On October 30, the Albuquerque Office of the Inspector General (OIG) released a scathing 27 page report that found the Mayor Tim Keller Administration had misused taxpayer money to the tune of more than $97,000 to write, edit, print and publish 598 copies of a book entitled  “City at the Crossroads: The Pandemic, Protests, and Public Service in Albuquerque”.   The book became controversial when released as critics charged that it was nothing more than political propaganda paid for by taxpayers  to promote Mayor Tim Keller and his administration. The book includes a chapter dedicated to Keller called “the Metal Mayor”,  several dozen photos of Keller, and an introduction written by Mayor Keller and a foreword written by his wife Elizabeth J. Kistin Keller as first lady of the city.

You can read the entire 27 page OIG report at this link:

https://www.cabq.gov/inspectorgeneral/documents/22-0189-c-report-of-investigation.pdf/view

The book is  230 pages long and is listed on AMAZON for $19.99 with Joline Gutierrez Krueger identified as the author and a 2.5 star rating out of 5 stars with the following content description:

“As COVID-19 jammed Albuquerque’s famous Route 66, businesses adapted or closed; as case numbers rose, public health needs changed and tensions flared. Add to the long haul of COVID-19 a summer of political unrest, the murder of George Floyd, and protests about historic statues and memorials, and 2020 was one for the books. City at the Crossroads helps preserve the history of pandemic year one in Albuquerque, as journalist Joline Gutierrez Krueger reports on how the city’s government and citizens came together to weather change.”

The Office of inspector General went to far as to label the book “a waste” of taxpayer funds and said this:

“The OIG considered whether it is reasonable to believe, that in the event of another pandemic, someone would seek out and read a book of anecdotal stories as a guide of how to navigate such a crisis. …  Obligating the taxpayer’s monies to fund a book that promoted the administrative achievements during the pandemic and where a calculated value may never be known appears to be a waste.”

The OIG report relies on and quotes and interviews with someone who worked closely on the project. They reportedly told OIG  inspectors:

“The Mayor wanted to document the unprecedented time as City leaders were scrambling to adapt to the pandemic. The idea was to chronicle this event in case another pandemic happens again. People can go back and look at it as a resource, what was useful, and what wasn’t.”

The report did not find enough evidence supporting claims the city violated its purchasing ordinance or the state’s anti-donation clause producing the book.  However, the OIG report suggested evidence of possible favoritism and conflict of interest.

Although a total of 598 copies of the 230 page book were published, as of June 9, almost 500 remained unsold, with some stored in the office of a contractor associated with the book, a few held at city libraries and others still available for purchase at a museum shop. Taking into account the total project costs, the price per book purchased totaled $141.17 each.

Just 91 copies, priced at $19.99 per book on Amazon, were sold directly to consumers. Ten books were sold to the museum for $10 each and at a loss in that the OIG calculated that each book cost $10.25 to print.  According to the OIG report anyone who asked for a copy was given one for free.

Mayor Tim Keller’s name is largely absent from the OIG report, with just 3 mentions of the mayor. The OIG report focused primarily on the costs associated with the project, a lack of documentation of how contractors were chosen and errors in official documentation.

The contractor was identified only as “Employee 1” or E1, in the OIG  report. But in 2022, the Albquerquerqu Journal reported that it was Amanda Sutton who was contracted by the city to work as a project manager for the book and later began working for the city in a permanent capacity. According to her LinkedIn, she started as a “Special Projects Manager” for the city of Albuquerque in July 2022.

Presuming “Employee 1” or “E1” is Amanda Sutton, she was paid $44,190, or $90 per hour, for work on the book, and $5,760 from other projects with the city. “E1” described the writing process as “chaotic,” adding that it was sometimes “unclear on who was directing.”

Besides the misuse of funds, the OIG report found that One Albuquerque Fund’s  in printing and publishing the books was overstated in the memorandum of understanding between the nonprofit and the city. The One Albuquerque Fund is a city endowment fund set up by Keller himself who solicited donations from the private sector to pay for city projects above what is already paid for by the city.

ALBQUERQUE JOUNRAL SUFFERES EMBARASSMENT

The Albuquerque Journal took special interest in the story and suffered an embarrassment when it was revealed that the book was written by none other than longtime Albuquerque Journal columnist Joline Gutierrez Krueger.  It turns out Gutierrez Krueger was paid $44,700, or $60 per hour, by the city of Albuquerque to write the book without her informing the Journal editors nor getting the papers permission. Gutierrez Krueger contracted with the city while still employed by the Albuquerque Journal which was a violation of the papers policy that prohibits moonlighting for government entities to avoid conflicts of interest. The Journal issued the following statement:

“Gutierrez Krueger contracted with the city while still employed by the Journal, a violation of company policy that prohibits moonlighting for government entities to avoid conflicts of interest.”

But for the fact that Gutierrez Krueger was about to retire, her authorship of the book could have likely been used as grounds for termination by the paper.

Former Journal Editor Karen Moses wrote in a column that the 2018 freelance policy prohibits writing for “any organization or person related to a political party, candidate, or government agency.” Gutierrez Krueger said she was already planning to retire at the time and knew the book would be published after her departure from the Journal. It is more likely than not it was planned that the book would be published after she retired. She said there was a “clear  red line” between her Journal column and the work on the book, which she said was completed on her own time, and she was not in contact with the Mayor’s Office besides interviews.

Gutierrez Krueger said she didn’t think there was a conflict of interest during her time at the Albuquerque Journal. She said she was honored to be selected as the author and bring to light the work public officials took to “keep the city afloat” during the pandemic. Gutierrez Krueger said  she wasn’t interviewed by the OIG, and said the original call for an investigation came from people with “political agendas” which is a not so  suttle reference to Conservative Republican City Councilor Dan Lewis who made a big stink about the book when it first came out and who ran and lost to Keller in a landslide in 2013.

Gutierrez Krueger was is very critical of the OIG report and said she  stands behind the book saying the book was not about Tim Keller. She says it’s instead about people who struggled, like store owners and nurses, during the pandemic.  Gutierrez Krueger said this:

“The OIG report does a disservice to those people. … I think that’s what makes me the saddest, is these are stories, I think, and these are people that should be known by their community. And with this negativity, I worry that, you know, people are going to get the wrong idea of what the book was.  … I never worked directly with the mayor on any of this. He was never… I never, like, sat down with him to discuss what he was envisioning. …  I had to interview him, obviously, for the book because you can’t write a story about the city and not write about the mayor. That’s as far as it went for me. The joy of writing it, for me, was writing these stories. …  I think one of the reasons the book struggled is people made criticisms of the book without reading it.”

Links to quoted and relied upon news sources are here:

https://www.koat.com/article/albuquerque-city-pandemic-book/45804404

https://www.abqjournal.com/news/city-spent-97k-on-book-about-itself-report-calls-that-a-waste-of-taxpayer-money/article_4fe6b7a6-79b6-11ee-8e2b-9347ec7bcbb6.html

KELLER ADMINISTRATION RESPONDS TO OIG REPORT

Keller Administration officials said the book was not intended to promote the Keller  administration, but to promote “the voices of Albuquerque.” Arts and Culture Director Shelle Sanchez said the department stands by the book, the author and the effort behind it.  Sanchez in a statement about the report said this:

“The Department of Arts & Culture stands behind and supports this book project, the author, and the exceptional effort that went into the book’s creation. Books like this one are important and lasting resources. Arts & Culture regularly publishes or co-publishes books centered on arts, culture, and exceptional times in our city’s history, and we will continue to do so. We strongly object to the Office of Inspector General equating “misuse or waste” with “profit,” as it is inaccurate and misleading.

The OIG does not provide clear or objective evidence to substantiate the allegation of misuse or waste of public funds. The OIG has demonstrated biased behavior, overreach of authority, and failure to adhere to established auditing protocols, raising serious concerns about their impartiality. A recent change to the OIG ordinance has created a structural lack of independence, violates national standards, and has further politicized the office.“

The link to the quoted and relied upon news source is here:

https://www.kob.com/new-mexico/report-albuquerque-pandemic-book-wasted-taxpayer-money/

CONSERVATIVE REPUBLICAN CITY COUNCILOR DAN LEWIS REACTS

It was a year ago that Conservative Republican City Councilor Dan  Lewis publicly asked for an investigation into the book to identify if the purchase violated city purchasing rules and regulations and had any public purpose. When the book was released, Lewis said there was evidence of misuse that warranted asking the OIG to investigate.

Lewis issued the following statement about the OIG report:

“The Office of the Inspector General substantiated serious allegations that the Mayor misused and wasted public funds. Among other findings of misuse and waste, the report specifies the City spent more than $97,000 to create a book and sold only 91 copies to the public. The administration does not appear to take the findings seriously when they dismiss this damaging report as “sharing their short book report.”  Unfortunately, the Mayor ignored and ridiculed the investigation. The Inspector General should forward findings to the appropriate law enforcement partner such as the FBI and U.S. Attorneys office.”

The link to the quoted and relied upon news source is here:

https://www.kob.com/new-mexico/report-albuquerque-pandemic-book-wasted-taxpayer-money/

Lewis disputed  that his call for an investigation was politically motivated and said it is routine for councilors to refer potential issues to the OIG. Lewis cited the department response characterizing part of the OIG report as a “short book review” as evidence the administration was “mocking” the office.  Lewis said this:

“Maybe this administration would take it seriously [if the FBI or AG investigated]. … I’m just doing my job. … I’m not running for anything.”

