On September 4, the Albuquerque City Council unanimously approved tax abatements for major housing development projects in the city plagued by a shortage of housing. One of the projects is exclusively an affordable housing project. The tax abatements will be a “freeze” for seven years on developers’ tax payments at the level being paid before any development took place on the property.

With the tax abatements in place, the developers will be able to move forward and secure building permits and financing.  According to a city staff report, the tax abatement will save developers hundreds of thousands of dollars of at least $744,332 in property taxes. The tax abatements are meant to incentivize the development projects.

PROJECTS OUTLINED

One of the projects is the 10-story Two-Park Central Tower near the corner of San Mateo and Central. For decades the building was commercial office space.  It has been vacant for a number of years, and it will now be converted into housing. Developer Route 66 Multifamily plans to turn the vacant office building into 101 apartments. Some of the apartments will be market value, and some might become affordable housing.

Another housing development projects is the old Bank of the West Tower located at Central and San Mateo. It is a 17 story a high-rise office building completed in 1963 and when it was built it was the tallest building in the city. It is now the fifth tallest building in the state, and the tallest outside of Downtown Albuquerque. Developer Route 66 plans to turn the commercial building into apartments.

https://en.wikipedia.org/wiki/Bank_of_the_West_Tower_(Albuquerque)#References

https://www.krqe.com/news/albuquerque-metro/housing-planned-for-vacant-albuquerque-building-at-central-and-san-mateo/

The third and only project dedicated to affordable housing will be built at the corner of Central and Alcazar SE. The 70-unit Somos affordable housing complex is being developed by Sol Housing. The nonprofit plans to set aside 84% of the units for income-restricted affordable housing. The tax abatement on this project will save the developer an estimated $514,376.  The city already owns the land that the Somos project is being built on and will transfer ownership to Sol Housing after the abatement period ends.

Felipe Rael, the executive director of Sol Housing, said this  in a statement:

“With the construction of 70 apartment homes and commercial space to support local small businesses, SOMOS can achieve the vision of the international marketplace, providing much needed housing and economic benefits to the International District. … The city’s support furthers this vision as we work to stabilize housing for 70 senior households.”

Another housing development project will be undertaken by Titan Development.   Titan Development is planning for a new long-term resident inn and food hall at the corner of Central and Cedar NE across from the Presbyterian Hospital complex.  It is being proposed that the 126-unit residential development could be used by traveling nurses working across the street at Presbyterian Hospital.  The tax abatement should save the developers an estimated $998,128 over seven years.

Sunlight Properties and Garfield Townhomes also received council approval for a tax abatement for a townhome project in the University Heights neighborhood. The developers plan to build 16 townhomes on a vacant lot on Garfield. The tax abatement should save the developer $151,209.

MAYOR TIM KELLER ISSUES STATEMENT

Mayor Tim Keller issued the following statement in response to the council’s tax  abatement actions:

“We’re short up to 30,000 housing units in our city. There’s no question about it; we need to build more houses so everyone can find a place to live that they can actually afford … The city can’t build it all alone, but we can provide incentives to support developers who want to invest here and help us build the future of Albuquerque.”

https://www.abqjournal.com/news/albuquerque-city-council-approves-tax-breaks-for-four-housing-development-projects/article_d033adf2-6bc2-11ef-9058-cfc7cd776125.html#tncms-source=home-featured-7-block

KELLER’S HOUSING FORWARD PLAN

It was on October 18, 2022, Mayor Tim Keller announced his “Housing Forward ABQ Plan.” It is a “multifaceted initiative” where Mayor Keller set the goal of the City of Albuquerque being involved with adding 5,000 new housing units across the city by 2025 above and beyond what private industry normally creates each year.  According to Keller, the city is in a major “housing crisis” and the city needs as many as 33,000 new housing units immediately.

To add 5,000 new housing units across the city by 2025, Keller proposed that the City of Albuquerque fund and be involved with the construction of new low-income housing.  The strategy included a zoning code “rebalance” to increase population density in established neighborhoods. It included allowing “casitas” which under the zoning code are known as “accessory dwelling” units and duplex development on existing housing and other major changes relating to parking and height restrictions.  It included “motel conversions” and conversion of existing commercial office space to housing.  It also included enactment of ordinances to regulate the rental and apartment industry and promoting city sanctioned tent encampments for the unhoused.

MOTEL CONVERSIONS INTO HOUSING 

“Motel conversions” is where the city acquires and renovates existing motels to develop low-income affordable housing options. Keller’s plan calls for hotel or motel conversions to house 1,000 people by 2025.  City officials have said that the city’s estimated cost is $100,000 per unit to fix up or remodel existing motels for permanent housing.

Mayor Keller’s “Housing Forward ABQ” places great emphasis on “motel conversions”.  A zoning change already enacted by the city council in early 2022 year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven. The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens.  An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents. The homeless or the near homeless would be offered the housing.

The Keller Administration proclaims that motel conversions are a critical strategy for addressing the city’s housing shortage. The city proclaims motels conversions are a simpler, lower-cost alternative to ground-up construction. It will require city social services to regularly assist residents. The homeless or the near homeless would be offered the housing likely on a first come first served basis and with rules and regulations they will have to agree to.

On February 11, 2023 it was reported that the City of Albuquerque executed a purchase agreement for the purchase of the Sure Stay Hotel located at 10330 Hotel NE for $5.7 million to convert the 104-room hotel into 100 efficiency units. The $5.7 million purchase price for the 104-unit complex translates into $53,807.69 per unit ($5.7 Million ÷ 104 = $53,807.69 per unit). The renovations and remodeling of the Sure Stay Motel have already been completed.

The city has also acquired the old San Mateo Inn near I-40. For decades, the old motel was formerly the La Quinta  The city purchased the building for nearly $5 million earlier this year, with plans to convert it into the city’s first Youth Homeless Facility. Renovations and remodeling are now underway by the city. A recent report found a significant group of 15- to 25-year-olds experiencing homelessness never utilize the city’s existing resources.

COMMERCIAL OFFICE SPACE CONVERSIONS

According to Keller’ plan, the city wanted to convert commercial office space into to residential use. The Keller administration proposed $5 million to offset developer costs with the aim of transitioning 10 commercial properties  and creating 1,000 new housing units.

The Keller Administration early on announced that the conversion office space plan is a heavy lift for the city and the city has yet to acquire a single commercial office building to be converted into residential use.

CITY COUNCIL GETS UPDATE ON HOUSING GOALS

On September 19 the Albuquerque City Council was given an update on Keller’s  Housing ABQ Forward Plan and  the city’s efforts to bring 5,000 housing units to Albuquerque by 2025 with city support.   City Councilors had repeatedly asked for an update from the City to no avail.  The update report was on the city’s housing projects from the last 5 years  as well as plans to increase unit production before 2025.  The Keller Administration again cited a 30,000-unit shortage of housing and a need for 15,500 affordable housing units. The topic of the unhoused was also brought up by city councilors.

Joseph Montoya, the city’s new Deputy Director of Housing, made an in-depth presentation that laid out what the city has been doing and how they plan to address the affordable housing shortage.  Montoya said the goal was 30,000 units of new housing over the next 5 years. Out of that number, at least 5,000 units of affordable housing are needed. The 5,000 units of affordable housing by the city has from the get-go been the goal of the “Housing Forward ABQ Plan.”

STATISTICS PRESENTED

Over the past 5 years, the city has supported the construction of 2,224 housing units, 1,021 of which are subsidized for low to moderate income tenants. On average, the city has been producing between 200 and 250 affordable units per year, for about 450 units total. The city now has a goal of producing 1,000 affordable housing units per year. To reach that goal, the current housing output will have to at least quadruple.

Joseph Montoya, the city’s Deputy Director of Housing, reported the following statistics to the city council:

• Nearly half of renters are rent-burdened.
• Rents have increased 20% since 2021.
• The median house price is $360,000.
• The city’s current waiting list for help with housing is about 800 people long.
• The city needs to produce 1,500 new units a year to keep up however only 200-250 units are being produced.

Montoya said this:

“[These are] the worst stats I’ve seen to date.”

In addition to the initiatives already in place, Montoya outlined additional strategies the city would like to use. Those  strategies include:

• Expediting planning approvals for affordable housing developments,
• Opening request for proposals, known as RFPs, to “for-profit” as well as nonprofit developers,
• Creating a loan fund for homeowners building affordable accessory dwelling units.
• Align the city’s RFP process with the Metropolitan Redevelopment Agency and to create funding packages for developers.

Montoya is asking for a $20 million per year budget to focus on housing initiatives in the city.

NEW MEXICO MORTGAGE FINANCE AUTHORITY REPORT ON HOUSING NEEDS

On July 24, the New Mexico Mortgage Finance Authority (NMFA) officials reported on the findings of the state’s most recent housing needs assessment.  It outlined how $84.6 million in state funding will be allocated to address those needs.  The New Mexico Housing Needs Assessment is a comprehensive annual report produced by New Mexico Mortgage Finance Authority. It comprises an array of housing indicators describing affordable housing needs in the state.

MAJOR FINDINGS OF REPORT

Following is an edited version the major findings of the 2024 MFA Housing Needs Report deleting graphs and figures:

NEW MEXICO’S DEMOGRAPHIC AND ECONOMIC PROFILE

“There are 2,112,463 people residing in New Mexico and 812,852 households in the state. New Mexico’s population grew 1.3% over the last five years, a rate which lags its neighboring states: Utah (9.7%), Nevada (7.5%), Texas (6.6%), Colorado (6.2%), and Arizona (5.3%).

New Mexico’s working population, defined as persons 16 years and older, is primarily employed in education and healthcare, at a rate of 25.7%.  This rate is consistent with national trends.

 The poverty rate in New Mexico’s poverty is 18.3%,  higher than the national rate of 12.5%.

New Mexico’s median household income is $58,722, which is lower than the national median household income of $75,149.

