NM Supreme Court Issues “Order To Show Cause” To Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD Bribery Scheme To Dismiss DWI Cases; Filing Comes Days After Federal Judge Issues Order To Show Cause To Clear 

On  February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. Clear is being ordered to show cause by the NM Supreme Court why he should not be held in contempt of court and disciplined for his alleged nefarious conduct in the racketeering, bribery and kickback scheme to law enforcement officers to get DWI cases dismissed. The bribes were given in exchange for referring clients to Clear and helping Clear to get the criminal charges dismissed in court. The bribes were in the form of cash, money orders, gifts, trips or free legal advice. The officers alleged to be involved are  with the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State Police Department .

The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. The New Mexico Supreme Court’s Order to Show Cause is essentially identical in nature  to the one filed just days before by Chief U.S. District Judge Kenneth Gonzales. Clear has practiced in both federal and state courts over the last two decades. Clear has not been criminally charged nor has he  said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office.

16-804 of the New Mexico Rules of Professional Conduct entitled Misconduct, states:

“It is professional misconduct for a lawyer to:

  • Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another;
  • Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
  • Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
  • Engage in conduct that is prejudicial to the administration of justice;
  • State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or N.M.R.A. 16-804.”

The New Mexico Supreme Court is giving Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct. Chief U.S. District Judge Kenneth Gonzales has given Clear  30 days to respond in writing, and two weeks if he is charged with a crime.

FEDERAL INVESTIGATION

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All  those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to the main witness’ credibility being called into question which in all the cases are APD officers.

The bribery and conspiracy investigation has evolved during the last year into  the largest corruption case in APD’s history. A total of 12 APD Police officers have been implicated in the scandal. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about their involvement in the  scheme to dismiss DWI cases.

On January 24, Bernalillo County Sherriff John Allen announced that one BCSO deputy implicated was immediately placed on administrative leave.

The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that  no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

MENDEZ CRIMINAL INFORMATION AND PLEA AGREEMENT

It was on January 24 that a federal criminal Information charging document was filed by the United States Attorney identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. Mendez plead guilty to all the charges on the same day the criminal Information was filed. The 8 count Criminal Information charges one count of Racketeering under the federal Racketeer Influence and Corrupt Organizations Act (RICO), 5 counts of Bribery of an Agent, 1 Count of Interference With Commerce by Extortion Under Color of Official Action, Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion.

According to the criminal Information filed, Mendez  and officers and deputies at APD, BCSO, and the New Mexico State Police worked with at least two private defense attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for bribes consisting of cash, money orders, gifts, trips or free legal services.  No attorneys and no  APD, BCSO nor State Police Officers were named in the charging document nor have they been charged separately to date.  The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.

In his Plea and Disposition Agreement, Ricardo “Rick” Mendez admitted he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear, III. Mendez admitted that he subsequently helped Clear get the cases dismissed in court. The suspects would pay higher than usual legal fees to Clear, and the officers received cash, gift cards, free legal services and other financial gain in exchange for not filing criminal charges  or missing DWI hearings.

The links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_86aca9da-e28d-11ef-8fd3-4f512fc126ab.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-new-mexico-supreme-court-dwi-scandal/63657743

https://www.krqe.com/news/albuquerque-metro/new-mexico-supreme-court-issues-order-for-attorney-thomas-clear/

COMMENTARY AND ANALYSIS

The filing of “Order To Show” pleadings by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales were done “sua sponte”, meaning on their own initiative without any prompting by any source or party to litigation. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.

Criminal Defense Attorney Thomas Clear, III, has not been formally charged with any crime nor has he been found guilty of any crime. A “Co-Conspirator 1” is identified  in the federal criminal Information charging Clear’s investigator and  para legal Ricardo “Rick” Mendez with racketeering, bribery and conspiracy in the kickback scheme.

Based on the admissions and guilty plea contained  in the January 24 Plea and Disposition agreement,  Mendez  has identified  Thomas Clear, III as Co-Conspirator 1”.    Both Courts are confronting Clear with the allegations  and demanding  explanations of his involvement.  For that reason, its more likely than not that Clear will respond to both the Court’s Order to Show orders by asserting his 5th Amendment constitutional right against self-incrimination and demand due process of law. In particular, its likely Clear will tell both courts he has not been charged, he has not been found guilty of any crime and that neither court can impose discipline until he is charged and found guilty. Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or disbarment from the practice of law.

