EDITORS NOTE: Freelance reporter Charles Arasim contributed to this blog article regarding the Citizens Police Oversight Agency and locating the statistics reported herein. He is a citizen police oversight advocate, and as such was recognized by the Department of Justice when the Court Approved Settlement Agreement was negotiated. Mr. Arasim has scrutinized the process and usefulness of the Police Oversight Ordinance and Agency.
During the December 16, 2021 court hearing before Federal Judge James Browning on the Federal Monitor’s 14th Compliance Report, APD reported on the “rebuilding” of APD during the past 4 years by comparing APD staffing levels on December 7, 2017 to the December 6, 2021 staffing levels. Following are the statistics provided to the court:
DECEMBER 7, 2017 APD STAFFING LEVELS
Full Sworn Officer Count: 836
1 APD Chief
1 Assistant Chief
1 Deputy Chief
3 Majors
13 Commanders
33 Lieutenant
105 Sergeants
680 Patrol Officers
Note that the APD high command that worked directly out of the Chief’s Office in 2017 consisted of 6 sworn APD staff: APD Chief, Assistant Chief, Deputy Chief and 3 Majors. The positions of management positions of Lieutenants and Sergeants and the Patrol Officers are all allowed to join the police union covered by the police union contract.
DECEMBER 6, 2021 STAFFING LEVELS
Full Sworn Officer Count: 917
1 APD Chief
1 Superintendent Of Police Reform (Created 8 months ago)
1 Deputy Superintendent Of Police Reform (Recently created)
6 Deputy Chiefs (3 new Deputy potions created and added)
1 Chief of Staff
12 Commanders
14 Deputy Commanders
44 Lieutenants
113 Sergeants
2 Sworn CSA’s
731 Patrol Officers
Note that the APD high command that works directly out of the Chief’s Office in 2021 consists of 10 full time employees: the Chief, the Superintendent and Deputy Superintendent Of Police Reform, 6 Deputy Chiefs and one chief of staff. The positions of management positions of Lieutenants and Sergeants and the Patrol Officers are all allowed to join the police union covered by the police union contract.
TERMINATIONS, RETIREMENTS, RESIGNATIONS AND REPLACEMENTS
During the January 13, 2022 meeting of the Civilian Police Oversight Commission , Board member Eric Nixon requested information regarding APD staffing. The data request included the following:
New hires
Cadets in the APD Academy
Cadets graduating the Academy
Terminations
Retirements
Resignations
According to the January 13, 2021 minutes of the Civilian Police Oversight Board, Assistant United State Attorney Elizabeth Martinez from the Department of Justice provided the information. The information sent by the DOJ was “deemed too voluminous by board members”.
https://www.cabq.gov/cpoa/documents/finding-letters-for-january-13-2022_redacted.pdf
As a result, Civilian Police Oversight Agency staff was requested to distill the requested data into a visual report. The link to the information was provided to the board on January 26, 2022. Below is the link:
https://my.visme.co/view/8r0dxdnv-d3o26vovx867lgxw
Review of the minutes of the Civilian Police Oversight Board does not reveal why it was Assistant United State Attorney Elizabeth Martinez from the Department of Justice who provided the information. Requests for such information would normally be made to the City and then supplied by the city, yet the information came from the DOJ.
This is significate because the DOJ is suing the City. The question is how DOJ was made privy to the statistics. There is no indication why Citizen Police Oversight Board member Eric Nixon wanted with the statistics in the first place nor what they would be used for. Arguably the CPOA Board has no idea what the statistics mean nor how to apply and interpret them.
COMPARING 2017 STAFFING LEVELS TO 2021 STAFFING LEVELS
The APD Staffing level report slide presentation prepared by the Police Oversight Agency is dated January 21, 2021 and provides the following statistical information that was compiled by the APD human resources division:
A total of 101 sworn police officers joined the ranks of APD in 2021.
