On January 17 MAGA Republican election denier and failed candidate Solomon Peña was arrested in connection with 4 shootings at the homes of Democrats Bernalillo County Commissioner Adriann Barboa, former Bernalillo County Commissioner Debbie O’Malley, and Speaker of the House Javier Martínez. It is alleged that he is the “mastermind” behind the shootings and that he conspired with and paid at least 4 other men to carry out the shootings and that he himself participated in one of the shootings.

On January 18, Solomon Peña faced Metropolitan Judge Jill Martinez over video and was seen in the court video dressed in a red jumpsuit with handcuffs. Peña did not say anything during the short preliminary hearing.  The Bernalillo County District Attorney’s Office successfully argued for Peña to be held without bail until a detention hearing. Peña  is represented by Albuquerque Attorney Roberta Yuric.

NEWS UPDATE: DISTRICT JUDGE RULES PEÑA TO BE HELD BEHIND BARS  WITHOUT BAIL UNTIL TRIAL

In a detention hearing held on January 23, State District  Court Judge David Murphy ordered Solomon Peña to remain behind bars without bail until trial. The Arnold tool suggested Peña could be released on his own recognizance.

The Bernalillo County DA’s Office  pushed for Peña to be held behind bars until trial, arguing the evidence of the case and Peña’s prior criminal history indicate there are no conditions of release that would ensure the community’s safety. Deputy District Attorney Natalie Lyon argued “Shortly after his release from conditions of probation, he’s working with other people to commit these violent acts toward elected officials.”  Peña’s defense in part argued that he has no history of violent crimes, crimes with firearms or crimes with drugs. Peña’s attorney Roberta Yurcic argued “For seven of those years your honor, [Peña] was out in the community and had no contact with the criminal justice system.”

Bernalillo County District Court Judge David Murphy decided that Peña will stay in jail through trial. Second Judicial District Judge David Murphy found that Pena presents a danger to the community and that no conditions of release could be fashioned that would ensure public safety.  Following the  pretrial detention hearing, Judge Murphy ruled :

“Based on the nature and circumstances of the charges, as well as defendant’s own history as a convicted felon, and the allegations of possession and use of an assault rifle, as well as the allegation that he has provided firearms to his conspirators, I do find the state has met its burden there.”

The Arnold tool suggested Peña could be released on his own recognizance but Judge Murphy said the tool is “merely a tool.”

Peña is facing 15 charges in the case that’s received national attention.

https://www.krqe.com/news/crime/judge-to-decide-if-solomon-pena-stays-behind-bars-until-trial/

https://www.kob.com/new-mexico/judge-orders-former-gop-candidate-be-held-until-trial/

https://www.abqjournal.com/2567016/solomon-pena-ordered-to-remain-in-custody-pending-trial.html

APD CHIEF HAROLD MEDINA  SHOOTS BIG MOUTH OFF 

In a truly remarkable example of pure political opportunism at its worst, APD Chief Harold Medina took the opportunity to again open his big mouth to declare our criminal justice system is broken and to attack the courts.  He declared the courts are responsible for our high crime rates and blasted the use of a judicial assessment tool that recommended that Peña could be released with bond pending trial.

Medina reacting to the arraignment proceedings of Solomon Peña pointed his pudgy little finger at the entire criminal justice system over the city’s high crime rate and said this:

“Yet another example that shows why the criminal justice system is broken. Prosecutors will recommend that the suspect in these shootings be held in jail until trial. But a judicial assessment recommends the suspect should be released, even though he is a convicted felon who served time in prison for committing more than a dozen felonies. This suspect is alleged to have hired hitmen to shoot up elected officials’ houses with life-threatening gunfire. While I realize the judicial assessment is just one tool that judges can consider, I believe that tool is fatally flawed. How can we require judges to use this broken tool? We need to fix this process so the public will have faith that we are keeping the community safe from dangerous criminals.”

The glaring falsehood of Medina’s remarks is the judicial assessment tool known as the “Arnold Rule” Public Safety Assessment tool (PSA) is not at all mandatory nor a “required tool that is fatally flawed” as Medina stated.  Judges can give it whatever weight they want to give it and even totally ignore it if they choose. It is nothing more than a recommendation that can or cannot be followed.

The Courts discretion has not been usurped by the Arnold rule.  Under the law, the prosecution has the burden of proof in to make the case that a defendant charged with a violent crime is too dangerous to release from jail pending trial and there are no reasonable conditions of release to protect the public. When it comes to Solomon Peña, the judicial system is working, he is in jail and yet Medina felt compelled to say something.

The postscript to this blog article provides and explanation on the Arnold Public Safety Assessment Tool and how it works.

NOT THE FIRST TIME

This is not the first time that Medina has taken to the media and  aim at the court’s releasing someone accused of a crime until trial.  It was on March 22, 2022 that Medina and APD engaged in an orchestrated effort to disparage the reputation of Second Judicial District Judge Stan Whitaker who approved the release pending trial of Defendant Adrian Avila on strict conditions, including GPS monitoring and a curfew. After an evidentiary hearing, 2nd Judicial District Judge Stanley Whitaker ruled that prosecutors had credible evidence to charge Adrian Avila for the crime of murder, but prosecutors did not prove “no conditions of release could protect the community.”

Whitaker’s decision  drew immediate sharp criticism from APD Chief Harold Medina and APD  took to social media the vilify Judge Whitaker. APD Chief Harold Medina had this to say during a TV interview:

“These people are accused of killing somebody and we’re counting on an ankle bracelet to protect the community. … [Adrain Avila is] at the root of gun violence. … [His release is] ridiculous.”

https://www.kob.com/albuquerque-news/albuquerque-teen-accused-of-2-murders-released-with-gps-ankle-monitor/6425548/?cat=500

On March 22, APD posted on its TWITTER  and FACEBOOK accounts a photo of Defendant Adrian Avila with the text saying in part about the pretrial release using the Arnold Rule:

“A judge released a murder suspect from jail today on an ankle monitor. … This is beyond upsetting. This jeopardizes the safety of our community, including our officers.”

Within a few  days APD’s FACEBOOK post had over 2,200 overwhelmingly “angry emoji” reactions, over 1,900 shares and over 718 comments. The overwhelming majority of the comments were negative, derogatory and very personal attacks on Judge Stan Whittaker.

ARNOLD TOOL TO GET SENATE JUDICIARY COMMITTEE SCRUTINY

The arrest of Solomon Peña  for the 4 politically motivated shootings in Albuquerque has quickly resulted  in debate during the 2023 Legislative session over whether to make it easier to hold more defendants in custody as they await trial. Citing the Solomon Peña shooting case, Las Cruces area Democrat Senator Joseph Cervantes, renewed his opposition to  rebuttable presumption in  pretrial detention but called for broader scrutiny of how courts are using the public safety tool for pretrial release.  Senator Cervantes is a seasoned and highly respected trial attorney and  is the chairman of the powerful Senate Judiciary Committee and he opposes the “rebuttable presumption” standard  to deny bail.

Cervantes praised the decision of a Metropolitan Court  Judge Jill Martinez  to keep in custody Solomon Peña until a full detention hearing can be held.   Cervantes said the Solomon case is evidence that judges already have the discretion they need to hold defendants in jail when it’s appropriate as they await trial.

However, Cervantes  took issue with the Public Safety Assessment (PSA) tool, also know as the “Arnold Tool”,  being used by the courts as an excuse in their decision making to release a defendant pending trial.  Cervantes said the public safety assessment tool has not recommended the highest levels of supervision if the defendant were released. Cervantes told his senate colleagues:

“The judge is doing the appropriate thing here [with  Solomon Peña] … we’ll be looking for that same level of protection for all New Mexicans, not just elected officials. … The Arnold Tool is just like any other computer program and we all know the ‘garbage in, garbage out’ phrase. It would seem very clear the Tool is being used to make recommendations for a lot of individuals being released that shouldn’t be. Seventy-five percent (of those charged) with murder in Albuquerque in 2021 were recommended to be released. The Arnold Tool can also be used as an excuse for why certain individuals have been released and why they’re committing horrible murders while they’re on release. There is an argument being made that the Arnold Tool really serves very little purpose because all it does really is aggregate information that the judge would already have.”

https://www.kob.com/new-mexico/new-mexico-to-reevaluate-risk-assessment-tool-for-pretrial-release/?utm_source=zetaglobal&utm_campaign=thumbnails&utm_medium=onsite

https://www.kob.com/new-mexico/judge-orders-former-gop-candidate-be-held-until-trial/

https://www.koat.com/article/legislators-pretrial-detention-hearing-process/42613796

Cervantes also spoke out against the introduced legislation that would create a “rebuttable presumption” of dangerousness for defendants charged with certain violent crimes and they be held without bond pending trial.  The aim of rebuttable presumption proposals is to make it easier for more defendants to be held in custody before they’ve been convicted and to keep them from committing new crimes. Proponents of rebuttable presumption say it will reduce violent crime.  Opponents of rebuttable presumption say courts can already keep a defendant in jail if there’s no other way to protect the public.

Artie Pepin, director of the state Administrative Office of the Courts, disputed  Senator Cervantes contention.  He said the Arnold Tool simply recommends the level of supervision if a judge determines the defendant can be released before trial. It’s up to a judge, he said, to determine whether release is appropriate. Pepin said this:

“Researchers have validated that the [Arnold Public Aafety Assessment Tool] reliably gauges the likelihood of whether the person will return to court for future hearings and remain arrest-free.”

https://www.abqjournal.com/2566122/influential-nm-senator-calls-for-scrutiny-of-pretrial-detention-tool.html

BAIL BOND REFORM

It was on November 8, 2016, the “New Mexico Denial of Bail Measure” was approved by New Mexico voters by a landslide vote. The final vote was 87.23%, with 616,887 voting YES and 12.77%, with 90,293 voting NO. The constitutional amendment largely eliminates the former system of money bail bonds. Before passage of the amendment, a defendant’s bail and release from jail pending trial on charges could be denied for the following 3 reasons:

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

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

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

The constitutional amendment allows the courts to deny pretrial release to defendants charged with a felony only if a prosecutor proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. The amendment also prohibits the courts from denying pretrial release for defendants who are not considered dangerous and do not pose a flight risk. The change was viewed as necessary to prevent low-level defendants from being kept in jail because they lacked money to post bail.

CHIEF JUSTICE URGES LAWMAKERS TO BALANCE PUBLIC SAFETY WITH RIGHTS OF THE ACCUSED

On January 25, New Mexico Supreme Court Justice Shannon Bacon cautioned the legislators  on the need to balance the rights of accused persons while protecting the public safety. She noted New Mexico voters overwhelmingly approved a constitutional amendment in 2016 that largely abolished the system of money bail bonds. She said the old bond system resulted in most criminal defendants being free until trial.

Bacon said told legislators this:

“We all feel deep sorrow and fear when we read about a senseless death and other tragedies as a result of crime, … Yet we must remember why our Constitution protects the rights of every person, including those accused of crime. … With the elimination of money bail, judges now have the ability to assess dangerousness. … In Bernalillo County, this has resulted in the detention of over 3,000 defendants pending trial – something that could not happen before with the bail bond system.”

https://www.abqjournal.com/2567402/chief-justice-tells-lawmakers-to-balance-public-safety-with-rights-of-the-accused.html

DISTRICT ATTORNEYS OBJECT TO BAIL BOND REFORM

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

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

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

REBUTTABLE PRESUMPTION AGAIN INTRODUCED

Governor Michelle Lujan Grisham made “rebuttable presumption against release” a part of her anti-crime legislation that she placed on the 2022 legislative 30-day short session.  She supported  “rebuttable presumption against release” in crimes including first degree and second-degree murder, voluntary manslaughter, and sexual exploitation of children. Governor Lujan Grisham has again made passage of “rebuttable presumption legislation a priority in the 2023 legislative session with legislation already introduced.

LFC REPORT DISCREDITS REBUTABLE PRESUMPTION

It was last year on January 20, 2022 the powerful Legislative Finance Committee released a 14-page memo analysis of the proposed “rebuttable presumption of violence” legislation for  pretrial detention. The report was also a status update on crime in Bernalillo County, law enforcement and bail reform.

LFC analysts found that low arrest, prosecution and conviction rates have more to do with rising violent crime rates than releasing defendants who are awaiting trial. The LFC report called into serious question if violent crime will be brought down by using a violent criminal charge to determine whether to keep someone accused of a crime in jail pending trial.

According to the LFC report, rebuttable presumption is “a values-based approach, not an evidence-based one.” The LFC report said  that while crime rates have increased, arrests and convictions have not. It goes on to say the promise of “swift and certain” justice has a more significant impact on crime rates that rebuttable presumption does not.

The LFC memo states in pertinent part:

“Research shows the certainty of being caught is a more powerful deterrent to crime than severity of punishment. … For the criminal justice system, this means it is important to prioritize solving crimes and securing convictions, particularly for serious offenses… Neither arrests nor convictions have tracked fluctuations in felony crimes, and in 2020 when felonies began to rise, accountability for those crimes fell.

…
“Albuquerque’s violent crime rate rose by 85% from 2012 to 2017 and has since remained stuck at a persistently high level. … Over the same time period, arrests for violent offenses rose by only 20%, resulting in a widening accountability gap for the most serious offenses. Closing this gap should be the key legal goal for APD and the 2nd Judicial District Attorney’s Office.”

The LFC memo states that the percentage of cases that ended with a conviction in 2011 was 80% compared to 59% in 2020. The LFC memo did say the conviction rate deduction could be partly explained by the implementation of case deadlines or bail reform, which resulted in fewer plea deals since people were not being held in jail and had less incentive to enter a plea in a case. According to the report:

“Low conviction rates compromise the certainty of justice and suggest law enforcement agencies and prosecutors need collaborative strategies to improve communication and to build better cases and bring them to swift resolution.

In 2022, a substitute crime bill was enacted and signed into law by the Governor. The crime bill as enacted expands surveillance of criminal defendants as they await trial with 24-hour monitoring of ankle-bracelet tracking devices. It mandates the courts to provide greater supervision of defendants by requiring courts to share ankle monitoring data with law enforcement agencies upon request. It requires the courts to turn over GPS monitoring data to police and prosecutors during a criminal investigation to allow better tracking of pretrial defendants on electronic monitoring in an effort to prevent a charge defendant awaiting trial from committing another crime. The goal of the GPS monitoring is keep close tabs on a charged defendant to prevent them from committing another crime.

https://www.abqjournal.com/2471031/tax-cuts-crime-package-sent-to-governor.html

The 2023 Rebuttable Presumption Bill has been referred to the Senate Health Committee, the Senate Finance Committee and the Senate Judiciary Committee. The fact it has been referred to the 3 Senate Committees make it highly unlikely it will pass and that it is on to an early defeat.

ANALYSIS AND COMMENTARY

The criminal justice system is only as good as those responsible to make it work.

