years over the use of force and deadly force policies and has sat in the court room during all the hearings. It was the police union that was a major contributing cause for a full one-year delay in writing the new policies.

It was on September 10, 2018, at a status telephone conference call held with the Federal Judge assigned the case that Federal Monitor Dr. James Ginger first told the federal judge that a group of “high-ranking APD officers” within the department were trying to thwart reform efforts.

The Federal Monitor revealed that the group of “high-ranking APD officers” were APD sergeants and lieutenants who are allowed to be in the police union. Because sergeants and lieutenants are part of the police bargaining unit they remained in their positions and could not be removed by the APD Chief. Federal Monitor Ginger referred to the group as the “counter-CASA effect.” Ginger described the group’s attitude as “certainly ambivalent” to the reform effort and the CASA.

According to the transcript of the proceeding, Dr. Ginger told the Judge:

“The ones I’m speaking of are in critical areas and that ambivalence, alone, will give rise to exactly the sort of issues that we’ve seen in the past at the training academy. … So while it’s not overt, you know, there’s nobody sabotaging computer files or that sort of thing, it’s a sort of a low-level processing, but nonetheless, it has an effect. … It’s a small group, but it’s a widespread collection of sworn personnel at sergeant’s and lieutenant’s levels with civil service protection that appear to be, based on my knowledge and experience, not completely committed to this process … It is something that is deep-seated and it’s a little harder to find a quick fix or solution to it, but I think, in the long term, by having this foundation with new leadership and a new direction from the top down, we should be able to get through this and survive it.”

The entire 53-page transcript of the conference call can be read here:

https://drive.google.com/file/d/1GzUumHhiD3Mw2_dLg_czXml_T6-3QI2w/view

The 10th Federal Monitor’s report provided specific examples where APD, after 4 years of implementing the reforms, police union members were still resisting the reform effort:

“Some members of APD continue to resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example:

• Sergeants assessed during this reporting period were “0 for 5” in some routine aspects of CASA-required field inspections;

• Collective Bargaining Agreement (CBA) disciplinary timelines, appear at times to be manipulated by supervisory, management and command levels at the area commands, letting known violations lie dormant until timelines for discipline cannot be met; and

• Spin up of “new” FRB processes will require persistent and candid review, assessment, oversight and support at the field level. “

On November 2, 2020, the Federal Court Appointed Monitor said for a 4th time in his reports that the “Counter Casa” effect was interfering with APD accomplishing the implementing the CASA reforms. According to the 12th report:

“[There] are strong under currents of Counter-CASA effects in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.

… the monitoring team often found in its reviews of management and oversight practices, a near myopathy at APD when it comes to assessing actions in the field against the requirements of APD policy and the CASA. Supervisors and command level personnel have a deleterious tendency to ignore the requirements of policy and training, and at times to even support processes to hide or circumvent internal systems designed to ensure compliance to established policy. Editor’s emphasis added.

“APD’s compliance efforts have exhibited serious shortfalls during the … reporting period. These range from critical shortfalls in management and oversight … significant and deleterious failures relating to oversight and discipline; and executive-level failures regarding oversight, command and control, discipline, supervision, and training.

Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor reports he sees actions that transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.” Editor’s emphasis added

Supervision, which includes Lieutenants and Sergeants in the union, “needs to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.” Editor’s emphasis added.
…
Most importantly, line officers [all union members] need to engage in actions as designed by policy, law, and best practice, not past customs.

APD FORWARD

APD Forward includes upwards of 20 organizations who have affiliated with each other in an effort to reform APD and implement the DOJ consent decree terms and reforms. APD Forward is one of the main stakeholders who appears during the federal court hearings on the CASA. Members of APD Forward include Albuquerque Health Care for the Homeless, American Civil Liberties, Bernalillo County Community Health Council, Coalition to Stop Violence Against Native Women, Common Cause New Mexico, Disability Rights New Mexico, Episcopal Diocese of the Rio Grande, Equality New Mexico, La Mesa Presbyterian Church, League of Women Voters of Central New, Mexico New Mexico Conference of Churches, New Mexico Criminal Defense Lawyers Association, Sierra Club Rio Grande Chapter, Street Safe New Mexico, the Transgender Resource Center of New Mexico.

