On Tuesday, November 12, Bernalillo County District Attorney Sam Bregman appeared for the third time before the New Mexico Legislature’s Courts, Corrections and Justice Interim Committee. The Committee is one of the most influential committees of the legislature and consists of 36 House and Senate members.  It meets year-round and vets proposed legislation.

District Attorney Bregman appeared before the committee to once again update the committee and promote his ambitious plan to rewrite New Mexico’s juvenile justice law and in particular the Children’s Code and the Delinquency Act within the Children’s Code.  Bregman told the committee fixing the juvenile justice system needs to be front and center during the 2025 legislative session that begins January 21 and ends on March 22, 2025

PROPOSED CHANGES OUTLINED

Bregman’s office has developed a list of 36 amendments to the Children’s Code and the Delinquency Act.  These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman presented the committee with a 64-page bill with proposed amendments to the children’s code to crack down on youth crime.  The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

The proposed changes to the Children’s Code and Delinquency Act Bregman has listed are the most important are:

• Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.

• Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.

• Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,” which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.

• Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.

• Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.  Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.

• Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.

• Requiring judges to preside over juvenile detention hearings.

• Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

Bregman said from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023. Bregman said this:

“2022 was still at the tail end of the pandemic… I think we had a lot of kids that weren’t even in school at the time. … I can’t attribute [the decrease] to a single thing, but I know it’s still far too much going on. … It is real, it is escalating, it is unacceptable at every level.”

Bregman told the Courts, Corrections and Justice Committee this:

“Too many people, too many victims are killed by juveniles in our community. My office, after seeing … clear trends of escalating violence involving youth, determined that we needed to take a thorough review of the Children’s Code. … The last time the Children’s Code was updated in any meaningful way, as far as the Delinquency Act, was in the previous century. It was before the iPhone was even invented, and we all know things have changed dramatically, especially when it comes to juveniles and iPhones.  … It’s just so there’s some consequences to understand that there’s certain laws and norms in our society that people need to follow. … Because at the end of the day, if you commit these kind of heinous, awful kind of adult crimes, you should be charged as an adult. … At the end of the day, it’s to have consequences for young people so that we’re not sentencing them for murder. I want them to know that the first time they get in trouble, there’s some consequences.”

STUDENT EDUCATION CAMPAIGN

Because of  juvenile gun violence, Bregman has engaged in  an education campaign speaking to students in schools across Albuquerque. November 14 was the most recent time Bregman spoke to high school students. Bregman spoke to over 1,100 high school students during a student assembly at Valley High School.

Bregman was very clear to the point of being blunt telling the students that his office as well as the Albuquerque Public Schools system have a ZERO tolerance for guns on school campuses. Bregman made it very clear to the assembly that no matter the age, no matter the circumstance, anyone caught with gun on any school  campus will be fully prosecuted by his office and will serve time behind bars.

He said school safety must be preserved to protect all. He told the students they have the responsibility to tell school officials of anyone who they see bringing a gun to school. Bregman also warned the students of fentanyl use, telling them of the dangers of the drug that kills.

HESITANT LAWMAKERS

During the November 12 hearing, lawmakers expressed concerns and hesitancy about the changes to the Children’s Code.

State Rep. Christine Chandler and state Sen. Joseph Cervantes chair the Legislature’s two powerful judiciary committees. They are considered the “gatekeepers” of all public safety bills. Both suggested to Bregman there are other issues to address.

Representative Chander told Bregman this:

“We continue to be committed to looking at the competency law that’s currently in place and making appropriate changes that make sense to us. … We also are looking at gun violence, juvenile crime issues, and we will, of course, give due consideration [to your] proposals.” 

State Senator Joeseph Cervantes said this:

“We’re not interested in things that optically look good. Increasing penalties and sentences always is an emotional reaction to crime, but we know we’ve got to have resources all the way through the system”. 

Bregman told the committee he would like to see those who turn 18 years old whilst in juvenile detention to be transferred straight to county jail with other adults which current law prohibits. It’s an amendment one lawmaker questioned. Rep. Andrea Reeb, a Republican representing Chaves, Curry, and Roosevelt Counties, said this about the amendment:

“I understand not having 18-year-olds in with 13-year-olds, absolutely. But, I’m troubled by the solution to that putting 18-year-olds with 40-year-olds who, I suspect that 18-year-old will come out even more likely to be engaged with criminal behavior.”

Bregman said he doesn’t want to lock kids up and throw away the key but does want to show kids there are consequences to their actions. Long time serving  Rep. Gail Chasey, a Democrat from Albuquerque, who did not seek reelection and is leaving the legislature January 1, said this:.

“I urge you to seek evidence of effectiveness as you try to implement these things.”

State Sen. Katy Duhigg said this:

“It seems like that’s not being applied, that that consideration of their not fully developed frontal cortex is not being applied consistently.”

Republican State Rep. Bill Rehm, who will be leaving the legislature January 1, said this:

“You want to extend the definition of the handgun now to a firearm, and that’s going to be problematic.” 

House Minority Whip, Republican state Rep. Alan Martinez, says he’s feeling optimistic after this round of committee meetings. Martinez said this:

“We’ve realized that crime doesn’t only affect one political party or the other, it affects all New Mexicans, and it’s our responsibility to keep New Mexicans safe. And come up here and come up with some very common-sense policy, it’s going to keep our streets safe.”

NEW MEXICO CHIEF PUBLIC DEFENDER RESPONDS

Juvenile crime stats, provided by the Law Office of the Public Defender, show most juvenile crime is decreasing. Armed robbery, criminal sexual penetration, shooting at or from a motor vehicle, or at a dwelling, and aggravated battery have all trended down recently.  However, the Public Defender Office statistics also show juvenile murder has trended up since 2019. In that same time, juvenile auto theft has also increased dramatically.

New Mexico Chief Public Defender Bennet Baur wants the same thing as Bregman when it comes to diverting young people away from committing serious crimes later. However, Baur has a dramatically different perspective on how to achieve that goal.  The public defender’s office has said that charging kids as adults causes them to lose certain protections. Baur also said they’d like to see more money funneled to services for kids to address the root causes that lead them to commit crimes. Baur said this:

“We have to let them know the dangers. I think that’s very important. But it’s not necessarily through incarceration. … My concern is that we make decisions based upon numbers that only look at what happened during COVID. … As those numbers go down, and as crime goes down naturally, that’s going to leave a lot of kids in detention and a lot of people in prison.”

Links to quoted and relied upon news sources are here:

https://www.kob.com/new-mexico/da-sam-bregman-lays-out-plan-to-rewrite-new-mexico-childrens-code/

https://www.krqe.com/news/bernalillo-county-da-proposes-changes-to-childrens-code-to-legislative-committee/

https://www.kob.com/news/missing-pieces-juvenile-crime-trends-4-investigates/

COMMENTARY AND ANALYSIS

Simply put, New Mexico’s children are committing more and more violent crimes where guns are involved. The state’s Children Code and our Juvenile Criminal Justice System has not been able to keep up with changing times to deal with what now can only be considered a major crisis.  Part of the problem is just how complicated the children’s code really is and its application.  The ultimate question that must be addressed is what is in the “best interest of the child” and keeping a family together versus punishment, incarceration and making sure justice is served and the public is protected.

It is very clear that the primary emphasis and purpose of the Children’s Code is not punishment in the form of confinement of child for crimes committed but on rehabilitation, services, counseling and social services.  The primary goal of the Children’s Code and the Juvenile Justice System is to keep the family unit intact and what is in the best interest of the child. Such an approach is wise whenever you are dealing with delinquency types of cases and children of tender age. It is teenage juveniles, ages 13 to 15,  that pose the biggest problem of what approach is in order.   

Under the children’s code there is no mandatory sentencing and confinement when delinquency is found.  When incarceration  does happen it can only be up and until the child reaches 18.  However, things do get very complicated when gun violence is involved and protecting the general public from gun violence and when it comes to sentencing a child as an adult when charges are brought against the child as a “youthful offender” or “serious youthful offender.”

All of the major proposals and changes to the Children’s Code as outlined and proposed by District Attorney Sam Bregman are reasonable, should be considered necessary given the violent crimes being committed by juveniles and should be adopted by the legislature. No doubt many will argue that they run afoul of the purpose and intent of the Children’s Code which is to do what is in the best interest of a child.

DA Bregman’s proposals to expand the definition of “serious youthful offender” so more types of crimes could lead to children being tried as adults is reasonable and necessary given the extent and types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile  can be charged as an adult. Right now, that can only happen for first-degree murder. 

 What should be included are all violent crimes involving a weapon and should include the crimes of aggravated assault, aggravated battery armed robbery with a firearm, and child abuse resulting in death.  The legislature should also fix the law that currently allows a teenager to wield an assault rifle, though handguns are still illegal.

The link to a related blog article is here:

DA Sam Bregman Seeks Major Updating Of Children’s Code To Deal With Juvenile Crime Crisis; The Challenge Is “What Is In Best Interest Of Child And Family” Versus “Punishment And Rehabilitation”; Legislature Should Follow Bregman’s Lead And Update Children’ Code

The Albuquerque City Council voted 8-1 to pass a resolution that directs the “City Administration to develop a comprehensive social media policy that outlines clear guidelines for appropriate use, accountability, and consequences for misuse.”  The sole vote NO on the resolution was City Councilor Tammy Fiebelkorn as she essentially backhanded the City Council for trying to do something and Gilbert Gallegos for his conduct.

The resolution is aimed at improving the use of official City social media accounts. The resolution delineates what is the appropriate use of city social media accounts. It requires the city to post all social media policies.

The passage of the resolution was the direct result  of  controversial and insulting social media posts made by the Albuquerque Police Department’s Director of Communication Gilbert Gallegos against private citizens critical of APD.  APD Chief Harold Medina and Mayor Tim Keller said the tweets were justifiable.  The City Attorney told councilors  it’s a personnel matter and she would not  discuss it on  the record with them.

EXISTING CITY SOCIAL MEDIA POLICY

It was on August 22, 2022 that then Chief Administrative Officer Lawence Rael signed off on the City’s social media usage policy.

The purpose of the policy “is to establish rules and responsibilities around the use of social media for City of Albuquerque departments. It is intended to guide City departments and employees as they create and publish content and maintain user standards on social media sites on behalf of the City of Albuquerque.”

Under the policy, City of Albuquerque social media sites are required to comply with the City of Albuquerque’s Code of Ethics and all administrative rules created under that code. City of Albuquerque social media sites are also subject to the State of New Mexico’s public records laws.

The rules outlined in the policy make it clear that  departmental staff are responsible for the contents of any social media. Department directors must authorize employees to post.