After over a year of front page news and investigation by the FBI and the Department of Justice, it was a major disappointment, but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified law enforcement officers implicated in the scandal nor any of the attorney’s involved. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney’s Office has done a major disservice the citizens of Albuquerque by not indicting nor charging any of the law enforcement implicated nor the attorneys alleged to be involved.  After over a full year investigation, its likely the US Attorney’s office and the FBI  have more than enough to proceed with charges and more than enough evidence to secure convictions,  with the cooperation of Ricardo “Rick” Mendez, yet the public is told stay tuned.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved, yet no charges have been filed against law enforcement officers suspected of taking bribes nor the attorneys.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are also held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are involved are convicted  and they lose their law enforcement certification and disbarment occurs with the attorneys involved in the RICO “DWI Enterprise”. The Order To Cause proceeding filed by both courts  are  a first  good step.

Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”

ABQ Journal Dinelli “Local Columnist” Column: “DWI Bribery Scandal Has Tarnished Our Criminal Justice System”; Links To Related Articles On Defendant Pleading Guity To DWI Bribery Scandal And Federal Judge Seeking To Hold Defense Attorney In Contempt Of Court For Role In “DWI Enterprise” Bribery Scheme  

The Albuquerque Journal has made major changes to its Editorial Opinion Page. The paper now features 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.  “Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”

On February 2,  the Albuquerque Journal published on its OPINION page the below “Local Columnist” guest column:

HEADLINE: “DWI Bribery Scandal Has Tarnished Our Criminal Justice System”

BY PETE DINELLI, LOCAL COLUMNIST

“After over a yearlong investigation by the FBI and the U.S. Department of Justice, a central figure who coordinated bribes with law enforcement to dismiss DWI cases has pleaded guilty to racketeering charges. Albuquerque Police Department (APD), Bernalillo County Sheriff’s Office (BCSO) and State Police officers have been implicated, but none have been charged.

A major disservice has occurred to the public by not charging the APD officers implicated, with only a promise of charges to come.

The U.S. attorney and the FBI should have more than enough evidence to indict and secure convictions. The current U.S. attorney for New Mexico, Alex Uballez, will likely be fired by President Donald Trump and it could take months to replace him. The decision to go forward will now be left to the next U.S. attorney, who could easily decide not to pursue prosecutions

Mayor Tim Keller and Police Chief Harold Medina have been in a full political spin cycle of “pivot, deflect and blame” since the news broke and since the City Council accused them of failed leadership in dealing with the scandal.

Medina blamed the District Attorney’s Office for a failure to advise the APD when officers did not appear for court. Medina falsely accused the public defender’s office of being aware that Public Defender Commission chair Tom Clear was involved with nefarious conduct, and that the public defender’s office did nothing.

Both Keller and Medina admit that the alleged APD bribery scandal went on the entire time they have overseen the APD, but they never detected it. Both admit that only after they found out that the FBI was investigating the APD that the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI.

Medina’s admissions come from a chief who claims he has never looked the other way at police corruption. Keller and Medina both looked the other way on documented corruption involving overtime pay abuses by police officers. There have been seven audits in eight years documenting corruption, waste, fraud and abuse in police overtime, with one audit done by then-New Mexico State Auditor Tim Keller.

APD Chief Medina says the bribery is “generational” going “undetected” for 20 years. Medina has been part of APD’s “generations” of cops. Medina retired from the APD after 30 years of service. Seven years ago, Medina returned to APD as the deputy chief of field services. He oversaw the DWI Unit, assigning officers to it.

Medina knew, or should have known, what was going on within the DWI Unit. One of the APD officers involved in the bribery has said Medina knew what was going on but did nothing to stop it.

Medina was given notice of the bribery as late as December 2022, but he did nothing for a full year.

APD is viewed as having a bastion of “dirty and corrupt cops,” who have brought dishonor to their department and their badge and to the department’s professed values of “pride, integrity, fairness and respect.”

The DWI bribery scandal has shaken the public’s faith in our criminal justice system. Now the public is learning that BCSO and New Mexico State Police officers may also have been involved.

The only way faith can be restored in the APD, and law enforcement, will be when the police officers and the lawyers involved are held accountable. That will only happen when there are aggressive prosecutions and convictions.

Keller is seeking a third four-year term as mayor. The APD bribery scandal calls into question Keller’s management of the APD — after all, he appointed the chief of police — and if he should be elected to a third term.