https://www.petedinelli.com/2020/10/14/apd-forward-gives-city-petition-to-change-terms-of-apd-contract-needed-to-achieve-apd-reforms-opposed-by-union-mayor-keller-duped-by-union-last-time-2021-candidates-for-mayor-should-avoid-police-un/

Peter Simonson, executive director of the American Civil Liberties Union of New Mexico and a member of the advocacy group for police reforms “APD Forward” had this to say about the police unions political ad campaign:

“The only unfortunate thing is that so far the department has failed to demonstrate that it can hold officers accountable when they violate internal policies and the union bears a portion of the blame for that… . They have found ways to undermine various measures that are required under the consent decree and they have found ways to undermine accountability itself. This is just another example of that.”

COMMENTARY AND ANALYSIS

One thing is for certain, the Keller Administration did itself no favors when it sent out the communication in the first place. It will not change any minds and only aggravate the problem. It only gave the union and opportunity to once again disparage the settlement agreement. The arguments outlined by the Keller Administration are better suited for a court of law with a Motion for Contempt of Court against the union.

It is downright false for the Police Union to say:

“We want to be very clear, that NO ONE has been more supportive and helpful to the reform process than the APOA over the years, in fact we have been praised in open court multiple times.”

The truth is found in all the Federal Monitor reports. The police union membership consisting of the APD Sergeants and Lieutenants have been the biggest impediments in implementing all the Court Order reforms over the last 6 years. The only real praise in open court made of the union that can be recalled has come from the union attorneys and the police union president and not from the other parties to the case.

APD has been struggling for over 6 years with trying to implement the DOJ consent decree reforms. After six years and millions spent, APD still has a long way to go to be compliant under the settlement before the case can be dismissed. The police union and rank and file have essentially done whatever they could do, and at different times, to interfere with the reform efforts.

A major mistake the union has now made is that as a party to the lawsuit it should be taking its grievances to the Federal Court, and not the “court of public opinion” and on social media. Both the union attorneys are more than capable of filing pleadings in support or opposition of the CASA, present evidence under oath to the Judge and make argument in a court of law as to how the CASA reforms should be changed.

The biggest failure made clear in Federal Court Monitor’s 12th report filed on November 2 relates to “Operational Compliance”. Operational Compliance is defined as “managements adherence and enforcement to APD policies in the day-to-day operation of APD” . Like it or not, APD Sergeants and Lieutenants are management. APD Operational compliance is where line personnel are routinely held accountable for compliance by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and upper command staff. In other words, APD “owns” and enforces its own policies and without expecting the Federal Monitor to do it for them.

APD police sergeants and lieutenants, who are management but allowed to be part of the police union, are on the front line to enforce personnel rules and regulations, standard operating procedures, approve and review work performed and assist in implementing DOJ reforms and standard operating procedures policies. They are where the “rubber meets the road” when it comes to police reforms.

The point that has been repeatedly made by the Federal Monitor is that “until the sergeants are in harness and pulling in the same direction as the chief, things won’t get done as quickly”. In other words, without the 100% support of the sergeants and lieutenants to the CASA mandated reforms, there will be little or no progress made with police reforms.

Only until APD becomes in complete compliance will APD be able to fight crime without violating people’s civil rights and thereby allow the dismissal of the DOJ consent decree. One thing for certain is that only APD management, the police union and all APD police officers can make the consent decree actually work and have the court dismiss it sooner rather than later.

The City of Albuquerque and the Department of Justice need to file a Motion for Contempt of Court, either individually or jointly, and seek sanctions against the APOA Union for intentional interference with the Court Approved Settlement Order with its political ad campaign and social media efforts to interfere with the CASA reforms.

Two sanctions sought should be the removal of all APD Sergeants and Lieutenants from the bargaining unit and dismissing the APOA Union as a Third Party to the federal lawsuit.

Otherwise, the disruptive nonsense of the union will continue.