LEWIS NOT THE ONLY CRITIC

The Republican City Councilor Dan Lewis  is not the only critic who  noticed how frequently the Mayor Tim Keller  is mentioned in the book. Paul Gessing with  the conservative taxpayer watch dog group Rio Grande Foundation said this:

“I saw a chapter, ‘The Metal Mayor” said Gessing as he flipped  through the book and he said  “There’s the mayor. Yeah. I mean, we’re less than halfway through the book, and he’s already in there about ten or so times… It is a way to promote the mayor. And that’s where we really have a big problem with it.”

https://www.koat.com/article/albuquerque-city-pandemic-book/45804404

The links to all cited and quoted materials and news sources are here:

https://www.cabq.gov/inspectorgeneral/documents/22-0189-c-report-of-investigation.pdf/view

https://www.abqjournal.com/news/city-spent-97k-on-book-about-itself-report-calls-that-a-waste-of-taxpayer-money/article_4fe6b7a6-79b6-11ee-8e2b-9347ec7bcbb6.html

https://www.kob.com/new-mexico/report-albuquerque-pandemic-book-wasted-taxpayer-money/

https://www.koat.com/article/albuquerque-city-pandemic-book/45804404

https://www.krqe.com/news/politics-government/book-published-by-city-of-albuquerque-is-causing-controversy/

COMMENTARY AND ANALYSIS

It is downright laughable that Conservative Republican City Councilor Dan Lewis says with a straight face “I’m just doing my job. … I’m not running for anything.”  It’s laughable because Lewis, within days after being elected in 2021 to return to the city council, said privately to supporters he is running for Mayor again in 2025. He wants a repeat of his 2013 race against Keller who is likely running for a third term.

Although the Office of Inspector General raised and answered the legitimate question if taxpayer funds were spent appropriately and found it to be a waste of taxpayer money, the OIG still did not find anything illegal ignoring the extent Keller benefited from it personally as politcal promotion. The OIG  went only so far as to make made recommendations to the city on how to tighten up its controls on the city’s purchasing ordinance.

The city’s personnel rules and regulations make it clear that City property may not be used for personal gain nor profit.  If a full-time city employee, not an elected official such as Keller, had used city resources for personal usage or gain, it would have been a violation of the city’s personnel rules and regulations and it would be grounds for termination.  But Keller is the elected Mayor and he is not governed by the city’s personnel rules and regulations like all the other 6,000 city employees and so he gets away with it.

The blunt reality is nothing further is going to happen with the OIG report and no one will be held accountable.   The Keller Administration arrogantly responded that the OIG report “findings were inaccurate, misleading, oversimplification of this investigation”  and further said “We stand behind the book, and we know the IG doesn’t like the book.”

https://www.koat.com/article/albuquerque-city-pandemic-book/45804404

WHITE KNIGHT AGAINST WASTE, FRAUD, AND ABUSE

When Mayor Tim Keller assumed office on December 1, 2017, he instantly began to take photo ops and press conferences to an all-new level by attending protest rallies to speak at, attending marches, attending heavy metal concerts to introduce the band, running in track meets and suiting up as the quarterback to participate in exhibition football games and enjoying reliving his high school glory days, and posting pictures and videos on his FACEBOOK page. He even posts his press conferences on FACEBOOK.

Then in 2021, the pandemic hit the city and hit it hard.  The pandemic turned out to be just another opportunity for Keller to promote himself. During the pandemic, Keller  held weekly press conferences promoting what the city was doing akin to what Governor Lujan Grisham did with the state.  Keller also held “town hall” meetings by phone calling thousands using the 311 frequent citizens contact list orchestrated by his long time pollical consultant  who Keller hired to work for the city 311 citizen contact center paying him $80,000 a year and who reported directly to Keller. Keller  secured funding from the city council to hand out $50,000 in grant checks to small businesses and did so by use of a “drive up service” to give out the checks personally as the TV cameras were rolling.

Ostensibly, Keller was the only elected official interviewed with his own chapter in the book and there is little mention of the Albuquerque City Council.  So much for Keller’s ONE ALBUQUERQUE slogan.  The book “City at the Crossroads: The Pandemic, Protests, and Public Service in Albuquerque” is  Keller promoting what he did during the pandemic proclaiming it to be leadership. Absent from the book is any substantive discussion of the vital role of the Albuquerque City Council and it expanding the emergency powers of the Mayor and allocating funding to the various departments to deal with the crisis’s and allocating funding for grants to help the business community.

In 2017 when then State Auditor Tim Keller was running for Mayor, he was swept into office riding on a wave of popularity he orchestrated as State Auditor for a mere 1 year and six months of his 4-year term in office. He proclaimed he combated “waste, fraud and abuse” in government and promising “transparency”. He took advantage whenever he could to call out government officials wasting taxpayer funds.

Now that he is Mayor, Tim Keller has had no problem with “waste, fraud and abuse” within his own office as long as it has his name on it,  promotes his career and his accomplishments.  “City at the Crossroads: The Pandemic, Protests, and Public Service in Albuquerque” is nothing more than a book that chronicles Mayor Tim Keller’s self-centered, self-absorbed governing style during the pandemic where public relations was proclaimed public service.

The Bernalillo County Clerk’s Office has announced that the City Council District 6 runoff race is scheduled for December 12. Early voting starts Tuesday, November 21, and runs until Saturday, Dec. 9, from 10 a.m. to 7 p.m. at five early voting convenience centers. The voting sites will be closed for the Thanksgiving weekend. On December 12, voters can head to one of 10 Election Day voting convenience centers from 7 a.m. to 7 p.m. Locations available at bernco.gov/clerk

District 6 largely covers Southeast Albuquerque and includes Nob Hill, the International District and areas around the University of New Mexico and includes the Meas Del Sol Area. District 6  is currently represented by the current City Council President and Progressive Democrat City Councilor Pat Davis who did not  seek a third term.

The two top vote getters in the November 7 election between 4 candidates who qualified for the ballot and who will be in the runoff are Nichole Rogers and Jeff Hoehn. Twenty-three percent of District 6 voters headed to the polls on or before Nov. 7, slightly above the overall average, while the city wide vote on November 7 was 19%.  The results of the November 7 election were:

Progressive Democrat Nichole Rogers: 40.14% (Total Vote 2,947, Absentee Vote: 373, Early Vote: 1,023, Election Day Vote: 1,551)

Progressive Democrat Jeff Hoehn: 32.42% (Total Vote 2,380,  Absentee: 378, Early Vote: 986 , Election Day Vote: 1,016)

Progressive Democrat Kristin Greene 17.94%  (Total Vote 1,317, Absentee: 181, Early Vote: 479,  Election Day Vote 647)

Progressive Democrat Abel Otero 9.51% (Total Vote 698,  Absentee:  124 ,  Early Vote:  217,  Election Day Vote 357)

https://www.abqjournal.com/election/2023-election-dates-set-for-district-6-runoff-election/article_3df0f74e-8007-11ee-b846-f39b8bc9033c.html

RUNOFF CANDIDATE PROFILES

Following are the candidates profiles in alphabetical order:

PROGRESSIVE DEMOCRAT JEFF HOEHN

Progressive Democrat Jeff Hoehn has a Master of Public Administration from the University of New Mexico, he is married to Charlotte Itoh and the couple have one child. He has lived in the district 21 years. He is the executive director of Cuidando Los Niños, a shelter and school for homeless children.  He has identified crime and homelessness as his top concerns for District 6.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-jeff-hoehn/article_86040c9c-646e-11ee-8e6e-5f3f903f9fa5.html

Hoehn’s approach to the homeless would differ significantly from Mayor Keller’s large shelters at the Gateway Center and Westside Emergency Housing Center. To combat homelessness and the housing crisis in the city, he would fund smaller, population-specific shelters that are attractive and safe for those who want help. He agrees that the Albuquerque Community Safety Department should be a proactive force that is on the streets every day, all day actively encountering individuals who are homeless so that they accept help or choose to relocate.

Hoehn advocates short-term mobile APD command units in high crime areas. He advocates for a dedicated team of police officers that can embed with the community, build trust and make the area unfriendly to criminal activity.   His crime proposals lean heavily on police and policing technology to get that done. Hoehn told the League of Woman Voters this:

“I advocate instituting short-term APD mobile command units in high crime areas. …  We must be strategic so that officers can spend their time preventing and addressing crime. Technology such as speed cameras has a role to play also.”

PROGRESSIVE DEMOCRAT NICHOLE ROGERS

Progressive Democrat Nichole Rogers is a certified Emergency Medical Technician (Basic) and has an  Associate of Arts and Sciences in Integrated studies from Central NM Community College (2012). She lists her occupation as a business consultant and financial adviser, She has  2 children, aged 15 and 6 years old and had lived in District 6 for six years.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-nichole-rogers/article_c891ab32-646e-11ee-8250-bb9887ac9743.html

Progressive Democrat Nichole Rogers identifies herself as a Black and Hispanic single mother and survivor of abuse. She has worked for the Mayor Tim Keller Administration as a policy advocate and community organizer.  Progressive Democrat Nichole Rogers cited poverty as her top priority if she is elected seeing it as an underlying cause of crime and homelessness. Rogers says too many families do not have what they need to survive much less thrive. Rogers says short-term solutions include getting the Gateway Homeless shelter  open and functioning and the long-term solution is addressing poverty.  She vows to work to implement a Universal Income pilot that will provide families with the financial boost they need. To combat homelessness and the housing crisis in the city, Rogers wants to increase the number of shelter beds as a short-term solution and from there increase “wrap-around services” to get the unhoused in permanent supportive services that will help them stay housed.