The percentage of the population living with a disability in New Mexico totals 34.4%, which is higher than the national rate of 26.4%.

The rate of households with seniors, which are defined as households with one or more people 65 years of age or older,  in New Mexico is 33.8%. Nationwide, the rate of households with seniors is 11.5%.

Many New Mexico senior households are low or moderate income with 41.8% earning less than $40,000 annually. The national rate is 37.7%.

The Homeownership rate in New Mexico is 70.9%, which is higher than the national rate of 64.8%.

43.2% of New Mexican households earn less than $50,000 annually. This rate for the country is 33.8%. Renters in New Mexico, like the rest of the nation, are more likely to be low-income compared to homeowners.

The state’s median household income increased from $48,059 to $58,722, or  22.2%.  from 2018 to 2022.

The median home price increased by a whopping 50% from $200,000 to $306,000.”

EDITORS NOTE:  Home price increases surpass wage growth, which results in difficulty achieving homeownership.

HOMEOWNERSHIP MARKET AND DEMOGRAPHICS

“In New Mexico, the median sale price of a home in 2023 was $323,230 which increased 5.6% from the prior year.   As home price increases outpace wage growth, the ability to achieve homeownership becomes more difficult.

Inequities in homeownership persist with respect to race:

• White households comprise 37.8% of homeowners but 35.6% of the population.
• Hispanic households account for 35.2% of homeowners but 49.8% of the population.
• The relative rates for Native American households is 5.2% of homeowners and 8.5% of the population.
• Black or African American, Asian and households of two or more races are underrepresented among homeowners.”

RENTAL MARKET DISPARITY

“In New Mexico, the median monthly gross rent in 2022 was $966, which increased 7.7% from the previous year and 16.7% from 2018.

The state’s renter median income increased from $34,837 to $37,408 or 7.4% from 2021 to 2022, which lagged behind rent price increases.”

DECLINE IN HOUSING PERMITS

“Single-family detached homes comprise the majority of New Mexico’s housing stock, followed by a high percentage of mobile or manufactured homes.  The number of building permits for residential construction issued in 2023 decreased by 2.2% from the prior year.  Despite this dip in the pace of construction, the decades-long trend of depressed building has abated in recent years, with a 71.7% increase from 2019 to 2023.”

DECLINE IN AFFORDABLE HOUSING

“Cost-burden among renters (43.9%) is higher than homeowners (28.4%), largely due to lower income levels among renters. A decreasing supply of affordable housing options, for both renters and homeowners, coupled with increasing demand as the state’s population grows, threatens to worsen cost burden rates.”

PRESERVATION AND REDEVELOPMENT NEEDS

“43.2% of houses in New Mexico were built prior to 1980, which indicates a high need to preserve the stock of existing homes.

15.3% of homes are mobile or manufactured housing units.  Mobile homes built before 1976 do not meet HUD’s Manufactured Home Construction and Safety Standards, which are federal standards for the design and construction of manufactured homes to assure quality, durability, safety, and affordability. Thus, HUD only allows for the replacement of these units rather than rehabilitation.

3.3% of households are overcrowded.

1.0% of households do not have sufficient plumbing facilities and 1.0% lack complete kitchen facilities.”

FUNDING APPROVED

At its May and June meetings, the New Mexico Mortgage Finance Authority Board of Directors approved a $50 million allocation, along with the $34.6 million in state fiscal year 2025 severance tax bond funding. The breakdown includes:

• $26.6 million to create more housing.
• $20 million for down payment assistance.
• $10 million to preserve existing affordable housing.
• $1 million to create stable housing environments.
• $27 million in reserve to use based on particular demands.

MFA Executive Director Hernandez said this about the allocations:

“Whether it’s building homeownership and wealth, creating more housing, preserving existing affordable housing or creating stable housing environments, our efforts and programs directly align with the key findings in the housing needs assessment report. … I appreciate our board of directors, the governor and legislators for their support and funding for these much-needed programs in our state.”

The full housing needs assessment is available here.

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

https://housingnm.org/about-mfa/news/new-mexico-mortgage-finance-authority-announces-findings-from-housing-needs-report-84.6-million-in-funding-and-an-updated-brand-for-the-states-housing-authority

https://www.koat.com/article/monday-breaks-record-for-hottest-day-ever-on-earth/61688417

https://citydesk.org/2024/homelessness-has-increased-by-50-affordable-housing-is-scarce/

COMMENTARY AND ANALYSIS

It is clear that the City of Albuquerque and the state of New Mexico are suffering from a significant shortage of affordable housing.   The housing shortage is related to economics, the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing or qualify for housing mortgage loans. The shortage of rental properties has resulted in dramatic increases in rents.

The blunt reality is that it is not at all realistic for the City nor the State to try and attempt to solve the housing crisis on their own with nothing but government financing,  construction and ownership. Government’s responsibility is to provide essential services, such as police protection, fire protection and utilities and not to directly compete with the housing industry.  It’s the market forces that must be relied upon to get the job done when it comes to affordable housing.

The approach that the City and the State has taken in the form of tax deferrals, subsidies and low interest loans to the private sector as incentives to construct housing are the reasonable and responsible approach to help solve the current housing crisis in the city and the state. City and State government can further help the private sector to build more affordable housing by eliminating policies and zoning restrictions that unnecessarily drive-up housing costs so long as there is a preservation and respect for adjoining property owners’ rights and remedies. One area of reform to help the housing industry would be to address and reduce the states gross receipts tax on construction materials in order to bring down construction costs.

Links to related blog articles are here:

NM Mortgage Finance Authority Releases Housing Needs Assessment Report; Unhoused Has Increased By 50%; New Mexico’s $4.4 Billion Surplus Would Be Well Spent On Affordable Housing | (petedinelli.com)

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

Albuquerque Police Department Spokesman Gilbert Gallegos is back at it again using  APD’s  “X ” Account (formerly known as TWITTER), to engage in personal attacks against 3 private citizens. The problem is that APD spokesperson Gilbert Gallegos is engaging in unprofessional conduct to attack critics with the approval of Mayor Tim Keller and APD Chief Harold Medina. The conduct has become so egregious that the Albuquerque City Council has for a second time weighed in and condemned the conduct in no uncertain terms.

This blog article is an in-depth report on the controversy.

CONTROVERSIAL SOCIAL MEDIA EXCHANGE

Controversial social media posts took place on Monday, September 2. The exchange began with APD’s posts attacking the on line  news agency  ABQ RAW that a story it posted on a shooting was inaccurate.  The social media attacks then turned to personal attacks against 3 private citizens who are known critics of APD. Those 3 private citizens are:

1. Darren White who is a former APD Sargeant, a former Bernalillo County Sherriff, a former Public Safety Cabinet Secretary under Governor Gary Johnson and a former Albuquerque Chief Public Safety Officer under Mayor Richard Berry. White has 30 years of law enforcement experience and taught police media relations at Northwestern University.  After leaving the City, White became a principal owner in a recreational marijuana business which he is no longer affiliated with.  He also hosts a radio talk show on KKOB.

2. Tom Grover is a private attorney and a former APD police officer. He has sued the city repeatedly and often represents APD police officers on personnel matters. One of his clients is former APD Chief Michael Geier who Mayor Tim Keller terminated and then appointed APD Chief Harold Medina to replace. The Geier termination resulted in litigation file by Grover.

3. Doug Peterson is a commercial Real Estate Investor and Broker who is the primary principal of Peterson Properties which is the single largest commercial property owner and commercial landlord in the city. Peterson has been a consistent critic of APD and Mayor Tim Keller and their handling of the homeless. Peterson is known for repeatedly complaining about how the homeless overrun and damage his commercial properties and affecting his renters and property values.

Below are X postings made on the @ABQPOLICE X page

Why did you resign? posted to @darrenPwhite.

Why did Darren White resign? posted to @ThomasRGrover and @darrenPwhite

Bit defensive Tom? Why did Darren White resign? posted to @ThomasRGrover and @darrenPwhite.

These 3 tweets referencing Darren White resigning were  ostensively referring to when Darren White was Albuquerque’s Chief Public Safety Officer. White was appointed Chief Public Safety Officer for the City of Albuquerque on December 1, 2009 by then newly elected Albuquerque Mayor Richard J. Berry. Two years later, White announced his retirement from the City on July 15, 2011 more than a week after a crash involving his wife where he showed up at the scene and then drove her to the hospital. First responders never gave Kathy White a blood test even though a police report indicates she showed signs of impairment.

https://www.koat.com/article/darren-white-retires-from-city-post/5036906

Another X posting was:

“Oh Doug. Nice to hear from you about harassment.” posted @MrDougPeterson

The APD post sent  to “Doug” was to Douglas Peterson who criticized APD for “harassing a local news organization over a meaningless detail.”  Peterson for his part said that APD’s post is “unprofessional”.  Peterson also took issue with Mayor Tim Keller’s previous support of the department fighting “misinformation” on social media. Peteson said he and the other account posts that APD responded to were not posting misinformation. Peterson also called the posts a form of intimidation and said the department seeks to disparage people who criticize its work.

CITY COUNCILORS REACT

At the September 4 city council meeting, a bipartisan group of 5 Albuquerque City Councils aired grievances and criticized APD’s conduct on social media. Those criticizing APD were Republican City Councilors Renee Grout, Dan Champine, Brook Bassan and Democrats Klarissa Peña and Nichole Rogers.

Councilor Renee Grout was the first city councilor to bring the controversy up for discussion during the council meeting. Grout said this:

“I want to talk about mean tweets. They’re not OK. And recently we had some from the PIO  [Public Information Officer] from APD.  … We had this conversation a year ago, and it’s serious. We have to take a higher road, and sometimes we have to bite our tongue and suck it up.” 

The incident Councilor Grout was referring to was from January 2023, when some slammed the conduct of APD on X as bullying and intimidation.  In a separate written statement Grout said this: “I’m very disappointed. It’s never OK to respond like this. As City representatives, we need to take the higher road.”