On March 15, 2018, over 3 years ago, newly elected Mayor Tim Keller appeared before Federal Judge Robert Brack, the first judge assigned to oversee the City’s settlement agreement with the Department of Justice (DOJ) and the Court Approved Settlement Agreement (CASA). The status conference hearing was the first ever attended by any Mayor with Tim Keller appearing along with his newly appointed Senior Public Safety Officer James B. Lewis, new “interim” Chief Michael Geier and new City Attorney Esteban Aguilar, Jr. Also attending were Deputy Chiefs Harold Medina who retired from APD as commander after serving 20 years, Rogelio Banez who was the area commander in Southwest Albuquerque, and Eric Garcia who was a Deputy Chief under APD Chief Gordon Eden

The March 15, 2018 status conference was in very sharp contrast to the previous one held in November, 2017 where Federal Judge Brack eviscerated and admonished the former Administration and the former City Attorney for secretly recording the Federal Monitor in order to show biasness and have him removed as the monitor. The hearing lasted for five (5) hours, and all the mismanagement and all of the deceit of the prior APD top management made it clear why very little progress was made with the DOJ reform process. The March 15, 2018 hearing was deemed a “reset” of the reform process with the hearing ending on an optimistic note.

What was revealed for the first time during the hearing was that newly sworn in Mayor Tim Keller had reached out in December, 2017 after being sworn in as the new Mayor and he had meetings with the parties and the federal judge. Federal Judge Robert Brack said he was so impressed with the new Keller administration’s commitment to the reform process that he decided to keep the case when he went on Senior Status.

What Mayor Keller told Judge Brack in 2018 was clear and unambiguous. Keller said he had campaigned heavily on the police reform issue and that “he owned it.” Mayor Keller made it clear he understood that he would be judged by the progress APD made in implementing the reforms, or did not make, during his term in office. Keller said he knew the stakes were high, that it could end his career as Mayor, but he emphasized that he and his management team were “fully committed to the reforms” and expressed confidence he and his APD management team were up to the task and would get the job done. Mayor Keller appointed a Chief and 3 Deputy Chiefs who had been with APD for decades and eligible to retire whenever they wanted to retire. The problem is it would be later proven that the Chief and Deputy Chiefs appointed by Keller were part of the very culture within APD who helped create, did not stop or who contributed to the “culture of aggression” when it came to use of force and deadly force.

https://www.petedinelli.com/2018/03/16/apds-new-theme-song-changes-in-attitude-changes-in-latitude/

12th FEDERAL MONITOR’S IMR REPORT

Fast forward to October 6, 2020. Federal District Court Judge James Browning took over the case when Judge Brack went on Senior Status. Browning held a hearing on the 12th Federal Monitors Report. A transcript of the October 6 hearing reveals Federal Monitor Ginger told Judge 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.”

In the 12th Federal Monitors Report filed with the Court on November 2, 2020 and covering the period of February 1, 2020 to July 31, 2020, Independent Monitor James Ginger wrote a scathing condemnation of APD’s ability to police itself and hold officers accountable when they improperly used force. Ginger found:

“[The federal monitor] identified strong under currents of Counter-CASA effects in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.” Editor’s emphasis added.

During this reporting period, the monitoring team often found in its reviews of management and oversight practices, a near myopathy at APD when it comes to assessing actions in the field against the requirements of APD policy and the CASA. Supervisors and command level personnel have a deleterious tendency to ignore the requirements of policy and training, and at times to even support processes to hide or circumvent internal systems designed to ensure compliance to established policy. Editor’s emphasis added.
…
“[There] are strong under currents of Counter-CASA effects in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.

Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor reports he see actions that transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.” Editor’s emphasis added.

Supervision, which includes Lieutenants and Sergeants in the union, “needs to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.” Editor’s emphasis added.
…

Most importantly, line officers need to engage in actions as designed by policy, law, and best practice, not past customs. Editor’s emphasis added.

13TH FEDERAL MONITOR’S COMPLIANC REPORT

On May 3, 2021 the Federal Court Appointed Monitor James Ginger filed with the Federal Court his 13th compliance report of APD. The report covers the time frame of August 2020 through January 2021. It appears that things have only gotten worse for APD over the last 6 months.

