Two Measured Finance Committees Raised Over $230,000 To Oust Democrats And Promote Republican Candidates; December 7 Run Off For ABQ City Council Could Flip Council Republican; APD Police Union Expected To Endorse Republican Candidates

On the November 2 municipal ballot, the 5 odd numbered city council district were on the ballot, District 1,3,5,7, and 9. Prior to the November 2 municipal elections, makeup of the Albuquerque City Council was 6 Democrats to 3 Republicans.

The 6 Democrats currently on the city council are:

District 1 Lan Sena
District 2 Isaac Benton
District 3 Klarissa Peña
District 5 Cynthia Borrego
District 6 Pat Davis
District 7 Diane Gibson

The three Republicans currently on the city council are:

District 4 Brook Bassan
District 8 Trudy Jones
District 9 Don Harris

As it stands now 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 (Unopposed on November 2 and elected to another term.)
District 6 Pat Davis

The 3 Republicans on the new city council on January 1, 2022 are:

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

THE NOVEMBER 2 SHAKUP

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.

DISTRICT 1

In City Council District 1, Albuquerque’s Central Westside, Democrat City Councilor Lan Sena, 31, lost to Democrat and former APD police officer Louie Sanchez, (56), who now operates 2 Allstate Insurance companies. Sanchez when with APD was assigned to Mayor Marty Chaves’ security detail. Confidential sources have said that Chavez refused to support Loui Sanchez and in fact contacted Sanchez and asked him to drop out of the race and allow Lan Sena to run unopposed.

City Councilor Lan Sena is progressive democrat and community activist appointed by Mayor Tim Keller to the City Council when long serving City Councilor Ken Sanchez passed away on January 1. Councilor Sena is considered a reliable progressive vote for Keller’s initiatives. The Planned Parenthood measured finance committee sent out flyers jointly promoting Keller and Sena.

DISTRICT 5

In City Council District 5, Incumbent Democrat City Councilor and President of the City Council Cynthia Borrego, 64, lost her bid for a second 4-year term to former Republican City Councilor Dan Lewis. Borrego was a reliable Democrat vote for Mayor Keller on the City Council. Dan Lewis won his former city council seat back with 52% of the vote to Borrego’s 40% of the vote with Phillip Ramirez, 43, securing 9% of the vote. Conservative Republican Dan Lewis will now have his old platform on city council and will no doubt take an adversarial approach dealing with Keller on the city council and perhaps run for Mayor again in 2025.

DISTRICT 7

District 7 includes part of the Mid heights and Northeast Heights, covering an area west of Eubank roughly between Lomas and Montgomery with the New Mexico State Fair Grounds, Coronado Shopping Center, Uptown and the Winrock Shopping re development area.

In the District 7 mid-heights City Council District race, 6 candidates ran to succeed Democrat Diane Gibson, who announced in April that she would not seek a third term. Diane Gibson was known to support Manny Gonzales over Tim Keller for re-election after Keller repeatedly ignored and snubbed Gibson.

The total vote cast on November 2 in District 7 was 13,348. There were 5 Democrats and 1 Republican seeking to replace retiring progressive Democrat Diane Gibson. Real estate agent and conservative Republican Lori Robertson, 48, came in first securing 4,285 or 32% of the vote. Democrat Tammy Fiebelkorn, who was endorsed by Diane Gibson, came in second securing 3,268 votes or 24.5% of the vote. A runoff will now be held on December 7 between Robertson and Fiebelkorn.

The 4 other democrats split the progressive Democrat vote as follows:

Emillie De Angelis came in third and secured 1, 961 or 14.7% of the vote.

Progressive Travis Kellerman came in 4th and secured 1,913 or 14.3% of the vote. Editor’s note: Kellerman was endorsed by former Mayor Marty Chavez. In 2013, Chavez endorsed in a robo call he paid for himself Diane Gibson. In the 2021 Mayor’s race, Gibson supported Manny Gonzales while Chavez endorsed Tim Keller.

Progressive Democrat LGBTQ activist leader and civil rights attorney Mauro Walden Montoya finishing 5th securing 1,210 votes or 9% of the vote.
Progressive Democrat activist Andres Valdes came in 6th securing 711 votes or 5.3% of the vote.

DISTRICT 9

District 9 encompasses the city’s most southeastern reaches, straddling the East Central Avenue east of Eubank and includes the 4 Hills Country Club area.

In District 9, there were 3 candidates were trying to succeed long time serving, ineffective, uninspiring, unknown Don Harris, a Republican who decided not to seek a 5th term after serving since 2005. A runoff will now be between conservative Republican candidate, Renee Grout, 60, who received 5,467 votes or 42% of the vote, and Democratic candidates, Rob Grilley Jr., 37, received 3,648 votes or 30% of the vote. Democrat Byron Powdrell, 54, received 3,481 votes or 28% of the vote and received the Journal endorsement. Powdrell is part of the well-known Powdrell family known for their bar-b-que restaurants.

https://ballotpedia.org/City_elections_in_Albuquerque,_New_Mexico_(2021)

MEASURED FINANCE COMMITTEES

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee 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.

Republican Dan Lewis qualified for public finance and was given $50,489, Republican Renee Grout qualified for public finance and was given $41,791 in public finance, Democrat Louie Sanchez qualified and was given $41,027 in public finance and Democrat Rob Grilly qualified for public financing and was given $41,000.

Despite 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 Sean and Cynthia Borrego.

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)

DESIGNATED PURPOSE: “To support those candidates for city council who will move Albuquerque ahead and oppose those who will not.”

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

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

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

The 9 th 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

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 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
DESIGNATED PURPOSE: Independent Expenditure

The Chairperson is identified as SIMON (SCOOTER) T. HAYNES and the Treasurer is identified as JULIA L MACCINI. Both Simon T. “Scooter” Haynes and Julia Maccini are conservative Republicans who ran and lost in June, 2021 for the Board of the Middle Rio Grande Conservancy District (MRGCD). Haynes is a developer who owns a real estate and construction business based in Albuquerque. Julia L Maccini is believed to be an attorney and believed to be the Development Coordinator at SCM Partners, LLC a limited liability corporation.

The purpose of the donations made, depending on donor designation, were to support the following City Council candidates:

In District 1 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.

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 doners 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.

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

The city council run off is scheduled for December 7. The postscript to this blog gives further details.

Republicans could secure a majority of 5-4 on the city council, but it will require winning the 2 remaining city council races in the runoff. 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.

DISTRICT 7 (MID HEIGHTS)

The 4 city candidates in District 7 who did not make the run off are all decisively Democrat progressives. Their presence on the ballot significantly increased voter turnout that helped Tim Keller get elected to a second term. The problem is that run offs always have significantly less of a voter turnout. Democrats lose races in the city when they simply do not vote, while Republicans make voting a priority. The 2013 municipal election stands as a testament to that fact when only 19% of all registered voters voted with a heavy Republican turnout and an extremely low Democrat turnout resulting in the election of Republican conservative Mayor Richard Berry to a second 4-year term.

The December 7 ballot will only consist of the names of Lori Robertson and Tammy Fiebelkorn without delineating party affiliation because it is officially a nonpartisan race. District 7 has elected Republicans in the past, even when the area was District 5 before council districts were realigned and it became District 7 eliminating democrat precincts on the west boundary and pushing boundaries east making it more Republican.

In order for Democrat Tammy Fiebelkorn to prevail, she will have to more than double her 24.5% vote she received while Republican Robertson needs to increase her original vote of 32% by 18%. Fiebelkorn needs the support of the Democrats in the race and has already received the endorsement of Democrat Mauro Walden Montoya but such endorsements do not mean much especially when people do not vote.

Republican Robertson is a privately financed campaign and she spent $72,687 for the Nov. 2 regular election. Expect Republican Lori Robertson, a successful realtor, to raise a huge amount of campaign donations from the real estate and development communities.

https://www.abqjournal.com/2442911/candidates-vie-for-four-competitive-city-council-races.html

DISTRICT 9 (FAR NE HEIGHTS, EAST CENTRAL AREA AND 4 HILLS AREA)

Confidential sources have confirmed that the APD Police Union have met with Republican Renee Grout and will be endorsing Grout so she can run on a law-and-order platform. With the city’s homicides reaching 101 homicides and breaking the all-time record, the endorsement and help could make a difference. In exchange for its endorsement, the union will expect Grout to support union initiatives and oppose Mayor Tim Keller’s progressive agenda and “make Keller miserable” as one union official put it. It is more likely than not that the police union will also endorse Republican Lori Robertson in District 7 “to make Keller miserable”.

