The December 7 run off in City Council District 7 is between Democrat Tammy Fiebelkorn running against Republican Lori Robertson. District 7 is the Mid-heights including Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. City Council District 7 at one time was City Council District 5 before the city council districts were realigned. Pete Dinelli was the city councilor for the area at one time and invited Tammy Fiebelkorn to submit a guest column as a sign of support by this blog for distribution on her behalf. Following is her guest column, unedited and in her own words:

TAMMY FIEBELKORN IN HER OWN WORDS

“I’m Tammy Fiebelkorn, and I’m running for Albuquerque City Council because I care. I care about the environment, I care women’s rights, equality, unions, workers, public safety and community health. I believe in social justice and want to make sure every decision made by City Council is looked at through an equity lens.

I know what it’s like to struggle and have to decide whether to pay the rent or the utility bill. I believe we all need to take care of one another. My Republican opponent has already attacked me in a mail piece and has the backing of an enormous PAC, funded by real estate development and big oil interests. I hope I can count on your support because we have a lot to do, District 7. I invite you to find out more at www.tammyforalbuquerque.com and I ask for your support.”

DINELLI COMMENTARY AND ANALYSIS

The December 7 runoff ballot for District 7 consists solely the listing of two names, and nothing else is on the ballot. It is expected that the voter turnout will be dramatically lower. To complicate things is that the city council races are nonpartisan by state law and therefor party affiliation will not be delineated on the ballot. It is common knowledge amongst political insiders that Republican Lori Robertson is a very right-wing Republican Trump supporter.

Tammy Fiebelkorn has no problem at all identifying herself as a Democrat on her campaign materials. Lori Robertson on the other hand avoids stating her party affiliation on campaign materials as she uses the old misleading Republican ploy of not identifying her party affiliation in predominantly Democrat City Council Districts to vote for her saying that municipal elections are “ non-partisan and you should vote for the person and not the party.”

Robertson is relying heavily on Republican Party financial support, volunteer work and two Republican measured finance committees. Republican Lori Robertson has a distinct financial advantage over Democrat Tammy Fiebelkorn. Healthy Economies Lead to Progress, the measured Finance Committee established to promote and support Republicans filed its Runoff Finance statement for the time period of October 30 to November 5 reporting it has a closing balance of $87,864.62 for the reporting period it can use for the City Council runoff election.

Link to related blog articles are here:

Runoff City Council Candidates Abandon Public Finance To Rely On Private Finance Donations; Follow The Republican Money; Links to Donate To Democrats

Der Führer Trump Republican Party Crawls Out Of Woodwork To Try And Flip ABQ City Council; Democrats Waking Up To A New Reality; What To Expect If Republicans Succeed On December 7

It was in 2016 that New Mexico voters approved a constitutional amendment that largely eliminated the former system of money bail bonds. The bail bond system was severely defective because it kept nonviolent offenders in jail until trial because they could not afford to post bail.

BAIL BOND REFORM EXPLAINED

On November 8, 2016, the “New Mexico Denial of Bail Measure” was approved by New Mexico voters by a landslide vote. The Constitutional Amendment amended the New Mexico Constitution to change the conditions under which a defendant can be denied bail and not released from custody pending trial. The Constitutional Amendment was designed to retain the right to pretrial release for “non-dangerous” defendants.

Before passage of the amendment, a defendant’s bail and release from jail pending trial on charges could be denied:

1. Only for a defendant charged with a capital felony, or
2. A defendant has two or more felony convictions or
3. A defendant is accused of a felony involving the use of a deadly weapon if the defendant has a felony conviction in New Mexico.

The adopted amendment changed these requirements, allowing bail to be denied to a defendant who has been charged with a felony only if the prosecutor can prove to a judge that the defendant poses “a threat to the public.”

The adopted amendment also provides that a defendant who is not a danger to the community or a flight risk cannot be denied bail solely because of the defendant’s financial inability to post a money or property bond.

https://votesmart.org/elections/ballot-measure/2076/a-joint-resolution-proposing-an-amendment-to-article-2-section#.XNyEJo5KiUk

The passage of the amendment allows the courts to deny bail to a defendant charged with a felony if a prosecutor shows evidence that the defendant poses a threat to the public, while also providing that a defendant cannot be denied bail because of a financial inability to post a bond. Had the amendment failed, the bail bond system would have remained intact thereby keeping the state’s specific requirements that bail could be denied to a defendant charged with a felony if the defendant also had prior felony convictions in the state resulting in a defendant being confined in jail pending trial.

https://ballotpedia.org/New_Mexico_Changes_in_Regulations_Governing_Bail,_Constitutional_Amendment_1_(2016)

The final vote was 87.23%, with 616,887 voting YES and 12.77%, with 90,293 voting NO.

PROSECUTION OPPOSITION

District Attorneys throughout the state argued the changes to the bail bond laws, as well as rules imposed by the New Mexico Supreme Court, made it way too difficult for them to do their jobs and prove to a judge that a defendant poses a threat to the public justifying that a violent felon be denied bail and be held in custody pending trial. As crime rates increased judges were accused of allowing “catch and release of violent felons”.

Prosecutors and law enforcement across the state repeatedly slam judges and the court system for letting out those accused of violent felonies, particularly when they re-offend. They know damn well that judges are bound by the Code of Judicial conduct and no judge can comment and defend themselves on any pending case or even make any kind of an attempt to publicly defend themselves in the court of public opinion.

In August, 2021, District Attorney Raul Torrez, Mayor Tim Keller and APD Chief Medina, severely criticized judges after a homicide suspect escaped from a halfway house by cutting off his ankle bracelet. He was later arrested without incident. All 3 have been joined by the Governor to support a “rebuttable presumption against release” in crimes including first degree and second-degree murder, voluntary manslaughter, and sexual exploitation of children.

DA RAUL TORREZ LEADING ADVOCATE

On October 6, it was reported that Democrat Bernalillo County District Attorney Raul Torrez appeared before the Albuquerque Economic Forum to criticize the criminal justice system and proclaim that New Mexico has failed voters when it comes to bail bond reform.

EDITOR’S COMMENT: Albuquerque Economic Forum has been around for decades and many members consider themselves the “movers and shakers” of the business community. The Economic Forum is decisively Republican contributing to Republican candidates and usually oppose democrats and oppose minimum wage increases, unions and supporting right to work laws.

District Attorney Torrez told the Economic forum that he supports and is seeking support for legislation in the upcoming 2022 New Mexico legislature that would make it easier for judges to hold people awaiting trial for violent crimes such as murder and criminal sexual penetration. Torrez argued that the result is that violent offenders who use a firearm are released from jail while awaiting trial only to offend again before trial.

Torrez had this to say:

“I actually lose more detention cases when there’s a firearm involved than when a firearm is not involved. … It’s one of the more bizarre aspects of the system that we’ve created. … If you are in a community that is being rocked by gun violence, you should weigh heavily the presence of a firearm in making a detention decision.”

In support of his arguments, DA Torrez offered data statistics prepared by his office from January 2017 through September 2021 showing that judges were less likely to grant motions for pretrial detention in cases that involve a firearm. The statistics Torrez presented reveal in cases of people charged with a violent crime, state judges granted 51.7% of detention motions, but in violent crime cases involving a firearm, judges granted only 49.3% of motions.

DA Torrez told the Economic Forum that the New Mexico courts have been a failure in implementing bail bond reform. He said the intent and purpose of the constitutional amendment that gives judges authority to hold defendants awaiting trial if they are deemed a risk to public safety is simply not happening.

Torrez’s proposed legislation would create a “rebuttable presumption against release” in first- and second-degree murder cases, voluntary manslaughter, criminal sexual penetration and certain crimes against children. What Torrez failed to disclose was that what he wants is to shift the “burden of proof” from the state prosecutors who must now show that a charge defendant is dangerous and shift it to the defendant to show that he or she is not a danger and should be released pending trial.

Governor Lujan Grisham and Mayor Tim Keller have joined Torrez and many other DA’s in the state to support a change in the law during the 2022 legislative session.

The link to quoted source material is here:

https://www.abqjournal.com/2435942/da-rallies-support-for-tightening-pretrial-detention.html

NOT THE FIRST TIME

This is not the first time that District Attorney Raul Torrez has attempted to shift the burden of proof in criminal prosecutions. He did so 3 years ago when he advocated a constitutional amendment to change the bail bond reform laws. It is also not the first time that Torrez has criticized the courts.

