The National Assessment of Educational Progress (NAEP) is the largest continuing and nationally representative assessment of what U.S. students know and can do in various subjects. NAEP is a congressionally mandated project administered by the National Center for Education Statistics (NCES), within the Institute of Education Sciences (IES) of the U.S. Department of Education. The first national administration of NAEP occurred in 1969.  NAEP is known and referred to as the “Nations Report Card”.

https://en.wikipedia.org/wiki/National_Assessment_of_Educational_Progress

On October 24, it was reported that NAEP released its 2022 Proficiency Test Scores  in Math and Reading.  Results for all 50 states, the District of Columbia, Puerto Rico, and 26 participating districts were released. Students’ academic achievement during the COVID-19 pandemic was compared to pre-pandemic performance on the 2019 NAEP mathematics assessment as well as to previous mathematics assessments dating back to 1990.

No state improved in 4^th or 8^th grade math, and only a few states improved in reading.  Those that did, did so by a maximum of two points

https://nces.ed.gov/nationsreportcard/

This blog article reports on NAEP’s 2022 proficiency test scores with an emphasis on New Mexico’s test scores.

NATIONAL MATH PROFIENCY TEST SCORES

Between January and March 2022, the National Assessment of Educational Progress (NAEP) mathematics assessment was administered to representative samples of fourth- and eighth-grade students in the nation.

Quoting the report:

“In 2022, the average fourth-grade mathematics score decreased by 5 points and was lower than all previous assessment years going back to 2005.  the average score was one point higher compared to 2003. The average eighth-grade mathematics score decreased by 8 points compared to 2019 and was lower than all previous assessment years going back to 2003. In 2022, fourth- and eighth-grade mathematics scores declined for most states/jurisdictions as well as for most participating urban districts compared to 2019. Average scores are reported on NAEP mathematics scales at grades 4 and 8 that range from 0 to 500.”

“In 2022, average mathematics scores at fourth grade declined in all four census-defined regions of the country—Northeast, Midwest, South, and West. Scores were lower by 7, 3, 5, and 4 points, respectively, compared to 2019. Looking at state/jurisdiction performance for fourth-graders in public schools in 2022, average scores were lower in 43 states/jurisdictions and were not significantly different in 10 states/jurisdictions. This is the largest number of states/jurisdictions with score declines in fourth-grade mathematics going back to 2003. Among the states/jurisdictions with score declines, 13 scored lower than the national average score for public school students in 2022; 17 had average scores that were not different from the national public average; and 13 scored higher.”

Nationally, this year’s math test results yielded the largest drop in mathematics in the history of NAEP.

https://www.nationsreportcard.gov/highlights/mathematics/2022/#:~:text=In%202022%2C%20average,13%20scored%20higher.

NATIONAL READING PROFIENCY TEST SCORES

Between January and March 2022, the National Assessment of Educational Progress (NAEP) reading assessment was administered to representative samples of 4^TH  and 8^TH -grade students in the nation.

Quoting the report:

“In 2022, the average reading score at both fourth and eighth grade decreased by 3 points compared to 2019. At fourth grade, the average reading score was lower than all previous assessment years going back to 2005 and was not significantly different in comparison to 1992. At eighth grade, the average reading score was lower compared to all previous assessment years going back to 1998 and was not significantly different compared to 1992. In 2022, fourth- and eighth-grade reading scores declined for most states/jurisdictions compared to 2019. Average scores are reported on NAEP reading scales at grades 4 and 8 that range from 0 to 500.

In 2022, average reading scores at fourth grade declined in all four census-defined regions of the country—Northeast, Midwest, South, and West. Scores were lower by 5, 3, 3, and 2 points, respectively, compared to 2019. Looking at state/jurisdiction performance, average scores were lower in 30 states/jurisdictions and were not significantly different in 22 states/jurisdictions compared to 2019. This is the largest number of states/jurisdictions with score declines in fourth-grade reading going back to the initial assessment in 1992. Among the 30 states/jurisdictions with score declines since 2019, seven scored lower than the national average score for public school students in 2022; twenty had average scores that were not different from the national public average; and 3 scored higher.”

NAEP NEW MEXICO PROFIENCY TEST SCORES

According to education officials, the NAEP tests were conducted in 29% of elementary schools and 42% of middle schools. The highest possible score on the NAEP test is 500.

In 4^th and 8^th  grade reading and math, New Mexico students came in shy of  dead last in proficiency out of the over-50 states and jurisdictions where the testing was administered. According to the report, New Mexico 4^th and 8^th graders lost ground in both math and reading.  This was  the case across the country.  National and New Mexico education officials attributed the declines in large part due to the corona virus pandemic and when there was widespread school closings and remote learning was instituted.

According to the 2022 NAEP report, New Mexico’s 4^th  graders fell upwards of 14 points behind national public school student averages overall.  It was the same for 8^th graders in math, but 8^th graders lagged about 11 points behind in reading.

In math, New Mexico 4th and 8th graders dropped about 10 points from state scores in 2019. They lost less ground in reading, where fourth graders dropped about five points and eighth graders dropped four.

That came out to 21% reading proficiency and 19% math proficiency rates of and  among 4^th  graders  which was 3% and 10%  points lower than in 2019.

A little more than 18% of eighth graders were proficient in reading and about 13% were proficient in math – a drop of five and eight percentage points, respectively.

UNDERSERVED STUDENTS

It was on  July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled in the landmark public education case Yazzie v. State of New Mexico that the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with an education. The Court ruling centered on the guaranteed right under the New Mexico Constitution to provide a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities. The Court found that the New Mexico Public Education Department (PED) under Republican Governor Susana Martinez did not do the best it could with the funding it was given by the legislature to the education system.

On September 1, 2022, the Legislative Education Study Committee was told that despite more than $1 billion of investments responding to the findings in the Yazzie-Martinez consolidated lawsuit, it was unclear if students named in the lawsuit are “any better off.” According to a Legislative Finance Committee report, much of the responsibility for the failure falls squarely on school districts with the districts having problems implementing remedies to a judge’s findings that New Mexico wasn’t providing a sufficient education system for “at-risk” students. The state Public Education Department has also had issues making sure districts are doing what they need to do.

According to the 2022  NAEP  proficiency test score report, the  student groups identified in the landmark education case  Yazzie-Martinez  fell behind their national and statewide peers. They also almost all had lower scores this year than in 2019 with a few exceptions.

“The students who were in families impacted by poverty had a greater negative impact because of the pandemic,” Steinhaus said, noting that Yazzie-Martinez students represent over 70% of New Mexico students. “So the pandemic impacted us harder than a lot of other states.”

Math scores for New Mexico students identified in the lawsuit this year were worse for both grades than they were before the pandemic  as was the case with  fourth grade reading. APS Yazzie-Martinez students also almost universally lost ground in their scores in both subjects.

For the most part, students identified in New Mexico’s lawsuit also fared worse around the country this year than in 2019.

One bright spot among New Mexico’s data was that eighth graders in those student groups almost universally improved their reading scores from 2019, even if only by one  point. Nationally, that was also true for 8th grade English learners, and 8th  graders with disabilities’ scores didn’t change.

APS fourth graders with disabilities improved in math and reading, and 8th  grade students with disabilities and English learners improved in reading.

Gaps between APS Yazzie-Martinez student test scores and those collected from those student groups in large cities around the country also didn’t tend to widen dramatically over the pandemic, and in many cases improved.

APS SCORES

Students at Albuquerque Public Schools, the largest district in the state, mostly held steady in their proficiency levels. While there were drops in both subjects for eighth graders, the NCES found they were “not significantly different” from 2019 scores.

However, fourth grade math proficiency, at about 24%, was around six percentage points lower than it was in 2019.

Overall APS student scores also dropped across the board from their pre-pandemic levels, though not as much as statewide numbers did. The largest declines came in math, where both fourth and eighth graders lost roughly seven points each.

APS students suffered from the pandemic, Superintendent Scott Elder said. Still, he noted that Albuquerque was in a “much better place” than a lot of other places in New Mexico when it comes to accessibility to things like the internet.  And while APS students were still behind other large cities in both grades and subject areas, those gaps didn’t widen as some thought they would, he pointed out.  Elder told the Albuquerque Journal this:

“You don’t look at the scores and think ‘OK, great. … We lost a little bit, but we didn’t lose as much as I think people were afraid [we would. … We [did] see a significant decline in the math, but that’s similar to what we see nationally.”

SOLUTIONS OFFERED

Teachers this year said they felt more overworked, according to surveys given to them in conjunction with the test, and some said they felt less confident that they would be able to help their students close pandemic-related gaps.  To address that problem, Steinhaus said the state is continuing an ongoing effort to bolster its mental health support for teachers and students alike.

New Mexico is also rolling out more tutoring for students and families, particularly those in schools with high populations of economically-disadvantaged families.

In January, Steinhaus added, the state Public Education Department aims to roll out more high-dosage tutoring – focused, small-group tutoring three times a week – which will also emphasize math. Steinhaus said this:

“We’ve got to continue improving literacy. But this year, our primary focus is going to be on mathematics. ” 

The link to the quoted news source is here:

https://www.abqjournal.com/2542915/nms-national-test-scores-not-acceptable.html

REACTION TO LOW SCORES

U.S. Education Secretary Miguel Cardona in reaction to the 2022 NAEP report said this:

“The results in today’s Nation’s Report Card are appalling and unacceptable. … But let’s also be very clear here – the data prior to the pandemic did not reflect an education system that was on the right track. The pandemic simply made it worse.”

National Center for Education Statistics Commissioner Peggy Carr said  that each state’s varying response to the pandemic, especially in terms of when students returned to in-person learning, was an influential,  but not the deciding  factor in test performance results. Carr said this:

“There’s nothing in this data that says we can draw a straight line between the time spent in remote learning … and student achievement.”

New Mexico Education Secretary Kurt Steinhaus had this to say:

“This is what we expected [because of the pandemic.  the scores are] not acceptable and not OK.”

GOVERNOR LUJAN GRISHAM’S EFFORTS TO DEAL WITH EDUCTION CRISIS

In response to the Yazzie v. State of New Mexico landmark public education decision that ruled the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with an education, Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful.  It has taken a full 4 years to get the job done.

Lujan Grisham succeeded in securing over $1 Billion dollars for public education during the 2019, 2020, 2021 and 2022 legislative sessions. In addition to the dramatic increases in public education funding, Lujan Grisham administration created  the Early Childhood Department, issued mandates to the Children, Youth and Families and Public Education departments, and increased the number CYFD social workers by at least 125.