City of Albuquerque social media site posts or comments made by the public, constituents, or followers containing any of the following content are prohibited, and may be removed without notice by the Communications Director or their designee:

1. Posts not topically related to the particular social media site, or comments not topically related to the post or article being commented upon;
2. Posts or comments in support of or opposition to political campaigns or ballot measures;
3. Profane language or content;
4. Posts or comments intended to spread false information or threaten, harass or defame others;
5. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation;
6. Sexual content or links to sexual content;
7. Solicitations of commerce not directly related to City business;
8. Conduct or encouragement of illegal activity;
9. Information that is intentionally factually incorrect and which may tend to compromise the safety or security of the public or public systems;
10. Content that violates any federal, state or local law or a legal ownership interest of any other party;
11. Information about actual or potential claims and litigation involving the City, unless such claims have been resolved;
12. Any protected or confidential information regarding any City employee, resident, or elected official.

City of Albuquerque social media accounts may respond to comments or posts relevant to the department, division, or program in order to provide information. When responding or posting to social media on behalf of the City, the city responder must:

1.  Keep it professional – avoid confrontation.
2. Correct errors, and if modifying an earlier post, identify the change.
3. Any department may delete, merge, or unpublish a social media post only with prior approval from a supervisor.

City of Albuquerque accounts may respond to comments or posts relevant to the department, division, or program in order to provide information.

The  rules include one barring “posts or comments intended to spread false information or threaten, harass or defame others.” The policy also says “violations of this policy may be grounds for discipline up to and including termination.”

The link to review the full unedited social media policy is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm_admin/0-0-0-35520

RESOLUTION CONTENTS

City Council resolution R-24-89  sponsored by District 9 City Councilor Renée Grout and enacted by the city council  directs the Keller Administration to develop a comprehensive social media policy that outlines clear guidelines for appropriate use, accountability, and consequences for misuse.

The resolution emphasizes the role of City government is to promote the public’s health, safety and growth. It directs the City Administration to create, implement, and enforce a comprehensive social media policy to be applied to all City public media accounts that includes:

• Behavioral expectations: Establishing clear guidelines for respectful and professional online conduct.
• Content specifications: Defining appropriate and inappropriate content for City social media accounts.
• Response guidelines: Providing guidance on how to respond to comments and messages, including those that may be negative or inflammatory.
• Monitoring and review: Implementing a system for regularly monitoring and reviewing social media accounts for compliance.
• Disciplinary actions:  Outlining consequences for misuse of official social media accounts.

The resolution also requires the City Administration to make the social media policy easily accessible to the public and to establish a mechanism for reporting potential violations.

The link to the quoted source material on the Grout sponsored city council resolution is here:

https://www.cabq.gov/council/find-your-councilor/district-9/news/city-councilor-renee-grout-introduces-resolution-to-improve-social-media-accountability

https://www.abqjournal.com/news/article_67d3ec9a-a39e-11ef-9660-4b6f3ebef708.html#tncms-source=home-featured-7-block

A HISTORY OF MEAN TWEETS

It was in February and March of 2022 that the Albuquerque Police Department (APD) was first taken to task for its social media posts by APD Communications Director Gilbert Gallegos.  Many considered the posts inappropriate and constituted intimidation and harassment of members of the public.

It was reported that the Albuquerque Police Department’s Twitter account had been used by Gilbert Gallegos to poke fun at former APD Chief Michael Geier falsely accusing Geier of  having  dementia, attacked property owners who have complained about crime and made fun of crime in an affluent neighborhood. APD for its part made no apologies for the tweets on its TWITTER and FACEBOOK page with Chief Harold Medina and Mayor Tim Keller defending the conduct.

The most egregious tweets by APD Public Information Officer Gilbert Gallegos worth noting are as follows:

VILIFYING A PRIVATE CITIZEN

Last year, Doug Peterson, a prominent commercial real estate owner,  took to Twitter to complain about crime and homelessness in Downtown Albuquerque. He spoke to the media about his frustrations over how the homeless are affecting property values and destroying businesses.  Doug Peterson said this about his tweets:

“I was vehemently complaining about the lack of response that my company has been getting from APD, mostly about property crime.  The information that I put out there is straight from our properties and what we’re experiencing.”

APD Spokesman Gilbert Gallegos responded to the tweets by Peterson on APDs  Twitter account and posted the following:

“Calling out your b.s. [bull shit] is public service.”  (May 24, 2022 at 9:25 AM,)

“You only complain and never offer solutions.”  (October 13, 2022 at 3:52 PM)

“Your racism aside, we have charged 99 murder suspects this year.”  (October 6, 2022 at 9:33 pm)

APD Police Chief Harold Medina was asked at the time to respond to the propriety of the APDs tweets against Peterson. The policy states when replying to posts on city accounts, city employees are supposed to “keep it professional and avoid confrontation.”   Medina admitted that some of the tweets violated the city’s social media policy.

Medina referred to the Peterson tweets as “cyberbullying” and said this:

“At times, yes, we push back and sometimes people don’t like the way we push back.  I think [the tweets] were appropriate for the individuals that they were meant for. … They bluntly point out differences [and] I’m OK with that. … There are some individuals who, politically, for political reasons or a variety of reasons, are resort to cyberbullying, which is something real. And I don’t think that it’s necessarily fair.”

Another APD tweet that generated controversy came in July 2022 after the death of a 15-year-old boy caught in a SWAT standoff in a home that later caught fire. Some used Twitter to blame the police for the boy’s “murder.” In response, APD Spokesperson Gilbert Gallegos tweeted to all:

“Didn’t know a fire could murder someone.”

In that case, APD Chief Medina said he told department spokesperson Gilbert Gallegos to tone it down.  Notwithstanding, Medina stood behind Gallegos proclaiming that APD was responding to what he deemed “inaccuracies.”

Mayor Tim Keller voiced no problem with the confrontational tweets and said this:

“APD has its own social media policy. … We support their efforts to push back on misinformation on social media.”

City Councilor Louie Sanchez is a retired APD Officer. He demanded that APD tone down their tweets.  Councilor Louie Sanchez said this:

“The department thinks that harassing and intimidating people is community policing; they’re on the wrong path.” 

https://www.krqe.com/news/politics-government/albuquerque-city-council-passes-bill-on-social-media-policy/

https://www.abqjournal.com/2570384/albuquerque-police-tweets-slammed-by-some-as-intimidation.html

https://www.koat.com/article/albuquerque-police-twitter-tweets/42748358

https://www.koat.com/article/albuquerque-police-mean-tweets/43387226

https://www.abqraw.com/post/city-council-looking-to-defund-apd-s-twitter-and-the-troll-who-runs-it

MALIGNING A FORMER APD CHIEF

On March 22, 2022,  a  KOAT TV Target 7 Investigation reported that APD Public Information Officer Gilbert Gallegos posts had reached a new low.  This time the tweets poked fun at former APD Chief Michael Geier and rumored dementia as well as crime in affluent Tanoan.

Former APD Chief Geier was forced to retire on September 10, 2020, some would say terminated, by Mayor Tim Keller and replaced him with APD Chief Harold Medina.  It was Geier who recruited Medina to return to APD as a Deputy Chief of Field Services. A few days after Geier “retired” it was revealed that Geier was indeed forced out by Mayor Tim Keller.  Chief Geier was summoned to a city park by Mayor Tim Keller during the Labor Day Holiday weekend where Geier was told that his services were no longer needed. It was also revealed then First Deputy Chief Harold Medina helped orchestrate Geier’s removal. He did so with the help of then CAO Sarita Nair.

Medina became insubordinate to Geier and learning Geier was going to take disciplinary action against him and demote and transfer him, Medina struck back.  Geier also hired Gilbert Gallegos as an APD Spokesman and Gallegos was a Medina loyalist.  As soon as Geier left, Gallegos and Medina both unleashed a torrent of social media criticism towards Chief Geier blaming him for all of APD’s mismanagement.  Medina himself refused to take any responsibility for any of his mismanagement as Deputy Chief of the Field Services.

On March 16, 2023, a TWITTER exchange began when APD held a press conference to release the city’s 2022 crime statistics and announced that property crime had dropped 40%.  Private attorney Tom Grover who represents former APD Chief Michael Geier  posted a response on TWITTER to APD’s statistics and said this:

“Or another way to look at this is under Chief Geier there was a 23% drop in property crime while under @abqpolicechief there was only 12%”

APD Spokesman Gilbert Gallego’s responded to Grover’s post on TWITTER, now X,  saying this:

“Ask your client who is responsible for lower property crime? Oh wait, he probably isn’t aware.”

In an interview with Target 7, Grover said this about Gallego’s APD TWEET:

“There’s been this really disgusting theory that somehow Chief Geier has dementia or pre-onset Alzheimer’s and that he was forgetful on certain occasions. … They’re just these grotesque aspersions towards the chief. He [Gilbert Gallegos]  was making fun and he was acting in a manner totally inconsistent with what we would expect from the largest law enforcement agency in the state.”

On the same day APD released the city’s crime statistics, downtown property owner Doug Peterson tweeted that the crime stats released by Gilbert an “absolute joke.”

APD Spokesman Gilbert Gallego’s responded to Peterson’s TWEET by posting “how’s crime in Tanoan” referring to the affluent gated community where Peterson ostensibly lives.

KOAT Target 7 contacted former Bernalillo County Sheriff Darren White and asked him about the APD Tanoan TWEET and APDs policy of “pushing back” on social media.  After seeing the APD TWEET, White said this:

“I don’t think the family of James Hogan who was murdered in a home invasion in Tanoan would think this tweet is funny. … Which I felt was completely insensitive. …  Pointing out the failures of the mayor and the chief is not misinformation. It’s just criticism.  You’re going to be criticized no matter what you do, good or bad. There are always going to be people that criticize you. And that’s just part of the game.”

Target 7 reached out and specifically asked if Mayor Keller condoned tweets that were reportedly making light of someone’s alleged medical condition and crime in an affluent neighborhood. A spokeswoman for Mayor Keller said in an email:

“As stated previously, we support the department in their efforts to push back against misinformation on social media.”

 https://www.koat.com/article/albuquerque-city-council-police-mean-tweets/43511199#

 MAYOR KELLER AND CHIEF MEDINA DEFEND TWEETS

Notwithstanding the City Council’s objections to the tweets and conduct of Gilbert Gallegos, APD Police Chief Harold Medina and Mayor Tim Keller refused to put a stop to the “mean tweets” by Gallegos.  Mayor Tim Keller and APD Chief Harold Medina proclaimed the “mean tweets” were legitimate push back against APD critics. They both expressed no problem with “mean tweets” even acknowledging the tweets violate city policy which states when replying to posts on city accounts, city employees are supposed to, “keep it professional and avoid confrontation.”

APD Chief Harold Medina said this:

“These are not random people. We are pushing back against the same individuals who use their positions to pursue a political agenda against APD. … .”

When asked if the tweets followed city policy, Medina said “some of them may not, but some of them bluntly point out differences. And I’m okay with that.” 

Mayor Keller for his part said he and his office “supports the department in their efforts to push back against misinformation on social media.”