First term Republican City Councilor Dan Champine, who is a retired APD officer, had this to say about the APD posts generated by APD Spokesman Gilbert Gallegos:

“It’s inappropriate. It is. Your police department, it’s just coming out of a DOJ control over the past 10 years, and you’re trying to rebuild with the city and its citizens. When you have — what I assumed, or the way I took it last night — was high school kids bickering. It doesn’t help your cause of building in that reform with the citizens that you serve. … Being a retired [APD] officer …  I’ve seen officers get disciplined for less. This isn’t the first time [and it] happened last year. It was obviously before I was elected, and if I seem to recall, the [city council] president back then had mentioned stuff about it, and, I think they set protocols that are supposed to be followed now. … With last night’s [tweets], [I ask] were they followed?

“You’re dealing with a murder, people involved in a shooting, and you’re going to have a pissing match, if you will, over social media. I can’t speak for the entire council, but I myself, as a city representative — as a city councilor — I’m not going to just react to it and fly off the handle. … You need to take a step back — In my opinion, [Gilbert Gallegos] …  should have last night. Everybody has the right to say those things. Their opinion, their ideas. You have to be better than that, really. That’s what it comes down to. Know that you’re a professional, and then everybody gets to speak their mind, and you take that with grace.”

During the September 4 city council meeting, Democrat first term City Councilor Nichole Rogers pressed the issue with the city’s Chief Administrative Officer Samantha Sengel. Following is what was reported by KOAT TV:

Councilor Nichole Rogers:

“The community deserves a response to what is going to happen moving forward with communication from APD on social media.”

CAO Samantha Sengel:

“I don’t have a statement about a personnel matter to be made here and I won’t discuss that portion of it, but I also am not going to sit here and imply that this was a one-sided discussion, that there was only one individual involved and the only person involved worked for the city of Albuquerque. I think we had a lot of individuals engaged and I think there was a lot of misinformation. I’m justifying it by any means. I’m not stating anyone was right. I’m not saying any of those things. I think the public comments that imply that one individual was wrong, in this case, was misguided.”

Councilor Nichole Rogers:

“I don’t think we’re talking about fact checking and correcting the record. We’re talking about specific tweets that are bullying, that are disrespectful, that are rude, that are condescending.”

Councilor Nichole Rogers mentioned PIO Gilbert Gallegos by name and asked APD Internal Affairs Commander Dodi Camacho if Gallegos was punished for controversial posts by the department in 2023.

THE KELLER ADMINISTRASTION RESPONDS

Ava Montoya, spokesperson for the mayor’s office, issued the following statement on behalf of Mayor Tim Keller in response to the controversy:

“We’re focused on big issues, we don’t micromanage twitter banter. We support the department and their ability to push back on misinformation online.”

APD Chief Harold Medina issued the following statement:

“These are not random people. We are pushing back against the same individuals who use their positions to pursue a political agenda against APD. If these men [referring to White, Grover and Peterson] can’t be fair and objective, how can KOAT use them over and over to provide opinions about APD?”

CIVILIAN POLICE OVERSIGHT AGENCY RESPONDS

On September 5, KOAT TV reached out to Civilian Police Oversight Agency executive director, Diane McDermott regarding Gilbert Gallegos’s X postings from APD’s account. She was asked if there has been any form of discipline following Gallegos’s use of the department’s twitter [X page]? If not, she was asked if there was a reason as to why? Also, she was asked what’s next, in terms of handling the situation?

McDermott made the following statement to KOAT TV over the phone:

“The Civilian Police Oversight Agency no longer investigates complaints regarding civilian employees. Due to an ordinance change, they’re investigated by the internal affairs within Albuquerque Police Department. We received a complaint, and it was forwarded to Internal Affairs Professional Standard.”

McDermott  also sent KOAT TV the following statement:

“The Civilian Police Oversight Agency must receive a citizen complaint to initiate an investigation. Due to an ordinance change in 2023, the CPOA Agency does not generally investigate APD civilian employees. Civilian employees such as operators, administrative personnel, or, in this instance, the PIO are investigated by Internal Affairs Professional Standards. The Council wanted the CPOA’s primary focus to be on policing within the community. If a complaint is received regarding a civilian employee, it is transferred to IAPS unless it also involves the activities of sworn personnel, and then the CPOA will retain that investigation. Non-sworn employees will also be investigated by the CPOA performing similar police functions, such as Police Service Aides or APD Transit Safety personnel.

Regarding the question of discipline for Mr. Gallegos, the CPOA only recommends discipline, and so the question would have to be directed to the Office of Police Reform to determine if discipline has been imposed.

What is next would also be directed to the Department, but if a citizen complaint is received, it will be evaluated and, if it only concerns PIO responsibilities of non-sworn personnel, forwarded to IAPS for investigation.”

Links to quoted and relied upon news sources are here:

https://www.koat.com/article/albuquerque-police-department-chief-medina/62049109

https://www.koat.com/article/student-reaction-georgia-apalachee-school-shooting/62059179?utm_source=koat&utm_medium=recirc&utm_campaign=top-picks-koat

https://www.koat.com/article/albuquerque-police-social-media/62073908

https://www.abqjournal.com/news/apd-slammed-for-social-media-conduct-this-time-by-city-councilors/article_7237b1ca-6ba0-11ef-9627-b3193d3a73c5.html

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 general 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 took to Twitter to complain about crime and homelessness in Downtown Albuquerque. He spoke to the media about his frustrations over how the unhoused 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 responded to the tweets by Peterson on its 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.  Medina admitted that some of the tweets violated the city’s social media policy.  The policy states when replying to posts on city accounts, city employees are supposed to “keep it professional and avoid confrontation.” 

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.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

APD SPOKEMAN POKES FUN OF FORMER CHIEF’S RUMORED DEMENTIA

On March 22, 2022,  a  KOAT TV Target 7 Investigation reported that APD Public Information Officer Gilbert Gallegos posts had reach 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 Gieir left, Gallegos and Medina both unleashed a torrent of 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#

COUNCIL TAKES KELLER ADMINISTRATION TO TASK THE FIRST TIME

On April 3, 2023, the Albuquerque City Council took to task the Keller Administration and the nefarious conduct of APD Public Information Officer Gilbert Gallegos.  District 9 City Councilor and Vice President of Council Renee Grout asked Keller administration officials about the offensive tweets posted by Gilbert Gallegos. Grout showed on the city council chambers big screen the tweet where Gallegos attacked Doug Peterson.  Grout told Medina and Rael she numerous complaints from her constituents about Gallegos poking fun at crime in the gated community of Tanoan.  Grout said this about the TWEET:

“I think it’s unacceptable. … And, I wouldn’t put up with it in my business, an employee that I had. And, so it needs to change. … We are all here to serve the citizens of Albuquerque.”

Councilor Grout questioned then Chief Administration Officer Lawrence Rael about the behavior of Gallegos’s tweets and asked him “Do you think that that response is good customer service?”

Rael stammered with his answer and said this:

“Look, I have gotten the point of what you all have made and we will visit with that. I am in the opinion we should always be professional and stick to the subject matter. … I would commit to you that we will have the conversation with the individual and with the utmost importance that it is about being professional and treating people with respect as you requested.”

Rael then went on to defend Gilbert Gallegos saying he was a very dedicated individual public employee and thanked the Councilor for bringing the conduct to his attention.

Then Council President and District 6 Councilor Pat Davis, who has since left office, called upon APD Chief Harold Medina to answer questions about Gallegos’s behavior and why they have not disciplined him for violating APD’s social media policy.

Chief Medina never said if Gallegos was ever disciplined or if there was any plan to discipline Gallegos. When asked about the Gallegos tweets, Medina responded that Gallegos was responding to private citizens who are attacking APD officers, and the tweets were a way to fight back.  Medina said this:

“All of our responses are geared to facts and our responses are geared toward supporting our officers.”

Davis asked Medina who Gallegos reports to and followed up asking who has access to the APD’s PIO Twitter account. Medina said this:

“He answers to the Chief of Police. I would say there is about three who could have access to the PIO account.”

It turns out that Gallegos is the sole person who has exclusive access to all of the APD run PIO Twitter accounts, now X, and changed the login credentials when he was first appointed to  the position. The Tweets and response tweets indicate Gallegos is the sole person running the account.

Then President of Council Councilor Pat Davis went on to say during the city council meeting that he and then CAO Lawrence Rael talked about Gallegos behavior at least 6 times prior to the meeting. He addressed Rael and Chief Medina with a stern and strong tone about Gallegos’s behavior and said this:

“It is very clear that this account in the way it engages with our community is disruptive, is unhelpful to our engaging with the community and our positive relations. … It is not that we are just bringing this to your attention. We have brought it to your attention. Channel 7 has brought it to your attention.

This issue has been going on for quite some time. We have had personal conversations and news stories. It is very clear this account that engages with our community is disruptive and unhelpful in engaging the community. It is time to stop! Will you commit that person will no longer be allowed to operate that account until they are retrained or will you continue to allow this person to do so in violation of policy that specifically says they must treat people with respect.”

Rael responded saying that more conversations with Gallegos about being professional would be held.

Davis doubled down and said this:

“Let me make this clear. We are not Qanon trolls but we are participating in it and encouraging it, and elevating all those people by responding to it and it is beneath the dignity of you, and this department. …And we’ve had this conversation. People are allowed to disagree with us. … We do not make fun of our former police chief’s health conditions on Twitter. That is too far and someone needed to be disciplined for it. As near as I can tell, it hasn’t happened. That’s enough. We’ve done with this.”

When asked if the tweets followed city policy, Medina told Target 7 in a separate interview:

“Some of them may not, but some of them bluntly point out differences. And I’m okay with that.”

The mayor’s office told Target 7 multiple times they “support the department in their efforts to push back against misinformation on social media.”