MEDINA NEEDS TO KNOCK IT OFF AND DO HIS JOB

When stakeholders such as APD Police Chief Harold Medina  say the criminal justice system is broken, they are refusing to admit they are part of the problem. They are failing to do their jobs in an effective, competent manner endangering public safety.

Our criminal justice system is not broken as Chief Medina wants everyone to believe. Simply put, his allegation is a pathetic diversion from Medina’s own poor job performance.  It is APD Chief Harold Medina that  has been a failure as Chief in performing his own job duties. Medina has done nothing as Chief to curtail the city’s gun violence but shoot off his big mouth about the criminal justice system being broken.

The Albuquerque Police Department reported that in November, gun law violations spiked 85% this year alone. The last two years have also been two very violent years for Albuquerque.  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.

Crime rates in Albuquerque are 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.

It has also been reported that there have been more APD police officer shootings in 2022 than during any other year before.  In 2022, there were  18 APD Police Officer involved shootings,10 of which were fatal.  In 2021 there were 10, four of which were fatal. Chief Medina recently announced only now APD is trying to figure out how to reduce police shooting under the DOJ reforms.

APD Chief Harold Medina needs to knock it off with his ongoing criticism of the court’s, especially his nonsensical, false accusation that it’s the Court’s that are responsible for our high crime rates.

CRIMINAL JUSTICE SYSTEM NOT BROKEN

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

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

The criminal justice system in this country and this state has never been perfect, nor will it ever be, but it is not broken. The criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain ignorance or political opportunism at its worst. The criminal justice system at all levels is only as good as those who are responsible to make it work and succeed. It is way too easy to declare the system “broken” when problems identified within the criminal justice system would go away if the stakeholders would just do their own jobs and concentrate on doing their jobs in a competent manner.

The Public Safety Assessment tool and the Arnold Metric the courts use to apply it should never be a replacement for sound judicial discretion. The PSA reports should not be a “crutch” used by Judges who simply want to use it to avoid making controversial decisions. The PSA reports cannot provide a 100% accurate report as to whether a defendant poses a safety or flight risk, that is why it is not mandatory and allows for judicial discretion. Judges need to rely upon their common sense, their own perception of a defendant and use their judicial discretion to keep the public safe and ensure due process of law and justice is also served.

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

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”Links to quoted news sources are here:

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

https://www.kob.com/new-mexico/new-mexico-lawmakers-to-propose-gun-safety-bills/

https://www.kob.com/new-mexico/apd-stats-show-increase-in-shootings-with-police/

https://www.abqjournal.com/2556861/gun-safety-bills-could-spark-debate-at-roundhouse-amid-rise-in-firearm.html

_____________________________

POSTSCRIPT

THE ARNOLD RULE IS PUBLIC SAFETY ASSESSMENT TOOL

The “Arnold Rule  is a matrix tool used by the courts  identifying those factors that are considered in holding an accused pending trial. It is a Public Safety Assessment (PSA) tool. Several studies have shown the Arnold Tool has an impressive success rate and the state’s pretrial detention system is, in general, effective in most cases. It’s the exception and not the rule that has proven problematic for the courts when it comes to public perception.

ROLE OF THE JUDICIARY

It is Judges who are required to make the critical decision after a person is charged with a crime about whether to release the person pending trial. That decision is made at the time of arraignment when an accused is bought before the court, the accused is informed of the charges and constitutional rights and enters a plea of not guilty or guilty. The arraignment usually includes arguments of conditions of release and bail.

Under the American system of justice, there’s a presumption that defendants are innocent until proven guilty. It is Article II, section 13 of the New Mexico Constitution that guarantees that those accused of a crime are entitled to be released from custody while awaiting trial, except in limited circumstances. There is a failure of the pretrial system if low-risk nonviolent defendants who are entitled to be released are nevertheless detained in jail simply because they cannot afford bail.

“Judges place a priority on two considerations when making pretrial release or detention decisions:

1. Whether the defendant will commit a crime, particularly a violent crime, if released, and whether the person will return to court.
2. If a defendant is to be released, judges decide whether to impose certain restrictions on the individuals, such as requiring an electronic monitor to track their location.

It runs counter to our constitution to require non-violent, low-risk offenders to spend long periods of time in jail pending trial. It is also potentially damaging to a defendant. Pretrial detention can cause defendants to lose their jobs or housing, preventing them from caring for their family or paying their bills.”

https://www.nmcourts.gov/court-administration/pretrial-release-and-detention-reform/public-safety-assessment-for-pretrial-release-and-detention/

PUBLIC SAFETY ASSESSMENT TOOL

When money bail is a condition of release, many low-risk defendants are kept in jail because they cannot afford the bail bond. At the same time, high-risk defendants, such as repeat violent offenders who pose an elevated public safety risk, are often released if they can afford bail.

Public safety is a serious concern for judges, who must balance fairness with protecting our communities when making pretrial detention or release decisions. To mitigate the risk to all New Mexico communities and defendants, members of the state’s criminal justice system and the courts implemented the Public Safety Assessment (PSA) tool.

Under the New Mexico Constitution, people charged with a crime have a right to bail, except in limited circumstances. The law provides for the pretrial release of a defendant under the least restrictive conditions necessary to protect community safety and assure the defendant will return to court.

The Arnold Rule Public Safety Assessment tool (PSA) provides a reliable, evidence-based information system to assist judges as they consider whether a defendant should be released to protect the public while awaiting trial. The PSA tool, using information related to a defendant’s age, criminal history, and current charge evaluates the likelihood that a defendant will commit a new crime, commit a new violent crime, or fail to appear for their court hearing if released before trial. With information from the PSA, judges can make informed decisions that are evidenced based and not speculation nor conjecture.

The criminal justice system in order to be effective must focus on protecting the public while safeguarding citizens’ rights. Objective, research-based information about the public safety risks posed by a defendant can ensure fairness in pretrial release decisions while making our justice system more effective and efficient. Local governments can save taxpayer money if judges can better identify defendants who do not need to be jailed before trial because they pose a low threat to public safety.

Judges in the Second Judicial District Court, the Bernalillo County Metropolitan Court and in the district and magistrate courts in San Juan County in the Eleventh Judicial District can use the PSA’s objective data as part of the information they consider in pretrial release decisions made soon after a defendant is arrested and charged with a crime. Court staff prepares an assessment for each criminal defendant, which is provided to judges as well as the prosecutor and defense counsel before that defendant’s initial appearance in court known as “arraignment”.

RECOMMENDATIONS DO NOT SUPERCEDE JUDICIAL AUTHORITY OR DISCRETION

The Arnold Rule PSA measures the likelihood that an individual will commit a new crime, particularly a violent crime, upon release, as well as the likelihood that he or she will appear at a future court hearing. The risk assessment considers nine factors related to a defendant’s age, criminal history and current charge that research has shown accurately predict risk. The tool then generates risk scores for each defendant. This information, along with other pertinent facts from a defendant’s case, is provided to judges to assist in their pretrial decision making. The PSA does not use information that is considered potentially discriminatory, such as a person’s ethnic background, income, level of education, employment status, neighborhood, or any demographic or personal information other than age.

While the Arnold Rule PSA can be a helpful informational tool, it is important to remember that judges always have the final say in every decision. The decision about whether to release or detain a defendant and under what conditions always rests with the judge. Judges have the final say on whether or not to release a charged defendant pending trial. It is not at all mandatory or required that a Judge follow the recommendation made in the PSA report and judges are 100% free to exercise their own discretion. The PSA does not replace a judge’s discretion and does not supersede other information, including any special circumstances pertinent to a case and charges against the defendant.

THE NINE FACTORS IN PUBLIC SAFETY ASSESSMENT OF AN ACCUSED

The PSA is designed to promote public safety and to ensure that the criminal justice system operates in a fair and efficient manner. It uses 9 factors that research has shown are the strongest predictors of whether a defendant will commit a new crime, commit a violent crime, or fail to return to court if released before trial. The factors are:

1. Whether the current offense is violent.
2. Whether the person had a pending charge at the time of the current offense.
3. Whether the person has a prior misdemeanor conviction.
4. Whether the person has a prior felony conviction.
5. Whether the person has prior convictions for violent crimes.
6. The person’s age at the time of arrest.
7. How many times the person failed to appear at a pretrial hearing in the last two years.
8. Whether the person failed to appear at a pretrial hearing more than two years ago.
9. Whether the person has previously been sentenced to incarceration.

RISK SCORES PRODUCED

Using the information gleaned for the 9 factors and applying them to a charged defendant, the“Arnold Rule” PSA produces two risk scores:

First, it predicts the likelihood that an individual will commit a new crime if released pending trial.

Second, it predicts the likelihood that a charged defendant will fail to return for a future court hearing.

The PSA tool also “red flags” defendants that it calculates present an elevated risk of committing a violent crime.

The PSA risk scores fall on a scale of one to six, with higher scores indicating a greater level of risk. This neutral, reliable data can help judges gauge the risk that a defendant poses.

Links to quoted and relied upon source material are here:

https://www.nmcourts.gov/court-administration/pretrial-release-and-detention-reform/public-safety-assessment-for-pretrial-release-and-detention/

https://www.nmcourts.gov/court-administration/pretrial-release-and-detention-reform/public-safety-assessment-for-pretrial-release-and-detention/

https://www.nmcourts.gov/wp-content/uploads/2020/12/Frequently-Asked-Questions-About-the-Public-Safety-Assessment-Updated-2-17-2020.pdf

 

On January 4, 2022, the city announced that it will use the future Gateway Center located at 5400 Gibson SE  for temporary winter “emergency shelter”  beginning on January 10.  The location is the former  Gibson Lovelace Medical Center that was acquired by the city last year and that is being remodeled for the Gateway Homeless Shelter.  The January 10 opening will be the first time the city shelters people who are homeless at the site.

According to city officials, emergency overnight space for 50 people, both men and woman, who are now sleeping on the streets or in unauthorized encampments will be made available. The city said the emergency shelter is needed now as an alternative to the existing West Side Shelter where the unhoused are refusing to go.

Outreach teams will be dispatched to locate and identify unhoused from unsanctioned encampments around the city and offer them an indoor place to stay at the location during the coldest months of the year.  The unhoused will be transported to the site in the late afternoon and bused out each morning.

City Officials with the Family And Community Services Department said that the winter emergency shelter effort is totally separate from the “Gateway Center” which is scheduled to open in April or early Spring.  When the Gateway Center finally opens, it will initially have shelter beds for 50 women with services made available to them.

Elizabeth Holguin, deputy director in the city’s Family and Community Services Department,  said this:

“We wanted more options for people in town. … This is simply to help people survive the cold nights, and that’s it.”  

On January 4, the City Council approved a $1.1 million contract with the nonprofit Heading Home to run the emergency shelter through April 3.  Heading Home has also been contracted to operate the Gateway Center when it is scheduled to open in three months.  Outreach teams will work specifically to bring in people from unsanctioned encampments around the city and give them an indoor place to stay during the coldest months of the year.

https://www.abqjournal.com/2562074/old-lovelace-to-open-as-emergency-shelter-ex-opening-next-week-the.html

GATEWAY CENTER OPENED

On January 10, Mayor Tim Keller accompanied Family and Community Services administrators, NM state Senator Jerry Ortiz y Pino and the Heading Home Executive Director announced the limited opening on an emergency basis of the Gibson Health Center as the new Gateway Center homeless shelter.

The city quickly opened homeless shelter in the old Lovelace Hospital only temporarily for a few months to get emergency shelter to the unhoused during the harshest winter months. The temporary emergency shelter will run only until April. The winter emergency beds is effectively a “pilot project” of the Gateway Center until the facility is ready to open more broadly.

The city also announced a 3million dollar donation to the Gateway Center project from Western Sky Community Care. The company provides health insurance to Medicaid, Medicare and the BeWell New Mexico marketplace. The money is expected to address “cultural care aspects” the city says it will rope into services at the Gateway Center. A deputy director with the city’s Family and Community Services Department, Gilbert Ramirez highlighted the urban Native American population as an in-need focus group within the community.

“We know from data our team has collected, about 40% of the unhoused population identifies as Native American, yet out 20% of them can be documented as actually utilizing shelter services in our city. … We’re doing something wrong if we’re not serving everyone.”

The opening represents the city’s first overnight operations of the new Gateway Center.  The current operation has 60 beds with 35 designated for women and 25 for men in separate buildings at the facility.  According Heading Home Chief Executive Officer Steve Decker, the shelter will be full by the end of this month.  The formal opening of the Bottom of Form

Gateway” Shelter will occur this spring with beds for 50 women. Work will continue on primary elements of the shelter.  Other on-site services that will open include a sobering center and a “medical respite” unit for unhoused people recovering from illness and injury.

Unhoused clients must have referrals from service providers and arrived at the shelter in the late afternoon and get bused out each morning. There are no
walk-ins allowed. The center was opened very quickly with only 2 weeks to hire the 25 people needed to run it.  Gateway Center guests are allowed to stay until 8 a.m. the following day after they’ve checked in. Bathrooms, portable showers, personal storage and food is available to overnight guests at the shelter.

Those seeking housing have to be entered into the local “Homeless Management Information System,” known as HMIS. Referrals are made by  the city’s Albuquerque Community Safety Department (ACS), and partner non-profits like First Nations, HopeWorks, or Heading Home’s Street Connect program.  The city announced Friday the referral process is now open to “all” of its providers

Those overseeing referral processes can choose to send people to the city’s new overnight shelter or other programs. So far, the city says it has seen 60% men and 40% women at the Gateway Center. Guests have to be 18 and older, checking in as early at 4:30 p.m.

Gateway administrator Cristina Parajón said this:

“Our team was nimble and able to convert this space, and it will likely remain open until April, until then, [when] we’re able to shift upstairs to the Gateway program. … There will be many members that may want to shift upstairs, as well.”

“Next week outside it’s going to be 21 degrees at nighttime. … We want to ensure we’re doing our best with every facility … These emergency winter beds are about keeping people alive. … Next week, outside, it’s going to be 21 degrees at night time …  The [referral] waiting time … is about 24 hours. … We try to make that as quick as possible, processing those referrals, we do make sure the bed is ready and the linens are there.”

https://www.abqjournal.com/2564544/albuquerques-new-homeless-shelter-gaining-traction.html

https://www.krqe.com/digital-now/albuquerque-opens-first-phase-of-gateway-center-homeless-

Mayor Tim Keller said the city aims to serve “1,000 people a day” at the center for housing and medical related needs. Roughly 300 people are already use the Gateway Center facility, most accessing co-located medical offices.  According to Keller, by April, Keller the city hopes the Gateway Center will help “at least 500 people a day” at the facility. “That’s in combination from our initial 50 beds that are probably going to open early summer, that includes our emergency shelter which is open now.”

Mayor Keller said the city will be asking for funding for the Gateway Center project during the 2023 legislative session.  The city says it will ask for $20 million from the state to continue building out the second phase of the site.