The council resolution was introduced by City Councilor  Grout  after she received feedback from frustrated residents, particularly regarding crime in the city. Grout said this:

“People are frustrated with what’s going on in the city. Crime and crime is affecting all of us. And so, they (APD) have every right to air their grievances and so forth.  … But it doesn’t mean that I need to be replying in a negative way. We need to be respectful and take the higher road always.”

COUNCILORS AND KELLER ADMINISTRATION CLASH

The November 18 City Council meeting resulted in a clash between City Councilors and the Mayor Tim Keller Administration.

Though the city adopted a social media policy, Grout believes it lacks clarity regarding what is acceptable online behavior. Grout’s ordinance aims to provide a clearer framework for how city employees interact with the public online. City Councilor Renee Grout had this to say about her resolution:

“It’s important that when we post on the city’s behalf that we remember that we have to take our personal attacks out of it and remember that we are representing the city, and it needs to be respectful. Our comments need to be helpful, they need to be factual, and they need to be thoughtful. And just because somebody says something that is negative or not kind, it doesn’t mean that we have to go back with the same kind of insults. If those guidelines are not adhered to, then there needs to be disciplinary action, which may include, may or may not, include termination.”

“So the city does have a policy that they created in 2022 for social media, but it doesn’t have it doesn’t address what’s appropriate and not appropriate to post. … So it’s directing the administration to develop a policy that sets expectations for appropriate behavior, specifies what is appropriate content, and prohibits personal attacks. It sets guidelines for appropriate responses to negative comments. “I would like it to define disciplinary actions that need to be taken. … And then also, I would like it to be posted on the city’s transparency on the website.”

During the council meeting, Westside City Councilor Louie Sanchez, who is a retired APD police officer, took to task and directly blamed APD Spokesman Gilbert Gallegos for the need to enact the resolution. Sanchez also took an opportunity to criticize APD Chief Harold Medina and Mayor  Keller and his administration. Sanchez went so far as to call for is position to be defunded and eliminated. Councilor Sanchez said this:

“We already know this is the Gilbert Gallegos bill. He’s attacked [victim’s family members] on X, attorneys, citizens and business owners, and those things have been made public. …  This falls on the lap of the police chief for letting this go on and on; this falls on the lap of the CAO for her failure to properly manage the police chief, and it also goes straight back to the mayor for ignoring a major problem that’s been made public. … I definitely support this bill, and I think it’s very important that each one of us here on the dais support this bill as well.”

Both City Councilors Louis  Sanchez and Councilor Nichole Rogers asked for Gilbert Gallegos’s position to be defunded.

KELLER ADMINISTRATION LASHES OUT

Keller’s Chief Administrative Officer Samantha Sengel said in response to city councilors said this:

“I have said before here on this microphone that I would not be discussing personnel and discipline matters publicly on the record. … So the assumption by this council that there has been nothing done related to the matters that have been discussed is presumptuous.”

Staci Drangmeister, a spokesperson for Mayor Tim Keller, has said that the city already has a social media policy and  there is no need for a new policy.

Tammy Fiebelkorn, the only City Councilor who voted against the resolution, parroted the Keller Administration’s position and essentially backhanded the City Council for trying to do something and Gilbert Gallegos and said this: .

“The City already has a social media policy, so a second one isn’t going to make a difference.  … City employees follow that existing policy and treat the public with the respect they deserve, with the exception of just one employee. It seems to me that rather than passing additional policies, the administration should enforce the existing policy.”

Links to quoted and relied upon news sources are here:

https://www.kob.com/new-mexico/city-councilors-to-address-proposed-social-media-policy-legislative-priorities/

https://www.koat.com/article/albuquerque-councilor-proposes-new-social-media-policy-for-city-employees/62937107

https://www.krqe.com/news/politics-government/albuquerque-city-council-passes-bill-on-social-media-policy/

https://www.koat.com/article/albuquerque-councilor-proposes-new-social-media-policy-for-city-employees/62937107

https://www.abqjournal.com/news/article_f593bea0-a607-11ef-b7cc-fb1eb634ee99.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It’s a damn shame that Mayor Tim Keller and APD Chief Harold Medina have very little or no respect for the Albuquerque City Council and the general public they disagree with as they condoned and supported the conduct of Gilbert Gallegos and his abuse of APD social media.  Twice the Albuquerque City Council condemned “mean tweets” and demanded they cease, to no avail. The Citizens Police Oversight Agency went so far as to sustain a complaint against APD Spokesman Gilbert Gallegos finding misconduct with his use of  APD’s social media accounts, yet Mayor Tim Keller and APD Chief Harold Medina proclaim the “mean tweets” to be legitimate push back against APD critics.

A citizen who has what they believe are legitimate complaints about APD does not mean APD has the right to vilify them or take issue with them and just presume that what they say is inaccurate or requiring  a public push back. It does not mean APD has the right to engage in slander and violate people’s first amendment rights of free speech.

Chief Medina enabling a public relations flack to attack a private citizen because they are critical of APD is not appropriate. It is not cyberbullying as Chief Medina proclaimed. Calling a businessman, who is exercising his right of free speech, a racist as Gallegos did is not keeping it professional nor is it avoiding confrontation but libelous. Making fun of a former Police Chief implying mental infirmity is offensive.

The function of PIO’s is to interreact with the press and the public and distribute accurate information to the public and the press and give interviews where necessary. APD Spokespersons historically have been sworn police officers. Gilbert Gallegos is a civilian at will employee, he is a former newspaper reporter and former spokesperson for elected officials and is essentially a political appointee and some would say a political hack.

Chief Medina and Mayor Keller refused to put a stop to the “mean tweets” by Gallegos leaving the city council with few options. Apparently, Keller and Medina have no problem with “mean tweets,” by not acknowledging they violate city policy which states when replying to posts on city accounts, city employees are supposed to “keep it professional and avoid confrontation.” When asked if the tweets followed city policy, Chief Medina said “some of them may not, but some of them bluntly point out differences. And I’m okay with that.” Mayor Keller for his part said his office “supports the department in their efforts to push back against misinformation on social media.”

Chief Medina and APD Spokesman Gilbert Gallegos have a warped misunderstanding of their role when it comes to dealing with the public, processing citizen complaints and talking to the public in general. Their attitude as reflected by “mean tweets” is that unless you agree with APD and all of its actions, you are “anti-cop”, or you are a “cop hater.” Gilbert and Chief Medina have a warped understanding of the concept of to protect and serve. They know the “mean tweets” generate extreme hostility and mistrust towards private citizens they target. We have a mayor who allows them to do it.

It is likely that now that the council has passed the resolution, Mayor Tim Keller and Chief Medina  and the Keller  administration will simply ignore the resolution  and do absolutely nothing to change or upgrade the existing social media policy. What the City Council should have done is to be far more aggressive and take a vote of no confidence and demand the termination of Gilbert Gallegos and defund the position.

Links to related blog articles are here:

City Councilor Renée Grout Introduces Resolution To Prohibit “Mean Tweets” By City Officials; Legislation In Response To APD’s Misuse Of Social Media To Attack Private Citizens; Council Needs To Vote No Confidence And Demand Removal Of Public Relations Political Hack Gilbert Gallegos

APD Press Flack Gilbert Gallegos Back At It Again Using  Social Media To Attack APD Critics; City Council Needs To Vote No Confidence, Demand Termination And Defund Position

All 112 seats in the New Mexico Legislature were on this year’s November 5, 2024 general election ballot. Members of the state Senate stand for election every 4 years while House districts are on the ballot every 2 years. Democrats hold the majority control in both chambers. Before the election, there were 45 Democrats and 25 Republicans in the New Mexico House of Representatives. Before the election, there were 27 Democrats and 15 Republicans in the New Mexico Senate. The 2025 New Mexico legislature convenes on January 21, 2025 and ends on March 22, 2025.

ELECTION RESULTS

On November 5, one Republican was elected in the NM  House but the Democrats  still retained the majority of 44 Democrats to 26 Republicans. In the NM Senate, Democrats won one seat increasing their majority to 28 Democrats to 14 Republicans. Overall, Republicans picked up 3 seats and Democrats picked up one, just slightly shifting party numbers in the Senate and House of Representatives.

NEW LEGISLATORS

There will be 28 new representatives and senators serving New Mexico in 2025.  The 42-member Senate is getting 15 new legislators, nine Republicans and six Democrats. That includes four policymakers who formerly served in the House. The 70-member House is getting 13 new legislators, seven Republicans and six Democrats. Republicans picked up a few seats in the election, shifting the Democratic majority to a margin of 26 to 16 in the Senate and 44 to 26 in the House.

The 2024 newly elected New Mexico State Senators are:

• District 2: Steve Lanier, R-Aztec
• District 9: Cindy Nava, D-Bernalillo
• District 12: Jay Block, R-Rio Rancho
• District 13: Debbie O’Malley, D-Albuquerque
• District 15: Heather Berghmans, D-Albuquerque
• District 18: Natalie Figueroa, D-Albuquerque
• District 19: Ant Thornton, R-Sandia Park
• District 21: Nicole Tobiassen, R-Albuquerque
• District 24: Linda Trujillo, D-Santa Fe
• District 27: Patrick Henry Boone IV, R-Elida
• District 28: Gabriel Ramos, R-Silver City
• District 30: Angel Charley, D-Acoma
• District 32: Candy Spence Ezzell, R-Roswell
• District 34: James Townsend, R-Artesia
• District 42: Larry Scott, R-Hobbs

The 2024 newly  elected New Mexico State  Representatives are:

• District 3: William Hall, R-Aztec
• District 4: Joseph Hernandez, D-Shiprock
• District 18: Marianna Anaya, D-Albuquerque
• District 30: Elizabeth Diane Torres-Velasquez, D-Albuquerque
• District 31: Nicole Chavez, R-Albuquerque
• District 38: Rebecca Dow, R-Truth or Consequences
• District 53: Sarah Silva, D-Las Cruces
• District 54: Jonathan Allen Henry, R-Artesia
• District 57: Catherine Cullen, R-Rio Rancho (potential vote recount)
• District 58: Angelita Mejia, R-Dexter
• District 62: Elaine Sena Cortez, R-Hobbs
• District 69: Michelle Abeyta, D-Tohajiilee
• District 70: Anita Amalia Gonzales, D-Las Vegas

https://www.abqjournal.com/election/new-mexico-here-are-your-28-new-senators-and-representatives/article_8461c084-a20a-11ef-8ec1-1790e29e03f2.html

The link to review the results of contested House and Senate legislative races is here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=LGX&map=CTY

Election Day did not change the overall makeup of the New Mexico legislature when it comes to the raw numbers. Democrats entered Election Day with a 27-15 majority in the Senate and a 45 to 25 majority in the House. They left with a margin of 26-16 majority in the Senate and a 44 to 26 majority in the House. Republicans chipped into the Democratic majorities, but in Bernalillo County Democrats did well  meaning that Democrats will still enjoy large majorities in both chambers. Republicans, meanwhile, gained seats in rural areas.