When DA Raul Torrez ran for Bernalillo County District Attorney the first time, he said our criminal justice system was broken and campaigned successfully saying he was the guy that could fix it. After being elected the first time, Torrez had his office prepare a report on the statistics regarding the number of felony cases that were being dismissed by the District Court. Torrez accused the District Courts of being responsible for the rise in crime and releasing violent offenders pending trial. The main points of the DA’s 2016 report were that defense attorneys were “gaming” the systems discovery deadlines, refusing to plead cases, demanding trials or dismissal of cases when not given evidence entitled to under the law.

The District Court did their own case review of statistics and found that it was the DA’s Office that was dismissing the majority of violent felony cases, not the courts. . Data given to the Supreme Court by the District court revealed overcharging and a failure to screen cases by the DA’s Office contributes to a combined 65% mistrial, acquittal and dismissal rate.

https://www.abqjournal.com/1318399/da-to-unveil-new-pretrial-detention-proposal-ex-some-defendants-would-have-to-prove-they-should-be-released-pending-trial.html

Torrez has also accused the District Court and the Supreme Court’s case management order (CMO) for being the root cause for the dramatic increase in crime and the dismissal of cases. The Supreme Court issued the order mandating disclosure of evidence within specific time frames and to expedite trial. Torrez challenged the case management order before the New Mexico Supreme Court and also took action against an individual judge claiming the judge was requiring too much evidence to prove that a defendant was too violent to be released with bond.

DA TORRRZ HAS 65% COMBINED DISMISSAL, ACQUITTAL AND MISTRIAL RATES

In mid-2015 the Bernalillo County 2nd District Court began shifting from grand jury use to implementing “preliminary hearing” schedule. Raul Torrez was sworn in as District Attorney on January 1, 2017 and from day one he opposed the shift to preliminary hearings. District Attorney Raul Torrez and Albuquerque Mayor Tim Keller wrote a joint letter to the New Mexico Supreme Court requesting it to intervene and stop the plans of 2nd Judicial District Court (SJDC) to shift away from the use of grand jury system to a preliminary hearing system.

https://www.kob.com/albuquerque-news/da-wants-nm-supreme-court-to-review-grand-jury-changes/5012558/?cat=500

The District Court provided an extensive amount of statistics, bar graphs and pie charts to the New Mexico Supreme Court to support the decision to shift from grand jury hearings to preliminary hearing showing it was necessary. The statistics revealed the Bernalillo County District Attorney’s Office under Raul Torrez had a 65% combined dismissal, acquittal and mistrial rate with cases charge by grand juries. The data presented showed in part how overcharging and a failure to screen cases by the District Attorney’s Office was contributing to the high mistrial and acquittal rates. The Supreme Court responded to the Torrez-Keller letter refusing to intervene but urging District Attorney Torrez to work with the Bernalillo County Criminal Justice Coordinating Council (BCCJCC) to resolve his concerns about ongoing cuts to the grand jury system

TORRES CHANGES HIS SONG AND DANCE, BUT MEANS THE SAME

On October 10, Bernalillo County District Attorney Raúl Torrez gave a presentation to the Greater Albuquerque Chamber of Commerce making his case to keep more people accused of violent crimes behind bars. Torrez changed his tune from saying the “criminal justice system is broken” to now saying the “state’s pretrial detention system is broken.”

Torrez told the Greater Albuquerque Chamber of Commerce:

“My biggest goal is to get pretrial detention addressed and fixed. … The presence of a firearm actually lowers the rate at which we are successfully detaining people. Let me say that again, the presence of a firearm statistically lowers the rate of detention for individuals that we move to detain . .. That defies common sense, that defies basic logic.

Now, much has been made and there have been studies produced by the Administrative Office of the Courts, in an attempt to make the case that this system is working very well. .. But, more importantly and more troubling, is the assertion that only 5% of the individuals, who’ve been arrested, have been arrested on new violent offenses are therefore are not committing new crimes.
Relying on that statistic to make a claim that ‘the system is working’ hides a very important truth.”

Torrez pointed to national crime statistics that show most crimes, even violent crimes, do not get charged and he told the Chamber of Commerce:

“The court would have you believe that because individuals in our universe haven’t been arrested for those crimes, that they aren’t responsible for them, but that’s not a claim that any credible criminologist or statistician could reasonably make.”

https://www.kob.com/albuquerque-news/da-torrez-my-biggest-goal-is-to-get-pretrial-detention-addressed-and-fixed/6297202/?cat=500

COURTS RESPOND

The New Mexico judiciary is strongly disputing critics like Torrez who are advocating “rebuttable presumption against release” pending trial and citing research that shows only a small minority of defendants commit crimes while free pending trial.

On September 15, the Administrative Office of the Courts issued the results of a report to take sharp issue with recent proposals to change the bail bond system. The study was conducted by the University of New Mexico (UNM). The report supports the proposition that the existing system does not endanger the public. The UNM study reviewed 10,289 Bernalillo County felony cases from July 2017 to March 2020 in which defendants were released from jail while awaiting trial. The statistical findings were decisive and reported as follows:

Of the cases analyzed, only 13 were arrested for a first-degree felony while on pretrial release, or about 0.1% of the total.

19% of felony defendants released from jail pending trial, 1,951 of 10,289, were arrested for new criminal activity during the pretrial period. Most of those arrests were for fourth-degree felonies and misdemeanors, including property, drug and violent crimes.

Fewer than 5% of defendants, or up to 480, released pretrial were arrested for new violent crimes. Of the cases analyzed, 95.3% were not arrested for violent crimes during the pretrial period.
Artie Pepin, director of the Administrative Office of the Courts, had this to say about the study:

“The evidence from research clearly shows that the great majority of people released pending trial are not committing new crimes. … Objective research validates the pretrial justice improvements under way in New Mexico. Blaming judges and courts for crimes highlighted in news accounts does nothing to make anyone safer.”

Not at all surprising is that Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association had this to say about the “rebuttable presumption against release”:

“That basically means [the Governor, the Mayor and DAs] are sacrificing … constitutional rights for their own political career. … We continue to ask the Legislature to make sure whatever decisions are made are based on evidence and not some kind of knee-jerk reaction, because that does not make the problem better. … That’s the same thing that we need to ask of our leaders on this situation.”

The link to quoted source material is here:

https://www.abqjournal.com/2429583/courts-pretrial-release-doesnt-fuel-violent-crime.html

A SHIFT IN PUBLIC OPINION

Over the last 5 years since the passage of bail bond reform there has been a dramatic shift in public opinion and public demand that those accused of violent crimes be detained without bond, at least that is the case in the city of Albuquerque.

On October 29, the Albuquerque Journal released a poll conducted as part of its 2021 election coverage. One line of polling related to changes to the bail bond system. The highlights of the poll as reported by the Journal are as follows:

“A large majority of Albuquerque voters support changes to state law that would make it easier for people accused of certain crimes to be held in jail until trial …

Support strengthened with each successive age group, with 81% of voters 65 and older expressing support, and just 5% opposed.”

https://www.abqjournal.com/2441587/most-voters-favor-tougher-pretrial-detention-laws.html

COMMENTARY AND ANALYSIS

According to advocates of a rebuttable presumption, the cases where a defendant would be required to show they do not pose a threat to public and should be released pending their trial would include “the most violent and serious cases”. Those cases would include murder, first-degree sexual assault, human trafficking, first-degree robbery, crimes involving a firearm and defendants who are on supervision or parole for another felony. Such a shift of burden of the burden of proof could conceivably require a defendant to take the stand during a detention hearing before their trial and waive their 5th Amendment Constitutional Right against self-incrimination.

The biggest problem with “rebuttable presumption” being advocated by DA Torrez and others is that it undermines and is an affront to the most basic constitutional right guaranteed by the United States constitution which is the presumption of innocence until proven guilty “beyond a reasonable doubt”. Further, in our criminal justice system, both state and federal, it is the prosecution that has the burden of proof to present evidence to convict a person. The rebuttable presumption shifts the burden of proving dangerousness from the prosecution to the defendant accused of certain crimes to show and convince a judge that they should be released on bond with conditions of release pending their trial on the charges.

https://www.abqjournal.com/1318399/da-to-unveil-new-pretrial-detention-proposal-ex-some-defendants-would-have-to-prove-they-should-be-released-pending-trial.html

The criminal justice system is only as good as those responsible to make it work. When stakeholders such as District Attorney Raul Torrez say the criminal justice system is broken, they are refusing to admit they are the cause of the crisis. They are failing to do their jobs in an effective, competent manner endangering public safety.

The DA’s office currently has the highest voluntary dismissal rate in its history, and plea agreements with low penalties are the norm. Now that Torrez is running for New Mexico Attorney General, he is once again reverting back to his old habits of criticizing the courts to gain a political advantage. Making a presentation before the Economic Forum was nothing more than a pathetic attempt to fund raise by once again attacking the courts, especially when he fails to make a full disclosure of what he is really up to which is to make his job a lot easier by shifting the burden of proof in criminal cases to the defense.