GATEWAY HOMELESS SHELTER

On January 4, 2022, the city announced that on January 10, the Gateway shelter will open for “emergency shelter” use.   Outreach teams will work specifically to bring in people from unsanctioned encampments around the city and give them an indoor place to stay during the coldest months of the year.    The city said the emergency shelter is needed as an alternative to the existing West Side where the unhoused refuse to go.  On January 4, The City Council approved a $1.1 million contract with the nonprofit Heading Home to run the emergency shelter through April 3, and then to operate elements of the Gateway Center for three months after that.

https://www.abqjournal.com/2562074/old-lovelace-to-open-as-emergency-shelter-ex-opening-next-week-the.html

It was on April 6, 2021, Mayor Tim Keller officially announced the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million.  Keller announced that the massive facility would be transformed into the Gateway Center Homeless Shelter.

Interior demolition and remodeling of the 572,000 square foot building has been going on for a number of months to prepare the facility for a homeless shelter.  The ABQ Gateway Center will likely to open sometime in the Spring of 2023.  Beds for 50 women are planned for the first phase and for the first responder drop-off is to come online early 2023. The city plans to launch other elements of the 24/7 shelter by next summer.  According to the 2022-2023 approved city budget, $1,691,859 has been allocated for various vendors to operate Westside Emergency Shelter Center.

The city is planning to assist an estimated 300 unhoused and connect them to other services intended to help secure permanent housing. The new facility is intended to serve all populations of men, women, and families. Further, the city wants to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility is to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.  The goal is for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

The city estimates 1,500 people could go through the drop-off each year. The “dropoff  for the down and outs” will initially have 4 beds.  It is primarily imagined as a funnel into other services.  While that likely will include other on-site services, city officials say it will also help move people to a range of other destinations, including different local shelters, or even the Bernalillo County-run CARE Campus, which offers detoxification and other programs.

The city’s plan is to continue adding capacity, with ultimate plan to have a total of 250 emergency shelter beds, and 40 beds for medical sobering and 40 beds for medical respite beds for a total of 330 bed capacity.  Counting the other outside providers who lease space inside the building, city officials believe the property’s impact will be significant.

The link to quoted news source material is here:

https://www.abqjournal.com/2529657/abq-gateway-center-likely-to-open-some-time-this-winter-ex-mayor-say.html

 COMMENTARY AND ANALSIS

The city efforts to open up the Gateway Center for temporary winter “emergency shelter” is absolutely necessary and commendable. Outreach teams will be dispatched to locate and identify unhoused from unsanctioned encampments around the city and offer them an indoor place to stay at the location during the coldest months of the year.  It will likely save more than a few lives with some of the harshest winter months still ahead.

The one obvious defect of the approach is that the unhoused will be transported to the site in the late afternoon and then bused out the next morning.  It’s an approach that is tantamount to a “catch and release” approach. The onset of Albuquerque’s harsh winter months no doubt will be a major incentive for the chronically homeless, defined as those that have lived on the street for six month or more who suffer from mental illness, to use both the Gateway Way Shelter as well as the city’s Westside Shelter.

In fiscal year 2021 the city spent $35,145,851 and in 2022   $59,498,915 on unhoused services and programs including 2 shelters and subsidized housing. During the city’s Winter months, the city’s outreach is very  successful as is evidenced by how quickly the Gateway Center is filling up.

However, Spring and Summer is likely when the unhoused will want return to the streets.  When the unhoused refuse assistance, the city can do nothing.   Unhoused cannot be forced to take their medications or seek drug treatment.  The city’s outreach and service efforts need to be ongoing to convince the unhoused who take advantage of the temporary  winter shelter that there are indeed better options than living on the streets.

The City needs to offer the Gateway for more than an overnight, “catch and release” overnight  stay program  and do it best to convince  unhoused who use it now to also take advantage of the other services available.

 

On Tuesday, January 17, the New Mexico Legislature kick off its 60 day legislative session. As is the custom, Governor Michelle Lujan Grisham gave the traditional State of the State address outlining her priorities for the session. It was her first in-person State of the State address in 3 years because of the Covid 19 pandemic. During her address, she  challenged lawmakers to forcefully address crime in new ways, reshape the tax code and offer child care to every New Mexico family.

With state revenue to reach a record high of $3.6 Billion or more in surplus revenue, she called for the creation of a new health care agency to move New Mexico closer to “universal health care,” and authorization of new funds for environmental protection and housing.  The Governors  speech also  touched on the topics of the environment and the homelessness

MAJOR INITIATIVES OUTLINED

Among the proposals outlined in the governor’s speech were as follows:

“• $750 tax rebates for every taxpayer, middle-income tax cuts and changes to the tax code to address “pyramiding,” the way gross receipts taxes build on each other when assessed on each step of a longer transaction. Lujan Grisham said she would seek $1 billion in economic relief overall “to help more New Mexicans afford the things they need right now.”

• $10 million for a reproductive health care center in southern New Mexico and the codification of abortion rights in state law. Lujan Grisham campaigned heavily on preserving widespread access to abortion as a foundation of women’s rights and democracy, in the aftermath of the U.S. Supreme Court’s decision last year that overturned Roe v. Wade and left legalization up to the states. Leading Democratic legislators hope to send her a bill that would prohibit restrictions on abortion by local governments and shield patients and abortion doctors from harassment by out-of-state interests.
•  Creation of a New Mexico Health Care Authority to consolidate services in one agency and move the state closer to universal health care. She also called for transparency in drug pricing.
• Providing child care and early childhood education to every family.
• New funds for environmental protection, rural health care and housing initiatives. She proposed $100 million, for example, to help communities affected by the largest wildfire in recorded state history. Environmentalists are renewing efforts to enshrine rights to clean air and water into the state Constitution, while Democratic state Rep. Patricia Lundstrom of Gallup is courting investments in hydrogen-fuel production as a transition away from the burning of fossil fuels in transportation and industry.
• Picking up the full health care premiums of teachers and school employees, and giving them a 4% raise. She also expressed support for extending learning time for students to help boost academic achievement. The governor and leading legislators are proposing a pay raise for state workers and public school educators of at least 4%. Taxpayers would pay for educators’ individual health care premiums under a proposal from the governor.
• New protections against eviction for renters, funding for mobile homelessness response teams and down payment assistance for homebuyers.
• Any number of new gun-control measures, including a ban on the sale of assault weapons, closing a loophole that she said allowed “straw purchases” of guns and penalties for people who don’t store firearms safely away from children. Surging gun violence in Albuquerque and concerns about mass shootings nationwide have spawned proposals for enhanced criminal sentencing and new gun control measures. New bills would ban large-capacity ammunition magazines and apply felony sanctions to ensure guns can’t be accessed by children. Democratic Senate Majority Leader Peter Wirth of Santa Fe has said he will sponsor a bill that bans firearms at all polling locations in response to the fears and frustrations of election workers.

The governor also proposed allowing “victims of gun violence to bring civil suits against firearm manufacturers.”

The links to the quoted news source is here:

https://www.abqjournal.com/2565319/new-mexico-lawmakers-launch-60-day-session-in-busy-capitol.html

https://www.koat.com/article/new-mexico-nm-state-of-the-state-governor-legislature-2023/42535617

PRICE TAG OF SPECIFIC BUDGET PRIORITIES

It was on January 10 the Governor released her proposed 2023-2024 fiscal year budget to the New Mexico Legislature totaling $9.4B in recurring spending, an 11.9% increase from the last fiscal year. The executive recommendation will maintain reserves at 34.9%, among the highest in state history, while increasing investments in priority areas like housing and homelessness, health care and behavioral health, education and child well-being, public safety, and economic development and tax rebates.  The Governors proposed 2023 state budget plan will use the historic state revenue windfall to increase yearly spending by upwards of  $1 billion.  If enacted as outlined, the Governor’s proposed budget would represent a nearly 12% increase in spending compared to the 2022 fiscal year that ends on June 30, 2023.

The “price tag” highlights from the Governor’s proposed budget recommendation include the following:

HOUSING AND HOMELESSNESS

• $25 Million for rental assistance and eviction prevention
• $13 Millionto incentivize development and zoning updates
• $10 Million the state’s Home Ownership Down Payment Assistance Program
• $6 Million for a new comprehensive landlord support program to work directly with landlords to encourage them to use housing vouchers
• $4 Million for “Mobile Homelessness Response Teams” at the Department of Health that would deploy to homeless encampment’s to connect individuals quickly and directly with support services

 HEALTH CARE & BEHAVIORAL HEALTH

• $200 Million to establish the Rural Health Care Delivery Fund to expand health care services and build new hospitals in rural New Mexico.
• $28 Million for the Health Professional Loan Repayment Program
• $10 Million for the New Mexicare senior caregiver support program
• $10 Million for a full-spectrum reproductive health clinic in southern New Mexico.
• $5 Million for additional support for alcohol abuse prevention and treatment
• $32.5 Million for graduate medical education programs across the state
• $7.7 Million for nursing programs at New Mexico’s higher education institutions
• $5.8 Million to maintain existing school-based health centers and expand access to more than 25,000 students

EDUCATION AND CHILD WELLBEING

• $220.1 Million for extended in-classroom learning time by increasing the number of minimum instructional hours per year in public schools
• $30 Million to provide healthy universal school meals and to eliminate school meal costs for every New Mexico child
• $2.9 Million to the Children, Youth and Families Department for 60 new protective services staff, to be supported by additional federal matching funds
• $277.3 Million for continued investments in affordable, high-quality child care
• $131 Million to maintain and expand access to high-quality pre-k education
• $40.4 Million for the continued expansion of early childhood home visiting
• $111.1 Million to provide a four percent salary increase for all school personnel
• $100 Million for health care premium costs for public school personnel
• $157.4 Million for the Opportunity Scholarships

PUBLIC SAFETY

• $100 Million continued law enforcement recruitment funding. In 2022, lawmakers approved $50 million for the fund and the money has already been dispersed in two rounds of funding. The city of Albuquerque has use the money it was given to give $18,000 in longevity pay to police officers with 18 more years of experience, not for recruitment.
• $4 Million for Law Enforcement Survivors Benefits
• $4 Million for Firefighter Survivors Benefits
• $2.2 Million to create two hotshot forest fire crews that could be dispatched to fight to fight wildfires within and without state borders

Economic Development & Infrastructure

• $1 Billion in economic relief through tax rebates
• $128 Millionimproving  water infrastructure improvements in part by improving river flows into Elephant Butte Reservoir
• $146 Million for continued statewide broadband expansion
• $35 Million for Local Economic Development Act funding
• $75 Million for the Land of Enchantment Legacy Fund

 Links to quoted news source material are here:

https://www.governor.state.nm.us/2023/01/10/gov-lujan-grisham-releases-fy24-executive-budget-recommendation/

https://www.abqjournal.com/2563462/governor-calls-for-rebates-tax-cuts-and-increased-school-spending-in-budget-plan.html

https://www.krqe.com/news/politics-government/ahead-of-2023-legislative-session-new-mexico-governor-releases-budget-suggestion/

LEGISALTIVE AGENDA

The Governors legislative agenda has also been reported as follows:

HEALTH CARE & BEHAVIORAL HEALTH

• Expanding and improving rural health care delivery: Establishing the Rural Health Care Delivery Fund, created with a $200 million investment, to provide support for rural health care delivery in parts of New Mexico often underserved by available health care options by providing funds for the establishment of new or expanded services.
• Protecting abortion access for New Mexicans: Codifying abortion rights protections in state statute to ensure access to reproductive health services is safeguarded.
• Expanding access to reproductive health services: Investing $10 million in capital outlay funding for a full-spectrum reproductive health clinic in southern New Mexico.
• Improving access to affordable, high-quality health care: Creating the New Mexico Health Care Authority, a comprehensive entity that will expand access to affordable health care and streamline the government’s efforts to support families and their health care needs while more effectively holding insurers accountable.
• Providing transparency for prescription drug pricing: Requiring licensed drug wholesalers to disclose prices and require Pharmacy Benefit Managers to disclose any increases of more than 40% over a five-year period, or more than 10% in the prior year, as well as the reasons for the increase.

EDUCATION & CHILD WELL-BEING

• Extending in-classroom learning time: Requiring and providing the resources needed for increased educational hours during the school year.
• Supporting special education: Providing extended learning time for students with disabilities, ensuring special education services are data-driven and effective, and increasing supports for special education educators.
• Ensuring teachers keep more of their salaries in their pockets: Covering the individual cost share for health care premium costs for school personnel, a first-of-its-kind initiative for New Mexico.
• Kids Kitchens – Establishing healthy universal free meals for students: Eliminating school meal costs for every New Mexico child. An additional $20 million capital outlay investment will fund school kitchen infrastructure improvements to enable schools to provide healthy and fresh foods for students.
• Attendance interventions: Requiring data-informed school attendance interventions aligned with student needs and expanding drop-out prevention and recovery efforts.
• Specialized Trust Funds: Lawmakers are hope to sock away billions of dollars into specialized trust funds, and use future investment earnings to underwrite programs ranging from smoking-cessation to highway construction and medical school teaching. It’s an investment strategy that has helped sustain public schools in New Mexico for generations through a $26 billion trust, partially sustained by income from oil- and gas-production leases on state trust land.

PUBLIC SAFETY

• Keeping repeat violent offenders off New Mexico streets: Establishing a “rebuttable presumption” to ensure that those accused of murder, gun crimes, rape or other sex crimes do not pose a danger to the community before being released pending trial.
• Addressing the scourge of gun violence: Keeping New Mexico families, communities and businesses safer through a robust tranche of gun legislation, including a ban on the sale of assault weapons, an end to the state loophole on straw purchases of guns, safe storage reforms, and a law allowing victims of gun violence to bring civil suits against firearm manufacturers.
• Tackling organized retail crime: Targeting offenders who fund organized crime through retail theft by creating the crime of organized retail crime in state statute, amending statutory language on robbery and shoplifting to encompass aggregated crimes of theft, and better enabling prosecution of commercial theft.
• Getting more police officers on the streets: Investing an additional $100 million in the Law Enforcement Recruitment Fund to continue supporting the hiring of law enforcement officers to forces across the state.
• Establishing parity in survivors benefits for first responders: Establishing a state fund for survivors benefits for the families of firefighters killed in the line of duty.
• Supporting public safety and government staffing: Amending PERA regulations to 1) allow for PERA retirees to return to work for no more than three additional years after having been retired for a minimum of one year and 2) raise the pension salary maximum to 100% in order to retain qualified personnel.
• Preventing wildfires:  Lujan Grisham hopes to fund the first New Mexico-based corps of elite smokejumper firefighters to ensure a rapid response to future fires. State legislators want to make the state more resilient to climate-related disasters by speeding up the delivery of federal disaster aid and allow small water districts to band together as they rebuild from wildfires.  Providing the executive with the authority to ban the sale and use of fireworks during drought emergencies.
• The Environment: Environmentalists are renewing efforts to enshrine rights to clean air and water into the state Constitution, while Democratic state Rep. Patricia Lundstrom of Gallup is courting investments in hydrogen-fuel production as a transition away from the burning of fossil fuels in transportation and industry.