An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers was increased by upwards of 20% and have risen to $50,000, $60,000 and $70,000 depending on the level of years of teacher experience.  During the 2022 New Mexico legislative session, more than $70 million was allocated to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students. The money will be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

Governor Lujan Grisham partnered with sovereign nations, tribes, and pueblos to make long-awaited investments in education in tribal communities and because of the Governor’s efforts, New Mexico is now leading the nation in setting aside funds for bilingual and multicultural education.

A PROMISE MADE A PROMISE KEPT TO EDUCATORS AND OUR CHILDREN

In her campaign for governor, Governor Lujan Grisham promised to be a champion for New Mexico’s educators, and she has kept her promise. Under Governor Michelle Lujan Grisham’s leadership, New Mexico teachers received the most significant back- to-back raises for educators in 15 years and has successfully reduced teacher vacancies by nearly 25% in 2019. This year, the Governor delivered a 7% salary increase and a base pay increase for every New Mexico educator, making New Mexico teacher wages the highest in the region. Governor Lujan Grisham​​ also put tens of millions of dollars toward scholarships for educator training programs, helping more than 3,000 New Mexico teachers this year alone.

New Mexicans have long called for universal pre-k and affordable childcare.   Governor Lujan Grisham delivered by expanding affordable, high-quality childcare to thousands of New Mexico families and secured permanent funding to ensure New Mexico will continue to provide families with affordable options for their children’s education for decades to come. Lujan Grisham established universal pre-k for four-year-olds and greatly expanded pre-k for three-year-olds.

Governor Lujan Grisham has made New Mexico a national leader in guaranteeing 100% tuition-free higher education for all New Mexico students.  The Governor is eliminating barriers to higher education like student debt and burdensome fees that keep too many students, no matter their age, background, or family situation, from getting the training and the job they want and deserve.  By creating and funding the Opportunity Scholarships and restoring the promise of the Lottery Scholarships, Lujan Grisham expanded scholarships for 2-year, 4-year and certificate programs, helping tens of thousands of New Mexico students attend college for free.

PASSAGE  OF CONSTITUTIONAL AMENDMENT FOR EARLY CHILDHOOD PROGRAMS

On November 8, the New Mexico Constitutional Amendment 1 that will provide  funding for Early Childhood Programs passed by a landslide on 70.34% YES  vote to a 29.66% NO vote.  A “yes” vote supported allocating 1.25% more in funding from the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund.  Passage of the constitutional amendment makes New Mexico the first state to guarantee a right to early childhood education while directing substantial, steady funding to child care and early education. The funding will not be a one-time infusion, but a steady stream of about $150 million a year for early childhood programs. It could very well allow New Mexico to achieve a system of free child care and preschool for all state residents.

“New Mexico voters didn’t just approve the allocation of more dollars. They changed their constitution so that it now enshrines a right to education for children ages zero to five alongside the previous guarantee for children in grades K-12, making it the first state with such a guarantee.”

Links to quoted news sources are here:

https://ballotpedia.org/New_Mexico_Constitutional_Amendment_1,_Land_Grant_Permanent_Fund_Distribution_for_Early_Childhood_Education_Amendment_(2022)

https://earlylearningnation.com/2022/11/new-mexico-is-the-first-state-to-guarantee-a-right-to-early-childhood-education-universal-child-care-could-come-next/

COMMENTARY AND ANALYSIS

In the 2022 New Mexico’s Governor race between Democrat Governor Michelle Lujan Grisham and Republican Mark Ronchetti,  as well as all other states where elections were held for Governor, the debate was hot and heavy about how quickly and when  to reopen the schools during the COVID 19 pandemic.  It turns out that no one was right on the issue on whether to delay school openings or to open the schools quickly.

The results of NAEP report revealed that student performance across the board between “early opening” schools and “delay opening” of schools suffered across the board and that the test scores went down dramatically.  The test scores for 4^th graders and 8^th graders in reading declined nation wide in reading. The test scores for 4^th graders and 8^th graders in math showed the biggest drop in scores since the testing bagan in 1990.

Republican Governor’s Ron DeSantis of Florida and Greg Abott of Texas made a big deal out of opening their state’s schools in the fall of 2020.  Democrats New Mexico Governor Michelle Lujan Grisham and California Governor Gavin Newsom moved more slowly in reopening the schools.  The NAEP report based on the testing revealed student performance suffered equally despite the early opening of the late opening of the schools.

New Mexico can take very little comfort that New Mexico is not alone and the most of the United States suffered similar setbacks.  New Mexico’s 2022 standardized tests provides a grim reminder of the lingering effect of the COVID-19 pandemic, and of the status of the education system across the state.

Now that Governor Lujan Grisham has been elected to a second 4 year term and that the pandemic has subsided, she needs to finish the job of public education reform that she once called New Mexico’s Moonshot.  With all the funding she has secured over the last 4 years for public education along with the approval of the constitutional amendment, there will be very little excuse for failure at public education reform.  If she in fact accomplishes it,  that alone will be her lasting legacy for generations  and she will go down as one of the states best Governors.

Let’s hope Governor Lujan Grisham  does not get Potomac fever mid term and decide to bail out of the state and go to work for President Biden as was the possibility when she was being considered for Secretary of Interior.

Every 10 years, the City Charter requires that the Council appoint a committee composed of an equal number of representatives from each Council District to review and make recommendations regarding redistricting the Council Districts based on information from the Federal Census. The Committee was tasked with using the population data from the official 2020 U.S. Census along with any other pertinent information to make a report recommending changes in the Council District boundaries that the Committee decided were necessary based on constitutional principles governing voting rights, population, compactness, and other related factors.

The Committee was made up of 18 members with  one voting member and one alternate member from each Council District. The  Redistricting Committee was  required to  be  “fair and balanced as nearly as is practicable” in the redistricting process and provide city council districts that reflected the racial, ethnic and gender makeup of the City’s population.

On June 29th the Redistricting Committee met for the final time and  voted to send 8 maps to the City Council for their consideration and final selection. The Committee rated each of the 8 maps on a 5-point scale, ranging from 0 to 4 and  ranked the maps as follows:

1.Concept Map A scored the highest with a total rating of 24 and an average rating of 2.7.
2. Citizen Map 2 scored the second highest with a total rating of 19 and an average rating of 2.1.
3. Concept Map D scored the third highest with a total rating of 16 and an average rating of 1.8.
4. Citizen Map 1 scored fourth highest with a total rating of 13 and an average rating of 1.4
5. Citizen Map 5 scored fifth highest with a total rating of 12 and an average rating of 1.3
6. Citizen Map 3 scored sixth highest with a total rating of 9 and an average rating of 1.0
7. Concept E map and Citizens Map 4 tied for seventh highest place each with a total rating of 7 and an average rating of 0.8

https://documents.cabq.gov/council/2022%20Redistricting%20Report.pdf

SINISTER INTENT OF CONCEPT MAP 4 WAS TO REDUCE MINORITY INFLUENCE

What must not be forgotten is that Citizen Map 4, which came in last with the rankings by the re-districting committee, was originally the citizens map prepared and submitted by City Councilors Pat Davis and Tammy Fiebelkorn.  The Davis/Fiebelkorn concept map was the most radical map of all the 8 maps under consideration. All the other 7 maps made adjustments that were very minor in comparison and essentially “tweaked” the existing districts, respecting the existing borders and neighborhoods and communities.

The Davis/Fiebelkorn District 6 and District 7 maps reflected in their proposed Concept Map 4 represented a dramatic departure changing borders. The concept map gutted both Districts and carved them up to the benefit of Democrat Tammy Fiebelkorn to give advantage to Fiebelkorn for reelection by including the very progressive Nob Hill Area in her District and excluding the International District. City Councilor Fiebelkorn said the  Davis/ Fiebelkorn would have given the International District’s “large, culturally significant population” a more united voice on the council, yet she does not represent them.

Simply put, the Davis/Fiebelkorn Citizen redistricting Map 4 was an abomination. It was a prime example of gerrymandering at its very worse designed to protect newly elected incumbent Tammy Fiebelkorn while the departing City Councilor Pat Davis thumbed his nose at his own City Council District 6 cutting out the International District and placing it into a Republican NE Height’s District.

COUNCIL VOTES TO ADOPT CONCEPT MAP A

Concept Map A, which was ranked first by the redistricting committee, reset all 9 City Council Districts without making any major changes to existing council district borders.   Redistricting experts referred to it as “minimal change” map.  Only 5.8% of the city’s population are moved into new city council districts.

The link to quoted news source material is here:

https://www.abqjournal.com/2533691/council-opts-for-minimal-change.html

On Monday September 19, the Albuquerque City Council voted 6-3 to approve Concept Map A. It was Democrat Westside City Councilor Klarissa Peña, District 3, and Republican NE Heights City Councilor Brook Bassan, District 4, who co-sponsored the Concept Map A, the minimal change map.  The ordinance was  formally published on October 13, 2022 and the new Council District Boundaries took effect October 20, 2022. Three of the 9 city council districts will not change under the adopted redistricting map. Those districts are District 3 represented by Democrat Klarisa Peña, District 4 represented by Republican Brook Bassan and District 9 represented by Republican Renee Grout.

Democrats City Councilors Pat Davis, Isaac Benton and Tammy Fiebelkorn voted against Concept Map A.   Each of the 3 supported at least one different option they contended would have amplified minority voices. All 3 councilors disparaged the adopted Concept Map A.

The new City Council District boundaries account for population changes and offers minimal change to the council districts.  Council District boundaries remain identical for Districts 3, 4, and 9. Changes to  Districts 2, 5, 6, 7 and 8  include in part:

• District 5 had to lose population. Its boundary with District 1 moves north to the bluff south of the Petroglyph Estates.
• District 2 crosses the river between Central and I-40 to Coors taking the West Mesa and Pat Hurley neighborhoods from District 1.
• District 6 moves west into District 2 from Buena Vista to I-25 between Gibson and Lomas. District 6 also takes the University West area (including Carrie Tingley Hospital) from District 2.
• District 7 moves south into District 2 from I-40 to Lomas between I-25 and Carlisle not including the University West area.
• District 8 moves into District 7 from Montgomery to Comanche between Wyoming and Eubank.