The APD Training Academy Commander reported 30 APD cadets in the 125-cadet class.
The APD Training Academy Commander reported Class Number 6 of the CNM community college had 12 lateral hires who graduated on February 3, 2021,
Total combined APD academy and CNM lateral hires that will be working with APD is 42. (NOTE: There is 1 additional Albquerquerqu Fire and Rescue Arson Investigator included in the 125 Academy Class.)
2017 TO 2021 TERMINATIONS, RETIREMENTS, RESIGNATIONS
The following terminations were reported by the Civilian Policed Oversight Board:
2017: 5
2018: 1
2019: 0
2020: 11
2021: 8
TOTAL: 25
The following retirements were reported by the Civilian Policed Oversight Board:
2017: 21
2018: 27
2019: 31
2020: 46
2021: 88
TOTAL: 213
The following resignations were reported by the Civilian Policed Oversight Board:
2017: 18
2018: 23
2019: 28
2020: 27
2021: 36
TOTAL: 132
2017 VERSUS 2021 APD PERSONNEL
The Police Oversight Agency Report dated January 21, 2021 compared the totals of APD sworn personal for the year 2017 to 2021 as follows:
APD Chief:
2017: 1
2021: 1
SUPERINTENDENT OF POLICE REFORM
2017: 0
2021: 1 [Created in 2021]
DEPUTY CHIEFS
2017: 1
2021: 6
MAJORS:
2017: 3
2021: Potions abolished
COMMANDERS
2017: 13
2021: 12
DEPUTY COMMANDERS
2017: 0
2021: 14
LIEUTENANTS
2017: 33
2021: 44
SERGEANTS
2017: 105
2021: 113
PATROLMAN
2017: 680
2021: 731
CSA’s
2017: 0
2021: 2
TOTAL SWORN STAFFING
2017: 837
2021: 926
https://my.visme.co/view/8r0dxdnv-d3o26vovx867lgxw
COMPARING 2017 FIELD OFFICER STAFFING LEVELS WITH 2021 FIELD OFFICER STAFFING LEVELS
The APD Staffing report by the Police Oversight Agency also provides statistical information comparing APD area command levels for 2017 and 2021. Area residents and Albuquerque City Councilors are always concerned and ask questions about the number of field officers are assigned to their area commands. The total number of field officers assigned to each area command must be divided into 3 separate working shifts with the number assigned to each shift varying and depending on call volumes. Also, the number assigned to each shift is reduced by those officers that are on annual leave, sick leave, military service leave or in court. The statistics comparing the number of field officers in each area command for the years 2017 and 2021 are as follows:
FOOTHILLS AREA COMMAND
The Foothills Area Command is bordered by San Antonio NE to the north, the Sandia Foothills to the east, Kirtland Air Force Base to the south, and Eubank Boulevard to the west. This Command Area has some of the lowest crime rates in the City. Following is the field services staffing reported:
2017: 71
2021: 70
NORTHEAST AREA COMMAND
The Northeast Area Command is bordered by Albuquerque city limits to the north, Eubank Boulevard to the east, Interstate 40 to the south, and Interstate 25 to the west. This Area Command has a more recent history of increasing crime rates in the city, especially residential break-ins and robberies. Following is the staffing reported:
2017: 92
2021: 82
NORTHWEST AREA COMMAND
The Northwest Area Command is bordered by Albuquerque city limits to the west and north, the west bank of the Rio Grande to the east, and Interstate 40 to the south. This Command Area has some of the lowest crime rates in the City. Following is the field services staffing reported:
2017: 64
2021: 55
SOUTHEAST AREA COMMAND
The Southeast Area Command is bordered by Interstate 40 to the north, Eubank Boulevard to the east, Kirtland Air Force Base and Albuquerque city limits to the south, and Interstate 25 to the west. This Area Command has an extensive history of having the highest crime rates in the city. Following is the field services staffing reported:
2017: 116
2021: 94
SOUTHWEST AREA COMMAND
The Southwest Area Command is bordered by Interstate 40 the north, the Rio Grande to the east, the South Valley to the south, and Albuquerque city limits to the west. Following is the field services staffing reported:
2017: 75
2021: 65
VALLEY AREA COMMAND
The Valley Area Command is bordered by the Albuquerque city limits to the north and south, Interstate 25 to the east, and the Rio Grande, Los Ranchos de Albuquerque, and the North Valley to the west. This Area Command has an extensive history of having the second highest crime rates in the City. Following is the field services staffing reported
2017: 82
2021: 80
A link to a related blog article is here:
https://www.petedinelli.com/2019/08/08/apd-staffing-levels-970-sworn-police-300-more-needed/
POLICE UNION NEGOTIATED PAY INCREASES
On February 4, it was reported the Keller’s administration negotiated a new police union contract making APD the best paid law enforcement agency in the region by increasing hourly wages and longevity pay.
