On June 17 the Albuquerque City Council voted  on a 6 to 3 vote to  passed a Charter Amendment that would eliminate all runoff elections for Mayor and City Council. It would  mandate that whoever gets the most votes wins with no runoff between the two top vote getters.  Whoever secures the most votes of all the candidates running at the same time wins the election out right. The charter amendment was sponsored Democrat Councilor Klarissa Peña  and Republican Dan Lewis.  Republican City Councilors Dan Lewis, Brook Bassan, Renee Grout and Dan Champine and Democrat City Councilors Louie Sanchez and Klarissa Peña voted “YES”. Democrat City Councilors Tammy Fiebelkorn, Nichole Rogers and Joaquín Baca voted “NO”.

If the Chater Amendment is approved, in a crowded candidate field, the prevailing candidate would not have a majority vote but a much less percentage of less than 50% of the vote.  The charter amendment must be placed on the November 5 general election ballot. Passage of the charter amendment by the city council  has been severely criticized as a scheme to dilute the vote to help incumbents and those with high name identification by eliminating voter majority wins.  Mayor Tim Keller was quick to announce his intent to veto the charter amendment, but the veto could be overturned on a 6 to 3 vote resulting in it  being  placed on the November 5 general election ballot.

A few dozens members of public commented on the amendment. One commenter said, despite the high cost of runoff elections, it was “money well spent.”  Many of public commenters spoke against the  changes and  lowering the percentage of votes a candidate needs to win a city election. “Breaking with established norms, you are proposing to do away with majority rule, a cornerstone of a representative democracy. You are suggesting that a candidate that receives a majority of votes against them is fit to serve and carries a mandate to govern” said one public commenter.

Several public commentors called the proposal undemocratic which prompted City Council President Dan Lewis, a  bill sponsor to challenge the comment. Lewis said this:

“There’s nothing more democratic than Council to be voting on this tonight. … And nothing more democratic than the general public voting on this in November.”

In an Albuquerque Journal  June 17 guest opinion column, Republican City Councilor Dan  Lewis called runoff elections as being rooted in racist strategies in the deep south. The link to the guest column is here:

https://www.abqjournal.com/opinion/opinion-runoff-elections-are-rooted-in-racist-strategies-in-the-south/article_159a1768-29f7-11ef-b97d-2732dbdccdf0.html

Councilor Klarissa Peña, the second sponsor of the amendment, said primary runoff elections are used in only a few states and were rooted in racist policies intended to keep white politicians in power. Peña said this:

“This is history, folks.”

It may be history of the deep south, but its not Albuquerque’s history.

First term City Councilor Nichole Rogers, the only African American on the city council, and who was elected in November, 2023 in a runoff election after none of the 4 candidates running secured 50% of the vote, rejected Peña argument and said this:.

“Do not use my people’s plight to justify … making things easier for you to win

SECRETARY OF STATE CALLS MEAUSURE “BIG STEP IN WRONG DIRECTION”

On June 25, New Mexico Secretary of State Maggie Toulouse Oliver felt compelled to write  Mayor Tim Keller and all 9 Albuquerque City Councilors voicing in no uncertain terms her opposition to the proposed charter amendment.  Following is the full unedited letter:

June 25, 2024

Albuquerque City Council
One Civic Plaza NW
9th Floor, Suite 9087
Albuquerque, NM 87102

Mayor Tim Keller
Councilor Louie Sánchez, District 1
Councilor Joaquin Baca, District 2
Councilor Klarissa Peña, District 3
Councilor Brook Bassan, District 4
Councilor Dan Lewis, District 5
Councilor Nichole Rogers, District 6
Councilor Tammy Fiebelkorn, District 7
Councilor Dan Champine, District 8
Councilor Renee Grout, District 9

RE: Charter amendment changing winning vote threshold in city elections

Dear Mayor and Councilors:

“As New Mexico’s Chief Election Officer and the former Bernalillo County Clerk, I would not normally reach out to city leadership in this way, but because of my deep concern about Proposal P-24-1’s impact on the electoral process, I must urge each of you to reconsider these proposed changes to Albuquerque’s municipal elections.

Unlike state and federal elections in which there is a Primary Election that whittles down the pool of candidates, municipal runoff elections with winning majority thresholds help create important mandates for local officials in New Mexico.   I also recognize there are some substantive arguments against the city’s existing runoff structure.  These top-two runoff elections come with hefty price tags, and their timing typically means fewer eligible voters make their voices heard at the ballot box.

However, although not ideal, the current system is still preferable to the charter amendment in Proposal P-24-1. Albuquerque voters already approved the current 50% threshold for winning candidates in 2013, and having candidates receive at least 50% of the total votes provides the public with a clear winner who then has a mandate to lead. Changing the city’s election system to one where a candidate can be elected with a minority of votes is a big step in the wrong direction.

If the city continues to feel that the existing system is a problem, the best solution is one that other New Mexico cities are already using, but which the Albuquerque City Council has not implemented: Ranked Choice Voting. This instant runoff approach to voting would eliminate the need for an election at a later date, providing cost savings for the city and a statewide election date voters can plan on each odd numbered year. Plus, Ranked Choice Voting ensures that the winner of the race is elected by a majority of voters.

The perceived legitimacy of our elections has been under significant strain in recent years. The public needs confidence that their municipal leaders have been legitimately elected, and the best way to do that is with a secure, accessible electoral system that demands the winner receives the majority of votes. I hope that you will reconsider your positions on this matter.”

Sincerely,

[Signature]

Maggie Toulouse Oliver
New Mexico Secretary of State

COMMENTARY AND ANALYSIS

The fact that New Mexico Secretary of State Maggie Toulouse Oliver felt compelled to write to Mayor Keller and all 9 city councilors should give all 6 of the city councilors who voted for the measure great pause and grounds to reconsider their vote. Simply put, the Charter Amendment to reduce the vote to win a City Council or Mayoral race with whoever gets the most votes with no runoffs is very bad election policy and  government on many levels.  It will  promote chaos in municipal elections and the promotion of extreme fringe candidates that will dilute the vote and who would be culled out of an election with  runoffs between two top vote getters.

The relations between Mayor Tim Keller and the more conservative majority city council have deteriorated because of the sure frustration the conservatives on the council have experienced in not being able to stop the Keller progressive agenda with overriding vetoes.  As a result, the city council is once again trying to get city voters to change our basic form of city government with charter amendments in order to carry out a personal vendetta against a Mayor they do not like and who they perceive as ineffective and unpopular and who is running for a third term despite a low approval rating of 33%.

It’s downright offensive to city voters that City Council President Dan Lewis and Klarissa Peña pulled  the “race card” alleging runoff elections are rooted in racist strategies in the South. Both conveniently ignored the fact that it was voters who changed the charter provisions by requiring run offs where no one candidate secures 50% of the vote and it was done so on recommendation of a Charter Review Task Force.

Common Cause was quick to address the city council vote on social media this way:

“[The Albuquerque City Council]  took us backward by amending an already bad proposal. Rather than lowering the threshold to be elected mayor or city councilor from 50% to 40%, they’ve eliminated any threshold altogether. Candidates under this scheme could be elected with 10% for example. The 6-3 passage of this proposal means, voters will be confronted with a question on this November’s ballot to eliminate run-offs and move to a free-for-all voting process where fringe candidates and special interests will dominate our elections.”

Mayor Tim  Keller is right to veto the proposed Charter Amend measure on election votes and try to talk some sense into the Democrats City Councilors Klarissa Peña and Louie Sanchez in the hopes of changing their minds, but that will likely be an exercise in futility given the poor relations he has with the two and for that matter the city council in general.

On June 21, during a news conference to discuss Officer Involved Shooting incidents, the Albuquerque Police Department (APD) released a six-month report of seven officer-involved shootings for the second half of 2023. The report is dated October 4, 2023. The review was conducted by a working group comprised of APD Deputy Chiefs, one APD Major, one legal advisor, and one external contractor who specializes in uses of force.

APD Chief Harold Medina started the 6-month reviews in 2022.  The purpose of the reviews is to look at Officer Involved Shooting incidents collectively to identify patterns. The working group gave special consideration to whether de-escalation was used and where using a less-lethal tool earlier in the encounter might have avoided the need for deadly force.

SUMMATION OF REVIEW

According to the review, 2 of the 7 shootings began as minor offenses. Two were initiated as property crimes, and 3 related to violent offenses. Two of the 7 suspects shot at police. None began as behavioral health calls. All three people fatally shot had drugs in their bodies at the time of their deaths.  One of the 7 cases was deemed to be out of compliance with APD policy, but 38% of the officers involved had less than 6 years of experience, 35% had between 6 and 8 years of experience and 21% had more than six years’ experience.