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

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

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

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

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

COMMENTARY AND ANALYSIS

The City of Albuquerque employs between 30 and 35 Public Information Officers (PIOs) who are paid as low as $35,000 a year and as high as $65,000 a year. Some are classified employees who can only be terminated for cause while others are at will employees and can be terminated without cause and for no reason at the discretion of Mayor Keller and his Administration.

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. The APD Spokespersons historically have been sworn police officers assigned APD vehicles with the rational that they understand the duties and responsibilities of police work and they wear a police uniform when being interviewed by the press.

Gilbert Gallegos is a civilian at will employee and is paid $120,000 a year. Gallegos has no law enforcement training, he is a former Albuquerque Tribune reporter and worked for Governor Bill Richardson and Governor Michelle Lujan Grisham when she was a congresswoman. When Governor Richardson left office, Governor Susan Martinez terminated him.

APD Police Chief Harold Medina and Mayor Tim Keller have never taken any action to put a stop to the tweets by Gilbert Gallegos and have gone as far as to say they have no problem with his tweets even though they acknowledge it violates 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, 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 has said through spokes persons that his office “supports the department in their efforts to push back against misinformation on social media.”

Gilbert Gallegos has engaged in outrageous conduct with the public that cannot be tolerated of any public employee and would normally be grounds for termination. There is no doubt that APD Chief Harold Medina and his APD Public Information flack Gilbert Gallegos know exactly what they are doing with their social media attacks on private citizens.

Calling a businessman who is exercising his right of free speech a racist as Gilbert Gallegos did of Doug Peteson is not keeping it professional nor is it avoiding confrontation and it’s likely libelous. Chief Medina enabling and backing up a public relations flack to attack a private citizen because he is critical of APD performance is not at all appropriate nor is it cyberbullying as Medina proclaims. Gilbert and Medina have a real warped understanding of the concept of “to protect and serve”.  They know damn well their social media posts generate extreme hostility and mistrust towards private citizens and we have a Mayor who is allowing them to get away with it.

There is no legitimate reason to allow APD to have its own social media policy other than allowing it to say what it wants and to attack who they want on social media. If anything, APD should not be allowed to post on FACEBOOK or “X” without the post being reviewed by a city attorney to ensure it conforms to city policy and does not violate the laws of libel and slander.

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 requiring a public “push back”. It does not mean APD has the right to engage in libel and slander nor violate people’s first amendment rights of free speech.

Chief Medina and APD Spokesman Gilbert Gallegos also have a warped misunderstanding of their role when it comes to dealing with the general public and processing citizens’ complaints and talking to citizens in general.  Their attitude as reflected by the TWITTER posts is that unless you agree with APD and all of its actions, you are “anti cop” and you are a “cop hater”.

 It is painfully obvious that Gilbert Gallegos has absolutely no respect for the wishes of the Albuquerque City Council as he continues with his attacks on private citizen and the media with post on social media. It is also painfully obvious that Mayor Tim Keller and  APD Chief Harold Medina likewise have no respect for the City Council in that they have condoned and supported the conduct of Gilbert Gallegos.

Simply put, the City Council needs to be far more aggressive in dealing with APD Communications Director Gilbert Gallegos. The City Council Needs to take a vote no confidence and demand the termination of Gilbert Gallegos and go so far as defund the position if Mayor Keller fails to act.

Links to related blog articles are here:

APD Public Relations Flack Gilbert Gallegos And Chief Harold Medina Engage In Social Media Bullying To Vilify Citizens And Judges; Stoop To All Time Low; Done With Backing Of Mayor Tim Keller  

https://www.petedinelli.com/2023/04/05/city-council-challenges-the-nefarious-conduct-of-apd-public-relations-flack-gilbert-gallegos-and-chief-harold-medina-on-social-media-bullying-to-vilify-citizens-and-judges-done-with-backin/

The New Mexico Legislature created the New Mexico Finance Authority (NMFA) in 1992 as a mechanism for accessing low-cost capital for home ownership in New Mexico cities, counties and certain departments of state government. The MFA administers hundreds of millions of dollars each year among 40 programs that range from homeless services to homeownership. It includes new housing, down payment assistance and home rehabilitation. The agency works with hundreds of partner organizations that represent developers, realtors, landlords, nonprofits, for-profits, local governments and tribal governments. Twenty-five of its partners provide homeless services.

On July 24, the New Mexico Mortgage Finance Authority (NMFA) officials reported on the findings of the state’s most recent housing needs assessment.  It outlined how $84.6 million in state funding will be allocated to address those needs.  The New Mexico Housing Needs Assessment is a comprehensive annual report produced by New Mexico Mortgage Finance Authority. It comprises an array of housing indicators describing affordable housing needs in the state.

MAJOR FINDINGS OF REPORT

Following is an edited version the major findings of the 2024 MFA Housing Needs Report deleting graphs and figures:

NEW MEXICO’S DEMOGRAPHIC AND ECONOMIC PROFILE

“There are 2,112,463 people residing in New Mexico and 812,852 households in the state. New Mexico’s population grew 1.3% over the last five years, a rate which lags its neighboring states: Utah (9.7%), Nevada (7.5%), Texas (6.6%), Colorado (6.2%), and Arizona (5.3%).

New Mexico’s working population, defined as persons 16 years and older, is primarily employed in education and healthcare, at a rate of 25.7%.  This rate is consistent with national trends.

 The poverty rate in New Mexico’s poverty is 18.3%,  higher than the national rate of 12.5%.

New Mexico’s median household income is $58,722, which is lower than the national median household income of $75,149.

The percentage of the population living with a disability in New Mexico totals 34.4%, which is higher than the national rate of 26.4%.

The rate of households with seniors, which are defined as households with one or more people 65 years of age or older,  in New Mexico is 33.8%. Nationwide, the rate of households with seniors is 11.5%.

Many New Mexico senior households are low or moderate income with 41.8% earning less than $40,000 annually. The national rate is 37.7%.

The Homeownership rate in New Mexico is 70.9%, which is higher than the national rate of 64.8%.

43.2% of New Mexican households earn less than $50,000 annually. This rate for the country is 33.8%. Renters in New Mexico, like the rest of the nation, are more likely to be low-income compared to homeowners.

The state’s median household income increased from $48,059 to $58,722, or  22.2%.  from 2018 to 2022.

The median home price increased by a whopping 50% from $200,000 to $306,000.”

EDITORS NOTE:  Home price increases surpass wage growth, which results in difficulty achieving homeownership.

HOMEOWNERSHIP MARKET AND DEMOGRAPHICS

“In New Mexico, the median sale price of a home in 2023 was $323,230 which increased 5.6% from the prior year.   As home price increases outpace wage growth, the ability to achieve homeownership becomes more difficult.

Inequities in homeownership persist with respect to race:

• White households comprise 37.8% of homeowners but 35.6% of the population.
• Hispanic households account for 35.2% of homeowners but 49.8% of the population.
• The relative rates for Native American households is 5.2% of homeowners and 8.5% of the population.
• Black or African American, Asian and households of two or more races are underrepresented among homeowners.”

RENTAL MARKET DISPARITY

“In New Mexico, the median monthly gross rent in 2022 was $966, which increased 7.7% from the previous year and 16.7% from 2018.

The state’s renter median income increased from $34,837 to $37,408 or 7.4% from 2021 to 2022, which lagged behind rent price increases.”

DECLINE IN HOUSING PERMITS

“Single-family detached homes comprise the majority of New Mexico’s housing stock, followed by a high percentage of mobile or manufactured homes.  The number of building permits for residential construction issued in 2023 decreased by 2.2% from the prior year.  Despite this dip in the pace of construction, the decades-long trend of depressed building has abated in recent years, with a 71.7% increase from 2019 to 2023.”

DECLINE IN AFFORDABLE HOUSING

“Cost-burden among renters (43.9%) is higher than homeowners (28.4%), largely due to lower income levels among renters. A decreasing supply of affordable housing options, for both renters and homeowners, coupled with increasing demand as the state’s population grows, threatens to worsen cost burden rates.”

PRESERVATION AND REDEVELOPMENT NEEDS

“43.2% of houses in New Mexico were built prior to 1980, which indicates a high need to preserve the stock of existing homes.

15.3% of homes are mobile or manufactured housing units.  Mobile homes built before 1976 do not meet HUD’s Manufactured Home Construction and Safety Standards, which are federal standards for the design and construction of manufactured homes to assure quality, durability, safety, and affordability. Thus, HUD only allows for the replacement of these units rather than rehabilitation.

3.3% of households are overcrowded.

1.0% of households do not have sufficient plumbing facilities and 1.0% lack complete kitchen facilities.”

NATIVE AMERICAN HOUSING CONDITIONS CREATE HEALTH RISKS

“Housing condition issues are exceptionally high in Native American or Tribal areas. Lack of complete plumbing, complete kitchens, sub-standard heating, electrical, and design is more widespread and severe in the homes of Native Americans than the state overall.

These conditions create health risks, such as household air pollution and extreme heat and cold. Poor housing conditions are associated with increased risk of contracting asthma and cancer, increased chance of housing-related injuries, and even poorer cognitive development in children.”

NUMBER OF NEW MEXICO HOMELESS INCREASES BY 50%

The total number of homeless individuals in New Mexico increased by 50% from 2022 to 3,842 in 2023, based on HUD’s Point in Time (PIT) count.  While PIT count data is one of the main measures of homelessness, it does not completely capture the extent of homelessness.

PIT count estimates cover the number of people in homeless shelters, transitional housing and unsheltered locations during a single night in January. However, for example, many families and children staying in hotels, living in their vehicles or staying in other places not meant for shelter are unlikely to be included in the PIT count.

The number of sheltered homeless individuals totaled 2,242 and the number of unsheltered homeless individuals totaled 1,600.

New Mexico’s homeless population copes with different needs:

• 8% (1,031) of the state’s homeless population are families with children.
• 2% (240) are unaccompanied homeless youth.
• 7% (256) are veterans.
• 1% (1,694) are chronically homeless individuals (1,694).