SYNOPSIS OF FINDINGS CONTAINED IN THE 13TH IMR REPORT

The Court Approved Settlement Agreement (CASA) mandates 271 police reforms that APD is still struggling to implement after 6 years and millions spent. The most recent 13th Federal Monitors report released finds that APD is deteriorating further in not achieving the mandatory compliance levels.

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed.

The 3 compliance levels can be explained as follows:

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 should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even 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.

COMPLIANCE LEVELS DETERIORATE

In the IMR-13 report, the Federal Monitor made the following findings on the 3 compliance levels:

Primary Compliance: 100%;
Secondary Compliance: 82%;
Operational Compliance: 59%.

Since the last report, IMR-12, the following changes in compliance levels are noted:

Primary Compliance: No change at 100%
Secondary Compliance: A loss of 9.9%
Operational Compliance: A loss of 7.8%

All documents related to APD’s settlement agreement can be downloaded and reviewed at this city web site link:

https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement

HIGHLIGHTS OF 13TH IMR

The 13th Federal Monitor’s report contains a number of very disturbing findings given that over 6 years has elapsed and millions spent on the reforms. To quote the IMR-13:

“At the present time, APD’s most critical tasks are two-fold. The department needs to take steps to ensure that it has effectively responded to the requirements of the CASA.

First, it needs to control the uses of force effectuated by its personnel, ensuring that each use of force is carefully assessed for compliance to approved policy and that each use of force was the minimum necessary to accomplish a legitimate policing objective.

Secondly, APD needs to actually enforce the mandates of its established disciplinary system and ensure that improper uses of force in the field are addressed through fairly applied remedial measures, e.g., counseling, retraining, enhanced supervision, and discipline.”

(IMR 13, page 1)

APD FAILS TO CONTROL “USE OF FORCE”

“Every police department uses force. APD, however, based on the monitor’s knowledge and experience, over-uses force and at times uses excessive and improper force. This finding is not new. It was the outcome of the [April 19, 2014] United States Department of Justice’s careful review of APD’s use of force, and excessive use of force, that brought the CASA to life.

Over the years, the monitoring team has made hundreds of recommendations designed to assist APD in its efforts to reform its use-of-force practices, and, in truth, APD has implemented numerous reform processes. Despite that, however, we continue to see out-of-policy uses of force at APD.”

Editor’s Note: The link to the April 19, 2014 Department of Justice investigation report where the DOJ found a pattern of excessive use of force and deadly force and a “culture of aggression” is here:

https://www.justice.gov/sites/default/files/usao-nm/legacy/2015/01/20/140410%20DOJ-APD%20Findings%20Letter.pdf

“More importantly, it continues to be apparent that APD has not had and currently does not have an appetite for taking serious approaches to control excessive or unwarranted uses of force during its police operations in the field. Command and control practices regarding the use of force continue to be weak. APD continues to lack the ability to consistently “call the ball” on questionable uses of force, and at times is unable to “see” obvious violations of policy or procedure related to its officers’ use of force.” Editor’s emphasis added.

We have consistently noted these issues in our highly detailed bi-annual monitoring reports, and each paragraph found not in compliance contains specific recommendations that APD could implement to reduce unwarranted uses of force. Unfortunately, we find the need to continually make the same recommendations, often times over and over, as APD seems either unwilling or unable to effectively assess, identify, and remediate officers who over-use force. Again, this reporting period, we have made dozens of recommendations, many of them made multiple times in the past.

After six years, while progress has been made, i.e., new policies and new training have been implemented, and the Force Review Board is demonstrating that is willing to stand for heightened scrutiny of cases of officer-use of force, there remains much to do.” (IMR-13, pages 1, 2) Editor’s emphasis added.

APD’S FAILING DICIPLINARY PROCESS

“At this point, the disciplinary system at APD routinely fails to follow its own written policy, guiding disciplinary matrices, and virtually decimates its disciplinary requirements in favor of refusals to recognize substantial policy violations, and instead, often sustaining minor related violations and ignoring more serious violations. Editor’s emphasis added.