In the context of “rebuttable presumption of being violent” to hold an accused pending trial, it would be wise to remember the words of Benjamin Franklin:

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

A link to a related blog article is here:

https://www.petedinelli.com/2021/09/27/its-not-a-broken-criminal-justice-system-but-the-failure-of-stakeholders-to-do-their-jobs-metro-crime-initiative-announces-40-point-action-plan-to-red/

In 2016, a video went viral on the internet when a high school student endured very friendly harassment for his stylish dress attire by his best friend who yelled the phrase “Damn, Daniel! Back at it again with the white Vans.”

https://www.youtube.com/watch?v=kfFcyTuopbI

With the November 2 election of Dan Lewis to the City Council, we can all say “Damn Daniel, Lewis back at it again with the failed leadership!”

On November 3, the Albuquerque City Council passed a 5 page “memorial” on a unanimous bi partisan 9-0 vote that reestablishes the Albuquerque City Council’s commitment to bringing down the city’s spiking violent crime rates.

City Councilor Elect and City Councilor retread extraordinaire Dan Lewis, was asked to comment about the city council memorial. Lewis said fixing our crime issues will all come down to “leadership” and he had this to say:

“We have more money than we’ve ever had before so it’s not about revenue. … It’s about good leadership and making good choices. We need to support our police officers.”

https://www.kob.com/albuquerque-news/albuquerque-city-council-recommits-to-end-crime-drivers/6290668/?cat=500

CITY COUNCIL “MEMORIAL” RECOMMITS TO END CRIME DRIVERS

A “memorial” enacted by the Albuquerque City Council is loosely defined as an acknowledgement or statement of facts followed by a commitment of the city council to make an effort do something or make recommendations that something be done. A memorial is strictly a symbolic effort. A memorial does not bind the city nor mandate action. It is intended as an expression of the council’s position on any given subjected.

SUMMATION OF CITY COUNCIL MEMORIAL

The city council memorial describes in City Council “WHEREAS” language what is occurring in the city involving violent crime, the increasing homicides, the criminal justice system, the need for pre-prosecution programs, the need to detain, prosecute and hold violent criminals accountable for their crimes. The memorial also outlines the bail bond reforms enacted by voters and the need to honor constitutional rights and the presumption of innocent until proven guilty. The memorial goes on to advocate the need for bail bond reform to allow the retention of people charged with violent crime until trial stating “the community has endured horrific tragedies at the hands of felons in possession of handguns” including the killing of two police officers.

The memorial highlights the New Mexico’s Attorney General proposal of “holistic approach to remove systemic gaps in intervention and prevention within the criminal justice system that allowed the release of dangerous individuals from detention without adequate monitoring. The memorial also highlights programs that Mayor Keller has initiated to bring down violent crime including the Metro Crime Initiative which produced 40 action items to close gaps in the criminal justice system.

“ENCOURAGING AND URGING”

The City Council Memorial encourages and urges the following actions be taken:

The Council urges that personnel be exclusively dedicated to a 24/7 comprehensive GPS tracking monitoring system so that interested parties are notified immediately when a monitored person absconds.

“The Council urges the Governor to support legislation, which holds accountable individuals who use firearms in the commission of violent, and property crimes through sentencing weighted toward the higher range of possible prison time.”

The link to full unedited “memorial” and a news source is here:

https://cabq.legistar.com/LegislationDetail.aspx?ID=5126401&GUID=AEB073F5-2160-46EB-9535-1188D420C040

https://www.kob.com/albuquerque-news/albuquerque-city-council-recommits-to-end-crime-drivers/6290668/?cat=500

A POLICE DEPARTMENT FAILING IN SIX CORE SERVICES

Instead of the City Council taking the time to pass a memorial essentially asking other government agencies to take action, their time would better used in dealing with a failing Albuquerque Police Department. The Albuquerque City Council plays a critical role in overseeing the Albquerquerqu Police Department and its budget. APD is the largest budgeted department in the city. APD’s approved general fund operating 2022 budget is upwards of $222 million. The 2022 approved APD operating budget has funding for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions. The city council has done very little over the last 12 years to exert its budget and oversight authority over APD. The city council has failed to demand results, especially when it comes to performance measure and to the Department of Justice (DOJ) mandated reforms.

APD provides six core services: Patrol, Community Policing, Special Operations, Dispatch, Investigations and Support Services. The performance measures in all 6 core service categories are absolutely critical to determine if APD is in fact performing the services at the highest level achieved from the previous year. APD performing the 6 core services at the highest level will have a direct impact on crime.

APD’s performance measures are essential for the City Council to understand fully the shortcomings and strengths of APD and make critical budget decisions. Without such statics, budget review and decisions are done in the dark and in a real sense become useless, become an exercise in futility and the city council is relegated to rubber stamping whatever budget is presented to them.

The 2021-2022 APD City Council adopted budget reflects that APD is seriously failing in its 6 core services based on the performance measures provided by the department. The link to the 2021-2022 approved budget is here:

Under the core service of PATROL there are 11 performance measures listed. There are no statistics provided in 7 of the 11 measures for the fiscal years 2019, 2020 and 2021. There are no statistics for response times for priority 1 calls answered within 10 minutes, and no response times for priority 2 and 3 calls. No statistics are provided for the years 2019, 2020 and 2021 as to the percentage of use of force incidents that met policy standards. No statistics are provided for2019, 2020 and 2021 Traffic Enforcement DWI checkpoints. The statics are “redacted” with a gray box area.

Under the core service of COMMUNITY POLICING, there are only 2 performance measures and they are: 1. Problem-Oriented Policing (POP) Projects and 2. Community Engagement Activities Officers Participated. There are absolutely no statistics provided for fiscal years 2019, 2020 and 2021. There are 25 Problem-Oriented Policing (POP) Projects that are targeted for 2022 and 950 Community Engagement Activities by Officers targeted for 2022.Virtually all of APD’s Community Policing Measures in the 2 measures listed are “redacted” with a gray box area.

Under the core service of SPECIAL OPERATIONS, there are only 2 performance measures of “Tier Level (1-4): FEMA and National Tactical Officers Association (NTOA) certification” and “# monthly hours of tactical training per Special Operations officer”, with absolutely no statistics provided for fiscal years 2019, 2020 and 2021. The performance measures listed are “redacted” with a gray box area.

Under the core service of DISPATCH, there are 4 performance measures and with no statistics provided on calls answered within 15 seconds with the national standard being 90% and calls answered within 20 seconds with the national standard of 95%.

Under the core service of INVESTIGATIONS, there are 7 performance measures in the general category of “Solving Crime”, with no clearance rates provided for crimes against persons (e.g., murder, rape assault), no clearance rates provided for crimes against property (e.g., robbery, bribery, burglary) and no clearance rates provided for crimes against society (e.g., gambling, prostitution and drug violations) for the fiscal years 2019, 2020 and 2021. The performance measures listed are “redacted” with a grey box.

Under the core service of INVESTIGATIONS, homicide clearance rates are provided. In 2019, APD had a homicide clearance rate of 57%, in 2020 the homicide clearance rate was 53%, and in mid-year 2021, the homicide clearance rate was a very disappointing 37%.

The 2021-2022 proposed budget performance measures show APD is down by the thousands in Felony Arrests and Misdemeanor Arrests for the years 2019 and 2020. This reflects the department is not doing its job of investigating and arresting people. APD felony arrests went down from 2019 to 2020 by 39.51%, going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%. APD’s homicide unit has an anemic clearance rate of 36%.

Under the core service of SUPPORT SERVICES, there are 9 performance measures, with the most serious being the 4 crisis intervention measurements. No home visits by the Crisis Intervention Unit are provided for the years 2019, 2020 nor mid-year 2021. The performance measures listed are “redacted” with a grey box. No Crisis Interventions for individuals assisted through the Crisis Intervention Unit are listed for the years 2019, 2020 nor mid-year 2021. The performance measures listed are “redacted” with a grey box.

(2021-2022 APD Budget, pages 150, 151)

The link to the 2021-2022 adopted budget is here:

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

VIOLENT MOTELS

According to news reports over the past few months, more and more violent crimes and homicides are occurring at motels. In 2020, there were zero motel homicides. Since the beginning of 2021, there have been at least 11 homicides that have occurred at hotels and motels. There are a handful of metro hotels and motels where murders are occurring on a regular basis and it is on an upward trend. One area in particular that has been identified by the city as very problematic involves five locations off Hotel Circle near Eubank and I-40.