Chronically homeless individuals have experienced homelessness for at least one year and have a severe physical or mental health condition. This segment of the homeless populationis likely to live in unsheltered locations.

The link to  full, unedited  housing needs assessment is here:

https://drive.google.com/file/d/1SzAnXnO_nHI5ef3onk_5tPKhKrIaIQLc/view

NMFA Executive Director and CEO Isidoro Hernandez said this about the MFA housing needs report:

“The housing needs assessment findings provide us with a reality of what the affordable housing necessities are in our state. … Along with our partners, we have assisted over 500,000 families across the housing spectrum for close to 50 years. By signing House Bill 2 earlier this year, Governor Michelle Lujan Grisham appropriated $50 million to support the New Mexico Housing Trust Fund. This funding allows us to continue our pursuit to do even more to help New Mexicans get into safe, affordable homes.”

FUNDING APPROVED

At its May and June meetings, the New Mexico Mortgage Finance Authority Board of Directors approved a $50 million allocation, along with the $34.6 million in state fiscal year 2025 severance tax bond funding. The breakdown includes:

• $26.6 million to create more housing.
• $20 million for down payment assistance.
• $10 million to preserve existing affordable housing.
• $1 million to create stable housing environments.
• $27 million in reserve to use based on particular demands.

MFA Executive Director Hernandez said this about the allocations:

“Whether it’s building homeownership and wealth, creating more housing, preserving existing affordable housing or creating stable housing environments, our efforts and programs directly align with the key findings in the housing needs assessment report. … I appreciate our board of directors, the governor and legislators for their support and funding for these much-needed programs in our state.”

The full housing needs assessment is available here.

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

https://housingnm.org/about-mfa/news/new-mexico-mortgage-finance-authority-announces-findings-from-housing-needs-report-84.6-million-in-funding-and-an-updated-brand-for-the-states-housing-authority

https://www.koat.com/article/monday-breaks-record-for-hottest-day-ever-on-earth/61688417

https://citydesk.org/2024/homelessness-has-increased-by-50-affordable-housing-is-scarce/

NEW BRAND: HOUSING NEW MEXICO

On July 24, it was announced that the MFA has been rebranded after almost 50 years in operation.  The name Housing New Mexico  will now be used.  The new name is intended to better describe the agency and keep confusion to a minimum. The MFA is often mistaken for the New Mexico Finance Authority (NMFA), which was created by the Legislature in 1992 to finance infrastructure projects. The NMMFA headquarters and its 128 employees are located at 344 Fourth St. SW in Downtown Albuquerque. 2023

POINT-IN-TIME (PIT) REPORT

The POINT-IN-TIME (PIT) REPORT is the annual process of identifying and counting individuals and families experiencing sheltered and unsheltered homelessness within a community on a single night in January. The PIT count is done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels. This year’s PIT  count occurred from January 31st through February 3rd.

In the last week of August, 2023, The New Mexico Coalition End Homelessness released the 2023 “Point In Time” (PIT) survey on New Mexico homelessness.  The link to review the entire 31-page 2023 PIT Report with graphs and charts is here:

https://www.nmceh.org/_files/ugd/ad7ad8_6d9bf66e3a5d407eaad310cc44ecaf82.pdf

 The total number of the unhoused in the city of Albuquerque dwarfs in sure numbers the total number of the unhoused in the state of New Mexico. For this reason, the 2023 Point In Time Survey release by the New Mexico Coalition End Homelessness first reports on the unsheltered and sheltered people experiencing homelessness in Albuquerque. It then reports on the unsheltered and sheltered people experiencing homelessness in the State referred to as the Balance of the State.

ALBUQUERQUE UNSHELTERED DATA BREAKDOWN

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 30, 2023 was 1,980. (Households include those with or without children or only children.)  The breakdown is as follows:

• Emergency Shelters: 864
• Transitional Housing: 187
• Unsheltered: 928

TOTAL HOUSEHOLDS:  1,980

PERSONS COUNTED IN ALBUQUERQUE

The total count of PERSONS  experiencing homelessness in Albuquerque on January 30, 2023 was 2,394 broken down in 3 categories.

• Emergency Shelters: 1,125
• Transitional Housing: 292
• Unsheltered: 977

TOTAL PERSONS: 2,394.

ALBUQUERQUE’S 2009 TO 2023 STATISTICS

Total number of PEOPLE counted during the Albuquerque Point-in-Time counts from 2009  to 2023 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

The data breakdown for the  2023 Albuquerque UNSHELTERED was reported as follows:

• 790 (81%) were considered chronically homeless
• 78 (  8%) were veterans
• 387 (40%) were experiencing homelessness for the first time 
• 150 (15%) were homeless due to domestic violence
• 488 (50%) were adults with a serious mental illness
• 436 (45%) were adults with a substance abuse disorder

 ALBUQUERQUE’S UNSHELTERED COUNT OVER TIME

The 2023 PIT report  contains the count of people experiencing UNSHELTERED homelessness in Albuquerque during the years 2009-2023 to establish a graphic trend line for the period. The yearly numbers are as follows:

• 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

BALANCE OF STATE UNSHELTERED DATA BREAKDOWN

The 2023 PIT survey provides the estimated number of people experiencing unsheltered homelessness in the Balance of State.  (Households include those with or without children or only children.)

HOUSEHOLDS COUNTED IN BALANCE OF THE STATE

The total count of HOUSEHOLDS experiencing homelessness in the Balance of State on January 30, 2023 was 1,075  broken down as follows:

• Emergency Shelters: 452
• Transitional Housing: 58
• Unsheltered: 565

TOTAL HOUSEHOLDS:  1,075

INDIVIDUALS COUNTED IN BALANCE OF STATE

The total count of PERSONS  experiencing homelessness in the Balance of the State on January 30, 2023 was 1,448.

• Emergency Shelters: 665
• Transitional Housing: 160
• Unsheltered: 623

TOTAL PERSONS: 1,448

BALANCE OF THE STATE 2009 TO 2023 STATISTICS

Following are the number of unsheltered people counted in the BALANCE OF THE STATE for the odd number years 2009-2023 to establish a graphic trend line:

• 2009: 1,473
• 2011: 1,962
• 2013: 1,648
• 2015: 1,342
• 2017: 1,164
• 2019: 1,717
• 2021: 1,180
• 2022: 1,283
• 2023: 1,448 

BALANCE OF STATE UNSHELTERED DATA BREAKDOWN

• 315 (51%) were considered chronically homeless
• 68 (11%) were veterans 
• 219 (35%) were experiencing homelessness for the first time 
• 99 (16%) were homeless due to domestic violence 
• 78 (13%) were adults with a serious mental illness 
• 81 (13%) were adults with a substance use disorder

TOTAL DATA BREAKDOWN: EMERGENCY SHELTERS, TRANSITIONAL HOUSING, UNSHELTERED

Relying on the total numbers found for the number of HOMELESS, those in Emergency Shelters, those in Transitional Housing, and those Unsheltered contained in the 2023 PIT Survey, the following is calculated:

1. The total number of HOMELESSas reported by the 2023 Point In Time Survey is 3,842 calculated as follows:

• 2,394 persons counted HOMELESS in Albuquerque
• 1,448 persons counted HOMELESS in Balance of State
• 3,842 TOTAL PERSONS COUNTED AS HOMELESS

2. The total number persons in EMERGENCY SHELTERSreported by the 2023 Point In Time Survey is 1,790 calculated as follows:

• 1,125   persons counted in emergency shelters in Albuquerque
• 665   persons counted in emergency shelters Balance of State
• 1,790  TOTAL PERSONS IN EMERGENCY SHELTERS

3. The total number persons in TRANSITIONAL HOUSING reported by the 2023 Point In Time Survey is 452 calculated as follows:

• 292 persons in transitional housing counted in Albuquerque
• 160 persons counted in transitional housing in Balance of State
• 452  TOTAL PERSONS IN TRANSITIONAL HOUSING

4. The total number persons reported UNSHELTEREDby the 2023 Point In Time Survey is 1,500 calculated as follows:

• 977  persons counted unsheltered in Albuquerque
• 623  persons counted unsheltered in Balance of State
• 1,500  TOTAL PERSONS COUNTED UNSHELTERED

COMMENTARY AND ANALYSIS

The 2024 MFA Needs Assessment Report includes a number of indicators that are very sobering when it comes to the state’s housing realities. Those harsh realities include the following:

1. The state’s median household income increased 22.2% from $48,059 to $58,722 from 2018 to 2022 while the median home price increased 53.05% from $200,000 and bloated to $306,000.

3. Renters also face daunting increases. The median monthly gross rent in 2022 was $966, an increase of 7.7% from 2021 and an increase of 16.7% from 2018. Almost 44% of renters and 28% of homeowners are cost-burdened, meaning households pay more than 30% of their income on housing costs.

3. New Mexico’s Homeless Coalition point-in-time count reportshows an increase in homelessness over a three-year span in Albuquerque. The point-in-time count report reveals 1,152 people experienced homelessness in 2021 compared to 1,311 in 2022, a 13.8% increase from the year before. In 2023, the report revealed 2,394 people experienced homelessness, which more than doubled its original numbers with an 83% increase from 2022. 2024’s report is not available.

4. There is clearly and urgent need in New Mexico for affordable housing. There are an estimated 15,000 to 20,000 people in New Mexico who experience homelessness each year. There is a shortage of 32,000 low-income rental housing units, and there are more than 40,000 housing units across the state in need of rehabilitation, such as a functioning kitchen or adequate plumbing.

New Mexico’s financial reserves have reached upwards of 52% of ongoing state spending resulting in a financial cushion of nearly $4.4 billion. The financial cushion is being fueled by the incredible oil and gas boom and along with strong consumer spending generating gross receipts tax revenues. The windfall is expected to continue. If there ever was a time for the state to afford making a difference in affordable housing now is the time.