In other cases, APD simply defies its own written guidance regarding discipline, for example implementing “discipline” well below that required by its own disciplinary matrix. Examples of these Counter-CASA processes include:

• Replacing a matrix-required 8–32-hour suspension with a written reprimand;
• Refusal to recognize repeat offenses which by policy require enhanced penalties;
• Failure to consider “aggravating circumstances” in determining appropriate discipline, but nearly always considering “mitigating circumstances”;
• A virtual shutdown of investigations in Internal Affairs Force Division, possibly delaying disciplinary action for use of force violations until discipline is “time-barred” by the union contract; an
• Charging lessor included policy violations, instead of the often more fitting more serious of the policy violations. … “

(IMR-13, page 2)

MACHINATIONS TO AVOID DISCIPLINING OFFICERS

“… APD is willing to go through almost any machination to avoid disciplining officers who violate policy or supervisors who fail to note policy violations or fail to act on them in a timely manner. We do note, however, that during the 13th reporting period, APD [Internal Affairs] had no cases in which discipline was not implemented due to the delayed investigation resulting from a near congenital inability to complete investigations in a timely manner. This, in and of itself, is a major accomplishment. Editor’s emphasis added.

However, no … cases initiated after September 8, 2020, were completed by the end of this reporting period. We also note that no Level 3 cases initiated after August 14, 2020, were completed by the end of this reporting period. We cannot project the impact untimely case completions will have on discipline moving forward. “
(IMR-13, page 3)

“We do note, however, that in Independent Monitors Report 12 (IMR-12) we made twelve recommendations for improvements to the IA functions at APD. Those twelve recommendations remain in IMR-13. This is a recurring problem with APD. The monitor includes dozens of recommendations in each monitor report. Unfortunately, in some areas of compliance, we are required to make the same recommendations over and over because APD simply fails to address these recommendations in any way and refuses to implement processes of their own designed to achieve a reduction in unwarranted use of force. … .”

CLEAR AND DELIBERATE INDIFFERENCE AND IGNORING MONITOR’S RECOMMENDATIONS

“Interestingly, we note this aversion to discipline does not seem to apply to civilian personnel, who are often subjected to maximum penalties for relatively minor violations. To the monitor, this constitutes clear evidence of deliberate indifference to the requirements of the CASA [as applied to APD sworn police personnel]. Again, during this reporting period, we provided APD with highly detailed step-by-step recommendations regarding the use of force investigations and supervision at all levels of the department, among other critical issues. Despite this advice, APD has actually lost ground in its compliance efforts as it relates to training related to and operational implementation of the requirements of the CASA.” Editor’s emphasis added.

(IMR-13, page 3)

CATASTROPHIC FAILURE IN TRAINING OVERSIGHT

“This monitor’s report can be synopsized in a single sentence. Due to a catastrophic failure in training oversight this reporting period and similar failures at the supervisory and command levels of APD, the agency suffered a 9.9%-point loss in compliance elements related to the training and supervisory functions at APD and a 7.8% loss in overall compliance …. Overall, there is an argument to be made that operational compliance rates have held relatively steady, at slightly less than 60 percent, since IMR-8, two and one-half years ago.” Editor’s emphasis added.

(IMR-13, page 4. )

The most critical issues confronted by APD in its compliance efforts this reporting period are in training, supervision, and command oversight. As frequent readers of the monitor’s reports will note, supervision and oversight are two of the most important keys to full compliance.

OVERALL STATUS ASSESSMENT

“… As of the end of the 13th reporting period, APD has experienced a drop in compliance levels in both secondary (training) and operational (actions in the field) compliance. APD achieved primary compliance in 100% of the applicable paragraphs of the CASA. Primary compliance relates mostly to development and implementation of acceptable policies (conforming to national best practices).

APD is in 82% Secondary Compliance as of this reporting period, which means that effective follow-up mechanisms have been taken to ensure that APD personnel understand the requirements of promulgated policies, e.g., training, supervising, coaching, and implementing disciplinary processes to ensure APD personnel understand the policies as promulgated and are implementing them in the field.

This Secondary Compliance figure represents a 9.9% reduction in Secondary Compliance from IMR-12 to IMR-13. Operational Compliance with the requirements of the CASA for the 13th reporting period has also fallen from 64% in IMR-12 to 59% in IMR-13. This means that 59% of the time, field personnel either perform tasks as required by the CASA or that when they fail, supervisory personnel note and correct in-field behavior that is not compliant with the requirements of the CASA.
… .