The District 9 runoff is between conservative Republican candidate, Renee Grout, 60, and progressive Democratic candidate, Rob Grilley Jr., 37. Democrat Grilley could become the first Democrat to win in the district after many years of Republican control if he can get the support of Powdrell and his voters but only if Grilley’s and Powdrell’s supporters get out and vote in the same numbers as the November 2 election. As is the case with city council District 7 runoff, the December 7 ballot will only consist of the names of the candidates without delineating party affiliation because it is officially a nonpartisan race.

Democrat Rob Grilly qualified for public financing and was given $41,000 for the November 2 election. Grilly has announced he will not accept $14,000 in public financing available for the runoff and will seek private financing for the runoff, which means there is no cap on what he can raise and spend in the runoff. In explaining his decision to go with private financing, Grilly said he believes far right Republicans will be raising substantial contributions to elect Renee Grout. Expect Grilly to seek the support of Mayor Tim Keller to help him raise campaign finances and campaign for him.

Conservative Republican Renee Grout also accepted public financing of $41,000 for the November 2 election. However, the measured fiancé committee Albuquerque Ahead was formed by the Bernalillo County Republican Party and upwards of $50,000 in political contributions were raise and spent to promote Renee Grout and Dan Lewis. Grout has yet to announce if she will seek private finance, but may not need it given the Republican party’s desire to again have a majority on the City Council as they did under Republican Mayor Richard Berry. A low voter turn out will harm Democrats to the benefit of the Republicans.

CONCLUSION

After the December 7 runoff election, progressive Democrat Mayor Tim Keller may be dealing with a more conservative 5 – 4 Republican City Council majority. Even if Democrats retain a majority on the city council, Mayor Keller will still be dealing with a more conservative city council come January 1, 2022. Moderate Democrats Klarissa Pena and Louis Sanchez could form a coalition with Republican conservatives Dan Lewis, Brook Bassan and Trudy Jones to hold a majority and dramatically diminishing the influence of progressive Democrats Pat Davis and Isaac Benton.

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.

As the saying goes, “ An elephant never forgets.” That is especially true when it comes to revenge and conducting well financed smear campaigns against Democrats.

—————–

“The Bernalillo County Clerk’s Office is administering the election and will offer early in-person voting starting Nov. 16 at eight sites. It will continue through Dec. 4, though will not be available Nov. 21 or Nov. 25-28. There will be 16 voting locations from 7 a.m.-7 p.m. on Election Day. Voters wanting absentee ballots must request an application, which is available online or by calling 505-243-8683. The application deadline is Dec. 2. For more information, including in-person voting sites or an absentee ballot application, go online to berncovotes.org.”

Quoted Source:

https://www.abqjournal.com/2444698/two-city-council-seats-in-play-during-runoff-election.html

City Now At 101 Homicides; APD Chief Medina’s Solutions: Do Not Post Your Party Invites On Social Media, Do Not Cause Road Rage By Honking, Do Not Buy And Sell Your Drugs At Night At Motels

As of November 7, the city has had its 101 homicides, an all-time record for a year and with 7 weeks remaining in 2021. The city is now just shy of a rate of 18 per 100,000. In 1996, the city had the lowest per capita rate of homicides at 16.6 per 100,000, but it was the city’s growing population that kept Albuquerque below its highest homicide rate in 1996 when there were 100,000 fewer residents.

Of the 101 cases, a staggering 98 are being investigated by the Albuquerque Police Department (APD). APD’s homicide unit has 11 detectives and one sergeant. Three of the cases, including a double homicide, is being investigated by New Mexico State Police. There has been an arrest or charges filed in 30 of the cases, which translates into a 29% clearance rate.

https://www.abqjournal.com/2444220/families-grieve-as-abq-tallies-100th-homicide.html

MEDINA’S RECOMMENDATIONS TO THE PUBLIC

On Monday, November 8, APD Chief Harold Medina held a remarkable press conference to discuss the 101 homicides for the year. Medina said APD is undertaking many initiatives and programs to bring down homicides but many of the initiatives take time. According to Medina, APD is seeing high numbers of homicides related to parties, motels and road rage. Medina’s advice to the public to help stop the spike in homicides was simplistic:

1. He urged members of the public to take steps to protect themselves by not posting on social media if they’re having a party so uninvited guests don’t show up and start fights.

2. Not to honk at people who cut them off so as not to provoke a road rage incident

3. Not to frequent certain motels in the middle of the night to buy or sell drugs.

The link to reported source material is here:

https://www.abqjournal.com/2444440/apd-chief-responds-to-100-homicides-in-the-city.html

MEDINA IN HIS OWN WORDS

APD Chief Harold Medina had this to say on November 8:

“We’re at one of those points where we have to be honest, and truthful in our assessment of situations. … We have to give the community the information that we know, so that they know, to make the best educated choices. I don’t want citizens in the city of Albuquerque to live in fear. I want them to live their lives and I want them to know what’s truly occurring, and what the trends are we’re seeing. So it’s not about blaming victims; it’s about educating the rest of the community.”

It’s peaks and valleys, there’s times that, you know, things are going in a really good direction for us you feel good. … And then there’s times that, you know, you’re waking up early to see if that alert is out there that we had a homicide from the previous night. … We’re going through one of those valleys right now, and hopefully we can get up on a peak and then we could look down and see that things are getting better. But right now … we’re in a canyon, and it’s really dark.”

During the November 9 press conference, Medina said APD has been working with motels owners to come up with a comprehensive plan to bring in new technology such as license plate readers to identify stolen vehicles. Medina said:

“[Motel and business owners must take] some ownership for their property and what’s going on there, and they need to safeguard the community and work with us. … It’s just unfortunate that there’s always a lag time between we start seeing results of who we’re working with somebody … it’s not like the next day they’re going to have the funding [to get new security and video technology up and running.]

We’ve seen some of the video of how, you know, literally we have a standoff at doorways and individuals pointing firearms at each other … And that’s one of the biggest trends we’re seeing is just the sense of individuals going and they feel they have this entitlement to enter any home they want. It’s a lack of respect for all the other people in the community.”

In the fall of 2019, the Albuquerque City Council allocated $280,000 to APD to pay “overtime” for “party intervention team” to combat nighttime underage drinking, drug use and party violence. When the pandemic hit in 2020, underage parties declined dramatically. Medina now claims because pandemic restrictions are subsiding, parties and associated violence are surging again but the parties involved older people and not underage drinking and drug use.

“If this continues, then we’ll devote the resources to it at a sooner time. We’ll just see how it pans out. I mean, many times we’ve seen this; we have a rash.”

The link to quoted source material is here:

https://www.abqjournal.com/2444440/apd-chief-responds-to-100-homicides-in-the-city.html

https://www.krqe.com/news/crime/another-violent-weekend-apd-gives-update-on-crime/

https://www.koat.com/article/abq-homicide-99-motel-6/38188113

COMMENTARY AND ANALYSIS

Now that Mayor Tim Keller has won a second four-year term, APD Chief Harold Medina ostensibly feels he is very secured to have a job for 4 more years. He now feels safe to hold press conferences with subordinates on his own. The appointment of Harold Medina as permanent Chief by Mayor Tim Keller was so very wrong on so many levels, and that fact did not change after Keller was elected to another 4 years.

In 2017, Medina returned to APD after he retired. During the last 4 years, Medina has been a Deputy Chief of Field Services, then First Assistant Chief and now Chief all during Keller’s term in office. All 4 of the programs announced by Keller to combat violent crime have been around now for almost a full 3 years and they have failed to bring violent crime and murders down. Medina has worked on all 4 programs and also is working on implementing the DOJ reforms. Implementation of the DOJ reforms has now stalled with Medina blaming the consent decree for his departments inability to fight crime.

APD Chief Harold Medina has always represented the total opposite of what the city needs in a police chief. It is very critical to have a police chief with experience with reducing use of force, not one who has used deadly force. A chief who has knowledge of crisis management, not one who causes a crisis. A Chief who understands the importance of protecting civil rights, not one who has violated civil rights, and a Chief able to tackle the issue of a police department interacting with the mentally ill, not one who has been involved with the killing of two mentally ill people, one a 14 year old having a psychotic episode and the other a 26 year old veteran suffering from post-traumatic stress disorder. Medina has once again shown he possesses none of the desired traits the city needs now. .

We now have a police Chief who tells the public do not post a party on FACEBOOK, do not honk at people that may result in road rage, and do not to buy or sell your drugs at motels in the middle of the night. Exactly what the hell was Medina thinking and what was Medina saying when he said:

“I mean, many times we’ve seen this; we have a rash.”

APD Chief Medina’s “rash” of homicides is more like a terminal crime cancer that Medina has been unable to deal with for the past 4 years working for Mayor Tim Keller.