LEADERSHIP REACT

Santa Fe area Senate Majority Floor Leader Peter Wirth said that the Senate Democrats are very happy with the results of the election, which was the first for the Senate since redistricting. He pointed out that all Democratic Senate incumbents won their races.  The chamber will now have 6 new women: Angel Charley, Linda Trujillo, Cindy Nava, Debbie O’Malley, Natalie Figueroa and Heather Berghmans.  Wirth said this:

“While we lost one seat, our 26-16 majority is strong.”

Republican House Minority Floor Leader Rod Montoya of Farmington said in a statement that Republicans had hoped for more success and said this:

“We are proud of our wins, including defending several very competitive seats. Voters are waking up to the inadequacy of Democrat one-party control in New Mexico and are ready for change”.

A MAJORITY OF WOMEN

Despite the raw tally of Democrats and Republicans, history was made.  For the first time ever, the New Mexico Legislature is made up of a majority of women.  A total of 11 additional women, both Democrats and Republicans, were added to the 112-member Legislature. Female State Senators will still hold a minority of seats in that chamber with 16 out of 42.

Based the election results, women will now hold 60 of the 112 seats in the New Mexico Legislature come January 21, 2025 when the legislature convenes. Female lawmakers will make up 44 of the 70 members in the state House of Representative, and 16 of the 42 seats in the Senate.  Of the 60 women elected to serve in the Legislature, 46 are Democrats and 14 are Republicans.

According to the Center for American Women in Politics, which tracks women in elected public office, New Mexico is  the third state to achieve a female-majority after Nevada and Arizona and the 3 states are  projected to be joined by Colorado in this milestone in their next sessions.  Kelly Dittmar, director of research at Rutgers University’s Center for American Women and Politics said this:

“This achievement demonstrates that women are not only running but also winning office at higher numbers and that they are normalizing their presence in political institutions.”

The share of women in all state legislatures combined roughly tripled from about 11% in 1980 to 33% going into the November election, when women held 2,424 seats nationwide.

Senator-elect Angel Charley’s win flipped Senate District 30 blue. She ran unopposed. The seat was previously held by Republican Senator Joshua Sanchez, who will still remain in legislature.  Sanchez won the seat to serve as senator for District 29 after the most recent round of redistricting placed him in a different district. The outgoing Republican holding SD 29 is Minority Floor Leader Rep. Gregory Baca, who did not seek reelection.

Senator-elect Angel Charley, who will represent Laguna/Zuni/Diné communities, never has run for office before but she had done a lot of advocacy work as the director of the Coalition to Stop Violence Against Native Women. She did not realize her win was the only “red-to-blue” election result.  Senator Elect Charly commented on being party of  a majority female Legislature by saying this:

“New Mexico is a great place for leading and championing change, and so I’m just so proud to be a part of this new way forward.”

There were other legislative seats that changed parties in the 42-member Senate.  Democratic Senator Gerald Ortiz y Pino of Albuquerque retired from the Senate giving the Republicans the opportunity to elect a Republican. Republican Jay Block won Senate District 12, which Senator Gerald Ortiz y Pino represented before he retired and the Albuquerque-area seat was heavily redrawn in redistricting in 2021.

Republican Gabriel Ramos won Senate District 28, which covers parts of Silver City, Lordsburg and Deming.  Democrat Senator Correa Hemphill, used to represent that area but stepped down after the June primary.  Ramos previously held the seat, from 2019-2020, but as a Democrat.

Only one seat flipped in the 70-member House of Representatives. Democrat Representative Tara Jaramillo was the only incumbent legislator to lose her seat. Republican Rebecca Dow was elected to serve House District 38 again. From 2017-2022, Dow served District 38, but stepped down to run for governor. She was unsuccessful in garnering the Republican nomination in the 2022 gubernatorial election which was won by Republican Mark Ronchetti who went on to lose to Governor Michelle Lujan Grisham.

Both Democratic Representatives Nathan Small of Las Cruces and Carrie Hamblen of Las Cruces had close elections. However, after the votes were all tallied, the incumbent legislators both kept their seats, each by a few hundred votes.

MORE WOMEN ELECTED TO HOUSE LEGISLATIVE LEADERSHIP POSITIONS

It is up to the parties in their respective chambers to nominate leadership before the coming 60-day Legislature, which the full floors need to approve as well.

Woman are among the new leaders in the New Mexico House of Representatives with leadership positions on both sides of the aisle come January. House Democrats on  November 16 picked Reena Szczepanski of Santa Fe as the new majority floor leader while House Republicans selected Gail Armstrong of Magdalena as their new floor leader.  The elections of Szczepanski and Armstrong will mark the first time women have held their respective caucus floor leader positions at the same time in New Mexico state House history.

Both House caucuses also picked whips for the next two years, who are primarily tasked with lining up votes on key bills. Rep. Dayan Hochman-Vigil of Albuquerque is the new House Democratic whip, while Rep. Alan Martinez of Bernalillo retained the position for House Republicans. Rep.-elect Rebecca Dow, R-Truth or Consequences was elected  the House GOP caucus chairwoman, while Rep. Raymundo “Ray” Lara of Chamberino will hold the caucus chairman position for House Democrats.

Democrats also nominated Javier Martínez of Albuquerque to keep his influential post as Speaker of the House, though the entire 70-member chamber will vote on that position on the opening day of the legislative session in January.

Nothing change with respect to more woman being elected to leadership positions in the New Mexico State Senate. On November 16, the Senate Democratic Caucus kept the same leadership for the next two years with Sen. Peter Wirth again chosen as Majority Leader, Sen. Michael Padilla as Majority Whip and Sen. Mimi Stewart as President Pro Tem which will be voted on by the full Senate in January. Sen. Leo Jaramillo was picked as Senate Majority Caucus Chair.

https://www.abqjournal.com/news/article_a3228c60-a37c-11ef-91ea-b70cb80dfcb0.html

ONE DEMOCRAT AND ONE REPUBLICAN STANDOUT

Incoming female legislators include a Republican advocate for crime victims, Republican Nicole Chavez, and Democrat Heather Bergman.  One  defeated a male in the general election and the other defeated a male in the primary.

Democrat Berghmans, 36, defeated longtime incumbent State Senator Daniel Ivey Soto who was accused of sexual harassment by a lobbyist. Berghmans said people in her district appeared eager to hear from a new generation of female candidates. She will join the Senate as its youngest member after winning 60% of the general election vote. Berghmans  campaigned on solutions to surging homelessness and the housing affordability crisis. Berghmans said this

“I did hear a lot of people at the doors who told me to my face that they were willing to vote for me just because I was a young woman. … I think that people are excited to see new ideas and new faces and that women have been the ones to step up to run.”

Republican Chavez has been a prominent advocate for crime victims at the Legislature. In  2015 her eldest son Jaydon, then a high school senior and football team captain who had been accepted to the Air Force Academy, was shot and killed during the commission of a crime.  Chavez said she was motivated to do legislative work directly, campaigning for enhanced criminal penalties and financial incentives for businesses that train and hire people as they leave incarceration to address recidivism.

Chavez won her state House seat in Northeast Heights affluent Albuquerque neighborhood district.  Chavez is the sales director at a Medicare provider.  She expressed pride in contributing to the new female legislative majority and she is her district’s first Latina legislator-elect. Chavez a said she campaigned to ensure a diversity of political values in preserving her party’s control of the only Republican-held House district in Albuquerque, amid a growing urban-rural partisan divide.  Chavez said this:

“I don’t believe in just recruiting women,” she said. “I think we should have diversity of all values.”

The link to a quoted and relied upon news story is here:

https://apnews.com/article/female-legislature-new-mexico-majority-ecf633cb46d6ae126ae7813772783434

https://nmpoliticalreport.com/news/democrats-maintain-majorities-in-state-house-senate/

https://www.kunm.org/kunm-news-update/2024-11-07/thurs-democrats-retain-hold-on-new-mexico-despite-shifting-support-for-republicans-more

https://www.abqjournal.com/election/first-time-in-history-nm-gets-female-majority-legislature/article_89081042-9c75-11ef-b942-ffbe9521a77d.html

https://www.abqjournal.com/article_6b429d3a-a5f7-11ef-ae13-4f5846ced2a1.html#tncms-source=home-featured-7-block

November 6, Source NM article entitled  “Republicans gain 1 state House seat and 1 Senate seat, but Dems still have big majority.”

WOMAN ELECTED TO EXECUTIVE AND JUDICIAL POSITIONS

The New Mexico Legislature being made up of a majority of women is a clear counterpoint to the national  defeat of Vice President Kamala Harris  to former President Donald Trump. However, some comfort can be taken in the fact that Vice President Harris defeated former President Donald Trump in New Mexico 51.64% to  46.07%.

In the state’s Congressional Delegation, two out of 3 of the States members of the United State House of Representative are woman, District 1 Democratic Melanie Stansbury and District 3 Democratic Teresa Leger Fernandez. It was only 4 years ago  when all 3 of the state’s members of the United State House of Representative were woman. A woman has yet to be elected United States Senate from New Mexico, but that may come sooner rather than later if Senator Martin Heinrich decides to run for Governor. Women still only make up just 25% of the U.S. Senate and just under 30% of the U.S. House.

Women in New Mexico dominate the top positions of state government. New Mexico has elected two female Governors consecutively, both to two consecutive 4 year terms, Republican Susana Martinez and Democrat Michelle Lujan Grisham, for a total of 16 years. It is said that  Democrat Interior Secretary Debra Haaland will be running for New Mexico Governor in 2026 and there is little doubt if she does run she will be the front runner for the Democratic nomination. It is also being said that 2024 Republican US Senate nominee Nella Domenici who  was defeated for US Senate by Martin Heinrich may also be eyeing running for Governor in 2026.  Women also hold other statewide elected offices. Those women elected and now serving are Secretary of State Maggie Toulouse Oliver, New Mexico State Treasurer Laura M. Montoya and State Public Land Commissioner Stephanie Garcia Richard.

Woman also dominate the Judiciary at many levels. Three seats out of five on the New Mexico Supreme Court are held by women.  Seven seats out of 10 on the New Mexico Court of Appeals are held by woman. 17 out of 30 Second Judicial District Court Judges in Bernalillo County are woman.  Five  out of 10 District Court Judge in the First Judicial District Court in Santa Fe are women and 16 out of 19 Bernalillo County Metropolitan Court Judges are woman.  Four out of 13 elected District Attorneys in the state are women.

COMMENTARY AND ANALYSIS

The 2025 New Mexico Legislature, because it has a majority of women, will likely be looking at far more issues important to women and in a much different way.  Incoming House Democratic majority leader  State Rep. Reena Szczepanski, District 47 put it this way:

“Women bring our own unique life experiences with us into public office, like all public servants. More women in government means more leaders who know what it’s like to balance work and family and who bring real understanding of issues that families care about most, like the economy and public education.  Our Legislature is now more reflective of the state we serve, and the diversity of opinion and life experience has helped us enormously.”