In August, KRQE News 13 looked at how often first responders were being called to a handful of metro hotels and motels. Call sheets for a time span from 2019 to 2021 for five locations off Hotel Circle near Eubank and I-40 were reviewed. The call sheets reviewed revealed Albuquerque Fire Rescue alone responded to 406 calls to the 5 hotels. Half of the calls were to one motel in particular. Emergency calls for police were much higher. APD had 2,554 calls to those same five hotels in the past three years. About half of their calls were also to the same motel.

During an August 3 press conference, Mayor Tim Keller and APD Chief Medina said they’re working on plans to curb violent crime in the city but said they were seeing a pattern. Keller had this to say at the time:

“The majority of homicides in Albuquerque are very specific. … They’re tied to drugs, they’re tied to guns and they’re tied to motels and they happen from midnight to five am and they usually involve males between 25 to 35.”

The links to news source material are here:

https://www.kob.com/albuquerque-news/albuquerque-sees-uptick-in-homicides-at-hotels/6074374/

https://www.krqe.com/news/crime/records-show-high-amount-of-apd-emergency-calls-are-at-motels-hotels/

Violent and problem motels across the city have always been very problematic for the city when it comes to calls for service, murders and drug dealing. At one time the city took aggressive action against motels to declare them “nuisance” properties and force them to take remedial actions in the form of security measures and included requiring back ground checks on long term occupants. Code enforcement action from 2005 to 2009 was taken against more than one of the motels where the 11 murders have taken place this year.

From 2005 to 2009, 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.
In 2019, Mayor Tim Keller completed the elimination of the Safe City Strike Force that was begun by Mayor Berry. Keller defunded replaced the Safe City Strike Force with the his ADAPT program which is a water down version and low key approach to dealing with nuisance properties such as motels.

COMMENTARY AND ANALYSIS

Lewis’ comments about the memorial enacted reflect that he has learned absolutely nothing during the last 4 years he has been off the city council. Lewis is “back at it again” with failed leadership dogma. Simply put, it’s never been about the money. It’s not about supporting our police. It has everything to do with holding APD sworn police accountable for failing to do their jobs to keep the city safe and its citizens safe.

When Lewis says “We need to support our police officers”, he speaks the typical, hollow Republican philosophy of supporting law enforcement to garner favor with law enforcement. His actions have been contrary to supporting law enforcement. Lewis forgets when he was on the city council he had no problem with the Republican Berry Administration refusing to honor an increase in police hourly pay as a means of combating a deficit. Lewis also voted to “defund the police” when he voted to reduce the funding of APD sworn police officer from 1,100 to 1,000 sworn police. Over the 8 years Lewis served on the City Council, the number of APD sworn officers dropped from 1,100 sworn police officers to 856, yet little was ever said nor heard from Lewis to hold the Berry Administration accountable for a deteriorating APD and the mismanagement of APD. Lewis never once questioned the leadership of Berry’s appointees former APD Chief Ray Schultz and Republican political operative APD Chief Gordon Eden. Lewis himself watched the city’s violent crime rates spike for a full 8 years under his watch, even when he was City Council President.

Lewis to this day often likes to take credit for bringing the DOJ to the city with his sponsorship of a resolution enacted by the City Council. The truth is Lewis had very little to do with or nothing at all to bring the Department of Justice to the city. The DOJ was brought to the city because minority community stakeholders who had been victimized by APD lobbied aggressively and effectively to get the DOJ to come to the city. Even as a City Councilor, Lewis did not attend a single federal court hearing on the Federal Monitor’s reports to find out what APD’s position was on the monitor’s reports.

THE MEMORIAL REFLECTS FAILED LEADERSHIP

The City Council memorial places great emphasis on the support of law enforcement to the point of identifying two sworn police officers by name who gave the ultimate sacrifice and who are clearly heroes. The memorial also singles out the courts as being the problem ignoring the reality that APD is seriously failing in its mission and its 6 core service categories of Patrol, Community Policing, Special Operations, Dispatch, Investigations and Support Services. The council fails to describe the impact of violent crime is having on our community and its citizens by glossing over or not even mentioning the city’s violent crime statistics and victims.

The enactment of the Memorial by the Albuquerque City Council “strongly encouraging” and “urging” other government entities to act is as pathetic as it gets. A memorial where the city council recommits to end crime drivers is downright embarrassing. It is a sign of failed leadership. The only thing the passage of memorials accomplishes is to make the city council feel good and to allow them to claim they are doing something.

PROPOSED CITY COUNCIL ACTIONS

Instead of passing meaningless memorials asking other government agencies to act, the city council could do any number of things with its oversight authority and budget authority of APD that can have a direct impact on crime rates.

Suggested city council actions and ordinances are:

Amend the existing zoning and building codes requiring the installation of “panic alarm” systems installed in motel rooms. The emergency alarm system would be akin to the mandatory fire alarms and sprinkler systems already required.

Enact a resolution calling for the dismissal of the federal Court Approved Settlement Agreement (CASA) by instructing the City Attorney’s office to file a Motion to Dismiss and demanding an evidentiary hearing to prove that the city is incompliance and the spirit and purpose of the reforms have been achieved and if not, requesting the Department of Justice take over the APD to implement the reforms not accomplished.

LEGISLATIVE PACKAGE

Mayor Tim Keller and the Albuquerque City Council have been unable to do anything during the last 4 years to reduce the city’s violent crime rates other than to make empty promises and pass meaningless memorials. With the city’s continuous spiking of violent crime to historical records and with law enforcement, the prosecution and the courts unable to get a handle on the problem, it’s not a matter of if, but how many more times will the city break violent crime and murder rates. Four more years of failed leadership has now become our new reality both in the Mayor’s office and on the City Council.

Each year and few weeks before the commencement of the New Mexico legislature, the Albuquerque City Council enacts a resolution outlining its legislative priorities, including changes to existing laws as well as its wish list for capital improvements projects. Rather than spending time on meaningless memorials that are not likely even read by the Governor nor New Mexico legislators, the City Council should enact its legislative priority list now and work on getting the city’s legislative delegation to support it.

The November 2 city council election saw a shakeup of the city council with 2 Democrat incumbents losing their council seats. In District 1, progressive democrat Land Sena was replaced by a moderate Democrat Louis Sanchez. In District 5 moderate Democrat Cynthia Borrego was replaced by highly conservative Republican Dan Lewis who ran for Mayor 4 years ago and lost to Tim Keller.

The December 7 run off in City Council District 7 is between Democrat Tammy Fiebelkorn running against Republican Lori Robertson. District 9 is the Mid-heights including the state fairgrounds area, Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. In the District 9 City Council race, Democrat Rob Grilley is running against Republican Renee Grout. District 9 includes the Far Southeast Heights and the Southeast Central corridor area and the Four Hills Country Club area.

Despite the majority of candidates qualifying for public finance for the November 2 election, there were 2 major measured finance committees (MFCs) that were formed to promote city council candidates opposing incumbent Democrat City Councilors Lan Sena and Cynthia Borrego who both lost on November 2. The two measured finance committees are Albuquerque Ahead and Healthy Economies Lead to Progress.

Albuquerque Ahead raised $34,900 and Healthy Economies Lead to Progress raised $196,532 for a total of $231,432. The cash contributions were spent to promote 3 conservative Republican candidates, Dan Lewis, Renee Grout and Lori Lee Robertson, and one 1 moderate Democrat, Louis Sanchez. The 2 finance committees were successful in ousting Democrat City Councilors Lan Sena and Cynthia Borrego.

After the November 2 election, there are 4 Democrats on the new city council:

District 1 Louis Sanchez (Elected on November 2 defeating Lan Sena.)
District 2 Isaac Benton
District 3 Klarissa Peña (Ran unopposed on November 2 .)
District 6 Pat Davis

After the November 2 election, the 3 Republicans on the new city council are:

District 5 Dan Lewis (Newly elected)
District 4 Brook Bassan
District 8 Trudy Jones

REPUBLICANS CRAWL OUT OF WOODWORK AS DEMOCRATS WAKE UP TO NEW REALITY

It was under Republican Mayor Richard Berry that the Republicans had a majority of 6 to 3 in 2010 on the Albuquerque City Council. That Republican majority changed in the election cycles of 2013 and 2017 after which Democrats took the advantage with a 6-3 majority as the city became more democrat.

It is absolutely clear that the Republican party is making a serious attempt to secure a majority of 5-4, but it will require winning of the District 7 and District 9 city council races in the runoff. On November 10, the Republican Party of New Mexico and the Republican Party of Bernalillo County issued a press release announcing they are joining forces and sharing resources to win two key runoff elections on December 7.

