On Wednesday, June 9, the Keller Administration held a news conference to reveal yet another program to deal with substandard or vacant commercial and residential properties that have become magnets for crime and that bring down property values. The new program is dubbed the “Problem Properties Program” (PPP) and it consists of an online roster administered by the City’s Code Enforcement Division of Albuquerque’s “Top 15 Problematic Properties. The city now has a real property version of the FBI’s most wanted felony list. (Que “Law and Order” music.)

PPP PROGRAM EXPLAINED

Albuquerque’s code enforcement division claims the city metro area has upwards of 300 vacant, substandard and uninhabitable residential homes. There is a percentage of the properties that require a high level of city code enforcement. It will be these properties that will make up the new the new “Top 15 Problematic Properties” list. The overall goal is an effort to expedite city action on the properties to get them into code compliance whether through rehabilitation or demolition.

According to city officials, the PPP Program is intended to raise the profile of substandard properties in order to encourage property owners maintain their propertied and make repairs to bring them up to mandated housing codes to allow occupancy. The intent is to also to show neighbors that the city is aware of the properties and is attempting to address them through effective code enforcement.

As of Wednesday June 9, the Problematic Properties Program includes a webpage highlighting the 15 worst dilapidated, neglected, or abandoned residential properties. The public can scroll through the list of properties and see the city’s current mitigation efforts, if the structures are being remodeled or being sold. The City is hoping the PPP site will help the city get in contact with property owners, who can sometimes be hard to track down and restore the buildings faster. According to city officials, it’s a process that can normally take years.

The link to the city PPP Program web site listing the 15 properties and giving photos of the properties, addresses and status is here:

https://www.cabq.gov/planning/code-enforcement-zoning/problematic-properties-program

Links to news sources and quotes are here:

https://www.krqe.com/news/politics-government/watch-live-albuquerque-officials-introduce-problematic-properties-program/

https://www.koat.com/article/grossed-out-by-properties-in-abq/36678463

https://www.kob.com/albuquerque-news/albuquerque-city-council-votes-to-condemn-3-properties/6135075/?cat=500

https://www.abqjournal.com/2398437/city-highlights-problematic-properties-ex-demolition-or-rehabilitation-are-among-possible-options.html

CONDEMNATION PROCESS

On Monday, June 7, the City Council voted to condemn three properties located at 400 Mesilla St SE, 404 Mesilla St SE and 5912 Sweetwater Dr NW. Residents in the area who live near the properties on Mesilla said they have progressively gotten worse over the years and there have been drug deals and prostitution going on the properties.

400 Mesilla in particular has been the site of repeated criminal activity including a fire and numerous responses by the Albuquerque Police Department over the past year. The city already has filed upwards of $20,000 in liens against the property to cover board-ups and cleaning. The property has been in its current condition for about 4½ years. The property owner has been contacted repeatedly by city code enforcement and despite repeated assurances that it would be fixed, nothing has been done to bring the property into compliance.

When condemnations occur, the Planning Department city code enforcement division prepares condemnation resolutions that are presented to the City Council that make findings that the structures on the property are an immediate danger or threat to the public health, safety and welfare and constitute and attractive nuisance and have become magnets for crime. The resolutions usually include findings of structural damage and code violations that render the buiding “substandard” to the extent that they cannot be occupied nor repaired.

The city gives the owner at least one year before pursuing demolition of a substandard property, but it often takes longer than that. Ultimately, the city’s goal is compliance to avoid tear downs with code enforcement working with owners who express a willingness to address violations.

During the June 9 news conference revealing the PPP program, Planning Director Brennon Williams, who oversees the City Code Enforcement Division had this to say:

“At least 12 months has to be provided to a property owner that has a property like this and that’s a requirement not only state statute but under the uniform housing code. This is a long process, and it’s a long process intentionally. When we’re talking about knocking down somebody’s house or apartment building. We want to give that property owner every opportunity to come forward. … We make every effort from an enforcement standpoint to let a property owner know what the issue is and what can be done to correct it. It’s only when we don’t get any communication back and forth … [and] good faith efforts are not made that we take action.”

During the June 9 press conference, City officials said dealing with these properties can take up to six years. Never one to miss a photo op, Mayor Tim Keller stood in front of 400 Mesilla St SE, 404 Mesilla St SE to take credit for the PPP Program and demolitions and had this to say:

“Folks will be able to view where the progress is and also understand what the mitigation efforts are. Maybe if we shine a light on this, things will change faster than (in) six years. … ”

ADAPT PROGRAM

It was two years ago in July, 2019 that Mayor Tim Keller announced the creation of the “Addressing Dilapidated and Abandoned Property Team” (ADAPT). The ADAPT program supposedly relies on new data to target the worst 100 properties in the city. ADAPT is a program in the Fire Marshal’s Office that focuses on abandoned and dilapidated properties that have a pattern of serious criminal activity or pose an immediate threat to public health, safety and welfare.

https://www.kob.com/albuquerque-news/program-targeting-nuisance-properties-sees-early-success-/5636532/

According the city’s web site for the ADAPT Program:

“Utilizing the ArcGIS mapping system, ADAPT will compile and filter information from the data systems of Albuquerque Fire Rescue, Albuquerque Police Department, the Code Enforcement Division of the Planning Department, 311, and other referrals. ADAPT will assign a point value to each specific response type based on the severity. Properties [are] in four sub- categories:

Nuisance properties that do not rise to the level of the ADAPT program are referred to the Code Enforcement Division of the Planning Department to address the deficiencies or problems affecting it. Suspected criminal activity may also be referred to APD.”

https://www.cabq.gov/fire/adapt-program

SAFE CITY STRIKE FORCE SUCCESS

From 2002 to 2009, the Safe City Strike Force was formed to combat blighted commercial and residential properties and Deputy City Attorney Pete Dinelli was the Director the full 7 years.

Thirty (30) to forty-five (40) representatives from the Albuquerque Police Department, the Albuquerque Fire Department, the Fire Marshal’s Office, the Planning Department Code residential and commercial code inspectors, Family Community Services and the Bernalillo County District Attorney’s Office participated and comprised the strike force.

Seventy (70) to one hundred fifty (150) properties a week, both residential and commercial properties would be reviewed by the Safe City Strike Force.

The Albuquerque City Council would be given weekly updates on the progress made in their districts on the nuisance properties identified by the Strike Force. The City Attorney’s office routinely conducted interventions with property owners along with their attorneys and would negotiate nuisance abatement agreements as well as voluntary tear down agreements. The Code Enforcement Division component of the Safe City Strike Force routinely prepared condemnation resolutions for enactment by the Albuquerque City Council to tear down substandard buildings, including commercial buildings.

Over 8 years, the Safe City Strike Force took civil enforcement action against some 6,500 properties, both commercial and residential properties.

The success of the Safe City Strike Force is clear and unmistakable and can be summarized.

TEAR-DOWNS AND BOARD UPS

One of the most effective tools to deal with substandard residential and commercial properties was the City Attorney component of the Safe City Strike Force to negotiate voluntary board ups and tear downs of structures where the property owner gave permission for the city to do the work and then place a lien on the property. The liens would allow the city to be reimbursed upon sale.

The Safe City Strike Force was responsible for the tear down of an entire residential block of homes located at 5th Street and Summer in the Wells Park neighborhood area located north of downtown Albuquerque. It was done without a condemnation action but a voluntary tear down agreement. It took 2 months to negotiate the agreement and to tear down the substandard residences on the property, including one commercial building. There were a total of 21 abandoned and vacant, boarded up properties that could not be repaired, owned by one elderly woman who agreed allowed a tear down of the structures by the City.

A voluntary tear down of an entire strip mall was negotiated by the Strike Force. The strip mall had been boarded up for years, beyond repair, located near the former Octopus Car Wash on Menaul Street and Eubank. The strip mall was constantly being broken into, with fires being set by the homeless, and at one time a dead body was found at the location.

Two long vacant and vandalized restaurants, the Purple Plum and a Furr’s cafeteria, both on far North-East heights Montgomery, were also torn down by the Safe City Strike Force using voluntary tear down agreements.

One year, Albuquerque experienced a large spike in meth labs where almost 90 meth labs were found and identified and where the Safe City Strike Force was asked for assistance with contamination clean up. A few of those residential properties were torn down with negotiated tear down agreements.

CENTRAL MOTELS

The Safe City Strike Force required commercial property and motel owners to make repairs and they were required to reduce calls for service and address security on their properties.

The Safe City Strike Force took code enforcement action against 48 of the 150 motels along central and forced compliance with building codes and mandated repairs to the properties. The Central motels that were demolished were not designated historical and were beyond repair as a result of years of neglect and failure to maintain and make improvements.

Central motels that had historical significance to Route 66 were purchased by the City for renovation and redevelopment.

The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. When people were displaced by enforcement actions taken by the Safe City Strike Force, the City’s Family and Community Services Department would provide vouchers to the displaced and assist in locating temporary housing for them.

VIOLENT BARS

The Safe City Strike Force took action against violent bars on Central that were magnets for crime. Many Central bars have hundreds of calls for service a year placing a drain on law enforcement resources.

A few of the bars located on or near Central that were closed or torn down by the Safe City Strike Force include the Blue Spruce Bar, Rusty’s Cork and Bottle, the Last Chance Bar and Grill and Club 7. The Safe City Strike Force closed Club 7 and the owner was convicted of commercial code violations.

The city attorney’s office in conjunction with the Bernalillo County District Attorney’s office brought criminal charges against and convicted the Club 7 downtown Central Avenue bar owner that hosted a “rave” that allowed under age participants to mingle with adults and where a young girl was killed.

CONVENIENCE STORES

The Safe City Strike Force took enforcement action against a number of convenience stores on Central that had substantial calls for service to APD. In 2005, The Safe City Strike Force identified convenience stores that had an unacceptable number of “calls for service” which resulted in the convenience stores being considered a public nuisance by the Albuquerque Police Department (APD). Outdoor phones at the convenience stores used for illicit drug transactions were identified.

APD felt the convenience stores were relying upon APD to provide security at taxpayer’s expense rather than hiring their own private security company. In 2005, the Strike Force negotiate a stipulated settlement agreement with three major convenience store corporate owners of seventeen (17) convenience stores throughout Albuquerque and they agreed to pay for private security patrols.