Simply put, APD Chief Harold Medina’s November 8 press conference, what he said and his recommendations to the public are an embarrassment not only to himself but the department he heads and to Mayor Tim Keller. His comments are a reflection of a person way over his head and of failed leadership.

ABQ Journal Guest Column: “Criminal Justice System In Metro Is Not Broken”

On Sunday, November 7, the Albuquerque Journal published the following guest editorial column:

HEADLINE: “Criminal justice system in metro is not ‘broken’; Problem is stakeholders failing to do their jobs
BY PETE DINELLI
FORMER ALBUQURQUE CITY COUNCILOR AND CHIEF PUBLIC SAFETY OFFICER

“On September 23, Mayor Keller concluded a conference dubbed the “Metro Crime Initiative”. Participants included APD, the DA’s Office, the Courts and many other stakeholders to address what all participants labelled the “broken criminal justice” system and calling it a “revolving door”.

The entire “Metro Crime Initiative” started with the phony premise that our criminal justice system is broken. It’s not. The criminal justice is only as good as the stakeholder who are responsible to make it work and succeed. The 3 main components of the criminal justice system are law enforcement, prosecution and the courts. Examination of all 3 reflects failure to do their jobs.

LAW ENFORCEMENT

APD statistics for the budget years of 2019 and 2020 reflect that APD 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%. Bookings at the jail have plummeted from 38,349 in 2010 to 17,734 in 2020. To have booking, there must be arrests. APD’s homicide unit has an anemic clearance rate of 36%.

THE PROSECUTION

When Raul Torrez ran for DA the first time, he said our criminal justice system was broken. Torrez accused the District Courts of being responsible for the rise in crime and releasing violent offenders pending trial. Torrez accused defense attorneys of “gaming the system” to get cases dismissed against their clients. A report to the Supreme Court prepared by the District Court revealed it is the DA’s office dismissing more felony cases for various reasons than the courts. The DA’s office currently has the highest voluntary dismissal rate in its history, and plea agreements with low penalties are the norm. Data given to the Supreme Court revealed overcharging and a failure to screen cases by the DA’s Office contributes to a combined 65% mistrial, acquittal and dismissal rate.

THE COURTS

A negative perception of the courts is created when judges release violent felons and not holding them for trial without bond. It’s common knowledge that Judges are concerned about their disqualification rates, appeals and reversals and how they are perceived by the Judicial Performance Evaluation Commission. Judges are reluctant to make decisions and hold off on making the hard decisions to avoid controversy to protect their jobs.

The criminal justice system in this country and this state has never been perfect, nor will it ever be, but it is not broken. The criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain ignorance or political opportunism at its worst.

The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. It is not a “broken system” but a “systems failure” caused by their own failures to act and to do their jobs effectively. The problems and shortcomings within our criminal justice system will not ever go away unless and until the stakeholders do their own jobs in an effective and competent manner.”

The link to the Albuquerque Journal guest column is here:

https://www.abqjournal.com/2443789/criminal-justice-system-in-metro-is-not-broken.html

_________________________

POSTSCRIPT

The Albuquerque Journal publishes letters or columns expressing opinions on news and commentary The Journal editors have the exclusive right to review and decide what will be published. Guest opinion are limited to 550 words. The paper limits the number of submissions it will publish from one any one person a year. The paper also mandates the passage of 90 days before another column from one person will be considered for publication.

This postscript elaborates further on the Metro Crime Initiative.

THE METRO CRIME INITIATIVE

On September 23, the Metro Crime Initiative concluded after a series of 5 meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system.

The topics of discussion were broken down into 6 major categories with 5 meetings conducted over 2 months. The participants included the Governor office, the Attorney General office, the District Attorney, the Chief Public Defender, Senate and House members, the Mayor, City Council members, Bernalillo County Commissioners, APD, NM State Police, Metro and District Courts.

The Metro Crime Initiative concluded with a September 23 news conference at the Albuquerque Police Department’s (APD) Real Time Crime Center to announce the results of the meetings.

ACTION ITEMS ANNOUNCED

During the September 23 concluding press conference, local leaders admitted they have not been providing enough protection and resources to keep people safe. A list of 40 action items were revealed with the hope that once implemented they will lower Albuquerque’s crime efficiently and quickly. More than 20 departments statewide developed the checklist.

Following are the action items announced in 7 categories:

FIGHT CRIME

1. Fully fund public safety agencies
2. Hire more officers
3. Create retention programs for officers
4. Expand crime-fighting technology
5. Crack down on chop shops by enacting a law that makes owning, operating or doing business with a “chop shop” a crime.
6. Extend anti-auto theft & felony warrant partnerships
7. Fund dashboard to track criminal cases
8. Support security infrastructure for businesses
9. Coordinate to identify violent criminals
10. Invest in mobile speed enforcement

REDUCE GUN VIOLENCE

11. Strengthen gun storage laws
12. Detain gun offenders until trial
13. Strengthen gun crime penalties
14. Close loopholes in Red Flag law
15. Urge gun owners to self- record serial numbers
16. Study gun violence as public health issue

CLOSE THE REVOLVING DOOR

17. Fix 24/7 ankle monitoring
18. Increase staffing in courts
19. Use grand juries to protect victims & clear backlogs
20. Limit case management orders to detainees

STRENGTHEN DIVERSION

21. Expand court ordered treatment
22. Increase pre-arrest diversion offers
23. Lower cost barriers to diversion programs
24. Increase number of diversion agreements
25. Increase funding and capacity for specialty courts

REBUILD BEHAVIORAL HEALTH SYSTEM

26. Incentivize new provider services
27. Build peer support programs
28. Create 24/7 sobering center
29. Expand Turquoise Lodge
30. Increase addiction treatment services
31. Develop behavioral health career paths
32. Career training for underserved youth

EXPAND VIOLENCE INTERVENTION PROGRAMS

33. Fund CABQ Violence Intervention Program
34. Expand Violence Intervention Program statewide
35. Bring restorative justice to schools

MISCELLANEOUS ADDTIONS

Identified items added to the to-do list were the following:

36. Bail bond reform with a pre-trial presumption of dangerousness when an offender uses, brandishes, or is in possession of a firearm during a violent, drug or property crime.
37. Invest in “mobile speed enforcement” to free up officers while combating the scourge of dangerous driving”
38. Create a task force to examine officer retention and lateral recruitment programs for all police agencies in New Mexico”
39. Create restorative justice programs in schools”
40. City funding for indigent copays for drug testing for pre-prosecution diversion programs”

A very detail “check list” pamphlet was produces containing details of each action plan and can be found here:

https://www.cabq.gov/mayor/documents/mci.pdf

NOTHING NEW NOR INOVATIVE

When you examine the “check list” of the 40 different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over the past 2 years and include many programs already announced. The list contains nothing new. The items listed are ones that the participants should have been doing in the first place.

The 40 proposals are essentially an admission by many of the participants that they have not been doing their jobs effectively from the get go. There really is nothing new other than a public relations flyer and the checklist Mayor Tim Keller could hold up during his press conference.

FINAL COMMENTARY

Imbedded in our state and federal constitutions is how justice is served, to ensure and to protect all of our constitutional rights of presumption of innocence, due process of law and requiring convictions based on evidence. The corner stone of our criminal justice system is requiring prosecutors to prove that a person is guilty beyond a reasonable doubt before a jury and in a court of law.

The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. When you examine these 3 major stakeholders in Albuquerque and Bernalillo County, one conclusion that can be arrived at is that they are not doing their jobs.

Many thanks to the Albuquerque Journal for publishing the guest column.

NM Ethics Commission Seeks Expanded Authority And Funding; Slow Start On Cases; Create Agency Formula Funding Source To Insure Independence From Legislature

On November 5, 2018, New Mexico voters, with a 75% majority, voted for a constitutional amendment to establish an independent statewide ethics commission with subpoena power. The State Ethics Commission is a seven-member, bipartisan group. On March 15, 2019, the New Mexico State legislature enacted legislation creating the new, independent ethics commission. On January 4, 2020, a little more than 10 months after the NM Legislature enacted the creation of the Ethics Commission became fully operational.

ETHICS COMMISSION SEEKS EXPANDED AUTHORITY AND FUNDING

On Friday July 30, New Mexico House Majority Floor Leader Representative Sheryl Williams Stapleton abruptly resigned from the New Mexico House of Representatives ending a 27-year rise to power. On September 21, former state Rep. Sheryl Williams Stapleton was indicted on 28 criminal charges. According to the indictment, Williams Stapleton’s charges include 10 counts of 4th degree felony “official act for personal financial interest”, 5 counts of money laundering and 1 count each of racketeering and fraud.

https://www.kob.com/albuquerque-news/former-nm-rep-sheryl-williams-stapleton-indicted-on-criminal-charges-/6243614/

In the wake of the indictment of Williams Stapleton, the New Mexico Ethics Commission voted and its Executive Director Jeremy Farris announced that the Commission will be asking the 2022 New Mexico legislative session that begins on January 18, 2022 to expand its powers and to increase its budget.