Links to related blog articles are here:

New Mexico’s Financial Reserves Reach 52% Of Ongoing State Spending; Déjà vu All Over Again; State Needs To Shed “Saving For Rainy Day” Mentality; Invest Surplus In Transformative Projects

2023 Point In Time Count Of Homeless Finds 3,842 Unhoused In New Mexico, 2,394 Unhoused In Albuquerque; 83% Increase From Last Year; City Spends Millions A Year As Homelessness Increases

On August 29, in an exclusive interview with KOAT-TV, Mayor Tim Keller made it known that in 2025 he will be seeking a third 4-year term as Mayor. Keller made it know he is running for a third term during a wide ranging exclusive interview with Channel 7 on topics including public safety, APD staffing, crime statistics, the homeless and the ongoing  controversy where APD Chief Harold caused a crash sending a man  to the hospital in critical condition.

During the exclusive interview, Keller appeared somewhat subdued with a forced smile on his face saying times have been tough for the city during the last 10 years but many projects he has started will not be completed until 2027. He said he wants to finish the work he has started.  Keller took some credit for crime going down and defended Chief Medina saying the car crash he caused  had been fully investigated not mentioning the personal injury lawsuit filed against the city and Medina. Chief Medina has already said he has no intention of resigning and will be retiring just before the November, 2025 municipal election.

KOAT TV INTERVIEW

Below is the KOAT-TV on line transcribed report as written by KOAT TV staff reporter  Julian Paras followed by the link to the report:

HEADLINE: ABQ Mayor Tim Keller: ‘I am planning on another term’

The Albuquerque mayor says there’s still work to be done. He also wants to see additional progress made in the city.

“It’s no secret I am planning on another term, but it’s to see this through,” Albuquerque Mayor Tim Keller said Thursday. “I always say, like, 2027 is going to be a great year because all these projects I’ve been working on are going to be done, but I got to make sure I’m there to see it, so that’s what I’m thinking right now.”

Keller said there are improvements being made to enhance public safety and quality of life, but that more needs to be done.

Keller also mentioned that homelessness is also a big issue and says initiatives like the Gateway Center, which houses 900 people a day now, are factors that make a difference for Albuquerque. The mayor said he’s seen a growth in population and economic development, like solar manufacturing, to keep people here and build on even more.

KOAT Political Expert Brian Sanderoff says he’s not surprised by Keller’s plans to run for a third term as mayor.

“Oftentimes when a person decides he’s not going to run again, they start acting a little differently or be less engaged in the like or start thinking about other offices they might be considering,” Sanderoff said.

The link to the KOAT TV report is here:

https://www.koat.com/article/abq-mayor-tim-keller-i-am-planning-on-another-term-koat-albuquerque-public-safety/62010718

KELLER ISSUES STATEMENT

On August 30, in further response to the Channel 7 news report, Mayor Keller issued the following statement:

“I’ve been publicly asked about once a month for the last year about my intent to run, and I always want to give a straightforward answer.   I plan to ask voters for another term to finish key projects like building out the Gateways, the consent decree, downtown revitalization, solidifying our social service response department, the Rail Yards film school and a dozen or so other critical projects. As I’ve stated in the past, I would formally announce early next year.”

https://www.abqjournal.com/news/albuquerque-mayor-planning-to-run-for-a-third-term/article_0295f1bc-671b-11ef-b235-930bd12041c1.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It comes as absolutely no surprise to city hall observers that Mayor Tim Keller is running for a third  4-year term as Mayor. Last year before the November 2023 municipal election, Keller made it known to at least two city council candidates he supported and his executive staff he was running for a third term. The real surprise is why he is he making it known now, during the middle of a Presidential election and when the 2025 municipal election is over a full year away on November 4, 2025.  Keller has essentially announced his bid for a third term with absolutely no fanfare, no crowd of adoring supporters, no public event, no hoopla, no family present with him, not even his wife and two children, and no inspiring speech to be reported on by all local news outlets.

KELLER’S LOW APPROVAL RATING LIKELY HAS NOT IMPROVED MUCH

Mayor Keller knows he has an uphill battle for another term given all the problems the city is still facing with little to show for despite all his efforts, the millions spent on the unhoused and public safety and his good intentions.  He is likely trying to keep opposition out of the race.

Voters are increasingly making it known they are not at all satisfied with his overall job performance. On November 3, 2023, the Albuquerque Journal released a poll on Mayor Keller’s job performance. The poll was conducted by its long-time polling firm Research & Polling which is considered the gold standard when it comes to political polls because of its accuracy.

The Journal poll asked the singular question “Do you approve or disapprove of the way Tim Keller is handling his job as Mayor?”

The results of the poll were dramatic:

• 40% said they DISAPPROVE 
• 33% said they APPROVED
• 21% said they had mixed feelings
• 5%  would not say

Tim Keller has always been the eternal optimist with a smile on his face and a grin in his voice.  He downplayed the poll results when asked about the results noting that the 33% who approve of his job performance and the 21% who reported mixed feelings together make up 54% of those polled and saying the 54% is nearly equal to his 56% performance he had in his 2021 bid for a second term. In 2021 he ran against former Democrat Sherriff Manny Gonzales and Republican Trumpster shock jock Eddy Aragon.  Keller told the Journal this about its poll:

“I think there is certainly plenty of runway left.”

CHRONOLOGY OF KELLER’S DECLINING POPULARITY

It was during his 2021 campaign for a second term that Keller registered a 50% approval rating in the Journal Poll.  Previous Journal Polls found a majority in Albuquerque approved of Mayor Tim Keller during his first term, including 60% in 2020 and 61% in 2018.

In 2017 then New Mexico State Auditor Tim Keller was elected Mayor coming in first by beating all 7 of his opponents to get into a runoff. He went on to win in 2017 by a decisive landslide against City Councilor Dan Lewis who secured 37.8% with Keller winning with 62.2% of the vote.

Mayor Keller won his 2021 election to a second 4-year term with  56% of the final vote and beating Sheriff Manny Gonzales who secured 26% of the vote and Der Führer Trump Radio Shock Jock Eddy Aragon secured 18% of the vote.

CITIZENS SATISFACTION SURVEY REFLECTS PUBLIC DISATIFACTION WITH KELLER

On April 16, 2024, a mere 5 months ago, the results of the annual City of Albuquerque Citizen Perception Survey were released. The annual survey is done to determine residents’ satisfaction with city services and issues.  The results of the survey were as follows:

QUALITY OF LIFE

Financial security deals with “quality of life.”  50%  of city residents felt their personal financial situation largely stayed the same over the previous 6 months. 37%   reported  that their personal financial situation had gotten worse over the last six months, while just 12% felt  their financial situation had gotten better.

PERSONAL SAFETY

69% of city residents reported feeling safe outside in their neighborhoods. 81% of city residents said that speeding and reckless driving affected their feelings of safety. Illegal drug use is the second most significant contributor to residents not feeling safe. It edged out speeding and reckless driving in intensity with a whopping 77% of residents saying very much or somewhat.

CITY SERVICES

According to the Citizens Satisfaction survey 61% “disagree” and 35% “agree” that “the Albuquerque City Government is responsive to our community needs.”

HOMELESSNESS

23% of city residents felt panhandling impacted them and their family the most, while 17% feel homeless encampments impacts the most for a combined total of 40% for the two issues. Homeless numbers have spiked dramatically despite the Keller administration spending over $100 million the last two years on assistance and shelter to the homeless and is planning to spend another $65 million during the current fiscal year of 2024 to 2025 which began on July 1.

DIRECTION CITY IS GOING

According to the Citizens Satisfaction Survey 63% of city residents reported that they do not feel the city is going in the right direction with only 31% say they are hopeful about the direction the city is going.

ALBUQUERQUE POLICE DEPARTMENT

According to the Citizens Satisfaction Survey Sixty 60% of city residents “disagree” and 35% “agree” that the APD is doing a good job addressing property crime. 56% of city residents “disagree” and 39% “agree” that APD is doing a good job addressing violent crime.

According to the Citizens Satisfaction Survey, 51% of city residents “disagree” that “the Albuquerque Police Department is ready to transition away from oversight by the federal government and operate on its own” while only 39% “agree.”  These APD ratings are despite the fact that APD has now achieved compliance with the Federal mandated reforms and APD is on track for the case to be dismissed after APD sustains the 3 compliance levels for two full years.

 ANALYSIS OF APD

APD’s budget is $271.5 million and is the largest department budget, representing upwards of 33% of the city’s $845.9 million general fund budget. The citizen satisfaction survey reflects the public has lost confidence in APD and is dissatisfied with how APD is dealing with property crime and violent crime with the resources it has.

The ongoing FBI investigation of the entire DWI unit of APD for bribery and conspiracy and dismissal of hundreds of DWI cases has destroyed APD’s reputation. APD’s finding that Chief Harold Medina’s car crash critically injuring another was “non-preventable” reflects APD is unable to police itself.

It has been reported APD ranks No. 1 in civilian killings out of the 50 largest city police departments in the country.

DIRECTION CITY IS GOING

The city’s annual budget is $1.2 billion and it employs over 7,000 full-time employees, yet the citizens survey said residents do not believe city government is responsive to their needs.

It’s alarming that 63% of city residents say they are concerned over the direction the city is going and 61% disagreeing city government is responsive to community needs. These ratings reflect the general public believes Mayor Tim Keller and the City Council are failures managing city resources.

The Citizens Satisfaction Survey is a reflection of Mayor Keller’s poor job performance as he prepares to run for a third term. Voters want results when it comes to APD and the direction the city is going.  After seven years in office, Mayor Keller and his APD management team have failed.