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer and former chief deputy district attorney. You can read his daily news and commentary blog at www.PeteDinelli.com.

The link to read the Albuquerque Journal article with photos is here:

https://www.abqjournal.com/opinion/article_39c327dc-ddcb-11ef-9d4f-474ec6d25720.html

The links to 2 related Dinelli blog articles are here:

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

 

Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Roll In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”

 

Jaemes Shanley Guest Opinion Column: A Mark Twain Neighborhood Perspective Of Albuquerque

Jaemes Shanley is a resident of the Mark Twain neighborhood located in the mid heights. He first arrived in Albuquerque in August 1969, after graduating High School in England, to attend UNM from which he graduated in 1973. His parents followed a year later, and his father retired in Albuquerque after a 30 year career as a US Naval aviator.  In 1971 they purchased a home in the Mark Twain neighborhood where they resided for the remainder of their lives. Jaemes worked a lifetime in the private sector in sales and marketing for various corporations in the United States, Australia, and Japan. His worked required extensive travel throughout Asia Pacific and Latin America routinely on the ground in more than 30 countries. Jaemes and his wife returned to Albuquerque in September 2006 to renovate and take up residence in his parent’s Mark Twain neighborhood home where they reside today, becoming actively involved with Neighborhood Associations.

JAEMES SHANLEY GUEST OPINION COLUMN

EDITOR’S DISCCLAIMER: Following is a guest opinion column written by Jaemes Shanley.  The editor has added section  headlines to assist readers.  The opinions expressed in this guest opinion column by Jaemes Shanley do not necessarily reflect those of the  www.petedinelli.com blog. Mr. Shanley gave consent to publish his guest column and he was not compensated for it. The guest column is being published as a public service announcement to educate citizens of Albuquerque and neighborhood associations.

A MARK TWAIN NEIGHBORHOOD PERSPECTIVE OF ALBUQUERQUE

Before the social media revolution, neighborhoods were the anchoring secular bedrock of community in America. They reflected and reinforced shared values, security, and above all, respect for the ownership or occupancy of property. They influenced, supported, and were supported by surrounding businesses. Children could be raised, play on its sidewalks and streets, and walk to and from school or bus stops.  Property owners invested effort and money in the maintenance and improvement of their property with reasonable assurance the value of the investment would accrue to a stable if not increasing real estate valuation. Neighborhood streets were the “media” of face-to-face social interaction.

I live in the Mark Twain neighborhood, part of what is often referred to as the near northeast heights.  When my parents acquired the house that is now my home the area was an iconic manifestation of an American polity and economy anchored in the expectation and realization of upward mobility.  After 30 years of the nomadic military life, my parents reveled in the interaction and relationship formation the neighborhood offered, including an enduring decades long friendship with near neighbors Manuel and Jean Luhan who were residents here the entirety of his U.S. Congressional and Cabinet career.

My business travel through midsize towns of Ohio and Indiana in the early 2000’s alerted me to a troubling visible decay occurring in this country, but it was surprising and alarming to see it taking root in parts of Albuquerque a decade later. Over the past ten years anyone driving along many of our main corridors has witnessed scenes and sites of destitution and desperation that defy any cognitive reconciliation with the notion we live in the richest and most powerful nation on earth.  In too many neighborhoods, including mine, a drive is no longer necessary to witness this stark visible contradiction of the national self-image I have held as an American all my life.  At best it is only blocks away.  At worst it can be seen on the sidewalk in front of my house. I had to travel to Mumbai India in 1994 to witness for the first time the kind of squalor and poverty I can now see in vast swaths of Albuquerque.

This is not the product of change in my neighborhood’s residential demographic and properties.   It is the effect of an unchecked tide of downward mobility and economic marginalization within Albuquerque’s population, expressed in a steadily growing “community” residing on our streets, unanchored by neighborhood attachment, and characterized by subsistence level living, vagrancy, desperation, addiction, and, often, criminality.  The most pronounced direction of that wave has been from the southeast International District toward us. In addition to frequent vagrancy and incidents of crime in the neighborhood, the irrefutable evidence of these changes can be seen in the nature and targeted clientele of surrounding businesses.  