DATA DOWNLOAD

Albuquerque is a Hispanic Majority City.  The citywide raw population data that was used by the City Council Redistricting Committee to formulate all 9 City council districts breaks  the city population down as follows:

Albuquerque Total Population 564,550  

HISPANIC: 269,231 (47.7%)

WHITE:  212,965 (37.7%)

NATIVE AMERICAN:  25,195 (4.5%)

BLACK: 16,649 (2.9%)

ASIAN: 18,041 (3.2%) 

OTHER:   22,469 (4.0%)

The redistricting Committee  distributed the city wide population data to each of the 9 City Council Districts.   With the new City Council redistricting boundaries, Districts 1,2,3,5 and 6 all have Hispanic Majority populations. District 4,7,8 and 9 have White  Majority populations. Following is the population data as to each city council district with borders  identifying the current city councilor:

CITY COUNCIL DISTRICT 1 (DEMOCRAT LOUIE SANCHEZ)

Total Population:   65,323 HISPANIC:  37,135  (56.8% )  WHITE: 19,659  (30.1%) NATIVE AMERICAN  2,970  (4.5%)  BLACK 1,948  (3.0%)  ASIAN 1,441  (2.2%) OTHER 2,170 3.3%

The District 1 City Council District represented by Democrat Louie Sanchez is the centrally located Westside District between City Council District 5 on the North represented by Republican Dan Lewis and  City Council District 3 on the South represented by Democrat Klarissa Pena. The geographical borders  generally include Central Avenue on the South, Coors and the Rio Grande River on the East and “zig zags” on the North to include  Atrisco Dr., Tesuque Dr. and Buterfield Trail  and with the West border  jetting outwards to the city limits and vacant land.

 CITY COUNCIL DISTRICT 2  (DEMOCRAT ISAAC BENTON)

Total Population:  60,338   HISPANIC: 36,586  (60.6%) WHITE: 17,404  (28.8%) NATIVE AMERICAN   2,281 (3.8%)  BLACK 1,486  (2.5%) ASIAN 600 (1.0%) OTHER 1,981 (3.3%)

Some of the biggest changes involve the  Downtown based District 2 represented by Democrat Isaac Benton.  The district now extends west of the Rio Grande to pick up the West Mesa and Pat Hurley neighborhoods. District 2 simultaneously lost some neighborhoods immediately east of Interstate 25. Some went to District 6, where Pat Davis is the councilor, and others joined District 7, which is represented by Tammy Fiebelkorn.  District 2 (Benton) crosses the river between Central and I-40 to Coors taking the West Mesa and Pat Hurley neighborhoods from District 1 (Louie Sanchez).

CITY COUNCIL DISTRICT 3  (DEMOCRAT KLARISSA PENA)

Total Population:  65,343   HISPANIC:  53,314 ( 81.6%)   WHITE:  6,766  (10.4%) NATIVE AMERICAN     1,865 (2.9%)   BLACK 1,554 (2.4%)  ASIAN 612 0.9% OTHER 1,232 (1.9%)

District 3 represented by Klarissa Peña borders did not change. The geographic borders  are generally “Old Coors Road” on the East and the Valley area, Central on the North, and Dennis Chavez Road on the South, with the West side border  jetting out to the city limits and mostly vacant area.

CITY COUNCIL DISTRICT 4  (REPUBLICAN BROOK BASSAN)

Total Population:  60,380   HISPANIC:  20,358  (33.7%)  WHITE: 28,888  (47.8%) NATIVE AMERICAN  2,821 (4.7%)  BLACK 1,545 (2.6%)  ASIAN 4,047  (6.7%) OTHER 2,721 (4.5%)

District 4 boundaries represented by Brook Basaan “zig zag” tremendously. The West border includes Tokay, Edith, and Paseo Alamedas streets.  The South border  includes Montano/Alameda.  The East border includes Academy, Holbrook and Ventura. The North border is South of Tramway Road and includes Boxwood, Venice, Florence, Ventura and Caramel streets.

CITY COUNCIL DISTRICT  5 (REPUBLICAN DAN LEWIS)

Total Population:  63,144    HISPANIC:  28,967 (45.9%) WHITE: 24,506 ( 38.8%) NATIVE AMERICAN   2,799 (4.4%)  BLACK 2,079 (3.3%) ASIAN 1,958 (3.1%) OTHER 2,835 (4.5%)

The approved map “shrinks” the geographic size of District 5.  The district had about 16% more people than ideal for balancing purposes. District 5, in the  city’s northwest quadrant,  represented by Dan Lewis,  grew  out of proportion with the city as a whole and some of it went  to neighboring District 1 represented by Louie Sanchez.   District 5   ost population and the boundary with District 1  moves north to the bluff south of the Petroglyph Estates.

CITY COUNCIL DISTRICT 6  (DEMOCRAT PAT DAVIS)

Total Population:  64,510    HISPANIC:  29,515  (45.8%)  WHITE:23,074 (35.8%)  NATIVE AMERICAN  4,193  (6.5%) BLACK 2,801 (4.3%) ASIAN 2,072 (3.2%) OTHER 2,855 (4.4%)

District 6 absorbed  parts of  District 2, including the area east of Interstate 25 between Lomas and Gibson.  District 6 (Davis) moves west into District 2, (Benton) from Buena Vista to I-25 between Gibson and Lomas. District 6 (Davis) also takes the University West area (including Carrie Tingley Hospital) from District 2 (Benton).

CITY COUNCIL DISTRICT  7 (DEMOCRAT TAMMY FIEBELKORN) 

Total Population:  64,847     HISPANIC:  25,198  (38.9%)  WHITE: 29,506 (45.5%)  NATIVE AMERICAN  3,424  (5.3%)  BLACK 1,836  (2.8%) ASIAN 1,953 (3.0%) OTHER 2,930 (4.5%)

District 7  lost the area from Comanche to Montgomery, between Wyoming and Eubank, to District 8, where Trudy Jones is the councilor. District 7 (Fiebelkorn) moves south into District 2 (Benton) from I-40 to Lomas between I-25 and Carlisle not including the University West area.

CITY COUNCIL DISTRICT  8   (REPUBLICAN TRUDY JONES)

Total Population:  59,917   HISPANIC:  15,807 (26.4%) WHITE: 35,477 (59.2%) NATIVE AMERICAN  1,940 (3.2%)  BLACK 1,320 (2.2%)  ASIAN 2,482 (4.1%)  OTHER 2,891 (4.8%)

The Northeast Heights-based District 8, represented by Trudy Jones, added some terrain from Fiebelkorn’s District 7 by expanding south to Comanche between Wyoming and Eubank.   District 8 (Trudy Jones) moves into District 7 (Tammy Fiebelkorn) from Montgomery to Comanche between Wyoming and Eubank.

CITY COUNCIL DISTRICT 9 (REPUBLICAN RENEE GROUT)

Total Population:  60,748    HISPANIC:  22,351  (36.8%)  WHITE: 27,685 (45.6%) NATIVE AMERICAN    2,902 (4.8%)  BLACK 2,080  (3.4%) ASIAN 2,876 (4.7%) OTHER 2,854 (4.7%)

District  9  boundaries represented by Renee Grout did not change and the District is very condensed. The Northern border  is Menaul, the West border is Eubank, the Southern border is Dennis Ave, SE and the East border is the Sandia foothills federal land.

Click to access cabq_concept_a_maps_table.pdf

https://www.cabq.gov/council/news/new-city-council-district-boundaries-to-take-effect-october-20th

https://www.abqjournal.com/2553183/new-albuquerque-city-council-boundaries-take-effect-ex-downtownbase.html

CITY COUNCIL TURNOVER

In the 2017 municipal election, the  Majority Hispanic District 2 elected Democrat Isaac Benton and Majority Hispanic District 6 elected Democrat Pat Davis and the Majority Hispanic City elected Democrat Mayor Tim Keller.

The 2021 municipal elections resulted in a turnover of 4 city council seats out of 9 with 2 city councilors deciding not to run again and two other Democrat incumbents losing to challengers.  The Hispanic Majority District 5 elected Republican Dan Lewis who defeated Hispanic Democrat Cynthia Borrego.  The City Council went from a 6 to 3 Democrat “progressive” majority to a 5 to 4 Democrat majority that is decidedly more conservative leaning thanks in large part to the election of Westside conservative Democrat Louie Sanchez who defeated progressive Democrat Lan Sena.  

After the 2021 Muncipal elections, the 5 Democrats on the new city council as of January 1, 2022 are:

District 1 Conservative Democrat Louie Sanchez (Elected on November 2 defeating Lan Sena.)
District 2 Progressive Democrat Isaac Benton
District 3 Moderate Democrat Klarissa Peña (Ran unopposed on November 2 .)
District 6 Progressive Democrat Pat Davis
District 7 Progressive Democrat Tammy Fiebelkorn

After the 2021 Muncipal elections , the  4 Republicans on the new city council as of January 1, 2022 are:

District 5 Conservative Republican Dan Lewis (Newly elected)
District 4 Conservative Republican Brook Bassan
District 8 Conservative Republican Trudy Jones
District 9 Conservative Republican Renee Grout

Because of the 2021 municipal election and its move to the conservative right, it has frequently taken to attempting to repeal  progressive  policies adopted by the previous city councils. That includes the city’s plastic bag ban repeal by the current council, attempting repeal the Mayor’s authority to issue emergency public health orders to deal with the pandemic and weighing whether to replace the zero-fare bus pilot program.

2023 MUNCIPAL ELECTION

Democrat Pat Davis And Republican Trudy Jones have made it official and announced that they will not seek another term on the Albuquerque City Council. Both Davis and Jones said they  intend to serve the remainder of their terms  which run through the end of 2023. Both Jones and Davis said they are ready to make way for some new voices on the council.  A total of 4 City Council seats will be on next year’s municipal ballot and include District 2 now represented by progressive Democrat  Isaac Benton and District 4 now represented by conservative Republican Brook Bassan.

DISTRICT 8 REPUBLCAN TRUDY JONES

Republican Trudy Jones, now 73,  was first elected to the City Council in October 2007 to represent District 8,  Albuquerque’s Far Northeast Heights and Foothills.  District  8 is a decidedly WHITE district  with  a  total population of  59,917  and with a WHITE population of 35,477 or 59.2%  and a  HISPANIC population of  15,807 or 26.4%.   She has been elected 4 times to the council and will complete 16 years of service in 2023. She is a retired real estate agent and said she was drawn in 2007 to the public service element of the council. She said her focus since becoming a city councilor has been improving public facilities in her district and said she is especially proud of the investments in parks and roads.