The Republican joint press release states in part:

“Albuquerque’s City Council is poised to see a change in power. District 7 Council candidate Lori Robertson and District 9 Council candidate Renee Grout are in runoff elections. If they win, conservatives will hold the majority on the Albuquerque City Council for the first time in nearly a decade.

“It’s been great having everyone pull together,” said Robertson. “It’s time for real change in Albuquerque. The city has so many problems, and it’s time for positive change and to work for a common cause. We have dozens of volunteers who are helping deliver our conservative message, and we are pushing hard to get out the vote. The pendulum has swung too far left. We need common sense solutions and long-term goals.”

https://newmexico.gop/2021/11/10/rpnm-and-the-republican-party-of-bernalillo-county-unite-to-win-runoff-elections-in-december/

The Bernalillo County Republican Party is already soliciting poll workers. On November 13 the Republicans had their first canvas walks for Robertson and Grout.

DEMOCRATIC PARTY AND MAYOR TIM KELLER FACE RUDE AWAKENING

The New Mexico Democratic Party (DPNM) has finally caught on to what the Republicans have been up to since the get go and it may be too late. DPNM Executive Director Sean Ward said:

“[The Democratic Party is working] across New Mexico to effectively promote Fiebelkorn and Grilley. … It’s essential that we elect leaders to the Albuquerque City Council who will make the best choices for our schools, our families, and our neighborhoods.”

https://www.abqjournal.com/2445941/runoff-will-decide-two-seats-and-city-councils-political-balance.html

Confidential sources have said that progressive Democrat Mayor Tim Keller was very upset with the fact that both the Democrat State and County party did very little to help him with his election to a second term. Keller complained that the Democratic party did not even come close to helping as much as they did 4 years ago. Keller was reported as calling previous financial supporters in an attempt to “mend fences” and was discouraged by the response. Keller was also said to be upset that many reliable donors he had in years past were nowhere to be found when it came to donating to the measured fiancé committee “Build Back Burque” that was created to promote and raise money to promote him. “Build Back Burque” raised and spent a disappointing $113,500. It was very disappointing because 4 years ago, “ABQ Forward”, the measure finance committee set up to promote Keller raised and spent $663,000 on his behalf.

Conspicuously absent in the 2021 Mayor’s race was also a litany of major endorsements for Keller from Democrats with the exceptions being US Senator Martin Heinrich and Attorney General Hector Balderas. Two term Democrat City Council Diane Gibson was also known to support Democrat Manny Gonzales over Tim Keller after Keller repeatedly snubbed and ignored her during the last 4 years. Gibson has endorsed Tammy Fiebelkorn to replace her, but such endorsements usually have little or no effect on City Council races. Gibson has also alienated many of her constituent’s, especially when she voted more times than not to support Republican Mayor Berry’s initiatives such as the ART Bus project. Gibson actually said at a neighborhood association meeting she was “tired of carrying Berry’s water” on the ART Bus project.

Confidential sources have also confirmed that defeated Incumbent City Councilors Lan Sena and Cynthia Borrego believe that the State and County Democratic party did very little if not absolutely nothing to help them when it came to volunteers and financial support. Democrat Borrego, as President of the City Council, in particular, was reported as being insulted by the Democratic State Party when the party expected her to give major financial support to the party even as she was serving as City Council President and also seeking to get elected to another term and having an uphill battle.

LOW VOTER TURN OUT ELECTIONS

According to the New Mexico secretary of State’s office, the total Bernalillo County registration number, which includes all of Albuquerque, is 445,728. That number is broken down as follows:

Democratic: 209,681 (47.0 %)
Republican: 123,632 (27.7 %)
Libertarian: 4,810 (1.1 %)
No party/independent: (102,855) 23.1 %
Other: 4,750

This year’s 2021 municipal election had the highest voter turnout in the last 20 years with 32% of registered voters voting. In the 2021 municipal elections, registered Democrats outnumbered Republicans in Albuquerque with 175,830 registered democrats in the city to 99,988 register Republicans in the city.

The 2021 municipal election saw upwards of 22,000 more voters over the 2017 election. According to the Bernalillo County clerk’s office, 120,847 voters cast their votes out of the 371,449 registered voters. Keller won with 56% of the final vote (66,051), Sheriff Manny Gonzales secured 26% (30,139) of the final vote and Eddy Aragon secured 18% (21,654) of the vote and write in candidate Patrick B. Sais secured 294 votes, less than half of 1%.

In the 2021 municipal election, Republicans voted at a higher rate citywide with 38.75% of registered Republicans voting compared with 36.72% of Democrats voting. Voter turnout was highest in the Northeast Heights District 8 represented by Republican Trudy Jones at 39% and in District 4 represented by Republican Brook Bassam at 35.3% even though neither councilor was on this year’s ballot. The Southwest Albuquerque District 3 represented by incumbent Klarisa Pena, who ran unopposed, had the lowest turnout, with only 17.8% of registered voters participating. Incumbent Mayor Tim Keller won all 9 city council districts by comfortable margins.

The explanation for the historical turnout in 2021 is that New Mexico law was changed that consolidated local elections that that increased the voter turnout. This year’s municipal election was not conducted by the city clerk but conducted by the Bernalillo County Clerk’s Office. The 2021 ballot featured the mayor’s race, 5 city council races and voter bond approval of multiple bonds, including one for a soccer stadium. The 2021 ballot also had the the Albuquerque Public Schools, Central New Mexico Community College, the Village of Tijeras, the Ciudad Soil and Water Conservation District on the ballot and more.

PAST ELECTIONS WORTH REMEBERING

In 2017, then New Mexico State Auditor Tim Keller was elected Mayor by first beating all of 7 of his opponents to get into a runoff when only a total 97,971 registered voters voted. Keller got into the 2017 runoff securing 38,156, or 39.9% of the vote and Dan Lewis who secured 22,238 votes or 22.3%. Keller went on to win the 2017 runoff by a decisive landslide by securing 60,219 votes or 62.20% against Dan Lewis who secured 36,594 or 37.8% of the vote. Although Keller’s final 2017 runoff mayor’s race victory margin was impressive what was not impressive is that only 97,399 voted or 29% out of over 300,000 registered voters.

In the 2017 Mayor’s race, then State Auditor Tim Keller was the only candidate that qualified for public finance. According to campaign finance reports, Tim Keller was given a total of $506,254 in public finance combined for the first election and the runoff and he collected $37,870 in “in kind” donations. Notwithstanding being a public finance candidate, Keller had 3 measured finance committees that either raised money directly to spend on his behalf or that indirectly spent money and supported him financially. ABQ Forward Together was the measured finance committee that was formed specifically to raise money to promote Tim Keller for Mayor and it was managed by Tim Keller’s former campaign managers for his State Senate runs Neri Olguin. In the 2021 election Olguin was Keller’s campaign manager.

In 2017 ABQ Forward Together raised $663,000, with major contributions from organized labor including city unions such as AFSME. The measured finance committee ABQFIREPAC, organized by the City’s local Fire Union raised $67,000 with that money spent to help not only Keller but also Democrat City Council candidates. ABQFIREPAC spent at least $25,000 for a TV commercial benefiting Keller, yards signs and a freeway billboard. The measured finance committee ABQ Working Families also supported Tim Keller and raised $122,000 and has $22,000 remaining. Broken down, at least $1,169,254 minimum was been spent on Tim Keller’s campaign for Mayor in 2017 ($506,254 public finance money + $663,000 ABQ Forward = $1,169,254 total). Broken down further, a maximum of $1,358,254 was potentially spent on Tim Keller’s campaign for Mayor ($506,254 public finance money + $663,000 ABQ Forward + $67,000 ABQFIREPAC + $122,000 ABQ Working Families = $1,358,254.)

The 2013 Albuquerque Mayor’s race was the lowest voter turnout in the city’s history with only 70,473 voting, or a miserable 19%, out of a little more 300,000 registered voters. Two Republicans, incumbent Richard Berry and retired APD Sargean Paul Heh and one Democrat, Pete Dinelli, qualified to be on the ballot. Democrat former Albuquerque first lady Margaret Aragon de Chavez withdrew from the race. Former Democrat Lieutenant Governor of New Mexico Diane Denish and Democrat City Councilor Ken Sanchez, who passed away on January 1, 2021 declined to run that year. In 2013, then Republican incumbent Mayor Richard Berry won the Mayor’s race garnering 48,008 votes or 68.12% votes with Democrat Pete Dinelli garnering 20,248 votes or 28.73% and Republican Paul Heh securing 2,217 votes or 3.15%.