ECONOMIC DEVELOPMENT & TAX REFORM

• Putting more money in New Mexicans’ pockets: Delivering economic relief through one-time rebates of $750 to each individual taxpayer or $1,500 to couples filing jointly.
• Reforming the state tax code: Supporting New Mexico working families and businesses by enacting tax policy reform, including reducing the gross receipts tax rate by an additional quarter of a percent, implementing anti-pyramiding for professional services in the gross receipts tax rate, and delivering personal income tax progression for middle-class New Mexicans.
• Continuing to support New Mexico’s booming film industry: Updating the New Mexico Film Tax Credit to further incentivize the hiring of more New Mexico residents, promote New Mexico’s diverse locations and cultures, expand productions to additional rural communities, and sustain robust investments in workforce development and job training.
• Protecting and preserving lands for generations to come: Establishing the Land of Enchantment Legacy Fund to create sustained funding for state programs that protect and preserve our environment. Programs that will be supported over the next three to five years through this funding include the River Stewardship Program, Healthy Soils Program and Outdoor Equity Fund.
• Minimun Wage: Democratic legislators want to provide automatic future increases to the statewide $12-per-hour minimum wage.

The links to the quoted news sources are here:

https://www.kob.com/new-mexico/gov-michelle-lujan-grisham-to-deliver-state-of-the-state-address-announces-legislative-agenda/

https://www.koat.com/article/new-mexico-nm-state-of-the-state-governor-legislature-2023/42535617

TYPICAL REPUBLICAN RESPONSE

Not at all surprising Republican lawmakers were highly critical of the Governors speech and as expected whined and complained and said that the governor ignored the states problems and simply offered more government spending.

Senate Minority Leader Greg Baca, R-Belen, said the Governor “glossed over” the serious challenges facing the state including crime, a shortage of doctors and an unfriendly business environment. Baca said the governor promoted renewable energy  but failed to acknowledge the importance of oil and gas production.  He called the governor’s administration “out of touch.”

Baca in particular was critical of the Governor’s ideas on gun control and said gun-control regulations aren’t the solution when the state is failing to keep firearms out of the hands of felons. Baca said this:

“Let’s enforce what we have. … We need a criminal justice system that people don’t look to and laugh at”.

Republican House Minority Leader Ryan Lane, R-Aztec, offered a similar assessment of the governor’s speech and said this:

“Most New Mexicans do not live in the utopia that Lujan Grisham described and Republicans are committed to working to provide meaningful relief and support to New Mexicans.”

COMMENTARY AND ANALYSIS

While hundreds of bills dealing with crime, the economy, public schools and more will be filed during the session, the state’s revenue bonanza will be at the forefront of many Roundhouse debates.  During the 2023 legislative session, there is little doubt that debate will be hot and heavy on how to spend the historic surpluses.

There is indeed a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and major  bridge repair across some of the most rural parts of the state with an estimated cost of $500 million, funding for wastewater projects, dams and acequia projects, the courts, law enforcement and the criminal justice system, funding for our behavioral health care system, job creation endeavors,  economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits are all likely topics of discussion during the upcoming 2023 legislative session. All merit serious consideration and funding with the historic surplus.

Not at all surprising, some lawmakers have called for spending restraint despite the revenue windfall, saying a drop in oil prices and a possible global recession could mean a big drop in state revenue collections within the next several years. Senator Stuart Ingle, R-Portales, the state’s longest-serving legislator, had this to say:

“I think we better be real, real careful. … We just need to make sure we don’t overspend so much that down the road we have to find ways to fund or cut.”

What is also not at all surprising are fiscal conservatives, especially Republicans, calling for tax cuts and rebates.  Whenever surpluses in state revenues occur, such as this year especially, Republicans always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to go.

The Republican tired and old political dogma has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It appears the Governor has bought into the argument. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety.  If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.

MAJOR CAPITAL OUTLAY PROJECTS SHOULD BE IN THE MIX

The reality is that most if not all of the major priorities being identified by the Governor in her State of the State address will require reoccurring funding and revenues from taxation. What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the general public and that improve the overall quality of life. Roads and water projects are such priorities, but are not exclusive.

It is very disappointing is that Governor Michelle  Lujan Grisham totally ignored advocating for major capital outlay projects in her State of the State address  that could be transformative for the state and that improve the overall quality of life. Roads and water projects are such priorities, but are not exclusive.  Most if not all of the major priorities identified in both the Governor’s and the LFC Budget for the 2023 legislative session will require reoccurring funding and revenues from taxation.

Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities, such soccer stadiums, and entertainment venues. Some lawmakers have already come forward with different ideas on how to spend some of the state’s budget surplus, including the building of a high-speed train crisscrossing New Mexico from north to south.

The Governor and the legislature should listen and fund such projects while they can. For the last two years, the New Mexico United soccer team has been trying to get taxpayer money to build a soccer stadium. In 2020, the soccer team was able to secure $4 million in state funds.  In 2021, Albuquerque taxpayers were asked to support a bond to pay for the stadium, but it was rejected. With a $3.8 in surplus revenue, the legislature should consider fully funding the facility which will be about $16 million.

Other major capital outlay facilities  and projects  that has been discussed for decades is improving the New Mexico State Fair and all of its aging facilities.  In particular, demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility with the capacity of upwards of 20,000  has been a dream of many a Governor, State Fair Commission and Fair Managers.

On February 25, 2019 it was reported that there is a need for such a facility and EXPO New Mexico was in  the final stages of conducting a feasibility study on the construction of a new arena on the state fairgrounds.  Tingley Coliseum has been around since 1957 with capacity for 11,000. Over the years it’s been remodeled and upgraded but it is still a state fair rodeo venue. The state and Albuquerque for decades has needed a large capacity, multipurpose entertainment venue of upwards of 20,000.

https://www.krqe.com/news/officials-want-to-build-new-arena-on-state-fairgrounds/

https://www.krqe.com/news/expo-new-mexico-looking-into-new-arena-to-replace-tingley-coliseum/

FINAL COMMENT

During the 2023, 60 day legislative session that began  on January 17 , there will be a consolidation and a consensus budget formulated that lawmakers will then approve for the fiscal year that will start on July 1, 2023 and end June 30, 2024. Indeed, the 2023 legislative session could very well turn out to be a “once in a century opportunity” to really solve many of the state’s problems that have plagued it for so many decades.  It should also be viewed as an opportunity to build facilities that are needed and that will have a lasting impact on the state’s quality of life for decades to come.

On Monday, December 19, 2022, the ACLU and the NM Center on Law & Poverty filed a “Class Action Complaint For Violations of Civil Rights and for Declaratory and Injunctive Relief” against the City of Albuquerque on behalf 8 Plaintiffs alleging they are homeless.  They claim they were displaced from Coronado Park when the city closed it and that the city did not provide satisfactory shelter.  According to the ACLU, the lawsuit was filed to stop the City from destroying encampments of the unhoused, seizing and destroying personal property and jailing and fining people.

 ALLEGATIONS OF UNIHABITABLE WESTSIDE SHELTER

The civil rights lawsuit details a litany of alleged problems with the Westside Emergency Housing Center (WEHC). The plaintiff’s allege that the shelter is “unsafe, unhealthy, and unfit for human habitation”.   It makes the allegation that the west side shelter can “trigger  mental health conditions” the homeless may suffer from, including “post-traumatic stress disorder”.

The specific allegations in the complaint regarding the Westside Shelter are as follows:

Of the available shelter beds, the greatest number is at the Westside Emergency Housing Center (“Westside shelter”), a facility housed in a former temporary jail that the City stopped using in 2003. The City variously represents the Westside shelter as being able to house between 300 and 450 people.

The Westside shelter is unsafe, unhealthy, and unfit for human habitation. The building does not meet the essential fire safety and building codes of applicable local codes and state regulations and law, including state fire safety codes …  and the City’s own building safety codes.

A recent report from the Albuquerque Fire Department indicates that there are no working fire hydrants on the property. … Federal funds have been used to finance the operation of the Westside shelter, but, on information and belief, the City’s assurances to federal authorities regarding the fitness of the facility have not been, and currently are not being, met.

… The shelter is infested with black mold. …  On information and belief, residents have been scalded in the showers at the Westside shelter due to defective mixing valves. At times as few as one shower in the building has been working, such that residents must bathe in mobile showers on trailers out back.

…  The shower doors in the women’s pod cannot be closed, such that women do not have privacy while bathing. …  On information and belief, showers have, at times, not been accessible for people who use wheelchairs. … 

The kitchen is not operable, and the facility cannot pass a health and safety inspection. There is no oven, stove top, or working refrigerator available for use by people residing there. …  No certificate of occupancy has been issued to operate the building as a homeless shelter. The last such certificate was issued in 2006.

There is no washing machine or clothes dryer available for residents to clean and dry their clothing. They must wash their clothes in the bathroom sinks and hang them outdoors on the cyclone fencing. … There are bed bugs and parasites in the bedding, and there is no effective method in use to “sanitize” the sheets, blankets, mattresses, and bedding. … 

No secure storage space is available for people’s belongings. There are lockers in the building, but residents cannot use them. Residents’ personal property lies directly on the floor under the bunk beds on which they sleep. …

Chronically overcrowded, there are not enough beds for everyone, so people sleep on plastic “boats” on the floor. On information and belief, a complaint was filed with the City Inspector General in March 2022 due to problems with staff misbehavior, including allegations of extortion. 

The Westside shelter is in a location that is on the outskirts of the City and is far from services, jobs, and support systems such as family and friends. People who sleep there are separated from case managers, social workers, treatment providers and employment support and 10 other social service programs, and often cannot obtain timely transportation to appointments in town that could help them obtain employment, housing and other supportive services.

…

Many residents have mental illness and behavioral health disabilities, but, on information and belief, mental health therapy is not provided there. …  On information and belief, many unhoused people are banned from the shelter on a permanent basis; sometimes for possession or use of drugs, which are common causes for being banned. … 

 Couples who are partnered or married cannot stay together if one member of the couple is a man and the other is a woman, since men and women must stay in separate parts of the shelter, causing these people to lose one of their primary forms of social and emotional support.

This separation is particularly difficult for people who have disabilities and rely on their partner for help.  People living with minor children are not permitted to stay at the shelter.  Women and people whose gender presentation is nontraditional or nonbinary are often harassed at the shelter.

Paragraphs 35 to 62,  “Class Action Complaint For Violations of Civil Rights and for Declaratory and Injunctive Relief”.

The link to review the full unedited complaint is here:

https://www.aclu-nm.org/sites/default/files/field_documents/final_complaint_class_action.pdf

INSPECTOR GENERAL REPORT ON WESTSIDE HOMELESS SHELTER

The Office of Inspector General (OIG) priorities are the prevention, deterrence, detection and investigation of fraud, abuse, mismanagement and waste in the City of Albuquerque’s programs and operations.  The City Inspector General is an independent city agency and is not under the management nor control of the Mayor nor the Albuquerque City Council.

The mission of the Office of Inspector General is to serve as an independent and objective inspection and investigative body to promote effectiveness, efficiency, transparency and integrity, to prevent and detect fraud, abuse, mismanagement, and waste in in the City of Albuquerque’s programs and operations.

https://www.cabq.gov/inspectorgeneral/inspector-general-about

ALLEGATIONS MADE IN ANONYMOUS TIP

On September 28, 2022, the Office of Inspector General received an anonymous tip hotline complaint alleging the Westside Emergency Housing Center would not pass a fire inspection or a health inspection. The complaint alleged there are inoperable showers, there is an infestation of bed bugs, there are no clean sheets for the residents, there is no operational kitchen and the facility is not Americans with Disability Act (ADA) compliant.

EDITOR’S NOTE: A confidential source has come forward and confirmed  the source of the anonymous tip was a private individual critical of the  facility who participated in  a group tour of the facility.

The OIG determined that the allegations contained violations of City Ordinances and regulations. The OIG determined that it was appropriate for the OIG to conduct a fact-finding investigation. The purpose of the investigation was to determine if there were violations of city contracts or the City fire codes, electrical codes and plumbing codes that rendered the shelter uninhabitable.

As a result of the investigation, the OIG was able to only partially substantiate the allegation that the Westside Emergency Housing Center would not pass a fire inspection or a health inspection.  The OIG made recommendations for improvement of the facility without the city being force to close it.

On January 11, the City of Albquerquerqu Office of Inspector General (OIG) released its final report entitled with the subject matter “Poor conditions at Westside Emergency Shelter.” 

This blog article is an in-depth analysis of the OIC report and how it discredits many of  the allegation made in Class Action Complaint For Violations of Civil Rights.

BACKGROUND

The OIG report contains the following edited provisions:

“The City of Albuquerque records show the Westside Emergency Housing Center (WEHC) building was deeded to the City from Bernalillo County. Before the facility was deeded to the City in 2003, Bernalillo County built and operated the facility as a correctional facility. On  July 11, 2022 the City entered into a contract with the a private service  contractor to manage and operate the facility  for the period July 1, 2022, through June 30, 2023. The goals of the contract are to ensure that people of all ages have the opportunity to participate in the community and economy and are well-sheltered, safe, healthy, and educated.

The private contract is designed to increase housing stability by providing emergency overnight shelter to adult men and women and their children. In August 2022, a group of citizens toured the WEHC, noting their concerns.

On August 31, the OIG received a complaint regarding poor conditions at the WEHC alleging that the facility would not pass a fire or health inspection due to broken showers and infestation of bed bugs, a lack of clean bedding, no operational kitchen, and non-compliance with the Americans with Disabilities Act (ADA).”

ALL INCLUSIVE ALLEGATION INVESTIGATED

The OIG investigated one major, all-inclusive, allegation relating to Westside Emergency Housing Center. That allegation states:

The Westside Emergency Housing Center (WEHC)  would not pass a fire inspection or a health inspection. There are inoperable showers, there is an infestation of bed bugs, there are no clean sheets for the residents, there is no operational kitchen and the facility is not ADA Compliant.

In preparation of the its final report, the IGO reviewed the private contracts entered into by the city with management and service providers, all applicable city fire codes, fire inspection reports, environmental health inspection reports, and city code enforcement inspection reports for the WEHC.

OIG ANALYSIS AND FINDINGS

The OIG reviewed the private contract for the services to be provided for the shelter. The service contract provides that the contractor shall “perform … services in a manner satisfactory to the City and consistent with any standards required as a condition of [payment by the city] … and … to provide emergency overnight shelter for adult men, women and families with children.”

LAUNDRY SERVICES PROVIDED

The service contract specifically provides  “the contractor shall provide laundry services for all of the bedding, towels, etc. used by the shelter residents.”  The contract provides the contractor “shall provide regular cleaning and maintain the sanitation of resident pods, common areas, medical pods, hallways, and bathrooms to meet cleaning standards, including Center for Disease Control and NM Department of Health standards to prevent the spread of COVID-19.”