As a city councilor and as a realtor, it was not at all surprising that  her primary  interest was in land-use planning and zoning matters.  She was the co-sponsor of  the city’s Integrated Development Ordinance, which in 2017 replaced the city’s old zoning code,  and chairing the city’s Land Use, Planning & Zoning committee for the past three years. She was a staunch supporter of the disastrous ART Bus project down the center of Central.   This past year she voted to support “Safe Outdoor Spaces” which are government sanctioned tent encampment for the homeless and “motel conversions” which will allow the city to purchase motels to be converted to long-term low-income housing. Jones said she wants to shepherd various infrastructure projects to the finish line before leaving office.

DISTRICT 6 DEMOCRAT PAT DAVIS

Democrat Pat Davis, now 44, was first elected to the City Council in 2015 succeeding City Councilor Rey Garduno and in 2019  Davis was elected to serve another 4 year term.   Davis represents District 6, which encompasses  the International District, Mesa Del Sol, Nob Hill, Southeast Heights, and the University of New Mexico. District 6 is a decidedly  Hispanic   Majority District with a total population of 64,510  which is  45.8% Hispanic and  35.8%. White.

Davis is considered one of the leading progressives on the city council and  worked on the city’s early solar energy initiatives and co-sponsored legislation that strengthened the city’s immigrant-friendly status, and another bill that decriminalized possession of small amounts of marijuana years before the state legalized recreational cannabis.  Davis is building a small media network as publisher of three independent newspapers: the Corrales Comment, the Sandoval Signpost and The Paper.  By announcing his intentions now not to seek a third term, Davis said he is giving others interested in his job a chance to “research and build networks.”  Davis had this to say about his departure from the city council:

“I think the city has got to find some new voices to help move us forward. I want to give some folks an opportunity to try that and maybe somebody else will be more successful than I would be. … I have a lot of other things going on. … I can leave the City Council and still have a voice from the newspaper job that I could do more work in.”

The link to quoted news sources is here:

https://www.abqjournal.com/2549631/two-city-councilors-say-they-wont-seek-reelection.html

TWO INCUMBENTS WHO MAY RUN AGAIN

The two other City Council District seats that will be on next year’s 2023 municipal ballot are District 2 represented by 4 term Democrat City Councilor Isaac Benton and first term District 4 Republican Brook Basaan.  Benton and  Basaan have not yet said if they will be running again, but if they do, it is expected they will have strong opposition.

DISRICT 2 DEMOCRAT ISAAC BENTON

Democrat Isaac (Ike) Benton, 71, is the District 2 City Councilor and was first elected to the council in 2005 and has been elected 4 times to 4 year terms.  Benton’s district is a decidedly Hispanic Majority District  with a 45.9% Hispanic population and a 38.8%  White population.   Benton is a retired architect and avowed urbanist. Benton’s city council district includes a large area of downtown Central and the North Valley which leans left and is heavily Hispanic. Benton ran unopposed in 2015. In 2019,  Benton had 5 opponents with 4 having qualified for public finance. Four of his opponents were Hispanic males ranging from the ages of 28 to 39, and one was a Republican Hispanic female. In 2019 Benton was forced into a runoff with  Zack Quintero, 28, who was  a recent UNM Law School graduate and economist and Benton won the election. Quintero for his part ran unsuccessfully for State Auditor this year and eventually became the statewide campaign field coordinator for Governor Michelle Lujan Grisham’s successful reelection campaign.

REPUBLICAN BROOK BASAAN, DISTRICT 4

Republican Brook Bassan is the District 4 City Councilor and she is serving her first 4 year term on the city council. In 2017 Republican Brook Bassan was elected to replace retiring 4 term Republican City Councilor Brad Winter. The major borders of District 4 are generally Montano/Montgomery on the South, Tramway on the North, Academy/Ventura/Holbrook on the East and Edith on the West.  Basaans’ City Council District 4 is a decidedly White Majority District  with a  47.8%  White population and a 37.7% Hispanic  population.  

It was in June  of this year that  Brook Bassan became embroiled in controversy when she supported and was the chief advocate and sponsor for  “Safe Outdoor Spaces” amendment to the Integrated Development Ordnance (IDO) that now permit 2 homeless encampments in all 9 city council districts. Safe Outdoor Spaces are city sanctioned homeless encampments designed to have  40 designated spaces for tents  allowing  upwards of 50 people, requires hand washing stations, toilets and showers, require a management plan, 6 foot fencing and require social services offered. Bassan introduced legislation to place a moratorium on the land use as well as a repeal of the land use, but the damage has been done with upwards of 6 applications for Safe Outdoor Spaces made with 3 approved and with one appealed.

https://www.abqjournal.com/2553183/new-albuquerque-city-council-boundaries-take-effect-ex-downtownbase.html

COMMENTARY AND ANALYSIS

With 6 White City Councilors and Mayor and with only 2 Hispanic City Councilors in a Hispanic majority city, City Government is not even close to being representative  of the City’s  rich cultural diversity and history.

The 2023 municipal election will indeed give voters a real opportunity to select upwards of 4 new city councilors that could dramatically change the direction of the city policy as well as the balance of power.

The city is at a crossroads and with any luck more Hispanic or minority citizens who are truly concerned about the direction of the city will step up to the plate and run for City Council and provide real choices and solutions to the city’s problems.

It was on November 14, 2014 that the City of Albuquerque, the Albuquerque Police Department (APD)  and the United State Department of Justice (DOJ) entered into a stipulated Court Approved Settlement Agreement (CASA) after the DOJ  completed an 18^th month investigation of APD.  The DOJ found that APD had engaged in a pattern of excessive use of force and deadly force and that a “culture of aggression” existed within APD. The Court Approved Settlement Agreement mandates 271 police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs) on APD’s progress implementing the reforms.

On November 9, 2022, Federal Court Appointed Independent Monitor James Ginger filed his 16th Report on APD’s Compliance Levels with the settlement. The 16th reporting period  covers the time period of February 1, 2022, through July 31, 2022. The link to review the entire 16th Federal Monitors report is here:

https://www.cabq.gov/police/documents/959-221109-imr-16.pdf

HEARING HELD ON 16^TH FEDERAL MONITOR’S REPORT

On December 6, Federal District Court James Browning, who oversees the settlement, held an all-day remote  hearing  to review the report.   The Federal Monitor reported that as of the end of the IMR-16 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100% (No change)
Secondary Compliance: 99% (No change)
Operational Compliance: 80%. (10% increase from 70%)

Under the terms and conditions of the settlement agreement, once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to have come into compliance within 4 years and the case was to be dismissed in 2020.

During the December 6 hearing, Federal Monitor James Ginger reported that APD continues to make impressive gains in the compliance levels over the past year.  This is a complete reversal of  the downward trend found and reported in 3 previous monitor’s  reports. It was also reported that the City, APD and the  DOJ finally executed the stipulated order whereby the city will be allowed to self-monitor and self-assess upwards of 25%  of the 271 mandated reforms of the CASA.  It was also reported that the Internal Affairs Force Division (IAFD)  is meeting the mandatory deadlines in its investigations, and that the most recent use of force report found uses of force have decreased by more than 30% over the past 2 years.

CIVILIAN POLICE OVERSIGHT AGENCY REPORTED IN TURMOIL

During the December 6 hearing  it was revealed that the Civilian Police Oversight Agency  (CPOA) newly-appointed executive director Dierdre Ewing’ has resigned effective December 9.   She  was confirmed for the position by the City Council just 6 months ago to replace Interim Executive Director Diane McDermott who had replaced Ed Harness, the first CPOA Executive Director.  The creation of the CPOA was a settlement mandated reform and its purpose is to oversee APD and  to watch for police  misconduct, including excessive force.

The CPOA has been in turmoil the past few years  with the loss of Executive Directors  and  5 board member resignations out of  a board of 9.  Dan Giaquinto, a member of the monitoring team, said the office had to act quickly to “reverse the downward trajectory” of civilian oversight in Albuquerque by fully staffing the agency and board.  Giaquinto told Judge Browning:

“As APD marches towards compliance, CPOA must march in the same direction. … They really need to do it now.”

CPOA board chair Patricia French said the CPOA board is moving forward in a positive manner and said its members are committed to its mission. She reported that 7 of 9 board positions have been filled and she told Judge Browning this:

“During the short time that [Executive Director Dierdre Ewing has]   been with us, I will say that she’s been responsive to the board. … She has helped us move forward in an effective and efficient manner in our serious use of force and officer involved cases.”

SPIKE IN APD OFFICER INVOLVED SHOOTINGS DOMINATES HEARING

Although it was reported during court hearing that APD is making  gains in in implementing the reforms, it was also reported that there have been more APD police officer shootings in 2022  than during any other year before.  In 2022, there have so far been 18 APD Police Officer involved shootings,10 of which were fatal.  In 2021 there were 10, four of which were fatal.

A review of shootings by APD police officers  between 2018 and 2022 identified three common circumstances:

1. When officers are attempting to apprehend violent suspects;
2. When individuals are experiencing some kind of mental health episode;
3. When people with little criminal history are under the influence of drugs or alcohol and make bad decisions.

Albuquerque Police Department released data  that shows  there have been 54 police shootings dating back to 2018. Of the cases reviewed, 85% involved people who were armed with a gun or a weapon that appeared to be a firearm.  About 55% of the cases involved people under the influence of drugs or alcohol, while only 2  cases in which intoxication did not play a role. Without toxicology tests, it was unknown whether drugs or alcohol played a role in the remainder of the cases.  Statewide, authorities said the number of shootings in which officers opened fire stands at 50 for the year.

Barron Jones, a member of APD Forward and a senior policy strategist with the American Civil Liberties Union in New Mexico, said that more  transparency is needed to better understand what, if anything, could be done to prevent shooting deaths at the hands of officers. Jones also said that  recent cases underscore the need for a statewide use-of-force policy that includes clear, consistent protocols for deescalating interactions with the public “to avoid these kinds of tragic incidents.”

The link to the quoted news source article is here:

https://abcnews.go.com/US/wireStory/albuquerque-marks-record-number-police-shootings-2022-93084096

The last two years have also been two very violent years in the city.  The number of homicides in the city have broken all time records.  In 2021, there were 117 homicides, with  3 declared self defense reducing homicide number to 114. In 2022, there were 115 homicides as of  December 3, 2022. 

The spike  in APD police shooting includes the years when the DOJ  found that APD had a pattern of excessive use of force and deadly force with a finding of a culture of aggression.  The increase in APD police officer shootings overshadowed the report on APD’s progress with the reforms and dominated the day long hearing.