Incoming Democrat Sarah Silva, House District 58, says she hopes the Legislature will move to “protect vulnerable populations in a Trump Administration.” She’s particularly concerned with pocketbook issues and said this:

“Inflation, paying rent on time, what a Social Security check covers: all these things that women are used to doing because that’s how we run our households, how we budget for our families long term … So, I think many women across lines and family structures do play to those strengths.”

Republican Representative Andrea Reeb, District 64, hopes that women will help protect girls in an era of transgender women looking to compete in sports. Reeb said this:

“The primary difference between the way that women and men govern is that we, [the] lady legislators,  are asked to explain how our biological differences will impact our governing. … Don’t get me wrong, I’m glad we’re talking about biology.  It’s past time. For far too long, the one-party-ruled Legislature has ignored the biological differences between men and women in sports and other areas. I hope to see a female majority take action to protect female-only spaces and defend hard-earned female accomplishments.”

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

https://www.abqjournal.com/article_6b429d3a-a5f7-11ef-ae13-4f5846ced2a1.html#tncms-source=home-featured-7-block

New Mexico politics has been very good to woman, and in return the entire state of New Mexico has benefited immensely, both in the executive branch and the judicial branch of government.  Now that New Mexico has a majority-female state Legislature for the first time in its history, there is no doubt political pundits will be watching to see what, if anything, is different because of the breaking of the glass ceiling. One thing that is very different that is for certain is that the “good o’ boy” politics that has  plagued the New Mexico legislature for so many decades may have finally come to a fitting end with woman defeating male incumbents.

On Sunday, November 17 the Albuquerque Journal published two very different guest columns that offer two distinct observations on how the Mayor Tim Keller Administration is dealing with the city’s homeless crisis.  One deals with the astonishing amount of city financing spent on the homeless without making a dent in the root causes of the problem. The second deals with the immediate shelter being offered to the homeless for winter support. Following are the guest columns:

HEADLINE: “City’s Shelter Investment Leaves Root Causes Of Homeless Unaddressed” BY PETE DINELLI, Albuquerque resident and a former Chief Public safety Officer, former Chief Deputy District Attorney and former Albuquerque City Councilor

“Mayor Tim Keller addressed NAIOP, the city’s most influential business organization consisting of developers, investors and contractors.  Keller started his remarks by describing what he sees on his walk to work from his West Downtown home located in the Albuquerque Country Club area.  Keller told the audience this:

“We all know what’s happening now. I see homelessness. I see vagrants. I see broken windows all over our city. … All of the challenges we’re facing, I absolutely feel. I feel them and I see them. … I just want to make it abundantly clear that we are in this together. I don’t know anyone in Albuquerque who doesn’t have the same stories I just shared.  … This, by far and away, is our biggest challenge. This is a generational challenge for America; it also is absolutely for Albuquerque.  … This is the challenge of our lifetime.”

Mayor Keller proclaims the city has 5,000 homeless.  Keller almost doubles the figure submitted to the federal government for funding in the annual Point In Time survey.  The total count of PERSONS determined experiencing homelessness in Albuquerque on January 29, 2024 is 2,740 reported in 3 categories:

• Emergency Shelters: 1,289
• Transitional Housing: 220
• Unsheltered: 1,231

Every time the PIT is released, the city and service providers always proclaim it is a massive undercount of the homeless population.  Some argue that the city’s homeless numbers are as high as 9,000 to support demands for more and more funding. Government and charitable homeless providers are motivated to make claims that the numbers are much greater when federal funding is at stake.

Keller has announced a total of 5 facilities to deal with the homeless that is intended to be operated as an integrated system:

The Gibson Gateway shelter

The Gateway West shelter

The Family Gateway shelter

The Youth Homeless shelter

The Recovery shelter

The two biggest shelters are the Gibson Gateway and the Gateway West.  The Loveless Gibson Medical Center was purchased for $15 million, and the city has spent upwards of $90 million to renovate it. Gateway West provides 450 beds and Gibson Gateway when remodeling is completed is intended to assist upwards of 1,000 homeless and accommodate at least 330 nightly. 

According to the City budgets for the years 2021 to 2024, the Keller administration has spent a staggering $200,000,000, or upwards of $60 Million a year, to operate shelters and provide homeless services. Mayor Keller is throwing millions at temporary shelter as he fails to make a dent on the underlying causes of crime, mental health and drug addiction.

Given the numbers in the 2024 PIT report and the millions being spent on the homeless crisis it should be manageable. Yet the crisis only gets worse and worse each year and it is a continuing major drain on city resources. During the past few years, the unhoused have become far more dispersed throughout the city thanks to Keller. The unhoused are more aggressive, camping where they want and for how long as they want.

Unhoused who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street force the city to make it totally inconvenient for them to “squat” anywhere they want and must force them to move on. After repeated attempts to reason with them to move on, citations and arrests are in order. Until the problem is solved, the public perception will be that very little to no progress has been made despite millions spent to deal with what Keller proclaims as the “challenge of our lifetime.”

The link to the Albuquerque Journal guest column with photos is here:

https://www.abqjournal.com/opinion/article_e4249ce2-959b-11ef-a986-c3f651f4e406.html

EDITORS NOTE: The above Dinelli guest column published is a highly condensed version of the Dinelli blog article entitled “Mayor Tim Keller Creates 5 Separate Gateway Shelters To Deal With “Challenge Of Our Lifetime”; City’s $200 Million Financial Commitment To Unhoused; Keller Embellishes By Doubling Unhoused Numbers As He  Fails To Deal With Those Who Refuse Services And Getting Them Off Streets”  which was published on October 11, 2024 with the link to that article provided in the POSTSCRIPT below.

HEADLINE “Winter Sheltering Plan Officers Homeless Immediate Support” BY Gilbert Ramirez, Director of the City of the city’s Health, Housing and Homelessness Department and Jodie Esquibel, Director of the city’s Albuquerque Community Safety Department

“Colder weather is settling into the Metro, and the city of Albuquerque is ready with our revitalized Winter Sheltering Plan.

Winter is an extremely challenging time for our unsheltered community, and we want the most vulnerable in our city to know that there are resources and support available.

The goal of our Winter Sheltering Plan is to assist as many people as possible. It’s important to remember that shelter, like any resource, is a choice, and people have the right to refuse. Even so, first responders from Albuquerque Community Safety will continue to offer shelter beds and other resources to all unsheltered residents because one day, like we’ve seen many times before, their answer could be “yes.”

Beds are available. This year, we launched the Shelter Connect Dashboard to track available shelter beds throughout the city. The dashboard is available to the public and is a tool for us to help get folks indoors. ACS will once again operate its emergency, after-hours transportation service to shelters between 8 p.m. and 7 a.m. Community members can call (505) 418-6178 to request transportation.

This year, ACS can transport individuals to the new First Responder Receiving area at the Gateway Center during the overnight hours, getting people inside, warm and safe.

The city’s Department of Health, Housing and Homelessness will activate winter sheltering protocols when outdoor temperatures are freezing, which can put individuals at risk of cold-related injuries such as frostbite and hypothermia. An emergency alert on the city’s website will signal that plan is in effect.

Once the alert is activated, the first step is to expand Gateway West’s capacity by 30 beds. Gateway West is the city’s largest shelter and is undergoing dramatic upgrades. To date, six dorms have been renovated with new flooring, more comfortable beds with secure under-bed storage, and updated bathrooms.

Step two is activating additional emergency sheltering at the First Responder Receiving area at Gateway Center. The Receiving Area opened in June and has already been successful in providing shelter and connection to resources. As of Nov. 1, the First Responder Receiving area has served 234 individuals. This space will help provide shelter and address immediate needs.

If needed, additional sheltering can be added at again at Gateway West, as well as multi-generational and community centers, to get folk off the streets.

In August, Mayor Tim Keller introduced the city’s Metro Homelessness Initiative, an all-in, multi-faceted approach to addressing the challenges of homelessness, acknowledging that no one entity can take it all on by themselves. Throughout the winter, we will work closely with our community partners, including day shelters, to help meet the need of those experiencing homelessness.

On the coldest days of the year, we are “all hands on deck” when it comes to helping our unhoused community. Our Winter Sheltering Plan leverages every resource, big and small, to make the most significant impact possible, at a time when it is needed most.”

The link to the Albuquerque Journal guest column with photos is here:

https://www.abqjournal.com/opinion/article_63b00138-a210-11ef-ac23-bbc37511099d.html

POSTSCRIPT

Below are links to three related articles providing a detailed elaboration on the City’s Gateway Shelters, the proposed changes to its “Homeless Encampment Removal” policy and the City’s “Shelter Connect Dashboard”: 

Mayor Tim Keller Creates 5 Separate Gateway Shelters To Deal With “Challenge Of Our Lifetime”; City’s $200 Million Financial Commitment To Unhoused; Keller Embellishes By Doubling Unhoused Numbers As He  Fails To Deal With Those Who Refuse Services And Getting Them Off Streets

City Revising Removal Of Homeless Encampment Policy; South Central And International District Area New Target  For Clean Ups; Action Long Overdue To Enforce Existing City Ordinances

City Creates “Shelter Connect Dashboard” Identifying Unhoused Shelter During Winter Months; City’s Unsheltered Data Breakdown; City’s Financial Commitment To The Unhoused; Given City’s Commitment To Homeless, Crisis Should Be Manageable But Has Only Gotten Worse Under Mayor Tim Keller

With the Fall and Winter months now here, along with significant drops in temperatures, the City of Albuquerque is preparing to help the unhoused with shelter and keep them safe. At a November 1 press conference, Mayor Tim Keller and City leaders outlined their plans for cold weather to get the unhoused into shelters.

As part of the Metro Homelessness Initiative (MHI), the City created a new “Shelter Connect Dashboard” to help connect people experiencing homelessness to get into shelters. The push to connect people with shelters and resources during the winter months is a joint effort between the Albuquerque Community Safety (ACS) Department, the Albuquerque Fire Rescue Department (AFRD) and the Health, Housing, and Homelessness Department (HHHD).

The Shelter Connect Dashboard is an online program that provides a city map with the locations of all 9 city shelters operated by the city itself or operated with a city partner as well as the 2 private charitable shelters. For each shelter, the Shelter Connect Dashboard lists the total number of beds at the shelter, the current occupancy level, the total number occupied and available beds and the breakdown of beds available for male, female and couple occupancy.

The 9 City Shelters operated by the city itself or with partners are:

1. The Gateway West (the renovated Westside Jail): 630 Total Beds.
2. The Gibson Gateway Center (the remodeled Lovelace Hospital): 50 total beds.
3. The Family Gateway Center: 65 total beds.
4. Berrett Foundation: 19 total beds.
5. Good Shepherd: 35 total beds.
6. HH – Albuquerque Opportunity Center: 57 beds.
7. Safe House: 50 beds.
8. YDI Amistad:16 beds.
9. Gateway First Responder Receiving Area: 10 beds.