APD Chief Harold Medina said that many of the incidents involved foot pursuits.  Medina said APD  is working on a policy to deal with the potential threats caused by a fleeing suspect and the potential threats of engaging in a foot pursuit.

Chief Harold Medina said this in a press release:

“We noted trends that need to be addressed, including the high number of foot pursuits that resulted in shootings. … We started work on a new policy that considers the potential threat caused by the fleeing suspect, whether the suspect has been identified by law enforcement, and any potential threats presented by engaging in a foot pursuit. Those factors must be balanced with APD’s mandate to enforce the law. … Officer-involved shootings will be reduced when the number of criminals who are armed in the community is reduced.”

REPORT FINDINGS

The review made 7 specific findings. Quoting the report, those 7 specific finding are:

1. 100%, 7 out of 7 Officer Involved Shooting  incidents involved an individual armed with a gun or knife/edged weapon. Five of those were armed with a gun.
2. 29%, 2 out of 7 Officer Involved Shooting incidents involved individuals who were shooting at officers at the time of the Officer Involved Shooting incident.
3. Less-lethal force was attempted prior to using deadly force in two of the OIS incidents.
4. The working group determined two Officer Involved Shooting incidents involved situations where the use of less-lethal force earlier in the encounter might have resolved the situation and thus, avoided the need for deadly force. In making this assessment, the working group could not  predict how the individual would have responded to the use of less-lethal force. It is entirely possible the situation would have still resulted in the use of deadly force.
5. De-escalation was used in two Officer Involved shooting The working group determined de-escalation was not feasible in 4 incidents based on the facts of each case. The working group determined de-escalation may have been used in one of the Officer Involved Shooting incidents after the initial shots had been fired, but before the second.
6. None of the individuals had a history with APD’s Crisis Intervention Team. One individual is believed to have had a history of mental illness, according to a family member. It is not known whether any other individuals suffered from mental illness.
7. Drug and/or alcohol use was not known with toxicology reports for deceased individuals having not been submitted at the time of the review.

RECOMMENDATIONS MADE

The working group recommended 5 action items. Quoting the report, those 5 action items are:

1. APD will prioritize in upcoming firearms training that officers will be trained on environmental and situational awareness, decision-making, and threat identification during lethal incidents.

There were 4 Officer Involved Shooting incidents where bystanders were in the vicinity of the offender during the incident, including one incident where two bystanders were shot and injured. APD said it will provide training in several areas including, but not limited to, firearms safety rules when pointing or shooting their firearm, identifying threats and non-threats with moving targets, and overall awareness of the environments in which they may need to use deadly force.

2. Evaluate the assignments of less-lethal tools, specifically “40 millimeter launchers.” EDITOR’S NOTE:  A 40-millimeter launcher fires hard-foam projectiles at a subject at a high rate of speed to sub due a suspect and the force used is classified as non-lethal.

 While each officer cannot be assigned every less-lethal tool available, APD will evaluate the current assignments of the “40 millimeter launchers” to ensure the officers most likely to become involved in a critical incident, the Field Services Bureau, are more likely to have them assigned to squads.

3. Prioritize command and control training and scenarios for upcoming supervisory training

APD is in the process of developing supervisory training that includes supervisory responsibilities during critical events. The Training Academy will include command and control training that includes decision-making and explicit assignment of officer roles (i.e. communications, lethal, and less-lethal).

4. Evaluate policy for potential revision for lethal weapons deployment

 The working group collaborated with the use of force expert contractor during this review period. One recommendation was for APD to evaluate its policy with deployment of lethal weapons, specifically rifles. The department will consider reducing the initial deployment of rifles based on the information at the time with the supervisory capability to evaluate the need for certain weapon types to properly address the involved individual(s).

5. Evaluate policy for potential revision for increased roles of supervisors and Emergency Communications Center (APD Dispatch)

Another recommendation provided by the use of force expert was for APD to determine if there are improved ways for supervisors and dispatchers to actively work together during calls for service with the goal of improving outcomes of calls for service, including but not limited to helping supervisors identify a call involving a mental health component, reminding officers to deescalate, providing a reminder to turn on their on-body recording devices, or to assist supervisors for additional resources.

The link to the October 4, 2023 six-month review of the 7 officer involved shootings is here:

https://www.cabq.gov/police/news/apd-conducts-6-month-review-of-officer-involved-shootings

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/apd-releases-data-on-7-police-shootings-from-2023/

https://www.abqjournal.com/news/apd-review-suspects-shot-at-by-police-have-wielded-guns/article_c56c20e0-301a-11ef-b2ba-4f2eebcc6d04.html

APD RANKS #1 IN CIVILIAN KILLINGS OUT OF THE 50 LARGEST CITY POLICE DEPARTMENTS IN THE COUNTRY

For the past nine years, the Albuquerque Police Department has been operating under a Court Approved Settlement Agreement mandating 271 reforms after a Department of Justice investigation found that APD had engaged in a pattern of “excessive use of force” and “deadly force” and finding a “culture of aggression.”

Over nine years, the city has spent millions on reform efforts, has created and staffed new divisions to hold APD officers accountable, rewrote use of force policies and procedures and trained APD officers in constitutional policing practices. The reform has been accomplished under the watchful eye of the federal court and an appointed Federal Independent Monitor.

 On April 10, the on-line news publication Searchlight New Mexico published a story researched and written by its staff reporter Josh Bowling.  The article is entitled “Can the Albuquerque Police Department ever be reformed?”  The article goes into great detail explaining the Court Approved Settlement Agreement (CASA), what has been done to reform APD and the role of the Federal Monitor. The link to read the full, unedited Searchlight New Mexico article with photos and graphs is here:

https://searchlightnm.org/can-the-albuquerque-police-department-ever-be-reformed/?utm_source=Searchlight+New+Mexico&utm_campaign=ca4e266790-4%2F10%2F2024+-+Albuquerque+Police+Department+Reform&utm_medium=email&utm_term=0_8e05fb0467-ca4e266790-362667516&mc_cid=ca4e266790&mc_eid=ccd9412715

The Search Light New Mexico article reported that last year, the Albuquerque Police Department killed 10.6 people per million residents, more than any other sizable police department in the nation, according to data tracked by the national nonprofit Mapping Police Violence.

Following are the relevant excerpts from the Search Light New Mexico article:

“In 2022, the department set a record for police shootings with 18, 10 of which were fatal. That year, a Searchlight analysis found, only the police departments in Los Angeles, New York and Houston killed more people than APD.

 Law enforcement officials, including police leaders and district attorneys, say such figures are nuanced. They point to the acute dearth of mental health resources in New Mexico and, anecdotally, stories of people who draw guns on police officers as explanations for why the problem of police violence is so outsized locally.”

…

“In the past four years, Albuquerque police repeatedly shot people who were suffering visible mental health crises. They shot 26-year-old Max Mitnik in the head during a “schizoaffective episode” in which he asked officers to fire their weapons at him; they shot and killed 52-year-old Valente Acosta-Bustillos who swung a shovel at officers and told them to shoot him; they shot and killed 33-year-old Collin Neztsosie while he was on his cell phone, pleading for help with a 911 dispatcher.

These grim numbers have led reform advocates, critics and law enforcement leaders themselves to question what it means to be “in compliance.”

“You can improve things on paper or comply with the terms of a consent decree and still have these things happening. … Albuquerque is a prime place to be asking the questions…about what impact consent decrees have. The city should be ground zero for the national conversation on police reform” said UCLA law professor Joanna Schwartz, author of the 2023 book “Shielded: How the Police Became Untouchable.”

This is not to say that the consent decree has been without merit. The 2014 Court-Approved Settlement Agreement between the DOJ and Albuquerque laid out nearly 300 mandated reforms: Since its launch, APD has fulfilled hundreds of reform requirements, including overhauling scores of policies and training procedures.”

The Search Light New Mexico article contains a horizontal graph listing the 50 largest cities in the United States. According to the graph, among the 50 largest cities, Albuquerque Police killed people at the highest rate than all the other city police departments in 2023  at the rate of  10.6 per 1 Million population. It is worth comparing Albuquerque’s 10.6 kill rate to the largest cities in the surrounding border states of Texas, Colorado, Arizona and also including Oklahoma and Nevada:

• Albuquerque, NM: 10.6
• San Antonio, Texas:  9.8
• Phoenix, Arizona: 8.7
• Austin, Texas: 7.3
• Denver, Colorado: 5.6
• Tucson, Arizona: 5.5
• Fort Worth, Texas: 5.4
• Houston, Texas: 5.2
• Colorado Springs, Colorado: 4.2
• Dallas, Texas: 3.1
• El Paso, Texas: 2.9
• Las Vegas, Nevada: 2.6
• Oklahoma City, Oklahoma: 2.0”

APD IN COMPLIANCE WITH DOJ SETTLEMENT DESPITE SHOOTINGS

On June 4, a federal court hearing was held on the 19th Federal Independent Monitor’s Report and APD’s progress in implementing the mandated reforms of the Court Approved Settlement Agreement (CASA). The federal monitor reported that APD has reached 100% primary compliance, 100% secondary compliance and 96% operational compliance of the 271 reforms mandated by the settlement.