Alexander Uballez, the U.S. Attorney for the District of New Mexico, said this about the shootings:

“[My job]  will not be complete until there’s a substantial reduction in police shootings and fatalities.”

Paul Killebrew, the deputy chief of the DOJ’s Civil Rights Division, acknowledged the frustrations.  He said that the DOJ wants to see how the city, APD,  the Civilian Police Oversight Agency, the Mental Health Response Advisory Committee, and the Force Review Board  respond to the spike.   Killebrew said this:

“The increase in officer involved shootings is unacceptable. … You see a spike in officer involved shootings and it feels like we’ve set back the clock by 10 years. … It’s clear from what we’ve heard today that it is inconsistent with the community’s values. … So we need to see action from the Albuquerque Police Department and from the groups [responsible to oversee APD] . From where we sit this is an ongoing crisis. This is an ongoing problem.”

APD Forward includes upwards of 20 organizations who have affiliated with each other in an effort to reform APD and implement the DOJ consent decree terms and reforms. Daniel Williams of APD Forward told Judge Browning that members of his group had been hoping to hear “concrete actionable steps that the city has taken” to address the increase in shootings by officers but were disappointed.

Taylor Rahn, an attorney on contract with the city to assist with implementation of the CASA, urged the court and the public to wait before passing judgment and said this:

“We recognize that concerns about the number of individuals who are suffering from some type of mental health issue during the use of force encounter is a pattern that the community is concerned about… The city will not jump to any conclusions and will allow all of the processes that are in place for independent review of individual incidents, officers and patterns to run their course.”

Over the past 18 months, 2 of the shootings have resulted in an officer being fired for violating APD policies.

Police Chief Harold Medina pointed out that the settlement agreement is meant to assess whether policies are in place to reduce an officer’s likelihood of using deadly force, whether officers are trained in those policies and whether they are being held accountable when they violate them.  Medina told the court:

“We will never 100% take out human errors, and we will always have officer misconduct. … This process was started for us to identify the officer misconduct and address the misconduct. … I don’t know if there’s ever been a period of time before in the Albuquerque Police Department when individuals were held as accountable. We will continue to hold individuals accountable. We will continue to monitor our policies. We will continue to monitor our training.”

Chief Medina told Judge Browning he has asked the executive staff and academy directors to see if there are missed opportunities for trainings or other tactics that could be used instead of deadly force.

The link to quoted news source material is here:

https://www.abqjournal.com/2555721/rise-in-police-shootings-worry-apd-reformers.html

COMMENTARY AND ANALYSIS

There is no doubt that the community should be absolutely alarmed over the fact that there has been a spike in police officer involved shootings given the fact such shootings, and accompanying litigation and judgements against the city, is what brought the Department of Justice to the City in 2013 in the first plac. When it comes to APD Police Officer Involved shootings, history is repeating itself despite millions spent and implementation of the settlement reforms.

What is equally alarming is the city for the last 5 years has broken the record of number of homicides each year.  Crime rates in the city are also high across the board. According to the Albuquerque Police’s annual report on crime, there were 46,391 property crimes and 15,765 violent crimes recorded in 2021.  These numbers place Albuquerque among America’s most dangerous cities.  All residents are at increased risk of experiencing aggravated robbery, auto theft, and petty theft.  The chances of becoming a victim of property crime in Albuquerque are 1 in 20, an alarmingly high statistic. Simple assault, aggravated assault, auto theft, and larceny are just some of the most common criminal offenses in Albuquerque. Burglary and sex offense rates In Albuquerque are also higher than the national average.

https://www.volunteerworld.com/en/review/travellers-worldwide

It’s because of the city’s overall crime rates that no one should be surprised that there have been more police officer involved shootings this past year.  The reality is that the city can expect the trend of police officer involve shootings to continue even if APD achieves 100% compliance of all 271 mandated police reforms under the settlement.

District 7 Albuquerque City Councilor Tammy Fiebelkorn is sponsoring two new city ordinances that are targeting the city’s apartment industry. One ordinance is entitled the “Residential Tenant Protection Ordinance” and targets what  Fiebelkorn deems “deceptive” practices  and “unreasonable” fees.  The second is the “Residential Rental Permit  Ordinance” that mandates  a permitting system to operate residential rental properties.

Fiebelkorn’s  two  new city ordinances are being proposed  after the City Council  voted down  her city council resolution  asking the New Mexico Legislature to repeal a state law that prevents cities throughout the state from implementing rent control.  Fiebelkorn argues her new ordinances are a “logical progression” of the discussion on rent control.   She proclaims her Residential Tenant Protection Ordinance is a “relatively painless way” to help Albuquerque residents living on the margins to deal with soaring rental housing costs.

Since being elected to City Council on December 7, 2021,  Fiebelkorn said renters have alerted her to fees being charged she did not even know existed. Fiebelkorn claims she has heard from too many renters who have told her they have ended up paying a lot more for their rental housing than they expected.  She asserts the new ordinance will give renters a better understanding of  the total cost of their monthly rent  be before they sign a lease and move in to their rental home.

While Fiebelkorn says she  believes most landlords are not overcharging tenants, she says her proposals will keep some bad actors at bay and she said this:

“I think that there is always a role for regulation so that we can protect those that are most vulnerable in our community.”

NEW MEXICO OWNERS-RESIDENT RELATIONS ACT

In 1975, the New Mexico Legislature enacted the Owners-Resident Relations Act.   The purpose of the Uniform Owner-Resident Relations Act is to “simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of an owner and resident, and to encourage the owners and the residents to maintain and improve the quality of rental housing in New Mexico.”  (47-8-2 Purpose)   The act outlines regulations and the rights, obligations and provides for remedies of both owners and tenants.

Under the Uniform Owner-Resident Relations Act, “the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, equitable abatement, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.”  (47-8-4 PRINCIPLES OF LAWAND EQUITY)  In other words the purpose of the  act is  a codification, consolidation or reference to all aspects of the law dealing with owner and tenant relations, rights and remedies.

The Owners-Resident Relations Act is state law that supersedes and negates the need for Fiebelkorn Residential Tenant Protection Ordinance.  Over the decades since its enactment, there have been literally hundreds of cases litigated and appellate decisions issued interpreting the act and enforcing the rights and remedies available under the act.

The link to review the entire act is here:

https://www.rld.state.nm.us/uploads/files/00%202019%20NM%20UORRA%20-%20CHAPTER%2047%20-%20for%20web%20publication.pdf

RESIDENTIAL TENANT PROTECTION ORDINANCE 

According to Fiebelkorn,  her Residential Tenant Protection Ordinance does not involve rent control nor does it attempt to tackle rent prices or increases.  She claims its intent is to alleviate financial pressure on low-income households by reducing or eliminating fees. The proposed ordinance is 5 pages long, and the operative provisions of the proposed ordinance is 3 pages.  The exact, mandatory provisions contained in the ordinance merit quoting and analysis.  The operative provisions of  Residential Tenant Protection Ordinance are as  follows:

[WRITTEN DISCLOUSURES MANDATED]

“A landlord must make the following written disclosures to potential applicants for a unit before the applicant applies to rent a unit, either in the advertisement for the unit or any other written communication, including electronic:

Information that could appear on a background check that would disqualify an applicant for approval, if any;

The minimum credit score required for approval, if any;

 Minimum income requirements, if any, subject to the provisions of the City of Albuquerque Human Rights Ordinance, which provides that if an applicant receives a housing voucher, only the portion of rent that the tenant is personally responsible for paying may be used to calculate a minimum income requirement

A list of all Application Fees charged by the landlord and all Tenancy Fees provided for in the lease agreement.

A Tenant shall not be subject to Application Fees or Tenancy Fees not included in the written disclosure required.”

[REASONABLE FEES]

“Application Fees and Tenancy Fees charged by landlords to tenants must be reasonable.

An Application Fee or Tenancy Fee is reasonable when it is no greater than a landlord’s actual cost paid to a third party associated with the action or process for which the fee is imposed.

A Tenancy Fee for late payments is reasonable when it does not exceed the amount described in the New Mexico Owner-Resident Relations Act.

 A Tenancy Fee for a returned check is reasonable when it does not exceed the landlord’s actual cost paid to their financial institution.  In no event shall an Application Fee exceed the landlord’s actual cost, per application.”

[APPLICATION PROCESS]

A landlord shall process applications in the order they were received and shall process no more than 10 applications for each rental unit at a time. If none of the applicants qualifies to rent the unit, the landlord may process up to 10 new applications.

Application fees shall be held by the landlord until the application is processed or until any tenant’s application for the unit is approved, whichever occurs first.

If an application is not processed and the unit is rented to another tenant, the application fee must be refunded to the applicant within 15 days.

In the event that a Landlord rejects an Application without providing a reason in writing, the Landlord shall refund the Application Fee collected.

 A landlord may not charge a fee on the basis that the tenant intends to keep a pet. A landlord may require an additional pet deposit if permitted by state law, and for leases less than one year, may charge monthly pet rent not 22 to exceed $15 a month, regardless of the number of pets.

A landlord may not charge any other fee, other than the late fees and attorney’s fees described in the New Mexico Owner-Resident Relations Act.

At the time any fee is charged, the landlord must provide to the tenant the invoice or other documentation evidencing the cost for which the fee was imposed.

[PAYMENT OF RENT]

“A landlord shall not refuse to accept payment of rent on the basis 30 that the payment is made by cash, personal check or money order, nor shall any residential lease prohibit a tenant from paying rent by cash, personal check or money or

A landlord shall not charge a fee for payment of rent on the basis that the payment is made by cash, personal check, money order, or via an online payment portal, nor shall any residential lease provide for such a fee.”

[RENTER’S INSURANCE REQUIREMENT PROBHIBITED]

A landlord shall not require a tenant to obtain any insurance as a condition of renting a residential unit.

You can review and read the unedited proposed  Residential Tenant Protection ordinance  at this KOB news report link:

https://www.kob.com/new-mexico/albuquerque-city-councilor-pushes-for-more-renter-protection/

ANALYIS OF RESIDENTIAL TENANT PROTECTION ORDINANCE 

The ordinance is a clear attempt to regulate any and all fees that are a part of the application process and contracts.  The Residential Tenant Protection Ordinance would prohibit landlords from charging tenants more than their own costs for processing applications to rent or for any other fees they required beyond rent or a deposit.  The bills seeks to eliminate fees that are for-profit charges.  Fiebelkorn proclaims rent is where profits should made by landlords and not from hidden fees charged to tenants, yet she provides no specifics. She admitted that apartment owners could simply raise rent prices if they lose other revenue from fees assessed.