THE EVOLUTION OF FAIR PLAZA SHOPPING CENTER

Fair Plaza Shopping Center, positioned at the northwest corner of Lomas and San Pedro, was once a top tier boutique-like destination with Baskin-Robbins, locally owned Book Store, Gift Shop & Florist, an Imports emporium, a Wine Bar frequented by local residents, and upscale Smiths supermarket. To gain a sense today of what Fair Plaza was like 20-30 years ago, visit Mountain Run Shopping Center located on far north Eubank Blvd.  Fair Plaza today is a destination catering largely to the economically challenged.  As it draws an increasing proportion of its clientele from the food desertified areas to the southeast, the Smiths supermarket is defeatured in products offered compared to other Smiths supermarkets and it anchors a collection of businesses that cater not to the economic middle class but to the economically distressed bottom end of extreme inequality, including the unhoused. 

The boutique-like businesses are gone and replaced by a Goodwill Depot, Family Dollar, RAC Rent-to-own Center, Safe House Thriftique, an anonymous unsigned homeless food support facility, a model railroad display, basic nail & hair salons and multiple vacant spaces.  The corner gas station is now a windowless fortressed Stripes drive thru.  Similar trends can be seen among business locations along both Lomas and San Pedro.  Many of the once luxury apartment complexes on Louisiana between Lomas and I-40 have become low cost, often short-term rental accommodation.  As the commercial and alleyway periphery of the neighborhood has become increasingly the domain of vagrancy, drug-dealing, and worse, local businesses are failing, fleeing, or closing.

COMMERCIAL COORIDORS PROTECT NEIGHBORHOOS

Commercial corridors surrounding neighborhoods are more than a collection of services and suppliers.  They are also a protective “membrane” that encloses and, to a degree, protects and defines the borders and identity of neighborhoods.  The reconstitution of our nation’s retail economy over the past two decades, especially from concentration into big box enterprises and online shopping, have been powerful and effective forces eroding the viability of many categories of small business. With their “immune systems” already undermined, they are seriously under protected from the impact and customer repelling effects of being surrounded by or trespassed upon by the vagrant or encamped homeless, a percentage of them impaired by addiction, who too often are the source of further incursions onto residential private property, often with vocal harassment, indiscriminate littering and fires, petty theft or vandalism, and occasionally escalating to serious crime or violence.

Many of us who reside here in Mark Twain have had personal experience of this. If not witness to shootings, dead bodies in alleyways, or, most recently, a middle-of-the-night shooting/murder at Mountain and Georgia NE, we are certainly aware of them.  Residents of Mark Twain have reason to feel “under siege”. Seeing the more advanced effects of this street homelessness crisis in other areas of Albuquerque, like the International District “war zone”, residents talk of selling and relocating to gated enclaves or safer neighborhoods on the west side of Albuquerque. We can reasonably fear a “hollowing out” of Mark Twain in which property values plateau independent of the overall market and then start an inexorable decline. 

There is no justification to be tolerated for this possibility. The construction and maintained quality of homes in the neighborhood, its proximity to UNM, major hospitals, downtown Albuquerque, the freeways, and Uptown, Winrock, and Coronado shopping centers should preserve the value and attractiveness of homes in the Mark Twain neighborhood now and for future generations.

YARDSALE INTERACTION REVEALS ANGST AND FRUSTRATION

This is the context in which I conducted a yard sale at my house in early November, as a resident aware of and concerned about what was going on, but living, even if disapprovingly, in the cocoon of my own property and interaction with immediately adjacent neighbors, paying more attention to national politics than local affairs.

Over the course of two weekends, I encountered and conversed with a variety of fellow Mark Twain residents I had not previously met. The levels of angst, frustration, and resentment I heard from them at the seeming inaction to address the blight on our borders was head snapping. I subsequently joined a small group to spearhead an organized effort through the Neighborhood Association to specifically address the dissolving of safety and security.

MAYOR KELLER’S CONSTRUCTIVE CONVESATION EVENTS

Last November that seemed a daunting, if not quixotic quest. We had a sense that City government, including APD, were overwhelmed and ineffective at tackling this issue.  Starting out in Don Quixote mode the initiative quickly morphed into a kind of Alice in Wonderland as I tumbled down, aimless and uneducated, into the rabbit hole of civic engagement.  Fortuitously, the Mayor’s office announced at this time a series of Constructive Conversation events focused specifically on the “homeless” crisis.  I entered the Convention Center on December 7th for the first of these feeling dubious and cynical.  I came away surprised and impressed by the scope and specificity of initiatives and the measurable advances being made. A broad and costly ($57 million annually) effort is being made by the City, in concert with an array of non-Profits and teams of concerned citizens to get people off the streets and offer a navigated path to recovery and restoration of secure and purposeful life.  