Under the signed contract, APD’s starting wage is well above cities and law enforcement agencies of comparable size including Tucson, Arizona, $54,517, and El Paso, Texas, $47,011. The negotiated hourly pay increases are as follows:
2-to-4-year service pay goes from $60,320, yearly, or $29 hourly, to $68,411.20 yearly, or $32.89 hourly.
5-to-14-year service pay goes from $62,400, $30 hourly to $70,761 yearly, $34.02 hourly
15 or more years of service pay goes from $65,520, or $31.50 hourly to $74, 297 A YEAR or $35.72 hourly.
Sergeant pay goes from $72,800, or $35 hourly, to $82,533 a year, or $39.69 hourly.
Lieutenant pay goes from $83,200, or $40 hourly to $94,348 yearly or $45.36 hourly.
OVERTIME PAY
The union contract allows the management positions of sergeants and lieutenants to be union members. Under the union contract, sworn police are entitled to overtime compensation at the rate of time-and-one-half of their regular straight-time rate when they perform work in excess of forty (40) hours in any one workweek. Time worked over 40 hours per week is compensated at time and a half of the officer’s regular rate of pay, or in the form of “compensatory time.” There is no contract provision placing a cap on the amount of overtime any officer can be paid.
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. For the past 3 years, over 50% of the top 250 city hall wage earners have been APD sworn earning between $107,885.47 to $199,666.40 a year, two and at times 3 times their normal base pay.
In 2021, there were a total 109 sworn police officers on the list up through the rank of Lieutenant. This does not include sworn officers who are on the list and who have retired. There are a total of 27 Sergeants and 30 Lieutenants listed in the top 250 city wage earners for 2021 still working for APD. There are a total 52 sworn police officers in the ranks of Police Officer First Class, Senior Police Officer and Master Police Officer in the listing of the top 250 top city wage earners for 2021 who are still working for APD.