On September 22, 2022, the OIG spoke with a representative of the service contractor.  The discussion revealed that weekly laundry services are provided for bedding and towels.  The contractor’s representative stated that there have been isolated instances when residents refuse laundry service because the residents desire to keep the same bedding.

UNANNOUNCED VISIT

On September 30, 2022, the OIG made an unannounced visit to the, WEHC, toured the facilities, spoke to residents, and inspected pod logs for July, August, and September 2022. The pod logs document the events occurring during each shift.  Towels and bedding are picked up every Wednesday by the laundry service, and the prior week’s laundry is returned.

The OIG noted that in many of the pod logs for Wednesdays, there was documentation that laundry services were provided, however, the OIG did find that the documentation could be more consistent. The OIG recommended that the pod log form be revised to better ensure that each recurring event is documented.

Where the residents [have] concerns about handing over their bedding and towels, the OIG recommended that the service contractor might consider scheduling a specific day and time for an outing to a laundromat where the residents can launder their bedding, towels, and any other clothing.

RODENT INVESTATION HANDLED BY PEST CONTROL

The OIG confirmed that mice and bed bugs were an issue at the WEHC but also that the City provides pest control services monthly. The management service provider representative stated that a different pod is sprayed and treated each day of the week of service.  The OIG was able to verify that the City has a contract for pest control services at the WEHC and that those services are being performed monthly.

SHOWERS AND TOILETS FOUND IN WORING ORDER

During the OIG walkthrough, the OIG noted that all showers and toilets in the resident pods were in working order. The OIG did observe that the room utilized as storage does not have operable toilets and showers. Additionally, the space being renovated into a recreation room for the residents does not have operable showers.

The recreation space is a common area used by both male and female residents so the showers are not necessary and would not be utilized. The OIG noted that the kitchen area of the WEHC is used as storage for dry goods.

MEALS PROVIDED BY SERVICE CONTRATORS WITH KITCHEN FACILITIES NOT REQUIRED

“The WEHC does have an operable refrigeration and freezer unit. The kitchen does not have operable ovens. The WEHC has a warming unit for meals brought in by the contractors. The contract does not require the service contractor to have a kitchen or to operate a kitchen.”  (Commentator’s Note:  Ostensibly, the reason why the kitchen does not have operatable ovens is that  private service contractors provide meals prepared off sight.)

MEDICAL CARE AND ATTENTION

The contract requires the management service contractor  to assist with the coordination of medical and supportive services provided by other organizations and volunteers at the shelter facility. This includes meals that are provided or served at the WEHC facility. The OIG observed the intake process at the WEHC, noting that residents were screened before entry.

COVID TESTING

The OIG found that COVID testing was conducted on individuals who were new to the WEHC or who indicated symptoms or stated they have COVID. C1’s representative stated that the residents are routinely tested for COVID-19.  The WEHC has two separate COVID units, one for males and the other for females. COVID-positive residents are housed in these pods.

RESIDENTS FEEL SAFE

The OIG heard from residents who stated that although there are things they feel could be improved upon, they feel safe at the WEHC.  Residents  are permitted to keep their belongings in their assigned space but must adhere to the requirements for maintaining a clean and organized space.

FIRE MARSHALS INSPECTION

City of Albuquerque Fire Code  provides the Albuquerque Fire Department Fire Marshal’s Office shall inspect for fire and life safety violations  all commercial buildings and multi-family dwellings within the city’s jurisdiction. Fire inspections of buildings and premises can be divided into new construction and existing buildings.

The OIG made a request to the Fire Marshal for the most recent fire inspection conducted at the WEHC. The OIG was provided a Fire Inspection report dated June 13, 2022, and a subsequent reinspection, dated September 9, 2022.

The June 13, 2022 life safety inspection report identified eleven (11) violations and a follow-up reinspection occurred on September 12, 2022. The following email was received by the OIG, regarding the re-inspection.

“Per your request, below is an update from the re-inspection that occurred on 9/9 at 7440 Jim McDowell Rd: Update on Westside Homeless Shelter. Inspector LaCour went out to shelter and so far they have repaired the Illumination of exit signs violation … , emergency lighting violation … , smoking violation … , combustible material in storage room violation.

Sprinkler system and fire alarm system were tested by Alysworth but none of the paperwork has been submitted. Stated they will be submitted by end of day today. Fire evacuation plan, fire safety plan, signage throughout and hydrant testing has not been completed.

Inspector LaCour explained to the Director that FMO could assist with fire drills (evacuation plan) Eric Gonzales stated he does have the CO and an occupant load that he will submit ASAP for inspector LaCour to print out Occupant Load signs for posting.”

On August 17, 2022,  an inspection was conducted and that all city code violations had been resolved except the one dealing with the inspection and testing of Fire hydrants.   A conversation with by OIG with  FCS maintenance revealed that the fire hydrant uses non-potable water and that there are very few vendors who conduct this service.

ENVIRONMENTAL HEALTH DEPARTMENT INSPECTION IDENTIFIES INFESTATIONS WITH  PEST CONTROL MEASURES INITIATED

“The OIG requested the Environmental Health Department to provide an inspection report for the WEHC. The OIG was provided a report from the Environmental Health Department dated  October 5, 2022. The October 5, 2022 inspection report identified observed conditions and recommendations for Food Safety in the Kitchen and Dormitories.  The report  observed signs of rodent, fly and bed bug infestation. It was noted that the WEHC has on-contract pest control that is currently providing treatments for pests. It was recommended that the pest control company be consulted to develop additional plans for control. The report was intended to assist with the resolution of identified issues.”

PLANNING DEPARTMENT INSPECTION

The OIG requested the Planning Department to provide an inspection report for the WEHC. The following summary was provided to the OIG on October 20, 2022.

“On October 4, 2022, Chief Building Inspector … , Chief Mechanical/Plumbing Inspector, and Division Manager …  conducted a site visit to the Westside Emergency Housing Center located at 7440 Jim McDowell NW. We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access.  [The Maintenance Supervisor]  stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.

The 3 inspectors found that the facility still have problems with backups due to drug paraphernalia being flushed down the toilets. We toured the kitchen facility which is currently being used as a storage area. They are working on plans to submit for a kitchen remodel to include upgrading the refrigeration, hot serving area, and prep space.  There were a few of the egress doors that were very hard to open [but]  service tickets in for repairs have been issued.

On October 4, 2022, Chief Building Inspector … , Chief Mechanical/Plumbing Inspector, and Division Manager …  conducted a site visit to the Westside Emergency Housing Center located at 7440 Jim McDowell NW. We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access.  [The  Maintenance Supervisor]  stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.

WESTSIDE SHELTER IS “SAFE HARBOR” NOT REQUIRED TO BE ADA COMPLIANT

The OIG noted “the  cleanliness of this facility could use much improvement and it is well worn beyond its time. The OIG did note that the building is old and did not appear to have been renovated or altered.

The OIG found the facilities were not complainant with all 2010 ADA requirements. OIG researched ADA requirements in the 2010 ADA regulations, a “safe harbor” provision was created for businesses and state and local governments. A “safe harbor” means that you do not have to make modifications to elements in a building that comply with the 1991 ADA Standards even if the 2010 ADA standards have different requirements.

“Safe harbor” does not apply to elements that were NOT addressed in the original 1991 ADA Standards but ARE addressed in the 2010 ADA Standards. Additionally, alterations after 2010, to elements that were compliant with the 1991 ADA Standards would be required to comply with the 2010 ADA standards.

FIRE CODE VIOLATIONS CORRECTED

The OIG was able to partially substantiate the allegation that the WEHC would not pass a fire inspection at the time of the complaint. As indicated in a fire inspection report, dated June 13, 2022, the WEHC incurred multiple fire code violations. The Fire Marshal’s Office conducted a reinspection on September 9, 2022, and an email was submitted to the OIG.  It stated that the violations had been corrected with the exception of one relating to the inspection and testing of Fire Hydrants.

ENVIRONMENTAL HEALTH CONCERNS

The OIG was able to substantiate that there are some environmental health concerns at the WEHC. The report is intended to assist with the resolution of identified issues and not to be punitive. The protocols employed are the same afforded all entities.

The OIG was not able to substantiate the allegation that there are no clean sheets for the residents.

INOPERABLE AND OPERABLE SHOWERS

The OIG was able to partially substantiate the allegation that some showers at the WEHC are not operable. Showers in the resident’s pods are operable. The inoperable showers are in areas not used for housing residents.

The OIG was not able to substantiate a contract violation related to the WEHC’s kitchen being inoperable. The OIG was not able to substantiate an ADA violation. The OIG’s investigation revealed that the facility was built well before the 1991 and 2010 ADA requirements were enacted and absent alterations to the building, the building is not subject to current certain ADA regulations.

FINAL RECOMMENDATION MADE

The OIG made sweeping recommendations regarding the continued operation of the westside shelter.

“The OIG recommends that the FCS department continue to work with the contractor to locate a vendor who can conduct the inspection and testing of the fire hydrants that use non-potable water.

Additionally, the OIG recommends that a copy of the inspection reports be provided to both the contractor and FCS maintenance.

The contractor is responsible for remediating the issues and should make every effort to correct any deficiencies.

 FCS maintenance should work with the contractor to ensure that these matters are resolved and subsequently monitored.

The private service contractor and the  Family and Community Service Department (FCS)  should facilitate more frequent pest control services and monitor the outcome and take necessary actions to ensure the mitigation of any infestations.

 FCS should conduct continuous monitoring and inspections of the WEHC to ensure all issues are being addressed in a timely manner.

CITY RESPONDS TO OIG REPORT

The Department of Family Community Services (FCS)  was given the opportunity to respond to the OIG report  [and] has moved forward with addressing the identified concerns.

The FCS reported that Aylworth Fire Sprinklers  conducted an annual fire hydrant test that was completed on Tuesday 1/10/2023.  The report provided to DFCS on 1-12-23 indicated that all (3) Hydrants passed without any deficiencies. DFCS has submitted the report to the OIG office as of 1-12-23.

Given no deficiencies were identified, there were not items requiring remediation. DFCS said it  will update its  internal staff and contractors and will continue to monitor the hydrants as part of the ongoing inspections of the WEHC.

PEST CONTROL REMEDIATION EFFORTS

The FCS reported that  routine pest control is done monthly per a contract with a private service contractor.  That contractor recommended specific treatment for bedbugs every 90 days. The next bedbug treatment is scheduled for March 2023. The last treatment for the facility units/pods was conducted most recently on Friday 12/10/2022 (pods A,B), Saturday, 12/11/2022 (pods D,F) and Sunday 12/12/2022 (pods C,G).

Dryers are also available for heat treatment mitigation and are done for a duration of 20 minutes @ 400 degrees to kill bed bugs and hotboxes have been purchased by the operator and are being used according to contractor report on 1/11/2023.

 A request to purchase a new larger hot box was made on 1/11/2023 and was approved by FCS. 3) FCS Maintenance has a work order process which Heading Home (contracted WEHC operator) utilizes.

DFCS also has a scheduled call every Wednesday morning to discuss all maintenance issues with the contracted operator. The City meets with Heading Home, the contracted WEHC operator, weekly to discuss maintenance needs of the facility and to discuss anticipated timeline to address/complete. FCS Maintenance is at the WEHC to address needs at minimum once a week. If there is an emergency, FCS Maintenance will be dispatched immediately.

The link to the full unedited OIG report is here:

https://www.cabq.gov/inspectorgeneral/documents/22-0160-c__investigative_informative_case_synopsis.pdf/view

file:///C:/Users/HP/Downloads/22-0160-C__Investigative_Informative_Case_Synopsis.pdf

COMMENTARY AND ANALYSIS

The Inspector General report discredits many of the inflammatory allegations made in the civil rights lawsuit.  The city has spent upwards of $500,000 for repairs and bringing it up to code compliance.  The biggest  take away of the OIG report is that there  are insufficient findings to merit closure of the facility. In particular, the OIG did not find that Westside Emergency Housing Center is “Unsafe, Unhealthy, And Unfit For Human Habitation”. 

The most damaging findings by the IGO include that a June 2022 fire marshal inspection found 11 violations at the WEHC  and  that “mice and bed bugs were an issue” and that some of the toilets and showers did  not work.  According to a city Planning Department inspection report “The cleanliness of this facility could use much improvement and it is well worn beyond its time.”

Notwithstanding the negative findings, they do not make the facility “Unnsafe, Unhealthy, And Unfit For Human Habitation”.   The city has used the facility for many years for the unhoused without incident.

The civil rights complaint makes the inflammatory allegation that the west side shelter can “trigger  mental health conditions” the homeless may suffer from, including “post-traumatic stress disorder”. A few of the 8 Plaintiffs also allege they did not feel safe when they stayed at  the shelter and that they will not go back.  These allegations  must be called into question in that the OIG stated it heard from residents who state that although there are things they feel could be improved upon, they feel safe at the WEHC.

On January 12 during  a press conference announcing the opening of the Gateway Gibson Health Hub center for limit emergency shelter. Mayor Tim Keller addressed the WEHC situation saying the city has put $500,000 toward repairs but acknowledging it is not ideal.

RESPONDING TO SPECIFIC ALLEGATIONS

The complaint allegations can be enumerated with a response as follows:

    1.  COMPLAINT ALLEGATION: The Westside shelter is unsafe, unhealthy, and unfit for human habitation. The building does not meet the essential fire safety and building codes of applicable local codes and state regulations and law, including state fire safety codes …  and the City’s own building safety codes. … A recent report from the Albuquerque Fire Department indicates that there are no working fire hydrants on the property. … The shower doors in the women’s pod cannot be closed, such that women do  not have privacy while bathing. …  On information and belief, showers have, at times, not been accessible for people who use wheelchairs. …

 INSPECTOR GENERAL FINDINGS:

The OIG was able to only partially substantiate the allegation that the WEHC would not pass a fire inspection at the time of the August 31 anonymous complaint. As indicated in a fire inspection report, dated June 13, 2022, the WEHC incurred multiple fire code violations. The OIG report states “The Fire Marshal’s Office conducted a reinspection on September 9, 2022, and an email was submitted to the OIG.  It stated that the violations had been corrected with the exception of one relating to the inspection and testing of Fire Hydrants.”

The OIC report states as follows

“On October 4, 2022, Chief Building Inspector …, Chief Mechanical/Plumbing Inspector, and Division Manager …  conducted a site visit to the Westside Emergency Housing Center … . We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access.  [The  Maintenance Supervisor]  stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.

COMMENTARY:  The complaint  allegation is contrary to findings of the follow-up inspections of the shelter.  Simply put, the shelter is in fact meeting the essential fire safety and building codes of applicable local codes and state regulations and law, including state fire safety codes …  and the City’s own building safety codes.  Under applicable city fire safety, electrical and plumbing codes and state regulations and laws, when city inspections are conducted, such as those done by the Fire Marshal’s Office or  the  Planning Department Code Inspection division, and the city inspectors find that the facility does not meet code compliance, they are required by law to declare the facility substandard and uninhabitable. They are to red tag the facility and  issue “notices and orders”  ordering  the facility to be vacated and shut down. The property owner is ordered to make repairs and bring the property into compliance with all codes.  City owned and operated facilities are not exempt.