FLEA MARKETS

The Safe City Strike Force was responsible for the closure of Louie’s Flea Market and the Star Flea Market, two Westside flea markets both on Old Coors Road South of Central. The flea markets brought down property values. Both flea markets had been around for decades and caused extreme traffic congestion on weekends they operated causing problems for the established or developing residential areas. Both flea markets were found by the Albuquerque Police Department to be locations where stolen property was being sold and both had an excessive number of calls for service.
In 2010, the previous administration began to dismantle and reduce funding for the Safe City Strike Force. At the beginning of 2018, the Safe City Strike Force had one employee, its director, and the Safe City Strike Force existed in name only.

Today in the Mayor Tim Keller Administration, the Safe City Strike Force no longer exists.

COMMENTARY AND ANALYSIS

It absolutely false what Planning Director Brennon Williams and Mayor Tim Keller say that substandard properties can take one to six years to deal with problem properties and tear downs. Both want the public to believe condemnation by the city council is the only line of offense for tear downs. If it takes 1 to 6 years for a tear down, it’s because of sure laziness and failed commitment and leadership to get the job done.

The Safe City Strike Force and City Attorney’s office repeatedly met with many residential and commercial property owners and was able secure permission and voluntary tear down of substandard and residential and commercial properties without any need for a condemnation action. The City would do the teardowns and place a lien on the property and when it was sold, the city would be reimbursed.

The City of Albuquerque and the State of New Mexico have some of the strongest nuisance abatement laws in the county. Crime rates can be brought down with civil nuisance abatement actions that protect the public health, safety and welfare of the public.

WEAK PROGRAMS

Mayor Tim Keller’s ADAPT program and the PPP Program are nothing more than extensively watered-down version of the Safe City Strike Force. Confidential sources within City Hall have said that Mayor Tim Keller felt the Safe City Strike Force had too much of an “aggressive sounding title”, he and others did not like it as fitting into his “ONE ABQ” slogan and the city wanted to soften the approach to nuisance abatement.

Confidential sources have said Mayor Keller’s first Planning Director David Campbell made it known to the housing code inspectors he felt housing code inspections and posting residential homes as “substandard” was not a priority. The former Planning Director was reluctant or refused to allow inspectors to file misdemeanor charges as was done in the past.

ADAPT is essentially a “passive aggressive” approach by the Planning Department which really has not worked, or has little success and the number of vacated, abandoned and substandard properties needing to be demolished in the city has only increased in the last 12 years. Truth be know is that it is likely there are far more vacant properties than city hall wants to acknowledge.

When dealing with meth labs, crack houses and magnets for crime, legal action by the city attorney’s office is in fact the most effective approach to crime and slumlords. What Keller fails to understand is that for residential property owners who feel the sting of crime in their neighborhoods and living next door to magnets for crime, a slogan of One ABQ is meaningless when their own quality of life is affected, not to mention a reduction in property values.

SENDING THE WRONG MESSAGE

Mayor Keller’s ADAPT program and the PPP Program sends the wrong message that he wants city residents and property owners to be content and ADAPT to the fact the city really does not want to do anything at all about nuisance, substandard and abandoned properties, or at least drag things out for as long as possible. What Keller should do is to reinstate the Safe City Strike Force.

It is very disappointing that Mayor Tim Keller reneged on his decision to reinstate the Safe City Strike Force when the decision was made to replace the Safe City Strike Force with his own ADAPT program. The Strike Force was a proven and effective program and was recognized as a best practice nationally. Under Mayor Tim Keller, the program exists only in memory.

PHOTO OPS IS WHAT KELLER IS ALL ABOUT

When it comes to Mayor Tim Keller, images and press conference appear to be all that is important to him, especially now that he is running for a second term. On more than one occasion he has appeared on TV news casts to take credit for “teardowns” done by the city, and now that he is running for a second term, we can expect more. Someone should tell him he can do another press conference announcing he is reinstituting the Safe City Strike Force and maybe that will motivate him to do it.

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

From April 17 to June 19, 2021, publicly financed candidates for Mayor must gather both 3,000 signatures from registered voters within the City and 3,779 qualifying donations of $5.00 to secure $661,309.25 in public financing.

From June 8 to August 10, 2021, privately financed candidates for Mayor must gather more than 3, 000 nominating petition signatures from registered voters within the City

PROCESSED PETITION SIGNATURES:

As of Friday June 11, following are the updated City Clerk numbers for Processed Petition Signatures starting with the candidate with the most and ending with the least collected:

MAYOR TIM KELLER

Required Petition Signatures: 3,000
Verified Petition Signatures: 4,112
Rejected Petition Signatures: 597
Remaining Petition Signatures Needed: – 0 –
Percentage of Verified Petition Signatures Met: 100%

SHERIFF MANNY GONZALES

Required Petition Signatures: 3,000
Verified Petition Signatures: 3,437
Rejected Petition Signatures: 656
Remaining Petition Signatures Needed: – 0 –
Percentage of Verified Petition Signatures Met: 93%

PATRICK BEN SAIS

Required Petition Signatures: 3,000
Verified Petition Signatures: 730
Rejected Petition Signatures: 572
Remaining Petition Signatures Needed: 2, 270
Percentage of Verified Petition Signatures Met: 24%

NICHOLAS BEVINS

Nicholas Bevins has announced his withdrawal from the race and is no longer listed on the City Clerk’s tally.

https://www.facebook.com/Nicholas.D.Bevins

PROCESSED $5.00 QUALIFYING CONTRIBUTIONS

As of Friday, June11, following are the City Clerk numbers for the $5.00 qualifying donations:

MAYOR TIM KELLER

Required $5.00 Qualifying Contributions: 3,779
Verified $5.00 Qualifying Contributions: 3,945
Rejected $5.00 Qualifying Contributions: – 0 –
Remaining $5.00 Qualifying Contributions Needed: 76
Percentage of Verified $5.00 Qualifying Contributions: 100%

SHERIFF MANNY GONZALES

Required $5.00 Qualifying Contributions: 3,779
Verified $5.00 Qualifying Contributions: 3,488
Rejected $5.00 Qualifying Contributions: 426
Remaining $5.00 Qualifying Contributions Needed: 291
Percentage of Verified $5.00 Qualifying Contributions: 92%

PATRICK BEN SAIS

Required $5.00 Qualifying Contributions: 3,779
Verified $5.00 Qualifying Contributions: 3
Rejected $5.00 Qualifying Contributions: 1
Remaining $5.00 Qualifying Contributions Needed: 3,776
Percentage of Verified $5.00 Qualifying Contributions: 0%

The link to the city clerks June 11 report is here

https://www.cabq.gov/vote/candidate-information/2021-candidates/petition-qualifying-contribution-tally-1

COMMENTARY AND ANALYSIS

It’s official! Both incumbent Mayor Tim Keller and Bernalillo County Sheriff Manny Gonzales will be on the November 2 City of Albuquerque ballot for Mayor. Congratulations to both!

What is also official is Mayor Tim Keller has successfully collected more than the required 3,779 qualifying $5.00 donations collecting 3,945 and his campaign will now be given $661,309.25 in public financing.

What is very impressive is that Sheriff Manny Gonzales spiked in the collection of the $5.00 qualifying donations and has gone from collecting 67% to now collecting 92% of the qualifying donations all within a 4 day period since last reported on June 7.

It has been reported that the Gonzales campaign relied upon and paid for a California canvassing company to get the job done. Republican operative and political consult Jay Mc Clesky is managing the Gonzales campaign and no doubt had a part in calling in the California company and for that reason it’s probably a Republican or conservative canvassing company. Gonzales needs to collect 291 more $5.00 qualifying donations which is highly doable within the 8 days remaining, especially when paid canvassers and not volunteers are used.

RACE ALREADY HEATING UP

The rivalry between Mayor Tim Keller and Sheriff Manny Gonzales began to heat up even before both made the ballot, signaling a real slug fest between the two and a likely nasty campaign season.

On June 1, candidate for Mayor Manny Gonzales held a campaign event at Revel Entertainment Center in Northeast Albuquerque. About 70 people, including children, had gathered to hear him speak. Before the event was over, a drone with a dildo dangling beneath it flew next to the stage. A man was arrested and booked into jail on charges of petty misdemeanor battery and misdemeanor resisting, evading or obstructing an officer. Gonzales was quick to charge that the Keller campaign had something to do with the incident which the Keller campaign denied. Keller’s campaign manager Neri Olguin went so far as to say that Gallegos was desperate.

Gonzales suggested that the stunt with the drone may have been sent by the rival campaign of Mayor Tim Keller. The Keller’s campaign condemned the stunt as “disruptive, rude and immature” and denied any involvement, but took a swipe at Gonzales when Keller campaign manager Neri Holguin said:

“To suggest we were behind it is pathetic and the kind of desperation that has marked Manny’s troubled campaign.”

https://www.santafenewmexican.com/ap/albuquerque-mayoral-candidate-interrupted-by-sex-toy-on-drone-punched-at-event/article_033ad0ae-592f-510d-bfe5-5fe466c8d583.html

On June 6, it was reported that Mayor Tim Keller’s reelection campaign filed an ethics complaint against Bernalillo County Sheriff Manuel Gonzales alleging Gonzales personally told a voter that he did not have to pay a $5 contribution and that he would cover the $5.00 qualifying donation.

The Keller complaint accuses Bernalillo County Sheriff Manuel Gonzales of widespread fraud. According to the affidavit filed, Gonzales and accompanying Sheriff Deputies attended a Salvation Army Advisory Board at their invitation, asked the board members to sign a document saying they had provided a $5 “qualifying contribution” that would allow Gonzales to qualify for public financing. The ethics complaint alleges the Gonzales’ campaign submitted the contribution receipt to the City Clerk’s Office on June 1.

The ethics complaint was accompanied by an affidavit from Dean Zantow, a member of the Salvation Army Advisory Board, who stated Gonzales attended a May 27 board meeting as an invited guest. After speaking to the board, Gonzales and two Deputy Sheriff’s asked board members to sign nominating petition to place Gonzales on the November 2 ballot as a candidate for mayor. Then they were asked to sign donations receipts.