I was gratified to experience the willingness of the Mayor and his team to reach out, engage with and earnestly discuss the issue in all its dimensions with members of the community.   Attending a second event a week later confirmed my impressions but the most important takeaway was Mayor Keller’s forthright acknowledgement. Mayor Keller said this:  

“We’re acting with urgency, but what the City can do alone is not enough.  We are inviting everyone to come to the table, pool our resources and turn the tide on homelessness.” 

I soon came to realize what he meant.  In the following weeks, seeking knowledge and insight as a basis for future action, I engaged with the District 7 Coalition of Neighborhood Associations,  the Inter-Coalition Council (of Neighborhood Associations), City Council (and my District Councilor), the Transformative Neighborhood Planning Group, StrongTownsABQ, NM Coalition to End Homelessness and the Point In Time count and survey of street homeless in the city, and spent half a day riding the full route of the ART.  I am, at this stage relative to the complexity of the street homelessness problem, a graduate from kindergarten into first grade. 

PLIGHT OF CITY’S HOMELESSNESS

The plight of Albuquerque’s homeless merits empathy and screams for radical and sustained remedial action.  It is far too easy to be appalled at distance and forget that each unhoused person in our city is a human being who has a story. While it might be excruciatingly uncomfortable, we would all benefit in our capacity to understand and address this tragedy if we could, even mentally, walk a mile in their shoes.  Apart from the evident misery, anyone who has, like me, witnessed up close over three decades the extraordinary transformation of a third world nation of 1.4 billion people into a first world rival superpower knows we in the United States have no spare human potential to waste. With all the attention the issue commands it is evident the “pooling of resources and coordination of parties at the table” to make transformative progress in Albuquerque has yet to occur.

A MOSAIC OF NEIGHBORHOODS

The City of Albuquerque is a mosaic of neighborhoods, each one defined uniquely by a degree of commonality in attributes historical, aesthetic, and socio-economic; not homogenous, but imbued with a capacity for connection.  If any of the pieces of the mosaic are degraded by the rupture and destabilization of incursion or occupation by elements alien to a neighborhood’s common attributes and aspirations, be they criminals, gangs, or homeless encampments, then the total picture of Albuquerque as a city is tarnished and blighted, enough to discourage not only current residents but also the potential relocation here by professionals and specialists the City may (almost certainly will) need.

An explosion of street homelessness should not / must not oblige neighborhoods to surrender their freedoms, as responsible property owners and residents who wish to live in safety, privacy, and harmony, to the irresponsible and unrestrained freedom of others to infringe upon neighborhood residential and commercial property, spaces, and safety.  We can see in other parts of Albuquerque what such surrender looks like.  When neighborhoods are “lost” to this issue, everyone suffers.   As the tax base of residential property, adjacent retail premises and area economic activity erodes, the City cannot depend upon its replacement via extended urban sprawl toward its outer edges.   The problem will follow, as even residents on the western edge of Corrales are now experiencing.

The City’s Neighborhood Association Recognition Ordinance (NARO) and various clauses of the Integrated Development Ordinance emphasize and codify the essential role of neighborhoods in the life and direction of the City.  It is time for them to be a more assertive voice and contributor at the table as Albuquerque grapples with the issue of street homelessness. 

A Neighborhood “Bill of Rights”

  • A neighborhood is a collective extension of the rights and freedoms that apply to the individual property owners and residents of which it is comprised.
  • As an aggregate of tax and rate payers, the neighborhood collective is entitled to expect from City, County, and State officials the delivery of services that include basic security and safety from harmful incursion by individuals who are not members of the neighborhood.
  • The public spaces within the neighborhood, including sidewalks, alleyways, and parks, should be freely and safely accessible to members of the neighborhood, including children, and should be free of vagrants, encampments, and the refuse thereof.
  • Vehicle transit from arterial roads through the neighborhood should be safe and reasonably quiet. Compliance should be reinforced as necessary with stop signs, speed bumps, or roundabouts.  Residents should be able to report violators to agencies of public safety with an expectation of redress.
  • Residents of the neighborhood should, to the best of their ability and means, support those adjacent businesses that reflect and/or serve their values and interests.
  • Businesses adjacent to the neighborhood that do not reflect or serve the interests or values of neighborhood residents should not expect their patronage. Those that directly or indirectly operate contrary to the welfare, harmony, and safety of neighborhood residents should be actively opposed and reported for violations of public wellbeing.