EXPANDED POWERS

The Ethics Commission is asking the New Mexico legislature to expand the commissions jurisdiction to include the parts of the state Constitution that prohibits profiting from public office and that bans legislators from having an interest in contracts authorized by legislation passed during their term in office. Specifically, the expanded jurisdiction would give the commission authority in 3 major areas over constitutional provisions prohibiting:

1. Increased compensation for public officials during their term of office.

2. Legislators having an interest in any state or city contract that was authorized by law during their term or for one year afterward.

3. State officials who already draw a salary from drawing outside fees or otherwise profiting for their service in public office.

BUDGET INCREASE SOUGHT

During this year’s 2021 legislative session, the Ethics Commission’s budget was cut by 5%. The legislature also expanded the agency’s duties by directing it to handle enforcement related to notaries public. The commission is seeking an increase of 40% over what it received for the 2022 approved budget, with the fiscal year ending June 30, 2022. The agency is asking for a $1.28 million budget that would begin on July 1, 2022. The budget increase would be dedicated to increasing the commission staff from 5 to 9 employees. The additional funding will be used to hire an attorney, paralegal and database administrator and to restore a “special projects coordinator” whose funding was part of this year’s 5% budget cut.

THE COMMISSIONS DUTIES AND RESPONSIBILITIES

The postscript to the blog article outlines in great detail the powers and duties of the commission and the complaint process. Notwithstanding, the Ethics Commission’s duties include:

1. Initiating, receiving, investigate and adjudicating complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements for state officers and employees of the executive and legislative branches of government. This includes candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts.

2. Initiate state court enforcement actions of ethics laws. The agency sued a political committee last year and reached settlements requiring public disclosure of campaign spending and contributions.

3. Develop, adopt and promulgate the rules necessary to implement and administer the provisions of the State Ethics Commission Act Issuing advisory opinions and educating public officials.

https://www.abqjournal.com/2434601/nm-ethics-agency-seeks-expanded-staff-jurisdiction.html

https://pinonpost.com/ethics-commission-asks-for-more-staff-expanded-jurisdiction-to-curb-legislator-corruption/

SLOW START FILING CASES

Since becoming up and fully running, the Ethics Commission has initiated only 3 cases. The most likely reason for that is that the legislature has failed to fully fund the commission and has cut it budget. The examination of the most recent case filed is a perfect example of the importance of the commission and the potential it has to make a difference.

On October 6, it was reported that the State Ethics Commission has authorized its staff to take legal action against former Sandoval County Assessor’s Office employee Gabriel Vargas who went to work for Double Eagle Property Tax Consultants. The action is the first civil enforcement action taken against an individual and only third taken since the commission began its work last year.

The crux of the case centers on provisions in the Governmental Conduct Act (GCA) which prohibiting ex-government employees from leaving an agency and then representing clients before the agency on a matter they have worked on when with the agency. The GCA prohibits anyone from being paid to represent anyone before the agency for a full one year after leaving the agency. Vargas for his part has said he did not do anything wrong and complied with the one-year ban.

The State Ethics Commission, in an adopted resolution, said it had reason to believe Vargas violated the Governmental Conduct Act. The main accusation to the ethics charge is that on September 1, 2020 in hearing before the valuation protests board in Sandoval County that occurred a year and a day or two after Vargas left the Sandoval Assessor’s Office. In that September 1, 2020 hearing, Vargas, working for a private company, testified against his former colleagues and presented evidence to support reducing the proposed tax assessment on an office building by Rust Medical Center in Rio Rancho.

The valuation board largely sided with Vargas and reduced the assessed value of the Presbyterian Healthcare Services property from about $14.1 million to $11.4 million. The change will reduce its annual tax bill by about $35,000, according to a subsequent lawsuit filed by Sandoval County Assessor Linda Gallegos. The Sandoval County assessor is challenging the reduced value in court, contending Vargas broke the law by participating in the hearing that even though Vargas testified a day or two after the one-year ban, he was clearly involved in working on the tax dispute before then. The county’s appeal of the assessment decision is pending in State District Court.

The lawsuit authorized by the Ethics Commission is to seek civil penalties and “disgorgement,” which is where party defendant Vargas and his employer would have to give up illegal profits, which in the case could mean millions of dollars.

The Ethics commission’s 2 other civil enforcement actions targeted groups accused of spending money to influence New Mexico elections without properly revealing their campaign finance activity. Both civil cases resulted in a settlement requiring financial disclosures.

The link to the quoted source material is here:

https://www.abqjournal.com/2435595/ethics-panel-takes-first-individual-case.html

COMMENTARY AND ANALYSIS

New Mexico has had more than its fair share of public corruption scandals over the years. A rogue’s gallery of unethical conduct, fraud, theft and abuse of power and influence in New Mexico politics includes Former Democrat State Senator Manny Aragon, two former Democrat State Treasurers, Michael Montoya and Robert Vigil, former Republican Secretary of State Dianna Duran, former Democrat State Senator Phil Griego, former Republican State Senator Monica Youngblood, former Republican New Mexico Taxation, and Revenue Secretary Demesia Padilla. You can now add former state Representative Sheryl Williams Stapleton to the disgraced list.

Unproven allegations of “pay to play” plagued the 8-year tenure of Democrat Governor Bill Richardson with a federal grand jury investigation resulting in no indictments and no finding of “pay to play”. Former Republican United States Attorney for the District of New Mexico Gregg Forate, with an obvious strong Republican partisan bias, released a scathing letter of condemnation that accused the Richardson administration of “corrupting” the government contract award process.

During the 8-year tenure of former Republican Governor Susana Martinez, allegations of unethical conduct and undue influence with the award of the billion-dollar, 20-year Downs Race Track Lease, dubbed the “Dirty Downs Deal”, occurred. What also occurred was a federal grand jury investigation of the Republican Governor’s number one political consultant and campaign manager relating to misuse of her inauguration funding.

AGENCY FORMULA FUNDING SOURCE PROPOSED

The Ethics Commission is in the awkward position of having to ask lawmakers, elected officials it has jurisdiction to investigate individually, for more funding to operate. It was during the 2020 New Mexico Legislature that fears emerged that the New Mexico Ethics Commission would not get enough funding to carry out its work. Those fears materialized when the State Ethics Commission requested a $385,000 “supplemental appropriation” to help carry out its work the fiscal year that ended on June 30, 2020. It was during the 2021 legislative session this year that the commission’s funding was cut by 5%.

There is clearly a major conflict of interest or a built-in threat to the continuing functioning of a viable Ethics Commission when it is forced every year to ask for funding to continue with its existence and its work. There is an urgent need for a funding source separate or independent from the Legislature’s budget making authority to prevent commission budget cuts. Given the legislature’s duties and authority over all appropriations for agencies, it will be difficult to set up such a funding source without conflict, at least not without a court challenge, but it can be done.

One option would be enacting funding legislation that would provide for ongoing and pre-approved budgets with a formula mandating a small fraction of 1% of each state approved agency budget. As each agency’s budget is approved by the legislature it would automatically approve the funding of the ethics commission without decreases or increases The financing amounts from each agency would be dedicated strictly for the Ethics Commission and would not be subject to annual review or appropriation modifications by the legislature.

Any funding not spent or in excess of what is needed would revert back to the states general fund. Such a funding formula would be similar to the principal used in development programs that mandate a certain percentage of a developments and financing be dedicated for projects that are to be used by the general populace. An amendment to this year’s budget could be added to provide the funding formula for the Ethics Commission.

EMPOWER COMMISSION WITH AUTHORITY TO SUSPEND OR REMOVE

One area that merits serious consideration by the 2022 New Mexico Legislature is to empower the Ethics Commission with the authority to suspend or remove a public official or give the Commission the authority to seek from a District Court or Supreme Court the suspension or removal from office elected officials who have been found to have engaged in nefarious or unethical conduct or campaign finance law violations. Further, the Ethics Commission should be given authority over local elected officials such as Mayors and City Councilors.

The statewide Ethics Commission is going a long way to rebuild trust in a state government that has experienced way too much corruption throughout the decades. It slightly disappointing that the NM Ethics Commission has had only 3 major cases since it began its work in January and that needs to change. The commission needs to be fully funded and its staff expanded to do it job.