Under the terms and conditions of the settlement agreement, once APD sustains a 95% compliance rate in all three identified compliance levels and maintains it for two consecutive years, the case can be dismissed. The significance of APD being in compliance is that APD has now entered into a new “sustainment” phase to last until the end of 2025. If there’s no backsliding, which has occurred in the past, the DOJ consent decree can be dismissed.

ANALYSIS AND COMMENTARY

The APD six-month review of seven officer-involved shootings for the second half of 2023 is a reflection of the conflicting opposites that APD embodies. On the one had, APD is successfully implementing the mandated reforms and is achieving constitutional policing practices. On the other, APD is still having an alarming number of police shootings of suspects.  The report indicates that it can be attributed to the fact that APD officers are being confronted with more and more armed and aggressive offenders. The report says 7 out of 7 Officer Involved Shooting incidents involved an individual armed with a gun or knife or edged weapon with 5 of those were armed with a gun. Two out of 7 Officer Involved Shooting incidents involved individuals who were shooting at officers at the time of the Officer Involved Shooting incident.

Despite the improvement and gains made by APD in the implementation of the reforms, APD police officer shootings and the killing of civilians is occurring at an alarming rate. In terms of overall shootings, both fatal and non-fatal, law enforcement officers in Albuquerque and surrounding Bernalillo County shot 131 people between 2013 and 2022.

On April 10, the national nonprofit Mapping Police Violence reported that last year, APD killed 10.6 people per million residents, which is more than any police department of comparable size in the nation. APD was ranked No. 1 in police officers killing civilians in a listing of 50 largest cities in the United States.

The Court Approved Settlement Agreement was not designed to guarantee or completely stop nor prevent police officer shootings. It was designed to implement constitutional policing practices, especially when dealing with the mentally ill. There never was a guarantee that police officer shootings would go down or simply never occur even with reforms.

What the Court Approved Settlement Agreement reforms ensure is that police officers are being held accountable when they violate constitutional policing practices and people’s civil rights. All that really can be done is to train and implement constitutional policing practices in the hopes that it will bring down police officer shootings of civilians.

“Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.”

— Matthew 19:13-14

On June 11 the New Mexico Voices for Children released the “2024 Kids Count Data Book, State Trends In Child Well Being.” The annual “Kids Count” Data Book is prepared by the Annie E. Casey Foundation. The Casey foundation is a nonprofit based in Maryland focusing on improving the well-being and future of American children and their families. It assesses how New Mexico children are faring in a number of areas including economic well-being, education, health, and family and community.

The link to the 2024 Kids Count Data Book is here:

https://www.aecf.org/resources/2024-kids-count-data-book

NATIONAL TRENDS IN CHILD WELL-BEING

The 35th edition of the Annie E. Casey Foundation’s Kids Count Data Book report contains a summary of National Trends in Child wellbeing.  The study confirmed that nationally, there was an unprecedented decline in student math and reading proficiency brought on by the impact of the COVID 19 pandemic on education.  Between 2019 and 2022, fourth-grade reading and eighth-grade math scores plummeted, representing decades of lost progress. The trend underscores the urgent need for action to address the growing academic disparities among U.S. students.

The summary states in part:

“Today’s students, who will comprise America’s future workforce, are ill-prepared for the high-level reading, math and problem-solving skills required in a competitive global economy. The failure to adequately prepare our children will have dire consequences for their futures and for the economic vitality of our nation.

In 2022, as COVID-19 restrictions eased, the impact of the pandemic on child well-being became evident. Six indicators worsened between 2019 and 2022, including educational achievement and the child and teen death rate. Between 2019 and 2021, the percentage of children scoring proficient or above in reading and math declined sharply. While this trend may have stabilized in 2022, the data indicate a significant setback in educational attainment. The child and teen death rate also remained elevated in 2022, with 17.0 deaths per 100,000 children and adolescents, compared to 14.7 in 2019.”

However, some positive trends emerged:

• Parents’ economic security improved significantly, with 62.4% of children living in economically secure homes in 2022, compared to 58.4% in 2021.
• The child poverty rate decreased from 17.2% in 2021 to 15.9% in 2022, returning to pre-pandemic levels.”

HEALTH AND FAMILY

Positive trends were also observed in the family and community domains. Fewer children lived with parents lacking a high school diploma, and the number of children living in high-poverty communities decreased. The teen birth rate reached a record low in 2021 and remained stable in 2022 at 14 births per 1,000 teen females.

These positive changes demonstrate how effective policies that address the root causes of challenges can contribute to significant improvements and create a brighter future for young people.

TRENDS IN RACIAL INEQUITIES

“Racial inequities in America persist, with American Indian/Alaska Native, Black and Latino children facing significant disparities. Nearly all well-being indicators show disparate outcomes by race and ethnicity, with American Indian/Alaska Native children and Black children experiencing the lowest well-being levels.

Generations of inequity and discrimination contribute to these disparities. Black children have higher rates of single-parent households and poverty, while American Indian/Alaska Native children are more likely to lack health insurance and live in resource-limited neighborhoods. Latino children have higher rates of obesity and live in households where the head may lack a high school diploma.

And despite overall better outcomes for Asian and Pacific Islander children, disaggregated data reveal significant disparities within this population. Burmese, Mongolian and Thai children experience higher rates of poverty and lack of high school diplomas in their households. Today, children of color constitute the majority of the nation’s children, highlighting the importance of ensuring their success for the future of America.”

NO CHANGE IN NEW MEXICO RANKINGS

The 2024 Kids Count Data Book contains an astonishing number of  depressing statistics for New Mexico’s children as they relate to overall  child well-being,  education, health and economic well-being. In 2024, out of all 50 states, New Mexico ranked 50^th in overall childhood well-being, ranked 50th in education, ranked 48th in economic well-being, ranked 44th in health and ranked 49th in family and community. Forty-one percent of New Mexico students between 2021 and 2022 were chronically absent.

The 2024 Kids Count Data Book statistics are essentially identical to the 2023 Kids Count Data Book statistics with a 1% decrease in Family and Community.  The statistics for both years for comparison are:

In 2024, New Mexico ranked 50^th in EDUCATION and in 2023 New Mexico also ranked 5Oth in EDUCATION.

In 2024 New Mexico ranked 48th in ECONOMIC WELL-BEING and in 2023 New Mexico ranked 49^th in ECONOMIC WELL-BEING RANKING.

In 2024, New Mexico ranked 49th in FAMILY AND COMMUNITY and in 2023 New Mexico ranked 48^th in FAMILY AND COMMUNITY.

In 2024 New Mexico ranked 44^th in HEALTH RANKINGS and in 2023  New Mexico ranked 44^th in HEALTH RANKINGS.

The link to the 2023 Kids Count Data Book is here:

Click to access aecf-2023kidscountdatabook-2023.pdf

The link to review New Mexico’s 2024 Kids Count Data profile page giving the state the overall ranking of 50 and the statistics in the categories of Economic Well Being, Education, Health, and Family and Communication is here:

Click to access 2024-KCDB-profile-NM.pdf

Maralyn Beck, founder and executive director of New Mexico Child First Network, which aims to improve foster care in the state said this about the statistics:

“Our kids are not OK. … Solutions exist to do better, but we need political will and political courage to push forward solutions that we know will improve outcomes for our children.”

Beck said that children in foster care also have lower educational outcomes and are at the “highest risk.” Beck said the Kids Count Data book highlights the average New Mexican student but does not fully address kids in foster care who are even more vulnerable. Beck said this:

“The kids I’m working with are the most vulnerable. … Kids in foster care have the lowest education outcomes. One in 7 kids will graduate from high school. One in 50 will graduate from college.”

ADVERSE CHILDHOOD EXPERIENCE

Across 2021 and 2022, one in two New Mexico children experienced an adverse childhood experience (ACE) defined as “a traumatic experience that could include abuse, neglect or witnessing domestic violence.” New Mexico tied with Mississippi for the highest rate of kids who had experienced such trauma.

George Davis, a child psychologist who has worked with the state Children, Youth and Families Department and children in the juvenile justice system, said Adverse Childhood Experiences (ACE), can disrupt normal child development. Davis said children who are separated from their parents, for example, may later show struggles with self-regulation through aggression, trusting adults, trouble making friends and even challenges sitting still or paying attention in school. Davis said this:

“It undermines the foundations that you need to progress in life in very fundamental kinds of ways.”