These declines in compliance levels come despite intensive and extensive and intensive “hands-on” guidance and advice from the monitoring team. The bottom line is somewhat shocking. Editor’s emphasis added.

Operational compliance levels for the 13th reporting period are lower than the compliance figures for the 9th reporting period. Obviously, operational compliance is the most important of the three compliance levels.”

(IMR -13 , Page 6)

“The monitoring team views these drops in compliance to be serious and concerning, as they reflect substantial and serious lapses in APD’s command and oversight practices designed to ensure implementation of the CASA. These data indicate that, for the second time since the inception of the CASA implementation process, APD has dropped in period-over-period compliance. Editor’s emphasis added.

The first reporting period in which APD dropped in period-over-period compliance was from IMR-11 to IMR-12. The second time APD dropped in period-over-period compliance was in IMR-12 to IMR-13. This represents a serious decline in APD’s compliance success and equals an 11.8 percent decline from IMR-11’s secondary compliance rate, and an overall decline of 10.6 percent in operational compliance in 12 months.

It is clear to the monitor that as of IMR-13, APD is in serious trouble with its ability to generate compliance with the CASA. This should sound alarms at all levels of the Albuquerque City government. It bears repeating that operational compliance rates are lower today than in the IMR-9 reporting period, two years ago.” Editor’s emphasis added.

(IMR-13, page 7)

REMEMBERING WHO WAS IN CHARGE OF APD

In order to fully understand the very significant and troubling findings contained in the 12th and the 13th Federal Monitor’s Reports, one needs to fully understand who was actually in charge of APD during the reporting periods and who needs to be held accountable for APD’s poor performance.

APD Chief Harold Medina was in charge of APD essentially the entire year as Deputy Chief and then First Assistant Chief in charge of Field Services, then as Interim Chief. It was on September 25, 2020, former APD Chief Michael Geier was terminated by Mayor Tim Keller and Keller immediately appointed First Deputy Chief Harold Medina as APD Interim Chief of APD.

On Monday, March 8, Mayor Keller appointed Harold Medina as the “new” permanent APD Chief of Police after supposedly a national search was conducted. Along with his appointment of Harold Medina as 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 reports 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.

FEDERAL MONITOR DISCLOSES TO COURT APD NEEDS AN OUTSIDER

On April 15, Judge Browning, the Judge assigned the to the DOJ case, convened a Status Conference hearing to get a progress report on the implementation of the External Force Investigation Team (EFIT). It was during this hearing that Judge Browning asked about the appointment of both a Chief of Police and a Superintendent of Police Reform. Surprisingly, the Federal Monitor disclosed to the court that he recommended to Mayor Tim Keller and his Administration that what is needed is an “outsider” as APD Chief.

Following is the exchange reflected in the court transcript:

JUDGE BROWNING:

All right. A while back, before the 12th Independent Monitor’s Report was issued you gave me a preview. And then it came true as to what your report said, and I think that’s the reason for the EFIT [External Force Investigation Team]. Do you care to give me any preview of what the 13th Independent Monitor’s Report is going to say?

FEDERAL MONITOR DR. GINGER:

It will show basically no improvement since 12 [Independent Monitor’s Report] . And we have some other serious areas of concern, most of which we’ve already addressed here. The ability of APD to police itself related to use of force is questionable at this point. There is a lot of work that remains to be done in terms of staffing, in terms of training, in terms of supervision and oversight in order to get APD to the point that it can reliably respond to those issues, find solutions for officers who are routinely out of policy on uses of force, and implement remedial mechanisms.
(PAGE 40)

JUDGE BROWNING:

In terms of the implementation and enforcement of this consent decree, did you have thoughts about the City’s decision to split its leadership between two people rather than having one person responsible for the implementation of the decree?

FEDERAL MONITOR DR. GINGER:

I did, Your Honor. But I’m a firm believer that the City needs to run its own police department. It’s not for me to run it for them. We had in-depth meetings with senior members of city administration as part of the IMR 12 process, and explained to them in no uncertain terms that in the monitoring team’s opinion they needed an external chief. Editor’s emphasis added.