The ordinance  requires landlords to disclose to potential applicants all application and other fees provided for in the lease agreement. The ordinance goes so far as to mandate that each time a property owner imposes a fee, they will  be required to supply documentation proving their costs to the tenant. Fiebelkorn said she wants to ensure that fees being charge are not  for profit making.  She wants tenants to understand fully the fees being charged and why they are being charged.

The bill requires landlords to post and make public a list of application fees, minimum income and credit score requirements and items on a background check that could disqualify a rental  applicant.  Under the new ordinance, landlords would have to disclose up front and in writing the minimum income and credit score required to qualify for a rental unit.

The ordinance would dictate elements of the application process to rent.  The ordinance goes so far as to mandate how many applications can be processed at a time and would allow only 10 applications for a single rental unit at a time and a landlord could not move on to another group of 10 unless none of the first 10 qualifies. Whose going to enforce such a trivial application process requirements  and why are they needed in the firstplace?

Landlords would be required to refund application fees if they never actually processed a potential tenant’s paperwork before renting the unit to another or if they reject an application without providing a written reason.  The ordinance calls for application fees that are no larger than the landlord’s cost to process them. The legislation’s language also asks landlords to return fees for unprocessed applications.

It also sets a cap of $15 a month for people who own any number of pets. The particular provision mandated by Fiebelkorn should come as no surprise to anyone seeing as she is an avowed animal rights activist.

The ordinance would prohibit apartment owners and managers from assessing fees for paying rent by cash, personal check, money order or via an online portal.  Apartment owners could not refuse to accept cash, checks or money order and would require landlords to disclose to potential applicants all application and other fees provided for in the lease agreement.

The propose legislation would bar landlords from charging a pet fee, except when the lease is under a year. Landlords could still charge a pet deposit, but the deposits would be refundable if the landlord incurred no costs associated with the animal.

Fiebelkorn said this about her Residential Tenant Protection Ordinance mandating the disclosure of fees:

“Most of the landlords in our city are fair, transparent, very clear with what folks are going to get. It’s the few that are making it really hard. … What we’re trying to do is make it real clear and transparent for people who are like looking for a rental unit.  … Having some specifics on what kind of fees can be charged and making sure they’re just the passage of actual costs to a property owner seems like a small, easy way we can provide some kind of cost stabilization for low-income people.  This is something we can do right now that wouldn’t have any potential negative impact on landlords, but it would certainly help, particularly low-income people who are trying to find a place or stay in a place.”

RESIDENTIAL RENTAL PERMIT ORDINANCE

The second ordinance Fiebelkorn is proposing is new permitting process for all rental units which would include various annual fees for landlords and property owners. Those fees start at $50 for a single unit and go as high as $700 a year for a 250-unit apartment complex. The permit ordinance also imposes daunting disclosure requirements that are a repetition of information contained in documents  already on file and easily accessible or in the possession of the city, county and state government.

Fiebelkorn said her goal with the permit ordinance is to give city leaders a better idea about how many rental units are available in the market.  These are statistics the city  already has.  She said this:

“We certainly aren’t doing anything here to make money for the city. This is really just to cover the cost of setting up that registry.”

PERMITS WILL BE REQUIRED

Fiebelkorn’s “Residential Rental Permit Ordinance” provides as follows:

No person shall operate any residential rental property without a Residential Rental Property Permit (RRPP) from the City of Albuquerque. An RRPP may cover multiple units, but data shall be required for each individual dwelling unit. In addition to any other necessary information, the City shall require submission of the following for each residential rental property:

DWELLING UNIT INFORMATION

The permit ordinance will mandate the following dwelling information:

 Physical address of the property;

 Date the unit was built;

The number of units with details about the number of bedrooms, the square footage, and the maximum occupancy of the units;

 A statement of compliance with the housing code;

Whether the dwelling unit is owner occupied;

The number of units that are ADA accessible.

Any other information as determined by the City.

TENANT INFORMATION

The permit ordinance requires the following “tenancy Information” if the property has a current tenant:

 Whether the unit is vacant or occupied by a tenant(s)

Term of the current lease(s);

 Rental rate(s);

 Security deposit amount(s)

A list of any additional fees charged;

A list of utilities, if any, that are included in the monthly rental  rate.

 OWNER AND MANAGEMENT INFORMATION

The ordinance will require the following Owner and Management Information:

The name, phone number, email address, and mailing address  of the property owner;

 The name, phone number, email address, and business  address of the property manager/agent/operator(s) who will be available to [address]  issues or complaints regarding the operation or occupancy of the dwelling  unit;

The RRPP number issued by the City must be included on all marketing materials and rental agreements for each respective dwelling unit;

Any change to the information required must be  updated with the City within thirty (30) days of the change to the information …  including but not limited to … entering into a new lease or lease renewal, when a unit becomes vacant, and updating tenancy information if the property is vacant at the time the RRPP is issued.

PERMITTING FEES.

Residential rental property owners would be subject to the following fees, based upon the number of rental dwelling units owned by the  property owner:

“Initial owner permit fee:

 Single dwelling unit: $70 

2-10 dwelling units: $140  

11-50 dwelling units: $350 

51-250 dwelling units:  $490 

 More than 250 dwelling units: $700”

There is no explanation as to how the fees were determined nor as to reasonableness.

ANNUAL RENEWAL FEE FOR THE YEARS FOLLOWING INITIAL OWNER PERMITTING:

 “Single dwelling unit … $50 

 2-10 dwelling units … $100

 11-50 dwelling units … $250 

51-250 dwelling units … $350 

More than 250 dwelling units… $500.”

EDITORS NOTE:   There is no explanation as to how the fees were determined nor as to reasonableness.

WAIVER OF PERMIT FEE: 

“Permit fees shall be waived for the following residential rental properties:

Owned in whole or in part by or leased and operated by a local, state, or federal governmental agency;

Owned or leased and operated by any organization that has been exempted from federal income tax as a nonprofit organization in good standing under  … the United States Internal Revenue Code [for nonprofits]  , and has been designated as income-restricted housing;  and

 Affordable housing projects that are constructed with the support  of any combination of federal, state, or local financial resources, including 3 private activity bonds, tax credits, grants, loans, or other subsidies to  incentivize the development of affordable housing, or properties where the  tenants are recipients of low-income housing assistance and that are  restricted by law, contract, deed, covenant, or any other legally enforceable  instrument to provide housing units only to income-qualified households  where 80% of the total units are income restricted.”   

ENFORCEMENT AND PENALTIES.

“The City shall investigate any complaints or notifications about unpermitted residential rental properties.  Upon verification that the unit is unpermitted the City shall issue a letter of compliance to the unit owner. If three letters of compliance are issued to the  owner and the owner does not remedy the violation, the owner shall be  assessed a fine of $100 a week until the unit is brought into compliance. If the unit is not brought into compliance after 6 months from the date of the last  letter of compliance, the unit will not be eligible for a permit for two years, and it shall be unlawful for the owner to operate the unit as a rental property.]”

You can review and read the unedited proposed Permit Ordinance at this KOB news report link:

https://www.kob.com/new-mexico/albuquerque-city-councilor-pushes-for-more-renter-protection/

ANALYIS OF RESIDENTIAL RENTAL PERMIT ORDINANCE

Under existing city ordinances and state law, residential apartment owners are required to have licenses to do business and they are a mandated by law to renew each year and pay a fee. Simply put, there is no need and no reasonable justification to require permits for business that already are required to apply and pay for licenses to do business within the city.  Property owners  are  required to obey all applicable city ordinances, including code enforcement ordinances dealing with substandard housing mandating inspections, maintenance  and repairs   They are also required to  pay gross receipts taxes and property taxes and they are  required to have a tax identification numbers.

There is no explanation as to how the fee structure was determined nor as to reasonableness. Despite Fiebelkorn’s  statements to the contrary, the fee structure is arbitrary and capricious and ostensibly created to generate revenue for the city.  The fees paid do not mandate the city to perform services to those who pay the fees.

The Dwelling Unit Information required by the permit ordinance is information that is already on file with the city’s Planning and Zoning department and or the County Assessors office. The Tenant Information required by the permit ordinance is private contractual information and should  not be a matter of public record. The Owner Management Information is already provided to the city in the city license to do business.

The enforcement provisions fail to provide the manner and method of enforcement and fails to identify what city department will enforce the ordinance  with no appropriations.

APARTMENT INDUSTRY REACTS TO ORDINANCES

Steve Grant, the president of the Apartment Association of New Mexico told the City Council that his organization  is “adamantly against” Fiebelkorn’s  Residential Tenant Protection Ordinance. Grant told the city council this:

“Are we going to be the city that wants to continue growing in a positive direction, with new job growth, new company expansions and, yes, future housing, or are we going to be a city that is so hard to deal with that businesses and future investors decide not to deal with Albuquerque and run away from us?”

Chuck Sheldon is the CEO of T&C Management. Sheldon agrees with transparency during the rental process is a good idea but he does draw a line. Sheldon had this to say:

“I’ve been in this business a long time, and so you know, we need to make it so, so it works for everybody. … There’s no reason not to be advertising years of qualifications to get into this apartment. Here’s, here are the fees associated with that. … The pushback is we’re going to have fewer owners, fewer people that want to manage and go through this array, fewer people constructing here.”

Damon Maddox is a managing member at Maddox Management LLC. They oversee 788 residential units in Albuquerque. Maddox takes a dim view of  a few issues in  the proposed legislation with regards to fees charged and requiring renters insurance. Maddox had this to say:

“We charge the fees that need to be charged, not to make a profit. You know, these are things to help our properties run, grow, get good quality tenants and make sure they have a good experience. …  Insurance has helped us as a company three times in the last five years. It’s for their protection as much as it is for the homeowners of protection. … If she wants to have the Realtors’ Association and property managers at the table to help her write some good legislation that might actually help. We would be happy to sit at the table with her.”

The links to quoted news sources are here:

https://www.kob.com/new-mexico/albuquerque-city-councilor-pushes-for-more-renter-protection/

https://www.koat.com/article/albuquerque-legislation-aims-protect-renters-management-groups-oppose/42116301

https://www.abqjournal.com/2553737/legislation-aims-to-add-protections-for-renters.html

COMMENTARY AND ANALSIS

The title of  the ordinance “Residential Tenant Protection Ordinance” is  pure politcal  posturing and spin by City Councilor Tammy Fiebelkorn.  Her  ordinance should be called the “Rental Industry Crush Ordinance.”   Fiebelkorn proclaims her new ordinances is  a “logical progression” of the discussion on rent control. It is not.  It’s a reflection of  Fiebelkorn’s resentment or downright hostility towards property owners and the apartment industry that resists rent control.