FINAL ANALYSIS

Not with standing declining job approval ratings, poor job performance and all public criticism of Mayor Keller, he is still favored for election to a third term. This is primarily because no one knows if he will have a serious opponent who can amount an effective campaign against him. He has never lost an election and has won all of his elections by a landslide. He has a built-in advantage with an existing campaign organization and the ability to raise large sums of campaign cash along with a campaign manager who resorts to slash and burn tactics to disparage opposition and win at all costs.

Now that Keller has confirmed that he is indeed running, efforts to recruit candidates to run against him will likely begin in earnest. One month, let alone a full year, can be a lifetime in politics. So much can change in a heartbeat as is evidenced by Vice President Kamala Harris running against Trump. The city’s ongoing homicide and violent crime rates, the homeless crisis and the ongoing train wreck known as the Albuquerque Police Department are all potential pitfalls that could continue to bring Keller’s approval ratings down and cost him the election.

There is very little doubt that the Albuquerque Journal will be conducting a poll on the November 5, 2024, New Mexico general election and the election races in New Mexico’s federal offices and the Presidential election.  It likely the Journal poll will include the major issues. As was the case in 2022, you can expect the Albuquerque Journal to include another question on Mayor Tim Keller job performance.  If a new Journal Poll does indeed confirm Keller’s low approval rating getting worse, he just might reconsider running for a third term and move on with APD Chief Medina to greener pastures. The problem for Keller is there may be no greener pastures to run for higher office as has been the case for all of Albuquerque’s Mayors with the job as Mayor considered a dead end.

The links to related blog articles are here:

Tim Keller’s 33% Approval And 40% Disapproval Ratings Deep Hole Of His Own Making He May Not Be Able To Climb Out Of; Keller’s Statewide Ambitions Likely Unrealistic As He Signals Desire For Third Term | (petedinelli.com)

City “Citizens Satisfaction Survey” Gut Punch To Mayor Tim Keller As He Plans to Seek 3rd Term; 63% Concerned Over Direction City Is Going; 61% Disagree City Government Is Responsive To Community Needs; 60% Disagree APD Doing Good Job Addressing Property Crime; 56% Disagree APD Doing Good Job Addressing Violent Crime | (petedinelli.com)

On February 25, 2020 Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. In August 2022, Governor Michelle Lujan Grisham ordered the creation of a task force to educate law enforcement officers about the “red flag gun law” and to increase public awareness of it after it was revealed that law enforcement was essentially ignoring the law.

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by a law enforcement task force on the “red flag law” that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings  in 2021 to 46 petition filings in 2023.  Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

• 2020:  4
• 2021: 3
• 2022: 14
• 2023: 46
• 2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge.  In most of the cases Judge Levy has handled, defendants were in agreement with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

LAW ENFORCEMENT DESCRIBES USE OF RED FLAG LAW 

APD Detective Jeff Jones and other APD officers described to the committee how they have used the law.

APD Detective Coty Maxwell cited an investigation into a man who threatened to kill his neighbors and himself with a gun. Detective Maxwell told the committee this:

“During my investigation, I found this person had access to 13 firearms, including 11 high-powered rifles and two handguns … [and he] had previously refused treatment for mental health issues.”

Maxwell said the defendant eventually agreed to surrender his firearms after acknowledging his mental health struggles.

In another case, APD officers successfully used the law after a student at an Albuquerque school threatened another student and posted photos on social media of himself with a semi-automatic handgun.

APD Detective Jeff Jones told the legislative Courts, Corrections and Justice Committee this:

“I think it’s saved some lives and given some hope for families.”

CHANGES BEING PROPOSED

Since the red flag gun law took effect, several changes to it have been proposed as a way to make the law less cumbersome. Notwithstanding those changes failing to win legislative approval, more revisions are being  proposed for next year’s 60-day legislative session that begins on January 21, 2025.

State Police Deputy Chief Carolyn Huynh heads the task force created to educate law enforcement and the public on the red flag law.  The task force includes a combination of law enforcement officials and behavioral health care experts.

The task force identified several possible changes to the red flag  law. Those proposals include allowing law enforcement officers to directly initiate a court petition, instead of waiting for someone else to contact them, and requiring firearms to be relinquished immediately upon a judge’s order, instead of within 48 hours.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

Increase in red flag gun law petitions filed in New Mexico (koat.com)

https://www.koat.com/article/red-flag-gun-law-new-mexico/61891358#:~:text=New%20Mexico%20Attorney%20General%20Ra%C3%BAl,%2C%20Nov.%208%2C%202023.

RED FLAG LAWS EXPLAINED

A “red flag law” is a gun control law that permits police, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others. The action is civil in nature and it is not a criminal action nor a civil commitment proceeding to determine mental competency. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs). Red Flag laws as well as Universal Background Checks and closing the “gun show loophole” have become popular gun policy proposals raised in the aftermath of mass shootings like those in Sandy Hook, Parkland, El Paso and Dayton.

Usually under “red flag laws”, if a judge after an evidentiary hearing find that person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

CONTROVERSIAL START

On February 25, 2020 Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others.  New Mexico’s “red flag law” allows for court-ordered seizure of guns from individuals deemed an imminent danger to themselves or others.

Law enforcement officers, acting on information provided by a relative, school administrator or employer, can exclusively seek a court order prohibiting someone from having firearms. The petition must be based on “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” If granted, a court can order the temporary seizure of firearms for up to 10 days and until a hearing can be held. After a hearing, the order could be extended one year. It’s “due process of law.”

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

In 2020, virtually every Republican in the House voted against the bill. As Republicans cast their votes, they held up copies of the Constitution. Democrats should have held up copies of death certificates to symbolize suicides and dead victims of domestic gun violence.

Thirty of the state’s elected sheriffs opposed the Extreme Risk Firearm Protection Order Act.  They argued that the law violates the Second Amendment right to bear arms, the Fourth Amendment right against unreasonable search and seizure and the 14th Amendment depriving “any person of life, liberty and property, without due process of law.” The three constitutional amendments are cited by gun fanatics to oppose meaningful gun control. Each separately and together have limitations and exceptions subject to court interpretations.

NEW MEXICO’S “EXTREME RISK FIREARM PROTECTION ORDER ACT” PROVIDES FOR DUE PROCESS OF LAW

Under New Mexico’s law, only a law enforcement officer or a prosecutor can file a petition in state court for an order to prohibit someone from possessing firearms.  The petitions can be filed on request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer, but those individuals cannot file petitions directly.

If a temporary 10-day order is granted, a hearing is then held to determine whether the order should be made permanent for a year. Such permanent orders can then be extended for an additional year if a motion is filed before it expires.

The “Extreme Risk Firearm Protection Order Act” or red flag law does contain significant safe guard provisions that protect a citizen’s 2nd, 4th and 14th Amendment Rights. The court proceeding and the process under the new red flag law and how it works is summarized as follows:

“A law enforcement officer, or a prosecutor in cases involving a law enforcement officer, are allowed to file a petition in State District Court for an order to prohibit someone from possessing firearms.

The petitions can be filed upon request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer.

If a law enforcement officer declines to file a petition upon request, the officer will have to file a notice of the decision with the county sheriff.

A District Judge can enter an emergency 10-day risk protection order if “probable cause” is found that an individual poses a danger of causing “imminent” injury to themselves or others.

The individual is then required to surrender all their firearms within 48 hours of a judge’s order or sooner.

A one-year order can be imposed after a court hearing, although such an order requires a higher evidence threshold.

One-year risk protection orders are subject to appeal.

All firearms are required to be returned to their owner within 10 days after an order’s expiration.”

https://www.abqjournal.com/1424533/gov-lujan-grisham-signs-red-flag-gun-bill-into-law.html

Exclusive authority is given to law enforcement to make the decision to file a petition and the petition must be based on whether there’s “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” Law enforcement officials have to explain their decision with the filing of a court notice if they decide not to seek a judge’s order after receiving a report and evidence in support of the petition.

The “Extreme Risk Firearm Protection Order Act” signed by the Governor is a natural progression of the 2019 New Mexico Legislature passage of legislation which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act. Under the enacted legislation domestic abusers must surrender their firearms to law enforcement. The gun possession prohibition also applies to people convicted of other crimes.

COMPREHENSIVE REPORT ON GUNSHOT VICTIMS

Simply put, New Mexico is suffering a major crisis when it comes to gun violence and gun deaths.  New Mexico’s gun violence crisis was laid to bear for all to see on September 28, 2023 when  the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.”  The report spans the time period from 1999 to 2023. The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report are as follows:

INCREASE IN FIREARM-RELATED DEATHS

• Over the past two decades, New Mexico’s firearm death rates rose from 7^thhighest nationwide in 1999 to 3^rd highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
• While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

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

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

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

LOADED AND UNLOADED FIREARMS AS RISK FACTOR FOR FIREARM INJURY AND DEATH

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

HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

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

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

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020:

TYPE OF FIREARM IN DEATHS

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

COMMON FIREARM MANUFACTURERS IN DEATHS

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

AMMUNITION CALIBERS IN VIOLENT DEATHS

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

RELEASE OF INDIVIDUALS FOUND INCOMPETENT TO STAND TRIAL

On June 26, an analysis of the number of people released back into the community after being found incompetent to stand trial was provided to the Court, Corrections and Justice Interim Committee.  The analysis was not completed and was unavailable when the competency bill legislation failed in the 2024 legislative session.

Major findings of the analysis are as follows:

• More than 3,200 people charged with crimes since 2017 in New Mexico have been released back to the community after being found incompetent to stand trial, according to an analysis that fueled Gov. Michelle Lujan Grisham’s call for a special session.
• More than 5,350 of the 16,045 dismissed charges were felonies, according to the analysis. The dismissals included those charged with first-degree murder, trafficking controlled substances, kidnapping, and abuse of a child, according to data of the state Administrative Office of the Courts.
• Other defendants charged with lesser crimes have been repeat offenders caught in a cycle of being charged and released only to be arrested again, charged, and let go after court-ordered evaluations showed they cannot participate in their defense and a judge ruled they were mentally incompetent to stand trial.