TOTAL: 932

The two private charitable organization run shelters are:

1. Joy Junction: 290 beds.
2. Steel Bridge: 77 beds

TOTAL: 367

COMBINED TOTAL: 1,299

City officials claim that there are 5,000 people without shelter in Albuquerque. The total number of beds featured on the dashboard is 1,299.  The city of Albuquerque is hoping the dashboard’s guidance will help keep some of the city’s  estimated 5,000 unhoused residents off the street during difficult winter nights. As of November 14, the dashboard listed  250     available beds out of 1,284 total beds with 1,034 beds occupied.

The link to Shelter Connect Dashboard providing current occupancy and availability of beds is here:

https://www.arcgis.com/apps/dashboards/417f1dfbbecf48a5a4efc2ac114591c5

The new Shelter Connect Dashboard  will show first responders where shelter beds are available throughout the city. The City says it will add winter sheltering capacity at Gateway West and the First Responder Receiving Area if additional beds are needed. The City says it will provide a warm bed to anyone experiencing homelessness.

To help get people inside, Albuquerque Community Safety (ACS) Department will operate its emergency, after-hours transportation service. Between 8 p.m. and 7 a.m., the public can call (505) 418-6178 to request transportation. ACS will give people a ride to the First Responder Receiving Area at the Gateway Center to have a warm bed for the night. Folks will then get connected to longer-term shelter and services.

OUTDOOR FIRES

Throughout the winter months, there is an increase in dangerous outdoor fires started by the homeless. To mitigate the risk to life and property, AFR’s Outside Fire Response Truck will begin operations this month, much earlier than past years. When Firefighters extinguish campfires, people will be offered connection to shelter through ACS. For anyone who wishes to remain outdoors, this year, the Outside Fire Response Team will be equipped with blankets and coats to distribute to individuals. AFR encourages anyone who sees fire activity to call 911.

Deputy Fire Chief Jimmy Melek said this:

“Outside temperatures are dropping, and AFR crews are already starting to see an increase in the number of outside fires. … Preparations are already underway to get our outside fire response truck in service. It is expected to be in service in the next few weeks. Last year the truck responded to over 1700 outside fire calls from late December through mid-April.”

During the November 1 news conference, Fire Rescue Chief Emily Jaramillo encouraged residents to call about any outdoor fires and said this:

“We have a directive that we extinguish every outside fire that we respond to, and that can be a challenge for firefighters, because firefighters are also very compassionate folks, and so when it’s really cold outside and we’re asking or we’re extinguishing a fire that’s being used to warm. …This is why we’re very excited that we now have our sister department, ACS, that we can call out, and they can provide transport to shelter for those individuals that can no longer stay warm.”

AFRD will also pass out jackets or blankets to unhoused residents whose fires it extinguishes. Anyone who has donations can call 505-768-2860 to schedule a pickup or drop-off time.

The link to the quoted and relied upon news sources are  here:

https://www.cabq.gov/health-housing-homelessness/news/winter-is-coming-and-city-is-ready-to-help-1

KELLER ADMINISTRATION ELABERATES ON EFFORTS

Mayor Tim Keller said this at the press conference:

“[The Shelter Connect Dashboard] does not necessarily include every private shelter. We acknowledge that, but these are the ones that we’re tracking. And as you can see … we have some beds available, so we’re gonna be using that to determine whether or not we need to do literal emergency shelters and community centers”.

“I just want to be really clear for the public and …there’s a bed available for people to sleep. They do not have to be on the street. Now we understand they may make choices — that’s a different thing — but that bed is available. … They do not have to be on the street.”

Health, Housing, and Homelessness Director Gilbert Ramirez said this about the Dashboard:

“A couple of things I really wanted to make sure happened this year is that we had an outward-facing document to the public that you’re going to see here that’s on our webpage that shows what is our plan and how are we doing that integrating new services that came online this year. We’re definitely leveraging our ability to use technology.”

“We are committed to minimizing health risks and providing critical sheltering resources to our community’s most vulnerable during extreme cold.  Through our plan and protocols, we are prepared to provide an appropriate response that meets the needs of our unsheltered community.” 

Albuquerque Community Safety Director Jodie Esquibel said this in a statement:

“ACS is committed to ensuring that no one is left out in the cold. Our team is on the ground, ready to transport those in need to a safe place, no matter the hour. This is a critical part of our mission to provide compassionate, community-centered care during the harshest conditions.”

OTHERS REACT

Anami Dass, a local human rights advocate, hopes that the changes to the city’s winter procedures are followed by all the involved departments. Dass said this:

“Last winter the city removed thousands of encampments during the sweeps, meaning that the city confiscated their tents, coats, sleeping bags, along with everything else. …  This year, AFR, HHH, ACS, and Animal Welfare will be stepping up to do right by people experiencing homelessness.  Hopefully Solid Waste, APD, and Metro/Transit Security see that and follow their lead. … I’d hate to see AFR’s hard work go to waste because another department decides to throw everything away.”

Christine Barber, executive director of AsUR, an advocacy group for women living on the streets, doesn’t think the added dashboard does enough.  Barber pointed out that two of the shelters listed, Good Shepherd and Albuquerque Opportunity Center,  are male-only shelters, that Safe House is only for domestic violence survivors and that other shelters listed are not set up to be emergency shelters.  Barber said this:

“This whole thing is, it’s all a shadow game; it’s very misleading. It’s very confusing. …Nothing has changed. It’s still exactly as it was. And all of these places, you still have to get a referral. This is not a thing that is as simple as they’re making it.”

Three of the nine shelters listed, the Gateway First Responder Receiving Area, the Family Gateway and the Gateway West,  are part of the city’s Gateway system of shelters and services. Gateway West has the most available beds and has undergone some recent renovations.

However, Barber doubts that Gateway West, a shelter 30 minutes by car from the city’s core, where the dashboard listed 97 of the 265 available beds Friday, is safe despite the Keller and Ramirez saying that it now is.  Barber said this:

“This isn’t a place that anybody wants to stay, so I’m really confused about all of this. To tell you the truth, I think that there’s a lot of questions that need to be answered about the dashboard and about exactly what’s happening with sites.”

https://www.abqjournal.com/news/government/they-do-not-have-to-be-on-the-street-can-a-dashboard-bring-shelter-to/article_6ef081ba-97a4-11ef-9e8c-bbe25651713d.html#tncms-source=home-featured-7-block

ALBUQUERQUE UNSHELTERED DATA BREAKDOWN

Mayor Tim Keller and City officials repeatedly say the city has 5,000 homeless but never fully articulate sources for the statistics. The blunt  reality is there is an embellishment of  the figures by more than doubling an official count by Keller and city officials.

On July 31, the New Mexico Coalition to End Homelessness released the 2024 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque and in the balance of the state. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to receive federal funding and to help understand the extent of homelessness at the city, state, regional and national levels.

The raw data breakdown of Albuquerque’s homeless contained in the 2023 Point In Time Survey is as follows:

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 29, 2024 was 2,248. (Households include those with or without children or only children.)  The breakdown is as follows:

• Emergency Shelters: 1,018
• Transitional Housing: 174
• Unsheltered: 1,056

TOTAL HOUSEHOLDS: 2,248

PERSONS COUNTED IN ALBUQUERQUE

The total count of PERSONS experiencing homelessness in Albuquerque on January 29, 2024 was 2,740 broken down in 3 categories.

• Emergency Shelters: 1,289
• Transitional Housing: 220
• Unsheltered: 1,231

TOTAL PERSONS: 2,740

ALBUQUERQUE’S 2009 TO 2024 STATISTICS

Total number of PEOPLE counted during the Albuquerque Point-in-Time counts from 2009 to 2024 to establish a graphic trend line for the period are as follows:

• 2009: 2,002
• 2011: 1,639
• 2013: 1,171
• 2015: 1,287
• 2017: 1,318
• 2019: 1,524
• 2021: 1,567
• 2022: 1,311
• 2023: 2,394
• 2024: 2,740

 HISTORY OF ALBUQUERQUE’S EMERGENCY SHELTER COUNT

The 2024 PIT report contains the count of the number of people residing in EMERGENCY SHELTER in Albuquerque during the PIT Counts for the years 2011-2024.  Following are those numbers:

• 2011: 658
• 2012:  621
• 2013: 619
• 2014: 614
• 2015: 659
• 2016: 674
• 2017: 706
• 2018: 711
• 2019: 735
• 2020: 808
• 2021: 940
• 2022: 940
• 2023: 1,125
• 2024: 1,289

The link to review the entire 62-page 2024 PIT report is here:

 https://www.nmceh.org/_files/ugd/ad7ad8_4e2a2906787e4ca19853b9c7945a4dc9

CITY’S FINANCIAL COMMITMENT TO THE UNHOUSED

Originally, it was the city’s Family Community Services Department (FCS) Department that provided assistance to the homeless.  In fiscal year 2021-2022, the department spent $35,145,851 on homeless initiatives.  In 2022-2023 fiscal year the department spent $59,498,915 on homeless initiatives. On June 23, 2022 Mayor Tim Keller announced that the city was adding $48 million to the FY23 budget to address housing and homelessness issues in Albuquerque.  Key appropriations included in the $48 million were as follows:

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

The link to the quoted source is here:

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

Effective July 1, 2024, the Family and Community Services Department was split to create two departments:  Health, Housing and Homelessness (HHH)  and the Youth and Family Services (YFS). The Health, Housing and Homelessness Department (HHH) provides a range of services to the unhoused. The services offered by the department directly or by contract with community providers include:

• Behavioral health services, which encompass mental health and substance abuse treatment and prevention.
• Homeless services.
• Domestic violence support.
• Health care.
• Gang/violence intervention and prevention.
• Public health services.
• Rental assistance and affordable housing developments.

HHH also operates four Health and Social Service Centers and the HHH department employs upwards of 100 full time employees.

The enacted FY/25 General Fund budget for the HHH Department is $52.2 million, which includes $48 million for strategic support, health and human services, affordable housing, mental health services, emergency shelter, homeless support services, Gibson Health HUB operating, and substance use services from Family and Community Services Department, and $4.2 million for a move of Gibson Health HUB maintenance division form General Service Department.

The HHH departments FY/25 budget which began on July 1, 20224 includes:

• $13.3 million of FY/24 one-time funding transferred from Family and Community Services, including $265 thousand for strategic support,
• $110 thousand for health and human services,
• $8.5 million for affordable housing,
• $1.5 million for mental health services,
• $1.2 million for emergency shelter,
• $200 thousand for substance use services,
• $1 million for homeless support services and $500 thousand for the Gateway Phase 1 and Engagement Center at Gibson Health Hub.