Davis said poverty alone is not ACE, but it can be associated with other traumatic experiences. The state has made some improvements in the childhood poverty rate, the report noted, but it still remained at about 24% in 2022, 8% higher than the national rate.

Davis said that addressing statewide gaps in health care and substance abuse treatment, as well as poverty, is needed to prevent ACE. Although Davis said he sees a political interest in preventing childhood trauma, the next steps may seem unclear. Davis said this:

“I think people don’t know what to do at the state level. … But I think there definitely is the will.”

HOMLESSNESS AND POVERTY

According to the 2024 Kids Count Data Book, New Mexico ranks 48^th with children living in poverty. A November 17, 2023 report prepared by the Legislative Education Study Committee found that nearly 40% of students were chronically absent from school in New Mexico during the 2022-23 school year. The number is slightly less than the previous year, but it’s still a major concern for educators and lawmakers who say children can’t learn if they aren’t in class. According to the report nearly 60.8% of students who are experiencing housing insecurity are also chronically absent. Chronic absenteeism is defined in New Mexico state law as missing 10% or more of classes or school days for any reason, whether excused or unexcused.

https://www.nmlegis.gov/handouts/ALESC%20111523%20Item%208%20.1%20School%20Attendance%20and%20Chronic%20Absence-Final%20Attendance%20Report%20-%20All%20Files.pdf

New Mexico Appleseed is an organization focused on reducing child poverty.  Jennifer Ramo, founder of New Mexico Appleseed, said homelessness can compound some of the issues raised in the Kids Count Data Book report. Ramo said transportation can be difficult for children who are homeless contributing to absenteeism.  Even if kids make it into the classroom, those factors can make it difficult to learn. Ramo said this:

“The teacher and the students, they’re both outgunned by poverty.  … In general, I don’t know how you can expect these kids to learn and be ready emotionally, and be focused, when maybe they haven’t eaten or they were sleeping on the floor or they have four people in their bed.”

Ramo said basic guaranteed income is something New Mexico Appleseed is pushing for as well as a statewide program to pay kids to show up to school.  Ramo said this:

“Most families are working and trying to get multiple jobs, and it’s still not adding up. … They still are not meeting the cost of living. … We can’t keep doing the same thing over and over and expecting a different outcome.”

A test program in two school districts in northern New Mexico paid students $500 per month if they attended tutoring, attended school 90% of the time and attended one socio-emotional meeting. The program worked. Ramo said this:

“They did it. … It’s a pretty profound impact. Between both districts, it was 93% [graduation rate for the participants].”

DATA LIMITATIONS CALLED INTO QUESTION

New Mexico Appleseed is an organization focused on reducing child poverty.  Jennifer Ramo, founder of New Mexico Appleseed, said every time the Kids Count report comes out, her heart sinks. Romo said she’d like to see the ranking system come to an end, especially with the state’s “economic reality.”  Romo said the ranking system does not suggest ways to grow.  Romos said this:

“We just get told, once again, how terrible we are, and there’s actually some pretty amazing work happening in New Mexico that we can scale and replicate. … It isn’t that we should ignore the data. We definitely need data, and we need to understand the problems. But I think that solution-oriented data is much more effective.”

NMCAN works with young people impacted by homelessness, foster care and the juvenile justice system.  Lorilynn Violanta, co-executive director of NMCAN, said they are people with “complex needs” and include young people and families the organization works with who often experience problems accessing available services. The Kids Count Data Book does not take into account fully accessibility to services those impacted by homelessness, foster care and the juvenile justice system.

Violanta described the problem this way:

“When I talk about the accessibility, I mean it in all different components. … Not only is the process easy to access, but then, when the family or the young person is accessing resources, how do we still meet them where they are, with the dignity they deserve? … Sometimes programs, as well-intentioned as they are, aren’t necessarily responding to the needs and the realities of young people and families.”

Gabrielle Uballez, the executive director of New Mexico Voices for Children, noted the Kids Count data is a couple of years behind and not reflective of what has happened over the last few years.  Uballez said the dataset includes several pandemic-era years and the effect of recent major investments may not be visible in the data for years to come. Uballez pointed to the creation of the Early Childhood Education and Care Department by Governor Lujan Grisham  which officially launched in summer 2020, and a 2022 voter-approved constitutional amendment to increase spending on early childhood education. Uballez said this:

“We should continue to make those investments. … Even though the results aren’t showing up this year or next year, we have a lot of faith that they will show up over the long term. So we should not be discouraged.”

https://www.abqjournal.com/news/new-mexico-at-the-bottom-of-national-child-welfare-report/article_8e2fad5c-284c-11ef-8409-7fd47a2fbf9e.html

NEW MEXICO’S FINANCIAL COMMITMENT TO KIDS EDUCATION

During the last 6 years, the New Mexico legislature has been very aggressive when it comes to increased funding to turn things around for New Mexico’s children when it comes to education and their wellbeing. Much of the legislatures efforts  have been a direct result of the 2018 landmark education case of Yazzie-Martinez v. New Mexico Public Education Department  where a  First Judicial District Court ruled the State of New Mexico violated students’ fundamental rights by failing to provide a sufficient public education mandated by the state constitution.  The court found that New Mexico students have a right to be college-and career-ready, a standard that was not being met by New Mexico’s education system. To address this, the state was ordered to take immediate action and establish an educational system that ensures at-risk students in New Mexico will be college and career ready.

In the summer of 2022, the New Mexico Public Education Department (PED) released updates on the progress made in response to the Yazzie-Martinez ruling. The report highlights various initiatives undertaken by the state, including increased funding, expanded access to pre-kindergarten programs, and targeted support for struggling schools.

“According to the report, the state’s spending on public education has received a substantial boost. In fiscal year 2018, New Mexico’s education system was funded at the tune of $2.69 billion; in fiscal year 2024, the education system is being funded at $4.17 billion. That is an increase of $1.3 billion over five years. State funds have been channeled toward reducing class sizes, hiring additional teachers, improving professional development programs, and enhancing resources for English language learners and special education students.”

In fiscal year 2019, public education funding spiked. The biggest accomplishments of the 2019 Legislative session were the dramatic increases in public education funding, creation of the Early Childhood Department (CYFD), the mandates to Children, Youth and Families and Public Education departments, not to mention raises for educators and increasing CYFD social workers by 125 were clearly the biggest accomplishments of the 2019 Legislative session.

Funding spiked in 2019  and was up to $306 million, including the following:

• $64 million for Pre-K to better prepare children for elementary school.
• $45 million for family, infant, toddler programs to help families with children with developmental delays.
• $30 million for K-3 Plus to add 25 days to the school year.

New Mexico is 1 of just 4 states with a stand-alone department dedicated to services targeting children through age 5. The initial operating budget for the new department was $419 million for the 2020-2021 fiscal year. The new department is tasked with overseeing the state’s growing investment in prekindergarten, home visiting programs for new parents, childcare and similar services that previously were scattered across several departments. One of the key goals is to better coordinate the state’s network of early childhood services by housing them in one department rather than having them overseen separately by other departments.

In 2020 the New Mexico Legislature created a $320 million early childhood education trust fund. In 2021, lawmakers and the governor agreed to up the spending on early childhood programs to $500 million.

2022 EDUCATION BUDGET FUNDING

During the 2022 New Mexico Legislative session, a trio of bills were enacted to fund programs to help Native American students succeed in school. The house bills provided more than $70 million to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.

The first bill appropriated $20 million from the state’s general fund to the Indian Education Act to be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

A second bill appropriated $21.5 million to help tribal education departments develop learning plans and programs for students, extend learning opportunities and support tribal school libraries.

The third bill was aimed at higher education and  appropriated $29.6 million to four state colleges and three tribal colleges for 53 initiatives.

In 2022, voters approved tapping the state’s Land Grant Permanent Fund for roughly another $240 million annually for early childhood education and K-12 schools. The additional distribution of funding from the Permanent Land Grant Fund goes into effect on July 1. The Early Childhood Education and Care Department recently reported it will experience a 68% increase in funding for Fiscal Year 2024.