COMMENTARY AND ANALYSIS

The District 6 runoff election is expected to be very contentious with the exchange of charges and dueling press conferences and perhaps one or two debates between the candidates.

MAYOR TIM KELLER’S INFLUENCE

What is clear is that Mayor Tim Keller was involved with the campaign of Nichole Rogers from the get go and that it is likely to extend to the runoff.  Sources have confirmed that Mayor Keller workers contacted candidate Jeff Hoehn even before he announced.  They told Hoehn in no uncertain terms that he could not win and not to run and that he would not be receiving the support of Mayor Tim Keller. Sources have also confirmed that the paid political consultant for Kristin Greene contacted Hoehn and insisted that he not  run because he is not a minority and he could not win. Hoehn decided to run after he was convinced to do so by neighborhood progressive activists.

Rogers worked for the Mayor Tim Keller Administration as a policy advocate and community organizer.  Confidential sources confirmed that Rogers received significant help in collecting nominating petitions signatures and qualifying donations from at least 2 city hall employees who work directly for Mayor Tim Keller. Sources have also confirmed Democrat Progressive County Commissioner Adriann Barboa help collect nominating petitions and qualifying donations for Rogers using voter registration lists.  Both Barboa and Rogers are kindred spirits and have much in common. Rogers also has gone so far as to tell Progressive Democrats privately in the District that she is Mayor Keller’s candidate to replace Progressive Democrat Pat Davis who is a Keller ally.

ROGERS NEEDS MORE VETING, WITH EVEN  MORE QUESTIONS ANSWERED

Although Rogers came in first with 40.14% to Jeff Hoehn’s 32.42%, virtually 5 days before the election Nichole  Rogers candidacy and credibility was severely overshadowed and rocked  by news reports of impropriety. The reports were that Welstand Foundation, the nonprofit Rodgers founded and manages, was not in good standing with the New Mexico Secretary of State until recently, that she failed to file required legal documents with the NM Attorney General for charitable organization Welstand Foundation, failed mandatory declarations of income with the Internal Revenue Service which resulted in her nonprofit losing its federal 501 C 3 status as a charitable organization. It was also revealed that she still did fundraising for the none profit she formed after it lost 501 C 3 status and that she did not make full disclosure of what was raised and what it was expended on.

When the news reports first broke, Rogers admitted that she mishandled her charitable non-profit, which benefited from both private contributions and COVID relief money.  In classic last minute politcal spin to salvage her campaign, Rogers said her conduct was not disqualifying.  Rogers said this:

“I am a person who has had successes and has had failures. But I really believe in failing forward. When you know better, you do better and I’m someone who can teach folks to watch out for these pitfalls.” 

“Failing forward?”  How about just not failing by following the law?  Up and until the allegations were made, Rodgers had momentum and the allegations no doubt had an impact on her final numbers, but early voting and absentee voting had already occurred with the news reports made 5 days before the election.

It is very difficult to understand how a candidate for Albuquerque City Council can hold herself out as a business consultant and financial advisor given her failures to file in a timely manner mandatory documents with the IRS, the New Mexico Attorney General, and the Secretary of State for a charitable organization she created.

The most troubling question that needs to be answered by Nichole Rogers is exactly how much was she able to raise for her foundation since its creation in 2019 and where did the money go and what was it used for?  No one knows, except Nichol Rogers.   Forms are required annually of every 501(c)(3) nonprofit. Those forms are essentially a nonprofit’s income and expense report, allowing oversight of what revenue and donations were brought in, and how and where the money was spent. Not only does it provide financial oversight, but it ensures that a nonprofit’s spending is in accordance with its mission.

The IRS sends compliance letters, so pleading ignorance of the filing requirements is not a valid excuse. The IRS will not revoke a 501(c)(3) organization’s tax-exempt status unless the nonprofit has been out of compliance on filing of the forms  for three consecutive years. This is what finally happened with the Welstand Foundation. Its tax-exempt nonprofit status was revoked on May 15, 2022. It was  also listed as “Not In Good Standing” by the NM Secretary of State website as of October 20, 2023, but that has now changed.

A simple search on the NM Attorney General’s charity registry reveals no 990s have been filed with the office.  Nichole Rogers posted on the Nextdoor.com social page in mid-October 2023 that  she had closed the Foundation in 2020.  That statement appears to false because in a more recent post on Nextdoor.com she stated she closed the nonprofit down in 2021.

It is clear that the Welstand Foundation continued to seek donations after after it was supposedly closed and did in fact bring in unreported revenue. Not only has the trust of private donors been violated, the public’s trust has been violated. The City of Albuquerque gave the Welstand Foundation at least $15,000, which has also never been fully accounted for by Rogers.

Other questions that Nichole Rogers needs to answer before the runoff election include:

Will Nichole Rogers seek more city funding to benefit Welstand Foundation or does she intend to step down from its management or dissolve the corporation if she is elected?

Will Nichole Rogers continue with fundraising efforts for Welstand Foundation if she is elected and to what extent?

Will Nichole Rogers engage in lobbying efforts on behalf of Welstand Foundation before the New Mexico legislature as a registered lobbyist if she is elected and to what extent will she lobby on behalf of the city?

In the interest of full disclosure and transparency as a candidate for city council, Nichole Rogers should release her personal income tax returns as well as those of Welstand Foundation so that a comparison can be made and her sources of income can be disclosed as to what extent she has personally benefited from her fund raising activities for the corporation.

Expect far more on Nichole Rogers background to come out during the run off as she is further vetted by the media.

ENDORSEMENTS BY OTHER CANDIDATES

Progressive Democrat Abel Otero who dropped out of the race but who nonetheless garnered 9.51% of the vote immediately endorsed Nichole Rogers. What was surprising is that Nichole Rogers distanced herself from the endorsement saying she did not ask for it even though she knew outgoing City Councilor Pat Davis had endorsed Abel Otero early on.

Progressive Democrat Kristin Greene who came in third and who garnered 17.94% of the vote, has endorsed Progressive Democrat Jeff Hoehn. Greene endorsed Hoehn in glowing terms saying Hoehn is the best candidate to represent the District.

Current District 6 City Councilor Pat Davis has yet to make any endorsement.  

CONCLUSION

The blunt reality is that the biggest challenge for both candidates will be voter turnout. District 6 voters can expect a campaign of political flyer mailings and personal door to door canvassing and social media posts.  Despite all the campaign activity, it is doubtful that the election turn out will be any higher than 20% and likely will be in the neighborhood of 12%. So is the discouraging reality of municipal runoff  elections.

If you live in District 6, please vote. Too much is at stake for District 6.

The links to related Dinelli blog articles are here:

District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant;  Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will  Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?

https://www.petedinelli.com/2023/11/07/november-7-election-day-for-abq-city-council-abq-school-board-and-general-obligation-bonds-polling-locations-please-vote/

Update On November 7, 2023 ABQ City Council Races; One Candidate Drops Out After Exposed For Falsehoods; Voter Fraud Alleged In District 4 With One Registration; Candidates Identify Biggest Issues And Solutions Facing Districts; Mayor Tim Keller Operatives Helping 3 Council Candidates To Insure His Influence Over City Council For His Politcal Agenda As He Plans To Run For Third Term In 2025

On Sunday, November 12, and November 8, the Albuquerque Journal published the following two opinion guest columns.  Taken together, the guest columns highlight  a recent District Court ruling granting an injunction against the city and the Albuquerque Police Department from enforcing state laws and city ordinance that prevent the proliferation of homeless encampments throughout Albuquerque on public land and open spaces. Further, on November 8, Bernalillo County District Attorney Sam Bregman announced the filing of an amicus brief siding with the city.

NOVEMBER 12 GUEST COLUMN BY PETE DINELLI

HEADLINE: NM Supreme Court must quash misguided ruling on ABQ homeless

By Pete Dinelli, former Albuquerque city councilor and former chief public safety officer for the city

“On Dec. 19, 2022, the American Civil Liberties Union and the New Mexico Center on Law and Poverty filed a class-action lawsuit against the city on behalf of the city’s homeless, alleging civil rights violations during the closure of Coronado Park, which had become [Mayor Keller’s] “de facto” city sanctioned homeless encampment.

Over three years, crimes involving the homeless spiked at the park with four murders, six stabbings, rapes and drug dealing. APD was dispatched to the park hundreds of times each year until its closure.

In 2022, APD seized at the park 4,500 fentanyl pills, more than 5 pounds of methamphetamine, 24 grams of heroin and 29 grams of cocaine. The lawsuit was filed to stop the city from destroying encampments of the unhoused wherever found and seizing or destroying personal property of the homeless.

On Sept. 21, state District Court Judge Josh Allison entered a preliminary injunction against the city from “enforcing or threatening to enforce” statutes and city ordinances to displace the homeless from public spaces. The injunction became effective November  1.

The court enjoined the city from seizing and destroying homeless belongings and mandates a warrant with post-property deprivation hearings. The city is appealing the injunction arguing it is “a dangerous ruling that severely limits the city to keep our city clean and safe, while getting people connected to the help they need.”

The injunction usurps the city’s right to take necessary and preventative action to protect the public health, safety and welfare with the enforcement of public safety laws involving the homeless.