Zantow in his sworn affidavit said he agreed to fill out a receipt showing that he had provided a $5 qualifying contribution, then asked Sheriff Gonzales “Am I supposed to give you $5?” According to the affidavit, Gonzales allegedly stated, “No, that’s OK, we’ll cover that.” Attached to the ethics complaint is a copy of a $5 contribution receipt, dated May 27, signed by both Zantow and Gonzales.

It turns out that Zantow later made a $5 contribution to the Keller campaign when he informed a Keller campaign worker that Gonzales had not required him to pay $5. The campaign worker then alerted the Keller campaign.

STILL TIME FOR PRIVATELY FINANCED CANDIDATES FOR MAYOR

Unless a privately finance candidate announces, the Mayor’s race is a two person race between Keller and Gonzales, which is a damn shame. Four years ago, there were 8 candidates for Mayor and there was also a run off with a healthy debate of the issues.

So far, no privately financed candidates have emerged. Privately Finance Candidates for Mayor must also gather 3,000 signatures from registered voters within the City. The time for privately financed candidates for Mayor to collect signatures is from June 8 to August 10, 2021.

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

https://campaignfinance.cabq.gov/PublicSite/SearchPages/CommitteeSearch.aspx

NOT MUCH OF A CHOICE

Tim Keller has been Mayor for 4 years of the 5 years where the city has ranked in the top 100 most violent cities. Sherriff Gonzales has been in office for 6 years, the entire time the city’s crime rates have spiked. The homicide statistics and accompanying headlines are the very type of headlines and statistics that should give both Mayor Tim Keller and Sheriff Manny Gonzales nightmares as they run against each other for Mayor. The statistics should mark the end of both of their political careers, but they don’t.

In 2017, Candidate Tim Keller campaigned to get elected Mayor on the platform of implementing the Department of Justice (DOJ) mandated reforms, increasing the size of APD, returning to community-based policing and promising to bring down skyrocketing crime rates. Mayor Tim Keller has tried repeatedly to take credit for crime rates being on the decline in all categories other than violent crime offenses.

Mayor Tim Keller repeatedly proclaims that the city’s violent crime rates are in fact a national trend, that his programs to fight violent crime are working, yet the city’s crimes rates have increased each year during his term. This coming from a mayor who campaigned and got elected on the platform to bring down the city’s crime rates.

Gonzales proclaims he can do a better job than Keller and with his tough on crime policies will turn things around. Gonzales also is now making the City’s Homeless crisis a priority, yet he has done absolutely nothing for 6 years to address the homeless crisis other than having his deputies break up homeless encampments.

Gonzales forgets he has been Sheriff longer than Keller has been Mayor and the County’s crime rates are just as bad. For 5 years, Sheriff Gonzales did next to nothing in helping APD bring down violent crime rates saying crime in the city was not in his jurisdiction as a Bernalillo County Sheriff, that is until he decided to run for Mayor. Gonzales proclaimed that businesses and residents in the South East Heights, which has often been referred to as the War Zone, contacted Gonzales and he decided to do law enforcement sweeps in the are and hold press conferences about his success no doubt to garner favor with voters and make Keller and the APD Chief look bad. It’s called political opportunism at its worst.

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, high unemployment rates, increasing homeless numbers, lack of mental health programs and little 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 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. A highly contested race for mayor will reveal solutions to our problems.

With Keller and Gonzales, we are faced with voting for the lesser of two evils, or just not voting. Hope springs eternal that more will run for Mayor to give voters a better choice..

On Wednesday, June 9, Federal District Court Judge James Browning held an all day long Status Conference on the Court Appointed Monitor’s 13th Independent Monitor’s Report (IME -13) As has been the case for the last year during the pandemic, the hearing was held via Zoom Video/Web Conferencing with upwards of 110 in attendance.

The Department of Justice (DOJ) in accordance with its established practice in this case, filed “Notice Letters from the Court’s Amici And Stakeholders” established or recognized by the Court-Approved Settlement Agreement (CASA) . The letters set forth the issues and concerns the parties wish to address with the Court during the June 9, 2021 Public Hearing.

Seven ‘Notice Letters’ were filed by the various stakeholders including from APD Forward Coalition, the Amicus McClendon Sub-Class and the Community Coalition. All three of these stake holders in their letters asked in one form or another that the APD Police Union be held in contempt of court for intentional interference with the Court Approved Settlement Agreement with its political ad campaign and disparaging the CASA reforms.

POLICE UNION POLITICAL PUBLIC RELATONS CAMPAIGN

On April 27, 2021, it was widely reported by local news media that 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 police officers from doing their jobs and combating crime. The Police Union political ad campaign consisted 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 union has reported that almost 10,000 emails had been sent to the city.

JUNE 9 STATUS CONFERENCE HEARING

During the June 9 status conference hearing, presiding Federal Judge James Browning asked the Plaintiff Department of Justice (DOJ) and the Defendant City of Albuquerque if they had the “appetite” to seek and to have the Intervenor Party the Albuquerque Police Officers Association held in contempt of court and be removed as a party to the litigation. Judge Browning has previously said he would not take any action in the case unless requested by both of the parties.

During the hearing both the City and the DOJ declined to ask for the police union to be held in contempt of court, essentially ignoring the wishes of the 3 advocacy groups that were instrumental in bringing the DOJ here in the first place. It was during the last hearing on the 12th Federal Monitors report that the advocacy groups had advocated that APD be placed into receivership because of the City’s willful failure to implement the reforms.

FEDERAL MONITOR’S RESPONSE TO UNION AD CAMPAIGN

Judge Browning asked Federal Monitor James Ginger if he felt that the settlement reforms was leading to higher crime and what he thought of the police unions ad campaign. On June 9, Ginger told the court:

“[The accusation that the settlement is the cause of higher crime is] a union canard. We’ve talked about the counter-CASA effect in Albuquerque for years and years, and it is still alive and well. This latest process from the union is just another piece of counter-CASA. The union would like us out of town, I’m sure, and remember this monitoring team – as much as we love Albuquerque – would be glad to be done with the job. But we’re not going to give passing scores unless passing scores are earned. … [if the city] will actually focus on compliance” [it could be done with the CASA in 2 to 3 years]. … We’re constantly making the same recommendations over and over and over again,” Just like this time – 190-plus recommendations. It’s a get-out-of-the-CASA-free card, those 190 recommendations. What’s dragging this out, quite frankly, your honor, is a police department not focusing its resources on complying with the CASA.”

FOUR AREAS OF CONCENTRATION IDENTIFIED

During the June 9 hearing, Federal Monitor Ginger told the court that APD needs to concentrate on 4 major areas:

1. APD needs to concentrate and re- build the APD Academy, strengthen its programs and training and establish effective management oversight to ensure it goals are attained.

In his 13th Independent Monitors Report, the Federal Monitor wrote:

“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.”
…

2. APD needs to spend more time on a employing a “cadre” of managers who are committed to the reforms and who can get the job done on implementation.

3. Executive decisions must be made that are consistent t with best practices.

4. APD needs to institute “quality improvement” mechanisms on the reforms, which is the only way APD will come into compliance with the reforms.

DOJ AND CITY’S RESPONSE TO CONTEMPT OF COURT REQUEST

Department of Justice Attorney Paul Killebrew was asked point blank by Judge Browning if the DOJ had had the “appetite” to seek contempt against the police union over the ad campaign and if the Union should be thrown out as a party to the case. Killebrew response was quick and he said in part:

“The Albuquerque Police Officers’ Association, and indeed, the officers of the APD who are its members, have a First Amendment right to speak on a matter of public concern, and they are exercising those rights. I will say that it was not a surprise to me personally to know that the APOA would like the city to renegotiate some terms of the CASA. That has been a flavor of their position from the outset, and so I don’t take that as a surprise. I will say that at any time we are willing to hear out anyone’s proposals for how the CASA can better achieve its aims and whether modifications may be necessary.”

Killebrew then went on to add that although the Police Union was a Third-Party Intervenor, only the Plaintiff DOJ and the Defendant City have signed the Court Approved Settlement Agreement (CASA) and therefore the police union cannot be held in contempt of court for violating the Court Approved Settlement Agreement. Killebrew deliberately ignored the fact it was the Plaintiff DOJ and the Defendant City who agreed to allow the union to become a third party. Killebrew also down played the fact that the Union has signed off on other court orders modifying the CASA. If the DOJ and the city agreed that the police union could intervene, they have the right to ask the court to dismiss the union from the case. Judge Browning never ruled that the Union could not be held in contempt of court, but said he declined to do so unless asked by the parties.

City of Albuquerque Chief Administrative Officer Sarita Nair attended the June 9 hearing and was asked by Judge Browning about the union ad campaign and if the police union should be held in contempt of court. According Nair, the union’s political ad campaign was a failure. She said that in the 6 weeks since the union launched the ad campaign the city had received emails from about 820 individuals. In comparison, Nair said when the city asked for input on a recent gas tax measure, 6,600 people wrote in across both sides over the course of three days. Nair gloated with sarcasm and a snicker over the failure of the police union ad campaign when she said:

“In terms of what actually happens in the larger context of public input, this was a negligible effort … I appreciate that they spent [$70,000], you know, $85 per unique user, but it doesn’t really change the impact. And I believe that seeking sanctions at this point is just going to become a sideshow.”

CAO Nair further took issue with the federal monitors assessment that the city has not done enough in response to the 13th Monitors report which covers the period from August 2020 through January 2021. According to Nair, many of the Monitor’s recommendations are easier said than done and she said:

“We also do not have the luxury of believing that moving from reactive to proactive is simple to do or that we need to just buckle down, and that all it takes is to read the report and do what it says. I’m sure it seems like that from the outside, but there’s a lot of work.”

CAO Nair told the Court that in response the 13th Federal Monitors Report that the city hired in May Jessica Henjy, who is the APD Academy Curriculum Development Manager and has hired Renae McDermott, who will start work as APD Academy Commander in July. APD Superintendent Sylvester Stanley was also hired as superintendent of police reform and to oversee the Internal Affairs division, the academy and the reforms.

POLICE UNION’S RESPONSE

During the June 9 hearing, APOA president Shaun Willoughby and attorney John D’Amato were asked to respond to the allegation that the goal of the union ad campaign was to end the settlement agreement or that they are “counter-CASA.”