The link to news source on funding is here:

https://www.abqjournal.com/opinion/money-doesn-t-make-kids-count/article_65c5ecd8-0ca4-11ee-917e-93ee3771e5b3.html

 2023 EDUCATION BUDGET FUNDING

The enacted 2023-2024 New Mexico State budget contains major expenditures for  education and child wellbeing.  Those expenditures include:

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

 Links to quoted news source material are here:

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

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

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

 2024 EDUCATION BUDGET FUNDING

On February 12, 2024, the 2024-2025 Fiscal Year state budget was passed by the New Mexico Legislature. It contains  a 6.5% increase in recurring funds from last year’s  2023-2024 fiscal year.  The largest slice of the general fund goes to public schools, which are slated to receive about $4.3 billion for the fiscal year. That includes more than $94 million to give a flat 3% raise to all public-school employees, an amount that was trimmed by a Senate Finance Committee. Before public school employees were looking at a total average of 4% raises.  The final version the budget approved by the Senate includes $30 million for summer reading intervention programs, $14 million for early literacy and reading support and $5 million to train secondary educators in the science of reading.

 NM VOICES FOR CHILDRED ALLEGES RASCISM IN REACTION TO RANKINGS

The nonprofit advocacy group New Mexico  Voices for Children manages the state’s Kids Count Data Book  program. The organization issued the following statement in reaction to the 2024 Kids Count Rankings:

New Mexico’s ranking in the education domain is heavily impacted by national standardized test scores. . . These scores do not reflect the ability of our children, but rather an education system that is not designed with our multicultural, multilingual students in mind. New Mexico K-12 students of color and those who are Native American, from low-income families, and who have disabilities tend to not fare as well as their white, more affluent peers, largely as a result of generations of underfunding the education system and a lack of culturally responsive instruction and support. 

Institutionalized and systemic racism exacerbate inequities in child well-being, which are demonstrated in many of the KIDS COUNT indicators. Bottom-ranked states in the Data Book tend to have higher populations of children of color, highlighting that programs and systems are not designed to support them. 

COMMENTARY AND ANALYSIS

On June 13, New Mexico Politics With Joe Monahan reported major pushback to the racism charge by New Mexico  Voices for Children  to the Kids Count Data Book rankings and reported as follows:

Maralyn Beck, director of the foster care group NM Child First Network, came with this reaction to the racism charge made by New Mexico  Voices for Children:

“It’s absolutely poor leadership. We are well past excuses. To be in a position of leadership and authority, and be recognized as the authority on the well-being of our kids and to say stuff like this should be a fireable excuse. As long as we listen to authority figures who say it’s OK to be last, we will remain last.”

Republican State Senator Crystal Brantley, who has been watch dogging state childhood programs, said this:

“As long as we give power, credibility, and an audience to leaders who justify the state’s failure to care for our children, we will remain last in the nation. We have ample opportunities to improve, but Democratic leaders seem to just accept this moral failure as an immutable fact of life and an inevitability given our state’s poverty. But we are not a poor state, nor are we helpless. We must demand more from our leaders or vote to change directions this November.”

Santa Fe radio talk show host and self-described “liberal Democrat” Richard Eeds said this:

“I don’t agree with this apologetic and excuse perspective and I never have. Every time they say that “we are working on improvements” and “just give us more time,” I always want to ask don’t you think the other 49 states continue towards improvement too? Or do you think that they just stop trying to help their kids improve outcomes after their 49th? There is no plan. It’s a pure stall.”

https://joemonahansnewmexico.blogspot.com/

FINAL COMMENT

After a full 6 years of millions spent each year on the state education programs and departments created, it difficult to accept the  excuses given as to why New Mexico has not improved in the annual Kids Count Data Book. If anything, the ratings are getting worse.

The excuses that there is “institutionalized and systemic racism exacerbating  inequities in child well-being” in New Mexico and that  “New Mexico’s ranking in the education domain is heavily impacted by national standardized test scores” ring very hollow.  They  are offensive and a reflection of cowardness by public education leaders to take responsibility for what is happening and its mismanagement. It’s a failure to hold people accountable  for failing our kids.  How much more time and more funding will it take to turn things around? No one knows for sure but blaming racism  and not holding people responsible just does not cut it.

Links to related blog articles on the annual Kids Count Data Book are here:

https://www.petedinelli.com/2023/06/29/2023-annual-kids-count-report-again-ranks-new-mexico-50th-in-child-wellbeing-repairing-damage-done-by-republican-gov-martinez-to-states-public-education-system-taking-time-to-implement-refor/

https://www.petedinelli.com/2022/03/07/2021-new-mexico-kids-count-data-book-report-on-economic-well-being-education-health-and-community-of-new-mexicos-children-solutions-offered-funding-enacted/

https://www.petedinelli.com/2021/07/01/kids-count-data-book-new-mexico-still-at-the-bottom-with-our-kids/

https://www.petedinelli.com/2023/06/29/2023-annual-kids-count-report-again-ranks-new-mexico-50th-in-child-wellbeing-repairing-damage-done-by-republican-gov-martinez-to-states-public-education-system-taking-time-to-implement-refor/

On June 17 the Albuquerque City Council on a 6 to 3 vote passed a Charter Amendment that would eliminate all runoff elections for Mayor and City Council and mandating whoever gets the most votes wins with no runoff between the two top vote getters.  Whoever secures the most votes of all the candidates running at the same time wins the election out right. In a crowded field, the prevailing candidate would not have a majority vote but a much less percentage less than 50% of the vote.  The charter amendment must be placed on the November 5 general election ballot.  The charter amendment was sponsored Democrat Councilor Klarissa Pena and Republican Dan Lewis. Passage of the charter amendment has been severely criticized as a scheme to dilute the vote to help incumbents and those with high name identification by eliminating voter majority wins.  Mayor Tim Keller was quick to announce his intent to veto the  charter amendment, but the veto could be overturned on a 6 to 3 vote and then placed on the ballot.

What has not been widely reported is that Democrat City Councilor Klarissa Peña is still not done with attempting to change the basic city election process. Peña has introduced two additional charter amendments that have the goal of bringing all 9  city councilor elections into the same election cycle as the election for Mayor. The goal is to eliminate staggered terms of city councilors.

As it stands now under the city charter, 5 out of 9 City Councilors who represent the odd numbered City Council Districts 1,3,5,7and 9 are up for reelection in the same year as the Mayor. An individual who represents an odd number city council district can only run for City Council or Mayor, but not both. In other words, a City Councilor who represents an odd numbered City Council District must give up their seat if they run for Mayor.

Under one charter amendment the odd-district councilors representing Districts 1,3,5,7and 9 in 2025 would be elected to a two-year terms, then a four-year term in 2027. Under the other proposed charter amendment the even-district number councilors representing Council Districts 2,4,6 and 8 would in 2027 be elected to a two-year term requiring all 9 City Councilors to give up their seats to run for Mayor. Ultimately, only one of the two city charter amendment would be enacted by the city council. The next election for Mayor is in 2025.

It is common knowledge that Mayor Tim Keller is already preparing to run for a third term in 2025.  There are no term limits for Mayor or City Council. Councilors serve four-year terms on a staggered basis and there are no term limits for city council. District 1 City Councilor Louie Sanchez, District 3 City Councilor Klarissa Peña, District 5 City Councilor Dan Lewis, District 7 City Councilor Tammy Fiebelkorn, and District 9 City Councilor Renée Grout are up for reelection in 2025 and then again in 2029. To run for mayor next year in 2025 against Mayor Tim Keller, all 5 would have to surrender their city council seats. In 2013, then two term City Councilor Dan Lewis gave up his seat to run for Mayor. In 2017, then New Mexico State Auditor Tim Keller won the  runoff  election by a decisive landslide with 62.20% by securing 60,219 votes to Dan Lewis 37.8% who secured 36,594 votes.

District 2 City Councilor Joaquín Baca, District 4 City Councilor Brook Bassan, District 6 City Councilor Nichole Rogers and District 8 City Councilor Dan Champine are up for reelection in 2027 and then again in  2031.  All 4 could remain on the City Council to run for Mayor in 2025, and if elected Mayor would have to resign their position as a City Councilor but could then  appoint their successor.

Peña said she is very concerned about low voter turn outs in municipal elections. She said it could be beneficial for voter turnout to put all councilors on the ticket with the mayor. Peña said this:

“On the off years, we tend to garner more votes when we run with the mayor. … I think this would really drive out voter participation. … I’m just trying to achieve some fairness with this. … If you’re an odd-numbered councilor … then you really have to decide if this is the end of the road for you. [The 4 even numbered district city councilors] don’t have to make those decisions.”

Both Charter Amendments were introduced by Peña on June 17.  The charter amendments will have to go through the City Council’s committee hearing process and will likely have several rounds of public hearing before the 9 member City Council will take a final vote. Both Charter Amendments were fast-tracked in an effort to get them onto the ballot in November.  The City Council is on summer break and  the next City Council meeting will be on the August 5

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

https://www.yahoo.com/news/half-city-council-seat-run-030100655.html

COMMENTARY AND ANALYSIS

City Councilor Klarissa Peña’s support and sponsorship of eliminating all runoff elections for Mayor and City Council and now proposing abolishing staggered terms for city council and elections where all 9 city councilors would be up for election at the same time as the Mayor is a recipe for election chaos, total disruption of the election process and will be disastrous on many levels.  It also calls into question what is really motivating her and what are her own political plans.