Judge Allison essentially ruled the unhoused, because of their homeless status and because there is insufficient housing offered by the city, have the right to violate the law and illegally camp wherever they want for as long as they want without government interference. Judge Allison found “the City is not constitutionally obligated to provide housing for homeless people,” yet he ruled the city cannot “threaten” to enforce the laws against the homeless until the city provides sufficient shelter for all, ignoring many chronic unhoused refuse city services.

APD is under a court-approved settlement in a federal lawsuit involving jail overcrowding wherein the city agreed not to make arrests for nonviolent crimes, such as trespass on public and private property, illegal camping on all city parks and streets, rights of way, alleyways and open space to prevent jail overcrowding. APD is relegated to merely encouraging or telling the homeless to move on and camp elsewhere with no arrest and taking them to jail. Judge Allison has now enjoined such conduct.

The city cannot simply ignore laws that have the purpose of preserving and protecting the public health, safety and welfare of its citizens. Unlawful encampment of homeless squatters who have no interest in any offers of city shelter, beds, motel vouchers nor alternatives to living on the street and who want to camp at city parks, on city streets, in alleys and trespass in open space give the city no choice but to take action and force them to move on.

Judge Josh Allison’s injunction prohibits the city from instructing the homeless to move on, labeling it a “threat of an arrest” that will never happen because of a federal jail overcrowding case.

The New Mexico Supreme Court needs to quash the injunction immediately.”

The link to review this guest column along with a photo of Richard Aragon, who has been experiencing homelessness for two years, as he occupies the sidewalk at Prospect NW near Second in Albuquerque is here:

https://www.abqjournal.com/opinion/span-class-print-trim-opinion-span-nm-supreme-court-must-quash-misguided-ruling-on-abq/article_dbbb564a-7e90-11ee-a1db-4b0857264a94.html

NOVEMBER 8 GUEST COLUMN BY ROBERT JACKSON

On November 8, the Albuquerque Journal published the following guest column:

HEADLINE: Are we willing to put up with homeless camping in public?

By Robert Jackson, Albuquerque resident

“The Oct. 29 Journal op-ed by the ACLU … emphasized society’s obligations to care for the homeless and needy — but what about caring for the rest of us?

A recent court decision leaves public spaces … open to encampments without regard for their intended usage. City parks are especially at risk of being overrun by [homeless] encampments.

Let’s get this straight — we aren’t discussing homelessness. Heading Home says the vast majority of the newly homeless are housed within 72 hours. People living unhoused in camps, however, are generally drug- or alcohol-addicted, mentally challenged, and/or those simply enjoying a life with no responsibilities to themselves or others.

Being unhoused is, generally speaking, a choice. And the vast majority of the unhoused don’t want intervention since they don’t want to change their lifestyle — anyone who thinks otherwise is delusional.

Government authorities offer a vast array of services to help the unhoused, with some accepting help, but most refusing. When the city closed Coronado Park, campers were warned weeks in advance. They were offered services, housing vouchers, everything the city had to offer.

When the park was closed, reporting by the Journal showed most of them had housing vouchers in their pockets. All were offered vouchers — most chose not to use them, making a conscious decision to remain unhoused. Outfitted with tents, sleeping bags, bikes and shopping carts, they were fully prepared to continue their life on the street.

The people in encampments across the city share a commonality. They are generously, some might say lavishly, supported by Social Security disability payments, state welfare payments, food stamps, Medicaid, housing vouchers, city issued cellphones, free bus service, NGO food services, bed space, medical and dental services and the generosity of gullible enablers who give them money for tattoos and cigarettes.

Now, thanks to a recent court decision, the deliberately unhoused can camp wherever they want on public lands (in Bernalillo County unless on school property or dangerously blocking a sidewalk or other public right of way)

Unsanitary conditions, used needles, trash, litter and debris be damned — they’re free to do what they want, imposing themselves upon the rest of us with impunity. Is this truly what people are willing to put up with? Are we content to accept this new reality?

Yes, continue offering housing vouchers, addiction and psychological services. But implement a carrot and stick approach to leverage people into using these services or lose their government support.

Isolate the burdens the deliberately unhoused impose on the rest of us by swiftly licensing limited numbers of regulated encampment spaces.

Enforce laws against theft or possession of stolen shopping carts, or create a bounty on their recovery.

Enforce laws against littering and loitering

Treat public urination, defecation and used needles for what they are, a bio-hazard and public health threat.

Finally, the city has to get a spine — legal action is required to remedy the carte blanche legal access bestowed upon anyone who wants to camp in parks, medians, and other public property. These areas are intended for the public at large, not the select few who have no regard for others, no public decency or any sense of personal responsibility.”

The link to the Journal guest column by Robert Jackson along with a photo of a homeless encampment near the intersection of Utah and Zuni avenues in Southeast Albuquerque is here:

https://www.abqjournal.com/opinion/are-we-really-willing-to-put-up-with-homeless-camping-in-public/article_c16a4c28-78ec-11ee-aaa4-a756286efcd2.html

BERNALILLO COUNTY DISTRICT ATTORNEY FILES AMICUS BRIEF

On November 2, it was reported that Bernalillo County District Attorney Sam Bregman’s office  has filed an amicus brief or friend of court brief, in the ACLU lawsuit brought against the city to try to get more flexibility on how the city deals with  unhoused people. Bregman said this:

“As the district attorney, I’m charged with enforcing the laws of the state of New Mexico. And too many times what comes across my desk is the fact that the homeless, the unhoused, are actually victims of horrific crimes. … I don’t have to look past two days ago …. when a jury came back and convicted [Jeremy Garcia] … of second-degree murder for intentionally running someone over at [Coronado Park] … homeless encampment.  …

I do believe that we need to focus on long-term housing, but also short-term. We need to make sure we provide enough beds for anybody that is experiencing homelessness and we need to make sure we’re doing it the best we can as far as providing resources. 

… We can’t accept the idea that we just have to let  [the homeless] be. And in other words, we don’t give them the help homeless people need and the community just has to accept it. … It’s not, it’s not acceptable. We need to make sure we get them the resources they need. But at the same time, we need to be able to enforce the law.”

The link to the quoted news source is here:

https://www.koat.com/article/new-mexico-homeless-people-rules/45716458

The link to a related Dinelli blog article on the ACLU lawsuit is here:

Judge Enjoins City From “Enforcing Or Threatening To Enforce” Laws Against Homeless To Displace Them From Public Spaces, Seizing And Destroying Homeless Belongings Without Warrant, Mandates Post-Deprivation Hearings; Injunction Usurps And Interferes With City’s Legitimate Enforcement Of Public Safety Laws; City Will And Should Appeal; County Sheriff Should Start Arresting And DA Should Start Prosecuting

“Safe Outdoor Spaces” are organized, managed homeless encampments with 40 designated spaces for tents that allows for upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. On June 6, 2022 despite significant public outcry opposing Safe Outdoor Spaces the Albuquerque City Council enacted the legislation and passed it on a 5 to 4.  The Integrated Development Ordinance (IDO), the city’s land use ordinance,  sets a limit of two in each of the city’s 9 council districts. Although the Integrated Development Ordinance amendment sets a limit of two in each of the city’s 9 council districts, the cap would not apply to those hosted by religious institutions.

AMERICAN CIVIL LIBERTIES UNION SUES CITY

On Monday, December 19, 2022 the American Civil Liberties Union of New Mexico, 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 over the closure of Coronado Park which has become a de facto city sanction homeless encampment. The Plaintiffs allege they were displaced from Coronado Park when the city closed it and that the city did not provide satisfactory shelter options to them although the city did give notice and offered shelter and services, including vouchers.  According to an ACLU, the lawsuit was filed to stop the City of Albuquerque from destroying encampments of the unhoused all over the city, seizing and destroying personal property and jailing and fining people.

On September 21, State District Court Judge Josh Allison entered a Preliminary Injunction against the City of Albuquerque from “enforcing, or threatening to enforce as a means of seeking compliance with, any statutes and ordinances against involuntarily unhoused people that prohibit a person’s presence in, or the presence of a person’s belongings on, outdoor, public property.” The Court also enjoined the city from seizing and destroying homeless belongings and mandates a warrant and post deprivation hearings regarding personal belongings seized. The injunction prohibits the city from punishing “the mere presence” of homeless individuals on public property due to a lack of beds made  available to then by the city. That includes moving people camped on public property, with a few exceptions, and seizing the belongings of people staying on the street. The Court “ further enjoined from seizing any unabandoned property belonging to a homeless person that is not contraband or is otherwise unlawful to possess without” a warrant.  

Immediately after the ruling, the City Attorney’s Office announced it was appealing the injunction ruling to the New Mexico Supreme Court requesting that the injunction be set aside. The injunction went into effect on November 1. In addition to filing the appeal, the city announced it has been taking steps to provide more shelter for the homeless.  On November 1, City officials said the city is already doing much of what the judge is requiring them to do in the injunction.

FIEBELKORN CLAIMS RESOLUTION IN RESPONSE TO COURT INJUNCTION

District 7 City Councilor Tammy sponsored Resolution R-17 claiming she  sought to address the court injunction by making available to the homeless city sanctioned Safe Outdoor Spaces to camp.  The resolution called for suspending all administrative appeals of safe outdoor spaces by the general public.  Under the resolution, the decisions of the Planning Department with regard to applications for Safe Outdoor Spaces would be deemed final administrative decisions.  Those decisions granting the applications would not be subject to appeal to the Land Use Hearing Officer nor the City Council.