In the 2013 Mayor’s race, Democrat candidate Pete Dinelli qualified for public fiancé and was given $340,00 for the campaign. Duke City Rising, the measure finance committee formed to promote Democrats raised upwards of $60,000 but spent very little on the Mayor’s race and instead used it to help and promote almost exclusively Democrat City Council Candidates. Despite a commitment to raise funding of upwards of $150,000 by then Democratic Party Chairman Sam Bregman for Duke City Rising to help in the Mayor and City Council races, only office space was given. Then Democrat Party Chairman Bregman reneged on his promise to raise money and asked Democrat Dinelli to raise money for the Democratic party instead. Democrat United States Senators Jeff Bingaman and Tom Udall at the time declined to get involved with the Mayor’s race saying they did not endorse in municipal elections and yet later endorsed Democrats in city council run off elections and allowed their names to be placed on a flyer promoting Democrat City Councilor Diane Gibson saying she had “friends in high places”.

In the 2013 mayor’s race, Republican Richard Berry raised and spent $1.1 million in private financing. For a supposedly nonpartisan race, Mayor Berry’s 2013 private finance contributors list was very top heavy with prominent Republican donors and heavy hitters including:

The Republican National Committee ($10,000 donation), Brewer Oil Company ($5,000 donation), Western Refining Company ($5,000 donation), Pete Domenici, Jr., Republican Party Chairman Harvey Yates, former State Senator Micky Barnett, Ed Lujan, Bill Sego, Don Chalmbers, Jon Barela, Lt Governor John Sanchez, Margaret and Turner Branch, former City Councilors Nadine Bicknel, Herb Hughs and Michael Brasher, Republican State Representative Larry Larrinaga, Representative Nate Gentry, Republican political operative Sherman McCorkle who headed Berry’s transition team in 2009, Republican City Councilor Trudy Jones, PNM Executive John Ackerman, Bob Stamm of Bradberry and Stamm Construction, Jack Stahl, former PNM President Gerry Geist, Representative Justin Fox Young, advertiser and former candidate for Governor Doug Turner, National Association of Industrial And Office Parks(NAIOP), New Mexico Chapter, and many Economic Forum members just to mention a few.

COMMENTARY AND ANALYSIS

There is an old saying in New Mexico politics, “As goes Albuquerque’s vote, so goes the state.” History has shown the city of Albuquerque has always played a major role in electing Republicans over Democrats in state races. Republican Governors David Cargo, Gary Caruthers, Gary Johnson and Susana Martinez. The many elections of Republican US Senator Pete Domenici and Congressman Manuel Lujan for decades are the best examples. Both the State Republican Party and the Bernalillo County Republican Party know Albuquerque is critical and they likely view the takeover of the Albuquerque City Council as the first major step to winning and returning to some semblance of power in next year’s midterms, perhaps even the Governor’s office with an upset.

DER FÜHRER TRUMP NEW MEXICO REPUBLICAN PARTY

On July 30, 2021 the 3 top officials of the Bernalillo County Republican Party resigned over party infighting and after an attempt to remove the party chairwoman. Resigning their positions were GOP County Chairwoman Julie Wright, Treasurer Joe Foor and Secretary Denise Foor. The 3 resigned over party infighting and after an attempt to remove party chairwoman Julie Wright. The 3 county GOP resignations came as the November 2 races for Albuquerque Mayor and City Council began to heat up and as the 2022 election cycle begins.

In her resignation letter, Wright charged that Republican State Chairman Steve Pearce had encouraged dissenters within the party. Wright wrote in part:

“… many RPNM officers fully support a small faction of [Trump] dissenters who are causing chaos within the party. … How am I supposed to help our candidates fight the Democrats when Steve Pearce allows and incentivizes a group of rogues to sow unrest amongst our party?”

At the core of the State Republican Party’s infighting is the loss of elections. In Albuquerque, only 2 Republican lawmakers are still in office out of more than 20 seats after Democratic gains in 2018 and 2020. A mere 8 years ago, Republicans held a super majority on the City Council and the Mayor of Albuquerque was Republican.

For the November 2 Albuquerque Municipal election, the Republican Party initially failed to find a viable candidate to run for Mayor of Albuquerque, with Republicans first ostensibly satisfied with supporting and voting for “Democrat In Name Only” Manny Gonzales who was a Trump supporter. Then radio talk show host and Der Führer Trump Republican Eddy Aragon got into the race very, very late, secured the required number of nominating petition signatures in 14 days and went on to secure 18% of the vote. It was no secret that Manny Gonzales was attempting to build a coalition of conservative Democrats, Republicans and Trump supporters and Aragon put an end to that as a spoiler in the race.

It is becoming more likely than not that Der Führer and former President Donald Trump will again be running again for President in 2024. Trump has already amassed a war chest of $102 million entering 2nd half of 2021.

Both the New Mexico Republican Party and Bernalillo County Republican party continue to grasp and acknowledge Der Führer Trump as their national leader. To this day, State Republican Chairman Steve Pearce and Southern New Mexico United States Congresswoman Yvette Harrel have refused to back away from Der Führer Trump and have failed to condemn his lies of widespread voter fraud.

DECEMBER 7 RUNOFF

The December 7 runoff will only be for District 7 and District 9 and for that reason the voter turnout will be dramatically lower. To complicate things is that the city council races are nonpartisan by state law and therefor party affiliation will not be delineated on the ballot.

It is common knowledge amongst political insiders that Republicans Lori Robertson in District 7 and Renee Grout in District 9 are both very right wing Der Führer Trump supporters. Robertson and Grout both avoid stating their party affiliation on the campaign materials as they rely on the misleading Republican ploy to lull Democrats to vote for them saying that municipal elections are non-partisan and “you should vote for the person and not the party.” Robertson and Grout are relying on Republican Party financial support, volunteer work and Republican measured finance committees.

FIRST RUNOFF STATEMENT

Both Republicans Lori Robertson in District 7 and Renee Grout in District 9 already have a distinct financial advantage over Democrats Tammy Fiebelkorn and Rob Grilley. On November 8, Healthy Economies Lead to Progress, the measured Finance Committee established to promote and support Republicans filed its Runoff Finance statement for the time period of October 30 to November 5 reporting no contributions and reporting it has a closing balance of $87,864.62 for the reporting period it can use for the city council runoff election.

CHAMPING AT THE BIT FOR AN UPSET

The Republican party, state and county, is no doubt champing at the bit to make progressive Democrat Mayor Tim Keller life’s miserable during his second term in an effort to end his political career. They know full well Keller could run for higher office which will likely be Governor. To complicate matters for Keller, Dan Lewis is returning to the city council and no matter if the council retains a Democrat majority it will be far more hostile to Keller than in 2017 when Lewis lost to Keller in a landslide.

Should there be a Republican takeover of the Albuquerque City Council, you can expect any number of setbacks of progressive programs and policies promoted by Keller and see advocacy of Republican policies and programs including but not limited to:

1. Repeal of the city’s immigration friendly policy that Republicans falsely label as sanctuary city.
2. Opposition to or perhaps repeal of the city’s minimum wage ordinance.
3. Opposition to any mandatory sick leave ordinances for the private sector.
4. Oppose enforcement by Mayor Keller of emergency health care orders for the Corona Virus Pandemic, including opposing any and all-mask mandates and opposing mandatory covid vaccinations of city employees.
5. Reduction in social service programs to help the homeless and the poor, including a scaling back of the Gateway Homeless shelter operations.
6. Advocacy of late term abortion prohibitions as was placed on the 2013 municipal ballot and which failed then.
7. Opposition to the Department of Justice mandated police reforms.
8. Oppose any and all increases in the gross receipts taxes or property taxes to fund city essential services even when deficits occur.
9. Advocate the reduction in the size of city government and eliminate new departments and programs created by Mayor Keller by denying funding for such Departments as the “Office of Equity and Inclusion” that deals with immigrant relations.
10. Advocacy of increased criminal penalties as part of the city’s legislative package and bail bond reform measures.

A FAILURE TO LEARN

Democrats have the bad habit of just not voting in municipal elections while Republicans make it a part of their practicing religion. The blunt truth is that Democrats lose elections in the city because they do not vote and Republicans rely on low voter turn outs and spend considerably more than Democrats to win municipal elections. That was the case in 2013 mayor’s race when only 19% voted and Democrats stayed home and it could easily happen again in this year’s city council race run off election.

A Republican takeover of the Albuquerque City Council is very doable with aggressive campaign spending coupled with a low voter turnout in a runoff with both expected. As is the case across the United States, the Bernalillo County and the State Republican Party’s both have a desire to set the tone for an upset in next year’s elections, especially the Governor’s race. Republicans believe a takeover of the Albuquerque City council will help to do that very thing.