Fiebelkorn herself said this:

“Most of the landlords in our city are fair, transparent, very clear with what folks are going to get. It’s the few that are making it really hard.”

What Fiebelkorn is essentially saying with her sponsorship is she wants to make the entire apartment rental  industry miserable with city fees and bureaucratic mandates because “It’s the few that are making it really hard.” 

She proclaims her Residential Tenant Protection Ordinance is a relatively painless way to help Albuquerque residents living on the margins to deal with soaring rental housing costs.  The truth is, there is absolutely nothing “painless” about the ordinance when it comes to real property owners and how it imposes on their property rights and their right to contract.

The only logical progression is the fact that Fiebelkorn is a self-proclaimed activist and who is considered the extremist on the city council who became upset with the City Council rejecting her politcal agenda to ask the New Mexico Legislature to repeal the state law that prevents cities throughout the state from implementing rent control.

The way the ordinances are written, they are a blatant attempt to usurp and contravene provisions of the New Mexico legislative enacted state  Owner – Resident Relations Act. The Act mandates  written ‘‘rental agreements’’ or leases  and provides that  all agreements between an owner and resident and all  rules and regulations required  under the act must be embodied in  the terms and conditions of the written agreement concerning the use and occupancy of a dwelling unit or premises.   (47-8-3, P,  Definitions.)

The state law mandates  written lease agreements that are enforceable contracts in a court of law. The act allows the parties to negotiate contract terms of any rental  lease, including payment of fees. Tenants have the right to object to the fees as being unreasonable and landlords and owners who retaliate by failing to rent because of refusal to pay fees expose themselves unfair trade practice accusations that can result in damages and payment of attorneys fees and costs.

Under the state law, no rental agreement may provide that the resident or owner agrees to waive or to forego rights or remedies under the state law.  (47-8-16 Waiver of rights prohibited.)  If an owner deliberately uses a rental agreement containing provisions known  to be prohibited by law, the resident may recover damages sustained  resulting from application of the illegal provision and reasonable attorney’s fees.  (47-8-17 Unlawful agreement provision.)

The remedies provided in the Uniform Owner-Resident Relations Act  are administered by the courts  to allow and  aggrieved party to  recover damages as provided in the Act.  It is the district, magistrate courts or metro courts  that have  jurisdiction to enforce the lease over any person or with respect to any conduct or claim prohibited under the Act.  (47-8-10 Judicial jurisdiction.) If the court, as a matter of law, finds that any provision of a rental agreement was inequitable when made, the court may limit the application of such inequitable provisions to avoid an inequitable result.  (47-8-12 Inequitable agreement provision)

The written lease agreement must delineate all the terms and conditions and parties performance requirement under the contract. Consequently, under the act, property owners are already required to make full disclosure of fees charged to be enforceable.

Simply put, Fiebelkorn wants rent control in the city and she refuses to take no for an answer.  If the New Mexico legislature will not allow rent control, Fiebelkorn wants to try and accomplish it indirectly through city ordinance  by eliminating any and all fees paid by a tenant, regardless of legitimacy or need.

Fiebelkorn wants to force the rental industry to pay permit fees to the city  that are arbitrary and an unreasonable and  to  inundate the industry with requirements  to compile information and statistic the city already has or should have. The data Fiebelkorn says she wants can be found by the city’s Planning Department in such documents as approved building permits, approved architectural plans, yearly licenses to do business, tax assessments, city zoning maps  and corporate and partnership documents filed with the Secretary of State. A simply survey by the city’s Planning Code enforcement division of the city’s apartment inventory can compile the data.

The “Residential Tenant Protection Ordinance” is defective on its face in that there is no enforcement provisions, no penalty provisions and no funding for enforcement. The “Residential Rental Permit Ordinance” is nothing more than retaliating against an entire industry that is opposed to rent control.  Both new ordinances  amount to nothing more than overreaching by the city while ignoring existing state laws that provide for specific remedies and penalties.

The proposed ordinances have been referred to the City Council’s  Finance and Government Operations Committee. Their next meeting is December 12. Ultimately, the City Council should vote 1-8  to kill both measures.

 

On November 10,  Mayor Tim Keller announced his “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing  supply by 2025.  Keller called his plan  “transformative” and it includes  updates to Albuquerque’s Integrated Development Ordinance (IDO)  to carry it out.

MOTEL CONVERSIONS

A zoning change already enacted by the city council earlier this year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven.

Mayor Keller’s “Housing Forward ABQ” places great emphasis on “motel conversions”.   “Motel conversions” includes affordable housing where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. Keller’s plan calls for hotel/motel conversions to house 1,000 people by 2025.

The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens. An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing.

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. Located in the area are a number of motels in the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store  and restaurants such as  Sadies, the Owl Café, and Applebee’s and other businesses.

The city is looking into buying potential properties and claims it has  not yet completed any purchases.

Sources have confirmed the Keller Administration  wants to buy the fomer  Sure Stay Hotel located at 10330 Hotel Circle NE   and also has  its eye on purchasing the abandoned and boarded up Ramada Inn for a motel conversion.  The City Department of Family & Community Services is in the process purchasing the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant,  $2,443,724.00 from Public Facilities monies  and $615,938.12 from Foreclosure Prevention for a total property purchase of  $6,119,324.24. She also outlines how the Department of Family and Community Services has  submitted a request to the HUD Albuquerque  Field Office for the release of  CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel  and the renovation project for the permanent housing with supportive services.

Strong neighborhood and business opposition has emerged and galvanized around  the city’s attempted purchase of the Sure Stay Motel, with some petitioning the city to change the zoning code to disallow motel conversions. A petition with well over 250 signatures of business owners and residents in the area was secured within a few days has been submitted to the city.

CITY’S FINANCIAL COMMITMENT TO HELP LOW INCOME HOUSING

On June 23, 2022 Mayor Tim Keller announced that the City of Albuquerque was adding $48 million to the FY23 budget to address housing and homelessness issues in Albuquerque. The City  also announced it was working on policy changes to create more housing and make housing more accessible. The key appropriations passed by City Council included in the $48 million are:

• $20.7 million for affordable and supportive housing
  · $1.5 million for improvements to the Westside Emergency Housing Center
  · $4 million to expand the Wellness Hotel Program
  · $7 million for a youth shelter
  · $6.8 million for medical respite and sobering centers
  · $7 million for Gateway Phases I and II, and improvements to the Gibson Gateway Shelter facility
  · $555,000 for services including mental health and food insecurity prevention

The link to the quoted source is here:

https://www.cabq.gov/family/news/mayor-keller-signs-off-on-major-housing-and-homelessness-investments

In fiscal year 2021 (July 1, 2020 to June 30, 2021) the Family and Community Services Department and the Keller Administration spent upwards of $40 Million to benefit the homeless,  near homeless including  affordable housing initiatives. The 2021 enacted city budget (July 1, 2021 to June 30, 2022 ) for Family and Community Services Department provides for affordable housing and community contracts totaling $22,531,752, emergency shelter contracts totaling $5,688,094, homeless support services contracts totaling $3,384,212, mental health contracts totaling $4,329,452, and substance abuse contracts for counseling contracts totaling $2,586,302.

The link to the 2021-2022 city approved budget is here:

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

Mayor Keller  has increased funding to the Family Community Services Department for assistance to the homeless with $35,145,851 million spent in fiscal year 2021 and $59,498,915 million being spent in fiscal 2022  with the city adopting a “housing first” policy.

Mayor Keller’s 2022-2023 approved budget significantly increases the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915.

The 2022-2023 enacted budget for the Department of Community Services is $72.4 million and the department is funded for 335 full time employees, an increase of 22 full time employees.  A breakdown of the amounts to help the homeless and those in need of housing assistance is as follows:

$42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than last year.

$6,025,544 total for emergency shelter contracts (Budget page 102.), down $396,354 from last year.

$3,773,860 total for mental health contracts (Budget page105.), down $604,244 from last year.

$4,282,794 total for homeless support services, up $658,581 from last year.

$2,818,356 total substance abuse contracts for counseling (Budget page 106.), up by $288,680 from last year.

The link to the 2022-2023 budget it here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

The 2022-2023 adopted city contains $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model and $24 million in Emergency Rental Assistance from the federal government.

TWO PUBLIC MEETINGS TO BE HELD ON MOTEL CONVERSIONS

The city’s Family and Community Services Department announced it is hosting a public meeting to discuss motel conversions.   The meeting will be held on Tuesday, December 6  from 5:30-7 p.m. at the Albuquerque Convention Center.  The city  requested  attendees RSVP.

Katie Simon, a city spokeswoman, said the  reason the city is holding the informational meeting is to address the publics concerns about motel conversions and said this:

“We hope to really educate about what we’re trying to do with these projects.  I think there’s a lot of misinformation and just not a lot of understanding about what the vision is for these conversions.”

For more information on the meeting and to RSVP, go online to https://bit.ly/3VHHVqB.

https://www.abqjournal.com/2554493/city-officials-to-discuss-converting-hotels-to-housing.html

Within hours of giving notice of the December 6 meeting and requesting RSVPs from the public, the city announced that reservations were no longer being accepted for the first event and that it was was “sold out”.  The event is in fact free of charge but the reservation app was not modified to state “reservations closed”.  In response to the public outcry,  the city added an additional public meeting to discuss its plans to convert hotels into permanent housing. The second meeting will be virtual and is scheduled for Tuesday, December 13.

https://www.abqjournal.com/2555252/city-of-albuquerque-adds-additional-public-meeting-on-dec-13-to-detail-housing-plan.html

COMMENTARY AND ANALYSIS

There is absolutely no doubt that the Keller Administration and the Family and Community Services Department is hosting the public meetings to discuss motel conversions simply because the issue has resulted in a severe backlash. Giving a 4 day notice on a Friday of a public meeting and then asking for RSVP from the public was  nothing more than a ploy to suppress attendance by hoping no one would  see the notice. It’s a ploy that did not work and the city was inundated with reservation requests forcing the city to schedule a second  meeting.

It was downright offensive for City Spokesperson Katie Simon to say  that the purpose of  meeting is to  try and educate what the city is trying to do with motel conversions and saying there’s a “lot of misinformation about them”. The public and the business community  are not ignorant.  They know what is going on and have legitimate concerns that motel conversions will destroy neighborhoods and established business areas.