Union Attorney John D’Amato had this to say:

“Fighting crime in this community and engaging in the reform process are not incompatible.”

However, in response to questions from Judge Browning, Willoughby gave what can only be described as an emotional and unhinged statement to the court. Willoughby freely acknowledged that he does not believe that the city can be in compliance with the CASA and simultaneously lower crime rates.

With respect to the Court Approved Settlement Agreement, Willoughby had this to say:

“Is it the No. 1 reason for the crime in Albuquerque? No, but it’s a contributing factor.”

Willoughby also told Judge Browning he stood by his comments he made to the media when he said:

“You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both.

https://www.abqjournal.com/2398400/police-union-wont-be-held-in-contempt.html

The rest of the comments made by Willoughby to the media are:

“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.”

Willoughby told the Court that APD morale is in a complete melt down, that all of the 70 lateral hires and returned retirees from 3 years ago are now eligible for retirement and are scheduling to retire in July, that APD officers are leaving in in droves, that officers are afraid they will be disciplined for small infractions that will destroy their careers. According to Willoughby, the number one question he gets from police officers is if they can file a lawsuit for hostile working environment. Willoughby also stated many recently hire police officers are looking to leave the department and that they are “absolutely miserable”.

Judge Browning asked Willoughby how long it will be before the case can be dismissed and he responded at least 6 more years. Judge Browning then asked if that were the case, what was the purpose of the spending $70,000 for the ad campaign and Willoughby said the union wanted to provide the public with an opportunity to tell the city that the CASA should be dismissed.

UNION MEMEBERSHIP OF SERGEANTS AND LUITENANTS IS THE COUNTER CASA EFFECT

The most misleading and inaccurate comments made to Judge Browning by APOA President Shaun Willoughby during the June 9 hearing was his denial that the union is the “counter casa” effect. Willoughby boldly and defiantly claimed that the police union does not have the “power” to undermine the CASA reforms. Neither the DOJ nor the City objected to the comments.

Willoughby also said that there is no problem with Sergeants and Lieutenants, who are management, being part of the union. Willoughby went on to say that Sergeants and Lieutenants have been part of his union for years. He ostensibly has forgotten the APD Captains, now called Commanders, were removed from the union bargaining unit many years ago because they are management.

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. 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 <em>“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”>https://drive.google.com/file/d/1GzUumHhiD3Mw2_dLg_czXml_T6-3QI2w/view”>https://drive.google.com/file/d/1GzUumHhiD3Mw2_dLg_czXml_T6-3QI2w/view

In his 10th report Federal Monitor Ginger referred to the group as the “Counter-CASA effect” and stated:

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

“Some members of APD … resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example, … 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 [mandated by the union contract] for discipline cannot be met.”

In his 12th Monitor’s Report, Dr. Ginger states:

..APD Internal Affairs routinely permits officers and union representatives to hijack internal fact-finding.

… 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.”

UNION CONTRACT VIOLATES NEW MEXICO PUBLIC EMPLOYEES BARGANING ACT

Section 1.3.1 of the police union contract provides:

“The APOA is recognized as the Exclusive Representative for regular full time, non-probationary police officers through the rank of Lieutenants in the APD … .

The 65 page APOA police “Collective Bargaining Agreement” (CBA) can be down loaded as a PDF file at this link:

https://www.cabq.gov/humanresources/documents/apoa-jul-9-2016.pdf/view

THE NEW MEXICO PUBLIC EMPLOYEES BARGANING ACT

The New Mexico Public Employees Bargaining Act, Sections 10-7E-1 to 10-7E-26 H (NMSA 1978), governs the enforcement of the city’s collective bargaining agreement with the APD police union. The link to the statute is here:

https://www.pelrb.state.nm.us/statute.php
The Section 10-7E-5 provides as follows:

“Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining through representatives chosen by public employees without interference, restraint or coercion and shall have the right to refuse any such activities.”

The link to Section 10-7E-5 is here:

https://www.pelrb.state.nm.us/pdf/statutes/10-7E-5_Rights%20of%20public%20employees.pdf

COMMENTARY AND ANALYSIS

The DOJ and the City do not have an “appetite” to do the right thing to be aggressive enough to get the job done. After 6 years and millions spent on the reforms, APD is no closer to complying nor implementing the reforms than it was six years ago and it’s only going to get worse.

It’s extremely disappointing that the Department of Justice, the City of Albuquerque and the Federal Monitor see nothing wrong with the $70,000 ad campaign the Police Union engaged in to disparage and interfere with the implementation of the reform process and the Court Approved Settlement Agreement. What is even more disappointing is that Federal Judge Browning stated on June 9 and before that he will not take any action in the case unless he is asked to by the DOJ and the City.

It is now twice within the last year that the various stakeholders and the friends of the court, the very groups that sought to bring the DOJ to the city to investigate APD’s excessive use of force and deadly force and the culture of aggression, have essentially been ignored by the DOJ, the city and the court. First, the Court refused to appoint a receiver to take over APD when asked last year and now the court declines to hold a party in contempt of court for overtly attempting to interfere with the reform process.

What makes the Court’s refusal to take any action far more disappointing is the fact that Peter Cubra, the attorney for Amicus McClendon Sub-Class, on June 9 actually begged in open court that Judge Browning exert his authority and take action in the case. APD Forward and Amicus Community Coalition also asked the court to take action in their letters. .

COURT SHOULD ORDER REMOVAL OF SERGEANTS AND LIEUTENANTS FROM POLICE UNION

It was downright offensive and arrogant for Federal Monitor James Ginger to say during the June 9 hearing that the City and APD need to “spend more time on a employing a cadre of managers” who are committed to the reforms and who can get the job done on implementation. The Federal Monitor knows damn well that it is the Sergeants and Lieutenants that need to be that “cadre”. Ginger himself has said Sergeants and Lieutenants 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.

The Federal Monitor has declined to make any recommendation to the court remove the Union as a party to the case nor even demand that Sergeants and Luitenants be removed from the union and made at will employees. APD sergeants and lieutenants, even though they are part of management with supervisory authority over sworn police officers, are not “at will” employees and they are allowed to join the police union and benefit from its civil service protection. . Including sergeants and lieutenants in the collective bargaining unit creates a clear conflict within management and sends mixed messages to rank and file sworn police officers.

APD police sergeants and lieutenants 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.

Sergeants and lieutenants need to be made at will employees and removed from the police union bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms. Until sergeants and lieutenants are removed from the union and made at will employees, do not expect the CASA reforms.

The New Mexico Public Employees Barganing act is very clear that “management employees” are prohibited from joining the police union for the rank and file, yet the City for years has allowed APD Lieutenants and Sergeants to be part of the collective bargaining unit that represents lower ranking officers.

Judge Browning should enter a sua sponte order removing Lieutenants and Sergeants from the police union. Otherwise, the union no doubt will be embolden to continue with disruptive nonsense to disparage the Federal Court Approved Settlement Agreement and the mandated reforms.

“The word “homicide” is neutral: it merely means the killing of one human being by another human being. Homicides may be justifiable, excusable or criminal, depending upon the circumstances of the killing and the state of mind of the killer. … A human death is a homicide if the dead person was once alive and is now dead because of the act of another human being.”

https://www.in.gov/ctb/files/appendix1.pdf

The above link contains the generally recognized definitions of justifiable homicide, excusable homicide, criminal homicide , murder, manslaughter, and voluntary manslaughter. Each state’s criminal statutes and the elements required to be proven vary in minor degrees as does the federal laws.

ABQ’s AND BERNCO’s HOMICIDES

On June 7, it was reported that multiple investigations are underway in southeast Albuquerque. According to APD, there was a deadly shooting on Columbia Drive, and a separate shooting at Bell and Arizona, which was connected to a crash on nearby Zuni Road. APD also said there were multiple injuries from a crash that left a 6-year-old child seriously injured.

On June 6, it was reported that the Albuquerque Police (APD) is investigating two homicides that occurred in the morning. According to an APD spokesman, officers were called to a motorcycle crash at the intersection of Broadway Boulevard and Coal Avenue. They found a man at the scene, who had suffered a gunshot wound. He was transported to a nearby hospital, but did not survive his injuries.

On the southwest side of the city, officers responded to a shots fired call, in the 7300 block of Blue Avena Avenue near Unser Boulevard and Arenal Road. APD officers arrived and found a man dead.

https://www.koat.com/article/apd-investigates-2-overnight-homicides/36640370#

On May 29 it was reported the city suffered a second homicide in less than 12 hours and the 50th in the city this year. There were 25 killings by May 29 of last year.

https://www.abqjournal.com/2395290/overnight-shooting-leaves-1-dead-2-others-wounded.html

As of June 6, the Albuquerque Police Department (APD) has recorded 52 homicides for the year. However, there have been more. The actual count of the number of homicides is as least 7 more within the city making the count 59 murders. The reason for the discrepancy is simple. Each law enforcement agency that has jurisdiction within the city limits counts those homicides they are investigating at the exclusion of the other agencies.

State Police numbers are NOT included in BCSO numbers nor APD numbers, with each agency reporting their own numbers separately to the FBI.

The best example is that recently it was reported that the New Mexico State Police (NMSP) are investigating a double homicide that happened in Albuquerque. NMSP said they responded after a car rolled off I-40 at Carlisle. Two bodies with gunshot wounds were inside the vehicle. The homicides are not included in the Albuquerque Police Department’s homicide count, which is 47 thus far for 2021.

NMSP said it took on the investigation because it was one of its officers that was lagged down. APD was not aware of the investigation until a week later. APD spokesperson Gilbert Gallegos had this to say:

“We typically have good communication. But in this case they (NMSP) did not communicate this investigation to APD until we reached out to them after learning from the DA that there was a case”

NMSP said local agencies are “not necessarily notified unless investigators determine there is a specific need.”