If that happens, Democrats have only themselves to blame by never taking municipal elections seriously and failing to vote and failing to donate to Democratic candidates.

LINKS TO DONATE

The link to the Tammy Fiebelkorn District 7 campaign where you can volunteer and can make a donation is here:

https://tammyforalbuquerque.com/

The link to the Rob Grilley District 9 campaign where you can volunteer and can make a donation is here:

https://www.rob4abq.com/

EDITOR’S DISLOSURE NOTICE:

www.PeteDinelli.com is a political blog established by a life long Democrat who ran for Mayor in 2013 and who was on the receiving end of nasty Republican smear tactics prepared and orchestrated by Republican Political operative Jay Mc Clusky who managed Mayor Berry’s campaign in the 2013 Mayor’s Race. “It’s my blog and I can do what I want, do what I want and you would cry foul too if it it happened to you!”

The November 2 city council election saw a shakeup of the city council with 2 Democrat incumbents losing their council seats. In District 1 a progressive democrat was replaced by a moderate Democrat. In District 5 a moderate Democrat was replaced by a highly conservative Republic who ran for Mayor 4 years ago and lost to Tim Keller.

Despite the majority of candidates qualifying for public finance, there were 2 major measured finance committees (MFC) that were formed to promote city council candidates opposing incumbent Democrat City Councilors Lan Sena and Cynthia Borrego who both lost on November 2. The two measured finance committees are Albuquerque Ahead and Healthy Economies Lead to Progress.

Albuquerque Ahead raised $34,900 and Healthy Economies Lead to Progress raised $196,532 for a total of $231,432. The cash contributions were spent to promote 3 conservative Republican candidates, Dan Lewis, Renee Grout and Lori Lee Robertson, and one 1 moderate Democrat, Louis Sanchez. The 2 finance committees were successful in ousting Democrat City Councilors Lan Sena and Cynthia Borrego.

NOVEMBER 2 ELECTION

In District 1, Democrat Louie Sanchez qualified and was given $41,027 in public finance and went on to defeat incumbent Lan Sena who also qualified for public fiancé. However, Sanchez received significant support from a measured finance committee.

In District 5, Republican Dan Lewis qualified for public finance and was given $50,489 and went on to defeat Democrat Cynthia Borrego who also qualified for public fiancé. However, Lewis received significant support from a measured finance committee.

In District 7, Democrats candidates Tammy Fiebelkorn and Travis Kellerman qualified for public finance and were given $44,194. Democrat candidates Emilie De Angeli, Mauro Walden-Montoya and Andres Valdez, Sr. were unable to collect the required number of $5 qualifying donations. Candidates Walden-Montoya and Valdez switched to private financing during the qualifying period. Republican Lori Robertson raised and spent $72,687. Democrat. Robertson came in first on November 2 and Democrat Tammy Fiebelkorn came in second.

In District 9, Republican Renee Grout qualified for public finance and was given $41,791 in public finance as did Democrat Rob Grilly. Both have made it into the run off. The third candidate Democrat Byron Powdrell elected to seek private financing.

DEMOCRATS FOR CITY COUNCIL ABANDON PUBLIC FINANCE AND SEEK PRIVATE DONATIONS

The runoff election for City Council Districts 7 and District 9 are scheduled for December 7. Public finance funding for the city council candidates dictates that candidates in a runoff get 33 cents per registered voter. In District 7 that translates into $14,584 and in District 9 that translates into $13,791. Simply put, that amount of money makes it difficult to be competitive against privately finance candidates.

It has been reported that District 7 Democrat candidate Tammy Fiebelkorn and District 9 Democrat candidate Rob Grilley and Republican Renee Grout have decided not to accept nor seek public fiancé for the runoff campaign and will be seeking private campaign contributions.

Republican Robinson raising private financing of $72,687 to Fiebelkorn’s public finance of $44,194 for the November 7 no doubt played a major role in Fiebelkorn’s decision. Fiebelkorn had this to say:

“I’m a firm supporter of public financing and keeping special interests out of the election … but the allotment [of $14,584] for the runoff is really too low. … We’re up against a really well-funded opponent [Republican Lori Robertson]. ”

In District 9, both Republican Renee Grout and Democrat Rob Grilley qualified for public finance for the November 2 election but have announced they will seek public financing for the runoff. Grout had this to say:

“We thought it was in our best interest to do it that way …We don’t think $13,000 in public finance is enough [ and we can raise more]”

Democrat Grilley said Republicn Grout’s decision to seek private financing forced his hand. Grilly had this to say:

“I really don’t want to be in a situation where I get to stand proudly [accepting public financing and then] getting absolutely blown out of the water because I have no opportunity to [defend] myself from my opponent because she has three to five times as much money and mailers as I do.”

The link to the quoted source material is here:

https://www.abqjournal.com/2445494/council-runoff-candidates-abandon-public-financing.html

MEASURED FINANCE COMMITTEES EXPLAINED

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee (MFC) is a political action committee (PAC), person or group that supports or opposes a candidate or ballot measure within the City of Albuquerque. Measure Finance Committees are required to register with the City Clerk. Measure finance committees are not bound by the individual contribution limits and business bans like candidates. No Measure Finance Committee is supposed to coordinate their activities with the individual candidates running for office, but this is a very gray area as to what constitutes coordination of activities and it is difficult to enforce.

The fact that measure finance committees are not bound by the individual contribution limits and business bans like candidates is what makes them a major threat to warping and influencing our municipal elections and the outcome. Any Measure Finance Committee can raise and spend unlimited amounts of money and can produce negative ads to destroy any candidate’s reputation and candidacy.

FOLLOW THE REPUBLICAN MONEY

Because of the sure magnitude of $231,432 raised by Albuquerque Ahead and Healthy Economies Lead to Progress, a review of the campaign finance reports for both MFCs and the major donors is in order and reveals the following:

ALBUQUERQUE AHEAD (City Council MFC)

This measured finance committee was established by the Bernalillo County Republican Party to promote the 2 Republican candidates Dan Lewis and Renee Grout.

5TH CAMPAIGN FINANCE REPORT

The 5th campaign finance report filed by “Albuquerque Ahead” reflects that on July 7, 2021, the Bernalillo County Republican Party donated $9,000 to this MFC. The one major expenditure of $5,184.00 is to Majority Strategies, a Republican leaning political consulting firm. Albuquerque Ahead raised $10,250 during the 5th the reporting period designated to support Dan Lewis and Renee Grout, including $2,000 from Arizona-based GDC and from James Baird and Karen Espinosa, each donating $1,000.

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

7TH CAMPAIGN FINANCE REPORT

The 7th Campaign finance reports reflects the largest cash balances for donations and expenditures for Albuquerque Ahead for the reporting period of September 7 to October 4th with a cash balance of $14,223.47, total monetary contribution for reporting period of $10,520, total expenditures for the reporting period of $17,152 and a closing balance of $7,591.

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

9TH CAMPAIGN FINANCE REPORT

The 9th Campaign finance report for Albuquerque Ahead filed on October 25 covering the time frame of October 16 to October 22 reflects cash donations of $3,630.00, expenditures of $8,360.28 and a closing balance of $2,630.95. All donations ranges from $50 to $250.

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

10TH CAMPAIGN FINANCE REPORT

The 10th Campaign finance report for Albuquerque Ahead filed on November 1 covering the time frame of October 23 to October 29, reflects a closing balance of $2,022 and that respected businessman LARRY RAINOSEK the owner of Frontier Restaurant donated $5,000 to promote Republican Dan Lewis and another $5,000 to promote Republican Renee Grout, with both being successful on November 2.

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

A REPUBLCAN CITY COUNCILLOR STICKING HER NOSE INTO THE RACES FOR PERSONAL GAIN

The “Run Off” Campaign finance statement filed on November 8 for Albuquerque Ahead reflects a closing cash balance of $2,022. The runoff campaign statement also reflects that Republican District 8 Albuquerque City Councilor Trudy Jones made a $500 donation. Informed sources have said Councilor Trudy Jones wants a Republican majority on the City Council so that she can be elected President of the City Council. As a former Real Estate Agent, it’s expected Jones will endorse fellow realtor Republican Lori Lee Robertson in District 7.

HEALTHY ECONOMIES LEAD TO PROGRESS

The purpose of the donations made to Healthy Economies Lead To Progress is to make “independent expenditures” but depending on donor designation was created to support Republican candidates and one moderate Democrat to oust a Democrat progressive. The candidate were District 1 Democrat Louie Sanchez who defeated incumbent Democrat City Councilor Lan Sena, District 5 candidate Republican Dan Lewis who defeated Democrat incumbent City Councilor Cynthia Borrego, District 7 Republican candidate Lori Lee Robertson who made into the runoff and is running against Democrat Tammy Fiebelkorn and District 9 Republican candidate Renee Grout who made it into the run off and is now running against Democrat Rob Grilley, Jr.