Part of the issue that we’re dealing with at APD is a cultural issue. Officers are simply doing things that they’ve always done. And as everybody in this room knows, one of the toughest things to do in an organization is to change the culture. And that’s why I recommended to senior members of the City that they bring in an external chief. Editor’s emphasis added.

I’m just a monitor. I just recommend and analyze problems. So it’s certainly up to the Mayor and senior members of City Council, et cetera, et cetera, to decide who the chief of police is going to be. I’m not questioning that decision. Our advice was to bring somebody in with a very good understanding nationally of how a department should be run related to uses of force, issues of mental health, those sorts of things. That was our recommendation. They chose not to implement it. That doesn’t mean it’s wrong. The proof is in the pudding, as they say. And we’ll continue to monitor and see if this bifurcated command system works. Editor’s emphasis added.
(Page 42, 43)

COMMENTARY AND ANALYSIS

The 12th Federal Monitors Report filed with the Court on November 2, 2020 covers the period of February 1, 2020 to July 31, 2020 when Chief Michael Geier was in charge and Deputy Chief Harold Medina was in charge of APD Field Services. The 13th Federal Monitors report covers the time frame of August 1, 2020 through January 31, 2020 a time frame that Harold Media was initially First Deputy Chief and then Interim Chief.

A STUNNING ADMISSION OF IGNORANCE

On January 3rd, 2021, the Albuquerque Journal published a front-page story entitled “A Tumultuous Year At APD Comes To An End”. In an interview with the Albuquerque Journal editors Mayor Keller said he wishes he’d known earlier about the serious problems the Albuquerque Police Department was having with its reform effort and said:

“I think what we have learned is how deeply challenged some of these areas are, including self-monitoring. For us at a senior level, we were led to believe that things were much improved, and it turns out they weren’t as much.”

The link to the Journal story on APD’s progress is here:

https://www.abqjournal.com/1532419/a-tumultuous-year-at-apd-comes-to-a-close.html

Keller’s comment that he “was led to believe that things were much improved” is a stunning admission of Keller’s ignorance. The statement also reveals betrayal of him by the very APD Command staff, including the Chiefs, that he personally selected. It reveals that Keller had no idea what was and what is going on in his police department after his 3 years in office.

The blunt truth is that candidate for Mayor Keller never showed any real curiosity about how bad things were with APD when he ran for Mayor, something he has carried on now for over 3 full years. Keller did not bother to attend a single court hearing when he was running for Mayor where the Federal Monitor gave the Court an update on his reports and the consent decree. Keller pretended at forums that he was “deeply concerned” and knew what was happening and he was committed to the reform process when he really knew nothing.

What was misleading is that Keller said he knew what needed to be done with APD and the reforms and he said he was “uniquely qualified” to be Mayor. He committed to do a national search, not once, but twice, misleading the voters by giving the impression he would bring in “outsiders” to run APD and voters bought into his false campaign propaganda.

MAYOR KELLER IGNORES FEDERAL MONITOR’S RECOMMENDATION TO HIRE “OUTSIDER” AS APD CHIEF

The Federal Monitor’s comments that he recommended to the Keller Administration that APD needed an “outsider” as Chief is truly astounding because it was ostensibly totally ignored by Mayor Tim Keller and his Chief Administrative Officer Sarita Nair. APD Chief Harold Medina has been in charge of APD since September 10, 2020, first as the Interim APD Chief for six months while a national search was conducted. It was on March 8, 2021, Keller announce that he appointed Harold Medina as the new APD Chief of Police, so by the time of the April 15, 2021 status conference, Medina had been in charge of APD over 7 months.

Medina no doubt has interacted with the Federal Monitor during the seven-month time, yet the Federal Monitor had absolutely nothing to say about Medina’s job performance. The Court did not ask the Federal Monitor how he felt Chief Medina had been doing for the 7 months he has been charge of APD. The monitor did not volunteer his thoughts on Medina’s job performance nor the progress Medina had made with implementing the reforms. No doubt because no progress has been made under Medina’s leadership of APD and things have only gotten worse.