APD said it doesn’t include NMSP homicide investigations in their statistics because they follow FBI guidelines. NMSP said the incident was only the second time in five years they’ve taken on a homicide investigation in Albuquerque city limits.

https://www.kob.com/albuquerque-news/nmsp-explains-why-it-took-on-double-homicide-investigation-in-albuquerque/6114851/

APD HOMICIDE LIST FOR 2021

The Albuquerque Police Department (APD) maintains a list of dates, addresses and case numbers assigned to homicides. The list reflects homicides, or murder/nonnegligent manslaughter, in Albuquerque from January 1 through May 15 without listing the listing of 3 recent murders. The list does not include justifiable homicides or negligent murder, as defined by the FBI. The link to the list is here:

https://www.cabq.gov/police/documents/apd-homicide-list-for-web-site-as-of-17may2021.pdf

According to the list of homicides, following is the breakdown of the number of homicides for the months of January 1 to May 30 are as follows:

JANUARY: 14
FEBRUARY: 6
MARCH: 7
APRIL: 14
MAY: 9
TOTAL: 50

BERNALILLO COUNTY SHERIFFS’ OFFICE FAILED TO REPORT TO FBI

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

According to the Journal report, in previous years, including 2020, BCSO regularly sent out email and Twitter alerts when BCSO detectives opened a homicide investigation. BCSO usually gave details on the incident and solicited tips from the public. Until April 7, BCSO had been silent on the 2021 cases, yet increased email and Twitter notifications for warrant roundup operations and “repeat offender” arrests often criticizing the actions of courts for previously releasing the suspects.

BCSO Transparency and Public Information Coordinator Jayme Fuller explained the delay in reporting on the 2 homicides as not always told about homicides, or other incidents, until reporters ask about them and they confirm them with supervisors.

The most troubling fact in the Journal report was glossed over. Buried in the article is the statement:

“Last year, BCSO’s crime statistics were not included in the annual FBI report because the agency didn’t meet the March deadline to report them, and they couldn’t be certified in time.”

The problem is that the yearly FBI statistics are the best measure as to performance measures of BCSO. Further, Bernalillo County and BCSO rely upon those statistics to secure federal grant funding.”

ABQ REPORTS WEEKLY HOMICIDE STATISTICS

ABQReports is an online news and opinion outlet that has begun to publish “weekly” homicide updates by a retired APD Sergeant. ABQ REPORTS reported that as of June 9, 2021, Albuquerque has had 63 homicides. ABQReports includes vehicular homicides and child abuse resulting in death and those determined as “justified. ” ABQ Reports statistic of 63 includes 2 children who died in a DWI crash with their mothers, homicides that APD classified as “Justified” or self defense and at least 2 killings by APD officers. Police Officer deadly force shootings are not classified as homicides and are separate category.

The link to the May 23 ABQReports is here:

https://www.abqreport.com/single-post/abq-homicides-now-at-57

ABQ Raw

ABQ Raw is an “on line” and FACEBOOK news agency. ABQ RAW calls itself:

“the flip side of local news in Albuquerque, New Mexico. Created by and for a connected generation. Our documentaries and original video brings you an unvarnished look at some of the most important people, events, and happenings in Albuquerque, and shines a light on underreported stories. Unorthodox and at times irreverent, we get to the heart of our community and call it like we see it.”

According to ABQ Raw’s FACEBOOK page:

“ABQ RAW is a Run And Gun Web, Video Guerrilla Documentary Filmmaking/News channel created by, and for a connected generation. Our often short, raw, video clips, summary reports, documentaries, and docudramas brings you an unvarnished look at some of the people, events, and happenings in Albuquerque, New Mexico and sometimes beyond, we shine a light on often underreported stories. Unorthodox and at times irreverent, we get to the heart of our community and call it like we see it. #ABQRAW #ABQRAWClips.”

During the United States Senate Second Impeachment hearing of former President and Der Führer Donald Trump, many new videos attributed to ABQ Raw of the January 6 US Capital insurrection were offered as evidence.

On May 20, ABQ Raw published a listing of 65 homicides that have occurred in Albuquerque from January 8 to May 29 with dates, locations, gender and news source. According to ABQ Raw:

“Most cases were reported by other media outlets and the stories are posted next to the corresponding number. Some cases, as you can see were never reported to the media but we were told about them from anonymous sources. We count actual homicides and don’t depend on the city police department PR officials or other media outlets to tell us when a death should be considered a homicide.”

You can review the entire ALB Raw list of 65 homicides here:

https://www.facebook.com/abqraw/photos/pcb.4565965273432222/4565951996766883

EXPLAINING SUMMARY REPORTING SYSTEM (SRS) VS. NATIONAL INCIDENT-BASED REPORTING SYSTEM (NIBRS)

“In 2018, the Albuquerque Police Department (APD) began reporting its annual crime statistics using the Federal Bureau Of Investigation’s National Incident-Based Reporting System (NIBRS). NIBRS is the most current national framework for reporting crime and replaces the FBI’s Uniform Crimes Reports (UCR). This change is important because, compared to UCR, NIBRS provides more comprehensive and detailed information about crimes against person, crimes against property and crimes against society occurring in law enforcement jurisdictions across the county.”

https://www.cabq.gov/police/documents/crimestats2018_19_apd.pdf

SRS SYSTEM
Prior to 2018, APD reported data using the Summary Reporting System (SRS), which included 8 crime categories and counted only the most serious offense during an incident. The 8 offenses were chosen because they are serious crimes, they occur with regularity in all areas of the country, and they are likely to be reported to police. In the traditional Summary Reporting System (SRS), the eight crimes, or Part I offenses are:

1. Murder and Nonnegligent Manslaughter
2. Forcible Rape
3. Robbery
4. Aggravated Assault
5. Burglary
6. Larceny-theft
7. Motor Vehicle Theft
8. Arson
A link providing a complete definition of each category under the SRS system is here:

https://www.bjs.gov/ucrdata/offenses.cfm

NIBRS SYSTEM

Starting in January 2021, the FBI will no longer accept data in the SRS format. The FBI is requiring crimes to be counted through the National Incident-Based Reporting System (NIBRS). In NIBRS, there are 3 major reporting broad categories:

Crimes against persons
Crimes against property and
Crimes against society.

The 3 major categories are then broken down into 52 sub-categories. NIBRS counts virtually all crimes committed during an incident and for that reason alone NIMRS is far more sophisticated than the “most serious incident-based” reporting SRS reporting system.

“In the National Incident-Based Reporting System” (NIBRS), each offense reported is either a Group A or Group B offense type. There are 23 Group A offense categories, comprised of 52 Group A offenses and 10 Group B offense categories. Law enforcement agencies report Group A offenses as part of a NIBRS incident report, but they report only arrest data for Group B offenses.

Each offense collected in NIBRS belongs to one of three categories: Crimes Against Persons, Crimes Against Property, or Crimes Against Society.

Crimes Against Persons include murder, rape, and assault, and are those in which the victims are always individuals.

Crimes Against Property include robbery, bribery, and burglary, or to obtain money, property, or some other benefit.

Crimes Against Society include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes.

https://ucr.fbi.gov/nibrs/2018/resource-pages/crimes_against_persons_property_and_society-2018.pdf

“In NIBRS, law enforcement agencies collect detailed data regarding individual crime incidents and arrests and submit them in separate reports using prescribed data elements and data values to describe each incident and arrest. Therefore, NIBRS involves incident-based reporting. … There are 52 data elements used in NIBRS to describe the victims, offenders, arrestees, and circumstances of crimes.”

The link to a complete guide to the NIBRS crime reporting system is here:

https://ucr.fbi.gov/nibrs/nibrs_dcguide.pdf

ALBUQUERQUE RANKS IN THE TOP 100 DANGEROUS CITIES 4 YEARS IN A ROW FROM 2017 TO 2021

Neighborhood Scout’s provides comprehensive database of real estate data.

“Neighborhood Scout uses over 600 characteristics to build a neighborhood profile for each and every neighborhood, census tract, and address, block-group in America. These include: school quality, housing costs, crime rates, income levels, the age, size and style of homes, the density of buildings, rental areas versus owner occupied, the proportion of families with children, educational attainment, languages spoken, types of careers of those living in the neighborhood, economic trends, demographic trends, crime trends and forecasts, crime risk by crime type, home price appreciation and HPA forecasts, unemployment trends, and many, many more.”

https://www.neighborhoodscout.com/about-scout

According to the webs site, since 2012, Neighborhood Scout research “[reveals the 100 most dangerous cities in America with 25,000 or more people, based on the number of violent crimes per 1,000 residents. Violent crimes include murder, rape, armed robbery, and aggravated assault. The data used for this research are the number of violent crimes reported to have occurred in each city, and the population of each city.
…
There are some newcomers to the list this year. Atlantic City, NJ creeps back into the list at ninety-nine with a 16% year-over-year increase in its violent crime rate. Dallas, TX, the 9th largest city in the U.S., appears on the list for the first time at number eighty-nine with a violent crime rate of 8.7 per 1,000. This is an increase of 13% compared to the previous year. Spartanburg, SC, a historic Revolutionary War city, is the newcomer with the highest violent crime rate of 12.0 per 1,000 population.

ALBUQUERQUE MAKES THE TOP 100 MOST DANGEROUS CITIES IN 2021, 2020, 2019, 2018, 2017

The city has gone from the low rank of #74 to a current rank of #21 over the last 5 years. Following is Albuquerque’s rankings in Neighborhood Scout’s for the last 5 years:

2021
#21 Ranking Out Of 100
Violent Crime Rate (per 1,000 residents): 13.7
Chance of being a victim: 1 in 72

2020
#23 Ranking Out Of 100

2019
#25 Ranking Out Of 100
Albuquerque Violent Crime Rate: 13.9
Chance of being a victim: 1 in 72

2018
#50 Ranking Out Of 100
Population: 559,277
Albuquerque’s Violent Crime Rate: 11.50
No. of Violent Crimes: 6,429
Assault: 3,859 | Robbery: 1,962 | Rape: 547 | Murder: 61
Chance of being a victim: 1 in 87

2017
#74 Ranking Out Of 100
Albuquerque Number of Crimes

Violent Crime 7,711
Property Crime 32,338
Total Crime: 40,049

Crime Rate (per 1,000 residents)

Violent crime rate: 13.76
Property crime rate: 57.69
Total crime rate: 71.45

https://www.neighborhoodscout.com/blog/top100dangerous

COMMENTARY AND ANALYSIS

Although the NIBRS crime reporting system makes sense for law enforcement, it makes little sense to the general public. It does not allow the public to quickly identify the increases or decreases in the traditional categories of crime that the public are used to: Murder, Manslaughter, Rape, Assault and Battery, Burglary, Larceny-theft, Motor Vehicle Theft and arson. APD should consider publishing similar list of major crimes as they release for homicides. Otherwise, the public will remain in the dark.