     2.  COMPLAINT ALLEGATION: Federal funds have been used to finance the operation of the Westside shelter, but, on information and belief, the City’s assurances to federal authorities regarding the fitness of the facility have not been, and currently are not being, met.

INSPECTOR GENERAL FINDINGS:   The Inspector General found that subsequent inspections by the City Planning Department, the Fire Marshal’s Office, the Chief Building Inspector and the  Chief Mechanical/Plumbing Inspector city  revealed repairs have been made. They did not “red tag” the facility for closure. In particular the facility does have working showers in the areas where residents stay.  A fire inspection found only 1 remaining violation involving inspection/testing of the on-site fire hydrants. The city’s Family and Community Services Department said the shelter’s fire hydrants inspected by an outside contractor earlier and they all passed

     3.  COMPLAINT ALLEGATION:    “A recent report from the Albuquerque Fire Department indicates that there are no working fire hydrants on the property. …  On information and belief, residents have been scalded in the showers at the Westside shelter due to defective mixing valves. At times as few as one shower in the building has been working, such that residents must bathe in mobile showers on trailers out back.”

INSPECTOR GENERAL FINDINGS:

The Inspector General found that subsequent inspections by the City Planning Department, the Fire Marshal’s Office, the Chief Building Inspector and the Chief Mechanical/Plumbing Inspector city  revealed repairs have been made. In particular the facility does have working showers in the areas where residents stay.  A fire inspection found only 1 remaining violation involving inspection/testing of the on-site fire hydrants. The city’s Family and Community Services Department said the shelter’s fire hydrants inspected by an outside contractor earlier and they all passed.  The City Planning Code Inspection Division, the City Fire Marshal’s Office and the City Environmental Planning Departments all did inspections of the shelter and did follow up inspections and found there were insufficient code violations to close the facility with the city making repairs.

The OIG report states:

The Inspector General reports “On October 4, 2022, Chief Building Inspector … , Chief Mechanical/Plumbing Inspector, and Division Manager …  conducted a site visit to the Westside Emergency Housing Center …  We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access.  [The  Maintenance Supervisor]  stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.

      4. COMPLAINT ALLEGATION: The shelter is infested with black mold. …

 COMMENTATORS NOTE:  The allegation that the shelter is infested with black mold appears to be a fabrication. The Environmental Health Department, the Planning Department and the Fire Marshals Office did inspections of the shelter. The finding of  black mold is absent from the OIG report.

    5. COMPLAINT ALLEGATION: The kitchen is not operable, and the facility cannot pass a health and safety inspection. There is no oven, stove top, or working refrigerator available for use by people residing there. … 

 INSPECTOR GENERAL FINDINGS:

“The WEHC does have an operable refrigeration and freezer unit. The kitchen does not have operable ovens. The WEHC has a warming unit for meals brought in by the contractors. The contract does not require the service contractor to have a kitchen or to operate a kitchen.”

COMMENTATOR’S NOTE: The contract does not require the service contractor to have a kitchen or to operate a kitchen in that service providers provide meals prepared at other location.

The OIG report states:

We toured the kitchen facility which is currently being used as a storage area. They are working on plans to submit for a kitchen remodel to include upgrading the refrigeration, hot serving area, and prep space. …

     6. COMPLAINT ALLEGATION: There is no washing machine or clothes dryer      available for residents to clean and dry their clothing. They must wash their clothes in the bathroom sinks and hang them outdoors on the cyclone fencing. … There are bed bugs and parasites in the bedding, and there is no effective method in use to “sanitize” the sheets, blankets, mattresses, and bedding. … 

 INSPECTOR GENERAL FINDINGS:

The service contract specifically provides  “the contractor shall provide laundry services for all of the bedding, towels, etc. used by the shelter residents.”  The contract provides the contractor “shall provide regular cleaning and maintain the sanitation of resident pods, common areas, medical pods, hallways, and bathrooms to meet cleaning standards, including Center for Disease Control and NM Department of Health standards to prevent the spread of COVID-19.”

“The OIG is recommending that  the private service contractor and the  Family and Community Service Department (FCS)  should facilitate more frequent pest control services and monitor the outcome and take necessary actions to ensure the mitigation of any infestations.”

     7.  COMPLAINT ALLEGATION: Chronically overcrowded, there are not enough beds for everyone, so people sleep on plastic “boats” on the floor. On information and belief, a complaint was filed with the City Inspector General in March 2022 due to problems with staff misbehavior, including allegations of extortion. 

COMMENTATOR RESPONSE

It has been repeatedly reported that the Westside Emergency Housing Center has immediately available upwards of 450 beds to accommodate the homeless on any given night. Cubicles have been constructed to provide a degree of privacy. The shelter offers shelter to men, women, and families experiencing homelessness in Albuquerque. The OIG did not address any complaint of problems with staff misbehavior with the allegation “based  on information and belief”  with nothing more identified as verifiable.    

    8.  COMPLAINT ALLEGATION: The Westside shelter is in a location that is on the outskirts of the City and is far from services, jobs, and support systems such as family and friends. People who sleep there are separated from case managers, social workers, treatment providers and employment support and 10 other social service programs, and often cannot obtain timely transportation to appointments in town that could help them obtain employment, housing and other supportive services.

Many residents have mental illness and behavioral health disabilities, but, on information and belief, mental health therapy is not provided there. …  On information and belief, many unhoused people are banned from the shelter on a permanent basis; sometimes for possession or use of drugs, which are common causes for being banned. …

Couples who are partnered or married cannot stay together if one member of the couple is a man and the other is a woman, since men and women must stay in separate parts of the shelter, causing these people to lose one of their primary forms of social and emotional support.

This separation is particularly difficult for people who have disabilities and rely on their partner for help.  People living with minor children are not permitted to stay at the shelter.  Women and people whose gender presentation is nontraditional or nonbinary are often harassed at the shelter.

COMMENTATOR REPONSE: 

It was on October 22, 2019 that Mayor Tim Keller announce that the Westside Emergency Housing Center (WEHC) would become a 24/7 homeless shelter. The shelter has been upgraded and remodeled to accommodate the homeless and expand the services offered. It is a “one-stop-shop” with service providers providing medical services, case management and job placement services. It costs about $4.5 million a year to operate the shelter with about $1 million of that $4.5 million invested in transporting people to and from the facility.

https://www.krqe.com/news/albuquerque-metro/city-plans-on-expanding-services-at-westside-emergency-housing-center/

The city is spending upwards of $1 Million a year to provide the unhoused with transportation to and from the Westside Emergency Shelter.  While staying at the WEHC, the homeless have access to a computer lab, showers, medical examination rooms, medical care  and receive 3  meals a day. The WEHC is a 24/7 operation and has a staff of 80 to assist those who stay at the shelter.  The shelter does connect men and women to permeant housing and other resources. $1.5 million has been allocated for improvements to the Westside Emergency Housing Center during the current fiscal year.

The Westside Emergency Housing Center has immediately available upwards of 450 beds to accommodate the homeless on any given night. The shelter offers shelter to men, women, and families experiencing homelessness in Albuquerque. While staying at the WEHC, the homeless have access to a computer lab, showers, medical examination rooms, and receive three meals a day. The WEHC is a 24/7 operation and has a staff of 80 to assist those who stay at the shelter.  The shelter does connect men and women to permeant housing and other resources.

The westside emergency shelter services includes mental illness and behavioral health referrals to service contract providers. The city 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.  

The 2022-2023 enacted budget for the Department of Community Services is $72.4 million.  Key appropriations passed by City Council involving the West Side Emergency Shelter and the unhouse are as follows:

$1.5 million for improvements to the Westside Emergency Housing Center

$3,773,860  for mental health contracts

$2,818,356 substance abuse contracts for counseling

$6.8 million for medical respite and sobering centers

$20.7 million for affordable and supportive housing   

$4 million to expand the Wellness Hotel Program

$7 million for a youth shelter

$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 2022-2023 city budget it here:

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

A ”Safe Outdoor Space”  has been established at the city of Albuquerque’s Westside Emergency Housing Center.  It is a managed site where people who are homeless can sleep overnight, with access to toilets, showers and more. Outdoor camping by the unhoused in the area in all likelihood can be permitted.

FINAL COMMENTARY

The civil rights  class action complaint degrades to the utmost extent the Westside Shelter making inflammatory, unsubstantiated or outlandish hearsay allegations that it is “unsafe, unhealthy, and unfit for human habitation”.   It makes the outlandish allegation that the west side shelter can “trigger  mental health conditions” the homeless may suffer from, including “post-traumatic stress disorder” ignoring the fact the unhoused cannot be forced to use the shelter facility.   It does not disclose to what extent the facility has actually been upgraded and remodeled for the unhoused, the extent of services provided by the city, the number of city employees at the facility nor the fact the shelter cite does have a Safe Outdoor Space for the unhoused to park and live out of their vehicles.

City Inspector General Report discredits the civil rights lawsuit that the Westside Emergency Housing Center is “unsafe, unhealthy, and unfit for human habitation”. If the West Side shelter was in fact found by the various city departments that did inspections,  including the Planning Department Code Enforcement Division, the Environmental Health Department and the Fire Marshal’s Office,  to be “unsafe, unhealthy, and unfit for human habitation”, those departments  would have no discretion but to “red tag” it and order its closure at least until such repairs brought it into compliance with city codes.

The city needs to seek immediate dismissal of the case for the plaintiffs unsubstantiated or discredited claims  and for a failure state claim upon which relief can be granted.

Links to related blog articles are here:

Unhoused Sue City Over Coronado Park Closure; City Should Seek Immediate Dismissal; Unhoused Cannot Be Allowed To Violate The Law As They Refuse City Shelter And Services

 

Dinelli New Mexico Sun Guest Opinion Column “ACLU lawsuit vs ABQ: false and inflammatory”

On January 17,  APD reported that it has arrested former Republican Candidate for the New Mexico State House Solomon Peña during a SWAT situation in connection to at least 4 recent shootings of local Democratic lawmakers’ homes. APD further announced that they believe he conspired with and paid at least 4 other men to carry out the shootings.

Around 3 p.m.,  APD’s SWAT team swarmed a condominium complex near the ABQ BioPark Zoo at a condominium complex at 14th and Coal to execute a search warrant. They announced over bull horns for Peña  to surrender believing he was armed and dangerous as drones flew overhead. Peña gave himself up without incident within an hour.

Albuquerque Police Chief Harold Medina first made the announcement on Twitter on Monday, January 16, ahead of a 5 p.m. news conference. Medina wrote on twitter:

“APD has arrested Solomon Peña for the recent shootings at local lawmakers’ homes. Peña, an unsuccessful legislative candidate in the 2022 election, is accused of conspiring with, and paying four other men to shoot at the homes of 2 county commissioners and 2 state legislators.”

FOUR SHOOTINGS REPORTED

During the January 16 news conference, APD reported that they believe Peña orchestrated the shootings.

On December 4  2022  a shooting  occurred at the Southeast home of Democrat Bernalillo County Commissioner Adriann Barboa, whose home was  struck by 8 bullets

After news of the investigation began to circulate, recently elected Democrat Speaker of the House Javier Martínez and the representative for Southwest Albuquerque  District 11,  inspected his home and found  it had sustained damage from bullets. He had heard gunfire outside his home on December  8 and believes that’s when the shooting occurred.

On December 11  a third shooting occurred at the North Valley home of then-outgoing  Democrat Bernalillo County Commissioner Debbie O’Malley whose home was struck by more than 12 bullets.

The fourth shooting happened just after midnight at the home Democrat State Senator Linda Lopez’s on January 3, 2023. This shooting was the break in the case. More than a dozen shots were fired after midnight on January 3, and police received a “ShotSpotter” notification.  Senator Lopez  later reported that a bullet struck the ceiling of her daughter’s room. She had awoken to gunfire and felt material falling from the ceiling.

In each shooting, no one was hurt but all 4 homes were damaged with gunshot holes.

OTHER SHOOTINGS

APD revealed that it is  also investigating  gunshots fired near the campaign office for Raúl Torrez as he ran for state Attorney General and near the office of State Sen. Antonio “Moe” Maestas.  However  a department spokesman said detectives don’t have any evidence linking Pena and his alleged accomplices to those shootings at this time.

EVIDENCE LINKING PEÑA TO SHOOTINGS

Peña is among 5  suspects alleged in a  conspiracy the he was the mastermind. In a press release, Albuquerque Police said detectives learned that Peña paid the other men cash and sent text messages with their  home addresses.

APD said they have evidence that places Peña at the most recent shooting at State Senator Linda  Lopez’s home.  APD officials said Peña approached the 2  County Commissioners and Senator Linda Lopez at their homes after the November election with paperwork claiming there was fraud involved in his  election.  Former County Commissioner Debbie O’Malley released to authorities a ring video showing her interaction with Solomon Peña at her home after the election, where Peña hands over paperwork asserting election fraud.  APD believes  Pena was present for at least one of the shootings and that he fired a gun.

APD investigators revealed during a news conference details that lead to  Peña’s arrest.  APD Deputy Commander Kyle Hartsock with the Investigative Enhancement Division said detectives have electronic and cellphone records, surveillance footage and witnesses “inside and outside of this conspiracy that have helped us weave together what occurred.”

Hartsock had this to say during an afternoon news conference:.

“The evidence that we have is not only firearm, but it’s also from cell phones and electronic records surveillance video and multiple witnesses inside and outside of this conspiracy that have helped us weave together what occurred. … We now have evidence too that Peña himself went on this shooting and actually pulled the trigger on at least one of the firearms that was used. …  [As to] the persons doing the shootings,  we are still investigating if they were even aware of who these targets were, or if they were just conducting shootings.”

APD  said Peña  also has a black Audi sedan registered under his name, which matches the description of the vehicle he drove to O’Malley’s house in November.

OTHER SUSPECTS

APD  also announced that another suspected connected with the shootings was arrested.   Jose Trujillo was arrested in connection on an outstanding felony arrest warrant about an hour after the shooting at Lopez’s home. A Bernalillo County deputy pulled him over, and found more than 800 fentanyl pills and two guns. One of the guns matched to the shooting at Lopez’s home.

Jose Trujillo is being prosecuted federally on drug trafficking and firearm charges. APD did not immediately release  the names of the other suspects in that the investigation is continuing.  APD said it is still investigating  if the paid shooters knew who the targets were.

ABOUT THE REPUBLICAN MAGA  SUSPECT

Solomon Peña is a  39-year-old Republican who  ran and lost the race for House District 14 to incumbent Democrat State Representative Miguel Garcia in the November 2022 election. He has been described as a Trump MAGA Republican who turned conspiracy theorist.

Peña has repeated claims that the election was rigged.  It was reported that he attended the January  6, 2021, riot in Washington, D.C.  Peña made claims  on social media he should have won the election. He also visited 3 of the targeted officials’ homes unannounced in November complaining the election was fraudulent and that it should not be certified.