Simply put, the Charter Amendment to reduce the vote to win a City Council or Mayoral race with whoever gets the most votes with no runoffs is very bad government on many levels and will result in chaos in municipal elections. Common Cause said it best when it was quick to address the city council vote on social media this way:

“[The Albuquerque City Council]  took us backward by amending an already bad proposal. Rather than lowering the threshold to be elected mayor or city councilor from 50% to 40%, they’ve eliminated any threshold altogether. Candidates under this scheme could be elected with 10% for example. The 6-3 passage of this proposal means, voters will be confronted with a question on this November’s ballot to eliminate run-offs and move to a free-for-all voting process where fringe candidates and special interests will dominate our elections.”

The primary purpose for having staggered terms for city councilors is ensure a degree of stability and allow for institutional knowledge on the city council when it comes to the legislative process. If all 9 city councilors are up for election in one election cycle, there could be a real possibly of a 100% turnover the same year on the city  council. This will result in the election of officials who have very little or no knowledge whatsoever of the legislative process, unless they have served on the council before,  that is so vitally needed for city policy and to get things done.

Councilor Klarissa Peña ostensibly believes that all city councilors should have the right to run for Mayor without giving up their seats on the city council, including herself. This is misplaced concern given that when you run for city council, it should be to do your best to represent your constituents with no concern to run for Mayor in the future. Those running for odd number city council districts know full well the limitations of running for Mayor and if not they should just ask Dan Lewis.

City Councilor Klarissa Peña said she is not aware of any odd-district councilors interested in running for mayor in 2025.  The truth is it is still way too early and it is doubtful any City Councilor who wants to run next year for Mayor would disclose it to her now or  to the public.

City Councilor Peña is up for reelection next year in 2025. What she has not disclosed is if she is running for another term or does she intend to run for Mayor against Mayor Tim Keller. In which case she will politically benefit from enactment of all the Charter Amendments she is sponsoring. In the interest of full disclosure and transparency Councilor Klarissa Peña should be far more candid about her own politcal ambitions and intentions before she starts asking voters to change our election process in such dramatic ways.

On June 18, the Albuquerque City Council adopted as well as rejected  amendments to the city’s Integrated Development Ordinance (IDO) which is the city’s extensive and very complicated zoning code. This is a short summary of what amendments passed and what failed.

MAKING ADOPTION OF IDO AMENDMENTS BIANNUAL

One of the biggest complaints of the general public has been that the city council makes repeated changes and amendments to the Integrated Development Ordinance that are often controversial and very difficult to be kept up with by the public.  Since the adoption of the Integrated Development Ordinance by the City Council in 2017, the City Council has amended it upwards of 600 times contributing to confusion and instability in enforcement.  It’s not at all uncommon for city councilors and for that matter Mayor Tim Keller to propose amendments to the IDO promoting their own personal agenda and contrary to the wishes and desires of the general public and voters. This was the case last year when  Mayor Tim Keller and the City Council  promoted Keller’s “Housing Forward Plan” to increase affordable housing with numerous amendments to the IDO which included “casita” and “duplex developments” as permissive uses rather than as  conditional uses in established neighborhoods to increase density and affordable housing. The amendment to make the annual revisions and update of the Integrated Development Ordinance biennial instead of yearly was sought to slow down the extent of the IDO amendments by the City Council.  Regular review and revisions of the IDO will now occur every other year.

EDITORS NOTE: The postscript to this article revisits the enactment of the Integrated Development Ordinance and Mayor Tim Keller’s “Housing Forward Plan”.

TRIBAL CONSULTATION AMENDMENT PASSES

The Tribal Consultation Amendment passed unanimously. This amendment requires the city to consult Native American tribes on new developments near tribal lands. Several city councilors expressed interest in requiring tribal consultation for new developments after President Joe Biden began mandating that federal agencies reestablish tribal consultations.

Over the past year, the city Planning Department, Intergovernmental Tribal Liaison Terry Sloan  and  City Councilor Tammy Fiebelkorn have been seeking tribal and community input on an amendment to require tribal consultation for new developments near tribal land.  It’s interesting to note that City Councilor Tammy Fiebelkorn, who represents District 7 which includes mid town and uptown, has no tribal lands in her district. Pre-submittal tribal meetings will be required for developments adjacent to tribal lands or on land owned by tribes, such as the Indian Pueblo Cultural Center. Sloan said he hasn’t heard of other municipalities adopting similar zoning requirements, but said he wouldn’t be surprised if other cities followed suit.

According to, it took a full year to get the amendment on the books. Sloan said this:

“It really did come to an incredible crescendo [at the the June 18 city council meeting]. I couldn’t believe it was all unanimous.  I almost jumped out of my seat! … It evolved very nicely. … I think it’s a beautiful piece of work, to tell you the truth. … What it does is it truly recognizes tribal sovereignty and self-determination and recognizing them as partners, as colleagues, collaborators in developments. …It gives the tribes a voice in this process, which they should have had for a long time.”

BATTERY STORAGE SYSTEMS AMENDMENT PASSES

The Battery Storage Systems Amendment passed unanimously. The amendment was advocated as a key to transitioning to renewable energy and ensuring power grid resilience. An amendment adopted should ensure that if such a system is built in neighborhoods, it complies with certain standards and visually fits into the neighborhood.

Several public commenters expressed concern about the fire danger associated with battery storage systems. Representatives of the Albuquerque Fire Rescue Department (AFRD) sought to quell those fears. According to an AFRD representative, the Electric Power Research Institute reported that in a sample of 500 utility scale battery storage systems, which is larger than what is provided in the amendment, there were 14 fire incidents, and none resulted in injury or loss of life. AFR said it would oversee plan review and train responders on the storage systems.

Councilor Renée Grout asked if, regardless of whether the amendment went through, a battery storage system could still be installed and the answer was “it potentially could”.  Concerned that the installations might be an eyesore, Grout said she was encouraged by the facade requirements. Grout said said this:

“With these protections in there, it may help in the future. … Energy storage is a new technology … we also need to be proactive about the future. It’s good to hear that Phoenix, which is our neighbor, that they’re doing this.”

THE ALLEY LIGHTING AMENDMENT PASSES

The Alley Amendment to the IDO Passed unanimously. The amendment requires new multifamily or mixed-use developments to provide lighting if they abut an alleyway.

AMENDMENT ALLOWING DUPLEXES FAILS

An amendment that would allow duplex construction as a “permissive use” in established neighborhoods failed on a 6 to 3 vote.  The Council reaffirmed the Land Use Planning and Zoning Committee’s rejection of allowing duplexes as permissive uses ¼ mile beyond the Uptown “urban center” which is in City Council District 7 represented by Tammy Fiebelkorn. The District 7 Coalition of Neighborhood Associations representing 13 neighborhood associations passed a resolution opposing allowing duplexes as permissive uses ¼ mile beyond the Uptown “urban center”.  Voting no were Republican City Councilors Dan Lewis, Brook Bassan, Renee Grout and Democrats Klarissa Pena and Louie Sanchez.  Democrats Tammy Fiebelkorn, Nichole Rogers, and Joaquín Baca voted for the duplex amendment.

The Albuquerque Comprehensive Plan provides that the  purpose of Urban Centers (UC) is to incorporate a mix of residential and employment uses at a lower density and intensity than Downtown. While Urban Centers serve a smaller portion of the region, the intent is to   provide a unifying urban identity for the areas that coalesce around them. Growth is encouraged in Urban Centers.  The Centers and Corridors policies contained in the Comprehensive  Plan encourage higher-density and higher-intensity development in appropriate places to create vibrant, walkable districts that offer a wide range of services and recreational opportunities. There are only two urban centers in the City and they are  the Uptown Urban Center (UC) in City Council District 7 represented by Democrat City Councilor Tammy Fiebelkorn and on the Westside at Paseo del Norte and Unser which is a developing Urban Center in City Council District 5 represented by Republican City Councilor Dan Lewis.

The amendment to the IDO failed despite several compromises intended to make the proposal more palatable. That included limiting the areas where duplexes would be allowed to certain areas and only permissively zoning the use for existing homes.  Five of the nine council districts have areas that would have fallen into that category. Four of nine districts would have no areas impacted by the change.

During public comment, people turned out in favor of and against duplexes.  Proponents said duplexes in established neighborhoods would open up affordable housing opportunities. Opponents said the proposal would increase traffic and eat up starter homes around the city.