The FY/25 HHH Department budget increases recurring funding of $250 thousand for Family Housing Navigation Center/Shelter (Wellness-2), and recurring funding of $250 thousand for Gibson Health HUB maintenance. The proposed budget adjusts program appropriations of $776 thousand in FY/25 based on projected savings.

The Gateway Homeless shelter on Gibson, the city’s one-stop shop for shelter, housing and employment services, has been appropriated $10.7 million in total funding fiscal year 2025.

The Westside Emergency Housing Center was appropriated $1.5 million.

The proposed budget includes $8 million in one-time funding for supportive housing and voucher programs, plus $100,000 for emergency housing vouchers for victims of domestic violence.

Other major budget highlights for the homelessness, housing and behavioral health include the following:

• $900,000 nonrecurring to fully fund the Assisted Outpatient Treatment program.
• $730,000 in recurring funding for operation of the Medical Sobering Center at the Gateway Shelter.
• $100,000 nonrecurring for emergency housing vouchers for victims of domestic violence.
• “Full funding”for service contracts for mental health, substance abuse, early intervention and prevention programs, domestic violence shelters and services, sexual assault services, health and social service providers, and services to abused, neglected, and abandoned youth.
• $1.5 million in recurring funding for the Medical Respite facility at the  Gateway Center.
• $100,000 nonrecurring for the development of a technology system that enables the city and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges.
• $500,000 nonrecurring to fund Albuquerque Street Connect. According to the mayor’s office, Street Connect is a “proven program” that focuses on establishing ongoing relationships with people experiencing homelessness to help them into supportive housing.

You can review all city hall department budgets at this link: 

Click to access fy24-proposed-web-version.pdf

COMMENTARY AND ANALYSIS

Since becoming Mayor in 2017, Mayor Tim Keller has made the homeless his top priority second only to public safety. During the past 7 years of his tenure , the city has established two 24/7 homeless shelters, including purchasing the Loveless Gibson Medical Center for $15 million to convert it into a homeless shelter. The Keller administration  has spent upwards of $90 million to renovate it.

The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one when once remodeling is completed fully operational will assist upwards 1,000 homeless and accommodate at least 330 a night. Ultimately, both shelters are big enough to be remodeled and provide far more sheltered housing for the unhoused.

According to the City budgets for the years 2021 to 2024, the Keller administration has spent upwards of $200,000,000 or approximately $50 Million a year to provide shelter and services to the unhoused.

Keller has taken an “all the above approach” to deal with the city’s homeless. The city will have a total of 5 centers to deal with the homeless that should be operating as an integrated system by the end of next year:

• The Gibson Gateway shelter
• The Gateway West shelter
• The Family Gateway shelter
• The Youth Homeless shelter
• The Recovery Shelter

Notwithstanding all the efforts, the city’s financing and programs initiated by Mayor Keller, he insists that the city has 5,000 homeless. Every year that the Point In Time survey is released, the city and service providers always proclaim it is a massive undercount of the city and state’s homeless population. The accuracy of the PIT numbers are called into question with some arguing that the city’s homeless numbers are as high as10,000 or more as demands are made for more and more spending.

Government and charitable providers who rely on government funding to assist the homeless to an extent are motivated to make claims that the numbers they serve are much greater than they really are because government funding or even donations are dependent on the numbers they  serve. This is especially so when federal funding is at stake.

KELLER’S EMBELISHMENT OF THE NUMBERS

The Point in Time (PIT) survey is criticized because everyone at risk of or experiencing homelessness through the course of the entire year is not included.  The PIT report does not include those who are referred to as the “hidden homeless” which is defined as people who may be sleeping in their cars, overcrowded homes, vacant buildings or staying “on and off” with friends or relatives for short periods of time or in other unsafe housing conditions or in undetected campsites and those who have no permanent address.

Mayor Tim Keller’s embellishment that the city has upwards of 5,000 is not supported by the Point In Time survey and borders the ludicrous.  The overall numbers found each year by the PIT over the last 12 years has been very consistent. Albuquerque’s total number of chronic homeless is between 2,002 counted in 2009  and 2,740 counted in 2024.

Until government and all homeless providers come up with an ongoing method of calculating the homeless throughout the year, the annual Point In Time is the only count that is reliable and should not be dismissed as inaccurate.  The blunt reality is that homelessness will never be solved until the underlying causes of being homeless are resolved including poverty and the mental health and drug addiction crisis.

Given the numbers in the 2023 PIT report and the millions being spent on the homeless crisis it should be manageable. Yet the crisis is only seems to get worse and worse each year and it is a continuing major drain on city resources. During the past few years the unhoused have become far more dispersed throughout the city and have become far more aggressive in camping where they want and for how long as they want.

The problem the city and Mayor Keller have failed to solve is the homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and who want to camp at city parks, on city streets in alleys and trespass in open space. Keller himself acknowledged the very problem itself when he said this: “I just want to be really clear for the public …there’s a bed available for people to sleep. They do not have to be on the street. Now we understand they may make choices — that’s a different thing — but that bed is available.  Until that problem is solved, the public perception will be is that very little to no progress has been made despite millions spent to deal with what Keller has  described as the “challenge of our lifetime.”

The link to a related blog article is here:

City Revising Removal Of Homeless Encampment Policy; South Central And International District Area New Target  For Clean Ups; Action Long Overdue To Enforce Existing City Ordinances

It has been reported that the City of Albuquerque is modifying and changing its policy for removal of homeless encampments to target the proliferation of homeless encampments along South of the State Fair Grounds on Central and in the International District. The entire South East Heights area South of the State Fair grounds on Central, bordered West by San Pedro and East by Louisiana all the way to Gibson on the South, has become overrun with encampments where literally hundreds of the unhoused are camping on the streets and blocking rights of ways, camping on sidewalks and congregating in alleys and area open space and in neighborhoods. The city and some businesses along central have taken to fencing off an alley way to prevent access and congregating by the homeless where illicit drug use is common.

As winter temperatures set in, the city of Albuquerque wants to “update” further its  implemented homeless encampment removal policy to make it a top priority for removal by city crews tasked with clearing  out encampments along South Central. There is no set date for when the updated encampment policy will take effect but the sooner the better. The Mental Health Response Advisory Committee is scheduled to review the changes and will provide comments on November 19 before finalizing the policy updates.  The draft policy seeks to change the city policy implemented in October 2021 and revised a year later in October 2022.

The City of Albuquerque policy for responding to and removal of unhoused encampments was first adopted in October, 2021 and then revised October, 2022. The link to review the entire 2022 sixteen page  encampment removal policy  is here:

https://www.cabq.gov/health-housing-homelessness/documents/final-fcs-encampment-policy-11-7-22.pdf

The link to review the 10 page  draft of the 2024 updated policy is here:

Click to access 2024-encampment-draft-policy-10-4-24-2-673423104024a.pdf

PROPOSED POLICY CHANGES 

The newest updates to the homeless encampment removal policy changes the priority of what encampments to target first, shortens the timeline for which individuals must be notified of an encampment clearing, and how long they can store their personal items with the city. It also increases training for city officials who approach encampments.

When it comes to the priority of encampments to clear, per the new policy draft, those “within one block of Central Ave,” top the list, followed by encampments within 300 feet of school property and those in city parks. The new policy draft makes encampments within one block of Central to be cleared first followed by encampments within 300 feet of school property and encampments found in city parks and city open space.

The city defines an encampment as “an area where an individual or individuals have erected one or more tent or structures, placed multiple personal items on public property, or otherwise demonstrated an intent to remain in that location for 24 hours or more.”

“Immediate Hazard”  homeless encampment is defined under the existing policy as “a situation where an encampment creates an immediate and articulable risk of serious injury or death to either the residents of the encampment or others. Immediate Hazard includes encampments within 10 feet of any public facility where children are present or children’s programming occurs. Immediate Hazard also includes encampments within the Rio Grande Valley State Park, or any public property where fire restrictions have been imposed.”

In the recent draft of the encampment policy there are still priority encampment categories one through three, one being the most urgent. According to city officials, an “interaction team”, who are people designated by the Department of Health, Housing and Homelessness (HHH)  to respond to encampments, and Albuquerque Community Safety Department (ACS) will offer the homeless resources, including a ride to a shelter. They will also give people notice before clearing the encampment.

The 3 tiers of priority encampments are:

Priority 1 encampments are made up of 17 kinds of encampments,  topped by those near Central, schools and parks, including ones where human feces is present, those in an arroyo, ditch, or irrigation channels, those where access is restricted for an event or permit holder and wherever the city conducts municipal operations, just to name a few examples.

Priority 2 encampments are made up of six types of encampments topped by those within 300 feet of medical care, where individuals have “damaged or destroyed city property,” and where the city has responded to multiple calls for a fire.

Priority 3 encampments pertains to any encampment that doesn’t fit the criteria of the 23 sites explicitly listed.

The draft policy states that before clearing an encampment, “city personnel”, which is defined as any city employee or city contractor, should identify themselves, perform a wellness check and then attempt to educate those in the encampment on where they can get shelter, meals or medical care. The draft policy does call for increased training for each city employee who come into contact with the individuals at an encampment site.

The existing policy lists 9 types of encampments in all. Five are in Priority 1 and four are in Priority 2. The top prioritized encampment sites according to the 2022 policy are those located in a children’s park, near community centers and those “obstructing” streets and sidewalks.

Before removing an encampment, the current and the new draft policy state the city must evaluate how many available shelter beds are available. On November 1 the city announced the creation of a new “dashboard” that tracks the availability of beds at city shelters. On November 12, the city’s shelter tracking board listed 250 available beds of the 1,284 it tracks, 87 of which were at Gateway West.

The link to review the tracking board, which is updated constantly, is here:

https://www.arcgis.com/apps/dashboards/417f1dfbbecf48a5a4efc2ac114591c5

The Gateway West is the old westside jail converted and remodeled into a shelter.  The biggest problem with the Gateway West shelter is that it is 30 minutes from the city’s core, away from many homeless service providers and where many people living on the streets do not want to stay.

If beds are not available at city shelters, the draft policy states that no action should be taken unless the encampment presents an “immediate hazard.” (See above definition of Immediate Hazard homeless encampment). If beds are available and the individual declines the offer of shelter, the city official can proceed with clearing the site. There is no need to notify whether or not an encampment is going to be cleared.

While not requiring notice to clear an encampment deemed an immediate risk, the existing policy allows for 72 hours of notice to be given to those occupying the encampment if they were not present. The new draft allows for only 24 hours of notice for Priority 2 encampments and 36 hours for Priority 3 encampments.

For Priority 1 encampments, the draft policy says the city personnel should give 2 hours’ notice to the individuals at the site but can give even less notice if deemed necessary. They can do this by simply enforcing existing city ordinances.