Peña’s  candidacy came under fired and was challenged by his opponent,  long time serving Albuquerque  Democrat State Rep. Miguel P. Garcia who  filed a court challenge to disqualify him from running because he had been convicted in 2008 of stealing large amounts of goods from several big box retail stores in a reported “smash and grab” scheme. Peña was found guilty of the felony  charges and served nearly 7 years in prison.

In September, 2nd Judicial District Judge Joshua Allison ruled that a state law barring felons from holding office unless they are pardoned by the governor is unconstitutional.   Peña name was allowed to remain on the ballot. Peña lost the November 8 election by more than 3,600 votes garnering 2,033 votes to Garcia’s 5,679 votes.

On November 15  Pena posted a photo of himself wearing a red “Make America Great Again” sweatshirt that appeared to have been signed in gold by former President Donald Trump.  Peña  said  in his post “Trump just announced for 2024. I stand with him. I never conceded my HD 14 race. Now researching my options.”  Peña also posted a photo of himself that appears to be from Washington, D.C., that he said was “one of the last pictures I have of the January  06 trip.”

When someone called Peña a criminal  on social media,  Peña said this:

“Everyone in the NM government who helped overthrow Trump are the active treasonists who must be placed in Guantanamo Bay Cuba for natural life. Once they are gone I can work on rebuilding Albuquerque.”

The link to the  quoted news article is here:

https://www.abqjournal.com/2565117/solomon-pena-arrested-in-shootings-targeting-new-mexico-democratic-politicians-homes.html

SOMEONE KNOCKIN AT MY DOOR, SOMEONES RINGING MY BELL

Democrat and Former Bernalillo County Commissioner Debbie O’Malley, in an interview with the Albuquerque Journal, said that Peña  showed up at her home wanting to talk to her about what he alleged was election fraud, telling her he believed he should have received more votes because he had knocked on many doors during his campaign. O’Malley  said Peña gave her a packet that  included what looked like internet information about voter fraud and a letter. Thereafter, she had no further communication with him.

O’Malley recalled that Peña was not hostile but the encounter was unsettling enough that she notified law enforcement. O’Malley said this about her encounter:

 “He gave me some papers and said ‘I want you to respond. … I thought it was odd, and he seemed a little anxious to me and a little, kind of aggressive, and that kind of put me on alert.” 

Bernalillo County Commissioner Adriann Barboa also told the Albuquerque Journal she had a similar encounter  with Peña when he  showed up on her doorstep asking her not to vote to certify the election results.  Barboa said they spoke and he handed her paperwork similar to what others who are questioning elections have given her and other officials during county commission meetings.  Commissioner Barboa said she grew worried for Peña during the encounter.  She said she  thought he was making illogical claims about the results of his own race. Barboa said this:

“He was just sort of all over the place — the things he was putting together weren’t quite connecting or fitting. … You can’t say because you knocked on a thousand doors, you know you got a thousand votes.  …  I know our addresses are public, but I was a little thrown off because it’s not usual that people come to our door.”

Barboa  told the Journal she was pleased that police were able to make an arrest and quell some of her family’s fear.  She said the ordeal will change the way she lives and that she is going to pursue new security strategies for herself and her family.  Her daughter, she said, has been too afraid to bring her child over since the shooting.  Barboa  told the Jounral  while choking back tears:

“I’m hoping today that this is done that my daughter can bring my grandbaby here again.”

Barboa said it’s distressing that elected officials are now going to take steps to shield themselves from the public.  She noted  that the New Mexico Legislature has already removed some lawmaker contact information from its website in response.

“All of that is going to change because of this and that breaks my heart as someone who believes the public needs access to our elected officials.”

The link to the full and quoted Journal article is here:

https://www.abqjournal.com/2565117/solomon-pena-arrested-in-shootings-targeting-new-mexico-democratic-politicians-homes.html

 SWIFT CONDEMNATION

City, County and State Officials were quick to condemn the shootings.

Mayor Tim Keller said this during the press conference:

“APD essentially discovered what we had all feared and what we had suspected,  that these shootings were indeed politically motivated. … They were dangerous attacks not only to these individuals … but, fundamentally, also to democracy. … Disagreements take place. We know we don’t always agree with our elected officials, but that should never ever lead to violence. … This was about a right wing radical and election denier who was arrested today, and someone who did the worst imaginable thing you can do when you have a political disagreement, which is turn that to violence – that should never be the case.”

District Attorney Sam Bregman had this to say during the afternoon press conference:

“An attack on an elected official is an attack on democracy, whoever that elected official is Democrat or Republican, and we will hold people responsible for criminal conduct, and make sure we do justice. 

KOB 4 Chanel 4 was able to obtain several statements in response to the arrest Monday night.

Republican Party of New Mexico sent the following statement to Channel 4:

“These recent accusations against Solomon Pena are serious, and he should be held accountable if the charges are validated in court. RPNM condemns all forms of violence. We are thankful that nobody was injured by his actions. If Pena is found guilty, he must be prosecuted to the full extent of the law.”

Governor Michelle Lujan Grisham sent the following statement to Channel 4: 

“I commend the Albuquerque Police Department, State Police and the District Attorney’s Office for a successful partnership to apprehend the suspected perpetrator. There is no place in our society or our democracy for violence against any elected official or their families, and I trust the justice system will hold those responsible for such attacks to full and fair account.”

Republican House Minority Leader Ryan Lane, R-Aztec, issued a statement applauding law enforcement and condemning violence. Lane said the New Mexico House Republicans are grateful no one was injured in the shootings and referenced Pena’s criminal past which had been a controversial issue during the campaign. Lane said this:

“This is yet another example of a convicted felon unlawfully gaining access to firearms, which they are barred from owning or possessing, and using the weapon in a manner that causes public harm.”

New Mexico House Speaker Nominee Javier Martínez also sent KOB 4 a statement saying:

“I deeply appreciate our Albuquerque Police Department for their hard work throughout the investigation into these shootings targeting elected officials. I am grateful a suspect is in custody, and I trust our justice system will hold those responsible accountable. We have seen far too much political violence lately and all of these events are powerful reminders that stirring up fear, heightening tensions, and stoking hatred can have devastating consequences.”

Commissioner Adriann Barboa, Vice-Chair, Bernalillo County Commission sent the following statement to Channel 4: 

“I am relieved to hear of the arrest of Solomon Pena in relation to shootings at my home and the homes other New Mexico elected officials.  I am still shocked this happened. Processing this attack continues to be incredibly heavy, especially knowing that other women and people of color elected officials, with children and grandbabies, were targeted.

It has always meant so much to me that in our state elected officials are especially accessible; making it possible for New Mexicans to share their stories, expertise, and critiques. Solomon Pena is an election denier. He weaponized those dangerous thoughts to threaten me and others, causing serious trauma. 

When politicians at the highest levels of our government continue to make threats and violence a regular part of public discourse, it has real impacts on our democracy and lives. Gun violence has deep impacts across our country and here at home in New Mexico.

 In early December, I returned from Christmas shopping to my home being shot up; it was terrifying. My house had four shots through the front door and windows, where just hours before my grandbaby and I were playing in the living room. Too many of the people I love, my neighbors, and our communities have been impacted by violence like this; we must do more to end gun violence in and against our communities.”   

Former Bernalillo County Commissioner Debbie O’Malley voiced her gratitude and relief about the arrest.

https://www.kob.com/new-mexico/albuquerque-metro/apd-politician-arrested-in-shootings-of-elected-leaders/

https://www.krqe.com/news/crime/apd-to-make-announcement-in-high-profile-case/

https://www.koat.com/article/albuquerque-police-update-high-profile-case/42526343

https://www.abqjournal.com/2565117/solomon-pena-arrested-in-shootings-targeting-new-mexico-democratic-politicians-homes.html

COMMENTARY AND ANALYSIS

It was fitting that Peña was arrested on Martin Luther King day, a day to honor a man who  stood for the  proposition of non violent politcal protest and who was assassinated.

It is pretty god damn disgusting that this level of violence against our elected officials has occurred.  Such overt acts of violence against elected officials cannot be recalled  ever occurring  in this  city nor the state.  Frankly, they were unimaginable, especially in a state known as the Land of Enchantment where the is much tolerance amongst those of different races, cultures and yes political philosophies.

But all that changed, not only here but nationally, on January 6,  2021 and with the United States Capitol riot promoted and encouraged by the fascist former President Donald Trump who has lied repeatedly  about the 2020 presidential election proclaiming he won the  election and that the election was stolen from him without a shred of evidence.

In his January 6,  2021 hour-long speech, former Trump promoted  violence against congress telling the mob to march towards the Capitol, assuring his audience he would be with them, to demand that Congress “only count the electors who have been lawfully slated”, and “patriotically make your voices heard”. Towards his conclusion, he said “we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”  Over 50 federal lawsuits were filed challenging the 2020 presidential election results and all were dismissed for lack of evidence.

What is truly disgusting is that both the national and state Republican leadership and his followers continue to be election deniers.  The actions of MAGA Republican Election denier Solomon Peña is evidence that the disease of  political violence has now infiltrated New Mexico politics.  There is absolutely no mistake that Peña’s attacks on our elect officials was an attack on our very democracy. He needs to be prosecuted swiftly  to the fullest extent of the law and jailed  for his conduct as does his Der Führer Donald Trump for instigating and promoting violence and  the January 6,  2021 capital riot and attempted coup.

 

On January 17, 2023, the 2023 New Mexico Legislative Session begins its 60 day session. The biggest legislative priority will be passage of the state’s annual budget.  The state’s fiscal year begins on July 1, 2023 and ends on June 20, 2024.

On January 10, 2023 Governor Michell Lujan Grisham released her proposed 2023-2024 fiscal year budget submitted to the New Mexico Legislature for the upcoming legislative session. It is a nearly 200-page document.

On January 12, the Legislative Finance Committee (LFC) released it own proposed budget. The LFC budget plan is the final result of months of hearings conducted in communities around the state. It includes funding requests made by the Governor’s Cabinet officials and finance experts used to identify ongoing needs and demands of state government

GOVERNOR MLG’S PROPOSED BUDGET

The Department of Finance and Administration (DFA) released the FY24 Executive Budget Recommendation totaling $9.4B in recurring spending, an 11.9% increase from the last fiscal year. The executive recommendation will maintain reserves at 34.9%, among the highest in state history, while increasing investments in priority areas like housing and homelessness, health care and behavioral health, education and child well-being, public safety, and economic development and tax rebates.

The Governors proposed 2023 state budget plan will use the historic state revenue windfall to increase yearly spending by upwards of  $1 billion.  If enacted as outlined, the Governor’s proposed budget would represent a nearly 12% increase in spending compared to the 2022 fiscal year that ends on June 30, 2023.

Governor Lujan Grisham’s  budget recommendation includes tens of millions of dollars for housing, hundreds of millions for healthcare, hundreds of millions for education, and over $100 million for law enforcement.

The Legislative Finance Committee (LFC)  will release its own spending plan the two proposals will be studied as lawmakers build a new state budget for the fiscal year that starts on July 1, 2023.

REBATES AND TAX RELIEF

Under the Governor’s proposed budget, more tax reduction and rebates have emerged for second year in a row as major priority.

Under the Governor’s proposed budget, residents would get tax rebates  of $750 per taxpayer.  Using the state’s historic state windfall from the oil and gas revenue surplus has received bipartisan support. The rebates would be the second time rebates would be provided for since last year.   In 2022, most New Mexicans received three payments total, worth either $250 or $500 per payment. The biggest rational for the rebates is to help state residents to deal  with inflation and the high cost of gas, food and other supplies.  The new round would cost an estimated $1 billion and rebates would be provided for all New Mexico taxpayers, not just lower-income ones, under the governor’s plan.

The Governor is also seeking changes to New Mexico’s tax code in her proposed budget. The Governor’s tax code changes include reducing the state’s gross receipts tax base rate by an additional 0.25 percentage points.  This tax reduction is identical to the one that was enacted last year.  However, the governor’s plan  does not   include  a “trigger mechanism”  that would automatically undo the tax cuts if projected revenue levels fail to materialize. The tax code changes also include adjusting brackets in the state’s personal income tax code. The tax package favored by the governor could cost the state upwards oof  $500 million in lost  revenue.

PAY RAISES FOR STATE EMPLOYEES

Under the Governor’s proposed budget, 4% pay raises for all state workers, teachers and other education workers in New Mexico would be funded. The proposed pay raises come New Mexico state government agencies have dealt with high employee vacancy rates attributed to  the COVID-19 pandemic.  The 4% pay raises would take effect on July 1  and would cost the state an estimated $202.4 million annually.

The governor’s plan calls for $100 million to allocated to cover the cost of health care premiums for education employees.  According to Legislative Finance Committee (LFC),  starting teachers in New Mexico pay  an average of $4,223 per year on health insurance costs as of August 2021.  Just last year, New Mexico starting teacher pay was increased to $50,000 per year.  The state paying. for educators’ health insurance premiums will no doubt go a long way in attracting new teachers given the fact the state is suffering from a major teacher shortage and skyrocketing health care premiums contribute to the shortage.  The proposal to cover health insurance premiums would only apply to educators and not other state workers, but the legislature could change that.

Sen. George Muñoz, D-Gallup, the chairman of the Senate Finance Committee (LFC), said his Committee would be proposing slightly larger salary increases for state workers and teachers than the governor. Muñoz questioned the long-term feasibility of the plan to pay for teacher’s health insurance. Muñoz said this:

“I don’t think we can afford to pick up every teacher’s health insurance. … It’s not sustainable.”

OTHER PRIORITIES

The Governor proposed budget calls for spending infusions in order to extend the school year in New Mexico by up to 10 days annually, expand a college scholarship program, hire more law enforcement officers statewide and create mobile response teams to deal with homeless individuals.   Governor Lujan Grisham  also included in her spending plan more funding for economic development initiatives and mental health treatment for children held in state protective facilities.