IT’S KELLER VERSUS GONZALES

From April 17 to June 19, 2021, publicly financed candidates for Mayor must gather both 3,000 signatures from registered voters within the City and 3,779 qualifying donations of $5.00 to secure $661,309.25 in public financing.

Review of the City Clerk’s June 4 Processed Petition Signatures makes it highly likely that only incumbent Mayor Tim Keller and Sheriff Manny Gonzales will be the only two that will make the ballot, and it’s a damn shame.

There will be only two candidates for Mayor unless of course there are privately financed candidates who decide to run. Privately financed candidates for Mayor must gather the 3,000 nominating petition signatures from registered voters within the City from June 8 – August 10, 2021.

The link to the city clerks June 7 report is here

https://www.cabq.gov/vote/candidate-information/2021-candidates/petition-qualifying-contribution-tally-1

Tim Keller has been Mayor for 4 years of the 5 years where the city has ranked in the top 100 most violent cities. Sherriff Gonzales has been in office for 6 years, the entire time the city’s crime rates have spiked. The homicide statistics and accompanying headlines are the very type of headlines and statistics that should give both Mayor Tim Keller and Sheriff Manny Gonzales nightmares as they run against each other for Mayor. The statistics should mark the end of both of their political careers, but they don’t.

In 2017, Candidate Tim Keller campaigned to get elected Mayor on the platform of implementing the Department of Justice (DOJ) mandated reforms, increasing the size of APD, returning to community-based policing and promising to bring down skyrocketing crime rates. Mayor Tim Keller has tried repeatedly to take credit for crime rates being on the decline in all categories other than violent crime offenses.

Mayor Tim Keller repeatedly proclaims that the city’s violent crime rates are in fact a national trend, that his programs to fight violent crime are working, yet the city’s crimes rates have increased each year during his term. This coming from a mayor who campaigned and got elected on the platform to bring down the city’s crime rates.

Gonzales proclaims he can do a better job than Keller and with his tough on crime policies will turn things around. Gonzales also is now making the City’s Homeless crisis a priority, yet he has done absolutely nothing for 6 years to address the homeless crisis other than having his deputies break up homeless encampments.

Gonzales forgets he has been Sheriff longer than Keller has been Mayor and the County’s crime rates are just as bad. For 5 years, Sheriff Gonzales did next to nothing in helping APD bring down violent crime rates saying crime in the city was not in his jurisdiction as a Bernalillo County Sheriff, that is until he decided to run for Mayor. Gonzales proclaimed that businesses and residents in the South East Heights, which has often been referred to as the War Zone, contacted Gonzales and he decided to do law enforcement sweeps in the are and hold press conferences about his success no doubt to garner favor with voters and make Keller and the APD Chief look bad. It’s called political opportunism at its worst.

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, high unemployment rates, increasing homeless numbers, lack of mental health programs and little 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 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. A highly contested race for mayor will reveal solutions to our problems. With Keller and Gonzales, we are faced with voting for the lesser of two evils, or not voting.

There is still time for other candidates to run as privately financed candidates and raise private campaign donations. Privately Finance Candidates for Mayor must also gather 3,000 signatures from registered voters within the City. The time for privately financed candidates for Mayor to collect signatures is from June 8 to August 10, 2021.

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

https://campaignfinance.cabq.gov/PublicSite/SearchPages/CommitteeSearch.aspx

From April 17 to June 19, 2021, or 64 days, publicly financed candidates for Mayor must gather 3,779 qualifying donations of $5.00 to secure $661,309.25 in public financing. The 3,774 qualifying donations is based on the city’s registered voters and Candidates are required to collect qualifying contributions from 1% of the registered voters. The $5.00 qualifying donations must come from registers voters who live within the city limits, otherwise the donations are disqualified.

Both Mayor Tim Keller and Sheriff Manny Gonzales are seeking public financing for their campaigns. Two other candidates for Mayor also sought public financing with one dropping out of the race citing difficulty in collecting the $5 donations during the pandemic and another one having only collected 3 donations.

Candidates seeking public funding have until June 19 to obtain 3,779 qualifying $5 contributions to qualify for the $661,309 in public financing. The city’s election code requires the $5 qualifying contributions be paid by the contributor listed on the receipt and not by a candidate’s campaign. The city election code states:

“if the funds are provided by any other person other than the contributor who is listed on the receipt, the qualifying contributions will be deemed fraudulent.”
The link to the City election code is here:

https://www.cabq.gov/clerk/documents/ARTICLEXIII.pdf

The link to the 2021 REGULATIONS OF THE ALBUQUERQUE CITY CLERK FOR THE ELECTION CODE is here:

https://www.cabq.gov/clerk/documents/draft-ec-rules-2021-clean.pdf

ETHICS COMPLAINT AGAINST GONZLAES FILED

On June 6, it was reported that Mayor Tim Keller’s reelection campaign filed an ethics complaint against Bernalillo County Sheriff Manuel Gonzales alleging Gonzales personally told a voter that he did not have to pay a $5 contribution and that he would cover the $5.00 qualifying donation.

The Keller complaint accuses Bernalillo County Sheriff Manuel Gonzales of fraud. According to the affidavit filed, Gonzales and accompanying Sheriff Deputies attended a Salvation Army Advisory Board at their invitation, asked the board members to sign a document saying they had provided a $5 “qualifying contribution” that would allow Gonzales to qualify for public financing. The ethics complaint alleges the Gonzales’ campaign submitted the contribution receipt to the City Clerk’s Office on June 1.

The ethics complaint was accompanied by an affidavit from Dean Zantow, a member of the Salvation Army Advisory Board, who stated Gonzales attended a May 27 board meeting as an invited guest. After speaking to the board, Gonzales and two Deputy Sheriff’s asked board members to sign nominating petition to place Gonzales on the November 2 ballot as a candidate for mayor. Then they were asked to sign donations receipts.

Zantow in his sworn affidavit said he agreed to fill out a receipt showing that he had provided a $5 qualifying contribution, then asked Sheriff Gonzales “Am I supposed to give you $5?” According to the affidavit, Gonzales allegedly stated, “No, that’s OK, we’ll cover that.” Attached to the ethics complaint is a copy of a $5 contribution receipt, dated May 27, signed by both Zantow and Gonzales.

It turns out that Zantow later made a $5 contribution to the Keller campaign when he informed a Keller campaign worker that Gonzales had not required him to pay $5. The campaign worker then alerted the Keller campaign.

GONZALES CAMPAIGN DENIES ALLEGATION

Megan McMillan, a Gonzales campaign official, called the complaint “baseless” and said “neither Sheriff Gonzales nor the campaign covered any contribution.”

https://www.koat.com/article/things-heating-up-in-race-for-abq-mayor/36665928

https://www.krqe.com/video/mayor-keller-files-ethics-complaint-against-bernalillo-county-sheriff/6700378/

https://www.abqjournal.com/2397668/ethics-complaint-accuses-gonzales-of-election-fraud.html

QUALIFYING DONATIONS AND NOMINATING PETITIONS

All candidates for Mayor seeking public financing are given a mere 64 days to collect the 3,779 qualifying donations of $5.00 and the 3,000 nominating petition signatures from Albuquerque registered voters. Collecting the nominating signatures very easy, but not so easy collecting the $5,00 donations because of people’s reluctance to donate to politicians.

The $5.00 qualifying donations are donations made to the city and not the candidates. If a candidate seeking public financing donations does not secure the 3,779 qualifying $5 donations made to the city, all the money reverts to the city. It cannot be kept or given to the candidate that collected the donations.

Candidates that decide to go with private financing as well as measured finance committees for candidates can solicit unlimited cash donations from any source including out of city and state contributions.

With public financing, receipts must be issued by both the donor and the collector of the donation. The receipt requires the donor to certify they are a registered donor and that they are making the donation and soliciting party must also sign the receipt. The original receipt is given to the donor and copies of receipts and the cash are turned into the city clerk’s office for verification.

Once all the 3,779 qualifying donations are turned in, the city transfers the entire $661,309.25 in public financing within 24 hours into the candidate’s campaign bank account.

As a condition to receiving public financing from the City, a public financed candidate must agree to a spending cap not to exceed the amount given and agree not to raise and spend any more cash to financed their campaign.

https://www.petedinelli.com/2018/01/02/2018-year-to-reform-city-public-campaign-finance-laws-revised-article/

PROCESSED $5.00 QUALIFYING CONTRIBUTIONS

As of June 7, City Clerk numbers for Processed $5.00 Qualifying Contributions are as follows:

MAYOR TIM KELLER

Required $5.00 Qualifying Contributions: 3,779
Verified $5.00 Qualifying Contributions: 3,703
Rejected $5.00 Qualifying Contributions: 294
Remaining $5.00 Qualifying Contributions Needed: 76
Percentage of Verified $5.00 Qualifying Contributions: 98%
Remaining $5.00 Qualifying Contributions Needed: 129

SHERIFF MANNY GONZALES

Required $5.00 Qualifying Contributions: 3,779
Verified $5.00 Qualifying Contributions: 2,542
Rejected $5.00 Qualifying Contributions: 216
Remaining $5.00 Qualifying Contributions Needed: 1,237
Percentage of Verified $5.00 Qualifying Contributions: 67%

https://www.cabq.gov/vote/candidate-information/2021-candidates/petition-qualifying-contribution-tally-1

SHERIFF MANNY GONZALES

Required $5.00 Qualifying Contributions: 3,779
Verified $5.00 Qualifying Contributions: 2,542
Rejected $5.00 Qualifying Contributions: 216
Remaining $5.00 Qualifying Contributions Needed: 1,237
Percentage of Verified $5.00 Qualifying Contributions: 67%

Gonzales has collected 2,794 of the required 3,000 signatures, or 93%. Gonzales needs to collect another 206 verifiable signatures, which is highly likely over a 12 full day period.

A problem for Gonzales is that his campaign is struggling to collect the verified $5.00 Qualifying Contributions. The Gonzales campaign has collected 2,542 verified $5.00 Qualifying Contributions or 67%. Gonzales needs to collect another 1,237 donations or at least 106 plus 1 qualifying $5 donations a day for the next full 12 days which is a very daunting task.