7TH FINANCE REPORT

According to the 7th Campaign finance report, Healthy Economies Lead to Progress had total monetary contribution for the reporting period of $49,639.22. The major donors and amounts reported are:

NEW MEXICO RESTAURANT ASSOCIATION (Carol Wight): $20,000
COMMERCIAL ASSOCIATION OF REALTORS NM: $18,639.22
JOHNSON COMMERCIAL REAL ESTATE, LLC: $4,000
ABRAZO HOMES, LLC: $2,500
JEAN F BERNSTEIN: $1,000
DAVE HILL INC: $1,000
BRUCE J STIDWORTHY: $1,000
WILLIAM T ROBERTSON: $1,000

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

8TH FINANCE REPORT

According to the 8th Campaign Finance Report filed by Healthy Economies Lead to Progress on October 18 for the time period of October 5 to October 15, the measured finance committee raised $25,606 in cash and spent $73,865.16. The major donors are:

COMMERCIAL ASSOCIATION OF REALTORS NM: $10,000
PREMIER DISTRIBUTING COMPANY: $5,000
STEVE MAESTAS: $5,000 ( two $2,500 donations)
ANGELA WILLIAMSON: $2,000
TITAN PROPERTY MANAGEMENT LLC: $1,000
MICHAEL LEACH: $1,000

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

9TH FINANCE REPORT

According to the 9th Campaign Finance Report filed by Healthy Economies Lead to Progress on October 25 for the time period of October 16 to October 2, the measured finance committee reported raising $91,700.00, and spent $34,714.76 leaving a closing balance of $58,365.30. Major doners include:

NATIONAL ASSOCIATION OF REALTORS FUND: $64,000
NEW MEXICO RESTAURANT ASSOCIATION: $10,000
PETROYATES, INC.: $10,000
ABC POLITICAL ACTION COMMITTEE: $5,000.00

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

10TH FINANCE REPORT

According to the 10th Campaign Finance Report filed by Healthy Economies Lead to Progress on November 1 for the time period of October 23 to October 29 the measured finance committee raised $29,587.00 and has an ending balance of $87,864.62 that can be used for the two city council runoffs. Major donors include:

REAL ESTATE COMMUNITY POLITICAL ACTION COMMITTEE: $20,000.00
NEW MEXICO NAIOP PAC: $1,500
SHERMAN MCCORKLE: $1,000 EDITORS NOTE: McCorkle has been a Republican political operative and insider for many decades.

FIRST RUNOFF STATEMENT

On November 8, Healthy Economies Lead to Progress filed its Runoff Finance statement for the time period of October 30 to November 5 reporting no contributions and reporting it has a closing balance of $87,864.62 for the reporting period it can use for the city council runoff election.

COMMENTARY AND ANALYSIS

It was under Republican Mayor Richard Berry that the Republicans had a majority of 6 to 3 in 2010 on the Albuquerque City Council. That Republican majority began to change in subsequent election cycles in 2013 and 2017 after which Democrats had the advantage with a 6-3 majority as the city became more democrat.

It is absolutely clear that the Republican party is making a serious attempt to secure a majority of 5-4 on the Albuquerque City Council, but it will require winning of the District 7 and District 9 city council races in the runoff. The Republican Party of New Mexico and Republican Party of Bernalillo County issued a news release to announce they “are joining forces and sharing resources to win two key runoff elections,” saying they are mobilizing an “army of volunteers” to get out the vote for Republican candidates Republican candidates Lori Robertson in District 7 and Renee Grout in District 9. A Republican takeover of the city council is very doable with aggressive campaign spending coupled with a low voter turnout in a runoff with both expected.

Bernalillo County Republican Party Chairman John Rockwell had this to say:

“We have an opportunity to take control of the Albuquerque Council, and this could mean great things for the future of the city. … We have to do everything we can to grow our base and to get more Republicans involved.”

https://www.abqjournal.com/2445941/runoff-will-decide-two-seats-and-city-councils-political-balance.html

A Republican takeover of the city council is very doable with aggressive campaign spending coupled with a low voter turnout in a runoff with both expected.

VOTER TURN OUT WILL BE CRITICAL

The 2021 municipal election saw upwards of 22,000 more voters over the 2017 election. According to the Bernalillo County clerks office, 119,745 votes were cast out of the 383,000 registered voters. According to the Bernalillo County clerks office, turnout countywide was 30.5% and city-wide turnout was just over 32%. With 119,745 votes cast, representing 32%, the 2021 election goes down as having the highest voter turnout going back 20 years. In the 2017 mayor’s race and municipal election, 97,399 voted or 29%. In the 2013 mayor’s race, only 70,473 voted, or a miserable 19%.

The likely explanation for the historical turnout in 2021 is that New Mexico law was changed that consolidated local elections that that increased the voter turnout. This year’s municipal election was not conducted by the city clerk but conducted by the Bernalillo County Clerk’s Office. The 2021 ballot featured the mayor’s race, 5 city council races and voter bond approval of multiple bonds, including one for a soccer stadium. The 2021 ballot also had the the Albuquerque Public Schools, Central New Mexico Community College, the Village of Tijeras, the Ciudad Soil and Water Conservation District on the ballot and more.

The city’s 2021 run off election is now scheduled for December 7 and only District 7 and District 9 will be on the ballot and for that reason the voter turnout will be dramatically lower. To complicate things is that the city council races are nonpartisan and therefor party affiliation will no be delineated on the ballot.

The blunt truth is that Democrats lose elections in the city because they do not vote and Republicans rely on low voter turn outs and spend considerably more than Democrats to win municipal elections. That was the case in 2013 mayor’s race when only 19% voted and Democrats stayed home while Republicans voted and outspent the only publicly financed Democrat candidate with $1.1 million in private finance spent by the Republican incumbent and $340,000 spent in public finance by the only Democrat who qualified for public finance by collecting the required number qualifying $5 donations.

CONCLUSION

The Republican party is no doubt champing at the bit to make progressive Democrat Mayor Tim Keller life’s miserable during his second term in an effort to end his political career knowing full well he could run for higher office which will likely be Governor. To complicate matters for Keller, Dan Lewis is returning to the city council and no matter if the council retains a Democrat majority it will be far more hostile to Keller than in 2017 when Lewis lost to Keller in a landslide.

LINKS TO DONATE

The link to the Tammy Fiebelkorn District 7 campaign where you can volunteer and can make a donation is here:

https://tammyforalbuquerque.com/

The link to the Rob Grilley District 9 campaign where you can volunteer and can make a donation is here:

https://www.rob4abq.com/

EDITOR’S DISLOSURE NOTICE:

www.PeteDinelli.com is a political blog established by a life long Democrat who ran for Mayor in 2013 and who was on the receiving end of nasty Republican smear tactics prepared and orchestrated by Republican Political operative Jay Mc Clusky who managed Mayor Berry’s campaign in the 2013 Mayor’s Race. “It’s my blog and I can do what I want, do what I want and you would cry foul too if it it happened to you!”

Each Veterans day, I am compelled to pay tribute to members of my family who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan. The United State was at war with Italy during World War II. My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. My Uncle Pete Dinelli was killed in action when he stepped on a land mine. My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II.

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also saw extensive combat in World War II. My Uncle Alex Freques served in England and was in the Air Force. My uncle Fred Fresques saw extensive action in the US Army infantry to the point that he refused to talk about what he saw to anyone. My Uncle Fred was awarded 3 bronze stars and the purple heart for his war time service.

After the war, Uncle Fred returned to Albuquerque and raised his family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father in law, George W. Case, who passed away a few years ago at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father in law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father in law George Case returned to Albuquerque was married to my mother in law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owned a liquor store for a few years and then went on to build, own and operate the Old Town Car wash and was in the car wash industry for a number of years.

My nephew Dante Dinelli, was born and raised in Albuquerque and joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and to this day still works in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister, Pauline and my brother in law Marvin, who is a retired APD Police officer, were born and raised in Albuquerque and went to Bosque Prep. Both Mathew and Brandon are Majors in the United States Marine Corps and both are climbing the promotion ladder in the Marine Corps. My nephew Major Brandon Barnes is a graduate of the US Naval Academy. My nephew Major Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices will never be forgotten. God bless you all and God Bless the United States and all of our freedoms you fought for to protect this great democracy.