Major highlights from the Governor’s proposed budget recommendation include the following:

HOUSING AND HOMELESSNESS

• $25 Million for rental assistance and eviction prevention
• $13 Million to incentivize development and zoning updates
• $10 Million  the state’s Home Ownership Down Payment Assistance Program
• $6 Million for a new comprehensive landlord support program to work directly with landlords to encourage them to use housing vouchers
• $4 Million  for “Mobile Homelessness Response Teams” at the Department of Health that would deploy to homeless encampment’s to connect individuals quickly and directly with support services

 HEALTH CARE & BEHAVIORAL HEALTH

• $200 Million to establish the Rural Health Care Delivery Fund to expand health care services and build new hospitals in rural New Mexico.
• $28 Million for the Health Professional Loan Repayment Program
• $10 Million for the New Mexicare senior caregiver support program
• $10 Million a full-spectrum reproductive health clinic in southern New Mexico, a promise the Governor pledged in August.
• $5 Million for additional support for alcohol abuse prevention and treatment
• $32.5 Million for graduate medical education programs across the state
• $7.7 Million for nursing programs at New Mexico’s higher education institutions
• $5.8 Million to maintain existing school-based health centers and expand access to more than 25,000 students

EDUCATION AND CHILD WELLBEING

• $220.1 Million for extended in-classroom learning time by increasing the number of minimum instructional hours per year in public schools
• $30 Million to provide healthy universal school meals and to eliminate school meal costs for every New Mexico child
• $2.9 Million to the Children, Youth and Families Department for 60 new protective services staff, to be supported by additional federal matching funds
• $277.3 Million for continued investments in affordable, high-quality child care
• $131 Million to maintain and expand access to high-quality pre-k education
• $40.4 Million for the continued expansion of early childhood home visiting
• $111.1 Million to provide a four percent salary increase for all school personnel
• $100 Million for health care premium costs for public school personnel
• $157.4 Million for the Opportunity Scholarships

PUBLIC SAFETY

• $100 Million continued law enforcement recruitment funding. In 2022, lawmakers approved $50 million for the fund and the money has already been dispersed in two rounds of funding. The city of Albuquerque has use the money it was given to give $18,000 in longevity pay to police officers with 18 more years of experience, not for recruitment.
• $4 Million for Law Enforcement Survivors Benefits
• $4 Million for Firefighter Survivors Benefits
• $2.2 Million to create two hotshot forest fire crews that could be dispatched to fight to fight wildfires within and without state borders

Economic Development & Infrastructure

• $1 Billion in economic relief through tax rebates
• $128 Million improving  water infrastructure improvements in part by improving river flows into Elephant Butte Reservoir
• $146 Million for continued statewide broadband expansion
• $35 Million for Local Economic Development Act funding
• $75 Million for the Land of Enchantment Legacy Fund

GOVERNOR’S STATEMENT

In a statement issued in conjunction with the release of her proposed fiscal year 2023 budget, Governor Lujan Grisham said this:

“Today, we have a historic opportunity for change in the state of New Mexico. … This budget builds upon the immense progress and success of the last four years, continuing to improve the lives of the people of New Mexico by funding programs, policies and initiatives that we know are working. It also empowers the state to continue to take on new and innovative strategies that are disrupting the status quo, that help our children, our families, our schools, our small businesses and our entire economy to grow and prosper.”

 Links to quoted news source material are here:

https://www.governor.state.nm.us/2023/01/10/gov-lujan-grisham-releases-fy24-executive-budget-recommendation/

https://www.abqjournal.com/2563462/governor-calls-for-rebates-tax-cuts-and-increased-school-spending-in-budget-plan.html

https://www.krqe.com/news/politics-government/ahead-of-2023-legislative-session-new-mexico-governor-releases-budget-suggestion/

LEGISLATIVE FINANCE COMMITTEE PROPOSED BUDGET

On January 12, the Legislative Finance Committee (LFC) released its proposed budget for the upcoming 2023 legislative session to compete and be reconciled with the Governor’s proposed budget plan.

Click to access LFC%20Press%20Packet%20FY2024.pdf

The LFC budget calls for spending $9.44 billion from the state’s general fund, a 12%, or $1.04 billion, increase over FY23 planned spending. Reserves would be 30%  of planned spending, safely above the levels that served the state well during the plunge in income at the start of the pandemic and with room for additional recommendation for fund transfers and tax changes.

Following are the major takeaways of the LFC proposed budget:

REBATES AND TAX CUTS

The LFC budget plan does not specifically call for rebates or tax cuts but it sets aside up to $1.5 billion for them. This is the identical amount proposed in the governor’s budget blueprint. The LFC budget plan, like the Governor’s plan, earmarks funding for tax rebates and changes to the tax code, including reducing the gross receipts tax rate that’s levied on retail purchases New Mexicans make.

EDUCATION SPENDING

Forty five percent (45%) of the state’s current spending is for education.  The LFC proposed budget includes $109 million to expand prekindergarten and $263 million recurring and $261 million nonrecurring more for public schools, primarily for a new K-12 Plus factor in the public school funding formula and school-year calendar changes.

The plan for public education is a total of $4.14 billion, or 6.8 percent more than the current year. In addition to extended school time, the recommendation funds increases for services aimed at students identified as at risk for failure, the educator pipeline, reading interventions, and implementation of the Indian, Bilingual Multicultural, and Hispanic education acts.

The new spending would be used to extend New Mexico’s school year to require a minimum of 1,140 instructional hours per year  which is  about 190 days of classroom learning.   The state’s 89 school districts would have some flexibility to determine how to adopt the requirement.

General fund appropriations for the Early Childhood Education and Care Department would increase by nearly 72%  with the additional funding from the constitutional amendment approved by voters in November. In addition to the major expansion of prekindergarten, the spending plan includes $8 million for Home Visiting parent education and support services for new families. Early childhood services would get an additional $70 million from the early childhood trust fund for childcare for infants and toddlers and other child services, including behavioral health.

STATE EMPLOYEE RAISES

The Governor’s proposed pay raises for state employees is   4% pay raises for all state workers, teachers and other education workers in New Mexico.  The LFC proposed budget plan released calls for average 5% pay raises for state employees.  $328 million is set aside for average pay raises of 5 percent for state and education employees.  All state workers would get the same size pay increases, though agencies would have the ability to give larger increases to some employees and smaller raises to others.  The LFC proposed budget contains additional funding to increase the employer contributions to the public employee and educator retirement funds.  The LFC budget contains targeted salary increases for university faculty, judicial agency staffs, child protective services workers, forensic scientists, and public-school principals in addition to the 5 percent average salary increase for all public employees

HEALTH CARE PREMIUMS FOR EDUCATORS

The governor’s proposed budget plan  calls for $100 million to be earmarked to cover the cost of health care premiums for education employees. The LFC spending plan, in contrast, calls for $32 million to be spent to boost the state-paid share of educators’ health care costs, so that employee-paid premiums would align with those paid by other public employees.

MEDICAID SPENDING

Both the Governor’s and the LFC proposed budgets are essentially identical when it comes to Medicaid spending. Both proposed budgets both call for increasing provider rate reimbursements and boosting state spending to offset a possible drop in federal Medicaid funding if a pandemic-related public emergency is lifted. The LFC proposed budget includes $80 million to backfill federal Medicaid spending, which will drop with the official end of the public health emergency.

STATE TRUST FUNDS

The LFC proposed budget  calls for $1 billion to be deposited  into a state permanent fund the been stymied by funding being diverted to fund public works projects.  The LFC plan would allocate upwards of  $800 million be used to set up new state trust funds. One such savings account might be an environmental trust fund that could be tapped when New Mexico faces wildfires or other natural disasters. Last year, Lujan Grisham was forced to issue dozens of executive orders authorizing nearly $60 million in emergency funds for firefighting efforts in seven different counties as the two largest fires in state history.

Senate Majority Leader Peter Wirth, D-Santa Fe, said the creation of new state endowment funds could help diversify the state’s revenue base and prepare the state for the possibility of cash-lean future years.  As it stands now, 40% of the state’s tax collections are from  the oil and natural gas industries.

MAJOR EXPENDITURES

The major expenditures in the LFC proposed budget worth noting and highlighting are as follows:

• $328 million to provide average 5% salary increases to state workers and  teachers
• $109 Million  to expand pre-kindergarten programs statewide
•  $1 Billion diverted to state Severance Tax Permanent Fund
•  Up to $1.5 Billion for  tax rebates and enact changes to state tax code
•  $82 million  to fund expansion of Opportunity Scholarship program
•  $197 million to improve state roads and highways. In addition to recurring spending, the LFC proposal includes $1.145 Billion spending for special projects such as roads and information technology.

Click to access LFC%20Press%20Packet%20FY2024.pdf

https://www.abqjournal.com/2564079/key-legislative-budget-panel-has-big-ideas-for-how-to-handle-nms-revenue-bonanza.html

HISTORIC REVENUES

On December 12, 2022 the Legislative Finance Committee released its Consensus Revenue Estimate for fiscal year 2024 which begins July 1, 2023. It was reported that New Mexico’s revenues have ballooned to historic levels from oil and gas production and  consumer spending.

The new estimates released project the state will have an astonishing $3.6 billion in “new” money available for the budget year that starts on July 1, 2023. The term “new money” is the amount that represents the difference between forecasted revenue and current spending levels. The total revenue was forecasted to rise from $9.2 billion in the fiscal year that ended on June 20, 2022 to nearly $10.9 billion for 2023.

During the last two years, New Mexico’s revenue levels have steadily increased due to surging oil and natural gas production. The spike in revenue is expected to continue over the coming year.  According to the Consensus Revenue Report  the latest projections by fiscal year for the last 2 full years are:

2022 – $9.7 billion, up from $9.2 billion in August
2023 – $10.8 billion, up from $9.8 billion in August
2024 – $12 billion, up from $10.9 billion in August

Click to access ALFC%20121222%20Item%201%20General%20Fund%20Consensus%20Revenue%20Estimate%20December%202022.pdf

Links to quoted news source material are here:

https://www.governor.state.nm.us/2023/01/10/gov-lujan-grisham-releases-fy24-executive-budget-recommendation/

https://www.abqjournal.com/2563462/governor-calls-for-rebates-tax-cuts-and-increased-school-spending-in-budget-plan.html

https://www.krqe.com/news/politics-government/ahead-of-2023-legislative-session-new-mexico-governor-releases-budget-suggestion/

REACTION TO SURPLUS

In August, Gallup Democrat Senator George Muñoz called the $2.5 billion in additional revenues a “once-in-a-century” opportunity and said at the time:

“If we want to really change, for once and for all, and keep our commitment to reducing tax rates, lowering the [gross receipts tax and] making New Mexico competitive with other states, this is one of the greatest opportunities we could have. … You can change the complete path of this state … Your phones are going to be ringing off the hook [with demands on how to use the new revenues].”

On December 12, Muñoz had this to say about the $3.6 billion increased revenues:

 “With this revenue forecast, there’s an opportunity knocking at our door. … No one in our state’s history has ever had this opportunity.”

When the LFC proposed  budget was released, Munoz  also said lawmakers should be nervous about the scope of the budget windfall, citing a revenue roller-coaster ride over the last decade that has caused lawmakers to alternate spending increases with budget cuts.

Representative  Patricia Lundstrom, D-Gallup, the LFC’s chairwoman, said “The more money there is, the higher the pressure.”  She said members of the budget committee resisted the urge to spend money like “drunken sailors.”

Cabinet Secretary Debbie Romero of the Department of Finance and Administration told the LFC that risks exist to the record-high revenue forecast.  Those risks include supply chain shortages and the ongoing Russian invasion of Ukraine. She also suggested to limit future spending obligations.  She urged lawmakers to target spending during the upcoming legislation session to one-time needs like water projects, rural health care and broadband expansion.  Romero said this:

“Those are the once-in-a-lifetime things we should invest in while not growing our recurring budget.”

COMMENTARY AND ANALYSIS

While hundreds of bills dealing with crime, the economy, public schools and more will be filed during the session, the state’s revenue bonanza will be at the forefront of many Roundhouse debates.  During the 2023 legislative session, there is little doubt that  debate will be  hot and heavy on how to spend the historic surpluses.

There is indeed a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and major  bridge repair across some of the most rural parts of the state with an estimated cost of $500 million, funding for wastewater projects, dams and acequia projects, the courts, law enforcement and the criminal justice system, funding for our behavioral health care system, job creation endeavors,  economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits are all likely topics of discussion during the upcoming 2023 legislative session. All merit serious consideration and funding with the historic surplus.

Not at all surprising, some lawmakers have called for spending restraint despite the revenue windfall, saying a drop in oil prices and a possible global recession could mean a big drop in state revenue collections within the next several years. Senator Stuart Ingle, R-Portales, the state’s longest-serving legislator, had this to say:

“I think we better be real, real careful. … We just need to make sure we don’t overspend so much that down the road we have to find ways to fund or cut.”

What is also not at all surprising are fiscal conservatives, especially Republicans, calling for tax cuts and rebates.  Whenever surpluses in state revenues occur, such as this year especially, Republicans always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to go.

The Republican tired and old political dogma has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It appears the Governor has bought into the argument. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety.  If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.

MAJOR CAPITAL OUTLAY PROJECTS SHOULD BE IN THE MIX

The reality is that most if not all of the major priorities being identified in both the Governor’s proposed budget and the LFC proposed budget  for the 2023 legislative session will require reoccurring funding and revenues from taxation. What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the general public and that improve the overall quality of life. Roads and water projects are such priorities, but are not exclusive.

It is very disappointing is that Governor Michelle  Lujan Grisham and the Legislative Finance Committee budgets totally ignore  advocating for major capital outlay projects that could be transformative for the state and that improve the overall quality of life. Roads and water projects are such priorities, but are not exclusive.  Most if not all of the major priorities identified in both the Governor’s and the LFC Budget for the 2023 legislative session will require reoccurring funding and revenues from taxation.

Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities, such soccer stadiums, and entertainment venues. Some lawmakers have already come forward with different ideas on how to spend some of the state’s budget surplus, including the building of a high-speed train crisscrossing New Mexico from north to south.

The Governor and the legislature should listen and fund such projects while they can. For the last two years, the New Mexico United soccer team has been trying to get taxpayer money to build a soccer stadium. In 2020, the soccer team was able to secure $4 million in state funds.  In 2021, Albuquerque taxpayers were asked to support a bond to pay for the stadium, but it was rejected. With a $3.8 in surplus revenue, the legislature should consider fully funding the facility which will be about $16 million.

Other major capital outlay facilities  and projects  that has been discussed for decades is improving the New Mexico State Fair and all of its aging facilities.  In particular, demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility with the capacity of upwards of 20,000  has been a dream of many a Governor, State Fair Commission and Fair Managers.

On February 25, 2019 it was reported that there is a need for such a facility and EXPO New Mexico was in  the final stages of conducting a feasibility study on the construction of a new arena on the state fairgrounds.  Tingley Coliseum has been around since 1957 with capacity for 11,000. Over the years it’s been remodeled and upgraded but it is still a state fair rodeo venue. The state and Albuquerque for decades has needed a large capacity, multipurpose entertainment venue of upwards of 20,000.

https://www.krqe.com/news/officials-want-to-build-new-arena-on-state-fairgrounds/

https://www.krqe.com/news/expo-new-mexico-looking-into-new-arena-to-replace-tingley-coliseum/

FINAL COMMENT

During the 2023, 60 day legislative session that begins on January 17 , there will be a consolidation and a consensus budget formulated that lawmakers will then approve for the fiscal year that will start on July 1, 2023 and end June 30, 2024.

Indeed, the 2023 legislative session could very well turn out to be a “once in a century opportunity” to really solve many of the state’s problems that have plagued it for so many decades.  It should also be viewed as an opportunity to build facilities that are needed and that will have a lasting impact on the state’s quality of life for decades to come.