The bill directed city staff to quickly find 3 suitable locations for safe outdoor spaces for approval. Within 60 days the city would be required to provide more answers, including how many beds the city would need to house every single homeless person.

The Keller Administration has claimed it has been the public appeal process that has held up organizations attempting to set up the outdoor shelters. Currently, two safe outdoor spaces have successfully gone through the permitting process and are in operation. Both are attached to existing shelters and are only available to people with vehicles. City officials said there are no other Safe Outdoor Spaces in operation with one reason given being is the application process to run a site is too challenging.

According to Fiebelkorn, her resolution would immediately address the court injunction as the city works to increase the number of available beds without allowing encampments to proliferate in open spaces like parks and sidewalks. Fiebelkorn said this:

“There was a lot of applications but not a lot of folks that had all the legal knowledge and time to spend going through this permit process. So this [bill] kind of shortens that time frame, reduces the burden on people that want to apply for these, so we can do them quickly. …  It would just streamline the permit process so that we can get some of these up and going in the next 45 days or so. … I believe the long term solution is more overnight shelters, but right now we do not have enough of those to provide services to every person that’s homeless in our city”. 

CITY COUNCIL VOTES “NO”

On November 8, the Albuquerque City Council rejected Fiebelkorn’s R-17 on a 4 YES to 5 NO vote. Voting yes to approve were Progressive Democrats  Fiebelkorn,  Pat Davis, Isaac Benton and Conservative Republican Trudy Jones.  The same 4 had voted to allow Safe Outdoor Spaces in June. Davis, Benton and Jones are now lame ducks and chose not to seek another term and are leaving the Council come January 1. Voting NO were Conservative Republicans Dan Lewis, Renee Grout, Dan Lewis and Conservative Democrat Louie Sanchez  and moderate Democrat Klarissa Pena

In voting NO, Councilor Brook Bassan called removing the appeals process “undemocratic”.  Councilors Renée Grout and Louie Sanchez also said the no appeal provision made the bill a “nonstarter” for them as well.  Sanchez said the administration has a plan to address the injunction and increase the number of beds.

Carol Pierce, director of the city’s department of Health, Housing and Homelessness, said beds are available and the city has yet to run out. She hesitated to say the supply would remain sufficient as winter approaches. The department is using a new tool that tracks available beds, which Pierce said has already been useful.

Links to relied upon and quoted news sources are here:

https://www.kob.com/new-mexico/city-councilors-reject-safe-outdoor-spaces-pass-free-bus-fares-and-more/#:~:text=%E2%80%94%20The%20Albuquerque%20City%20Council%20rejected,a%20little%20over%20a%20year.

https://www.kob.com/new-mexico/city-councilor-considers-revamping-safe-outdoor-spaces-resolution/

https://www.abqjournal.com/news/metro-beat-how-did-the-city-council-vote-on-renewing-safe-outdoor-spaces/article_49ac0de6-7f42-11ee-aabd-030d20d0b2c9.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/city-councilors-reject-safe-outdoor-spaces-pass-free-bus-fares-and-more/#:~:text=%E2%80%94%20The%20Albuquerque%20City%20Council%20rejected,a%20little%20over%20a%20year.

COMMENTARY AND ANALYSIS

City Councilor Tammy Fiebelkorn was very disingenuous, calculating and very misleading with her sponsorship of R-128 and as she pushed for immediate action by a lame duck city council. In an October 20 newsletter, she wrote about and mischaracterized the pending legal case file by the ACLU against the city that is still pending trial and is also on appeal to the NM Supreme Court as it relates to the injunction. Her actions border on malfeasance in office because she  mislead her constituents as she mischaracterized the contents of the court ruling and the injunction and the actual purpose of the resolution.  She went so far as to say in her email to her constituents the city is seeking more “guidance” when in fact the city is appealing the entire ruling to the New Mexico Supreme Court seeking to have the injunction set aside or “quashed”.

Fiebelkorn in both her October 20 email to constituents and in her resolution fails to disclose why the city is appealing the injunction. The injunction usurps the city’s right to take necessary and preventative action to protect the public health, safety and welfare with the enforcement of public safety laws involving the homeless. Judge Allison essentially ruled the unhoused, because of their homeless status and because there is insufficient housing offered by the city, they have the right to violate the law and illegally camp wherever they want for how long as they want without government interference. Judge Allison found “the City is not constitutionally obligated to provide housing for homeless people” yet he ruled the city cannot “threaten” to enforce the laws against the homeless until the city provides sufficient shelter for all ignoring many chronic unhoused refuse city services.

The Albuquerque Police Department is under a court approved settlement in a federal lawsuit involving jail overcrowding wherein the city agreed not to make arrests for nonviolent crimes, such as trespass on public and private property, illegal camping on all city parks and streets, rights of way, alleyways and open space, shoplifting and prostitution to prevent jail overcrowding.  APD is relegated to merely encouraging or telling the homeless to move on and camp elsewhere with no arrest and taking them to jail.  Judge Allison has now enjoined such conduct.

NEVARIOUS PURPOSE AND INTENT OF RESOLUTION

Fiebelkorn’s resolution R-178 is very short but very broad in scope. If enacted, it would have obliterated the public’s right to appeal zoning decisions that affect neighborhoods.  The WHEREAS provisions of the resolution give background context that are very broad and very misleading on a number of levels.

What is disgusting is that the real intent and purpose of the legislation was to simply give the City Planning Department exclusive authorization to review and approve Safe Out Doors Spaces in all 9 city council districts on city owned land. The legislation would have eliminated the public right to appeal Safe Outdoor Spaces with the Planning Departments’ decision final and not subject to any appeals to the city’s Environmental Planning Commission and the Citizens Land Use, Planning  and Zoning Commission nor the city council.

Albuquerque City Councilor Tammy Fiebelkorn fails to understand there is pending litigation with a full trial still pending.  She needs to allow the Court process to complete itself rather than jumping the gun and sticking her meddling nose into the process of compliance. It’s the Keller Administration that is responsible for compliance and not the City Council.  Fiebelkorn needs to allow the city to continue with its efforts and the progress being made by the city to provide shelter.

Opposition to Safe Outdoor Spaces was shamelessly dismissed as “not in my backyard.” Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials such as Councilors Fiebelkorn, Davis, Benton and Jones and Mayor Tim Keller and city department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

Safe Outdoor Spaces became one of the most divisive issues dealt with by the City Council in 2023 and in some time. It not only divided the city council but also resulted in major opposition by neighborhood associations and homeowners. It was the right thing for the Albuquerque City Council to vote NO on Resolution R-17.

The link to a related blog article is here:

Disingenuous And Calculating City Councilor Tammy Fiebelkorn “Fast Tracks” Resolution To Eliminate Public’s Rights To Appeal “Safe Outdoor Spaces”; Resolution In Response To Court Injunction Prohibiting City From Removing Homeless Encampments; Fiebelkorn Resolution Empowers City Planning To Approve SOS Applications With No Public Appeal And No City Council Intervention; Council Should Vote No  

On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  On September 28, 2023, the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.”  The report spans the time period from 1999 to 2023.  The report was issued as a direct response to Gov. Michelle Lujan Grisham’s September  8  Executive Order 2023-0130, declaring a public health emergency due to gun violence.

Patrick Allen, Secretary for the Department of Health had this to say about the report:

“The findings of this report are clear: New Mexico faces an urgent firearm-related injury crisis. … The alarming surge in firearm-related injuries and deaths revealed in this report demands our immediate attention. We must work together as a community to implement effective interventions that will save lives and reduce the economic burden on our healthcare system.”

The link to review  the full 23 page report with elaborate graphs and pie  charts is here:

https://www.nmhealth.org/publication/view/report/8463/

KEY FINDINGS AND CONCLUSIONS OF REPORT

The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report with supporting graphs and pie charts are as follows:

INCREASE IN FIREARM-RELATED DEATHS

• Over the past two decades, New Mexico’s firearm death rates rose from seventh highest nationwide in 1999 to third highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
• While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

DEMOGRAPHIC AND GEOGRAPHIC DISPARITIES

• Men of all age groups were found to be at highest risk for firearm-related injuries and deaths.
• Racial/ethnic inequities: Non-Hispanic American Indian, Non-Hispanic Blacks, and Hispanics, experienced substantial increases in firearm injury death rates between 2017 and 2021.
• The Northeast and Metro Health Regions experienced a substantial increase in firearm injury emergency department (ED) visits over the past two years (Northeast: +30%; Metro: +22%).

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

Between 2019 and 2022, there was a 16% increase of patients being admitted to intensive care and a 61% increase in patients being transferred from ED to the operating room

SIGNIFICANT INCREASE IN ALCOHOL AND SUBSTANCE USE CONTRIBUTING TO INCREASED FIREARMS DEATHS

• Between 2019 and 2020, there was an 89% increase in alcohol dependence for homicides. involving firearms. Additionally, from 2018 to 2020, there was a 475% increase non-alcoholic substance dependence for homicides involving a firearm.
• Between 2018 and 2020, there was an 85% increase in alcohol dependence and a 120% increase in non-alcoholic substance abuse for suicides involving a firearm.

LACK OF SAFE STORAGE AS RISK FACTOR FOR FIREARM INJURY AND DEATH

• In 2022, 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
• In 2022, households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm.