If Gonzales does not qualify for public finance, he could declare he will seek private financing and stay in the race but it will be a major setback to his campaign. All the $5.00 qualifying donation Gonzalez has collected are donations made to the city. The Gonzales campaign cannot keep the the donations and the campaign will get no public financing. Gonzales will no doubt ramp up private donation efforts but donors will be reluctant to contribute to both him and a measured finance committee. Another impact of failure to qualify for public finance will be to dry up private contributions to the two measured finance committees set up to promote him.

PROCESSED PETITION SIGNATURES:

As of June 7, following are the City Clerk numbers for Processed Petition Signatures:

MAYOR TIM KELLER

Required Petition Signatures: 3,000
Verified Petition Signatures: 3,542
Rejected Petition Signatures: 503
Remaining Petition Signatures Needed: 0
Percentage of Verified Petition Signatures Met: 100%

SHERIFF MANNY GONZALES

Required Petition Signatures: 3,000
Verified Petition Signatures: 2,794
Rejected Petition Signatures: 442
Remaining Petition Signatures Needed: 206
Percentage of Verified Petition Signatures Met: 93%

https://www.cabq.gov/vote/candidate-information/2021-candidates/petition-qualifying-contribution-tally-1

COMMENTARY AND ANALYSIS

On June 1, candidate for Mayor Manny Gonzales held a campaign event at Revel Entertainment Center in Northeast Albuquerque. About 70 people, including children, had gathered to hear him speak. Before the event was over, a drone with a dildo dangling beneath it flew next to the stage. A man was arrested and booked into jail on charges of petty misdemeanor battery and misdemeanor resisting, evading or obstructing an officer. Gonzales was quick to charge that the Keller campaign had something to do with the incident which the Keller campaign denied. Keller’s campaign manager Neri Olguin went so far as to say that Gallegos was desperate.

Gonzales suggested that the stunt with the drone may have been sent by the rival campaign of Mayor Tim Keller. The Keller’s campaign condemned the stunt as “disruptive, rude and immature” and denied any involvement, but took a swipe at Gonzales when Keller campaign manager Neri Holguin said:

“To suggest we were behind it is pathetic and the kind of desperation that has marked Manny’s troubled campaign.”

https://www.santafenewmexican.com/ap/albuquerque-mayoral-candidate-interrupted-by-sex-toy-on-drone-punched-at-event/article_033ad0ae-592f-510d-bfe5-5fe466c8d583.html

Now we have the Keller campaign filing ethics charges based on one donation essentially alleging wide spread fraud within the Gonzales campaign. The ethics complaint by the Keller campaign against the Gonzales campaign should be taken seriously, but it also reflects a degree of hypocrisy by Gonzales and Keller both. Truth is both Sheriff Gonzales and Mayor Tim Keller are ethically challenged with Keller admonished in the past also involving his current campaign manager Neri Olguin.

ABOVE THE LAW GONZALES

Gonzales essentially presumed and made the allegation that the Keller campaign was behind the sex toy incident without any evidence to back it up. This coming from a law enforcement official who should know you need evidence of wrongdoing.

Candidates for Mayor are required to meet with the City Clerk and the entire process of collecting the $5.00 donations is explained to them. Gonzales knows the $5.00 donations must come directly from donors. One donation however does not make widespread fraud and the city campaign finance auditor needs to investigate and determine how many other donations has the Sheriff name on the receipts and if he in fact advanced the donation. The likely penalty would be invalidating the donation, not the Gonzales candidacy.

If Gonzales did in fact tell the donor he would cover the donation, such an action sends the clear message that Gonzales feels he is above the law. More troubling, if he volunteered to pay the donation and personally sign the receipt, there is an element of fraud upon the donor by misleading the donor to get the donors signature on the receipt or on the nominating petition.

KELLER NO STRANGER TO ETHICS VIOLATIONS

Four years ago when then New Mexico State Auditor Tim Keller ran his successful campaign for Mayor, he was the only candidate out of 8 candidates to qualify for public fiancé. Keller had two separate ethics charges filed against him.

One complaint filed against Tim Keller’s campaign involved the allegation that “cash donations” for political consulting were reported as “in-kind” donations.

The Election Board of Ethics and Campaign Practices ruled that the cash contributions were in fact an ethical violation but that the Keller Campaign acted in “good faith” and there was an “unintentional” violation of the ordinances with the Keller Campaign receiving an admonishment and with no fines.

A second complaint file against the Keller campaign was that the Keller Campaign for Mayor committee was coordinating their campaign and expenditures with ABQ Forward Together. Neri Holguin was the chairperson “ABQ Forward Together”, the progressive measured finance committee that was formed specifically to raise money to promote progressive Tim Keller for Mayor in 2017. “ABQ Forward Together” raised over $663,000 for Keller’s 2017 bid for Mayor as Keller qualified for public financing and given $340,000 for his 2017 campaign for Mayor. In 2009, Neri Holguin was the campaign manager for former State Senator Richard Romero against then Mayor Marty Chavez and RJ Berry. Many believe within the Democratic Party that Romero split the Democratic vote with Chavez resulting in the election of Mayor Richard Berry.

In 2021, Neri Olguin is the campaign manager for Tim Keller’s re-elction bid and another measured finance committee has been set up by Keller supporters. On April 26, one measured finance committees was formed to support Mayor Tim Keller’s bid for a second 4 year term identified as “ BUILD BACK ‘BURQUE”. Chairperson for “Build Back ‘Burque” is Michelle Mayorga, a highly experience progressive fund raiser and treasurer is the former Democrat Party Treasurer Robert Lara.

THE CHALLENGES WE FACE

At this point in time it is obvious that there will be only 2 candidates for Mayor out of the 4 announced, who will make the November 2, ballot. Further, it is more likely than not that Mayor Time Keller will be the only candidate that will qualify for public finance, with Sheriff Manny Gonzales falling far short of collecting the 3,779 qualifying $5.00 donations. It’s a damn shame.

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.

The time frame for privately finance candidates to collect the 3,000 nominating petition signatures for Mayor begins June 8 to August 10. Gathering 3,000 nominating petition signatures is extremely easier than collecting the $5.00 qualifying donations.

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

https://campaignfinance.cabq.gov/PublicSite/SearchPages/CommitteeSearch.aspx

On March 31, in a special session of the New Mexico legislature, the state became the 18 state to legalize recreational cannabis . New Mexico already has a medical cannabis program that has more than 107,000 enrolled patients. The new law takes effect July 1 and sales are to begin no later than April 1, 2022. However, if new regulations are in fact adopted before then, sales can commence moths before the April 1 deadline and that’s no April Fools.

The law legalizes possession of up to 2 ounces of cannabis, or an equivalent amount of cannabis extract. A companion bill enacted will expunge the public records of thousands of New Mexicans convicted of cannabis related possession charges.

Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. According to some reports, legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million.

Duke Rodriguez, president and CEO of Ultra Health, New Mexico’s largest medical marijuana company told lawmakers during legislative committee hearings:

“It’s going to change New Mexico and ways we can’t imagine. … I think we will be a powerhouse, not only within the state, but we have the potential of being a powerhouse not only in this country, but you’d be surprised, we have the ability to also compete internationally.”

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

FIRST PROPOSED REGULATIONS

On Tuesday, May 26, it was reported that the first proposed rules dealing primarily with marijuana producer license and plant fees were released. The link to the regulations is here:

ccd.rld.state.nm.us

The first proposed rules deal with marijuana producer license and plant fees. The drafted rules if adopted will set the cost of both producer and retailer licenses at $2,500 annually. Licenses for cannabis consumption areas, or designated places where adults can smoke, eat or drink cannabis products, would cost $2,500 annually under the draft rule.

The proposed rules call for a 3-tier system for cannabis producer plant limits with a maximum of 4,500 mature plants. Larger-scale producers would be charged higher per-plant fees than smaller producers.

Plant count limits have been the source of controversy with the States “medical marijuana” program with the current limit for licensed medical producers set at 1,750 plants. The 1,750 limit somewhat arbitrary as an attempt to avoid flooding the market with product.

The regulations must be adopted in order to meet the specific deadlines for implementing the law. Those deadlines are as follows:

No later than Sept. 1 – Start accepting and processing license applications from producers.

No later than Jan. 1, 2022 – Start issuing licenses and server permits; begin training and education programs.

No later than April 1, 2022 – Begin retail sales of recreational cannabis.

Regulation and Licensing Superintendent Linda Trujillo said the rules were crafted with input from other state agencies and existing medical cannabis producers. Trujillo had this to say in a released statement:

“… Today’s proposed rules don’t mean the conversation is over. … Through public comment, public hearings and ongoing conversations, we will continue to strengthen these rules to ensure the best possible outcomes. … Our goal would be to take it live with commercial sales before April 1, 2022.”

Depending on the pace of adopting new rules for recreational cannabis industry and court challenges that may slow down the process, recreational cannabis sales could start before an April 2022 deadline in the law enacted.

According to Regulation and Licensing Superintendent Linda Trujillo, the agency is moving quickly to hire top-level staffers for the department’s newly created Cannabis Control Division. Upwards of a dozen positions will be shifted over from the Department of Health once the new law takes effect, Trujillo said.

CONCERNS RAISED OVER REGULATIONS

Duke Rodriguez, CEO and president of Ultra Health Inc. the state’s largest medical cannabis producer, and former NM Health Department cabinet Secretary, expressed concern over the proposed limits and questioned what evidence was used to set the limits on plant growth output. Rodriguez had this to say in a report by the Albuquerque Journal:

“The model being proposed seems to advocate smallness in aspiration and doesn’t reflect the robustness that will be needed to achieve the 11,000-plus jobs and several hundred million-dollar cannabis industry.”

The link to the quoted source material is here:

https://www.abqjournal.com/2394218/recreational-pot-sales-could-fire-up-before-april-deadline.html

RECREATIONAL CANNIBUS LEGISLATION ALLOWS FOR ZONING RESTRICTIONS

Major highlights of the enacted legislation is that local jurisdictions, city and counties, cannot opt out of commercial sales, but can establish restrictions on operating hours and locations.

The legislation gives local governments, city and county governments, some authority to determine where cannabis dispensaries can be located.