City Councilor Tammy Fiebelkorn said this:

“I find it very fascinating that the reason for opposing it changes every single time we put out a new iteration, but the reasons for supporting it haven’t changed since last year.”

COMMENTARY AND ANALYSIS

City Councilor Tammy Fiebelkorn’s comments and her vote to allow duplex development in established neighborhoods to increase density should come as absolutely no surprise to anyone given the fact that she was “thick as thieves” with Mayor Tim Keller last year as she promoted and voted for Keller’s Housing Forward ABQ Plan to increase affordable housing by allowing casita and duplex development in established neighborhoods. Fiebelkorn did so despite the strong and vocal opposition to it by many of her own City Council District 7 constituents.

People buy single detached homes wanting to live in low density neighborhoods not high density areas that will reduce their quality of life and reduce the peaceful use and enjoyment of their homes and families.  Allowing duplex remodeling, as the IDO Amendment would have allowed, in all likelihood would result in rentals on single family properties and would seriously damage the character of any neighborhood.

People buy their most important asset, their home, with the expectation they can trust the city not to change substantially the density, quality and appearance of their neighborhood. What happened with the enactment of Keller’s Housing Forward ABQ Plan and amendments to the Integrated Development Ordinance was a breach of trust between home owners, property owners and the city and its elected officials who put “profits over people” to benefit the development and investment industry.

Fiebelkorn was one of the 3 city councilors who voted for allowing duplexes as permissive uses ¼ mile beyond Uptown “urban center” which is in her City Council District.  She did so despite vocal opposition to the Amendment by the District 7 Coalition Of Neighborhood Associations who voted to oppose the amendment.

Fiebelkorn has the reputation of simply ignoring constituent concerns and complaints and offending constituents and promoting her own personal agenda without any effort at compromise. A prime example of Fiebelkorn’s hypocrisy and  promoting her own personal agenda while ignoring her constituents is where she advocated the Tribal Consultation Amendment requiring that  tribal interests be conferred with before development but then turn around  and voted for allowing duplex development and remodeling in her district, approved by the planning department, over objections of adjacent property owners.  Fiebelkorn is likely to seek a second term in 2025.  With any luck opposition will emerge and Fiebelkorn will be a one term city councilor.  District 7 needs to elect a city councilor who genuinely promotes the best interests of the district, listens to their concerns and need  and not  just promote a personal agenda.

POSTSCRIPT

REVISITING THE IDO AND KELLER’S HOUSING FORWARD PLAN

It was in 2015 that former Mayor Richard Berry during his second term started the rewrite process of the city’s comprehensive zoning code and comprehensive plan to rewrite the city’s entire zoning code. It was initially referred to as the  ABC-Z Comprehensive Plan and later renamed the Integrated Development Ordinance (ID0) once it was passed.  In 2015, there were sixty (60) sector development plans which governed new development in specific neighborhoods. Forty (40) of the development plans had their own “distinct zoning guidelines” that were designed to protect many historical areas of the city. The enactment of the comprehensive plan was a major priority of Berry before he left office on December 1, 2017.  IDO was enacted with the support of Democrats and Republicans on the City Council despite opposition from the neighborhood interests and associations.  Under the enacted Integrated Development Ordinance (IDO) the number of zones went from 250 to fewer than 20, which by any measure was dramatic. The IDO  granted wide range authority to the Planning Department to review and to  unilaterally approve development applications without public input.

https://publicpolicy.wharton.upenn.edu/live/news/1581-impacts-of-gentrification-a-policy-primer/for-students/blog/news.php

On October 18, 2023,  Mayor Tim Keller declared that the city was  in need of between 13,000 and 33,000 housing units to address the city’s short supply of housing and that upwards of 40 new people move into the Albuquerque area every day who are in need of housing, Mayor Tim Keller announced his “Housing Forward Abq” plan.  According to Keller, the city needs to work in close conjunction with the city’s residential and commercial real estate developers to solve the city’s housing shortage crisis.

Keller said the goal of his Housing Forward ABQ plan is for the city to bring 5,000 new housing units to the city by 2025. He is proposing to do so mostly through the redevelopment of hotels, or conversions to permanent housing, and changing city zoning codes to allow for the development of “casitas” and duplexes in established neighborhoods. .

In 2023, Mayor Tim Keller pushed for enactment of two major amendments to the  Integrated Development Ordinance (IDO) as part of his Housing Forward ABQ Plan to increase affordable housing by increasing density in established neighborhoods. One amendment allows one 750 foot “casita” or one  “accessory dwelling” unit on all built out lots which could double density to 240,000  housing units.  The second amendment would have allowed “duplex development” on existing residents where 750 square foot additions for separate housing would be allowed on existing residences which with casitas would have tripled density to 360,000.  Mayor Keller called the legislation “transformative” updates to Albuquerque’s Integrated Development Ordinance (IDO) to carry out his “Housing Forward ABQ”.  

The amendments contained in the legislation was to allow the construction of 750 square foot casitas and 750 square foot duplex additions on every single existing R-1 residential lot that already has single family house built on it in order to increase density. The amendments as originally proposed would allow one “casita” and one “duplex addition” with a kitchen and separate entrance to an existing structure on all built out lots.  City officials said at the time  that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences.

The zoning code amendments would have made both casitas and duplex additions “permissive uses”.  Historically, they have always been “conditional uses”.  A “conditional use” requires an application process with the city Planning Department, notice to surrounding property owners and affected neighborhood associations and provides for appeal rights.  A “permissive use” would give the Planning Department exclusive authority to issue permits for construction without notices and hearings and with no appeal process to surrounding property owners. Objecting property owners and neighborhood associations to the permissive casita and duplex uses would be relegated to filing lawsuits to enforce covenants and restrictions.

The Albuquerque City Council voted 5-4 to approve the zoning code changes with amendments made to the  Integrated Development Ordinance.  The version of the bill that ultimately passed on a 5-4 vote was amended extensively. The city council voted to allow casita construction as a “permissive use” in all single-family R–1 zone and reduce parking requirements for some multifamily properties and changing building height limitations. This was a major change supported by the development community. The city council voted ultimately to strike the amendment and to not allow duplexes to be permissively zoned in R–1 zone areas, which make up about two-thirds of the city.

On July 6, 2023, Mayor Tim Keller signed into law the zoning amendments that embody his “Housing Forward ABQ Plan”.  It allows  casita construction on 68% of all built out residential lots in the city.  Casita construction is now a “permissive use” on all single-family R–1 zones giving the Planning Department exclusive authority to approve casitas over objections of adjoining property owners.

The Keller Administration was able to narrowly secure some victories on the “Housing Forward ABQ Plan.”   Measures that PASSED included allowing two “Safe Outdoor Spaces” in all 9 City Council Districts, casita construction in established residential areas of the city to increase density and reducing restrictions on motel conversion projects to allow for easier development.  Measures that FAILED included allowing duplex development on existing housing to increase density, reducing parking requirements for multifamily developments and increasing building heights for some apartment buildings.

Links to related blog articles are here:

An In-Depth Analysis of Mayor Keller’s “Housing Forward ABQ Plan”; Plan Met With Hostility And Mistrust by Public; Viewed As Destroying Neighborhoods To Benefit Developers

Opinion Columns On Keller’s ABQ Housing Forward Plan; Allowing Casitas’s And Duplex Development On 68% Of City Residential Lots Caters To Developers And Will Destroy Neighborhoods

Mayor Tim Keller’s “Housing Forward ABQ Plan” And Efforts To Increase Affordable Housing Failing; Will Not Likely Produce 5,000 Units Of Affordable Housing By 2025 As Keller Caters To Developers

On June 17, the Albuquerque City Council passed 3 City Charter amendments to be placed on the November 5 general election ballot for voter approval. Those Charter Amendments are:

1. Eliminating all runoff elections and mandating whoever gets the most votes wins with no runoff between two top vote getters.
2. Establishing a process for removing APD and fire chiefs.
3. A charter amendment to create a process to fill vacancies on a city committee intended to resolve separation of powers issues between the mayor and city council. The committee includes appointees of both the mayor and city council.

ELIMINATING ALL RUNOFF ELECTIONS

By far the most contentious city charter Amendment that passed on June 17 was the one that would eliminate all runoff elections for Mayor and City Council and mandating whoever gets the most votes wins with no runoff between two top vote getters.  Whoever secures the most votes of all the candidates running wins the election out right. However, if there is a tie between the two top vote getters, then and only then would there be a runoff.  The charter amendment was sponsored by Republican Dan Lewis and co-sponsored by Democrat Councilor Klarissa Pena.  The Charter amendment eliminating all runoffs passed on a 6-3 vote.  Republican City Councilors Dan Lewis, Brook Bassan, Renee Grout and Dan Champine along with Democrat City Councilors Louie Sanchez and Klarissa Pena voted “YES”. Democrat City Councilors Tammy Fiebelkorn, Nichole Rogers and Joaquín Baca voted “NO”.