The link to a related blog article is here:
NEGOTIATED LONGEVITY PAY
Under the union contract, longevity pay increases by 5% starting on July 1, 2022 at $2,730 per year with those who have 5 years of service and with incremental service years up to 17 years or more who will be paid $16,380. The negotiated longevity pay has an overlap of 3 fiscal years. The pay rate categories are as follows:
Fiscal year 2019 and 2020 longevity pay rates effective the first full pay period following July 1 are identical to fiscal year 2022. Fiscal year 2022 longevity pay scale bi-weekly annual amounts are as follows:
Beginning Year 5 through 5, $100 paid bi weekly, $2,600 annual amount
Beginning Year 6 through 6, $125 paid bi weekly $3,250 annual amount
Beginning Year 7 through 9, $225 paid bi weekly, $5,850 annual amount
Beginning Year 10 through 12, $300 paid bi weekly, $7,800, annual amount
Beginning Year 13 through 15, $350 paid bi weekly, $9,100 annual amount
Beginning Year 16 through 17, $450 paid bi weekly, $11,700 annual amount
Beginning Year 18 and above, $600 paid bi weekly, $15,600 annual amount
Fiscal year 2023 longevity pay scale bi-weekly annual amounts are:
Beginning Year 5 through 5, $105 paid bi weekly, $2,730 annual amount
Beginning Year 6 through 6, $131 paid bi weekly, $3,406 annual amount
Beginning Year 7 through 9, $236 paid bi weekly, $6,136 annual amount
Beginning Year 10 through 12, $315 paid bi weekly, $8,190 annual amount
Beginning Year 13 through 15, $368 paid bi weekly, $9,568 annual amount
Beginning Year 16 through 17, $473 paid bi weekly, $12,298 annual amount
Beginning Year 18 and above, $630 paid bi weekly, $16,380 annual amount
UNION REACTION TO UNION PAY INCREASE
Not at all surprising, Shaun Willoughby, president of the Albuquerque Police Officers’ Association said he was “very happy with it” seeing as he was the one who negotiated the contract. Willoughby applauded the pay increases and said they would help in recruiting and retaining sworn officers and said:
“We had, I believe, over 175 officers … leave the department in 2021. We had 81 leave in 2020. … So we are definitely needing to continue to bring that competitive pay, and that competitive edge … so that we can compete in this region of the United States for the best and brightest that are interested in law enforcement.”
The link to the full Journal article is here
https://www.abqjournal.com/2467440/city-reaches-new-deal-with-police-union.html
COMMENTARY AND ANALYSIS
On February 4, 2021 when the police union contract increasing hourly pay and longevity pay was reported on by the Albuquerque Journal an APD spokesman told the Journal “178 officers left in 2021 and 99 left in 2020.” This is not true.
Police Union President Shaun Willoughby applauded the pay increases and said they would help in recruiting and retaining sworn officers. Willoughby said:
“We had, I believe, over 175 officers … leave the department in 2021. We had 81 leave in 2020. … So we are definitely needing to continue to bring that competitive pay, and that competitive edge … so that we can compete in this region of the United States for the best and brightest that are interested in law enforcement.”
The APD spokesperson and Willoughby did not know what they were talking about when it came to the number of departures in 2020 and 2021 or they simply made up the information to embellish and garner sympathy from the public.
The statistics release by the Civilian Police Oversight Agency as provided by the Department of Justice dispute the numbers released by APD and Willoughby on departures. An APD spokesman said 99 left and Willoughby said 81 left in 2020. The Civilian Police Oversight Board reported 84 left in 2020. APD spokesman said 178 and Willoughby said 175 left in 2021. The Civilian Police Oversight Board reports 102 sworn left in 2021.
TURNOVER INDICATES NEW GENERATION OF SWORN POLICE BEING HIRED
The combined total number of terminations, retirements and resignations over the last 5 years is 370 sworn police who are gone and who have moved on. The significance of this number is dramatic. When you subtract the total 370 terminations, retirements, resignations from the total number of sworn of 837 in 2017 it results in 467 sworn police who remained. In other words, after 5 years there are 467 officers out of the current 926 sworn police in the year 2021 that have been with APD for at least 5 years or more. This translates into a 50.4% five-year turnover of experienced sworn police.
The lion’s share of the 50.4% turnover in APD sworn over the last 4 years are retirements for a total of 213. The “silver lining” to such a high turnover of experienced officers is twofold:
1. It indicates a new generation of APD Sworn police was recruited to get to the 926 number for 2021 and who were then trained in constitutional policing practices.
2. Experienced sworn police who have resisted the DOJ reforms or who helped create, did not stop or who contributed to the culture of aggression and the use of excessive force and deadly force have left but many still remain in 2021.
ACCURATE TURNOVER SINCE DOJ INVESTIGATIO UNKNOWN; IPRA REQUEST MADE
On April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18-month civil rights investigation of the Albuquerque Police Department (APD).