RISING ECONOMIC IMPACT OF FIREARM INJURY TO NEW MEXICO HEALTHCARE SYSTEM

• The annual estimated overall cost of firearms injuries and deaths in New Mexico is $6 billion or $2818 per capita.
• Medicaid claims for firearm injuries in New Mexico increased by 85% from $6.5 million in 2018 to $12 million in 2022 (Figure 12).
• Between January 2023 and September 2023, Medicaid expenditures totaling $5.6 million have been spent on firearm injuries in New Mexico.
• Medicaid was the primary payer for 76% of gun injury hospital discharges in 2022 In 2021, the Department of Health with support of the CDC, developed a Statewide Strategic Plan for the Prevention of Firearm Injury (FASTER Report FINAL (unm.edu)) which is an important supplement to this document. Demographic Data on Firearm Injury.

AGE

New Mexican residents ages 18-29 and 30-49 have disproportionate risk for firearm injury ED visits (A This trend emphasizes the increased vulnerability of New Mexico’s younger residents. Furthermore, there has been a noticeable surge in firearm related ED visits among children aged 0-17, with particular concern for those aged 14-17

GENDER

The data reveals an unsettling gender imbalance with firearm incidents. Men account for a staggering 84% of all firearm injury ED visits. This overwhelming majority underscores the importance of gender-specific interventions, especially targeting young males, to address and prevent firearm-related incidents.

RACE & ETHNICITY

• Three groups have age adjusted firearm death rates that are increasing at a higher rate than the state (+91% for Non-Hispanic American Indian or Alaska Native, +72% for NonHispanic Blacks, and +78% for Hispanics vs. +47 for all NM residents) between 2017 and 2021.
• In addition, Non-Hispanic Blacks and Hispanics have higher age adjusted firearm death rates (45.2 and 27.8 respectively) compared to all New Mexico residents (27) in 2021.
• During the COVID-19 pandemic, race and ethnicity were key predictors of poor health outcomes, with American Indian, Hispanic/Latino and Black New Mexicans experiencing disproportionately high rates of infection, hospitalizations, and death from COVID-19.
• Historical discrimination (including racism) and lack of investments in communities of color including Sovereign Nations, Tribes and Pueblos have contributed to inequity in social factors that impact firearm related incidents such as education, housing, economic development, and opportunity.
• Additionally, research shows that stress and trauma due to racism, including historical trauma, have been shown to lead to poorer health outcomes and decreased life expectancy. This underscores the importance of addressing health equity and upstream risk factors as part of the framework for addressing and preventing firearm-related incidents.

HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

Gunshot injuries have wide-ranging and severe implications on individual well-being, often necessitating immediate and extensive medical care. Delving into the healthcare outcomes for gunshot victims reveals a concerning picture.

SEVERITY OF INJURIES

• Between 2019 and 2022, the number of patients in New Mexico’s trauma centers with firearm injuries has increased by 39%.
• The number of trauma center patients with firearm injuries being discharged from the ED to the intensive care unit has increased by 16%
• There has been a concerning 61% increase in gunshot injuries that required surgical interventions
• New Mexico ranked seventh highest in the U.S. in 1999 and 2011. The rank increased to third highest in the U.S. in 2021
• New Mexico has consistently had a larger age adjusted1 firearm death rate than the rest of the country. Moreover, the age adjusted firearm injury death rate for New Mexico has also increased at a higher rate compared to the U.S. For example, New Mexico’s firearm injury death rate was 48% higher than the U.S. in 2010, compared to being 90% higher in 2021.

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The next section will examine the type of firearm and ammunition used in firearm fatalities in New Mexico. The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020.

TYPE OF FIREARM IN DEATHS

• Handguns were implicated in 77% of violent firearm-related deaths (Figure 6).
• Rifles and shotguns were involved in 7% and 6% of such incidents, respectively.

COMMON FIREARM MANUFACTURERS IN DEATHS

• An unknown manufacturer was noted in 61% of cases of the New Mexico National Violent Death Reporting System (NM VDRS) pooled data from 2018 to 2020.
• Smith & Wesson firearms were linked to 8% of violent deaths, followed by Ruger (6%), Glocks (5%), and Taurus (4%).

AMMUNITION CALIBERS IN VIOLENT DEATHS

• The 9-millimeter (mm) caliber was the most prevalent, associated with 25% of violent firearm deaths. PAGE 7
• Other notable calibers included .38 (10%), .22 (9%), .45 (8%), and .40 (7%)

CONTEXTUAL INSIGHT: THE OAKLAND STUDY

A comprehensive study from Oakland, California, conducted on 4593 firearms recovered between 2017 and 2021, provides crucial insights:

• There was a marked increase in untraceable, privately manufactured firearms during and after the COVID-19 pandemic.
• Firearms recently purchased from licensed dealers also saw a notable surge. Notably, these privately manufactured firearms displayed a higher correlation with violent crimes.
• The findings of this study highlight the urgent need for regulatory measures on privately produced firearms. It also emphasizes the importance of monitoring the sale and diversion of weapons from legitimate trade channels.
• Firearm details, such as brand and caliber, offer a more granular perspective on firearm injury. Moreover, studies from regions like Oakland, California underscore broader trends and challenges.

CIRCUMSTANCES LEADING TO DEATH

The most common type of death involving a firearm in New Mexico between 2018-2021 was suicide.

The circumstances precipitating firearm-related injuries in New Mexico are intrinsically tied to diverse societal challenges:

CONTRIBUTING FACTORS

Between 2018 and 2020, distinct societal issues emerged as contributing factors and  key catalysts for firearm incidents.

For Firearm-Related Suicides, alcohol dependence or issues rose by 85% and substance abuse problems increased by 120%

Trends in Firearm Injury Emergency Department Visits by Location were identified as follows:

• Northeast Health Region saw a 30% increase.
• Metro Health Region experienced a 22% rise.
• Southeast Health Region reported a 32% decline.
• Southwest Health Region was relatively r unchanged with a slight 3% decrease.
• Northwest Health Region remained consistent, showing a minor 1% increase.

IMPACT ON NEW MEXICO’S HEALTHCARE SYSTEM

The repercussions of increasing firearm-related incidents extend far beyond the immediate victims, permeating and placing undue stress on New Mexico’s healthcare system.

ECONOMIC IMPLICATIONS

• Medicaid has shouldered 76% of the cost of firearm injuries for 76% of gun injury hospital discharges in 2022.
• The Medicaid fiscal expenditures of firearm injuries have seen an alarming escalation from $6.5 million in 2018 to $12 million in 2022, which represents an increase in 85%
• The total expenditure, encompassing medical expenses and value of statistical life, for firearm fatalities in New Mexico amounted to $6 billion.

THE PREVALENCE OF UNSAFE STORAGE OF FIREARMS IN NEW MEXICO

Behavioral Risk Factor Surveillance System (BRFSS) survey data provides additional information on unsafe storage of firearms, which is a key risk factor for firearm injury in households with children (age 18 or under) More specifically, several key findings from the BRFSS include:

• 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
• In households with a firearm, 41% have a loaded firearm, 21% have a loaded and unlocked firearm, and 23% with a loaded and unlocked firearm also have a child less than 18 in the household.
• In households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm. The 2023 New Mexico Risk and Resilience Survey (NM -YRRS) was used to examine youth gun carrying and having a firearm in the household, which are key risk factors for firearm injury among youth.

Key findings include:

• 6% of high school students carried a gun in the past year not for hunting or sport.
• 44% of high school students lived in a home that had a gun.

Links to related news sources are here:

https://www.nmhealth.org/news/information/2023/9/?view=2026#:~:text=SANTA%20FE%20%E2%80%94%20Today%2C%20the%20New,and%20injuries%20in%20the%20state.

NEW MEXICO CRIME STATISTICS

New Mexico’s firearm ownership and fatality rate is also among the nation’s highest. In 2016 over 37% of adults in the state lived in a household with a firearm which is 5% higher than the national average according to the think tank Rand Corp.

In 2020, New Mexico had the nation’s second-highest violent crime rate.

2021 NEW MEXICO CRIME STATISTICS

New Mexico’s firearm fatality rate is among the nation’s highest. According to the New Mexico Department of Health, there were a total of 562 state residents who died in 2021 due to firearm-related injuries.

This figure is up significantly from the 481 firearm-related deaths in 2020. Of the 562 state residents who died in 2021 due to firearms, 319 cases, were classified as suicides and 243 were classified as homicides.

In 2021 New Mexico law enforcement reported over 28,000 crimes against persons. That includes crimes such as murder, rape, assault, and kidnapping. In 2021,  FBI data showed for every 100,000 people in New Mexico, law enforcement reported 2,189 crimes against persons. The only state with a higher rate was Arkansas, which reported 2,276 crimes per 100,000 people.

In 2021 New Mexico law enforcement agencies reported nearly 25,500 instances of assault . That’s 1,872 more than the state reported in 2020. New Mexico law enforcement also reported more homicides in 2021 than the year before.

In 2021 across New Mexico, police reported 193 homicides to the FBI.  That’s 67 more than in 2020.  Not at all surprising is that the majority of the state’s reported homicides were in Albuquerque.

In 2021, New Mexico law enforcement reported to the FBI 822 kidnappings and abductions to the FBI. That put New Mexico at the top of the list regarding kidnappings and abductions per 100,000 people. Kansas, Colorado, and Utah also rank high on the list of kidnappings and abductions per population.