Dozens of public commenters spoke in opposition to the measure during the City Council meeting. One commenter said that despite the high cost of runoff elections, it was “money well spent.”  Another said “Breaking with established norms, you are proposing to do away with majority rule, a cornerstone of a representative democracy. You are suggesting that a candidate that receives a majority of votes against them is fit to serve and carries a mandate to govern.”

Proponents of the measure said it could decrease the number of runoff elections, which have low voter turnout and high costs.

Several public commentors called the proposal undemocratic which prompted nasty and hostile reactions from City Council President Dan Lewis and Councilor Klarissa Peña, the  bill sponsors.  Lewis said this:

“There’s nothing more democratic than Council to be voting on this tonight. … And nothing more democratic than the general public voting on this in November.”

Councilor Klarissa Peña, the second sponsor of the amendment, pulled the race card saying primary runoff elections are used in only a few states and were rooted in racist policies intended to keep white politicians in power. Peña said this:

“This is history, folks.”

Councilor Peña said she sees problems with low voter turnout, especially in historically disenfranchised communities. Peña said this:

“We’re in really difficult political times, and people feel like their voices aren’t being heard. … When we have such small voter turnouts, and even smaller the second time around, then something’s wrong.”

First term City Councilor Nichole Rogers, the only African American on the city council, and who was elected in November, 2023 in a runoff election after none of the 4 candidates running secured 50% of the vote, rejected Pena’s  argument and said this:

“Do not use my people’s plight to justify … making things easier for you to win.”

SWIFT REACTION

Common Cause is a national, non-partisan, watch dog organization that fights for accountability in government, equal rights and opportunities and representation, including voting, and empowering voices to be heard.  Common Cause was quick to address the city council vote on social media this way:

“[The Albuquerque City Council]  took us backward by amending an already bad proposal. Rather than lowering the threshold to be elected mayor or city councilor from 50% to 40%, they’ve eliminated any threshold altogether. Candidates under this scheme could be elected with 10% for example. The 6-3 passage of this proposal means, voters will be confronted with a question on this November’s ballot to eliminate run-offs and move to a free-for-all voting process where fringe candidates and special interests will dominate our elections.”

MAYOR TIM KELLER WILL VETO CHARTER AMENDMENT ELIMINATING ALL RUNOFF ELECTIONS

Mayor Tim Keller announced  he will  veto the charter amendment  eliminating all runoff elections and said this:

“Now basically you can be mayor with like 10% of the vote. And, I mean, sometimes there are a lot of people who run and lots of candidates. So it’s just very difficult to govern when people expect our leaders to get a lion’s share of the vote.”

Keller gave three reasons for his veto:

First,  voters in 2013 voted to approve a charter amendment  to increase the vote threshold from 40% to 50%. Keller said “The voters have already voted on this. … There’s no reason to make them do that again.”

Second, the change could make it difficult for incumbents to lose in a city with no term limits. Keller said in races with several candidates, plurality would make it easy for candidates with more name recognition to win. Keller said this:

“This version helps incumbents in a way that, even though it would benefit me, it’s just wrong for Albuquerque, and I think wrong for elections. … It’s just too much bias towards incumbency.”

Third the ballot measure could become a “political sideshow.”  Ostensibly this comment references the days when there were multiple candidates running for Mayor and many were considered fringe candidates that diluted the vote with some candidates giving a circus atmosphere to the election.

Regardless of a veto, City Councilor Klarissa Peña said something needs to be done, even if it’s not the charter amendment.  Peña said this:

“I’m not sure plurality is digestible for people. … I just hope people recognize we need to do something about waking the sleeping giant.”

KELLER ANNOUNCES NO VETO OF OTHER TWO CHARTER AMENDMENTS

On June 19, it was reported that Mayor Keller does  not plan to veto the other  two charter amendment proposals that passed the City Council.

Keller said he will not veto the charter amendment to create a process to fill vacancies on a city committee intended to resolve separation of powers issues between the mayor and city council. The committee includes appointees of both the mayor and city council.

Keller said he would not veto charter amendment which would change the process for removing the chief of police or the fire chief.  The current charter requires cause to remove the police and fire chief. An amendment passed would require an employment contract agreement for both positions. The proposal would allow the mayor to terminate the chiefs. The City Council would also be able to remove either position with at least seven votes, after notifying the mayor and chief.  Keller said this:

“We worked together, and we came up with a good piece of legislation to send to the voters that really allows what people want, which is in extreme cases, the council could get rid of a chief with a two-thirds vote, and so could the mayor.”

Those charter amendment will  be on the November 5 ballot. The City Council can override mayoral vetoes with a two-thirds vote.

The link to a quoted news source article is here:

https://www.abqjournal.com/news/keller-plans-to-veto-charter-amendment-that-would-reduce-vote-requirements-from-50/article_e0681188-2dc7-11ef-9c04-7f1a67f581b8.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It is right for Mayor Keller to announce early that he intends to veto the charter amendment eliminating all runoff elections. The problem is that it was enacted by the City Council on a 6 to 3 vote, meaning his veto could be overridden by the council if all 6 of  the City Councilors who voted for it initially refuse to change their minds. Simply put, the Charter Amendment to reduce the vote to win a City Council or Mayoral race with whoever gets the most votes with no runoffs is very bad government on many levels and will promote chaos in municipal elections.

REAL REASONS FOR COUNCIL’S CHARTER AMENDMENTS

The relations between Mayor Tim Keller and the more conservative majority city council have deteriorated because of the sure frustration the conservatives on the council have experienced in not being able to stop the Keller progressive agenda with overriding vetoes. The conservative leaning  city council has shown significant resistance to Mayor Keller’s progressive agenda as going too far.  Repeatedly the conservative city council has attempted to repeal ordinances and resolutions enacted by the previous more progressive city council and to limit the authority of Mayor Tim Keller.  Prime examples include the following:

1. A resolution to repeal or limit mayoral authority during a public health emergency.
2. A resolution baring the city from mandating covid-19 vaccines for the municipal government workforce.
3. Resolution directing the city administration to consider and “push to renegotiate the terms of the federal court approved settlement agreement.”
4. Repeal of a quarter cent tax increase in gross receipts tax enacted a few years ago.
5. Repealing or attempting to amend the City’s “Immigrant Friendly” policy calling it a “Sanctuary City” policy and requiring  APD to assist and cooperate with the federal immigration authorities.

The  charter amendments are not the first time that the conservative city council has attempted to reduce the authority of Mayor Tim Keller by City Charter Amendments. The relations between Mayor Tim Keller and the more conservative majority city council deteriorated so significantly that on April 27, 2023 first term City Councilors Democrat Louie Sanchez and Republican Renee Grout announced legislation proposing a City Charter amendment for a public vote that would have made the Mayor of Albuquerque a member of the City Council.  They wanted to transfer all the mayor’s executive and city management duties to a city manager chosen by the city council. According to the proposed legislation, the mayor would have been “recognized as the head of the City government for all ceremonial purposes”.   

The city council is now  trying to get city voters to change in a very dramatic way how we elect city officials in order to carry out a personal vendetta against a Mayor they do not like and who they perceive as ineffective and unpopular.

It’s downright offensive to city voters that City Council President Dan Lewis and Klarissa Pena pulled  the “race card” alleging runoff elections are rooted in racist strategies in the South. Both conveniently ignored  the fact that it was voters who changed the charter provisions by requiring run offs where no one candidate secures 50% of the vote  and it was done so on recommendation of a Charter Review Task Force.

Initially when the Mayor-City Council form of government was created, it was common to have upwards of 15 candidates running for Mayor and who ever got the most votes won. A good example of this type of election occurred in 1997 when Progressive Democrat Jim Baca was elected with 29% of the vote in an 8 candidate race. Baca was hampered during his 4 years as Mayor by critics claiming he did not have a mandate to govern. Baca sought a second term and lost. In 2017, when there were also 8 candidates running for Mayor, and when runoffs were mandated between the two top vote getters, Tim Keller won the 2017 runoff by a decisive landslide with 62.20% by securing 60,219 votes to Dan Lewis 37.8% who secured 36,594 votes.

Mayor Tim Keller, and for that matter the general voting public, should make every effort to try and  talk some sense into the 6 city councilors who voted for this ill-advised amendment to eliminate run offs and encourage them to let the Keller veto stand. Otherwise, every effort should be made by Keller and the general public to campaign and make sure the measure is defeated at the polls come November 5.