However, it will be able to do so only if it is empowered with real authority to suspend or remove someone for nefarious or unethical conduct. The Commission needs to be given full authority to hold nefarious and unethical officials actually accountable for their actions short of criminal prosecution, forced resignations or hoping that they will be voted out of office.
____________________________________________

POSTSCRIPT

ETHICS COMMISSION EXPLAINED

The New Mexico Ethics Commission is empowered to oversee state public officials, including state lawmakers, state employees and constitutionally elected officials, including the governor. The seven-member commission is empowered to fine public officials if they are found by the commission to have violated civil provisions of state laws. There is no authority to suspend or remove from office elected officials.

POWERS AND DUTIES OF THE COMMISSION

Under the New Mexico Ethics Commission Act, the commission:

“May initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.”

Additionally, the Ethics Commission:

“May require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or enforce such other acts as further provided by law.”

Powers and duties of the commission also include the power to develop, adopt and promulgate the rules necessary to implement and administer the provisions of the State Ethics Commission Act.

Absent from the enabling legislation creating the ethics commission is any authority to suspend or remove elected or appointed officials for nefarious or unethical conduct.

https://www.ncsl.org/research/ethics/50-state-chart-state-ethics-commissions-powers-a.aspx

COMPLAINT PROCESS

An Ethics Case before the Commission can begin in one of three ways:

1. A complainant may file a complaint with the Commission.
2. Another agency may refer a complaint filed originally with that agency to the Commission.
3. The Commission may initiate a complaint with the approval of at least five Commissioners.

Anyone who files a complaint must secure a notary public and attest to the truth of the allegations in the complaint under penalty of perjury. Although the Ethics Commission accepts only signed complaints, it can also initiate its own complaints with approval from 5 of the 7 commissioners. It can also accept referrals from other agencies.

The attorney appointed as “general counsel” by the seven-member commission serves as an investigator and prosecutor. The commission’s general counsel determines whether a complaint warrants investigation and if so, the general counsel will investigate the allegations made.

The Ethics Commission “hearing officers” are appointed to adjudicate the cases where evidence suggests there is an ethical violation. The hearing officers are required to use the legal standard of “preponderance of evidence” to make the determination if there was an ethical violation and must make specific findings.

The legal term “preponderance of the evidence” means the greater weight of the evidence required for the trier of fact, the hearing officer, to decide in favor of one side or the other. “Preponderance of the evidence” is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

The Ethics Commission through its general counsel is empowered to petition a state judge to issue subpoenas for documents and other materials as part of its work and with a judge designated to issue and grant the subpoenas on behalf of the commission itself. A public official who disputes a hearing judge’s finding are given the right to appeal the ruling to the seven-member ethics commission.

Ethics complaints are be made public 30 days after probable cause is found to proceed with an investigation. The ethics commission is prohibited from revealing ethics complaints that have been deemed frivolous or unsubstantiated, but the accuser or accused can publicly disclose the complaints.

The ethics commission is not empowered to investigate violations of legislative policies by legislators, such as sexual harassment policies, unless the Legislature works out an agreement for the ethics commission to investigate such complaints. Even then, if the ethics commission determines that a legislator has violated legislative policy, the ethics commission is required to turn over its findings to the Legislature, which would then in turn determine the legislator’s punishment.

A very significant provision included in the commission powers is authority over include statewide public officials such as the governor, the lieutenant governor, attorney general, secretary of state, public land commissioner and state auditor, or candidates for those offices, to those prohibited from soliciting campaign contributions from January 1 through the end of each year’s legislative session. However, the ethics commission has no authority over school board members and local officials such elected Mayors or City Councilors.

The enforcement of the state’s Open Meetings Act and Inspection of Public Records Act is left to the New Mexico Attorney General, and such enforcement is not made part of the duties of the Ethics Commission. State legislators are already prohibited from soliciting campaign contributions from January 1 through the end of each year’s legislative session.

JURISDICTION OF COMMISSION

According to its website, the Commission has “jurisdiction to enforce the civil compliance provisions of eight statutes and one constitutional provision for public officials, public employees, candidates, persons subject to the Campaign Reporting Act, government contractors, lobbyists and lobbyists’ employers”.

Allegations of criminal conduct are referred to law enforcement agencies. The 8 statutes the Ethics Commission is authorized to enforce are strictly civil in nature and provides for civil penalties and fines. The one power or penalty the Ethics Commission is not granted is the power to suspend or remove an elected or public official.
OFFICIALS NOT SUBJECT TO THE COMMISSION’S JURISDICTION

According to its website, the Ethics Commission has limited jurisdiction and only over certain individual as follows:

“LOCAL OFFICIALS AND EMPLOYEES”

The Commission’s jurisdiction is limited. … it cannot hear complaints alleging violations by local elected officials or local public employees such as county commissioners or municipal employees.

NO JURISDICTION OVER CRIMINAL CONDUCT

The Commission does not hear complaints alleging violations of state or federal criminal laws. The Commission will refer any complaint alleging criminal conduct to the Attorney General, the appropriate District Attorney, or the federal prosecutors. Such a referral does not prevent the Commission from pursuing civil enforcement, either through an administrative hearing or a civil action in state court.

LAWS OUTSIDE THE COMMISSION’S JURISDICTION

The Commission lacks jurisdiction to adjudicate complaints alleging violations of any law that is not expressly provided for in the State Ethics Commission Act including … the Human Rights Act, the Open Meetings Act, the Inspection of Public Records Act, the Extra Compensation Clause of Article IV, Section 27, or the Emoluments Clause of Article XX, Section 9.

LIMITATIONS BASED ON TIME

Three time-based constraints limit the Commission’s jurisdiction:
First, the Commission cannot adjudicate a complaint alleging conduct that occurred more than two years in the past or more than two years after the alleged conduct could reasonably have been discovered.

Second, the Commission lacks jurisdiction over a complaint that is filed against a candidate 60 days before a primary or general election for the pre-election period, unless the complaint alleges a violation of the Campaign Reporting Act or the Voter Action Act.

Third, the Commission lacks jurisdiction over conduct occurring on or before July 1, 2019.”

https://www.sec.state.nm.us/faqs/#Section02

WEBSITE LINK WITH INSTRUCTIONS

The Ethics Commission website contains a section where the public can sign up for updates from the commission including pending cases and advisory opinions. The website also gives a detail explanation on how a complaint can be filed, gives instructions on how to file an ethics complaint, provides forms and outlines what the complaint needs to allege, including laws believed to have been violated, witnesses and evidence relied upon. The website also provides a guide to respondents and what they must do to respond.

The link to the Ethics Commission website can be found here:

https://www.sec.state.nm.us/

APD “Bonus And Incentive” Pay Should Concentrate On New Generation Of Officer Hires; Offer $30,000 Sign On Bonuses To New Recruits; Restructure APD Hourly Pay To Salary Positions Eliminating Overtime Pay And Longevity Bonuses

Over the last 20 years, the Albuquerque Police Departments ( APD) attrition rate has been a consistently 60 police officers a year. That includes terminations, transfers and police officers who have decided they do not want to be a police officer anymore. That began to changed dramatically in 2020. For all of 2020, APD had 81 departures. In 2021, halfway through the year, APD had 82 departures. On September 21, it was reported that the current number of APD sworn officers stands at approximately 906 and that APD since January has lost 122 sworn police.

https://www.abqreport.com/single-post/122-officers-have-left-apd-since-january

https://www.petedinelli.com/2021/08/19/apd-personnel-meltdown-continues-staffing-shortages-prompt-15000-recruitment-bonuses-apd-shift-changes-announced/

MINIMUM QUALIFICATIONS TO BE AN ALBQUERQUE POLICE OFFICER

All prospective Albuquerque Police Department officers must meet the following eligibility criteria:

1. Be a US citizen and at least 21 years old at the time of police academy graduation
2. Have a high school diploma or GED, and possess a valid driver’s license.
3. Applicants must have completed a minimum of 32 college credits unless the applicant has at least of two years of experience with and received an honorable discharge from the United States military.
4. Two years of continuous service as an Albuquerque police service aid or prisoner transport officer or five years of continuous service in a government or private sector position may also qualify for a waiver of the college credit requirement.
5. Immediate disqualification occurs if an applicant has a felony conviction, has been convicted of domestic violence, or has been convicted of a misdemeanor within three years of the application date.

STEPS TO BECOME AND ALBUQUERQUE POLICE OFFICER

Having the “minimum” qualifications to be an Albuquerque Police Officer only gives you an opportunity to test for the job.