The investigation was conducted jointly by the DOJ’s Washington Office Civil Rights Division and the United States Attorney’s Office for the District of New Mexico.
You can read the entire report here.
https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf
The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD. The DOJ investigation “determined that structural and systemic deficiencies — including insufficient oversight, inadequate training, and ineffective policies — contribute to the use of unreasonable force.”
Based on the investigation and the review of excessive use of force and deadly force cases, the DOJ found “reasonable cause to believe that APD engage[d] in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment … . and [the] investigation included a comprehensive review of APD’s operations and the City’s oversight systems.”
The investigative report found a pattern or practice of use of “deadly force” or “excessive use of force” and found a “culture of aggression” within APD.
No one knows for certain, other than the City and APD, the names and rankings of who were employed by APD on April 10, 2014 when the DOJ investigation was released. Comparing the rosters of sworn APD in 2014 to those employed to date will provide the real answer to the extent of APD turnover and the number of new hires over the last 7 years.
On February 22, a Request for an Inspection of Public (IPRA) was sent to the city making the following two requests:
For the month and year of April, 2014, please provide the Albuquerque Police Department roster listing all sworn police officers by name, rank and hourly pay OR for the month and year of April, 2014, City of Albuquerque payroll records or personnel records providing the names of all sworn police, their ranks and hourly pay.
For the month and year of February, 2022, please provide the Albuquerque Police Department roster listing all APD sworn police officers by name, rank and hourly pay OR for the month and year of February, 2022 City of Albuquerque payroll records or personnel records providing the names of all sworn police officers , their rank and hourly pay.
Under state law, the city still has time to respond to the request for public records and the information will be reported upon by this blog.
TRAINING UNDER THE CASA
It was on November 14, 2019 that a full 5 years expired since the city entered into the CASA with the DOJ. From review of all the Federal Monitor’s reports, the City and APD completed the following mandated reforms of training under the Court Approved Settlement Agreement:
1.The new “use of force” and “use of deadly force” policies were written, implemented and all APD sworn received training on the policies.
2. All sworn police officers received crisis management intervention training.
3. APD created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
4. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police having received training.
7. APD adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
8. APD revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
COMPLIANCE LEVELS
Before the Court Approved Settlement Agreement (CASA) can be dismissed, APD must come into a 95% compliance in 3 compliance levels and sustain those levels for 2 years. Fast forward to November 12, 2021 and the 14th Independent Monitors Report . The Federal Monitor reported the 3 compliance levels as follows:
Primary Compliance: 100%
Secondary Compliance: 82%
Operational Compliance: 62 % (An increase 3% points)
Of the 3 compliance levels, Operational Compliance has always been the most important and most difficult to achieve for APD. Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency. Operational compliance is where line personnel are routinely held accountable for compliance, not by the monitoring staff, but by the sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.
It is being projected that the city and APD will not reach the level of compliance as required for a least another 4 years, if not more.
APD SERGEANTS AND LIEUTENANTS RESIST DOJ REFORMS
All sworn police have been give the training mandated by the CASA, yet the city is still struggling to implement the reforms. The question is why? The likely answer is that even with the mandated training of sworn accomplished under the settlement, the 50.4% turnover has not been enough to eliminate the APD management who helped create, did not stop or contributed to the “culture of aggression”.
In 2021, there were 113 Sergeants, 44 lieutenants, 14 Deputy Commanders and 12 Commanders all with all having 5 or more years of service with APD. Many were likely employed on November 14, 2014 in some capacity or another when the Court Approved Settlement Agreement (CASA) was filed approving the 271 reforms and who were promoted after the report was released.
The Federal Monitor has found repeatedly it is APD sergeants and lieutenants who are resisting management’s implementation of the DOJ reforms. Sergeants and lieutenants are where the rubber hits the road when it comes implementation of the 271 reforms.