Late in 2023 and early in 2024, the city, especially its Solid Waste Management Department, came under fire for handling encampment clearings and throwing away unhoused residents’ belongings. The American Civil Liberties Union (ACLU) of New Mexico went so far as to file a class action lawsuit over how the City cleared and closed Coronado Park permanently which had become Mayor Keller’s  de facto city sanction homeless encampment before he decided to close the park because of the extent of violent crime and illicit drug use. Keller declared the park “the most dangerous place in New Mexico”  in the city despite the fact it was Keller who acquiesced in its usage as a homeless encampment.

The city is also changing the timeline for which property can and will be stored. In the existing policy, an individual could store property with the city for 90 days. The draft policy reduces the time to only allows for 14 days.  According to the city, the reason for the reduction in days is that the city could not find a contractor that “was willing to do it for a reasonable price.”

Deputy Chief Administrative Officer Matthew Whelan said this about the proposed changes being made to the policy:

“There’s not a whole lot that’s different other than it just clearly defines different roles for each department, ensuring coverage and outreach coverage. It increases transparency, consistency and accountability. … Routinely, as times change or as things change, you have to take a look at them and change with them.”

“[South Central and the International District] is a really important area, and part of that is just because of the concentration of people that are in that area. … Shelter is a choice, and individuals have the right to refuse it. And what we’ve noticed over time is when you continually offer resources, and you’re continually out there, and you get to know the individual, they’re more likely to take up the resources, they’re more likely to go to Gateway West or the oncoming Gateway Center.”

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

https://www.koat.com/article/albuquerque-adds-changes-to-encampment-policy/62888573

https://www.abqjournal.com/news/city-could-prioritize-clearing-encampments-near-central-avenue-as-winter-approaches/article_f3815b28-9c8d-11ef-8e14-cb1b1c06aa4c.html#tncms-source=home-featured-7-block

CITY ORDINANCES PROHBITING ENCAMPMENTS

The city has enacted  6 ordinances that prohibits unhoused camping. Those ordinances are:

1. Albuquerque City Ordinance 12-2-3, defining criminal trespass on public and private property.
2. Albuquerque City Ordinance 8-2-7-13, prohibiting the placement of items on a sidewalk so as to restrict its free use by pedestrians.
3. Albuquerque City Ordinance 10-1-1-10, prohibiting being in a park at nighttime when it is closed to public use.
4. Albuquerque City Ordinance 12-2-7, prohibiting hindering persons passing along any street, sidewalk, or public way.
5. Albuquerque City Ordinance 5-8-6, prohibiting camping on open space lands and regional preserves.
6. Albuquerque City Ordinance 10-1-1-3, prohibiting the erection of structures in city parks.

On June 28, 2024 the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws that are said when enforced criminalize homelessness do not violate the U.S. Constitution and do not constitute cruel and unusual punishment. The case challenged a municipality’s ability to bar people from sleeping or camping in public areas, such as sidewalks and parks

CITY AND CHARTIABLE SHELTERS

Each year, the city attempts to make changes to improve the encampment removal policy to accommodate changing circumstances.  City officials say the the ultimate goal is to get people into shelters. There are 9 City Shelters operated by the city itself or with partners and 2 operated independently from the city.

The 9 city  shelters are:

1. The Gateway West (the renovated Westside Jail): 630 Total Beds.
2. The Gibson Gateway Center (the remodeled Lovelace Hospital): 50 total beds.
3. The Family Gateway Center: 65 total beds.
4. Berrett Foundation: 19 total beds.
5. Good Shepherd: 35 total beds.
6. HH – Albuquerque Opportunity Center: 57 beds.
7. Safe House: 50 beds.
8. YDI Amistad:16 beds.
9. Gateway First Responder Receiving Area: 10 beds.

TOTAL: 932

The 2 private charitable organization run shelters are:

1. Joy Junction: 290 beds.
2. Steel Bridge: 77 beds

TOTALBEDS: 367

COMBINED TOTAL BEDS: 1,299

ALBUQUERQUE UNSHELTERED DATA BREAKDOWN

Mayor Tim Keller and City officials repeatedly say the city has 5,000 homeless but never fully articulate sources for the statistics. The reality is there is an embellishment of the figures by more than doubling an official count.  During a July 29 Town Hall meeting held by Governor Michelle Lujan Grisham on “Public Safety”, Mayor Tim Keller proclaimed the city of Albuquerque is cleaning up and removing upwards of 1,000 encampments a month and he has since said  the city needs  to double the number.

The Point-In-Time (PIT) count is the annual counting individuals and families experiencing sheltered and unsheltered homelessness within a community on a single night in January. This year’s PIT count occurred on the night of January 29.  On July 31, the New Mexico Coalition to End Homelessness released the 2024 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque. The 2024 Point In Time survey provides far more information than in past reports on the breakdown, the barriers experienced by the homeless and the effect cleanups have and for that reason the statistics  merit review.   The link to review the entire 62-page 2024 PIT report is here:

 https://www.nmceh.org/_files/ugd/ad7ad8_4e2a2906787e4ca19853b9c7945a4dc9

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The 2024 PIT survey reported that the total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 29, 2024 was 2,248. (Households include those with or without children or only children.)  The breakdown is as follows:

• Emergency Shelters: 1,018
• Transitional Housing: 174
• Unsheltered: 1,056

TOTAL HOUSEHOLDS: 2,248

PERSONS COUNTED IN ALBUQUERQUE

The 2024 PIT survey reported that the total count of PERSONS experiencing homelessness in Albuquerque on January 29, 2024 was 2,740 broken down in 3 categories.

• Emergency Shelters: 1,289
• Transitional Housing: 220
• Unsheltered: 1,231

TOTAL PERSONS: 2,740

UNSHELTERED BREAKDOWN

The data breakdown for the 2024 Albuquerque UNSHELTERED was reported as follows:

• 960 (78%) were considered chronically homeless.
• 727 (22%) were not considered chronically homeless.
• 106 (8.6%) had served in the military.
• 927 (75.3%) had NOT served in the military.
• 669 (56.6%) were experiencing homelessness for the first time.
• 525 (42.6%) were NOT experiencing homelessness for the first time.
• 5% of all respondents said they were homeless due to domestic violence with 49.2% of those being women..
• 4% said they were adults with a serious mental illness.
• 0% said they were adults with a substance abuse disorder.
• 8% said they were adults with another disabling condition.
• 3% were adults with HIV/AIDS.

THOSE WHO MOVED TO NEW MEXICO FROM ELSWWHERE

For the first time, the PIT tried to gage the migration of the unhoused to New Mexico from other states.  Individuals who stated they moved to New Mexico from somewhere else were asked whether or not they were experiencing homelessness when they moved to the State. They responded as follows:

• 82 (24.8%) said they were homeless before moving to the state.
• 212 (63.8%) said they were not homeless before moving to the state.
• 77 (11.4%) refused to answer

BARRIERS TO HOUSING LISTED

Unhoused respondents were asked to list the barriers they are currently experiencing that are preventing them from obtaining housing. The response options were developed during multiple meetings with community planning groups and based on responses to a similar 2023 survey question. The responses were as follows:

• Access to services: 439 responses (42%)
• Access to communication: 263 responses 25%
• Available housing is in unsafe neighborhoods: 119 responses 11%
• Credit issues: 150 responses 14%
• Criminal record: 220 responses 21%
• Deposit/Application fees: 316 responses 30%
• Lack of vouchers (rental subsidies: 333 responses 32%
• Missing documentation: 374 responses 35%
• No housing for large households: 33 responses 3%
• Pet deposits/Pet Rent: 57 responses 5%
• Pets not allowed/Breed Restrictions: 48 responses 5%
• Rental history: 144 responses 14%
• Rental prices: 340 responses 32%
• Safety/Security: 77 responses 7%
• Substance Use Disorder: 283 responses 27%
• Lack of employment: 45 responses 4%
• Disabled: 34 responses 3%
• No mailing address: 31 3%
• Lack of income: 30 3%
• Homeless by choice: 30 responses 3%
• Ineffective service landscape: 25 responses 2%
• Lack of transportation: 14 responses 1%
• Discrimination: 8 responses 1%

ENCAMPMENT CLEANUPS AND REMOVAL

For the very first time, Albuquerque’s Unhoused were asked how many times has their encampment been decommissioned (removed) by the city over  the last year. Following are the statistics:

• 69 reported once
• 98 report twice
• 67 reported three times
• 55 reported 4 times
• 497 report 5 time or more

During the July 29 Town Hall meeting held by Governor Michelle Lujan Grisham on “Public Safety”, Mayor Tim Keller proclaimed the city of Albuquerque is cleaning up and removing upwards of 1,000 encampments a month. Keller gave no further information and his claim appears to be an embellishment when compared to the PIT survey results.

ITEMS LOST AS A RESULT OF CITY CLEAN UPS

The unhouse surveyed were asked what types of items they lost during encampment removals. Losing these items can hinder progress toward housing and cause emotional distress, especially when sentimental items are involved.  The response categories are not mutually exclusive and respondents were allowed to select more than one that applied.

• 81% said they lost their birth certificate.
• 5% said they lost a phone or tablet.
• 4% said they lost personal or sentimental items.
• 5% said they lost prescription medications.
• 9% said they lost social security cards.
• 6 said they lost a state ID or driver’s license.

COMMENTARY AND ANALYSIS

Making South Central and the International District a targeted area for removal of homeless encampments is long overdue. The city needs to enforce its existing city ordinances. The unhoused are not above the law. They cannot be allowed to just ignore the law, illegally camp wherever they want for as long as they want and as they choose, when they totally reject any and all government housing or shelter assistance. The City has every right to enforce its laws on behalf of its citizens to preserve and protect the public health, safety and welfare of all its citizens.

The city has spent,  or is spending,  upwards of $100 million a year on homeless services including two emergency shelters, subsidized housing, food and medical care and drug counseling. The vast number of the chronically unhoused refuse or decline city shelter, housing, services and financial help offered or simply say they are not satisfied with what is being offered by the city.

Unlawful encampment squatters who refuse city services and all alternatives to living on the street, who want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to take action and force them to move on.  Allowing the homeless to use, congregate and camp anywhere they want for as long as they want in violation of city laws and ordinances should never be considered as an option to deal with the homeless crisis given all the resources the city is dedicating the millions being spent to assist the homeless.

The homeless crisis will not be solved by the city nor by Mayor Keller, but it can and must be managed. The management of the crisis is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

Too many elected and government officials and organizations such as the American Civil Liberties Association of New Mexico, have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations. No county and no municipality should ever be required to just simply ignore and to not enforce anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws designed to protect the general public’s health, safety and welfare of a community.

Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations, arrests are in order.

The link to a related blog article is here:

Point In Time Survey Reveals ABQ’s Homeless Encampment Clean Up Efforts; City Policy And Process To Remove Homeless Encampments Outlined; More Must Be Done Enforcing Vagrancy Laws As Allowed By The United States Supreme Court