The Monitor’s recommendation that an outsider be appointed Chief cannot and should not be down played in the least given the fact that Mayor Keller proclaimed twice that he conducted a national search only to settle on Chiefs Geier and Medina. Both Chiefs had been with APD before for decades, retired and came back to be appointed Chief. Many APD reform advocates felt the national searches Keller order were a sham where Keller first appointed who he wanted to be permanent Chief as Interim Chief, announced a national search, interviewed applicants to placate the public and then announced as Chief who he wanted to appoint in the first place.

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 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 two fatal shootings of people with mental illness Medina was involved with show he possesses none of the desired traits.

Truth is, Medina is part of the problem with APD that brought the DOJ here in the first place. Medina had no business being interim Chief let alone being made permanent. Medina helped create, did not stop and he participated the “culture of aggression” and the use of deadly force that resulted in a DOJ investigation.

INTERIM SUPERINTENDENT OF POLICE REFORM WILL MAKE NO DIFFERENCE IN IMPLEMENTING REORMS

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). 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. Sylvester Stanley served as Police Chief for the Isleta Police Department from 2018 to 2021.

Stanley’s extensive law enforcement background and experience, although impressive as it is, is void of any work or dealing with federal consent decrees and void of any background in constitutional policing practices which are the center piece of the DOJ reforms. The Federal Monitors comments are worth repeating:

“Our advice was to bring somebody in with a very good understanding nationally of how a department should be run related to uses of force, issues of mental health, those sorts of things. That was our recommendation. They chose not to implement it. That doesn’t mean it’s wrong. The proof is in the pudding, as they say. And we’ll continue to monitor and see if this bifurcated command system works.” The proof in the pudding will be the success of Sylvester Stanley.

Two major shortcomings to the Stanly appointment is that he is “interim” meaning temporary and his background and experience is as traditional law enforcement as it gets. Lacking of experience with implementation of Federal Court Approved Settlement Agreements dealing with excessive use of force and deadly force cases and police interaction with mental health issues is a cause of concern. Superintendent Stanley has also been given authority over disciplining police officers for violations of the DOJ reforms. The police union has objected to Stanley having any authority to discipline asserting that the union contract gives that authority exclusively to the Chief.

An Interim Superintendent of Police Reform with little or no background in police reforms is not likely going to make any difference and will not change the APD culture of resisting the reforms. The proof in the pudding is that Superintendent Stanley will be looked upon by the police union and rank and file as the “heavy-hand enforcer” of the reforms giving Chief Medina and Mayor Keller plausible deniability. Ultimately, it’s a position that Keller and Medina will blame for the reform failures and if Interim Superintendent will be terminated sooner rather than later.

FINAL COMMMENTARY

As has been the case so many times over the past 7 years with two Mayors (Berry and Keller), 3 APD Chiefs (Eden, Geier and Medina), 3 United States Attorneys for New Mexico (Martinez, Anderson and Interim Federici) and 2 Federal Judges ( Judges Brack and Browning), APD is in no better position than it was 7 years ago. The case is no where close to being dismissed after millions spent on the reforms. The only thing that has not changed in 7 years is a Federal Court Appointed Monitor D. James Ginger making damaging findings and the City, the DOJ, APD and the Union never taken to task by the Federal Court in any meaningful way.

It is painfully obvious that Mayor Tim Keller does not know what he is doing when it comes to APD. Keller does not understand how bad APD really has became under the APD leadership he handpicked. Mayor Tim Keller should be held 100% responsible for the “catastrophic failure” to implement the DOJ mandated reforms, but his progressive base will just ignore it come voting time because there is no viable alternative to his candidacy.

Progressive Democrat Tim Keller will likely get reelected in large part because his main opponent is a conservative Democrat and Trump supporter who is currently the Bernalillo County Sheriff. Sheriff Manny Gonzales has shown total disregard and contempt for constitutional policing practices within his own department and he has been just as hapless in running the Bernalillo County Sheriff’ Department as Keller has been running APD. Voters will have the choice to vote between the lesser of two evils or just not voting at all.

After over 3 years in office, Mayor Tim Keller under his leadership still has a police department that is failing miserably to police itself and is in catastrophic failure. Keller has only himself to blame given the fact he personally selected those that have been in charge of APD and he went back on his campaign promise to hire a new Chief from outside the agency.