2022 NEW MEXICO CRIME STATISTICS

“Safe Wise”  is a national  private company that reviews, rates  and promotes private home security systems and  products. It conducts national surveys on crime statistics and trends and publishes a newsletter on it findings.

https://www.safewise.com/about/#:~:text=SafeWise%20streamlines%20it%20for%20you,they’re%20worth%20your%20time.

On March 13, 2023, Safe Wise published a “State of Safety Report” for New Mexico.  Following are edited noteable excerpts from the report:

“New Mexico continues to have higher-than-average crime rates across the board.  … [T]he good news is that both property and violent crime rates are declining year over year. Violent crime fell from 8.2 incidents per 1,000 people to 7.8  but that still gives New Mexico the second-highest violent crime rate in the US, behind Alaska with 8.4 incidents per 1,000.

Property crime fell from 31.8 incidents per 1,000 people to 28.4. New Mexico is one of just a dozen states to see declines in both violent and property crime, but fewer cities reporting crime data to the FBI may also be a factor.”

VIOLENT CRIME IN NEW MEXICO: FEAR VS. REALITY

“New Mexicans have the 8^th highest level of concern about violent crime in the nation with 58% of our State of Survey respondents indicating they worry about it on a daily basis. Concern about gun violence is just a tad lower with 57% of the population reporting daily concern.

• 31% of people in New Mexico reported feeling safe in their state compared to 50% of Americans. Only the residents of Illinois and New York feel less safe in their states.
• 15% of New Mexicans reported having a personal experience with violent crime in the 12 months prior to our survey, which matches the national average but represents an increase of 200% year over year for New Mexico.
• 42% of survey participants report using some form of personal protection— above the US average of 39%. Pepper spraywas the most popular personal safety device carried.
• 48% of New Mexicans say their personal safety has been affected by the COVID-19 pandemic compared to 44% of Americans.”

ATTITUDES ABOUT GUN VIOLENCE IN NEW MEXICO

• “57% of New Mexico respondents named gun violence as a top safety concern—well above the US average of 47%.
• 16% of residents reported experiencing gun violence in the 12 months prior to the survey, up from 5% in our previous report.
• Mass shooting incidents increased 300% in New Mexico during the 2023 reporting year, rising from 1 to 4.
• Firearms are the third-most common method used for both personal safety and property protection in New Mexico.”

PROPERTY CRIME IN NEW MEXICO: FEAR VS. REALITY

“New Mexicans’ personal experiences with property crime increased year over year to 39%, which is the second-highest percentage in the nation. With that said, 41% of New Mexicans said they increased their security or safety measures in the 12 months prior to the survey, and people in New Mexico were more likely to use all types of property protection compared to the average American.

• Property crime experiences increased by 105% year-over-year in New Mexico.
• 39% of New Mexicans experienced package theft in the 12 months prior to our survey, which is the eighth-highest rate in the nation and represents an increase of 70% year over year.
• 46% of survey respondents said they use security cameras. Guard dogswere the second-most popular option for protecting property in New Mexico (38%). 
• Doorbell cameras are the most popular form of package theft protection among New Mexico residents.”

 The link to review the full unedited Safe Wise report is here:

https://www.safewise.com/blog/safest-cities-new-mexico/

ALBUQUERQUE CRIME RATES

Albuquerque is at the forefront of New Mexico’s high violent crime rate.  According to legislative data released, the city had about half of the state’s violent crime in 2022 but has just 25% or so of its total population.

The Albuquerque Police Department reported that in November, 2022 gun law violations spiked 85%. 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 120 homicides, a historical high.

On Thursday, March 16, 2023 the Albuquerque Police Department (APD) released the 2022 crime statistics along with crime statistics for 2022 for a comparison. During his March 16 press conference announcing the City’s 2022 crime statistics, APD Chief Harold Medina embellished that a  3% drop in  overall total of crime and a 4% decrease in Crimes Against Persons and the 2% decrease in Crimes Against Property was positive movement.  The slight 3% decrease in overall crime was over shadowed by the 24% spike in CRIMES AGAINST SOCIETY which are largely made up of drug and gun offenses and a 71% increase in murders over the last 6 years.

Chief Medina revealed that over the last 6 years, Albuquerque has had a dramatic 71% spike in homicides.  The number of homicides reported over the last 6 years is as follows:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides

On March 16, in addition to reporting that there has been a 71% spike in homicides, APD officials reported that over the past 6 years there has been a 28% increase in Aggravated Assaults which by definition includes the use of a firearms. Following are the Aggravated Assaults numbers:

• 2017: 4,213
• 2018: 5,156
• 2019: 5,337
• 2020: 5,592
• 2021: 5,669
• 2022: 5,399

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.

ALBUQUERQUE IS RANKED 17TH AMONG 70 OF THE LARGEST CITIES

On April 26, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque is ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic is Albuquerque’s increase in homicides.

The Major Cities Chiefs Association report shows in 2022, there was a 5% drop in homicides nationwide. According to the Major Cities Chiefs Association, Albuquerque had one of the worst homicide rates in the nation and is one of 27 cities across the nation that saw an increase in homicides.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

COMMENTARY AND ANALYSIS

The “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico” without any doubt is sobering and depressing on a number of levels and underscores the extent of the crisis the state is dealing with when it comes to gun violence. The crime statistics reflect that the state is facing and epidemic in gun violence. The report and the statistics combined is a scathing indictment of the New Mexico Legislature’s failure to address New Mexico’s Gun violence epidemic.

If Governor Lujan Grisham and the New Mexico legislature are serious  about the State’s crime crisis and want to do something about it, the Governor should call for and the New Mexico Legislature should enact an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms.  The only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm. 
• Institute a Federal and State background check system  with a  mental health component  that would disqualify a person with a history of mental health violent outbursts or a history of threats to others from making a gun purchase.  
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

FINAL COMMENTARY

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.

The 2023 City of Albuquerque Municipal election and Albuquerque School Board election is now history. Following are the results:

 ALBUQUERQUE CITY COUNCIL

 DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

• Progressive Democrat Joaquin Baca (WINNER):

51%: Total Vote: 4,135, Absentee Vote: 671,  Early Vote: 1,761  Election Day Vote: 1,703

• Moderate Democrat Loretta Naranjo Lopez:

24.97%:   Total Vote: 1,941, Absentee Vote: 317,  Early Vote 646,  Election Day Vote: 978

• Independent Moises A. Gonzalez:

24.64%:  Total Vote: 1,987, Absentee Vote: 220, Early Vote: 730, Election Day Vote: 1,037

DISTRICT 4 (NORTHEAST HEIGHTS)

• Conservative Republican Brook Bassan (WINNER):

50.76%: Total Vote: 5,175,  Absentee Vote: 697, Early Vote: 2,318 ,  Election Day Vote: 2,160

• Progressive Democrat Abby Foster:

49.25%: Total Vote 5,021, Absentee Vote: 971 , Early Vote: 2,157,  Election Day Vote: 1,893

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT) (Run Off)

Progressive Democrat Nichole Rogers:

40.14%: Total Vote 2,947, Absentee Vote: 373, Early Vote: 1,023, Election Day Vote: 1,551

• Progressive Democrat Jeff Hoehn:

32.42%: Total Vote 2,380,  Absentee: 378, Early Vote: 986 , Election Day Vote: 1,016

• Progressive Democrat Kristin Greene:

17.94%: Total Vote 1,317,  Absentee: 181,  Early Vote: 479,  Election Day Vote 647

• Progressive Democrat Abel Otero:

9,51%: Total Vote 698,  Absentee:  124 ,  Early Vote:  217,  Election Day Vote 357

Because non one of the 4 candidates running in District 5 received 50% plus one of the vote, a run off will be held between the two top vote getters Nichole Rogers and Jeff Hoehn.

https://www.kob.com/new-mexico/runoff-election-expected-for-district-6-city-council-seat/

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

• Conservative Republican Dan Champine (WINNER):

52.45%: Total Vote 6,110, Absentee Vote: 1,031, Early Vote: 2,664,  Election Day Vote: 2,415

• Moderate Democrat Idalia Lechuga-Tena:

47.55%: Total Vote 5,540,  Absentee: 1,283,  Early Vote 2,116,  Election Day Vote: 2,141

 https://results.bernco.gov/

ALBUQUERQUE PUBLIC SCHOOL BOARD

There were  3 of the 7 APS Board seats on this years ballot Following are the election results of those Districts:

DISTRICT 1

Janelle Astorga

48.49%: Total Vote: 2,979, Absentee Vote: 400, Early Vote: 917  Election Day Vote: 1,665

Verland Coker:

42.46%: Total Vote: 2,609,  Absentee Vote: 375, Early Vote: 837, Election Day Vote: 397

Robert Trujillo

9,05%: Total Vote: 556, Absentee Vote:  85, Early Vote: 168,  Election Day Vote: 303

DISTRICT 2

Ronalda Tome-Warito

42.33%: Total Vote: 4,438,  Absentee Vote: 794, Early Vote: 1,903  Election Day Vote: 1,741

Incumbent Peggy Muller-Aragón

39.76%: Total Vote:  4,169,  Absentee Vote: 764, Early Vote: 1,596  Election Day Vote: 1,809

Adrian Nogales

17.91%: Total Vote: 1,878,  Absentee Vote:  373, Early Vote: 635, Election Day Vote: 870

DISTRICT 4

Heather Benavidez

82.4%: Total Vote: 9,735,  Absentee Vote:  1,479 , Early Vote: 3,765  Election Day Vote: 4,491