THE MISSION OF NEIGHBORHOOD ASSOCIATIONS

It should be the priority MISSION of Mark Twain Neighborhood Association, and others similarly affected, to:

a). Engage with and join the chorus of representative voices demanding City, County & State government prioritize resources to effectively reduce linked issues of Homelessness, Addiction, and Criminality

b). Organize and activate to be a viable and visible template for positive Neighborhood Association influence in the community

c). Be an “always on” resource for residents to be comprehensively and non-politically informed of issues and initiatives that impact them as members of the neighborhood and residents of Albuquerque

AN AGENDA NEEDED TO AMPLIFY ENGAGEMENT

[A Neighorhood Association] Agenda [Is Needed] to Amplify Internal Engagement [And] External Influence.  [The agenda would]:

  • Maximize the “voice” – form or extend Associations to embrace the full community within their boundaries
    1. Leverage the experience and model of existing effective NA’s in Albuquerque
  • Activate neighborhood association websites as a primary platform for residents to be kept aware continually of issues, actions, events, options, and resources.
    1. Reflect neighborhood unique positives and potential
    2. Objective reporting of issues of concern
    3. Offer free advertising/endorsement of “good” local businesses to the neighborhood community
    4. Incorporate a neighborhood “Angi’s List”-like endorsement of businesses and services based in the neighborhood and/or with which neighbors have had great experience.
  • Establish a social media account (ie. Facebook) exclusive to neighborhood residents where incidents, issues and events can be reported and discussed in real time. Moderate & manage it with the care and responsiveness of a good corporate customer support center.
  • Fully connect the neighborhood via the Neighborhood Association with APD Crime Prevention and reporting programs like Neighborhood Watch or Neighborhood Patrol
    1. Use as the “official conduit” for reporting and logging contacts to public safety (ie. Police, ACS, Fire Dept.) authorities
    2. Coordinate dissemination of “public safety/security” information to residents (via website, social media, email)
      1. Incident reports
      2. Compile and share a database of incidents experienced by residents
  • [Make] home security measures recommendations and endorsements
  • Engage with the District Neighborhood Association Coalition to keep it aware of neighborhood priorities and initiatives and to learn from adjacent N.A.’s.
  • Reach out to community focused media to generate awareness of Neighborhood rights and violations thereof
    1. TV news
    2. Radio news
    3. Newspapers & newsletters
    4. Blogs
    5. Social media
  • Be timely and assertive with “claims” and requests to City Council, Mayor’s Office, Police & ACS, Bernalillo County, Attorney General’s Office etc. on issues of concern to the Neighborhood
  • Connect and engage with organizations and coalitions beyond the District (ICC, StrongTownsABQ, NMCEH, etc.) which are actively working on the street homelessness problem.
  • Advocacy / voter mobilization for non-ideological common sense local government ordinances and initiatives.
  • Support neighborhood residents with “neighborly information kits” and sharing of resources to maximize security, residential quality of life, and property values
    1. Camera systems, security doors, alarm systems etc.
    2. Energy efficiency
    3. Experiences with green transitioning (solar panels, heat pumps, appliances, etc.)
    4. Landscaping / tree pruning etc.
    5. Volunteers available for ride sharing (for medical, voting etc.)
    6. Assistance for elderly or infirm (heaving lifting, weeding/yard work etc.)
    7. Emergency & community support contacts

The time to start was actually quite a while ago, before so many of our streets became blighted and so many of our small businesses were driven under, when driving Central Avenue still conveyed a sense of travelling along historic Route 66. 

It’s not too late. Coordinating effort and direction among the very large number of passionate, gifted and actively committed people who are “on the case”, like those I have encountered so far in my journey down the “rabbit hole”, to protect, polish, and restore all the pieces in Albuquerque’s extraordinary mosaic is an effort the city needs and deserves.  We should remind ourselves and each other that each piece of that mosaic is a Neighborhood with a voice that must matter.

POSTSCRIPT

Links to two blog articles of interest

A Brief History of Downtown Albuquerque: 1952 to 2019

https://www.petedinelli.com/2019/03/29/a-brief-history-of-downtown-albuquerque-1952-to-2019/

A Brief History of Uptown Albuquerque: 1952 to 2019

https://www.petedinelli.com/2019/04/23/a-brief-history-of-abq-uptown-1952-to-2019/