The comments given by Simon give  the definite impression that the meetings are  not for the city to listen to public concerns  but to “educate the public”,  in other word’s lecture the public,  and the public will not be allowed to ask questions and without any consideration of the neighboring businesses or residents.

The public has already gone down a similar road of being totally ignored by Mayor Tim Keller, his Family and Community Services  Division and the Planning Department and the City Council when it comes to “Safe Outdoor Spaces” which are city sanctioned homeless tent encampments for upwards of 50 tents. Despite public opposition and outcry, the city amended the Integrated Development Ordinance (IDO) to allow for  2 Safe Outdoor Space homeless tent encampments  in each of the 9 City Council Districts with at least 3 already approved. One Safe Outdoor Space approved for 1250 Menaul  for woman who have been victims of sex trafficking’s is being appealed by  the Santa Barbera Neighborhood Association, Menaul School and the Crown Plaza Hotel with 3 others.  There is also city council legislation pending to repeal Safe Outdoor Spaces.

It’s the Family and Community Service Division that is spear heading both “motel conversions” and Safe Outdoor Spaces to the point of cramming both down the publics throats despite strong public opposition.  The department works closely with and gives preferential treatment to Safe Outdoor Space applicants by offering funding to operate and identifies city and federal funding to purchase abandoned or vacant motels for motel conversions usually all done behind closed doors.

Given the millions already being spent by the Keller Administration on affordable and supportive housing,  the biggest unanswered question is does the city have any business going into the “hotel conversion”  business and begin operating such facilities?  Further, how many motels have been identified for purchase to achieve the 1,000 unit goal and for what amounts and what are the locations? It will be interesting to see of Mayor Tim Keller or any City Councilor  will show up at either meeting.

The public is encouraged to attend either the December 6 or the December 13 meeting and voice their concerns.

 

On November 16, it was reported that Governor Michelle Lujan Grisham’s office was  accepting applications to fill the vacancy of Bernalillo County District Attorney Raúl Torrez who was elected Attorney General on November 8 and who will be  is sworn in January 1. Lujan Grisham plans to appoint a replacement to serve the remaining 2 years of Torrez’s 4 year term which expires on January 1, 2024.  Applications for the post were due by December 2.

Late Friday December  2, the Governor’s office released to the Albuquerque Journal a list of 10 attorneys who have applied for the appointment.  The link to the Albuquerque Journal article is here:

https://www.abqjournal.com/2554895/nine-attorneys-respond-to-governors-call-for-da-applications.html

The 10 attorneys who have applied with their background information are:

1. Sam Bregman, a former Democratic Party State Chairman.  He  is a respected trial attorney who manages his own private law firm. Bregman currently serves on the New Mexico Gaming Commission. His has trial experience in both civil and criminal defense and he has handled high profile criminal defense cases. including defending former APD Officer Dominic Perez who was one of 2 APD SWAT Officers who  shot and killed homeless camper James Boyd in the Sandia Foothills,  He served as an Assistant Bernalillo County District Attorney from 1994 through 1997. Bregman was an elected Albuquerque City Council from 1995 until 1999 and has a served as Deputy State Auditor for the State of New Mexico.  Bregman unsuccessfully ran for Commissioner of Public Lands and Mayor of Albuquerque. Sources have confirmed that Bregman is making a serious run for the Governor’s appointment and has been making calls to secure support within the defense bar and the Democratic party.

 

2. Damon Martinez, a former United States Attorney for New Mexico. From 2000 to 2013, Martinez was an Assistant United State Attorney. In 2014, he  was appointed United States Attorney by President Barack Obama  and unanimously confirmed in the United States Senate in 2014.  Martinez led the US Attorney’s Office during the Department of Justice’s investigation and settlement agreement with the city of Albuquerque over the Albuquerque Police Department when the  Department of Justice found excessive use of deadly force and a culture of aggression within APD.  On March 11, 2017 Martinez resigned as US Attorney and went into private practice.  In 2018, Martinez was an unsuccessful candidate for the First Congressional District to replace Michelle Lujan Grisham. Martinez is currently an Albuquerque Deputy City Attorney who works as APD’s Chief Policy Advisor and on legislative matters for Mayor Tim Keller and the city and lobbies in Santa Fe during legislative sessions.

 

3. Private Attorney Ed Perea, a retired APD  Police Commander.  Perea became an attorney after 24 years of service as  police officer. Perea ran for District Attorney against Raúl Torrez in 2016.  Perea has served as a Special Assistant Prosecutor in the 13th District. He’s also served as Executive Director of the Center for Law, Policy and Public Safety and has taught at CNM.

 

4. Joseph Gandert, a private Albuquerque attorney.  Gandert is a native New Mexican and has been a licensed New Mexico attorney since 1977. He is a seasoned  trial attorney. He was with the New Mexico Public Defenders Office for 13 years and headed the Juvenile Division.  He was  with the Federal Public defenders office for 20 plus years. Mr. Gandert is now in the private practice of law and works with his son’s law practice.

 

5. Joseph Gribble, an Albuquerque attorney. Gribble is a 1977 graduate of University of New Mexico law school.   Mr. Gribble has extensive experience in criminal and civil litigation and he  lists his areas of practice to include  Federal and State Criminal Defense work,  Commercial Litigation,  Civil Litigation, Medical Malpractice,  Wrongful Death and  Employment Law.  Mr. Gribble started his career in the District Attorneys Office where his work resulted in the successful prosecution and death sentence of a serial killer. Upon leaving the District Attorney’s Office as a Deputy District Attorney he settled into his current private practice. Mr. Gribble has handled hundreds of criminal cases throughout the State of New Mexico and in all jurisdictions, including by not limited to metropolitan, magistrate, district, tribal and federal courts.

 

6. Evan Cochnar, is a 2006 graduate of the University of New Mexico where he earned a B.A. in International Relations, Political Science and History.  He is a 2009 graduate of Syracuse University College of Law. He  has served as an Assistant District Attorney in the 11th Judicial District from 2011 to 2020.  He currently works for the New Mexico Risk Management Division.

7. Assistant Attorney General Ashley Schweizer. Schweizer was appointed an Assistant Attorney General by Attorney General Hector Balderas. She is currently handling the prosecution of serial shoplifter Isaiah Martinez who  is responsible for stealing nearly $60,000 worth of designer sunglasses and has been charged with 21 counts related to his brazen crime spree, as well as conspiracy and aggravated assault. She is also one of the prosecutors handling the prosecution of former Maintenance Technician/Detention Officer Nathan D. Sena.   Sena was employed by the GEO Group, Inc. and was a detention officer for a New Mexico Women’s Recovery Academy treatment facility. It is alleged he  preyed upon women under his control at the facility and  engaged in multiple sexual acts, which resulted in eight charges of criminal sexual penetration as a person in a position of authority.

On November 18, 202,  a group of 49 trial attorneys in the 2nd Judicial District Attorney’s Office signed a letter asking Lujan Grisham to appoint one of the 3  deputy DA’s as Torrez’s successor.  As expected, all 3 of the Deputy’s have applied and they are:

8. Bernalillo County Deputy District Attorney Josh Boone who was appointed by Raul Torrez to  oversees the Metropolitan Division. Boone earned his B.A. in political science from the University of New Mexico in 2000, and his  law degree  from the University of New Mexico School of Law in 2004.  In  2014, Boone was a  candidate for the 2nd Judicial District Court in New Mexico. He ran for election to the Bernalillo Metropolitan Court, but lost the 2014 primary. Boone  has developed and  posted on the internet a website entitled “Joshua Boone for District Attorney” thereby making him an announced candidate to run in 2025.  The website is a slick campaign web site for a candidate for office. The link to the Josh Boone for District Attorney web page is boonefornewmexico.com.

 

9. Bernalillo County Deputy District Attorney John Duran, who oversees the District Attorneys’ Major Crimes Division. From 2003 to 2013 John Duran was  a Bernalillo County Assistant District Attorney.  From 2013 to 2016 he was a Bernalillo County Metropolitan Court Judge.  He was appointed to Division 8 of the  Metro court on March 28, 2013, by Governor Susana Martinez (R).  He was defeated in his bid for re-election in November 2014 but was reappointed to Division 3 on the court soon after.  He ran for election in 2016 but was defeated in the primary on June 7, 2016.  Duran filed as a Democratic candidate in 2016, but he ran as a Republican in 2014.

 

    10.  Bernalillo County Deputy District Attorney Diana Garcia who oversees the DA’s Juvenile Division. She has been with office for 16 years. (No further information could be found.)

The link to the Albuquerque Journal article is here:

https://www.abqjournal.com/2554895/nine-attorneys-respond-to-governors-call-for-da-applications.html

BERNALILLO COUNTY DISTRICT ATTORNEY’S OFFICE

As of November 21,2022, according to the New Mexico State Government Sunshine Portal, the Bernalillo County District Attorney’s Office has a $30,350,800 million operating budget with an adjusted operating budget of $36,680,800 which includes all sources of financing including federal grants.  The office is budgeted for 337 full time positions.  The office employs 102 attorneys (81 filled, 21 vacant) who are “at will” and 255 other “classified” employees consisting of paralegals, administrative assistants, victim advocates, investigators, IT managers and personnel and finance division personnel who can only be terminated for cause under the state personnel rules and regulations.  276 of the positions are “active” meaning filled. The office has an alarming 61 vacancies. The number of vacancies in the office is larger than most other District Attorney’s offices in the state.

COMMENTARY AND ANALYSIS

It’s more likely than not that the Governor will now schedule interviews of the applicants and within a matter of 7 to 10 days make an announcement.  Now that the names of all applicants have been released, the general public is urged to weigh in on who the Governor should appoint.

Great qualifications for the job does not necessarily make a person a good fit for an elected position.  Each one of the applicants possesses positive and negative skill sets and different types of qualifications for the job. In other words, there is no one perfect candidate suited for the job who has applied, but that is usually the case with any elected or appointed politcal position.

The next Bernalillo County District Attorney needs to have strong prosecutorial and case management experience, personnel management experience,  be a proven trial attorney, have  the ability to work well with all stakeholders within the criminal justice system, including the courts, the defense bar, law enforcement and the legislature and be an effective leader who can attract attorneys to work for the office.

This is one appointment where politics should absolutely not play any role, but probably will given the high profile nature of the office.  The Governor should appoint who she feels is the most qualified candidate.  If the Governor has any reservations about those who have applied or she is not fully satisfied with the applicants, she should seek more applicants.