Stephen Cecco

17.61%: Total Vote: 2,080,  Absentee Vote: 338, Early Vote: 649 Election Day Vote: 1,093

ALBUQUERQUE GENERAL OBLIGATION BONDS

All 7 of the City of Albuquerque’s General obligation bonds passed by comfortable margins of 70% or better. Following are the results for the General Obligation Bond questions

Public Safety bonds ($25 million):

76.32% YES or 50,877, 23.69% NO or 15,790  

• $1 million toward the Albuquerque Community Safety facility
• $8 million for new fire stations and $2 million for existing station renovations
• $6 million for rehabilitation of and upgrades to the Albuquerque Police Department

Parks and Recreation bonds ($35 million):

76.87% YES or 51,833,  23.13% NO or 15,473 

• $1 million to Balloon Fiesta Park improvements
• $5 million to the North Domingo Baca Aquatic Center
• $4.9 million for Little League fields rehabilitation

Senior, family, community center, homeless, affordable housing, metropolitan redevelopment and community enhancement bonds ($36 million):

75.57% YES or 50,746,  24.43% NO or 16,405 

• $5 million for the Gateway Center
• $7.5 million for affordable housing
• A total $5.8 million for the Highland Senior Center, Manzano Mesa Multigenerational Center and Cibola Loop Multigenerational Centers

Energy and water conservation, public facilities and system z modernization bonds ($24 million)

75.5% YES or 50,436,  24.5% NO or 16,364 

• $6 million for energy conservation
• $1 million for city vehicle replacements

Storm sewer system bonds ($14 million)

78.78% YES or 51,782,  21,22% NO or 13,947 

• $5 million for Southeast Heights Green Stormwater improvements
• $2 million for Pueblo Also Mile-Hi Flood Mitigation

Street and transportation bonds ($50 million)

78.76% YES or 52,505,  21.24% NO or 14,159

• $1.9 million for renovations at the Transit Department’s Yale Facility
• $4.3 million for major street and intersection reconstruction

Library, museum and cultural facilities bonds ($16 million)

75.36% YES or 49,409,  21.24% NO or 16,155

• $3.2 million for library materials
• $2 million for the Tijeras Arroyo BioZone Education Center
• $4 Million for Unser Racing Museum

https://results.bernco.gov/

LOW VOTER TURN OUT

Slightly less than 1 in 5 eligible voters, or 19%,  turned out for the 2023 electio to cast votes in an election that decided four Albuquerque City Council seats and three Albuquerque Public School Board races. The 2021 election had a 30.5% countywide turnout, but that election featured the  mayoral contest between incumbent Mayor Tim Keller, who defeated then-Bernalillo County Sheriff Manuel Gonzales and radio talk show host Eddy Aragon.

A total of 81,392 ballots were cast, or a mere 19% of Albuquerque’s approximately 430,000 eligible voters.  In all, 36,562 cast ballots in person at the polls on Tuesday, and at least 44,800 early and absentee ballots were cast.  Bernalillo County Clerk Linda Stover had this to say of the voter turnout:

“It’s very low. It’s sad. We didn’t even hit 20%.”

https://www.abqjournal.com/election/election-2023-sad-voter-turnout-fails-to-crack-20/article_5eec2ffc-7de3-11ee-ba15-af09ddf98b03.html

https://www.abqjournal.com/election/election-2023-sad-voter-turnout-fails-to-crack-20/article_5eec2ffc-7de3-11ee-ba15-af09ddf98b03.html

COMMENTARY AND ANALYSIS

DISTRICT 4 (NORTHEAST HEIGHTS) BASSAN VERSUS FOSTER

There is no getting around it.  Conservative Republican City Councilor Brook Bassan dogged a bullet and  lives to fight another day by winning a second term by a mere 154 votes over her challenger Progressive Democrat Abby Foster. Bassan won no doubt to the chagrin of Mayor Tim Keller whose campaign manager Neri Holguin managed the Foster campaign.  There was little doubt that Foster was backed by Keller given the involvement of Holguin. Foster almost pulled off a major upset by hammering  Bassan with last minute dubious allegations of voter fraud. The allegations involved Bassan’s legislative aide moving in with Bassan for a few months for “personal reasons”  and then signing a Bassan nominating petition and making a $5 public finance donation. Simply put, one voter registration and one $5 donation  does not make widespread voter fraud. The fact that Bassan also said she has a bachelor’s degree when she has an associate’s degree did not help even though she apologized and said it was an unintentional mistake. Bassan won with the early and the election day vote.  It was the far northern precincts of  District 4  that have strong  Republican majorities that bailed out Bassan, but only at the very end when the votes were counted. Until then Foster had led all night. The final tally is Bassan 50.76% with a total Vote of 5,175 and Foster 49.25% with a total Vote 5,021,

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT)

As was predicted by many city hall politcal observers, in the District 6 City council race there will be a runoff between Progressive Democrats Nichole Rogers and Jeff Hoehn.  It is expected to be very contentious.   Although Rogers came in first with 40.14%  to Jeff Hoehn’s 32.42%, Nichole  Rogers candidacy and credibility was severely overshadowed and rocked virtually 5 days before the election by news reports of impropriety . The reports were that the nonprofit Rodgers founded and manages was not in good standing with the New Mexico Secretary of State until recently, that she failed to file required legal documents with the NM Attorney General and the Internal Revenue Service, that her nonprofit lost its federal  501 C 3 status as a charitable organization and that she still did fundraising for the none profit she formed after it lost 501 C 3 status and that she did not make full disclosure of what was raised and what it was expended on. The allegations no doubt had an impact on her final numbers, but early voting and absentee voting had already occurred with the news reports made 5 days before the election. Confidential sources are saying expect far more on her background to come out during the run off.

KELLER NEW CITY COUNCIL STILL CONSERVATIVE COUNCIL

Come January 1,  the new city council will look much the same as the old city council.  Following is how the new city council looks:

Democrats

District 1 Conservative Democrat Louie Sanchez
District 2 Progressive Democrat Joaquin Baca
District 3 Moderate Democrat Klarissa Peña
District 6 Progressive Democrat Nichole Rogers OR Progressive Democrat Jeff Hoehn
District 7 Progressive Democrat Tammy Fiebelkorn

Republicans

District 5 Conservative Republican Dan Lewis
District 4 Conservative Republican Brook Bassan
District 8 Conservative Republican Dan Champine
District 9 Conservative Republican Renee Grout

Although the new City Council will still  be split with 5 Democrats and 4 Republicans, Conservative Democrat Louie Sanchez has often allied himself with conservative  Republicans Dan Lewis, Renee Grout, and Brook Bassan who still will be on the council and Conservative Republican Dan Champine is expected to join in allowing them to approve or kill measures on a 5-4 vote but being unable to override Mayor Tim Keller’ veto’s with the required 6 votes.

Confidential sources have confirmed that Mayor Tim Keller became actively involved in the campaigns of 3 progressive city council candidates. Those candidates were: Abby Foster, Joaquin Baca, Nicole Rogers.

Keller’s own campaign manager and politcal advisor and confidant is paid politcal consultant Neri Holguin who was Mayor Tim Keller’s campaign manager when Keller ran for State Senator, assisted Keller in running for State Auditor and was Keller’s campaign manager when he ran for Mayor. Holguin was also the campaign manager for former Progressive Democrat State Senator Richard Romero who ran against then Democrat Mayor Marty  Chavez in 2009 thereby splitting the Democratic vote ensuring the election of Conservative Republican Mayor Richard Berry.  Since the 2009 Mayor’s race, Holguin  has become the “go to” campaign consultant for Progressive Democratic Candidates of her choosing and she exerts great influence over the candidates she elects even after they assume office.

Holguin was the paid politcal consultant and campaign manager for Progressives Abby Foster and Joaquin Baca and they were said to have the full support of Tim Keller.  Holguin used many of the same tactics against Bassan as she did against former Sherriff Manny Gonzales when she managed Tim Keller’s successful 2021 re election campaign, including the allegations of voter fraud.

If there was any doubt that Keller was backing Joaquin Baca, that doubt was rendered moot election night November 7.  Keller was caught up to be interviewed about the election results where he played it low-key and pointed out that the City Council in January will have a number of new faces that he will be working with. He made his comments from the home of Progressive Democrat Joaquin Baca.

Mayor Keller  was also involved with the campaign of Nichole Rogers. She has worked for the Mayor Tim Keller Administration as a policy advocate and community organizer and for that reason is considered Mayor Keller’s preferred candidate in the race. Confidential sources confirmed that Rogers received significant help in collecting nominating petitions signatures and qualifying donations from at least 2 city hall employees who work directly for Mayor Tim Keller.  Rogers  also has gone so far as to tell  Progressive Democrats privately in the District that she is  Mayor Keller’s candidate to replace Progressive Democrat Pat Davis who is a Keller ally.

Mayor Tim Keller took an active roll in electing city councilors who he believes will  support his progressive agenda over the final 2 years of his second term. He did so to set himself up to run for a third term in 2025. Keller has already made it known to top aides he intends to run for a third term.

The link to a related blog article is here:

Update On November 7, 2023 ABQ City Council Races; One Candidate Drops Out After Exposed For Falsehoods; Voter Fraud Alleged In District 4 With One Registration; Candidates Identify Biggest Issues And Solutions Facing Districts; Mayor Tim Keller Operatives Helping 3 Council Candidates To Insure His Influence Over City Council For His Politcal Agenda As He Plans To Run For Third Term In 2025