It was on November 1, 2019, Federal Court Appointed Monitor James Ginger in his Federal Monitors 10th audit report where the “Counter CASA effect” was fully identified. According to the Federal Monitor’s 10th report:
“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.
In his 11th Monitors report file on May 4, 2020, Ginger wrote:
[“APD personnel are] still failing to adhere to the requirements of the CASA found in past monitoring reports, including some instances moving beyond the epicenter of supervision to mid- and upper management levels of the organization. … some in APD’s command levels continue to exhibit behaviors that “build bulwarks” [or walls] preventing fair and objective discipline, including a process of attempting to delay and in some cases successfully delaying the oversight processes until the timelines for administering discipline had been exceeded. … “
APD HIGH COMMAND BIG PART OF THE PROBLEM
During the last 4 years, the APD high command that works directly out of the Chief’s Office went from 3 to 10 full time sworn staff. Those positions are Chief, Superintendent of Police Reform, Deputy Superintendent Of Police Reform, 6 Deputy Chiefs, 1 Chief of Staff. Although APD abolished the ranking of Major that existed 4 years ago, which there were only 4, it has created the new position of “Deputy Commanders” which there are 16.
Five of the 6 Deputy Chiefs, Joshua Brown (21 years) , Cecily Barker (17 years), Cori Lowe (16 years), Eric Garcia (21 years), J.J. Griego (20 years) came up through the APD ranks and have a combined 95 years of experience with APD. When you add the additional 24 years of experience APD Chief Harold Medina has with APD, the total years of experience of the 6 high command staff have with APD is 119 years.
Normally, it would be a cause for great celebration to know that 119 years of law enforcement experience is in charge of running APD. But it simply cannot be when it comes to APD that is under a federal Court Approved Settlement Agreement (CASA). The settlement mandates 271 reforms that was the result of an 18-month Department of Justice civil rights investigation that found a pattern of “excessive use of force” and “deadly force” and a “culture of aggression” within APD. Simply put, 6 of the 7 APD Chief’s executive staff contributed, should have been aware of or did not stop the culture of aggression within APD. Now the 6 are fully in charge of APD.
There is no doubt that APD Chief Harold Medina was and still is part of the problem with APD’s failure to implement the reforms. Medina has a nefarious past of first killing a 14-year boy banishing a BB gun in a church and years later gave the authorization use deadly force that resulted in APD’s killing of a veteran threatening suicide and having a psychotic episode. A jury verdict of $10 million was awarded in the killing of the veteran with the court finding that the veteran was only a danger to himself and not APD. What was truly amazing is that Medina actually promoted his nefarious past with the 2 officer involved shootings as making him qualified to be Chief in that he learned the lesson of the need for constitutional practices.
FINAL COMMENTARY
No doubt it is alarming to many that there are so many experienced sworn police leaving APD and there is a need to pay them more for retention. APD command and the union are seriously mistaken to think that an 8% pay increase phased in and a 5% increase in longevity pay is going to make any difference in retention of experienced officers. It will not and the hemorrhaging of sworn police leaving in droves still continues. Ten officers supposedly retired in January and many more are preparing for retirement in 2022.
In the long run and for the end game, the many personnel departures are probably good thing. Any sworn officer, including police union membership, and especially those who hold management positions now from the ranks of sergeant to Chief, and who are not committed to constitutional policing practices or feel they cannot adhere to them or who resist the DOJ reforms should probably move on.
A 100% turnover of APD sworn and command staff from the year 2014 when the federal court settlement was approved to the present, especially in the ranks of Sergeant all the way to the rank of APD Chief is likely required to achieve DOJ compliance levels. Such a turnover will likely once and for all eradicate the “culture of aggression” within APD and ensure constitutional policing practices and a 100% compliance of all the reforms. It’s too bad, because it did not have to be this way and it could have been totally avoided had the police union cooperated and supported the reforms instead of engaging in obstructionist tactics to undermine the reforms for the least 7 years