The actual steps that must be taken to become an Albuquerque Police Officer are complicated and are as follows:

1. Meet the minimum qualifications for prospective officers and verify your eligibility by submitting an interest card to the Albuquerque Police Department.
2. Take the City Entrance Exam, which is similar to a civil service exam.
3. Submit a personal history statement.
4. Pass a physical abilities test.
5. Take the Nelson-Denny Reading Test (Note: this is a multiple-choice test measuring skill in vocabulary and reading.)
6. Submit the required personal documents, such as a credit report and photograph.
7. Complete a written psychological evaluation and background investigation.
8. Take a polygraph exam.
9. Complete a psychological interview.
10. Attend a panel interview with the Chief’s Selection Committee.
11. Complete a medical exam and drug screen.
12. Accept a conditional hire offer, attend and successfully complete the 26 weeks of the police academy.
13. Begin working as an Albuquerque patrol officer and [completing six months of patrol work with another sworn officer].

https://www.criminaljusticedegreeschools.com/criminal-justice-resources/police-departments-by-metro-area/albuquerque-officer-requirements/#requirements.

Recruitment of new officers has been difficult to the point that on August 2, APD began offering sign on bonuses worth thousands of dollars. According to the August 2 KOAT TV news report, the bonuses are:

$15,000 for lateral police officers (experienced officers transferring from other departments)
$5,000 for cadets or new recruits
$1,500 for police service aides

The $15,000 bonuses announced in August lateral officers is broken down into 3 separate payments. Lateral hired officers are paid $5,000 when they’re hired, $5,000 when they complete their fourth week in the academy, and the third $5,000 payment is made after a one-year probationary period.

DOUBLING DOWN ON BONUSES FOR NEW RECRUITS

Despite the implementation of hiring bonuses, APD has continued to have trouble recruiting a new, younger generation of police officer. On October 27, APD announced that it is doubling the signing bonuses for new police cadets from $5,000 to $10,000. The increase in bonuses are another attempt to grow the size of the police force that struggles to stay fully staffed, especially in the last two years. It was also announced that emergency dispatchers and telecommunication operators will get $1,500 signing bonuses.

According to police spokeswoman Rebecca Atkins, APD has 945 sworn officers as of October 27, but confidential sources within APD have said the number is actually as few as 900 with more retirements and resignations still being processed as officers take earned time off. Yet another source within APD says as many as 100 more sworn police will be leaving or retiring by January 1, 2022.

The link to quoted source material is here:

https://www.abqjournal.com/2441302/city-sets-10k-signing-bonus-for-police-cadets.html

APD PAY RATES

The sign on bonuses are in addition to the base pay sworn police are paid once hired. APD’s hourly and total yearly base pay is summarized as follows:

Starting pay for an APD Police Officer immediately out of the APD academy is $29 an hour or $60,320 yearly.
Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly.
Senior Police Officers with 15 years or more experience have a base pay rate of $31.50 an hour or $65,520 yearly.
The hourly base pay rate for APD Sergeants is $35 an hour, or $72,800 yearly.
The hourly base pay rate for APD Lieutenants is $40.00 an hour or $83,200.

LONGEVITY PAY BONUSES

In addition to their hourly and yearly pay, APD police officers are paid longevity bonus pay added to their pay at the end of the year. Following are the longevity pay rates:

For 5 years of experience: $100 are paid bi-weekly, or $2,600 yearly
For 6 years of experience: $125 are paid bi-weekly, or $3,250 yearly
For 7 to 9 years of experience: $225 are paid bi-weekly, or $5,800 yearly
For 10 to 12 years of experience: $300 are paid bi-weekly, or $7,800 yearly
For 13 to 15 years o experience: $350 are paid bi-weekly, or $9,100 yearly
For 16 to 17 years or more: $450 are paid bi-weekly, or $11,700 yearly
For 18 or more years of experience: $600 are paid bi-weekly, 15,600 yearly

OVERTIME PAY

In addition to sign on bonuses, hourly pay and longevity pay, APD sworn police can be paid overtime and paid time and a half. APD overtime has been a major source of controversy for a number of years resulting in 7 audits performed on APD overtime practices since 2014.

During the last 10 years, the Albuquerque Police Department has consistently gone over its overtime budgets by millions. In fiscal year 2016, APD was funded for $9 million for over time but APD actually spent $13 million. A March, 2017 city internal audit of APD’s overtime spending found police officers “gaming the system” that allows them to accumulate excessive overtime at the expense of other city departments. A city internal audit report released in March, 2017 revealed that the Albuquerque Police Department spent over $3.9 million over its $9 million “overtime” budget.

https://www.petedinelli.com/2018/03/30/apd-overtime-pay-abuse-and-recruitment-tool/

At the beginning of each calendar year, City Hall releases the top 250 wage earners for the previous year. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. The 2019 and the 2020 city hall 250 highest paid wage earnings shows the extent of excessive overtime paid to APD sworn police. For both the years of 2019 and 2020, 160 of 250 top paid city hall employees were police who were paid between $107,885.47 to $199,666.40.

In 2019, there were 70 APD patrol officers in the list of 250 top paid employees earning pay ranging from $108,167 to $188,844. There were 32 APD lieutenants and 32 APD sergeants in the list of 250 top paid employees earning pay ranging from $108,031 to $164,722 because of overtime.

In 2020, there were 69 patrol officers paid between $110,680 to $176,709, 28 APD Lieutenants and 32 APD Sergeants who were paid between $110,698 to $199,001 in the list of the 250 top paid city hall employees paid between.

CURRENT STAFFING LEVELS

When Mayor Tim Keller assumed office on December 1, 2017 for his first term, there were 861 full time sworn police according to the 2017-2018 city budget figures and payroll records at the time. To keep his campaign promises to grow the size of APD to 1,200 sworn police, Mayor Keller order his Administration to begin implementing an $88 million-dollar police expansion program. The announced goal was to increase the number of sworn police officers from 861 positions filled to 1,200, or by 339 sworn police officers, over a 4-year period. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term, pledging to hire 100 new police officers a year.

https://www.petedinelli.com/2021/03/29/mayor-tim-kellers-998-police-force-not-the-1200-police-force-promised-by-candidate-keller/

APD is the largest budget 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. It also includes funding for new positions, including 11 investigators to support internal affairs and the department’s reform obligations under the Federal Court Approved Settlement Agreement, and two communications staffers.

Notwithstanding the approved funding for 1,100 sworn police the number of police officers patrolling the street of Albuquerque is dangerously low. As of July 24, 2021, APD has 940 sworn police according to city personnel records, but only 369 are actually patrolling the streets of the city. The 369 filed service officers are divided into 6 area commands and 3 separate shifts.
According to an August 2 KOAT TV news report, APD patrol staffing is as follows:

369 patrol officers, for six area commands and 3 shifts
59 patrol sergeants
18 lieutenants
18 – 22 bike officers

https://www.koat.com/article/400-apd-patrol-cops-albuquerque-police-department/37203121

There are 6,966 Albuquerque City employee according to personnel record. As of July 24, 2021, APD has 940 sworn police according to city personnel records. The average employee salary for the city of Albuquerque in 2020 was $44,475 or $21.38 an hour. This is 27.8% lower than the national average for government employees and 34.7% lower than other cities.

https://openpayrolls.com/city/albuquerque-nm#:~:text=The%20average%20employee%20salary%20for,records%20for%20Albuquerque%2C%20New%20Mexico.

APD pay is already some of the highest law enforcement pay in the country when you add base pay, overtime pay, longevity pay, insurance benefits and retirement program yet the city is still having a problem with recruiting a new generation of sworn police and retaining experienced cops.

RESONS WHY RECRUITING AND TRAINING A NEW GENERATION OF YOUNGER POLICE OFFICERS DIFFICULT

APD consistently has thousands of applicants that apply to the police academy every year as evidenced by the number of “interest cards” submitted which is the first step to applying with APD. The overwhelming number of police academy applicants fail to get into the academy for any number of reasons including failing to meet minimum education and entry qualifications, unable to pass criminal background checks, unable to make it through psychological background analysis, failing the polygraph tests, lying on the on the applications or failing a credit check. Once in the police academy, many cadets are unable to meet minimum physical requirements or unable to handle the training and academic requirements to graduate from the academy and drop out.

Notwithstanding the recruitment efforts, lucrative pay and incentives offered, APD is still severely understaffed and struggling to implement expansive and expensive Department of Justice (DOJ) agreed to and mandated reforms. Recruiting a younger, new generation of sworn police officers and growing the size of the police department has become very difficult and unachievable for any number of reasons. Those reasons include:

1. APD’s poor and negative national reputation.
2. Albuquerque’s high violent crime rates are not conducive to attracting people who want to begin a long-term career in law enforcement in Albuquerque.
3. The increased dangers of being a police officer in a violent city such as Albuquerque.
4. An APD police officers heavy work load.
4. The DOJ oversight requirements.
5. Many recruited lateral hires may also be looking to retire sooner rather than later, coming to the City to increase their high three salary to retire with a more lucrative pension and collect the longevity pay bonuses.