The state’s counties will not have the authority to be able to prohibit cannabis sales nor prohibit the licensing of stores. In other words, local zoning rules would have been able to be used to control the number of stores in an area where they the stores could be located. This is identical to zoning restrictions placed on retail stores that sell pornography.

Cannabis establishments can also offer on-site consumption in certain circumstances.

The bill allows people 21 years or older to buy, possess and use marijuana outside the home up to 2 ounces of marijuana. People will be able to buy no more than 2 ounces of cannabis or 800 milligrams of edible cannabis. There are also limits on extracts. It is estimated that sales will generate more than $300 million in revenue for the state.

The state will regulate all sellers and there will be no limits on the number of licenses issued. This is a dramatic departure from the limited number of licenses available in liquor licenses which have a cap based upon population. There will be a cap on the number of plants sellers can grow. Households would be permitted to grow up to 12 mature plants for personal use.

The state would levy a 12% excise tax on sales to start, and the tax would grow to 18% over time. Gross receipts taxes would also be added on, pushing the total tax rate to 20%. There will be a maximum 20% tax on it.

https://www.petedinelli.com/2021/04/01/recreational-cannabis-and-expungement-of-criminal-records-approved-by-new-mexico-legislative-special-session/

ABQ ZONING RESTRICTIONS PROPOSED

Mayor Tim Keller originally requested the City Council enact an amendment to the Integrated Development Ordinance that would limit any marijuana dispensary to operate within 300 feet from any school, daycare, church or residential neighborhood. It is essentially identical to restrictions place on bars and adult entertainment establishments. The proposed ordinance also said they can’t open within 660 feet from any main street. As was orginaly written, the proposed zoning restrictions would have barred cannabis businesses from “main street” areas, which would include Downtown Central, the Nob Hill Central Area, Lomas, Menaul, Candelaria, Juan Tabo, Constitution just to mention a few, and within 300 feet of areas zoned for residential or mixed use.

Republican City Councilor Trudy Jones, who Keller asked to sponsor the legislation, said she wants to make sure that cannabis is being sold in the right areas. Jones put it this way:

“We just want to get ahead of it and make sure that we can make this legal but also safe for the people in the community as possible. … [We want to] just to make it fit in certain areas where it fits and where it would be most used and appreciated.”

Mayor Keller for his part said in a statement that his office is working with Councilor Jones “to begin a conversation on the implementation [of the state’s new recreational cannabis law].

“With only one chance each year to adjust the [Integrated Development Ordinance], we’re glad that Councilor Jones is addressing key issues for neighborhoods across our city. ”

KELLER ADMINISTRATION MODIFIES ORGINAL PROPOSAL AFTER INDUSTRY CONDEMNATION

The proposed zoning is allowed by the state statute legalizing recreational marijuana, but there was swift condemnation by the industry of the Mayor’s proposed changes to the Integrated Development Ordinance (IDO). Advocates for the cannabis industry said the change to the IDO will apply the same restrictions to cannabis dispensaries that now apply to strip clubs and adult bookstores. The ordinance would also require dispensaries to put 21 and over on all of their signs and prohibit them from using the marijuana leaf on any signage.

The New Mexico Cannabis Chamber of Commerce, a cannabis industry trade group, wrote to Keller warning that his proposed zoning restrictions would have “unintended consequences” on business and the letter said:

“As written, the zoning amendments would preclude more than half of the current cannabis businesses – cultivators, manufacturers and retailers – in Albuquerque from participating in the adult use market.”

Ben Lewinger, executive director of the New Mexico Cannabis Chamber of Commerce, also had this to say:

“I don’t understand any reason for the rules. … They don’t seem to increase safety. It just seems to increase the stigmatizes of cannabis. … Based on the [proposed zoning change] … it is pretty hard to find a place this far away of the school, this far away from a daycare. These zoning changes would force them to move all of the facilities and not just the dispensaries but grow operations, manufacturing facilities all of the parts that go into making cannabis products.”

The link to quoted source material is here:

https://www.abqjournal.com/2393884/abq-proposal-would-limit-where-pot-can-be-sold-ex-call-to-bar-recreational-cannabis-merchants-from-main-street-areas-2.html

On June 2, it was reported that the Keller Administration has modified the zoning proposal that would have heavily restricted where the legalized recreational marijuana market could operate in Albuquerque. It turns out that the first proposal was rushed because the city has only one opportunity per year to update its zoning code. The yearly updating of the comprehensive zoning code was already underway when state lawmakers in April voted to legalize recreational cannabis.

Keller’s initial proposal would have blocked new shops from opening in Nob Hill and areas of Downtown and limited opportunities in mixed-use zones. According to the Keller Administration, the original proposal was based largely on other communities around the U.S. that have already legalized recreational marijuana and the frameworks they have instituted.

On June 2 after objections by the industry were raised, the Keller Administration released an updated proposal. The new proposal from the Keller administration would:

Prohibit cannabis dispensaries on the five roads designated as “Main Streets,” which include much of Central Avenue and parts of Fourth, Broadway, San Pedro and Bridge, where considerable public money has been spent on revitalization.

Allows cannabis storefronts on side streets from the identified main streets reversing the original proposal barring them for 660 feet off the main streets.

Cannabis dispensary licensing application proposed within 300 feet of a residential mixed-use zone would be required to get “conditional use” approval through a public hearing.

Mandates 1,000 feet between cannabis retail businesses.

Time of operation for all retail sales dispensaries would be limited to 7 a.m. to 10 p.m.

Off-premise, roadway signs would be prohibiting. State law allows signs of any size on the actual buildings.

All of the 47 current medical cannabis dispensaries in Albuquerque will be grandfathered in even if they become a recreational cannabis retail site regardless of what zoning is put in place.

The link source material is here:

https://www.abqjournal.com/2396266/mayor-loosens-cannabis-shop-zoning-proposal.html

COMMENTARY AND ANALYSIS

Mayor Tim Keller and his administration were short cited when they attempted to restrict a new industry from opening within 660 feet from any main street. Likewise, the industry overreacted to the initial proposal. The industry needs to recognize the city has the exclusive authority to decide locations.

NIMBY

It’s likely the recreational cannabis industry will be subjected to the NIMBY syndrome. NIMBY stands for “Not In My Back Yard” relating to proposed projects, businesses and zoning changes opposed by home owners, property owners, and business owners. Four of the biggest issues that generate public outcry by neighborhoods are the adult entertainment industry including pornography stores, homeless shelters, methadone clinics, and even establishments that sell liquor such as convenience stores and gas stations.

The city over the years has dealt with and been forced to close down violent bars that became magnets for crime and violent crime. It is conceivable that a retail cannabis store will be a target for criminals. At this point in time, no one knows for sure what direct impact recreational marijuana retail stores will have on any business or residential area and schools.

Both the city and the recreational cannabis industry are at a crossroads. They need to work together with zoning restrictions that will in fact ensure that the new industry can coexist with neighborhoods without creating nuisance businesses that create magnets for crime and contribute to loitering, public impairment and panhandling. The modified zoning changes take the similar approach the city uses as to liquor licensing and the industry should not object to that approach.

A few zoning requirements that need to be included for all recreational cannabis businesses and the issuance of a license to do business in the city that will prevent them from becoming magnets for crime would include:

1. Security cameras and uniform security personnel.
2. Mandatory background checks and periodic drug testing of all employees as a condition of employment.
3. Storage of all product in secured areas reducing access after hours of operation, such as used by jewelry stores to prevent thefts.
4. Mandatory nuisance abatement agreements before the city issues a license to do business where the business owner agrees to take remedial measures in the event the business reaches a level of calls for service as a result of criminal activity.

There is little doubt that New Mexico has the real potential to be “a production juggernaut” and a magnet for tourists and cannabis users from Arizona and Texas, both states that have yet to legalize.

Both the city and the industry need to think broadly about the future of New Mexico’s marijuana industry. The decisions made now as to zoning restrictions before state regulations are even adopted will have unintended consequences if not careful.

_________________________

POSCRTIPT

KRQE NEWS SURVEY ON PEOPLE FEEL ABOUT MARIJUANA LEGALIZATION

On May 16, KRQE News 13 posted on its web page a survey taken to gauge how people feel about marijuana legalization and marijuana-related expungement. The report was written by KRQE News reporter Curtis Segarra.

The report was very extensive and one of the most detailed seen in some time. More than 600 people responded to the survey including people that have consumed cannabis and those who have not. The report contains numerous supporting colored bar graphs for review. The link to the report with all the graphs and data is here:

https://www.krqe.com/news/new-mexico/krqe-survey-results-how-are-people-feeling-about-marijuana-and-expungement/

According to the report, a whopping 99.35% or respondents were aware of the new law while less than 1% or a mere 0.65% were not aware.

WRITTEN TEXT OF THE KRQE REPORT

Following is the full written text of the report:

“The survey asked users to rate the threat that marijuana, alcohol, prescription drugs, and methamphetamines pose to safety in New Mexico. Of the 607 people who answered the question, only about 17% thought marijuana posed an extreme threat. Nearly half of respondents, on the other hand, thought that alcohol posed an extreme threat, and roughly a quarter of people thought that prescription drugs were an extreme threat. Methamphetamines, unsurprisingly, were rated as an extreme threat by more than half of the survey-takers.

When it comes to safety, responses were split on whether or not survey-takers thought the legalization of cannabis will increase marijuana use among kids. A fifth of respondents indicated that they didn’t know if it would affect use among kids. Respondents seemed to have a better idea whether legalization would benefit the economy. Just over 70% of respondents said it would be an economic boost.”

CRIMINAL RECORD EXPUNGEMENT

The survey also asked about marijuana-related expungement. Almost 70% of those surveyed said they were in favor of removing marijuana-related charges and arrests from people’s records. Of those in support, over 80% think there should be no criminal punishment for using marijuana and about 66% think expungement helps people get jobs. Among those that do not support expungement, almost 70% think that once someone gets a criminal record, they shouldn’t be able to change it.

Regardless of the survey results, the New Mexico legislature has already spoken and the state is starting to implement the new laws. For expungement, the review and dismissal of sentences will be at no cost to incarcerated folks, implying that taxpayers will have to carry the estimated $500,000 cost to implement the new law.