LATERAL HIRE BONUSES DO NOT RESULT IN LONG TERM COMMITMENT

From a personnel management standpoint, it is highly likely that many APD police officers who are eligible for retirement decided to stay on and continue for a few more years with APD because of the significant increases in hourly pay and longevity pay and increasing their retirement benefits but still plan on retiring in three years once they get their high 3 years of pay.

When you offer $15,000 bonuses to lateral hires, what happens is that those officers are not making a long-term career commitment to stay with APD. What the lateral hires are doing is taking the bonus, hired at a higher salary for a 3 years to cap off their retirement pay and then move on as quickly as they can and retire. This is exactly what happened in the early part of Keller’s first term. APD began a process of raiding other New Mexico law enforcement departments offering higher wages and bonuses. Keller actually called it “poaching”.

Former APD Chief Michael Geier recruited many from the Rio Rancho police department where he retired as Chief to become APD Chief The first year of lateral hires resulted in 70 lateral transfer hires. Three years later, APD Spokesman Gilbert Gallegos revealed that most of those 70 laterals were no longer employed with APD and retired or moved on. Offering bonus pay to start their careers for new cadets being recruited with a 6-year commitment from the new officers would likely be far more successful.

The sign on bonuses of $15,000 for lateral police officers, and now $10,000 for new recruit cadets and $1,500 for police service aides will have some limited success but in the long run not make much of a difference. Paying more money to lateral police officer hires has been tried before, is still going on and has not worked. APD pay is already some of the highest law enforcement pay in the country when you add base pay, overtime, longevity pay, insurance benefits and retirement program and the city is still having a problem with retentions of experienced cops.

COMMENTARY AND ANALYSIS

The paying of sign on bonuses of $10,000 is an excellent first step in recruitment of a new, younger generation of police officer, but it is not at all likely it will have much of an impact. To have a real impact, sign on bonuses to new recruits should be raised to $30,000 in exchange for a minimum commitment of 6 years of service with APD. The bonus contract would be for a 6 year term and if termination occurs before the 6 years, the contract would require a pro rata return payment. The $30,000 sign on bonus contract would do far more to ensure that APD retains new officers beginning an wanting a law enforcement career that the city has spent thousands each year to train only to have those new officers move on as soon as possible to another law enforcement agency.

Now that Mayor Tim Keller has secured a second 4-year term, he should direct the city Human Resource Department to rewrite APD sworn police job descriptions and restructure the APD pay system to salary pay system with grades and steps. Further, Keller should order increasing sign on bonus to new recruits as well as lateral hires to $30,000 and require a minimum 6 year commitment of active service with no inclusion of annual leave to secure a full six year of active service.

As an alternative to paying overtime and longevity bonus, the city should also do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service and performance and merit. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented.

A base pay salary system should be implemented for all APD sworn personnel. A base salary system with step increases for length of service should be implemented. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same, but if more time is needed to complete a work load or assignments for the day, the salaried employee would work it for the same salary with no overtime paid and a modification of shift times for court appearances.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignment, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear at such arraignments.

CONCLUSION

Negotiations for a new APD union contract have been suspended because of the pandemic. If and when the City and the APD union return to the bargaining table to negotiate a new contract, the abolishment of hourly wages for APD sworn and implementation of a salary structure should be the first negotiated item for the new contract. The city should also prohibit the inclusion of sergeants and lieutenants, which are management, in the union and make those positions “at-will” as are commanders.

Links to related blog articles are here:

State Auditor Brian Colón Foolish Saying His Audit On APD Overtime Abuse Will Result In 100% Compliance; 160 Police Union Members Made Between $110,000 To $200,000 In 2019 And 2020 Because Of Overtime; Abolish All APD Overtime And Implement Salary Structure With Steps

Candidate Keller Promised 1,200 Sworn APD Police Force; Keller’s Claim He Has Hired 400 Sworn Police Misleads; 400 New Hires Offset By 80%; APD Sworn Dangerously Down Despite Fully Budgeted

“All Victory Is Fleeting” In A “Dead End Job”; Congratulations To Mayor Tim Keller On Second Term Win; 3 Major Losses For Keller: 2 City Council Seats And 1 Soccer Stadium

“For over a thousand years Roman conquerors returning from the wars enjoyed the honor of triumph, a tumultuous parade. In the procession came trumpeters, musicians and strange animals from conquered territories, together with carts laden with treasure and captured armaments. The conquerors rode in a triumphal chariot, the dazed prisoners walking in chains before him. Sometimes his children robed in white stood with him in the chariot or rode the trace horses. A slave stood behind the conqueror holding a golden crown and whispering in his ear a warning: that all glory is fleeting.”

Four Stat Army General George S. Patton, Jr. World War II

MAYOR TIM KELLER’S WIN

Congratulations to Mayor Tim Keller on his decisive win over Sheriff Manny Gonzales and Radio Talk show host Eddy Aragon. On election night, Keller basked in the glory of a victory well-earned as he spoke to his supporters with his wife and young children standing by his side. Mayor Keller can take great comfort that voters had enough confidence in giving him another 4 years as mayor without a run off. Keller can be very thankful that he won with 56% of the final vote and that he had two very weak candidates this election cycle with conservative “Democrat in Name Only” Sheriff Manny Gonzales who secured 26% of the vote and Der Führer Trump Radio Shock Jock Eddy Aragon who secured 18% of the vote. Although the percentage victory was high, the voter turn out was still a low 119,745 votes cast in a city that has 383,000 voters.

What Mayor Keller cannot take great comfort in is that despite his decisive victory of 56%, his popularity has taken a major hit. Keller was first elected in 2017 by coming in first by beating all 7 of his opponents to get into a runoff. He went on to win in 2017 by a decisive landslide against Dan Lewis who secured 37.8% with Keller winning with 62.2% of the vote. In this year’s election year, Dan Lewis was again elected to city council garnering 52% of the vote and by beating incumbent City Councilor Cynthia Borrego’s 40% of the vote and who who replaced Lewis 4 years ago. One year ago, Keller had a 61% approval rating. Even with his constant, daily search for attention, press conferences, very recent polls show Keller’s job approval rating is at a disappointing 50% compared to his 56% victory, meaning that 50% of the voters may be disappointed in his job performance, but they decided to vote for him anyway and could not vote for his opposition. Keller’s low approval rating is likely because of the pandemic and his failure to keep his promise of reducing crime.

https://www.krqe.com/news/politics-government/elections/tim-keller-wins-reelection-in-albuquerque-mayoral-election/

https://www.koat.com/article/election-results-new-mexico/38140204

Keller’s accomplishments over the last 4 years have been less than stellar. The city’s high murder rate is rising even further. Violent crime and murders are still increasing with the city breaking the all-time record 3 times during his term. Keller has not come close to the change he promised in 2017. Keller failed to make the sweeping changes to the Albuquerque Police Department, and his promised implementation of the DOJ reforms stalled so much that he fired his first chief. Keller has appointed Harold Medina – who has a nefarious past with the use of deadly force against two people suffering from psychotic episodes – permanent chief. Keller is not even close to reaching the 1,200 sworn police officers promised 4 years ago with APD down to about 900 sworn police officers. Community-based policing is still a thing of the past. Keller’s promise to bring down violent crime never materialized and his 4 programs to bring down violent crime have failed. During the four years of his first term, murders hit an all-time record and the overwhelming majority are still unsolved. Keller’s only major accomplishment of getting funding for the Gateway Center and acquiring the old Loveless hospital for the City’s homeless is still on the drawing board pending a conditional use approval with remodeling still in the distant future.

SECOND TERM CURSE

The downside to winning a second term for Mayor Tim Keller is that nothing is going to change much for him over the next 4 years. After 4 years in office, Mayor Tim Keller under his leadership still has a police department that is failing miserably to police itself and is in a catastrophic meltdown. The public is still waiting for results in reducing violent crime which has only gotten worse under his tenure. Keller has only himself to blame given the fact he promised to bring down crime, implement the police reforms and he personally selected those in charge of APD and he went back on his campaign promise not once but twice to hire a new Chief from outside the agency. Keller appointed as the new chief a man with a nefarious past having shot and killed a 14-year-old having a psychotic episode and gave the order authorizing the use of deadly force to take into custody a 26-year-old suffering from post-traumatic syndrome that resulted in the city paying out millions to settle the case.

Consecutive second terms are usually worse than first terms for mayor if they get one, just ask former Mayors Marty Chavez and Richard Berry who served consecutive terms. All the problems that existed for Keller the day before the election still exist the day after his election to a second term. Keller still has skyrocketing violent crime rates he promised to bring down, APD is still failing to come into compliance with the Department of Justice Consent decree reforms, APD continues to shrink in size with sworn police leaving in droves, the homeless crisis continues to get worse as homeless numbers spike, the city’s unemployment rate is above the national average as is the city’s poverty rates, Keller has no economic development he can really take credit for and we still have a downtown that remains a ghost town despite Keller’s pledge and efforts to revitalize it. Selling the historic Rosenwald building on central to his supporters the Garcia’s for a song is not downtown revitalization. Mayor Keller and his appointed Chief Medina are faced with a police union that has no respect for him nor his police chief. A recent union survey found that 98% of sworn police do not feel supported by Mayor Tim Keller and 94% sworn police do not approve of Police Chief Harold Medina. Complicating matters is that APD police are leaving the department in droves and now Keller is resorting to offering new APD recruits $10,000 sign on bonuses.

MAYOR TIM KELLER’S LOSSES ON CITY COUNCIL

Although Mayor Keller won a second term by a decisive margin in all 5 of the City Council Districts on the ballot this year, things will no doubt dramatically change for him on the Albuquerque City Council. His support of two Democrat incumbents did them no good, even though Keller himself won the two council districts.

District 3 Democrat City Councilor Klarissa Peña, 54, was unopposed this year. She had a business and community service background having worked with Youth Development, Inc (YDI) for a number of years. Peña was first elected to the post in December 2013 and cruised to a second-term victory over one challenger in 2017.

In City Council District 1, Albuquerque’s Central Westside, Democrat City Councilor Lan Sena, 31, lost to Democrat and former APD police officer Louie Sandchez,(56), who now operates 2 Allstate Insurance companies. Sanchez when with APD was also assigned to Mayor Chaves’ security detail. City Councilor Lan Sena is progressive democrat appointed by Mayor Keller to the City Council when long serving City Councilor Ken Sanchez passed away on January 1. Councilor Sena was a considered a reliable progressive vote for Keller’s initiatives and the Planned Parenthood measured finance committee sent out flyers jointly promoting Keller and Sena.

Incumbent Democrat City Councilor and President of the City Council Cynthia Borrego, 64, District 5, lost her bid for a second 4-year term to former Republican City Councilor Dan Lewis. Borrego was a reliable vote for Keller on the city council. Dan Lewis won his seat back with 52% of the vote to Borrego’s 40% of the vote with Phillip Ramirez, 43, securing 9% of the vote. Conservative Republican Dan Lewis will now have his old platform on city council and will no doubt take an adversarial approach dealing with Keller on the city council and perhaps run for Mayor again in 2025.

The mid-heights City Council District 7 race had 6 running to succeed Democrat Diane Gibson, who announced in April that she would not seek a third term. Diane Gibson was known to support Manny Gonzales over Tim Keller for re-election after Keller repeatedly ignored Gibson. A runoff will be between conservative Republican Lori Robertson, 48, a real estate agent and Progressive Democrat Tammy Fiebelkorn, 51, who City Councilor Diane Gibson endorsed as her successor. Should Republican Robertson win, Keller’s influence over the city council will be diminished with a significantly reduced Democrat majority.

In District 9, the East Central and 4 hills area, three candidates were trying to succeed long time serving, ineffective, uninspiring, unknown Don Harris, a Republican who decided not to seek a fifth term after serving since 2005. A runoff will between conservative Republican candidate, Renee Grout, 60, who received 42% of the vote, and Democratic candidates, Rob Grilley Jr., 37, earned 30%. Democrat Byron Powdrell, 54, earned 28% of the vote, had received the Journal endorsement and who is part of the famous Powdrell family known for their bar-b-que restaurants. Democrat Grilley could become the first Democrat to win in the district after many years of Republican control if he can get the support of Powdrell and his voters.

https://www.abqjournal.com/2442911/candidates-vie-for-four-competitive-city-council-races.html

KELLER’S SOCCER STADIUM BOND LOSS

The $50 million gross receipt tax bond had 35% who voted for it and had 65% who voted against it. Mayor Tim Keller from the very beginning was a major proponent of the $50 million bonds initiative to build a multiuse soccer stadium estimated to cost $65 million-$70 million. On July 24, Keller took part in pregame tailgate parties for a New Mexico United Soccer Team game and then took to the field of Isotopes Park during halftime. In a campaign style speech before a crowd of tailgate party goers, Keller announce to the crowd of 10,000 he was sending a resolution to City Council to place the proposal on the November 2 ballot . The City Council did just that, but the bond measure failed miserably on a two to one vote while virtually all of the other bond requests passed by healthy majorities. The stadium bonds failed, despite a $1 million dollar ad campaign finance by New Mexico United soccer team that was to be the primary tenant of the facility and that agreed to contributing $10 million for construction and leasing it from the city and paying $800,000 in rent a year to the city. Election night, Keller said his administration will respect the voters’ decision not to fund the stadium.

https://www.abqjournal.com/2442913/voters-to-decide-on-soccer-stadium.html

VOTER TURN OUT

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. 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%. According to the Bernalillo County clerks office, turnout countywide turnout 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%. I n the 2013 mayor’s race, only 70,473 voted, or a miserable 19%.

The likely explanation for the historical turnout 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.

“ALL GLORY IS FLEETING” IN A “DEAD END JOB”

In politics, timing is everything and so is opposition. Tim Keller has had a very charmed political career as far as timing and opposition. He has shown political opportunism at its worst as he jumped from state senator after defeating another democrat to state auditor both times in midterm and then ran for Mayor in 2017. Keller rode a waive of popularity he created as State Auditor as a white night combating “waste, fraud and abuse” in state government to run for Mayor in 2017. That charm and opportunism will come to a screeching halt if Keller’s popularity continues on the downward spiral which is more likely than not to happen in a second term. That is just the nature of the office of mayor where it is impossible not to offend anyone.

The job of Mayor of Albuquerque is considered a “dead end job” by many political observers. To become mayor of Albuquerque is to become disliked. A mayor becoming disliked is caused by what is referred to as “voter political fatigue”. Just ask former Democratic Mayors Jim Baca, Ken Schultz, Marty Chavez and Republican Mayor Richard Berry, all who wanted to go on to higher office such as United State congress or Governor.

Two term Republican Mayor Harry Kinney, who has passed away, ran for Governor and could not secure the Republican nomination. Democrat Jim Baca wanted to run for United States Congress but lost his bid for a second term which ended his political career. Democrat Ken Schultz had every intention of running for Governor until Governor Bruce King announced he was running again and Schultz went on to lose his bid for a second term as Mayor. Schultz also went on to be indicted and plead guilty to the Metropolitan Court scandal for receiving kick back in involved with the multi million dollar state construction project.

Democrat Mayor Marty Chavez after his first term decided not to seek a second consecutive term and he left with a 71% approval rating to run for Governor only to lose to Republican Governor Gary Johnson who sought a second term. Thereafter Chavez successfully ran for two more terms as Mayor but lost his fourth bid to become mayor to Republican Mayor Richard Berry. Before that, Mayor Chavez ran for US Senate when Senator Pete Domenici retired, but Chavez was essentially force out of the race by US Senate Leadership who refused to support Chavez and supported congressman Tom Udall. After serving his 3rd term as Mayor and losing to Berry, Chavez ran for US congress and came in third when Democrat Mitchell Lujan Grisham became the congresswoman for the Albuquerque area district.

After being elected to his second term as mayor in a landslide victory, Richard Berry was making plans to run for Governor but as a legacy project he unilaterally decided upon constructing the ART Bus line down central. Berry left office on December 1 when Tim Keller was sworn into as Mayor. Berry had a 34% approval rating when he left office dashing any hopes he had on becoming governor.

Like most, if not all Mayors before him, Tim Keller has higher ambitions. He has said to many in private he wants to run for Governor or a federal office and go to Washington. Keller has said in the past his ultimate goal is to be Governor and run in 2026 after Governor Lujan Grisham serves a second term, if she is reelected. If Keller goes on to higher office, he will be the only Mayor since the creation of the modern-day Mayor and 9 member City Council form of government to go on to higher office. If Keller does in fact seek a third term as Mayor, or seeks to run for Governor, or even runs for federal office where he will have to run against an incumbent Democrat, Mayor Keller’s charmed political career of having very weak opposition will come to an end. Until then congratulations and good luck to Mayor Tim Keller on his decisive win and over the next 4 years.

Rumor has it Keller’s campaign manager Neri Olguin was last seen election night holding the city’s’ blue seal over Keller’s head while he was bent over to his side as Chief Administrative Officer Sarita Nair was whispering in Keller’s ear “all glory is fleeting.”