After seeing the analysis, Lujan Grisham called the number of criminal case dismissals “frankly, shocking.” The Governor said this:

“Some of these have been in court up to 40 times in a year. If we don’t interrupt that, the status quo that you see playing out in our communities every day will stay. … I’m trying to break that cycle [and] focus on the criminal competency loophole. … The notion that we would have 3,200-plus individuals reoffending for another year is more than I think any New Mexican should have to bear”.

NUMBER OF VIOLENT CRIMES IN NEW MEXICO

According to FBI statistics, the number of violent crimes in New Mexico for the last 11 years has been reported as follows:

• 2012: 11,660
• 2013: 12,990
• 2014: 12,465
• 2015: 13,672
• 2016: 14,585
• 2017: 16,300
• 2018: 17,637
• 2019: 17,302
• 2020: 16,393
• 2021: 17,373
• 2022: 16,494

According to data released by the New Mexico Department of Health and the Centers for Disease Control and Prevention, from 2010 to 2021, the age-adjusted death rate from firearms rose by 87%. In the same time span, New Mexico rose from the 7th to the 3rd highest rate of firearm deaths in the country.

Overall, there was a 34% increase in overall firearm fatalities from 2018 to 2021, with a 70% increase in homicides with a firearm in the same time period.

Not only has death from firearms in New Mexico increased, but so have injuries related to firearms. From 2018 to 2022, the rate of people visiting the emergency room from firearm related injuries rose 35%.

According to the latest stats from the FBI, there were 11,550 instances of shoplifting In New Mexico. It’s a trend that’s been increasing since 2018.

FIREARM INJURY – EMERGENCY ROOM VISITS

Emergency room firearms injuries are on the uptick in New Mexico  and are reported as follows for 5 years of available data:

• 2018: 968
• 2019: 914
• 2020: 1,129
• 2021: 1,263
• 2022: 1,306

 https://www.koat.com/article/new-mexico-crime-stats-town-hall/60513537

Following the death of a child near Isotopes Park in 2023, Governor Michelle Lujan Grisham issued a public health order that was aimed to reduce gun violence. Data released by the governor’s office from September 2023 – March 2024 is as follows:

• TOTAL ARRESTS: 7,649
• FELONY ARRESTS: 4,701 (61.46%)
• MISDEMEANOR ARRESTS/ WARRANTS:  2,948 (38.54%)
• FIREARMS SEIZED: 614
• TRAFFIC CITATIONS: 9,669

COMMENTARY AND ANALYSIS

Given New Mexico’s high suicide rates, domestic violence killings and the threat of mass shootings, its about time that New Mexico’s “red flag law” is being enforced more and more by law enforcement. Notwithstanding, the fact that only 118 petitions have been filed over a full 5 years is somewhat of an embarrassment.

It more likely than not that the more than 3,200 people charged with crimes since 2017 in New Mexico who have been released back to the community after being found incompetent to stand trial would qualify to some extent for the filing of red flag petitions. Law enforcement in general needs to set aside their opposition to red flag laws and use far more initiative in filing petitions.

It has been reported that  on Monday, August 26,  Todd Perchert, the victim of the February 17 car crash caused APD Police Chief Harold Medina, filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the  City of Albuquerque and APD Chief Harold Medina.  The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, is also suing. The Percherts are requequesting a jury trial.

The Percherts are claiming Chef Medina violated multiple state laws and department operating procedures when the crash happened. They also say the city is responsible because it was negligent in hiring, training and supervising Medina. The 20-page lawsuit also states Todd Perchert is unable to work, and has “suffered damage to the value and enjoyment of his life” because of his injuries from the crash.

PERSONAL INJURIES OUTLINED

According to a Channel 7  news report,  Todd Perchert is seeking damages for the following personal injuries sustained in the car crash:

• Broken collarbone and shoulder blade
• 8 broken ribs (Reconstructed with titanium plates after surgery)
• Collapsed lung
• Lacerations to left ear and head
• Multiple gashes to face
• Seven-hour surgery
• Hospitalized with an epidural painkiller and chest tube for nearly a week

Perchert’s attorney Alejandro Acosta, who is with the law firm of  Tawney, Acosta & Chaparro P.C. said this of his client:

“Todd is still experiencing great amounts of pain, due to his extensive injuries, daily pain that he has to deal with. He will tell you that he still feels the metal in his body, dealing with the recovery from the surgeries, continuing treatment. It’s a struggle for him every day to try to continue on with the life that was taken from him before the crash. We’ll let the civil justice system, bring justice to Mr. Perchert.”

KOAT TV legal expert John Day reviewed the civil complaint and said this of the lawsuit:

“It remains to be seen whether all these claims will survive in court. A lot of things could happen. The case could settle. The case could go to jury trial. Either way, this is going to be a case that a lot of people are paying attention to. …  The victim of the crash is filing a civil suit claiming that he has received severe physical injuries and damages by Chief Medina during that accident— the plaintiff, the person who was injured. The driver says, ‘Look, you destroyed my classic Mustang. It landed me in the hospital with severe injuries. It’s had this effect on my life and therefore the city needs to pay me money.  … He’s outlined in his lawsuit what his physical damages are. He’s also claiming basically what’s called Hedonic damages, loss of enjoyment of life— having to go through the pain and suffering of the accident and the aftermath has cost him, as well as, the loss of his car.”

APD AND MAYOR KELLER ISSUE STATEMENTS

A spokesperson Gilbert Gallegos issued the following statement on behalf of APD:

“We will respond to the allegations in court.”

Mayor Tim Keller’s  spokesperson Ava Montoya issued the following statement:

“We recognize the hardships that Mr. Perchert and his wife have been through since the crash and trust that the process will be fair and appropriate.”

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

Victim of crash involving Albuquerque police chief files lawsuit (koat.com) 

https://www.kob.com/new-mexico/couple-suing-albuquerque-police-and-city-over-chiefs-crash/

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-chief-faces-lawsuit-over-crash/#:~:text=ALBUQUERQUE%2C%20N.M.,his%20classic%20Mustang%20in%20February.

FACTUAL BASIS OF CLAIM

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.

In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.   Perchert was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Medina and his wife were unharmed.  Both vehicles were totaled.  Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation.

On February 17, immediately after the car crash, Mayor Tim Keller held a press conference and essentially declared Chief Medina a victim. Keller said this:

“[Getting the call about the crash was]  one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day.  … Fortunately, in this case, I quickly learned he was OK.  … [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.  

A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.”  

On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this this in part:

“I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community. And we need to continue to work at it. I did call out I did submit to a drug test, as any officer would.”

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”

VIDEO OF ACCIDENT RELEASED

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the gold classic Mustang.   The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting.  The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic, and running a red light.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck accelerates through a red light at a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid east before coming to rest, facing west, in the eastbound lane.

RESULTS OF INTERNAL AFFAIRS INVESTIGATIONS

On April 3 it was reported to the City Council that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable” and therefore Chief Medina was not charge charged with any traffic violations by APD.

On July 18, the city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the February 17 car crash resulted in two “letters of reprimand” issued to Medina by Superintendent of Police Reform Eric Garcia.  Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by APD standard operating procedures. The letters of reprimand were placed in Medina’s personnel file.  No other disciplinary action was taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

On July 18, with the announcement of the results of the Internal Affairs Investigation, it was also announced the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and to determine if criminal charges should be brought.  APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after investigating the crash. Deputy Attorney General Greer Staley released a statement and said this:

“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”

NEW INTERNAL AFFAIRS REPORT DISCLOSED

On August 25, it was reported that a report from APD Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17.  The Internal Affairs report  says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.”  The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On Friday August 26, 2024  it was reported  that District 1 City Councilor Louie Sanchez has  filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash.  The complaint , known as a LEA-90, comes in the light of Medina’s admission to APD Internal Affairs that he intentionally and purposefully did not activate his body-worn camera when involved in police action.

USE OF LAPEL CAMERAS BY ALL LAW ENFORCEMENT MANDATED BY STATE LAW

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

“A.  A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

1. Requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;
2. Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
3. Requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and
4. Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies …

B.  Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

COMMENTARY ANALYSIS

Once Todd Perchert and his wife filed their civil complaint and once the complaint is personally served with a copy given to the city and Medina, the City has 30 days in which to file an Answer along with any defenses it may have as to liability and perhaps any counterclaims if any.

New Mexico is a “comparative negligence state” meaning when an accident occurs such as this, the fault and/or extent of negligence of each party involved must be determined and compared.  Total damages are calculated and then the damages are divided accordingly and awarded based upon the respective negligence of each party.   The city may attempt to argue that Todd Perchert was somehow contributorily negligent and that somehow, he could have avoided the car crash in order to reduce the city’s financial exposure.

After the city files its Answer to the complaint, a period known as “discovery” will be undertaken. Both sides to the case will be able to exchange interrogatories, which are questions that must be answered under oath, be allowed take depositions of the parties and witnesses and exchange documents related to the case. Those documents exchanged will include any investigation reports and documents prepared by the city and disclosure of all medical records and bills for the treatment of Todd Perchert’s personal injuries. Both parties will be allowed to file motions relating to evidentiary matters and other matters the parties deem fit to deal with case development.

The Percherts will have the burden of proof and be required to articulate actual damages sustained for recovery. The Parcherts as plaintiffs are demanding a jury trial which was expected.  Under the New Mexico Tort claims act, the City has the duty and the legal obligation to fully defend Chief Medina and to provide him with legal counsel and a full defense. The city is a self-insured entity and is required to pay any and all attorney’s fees associated with the defense and pay judgements rendered against it and against APD Chief Medina for negligence found.

If the case proceeds to a jury trial, it’s very likely that a jury will render a significant judgment against the city and Chief Medina. Given all that has been reported in the media, including incriminating statements by Chief Medina, his admissions of liability and admissions against interests, as well as the videos of the car crash, the case will be extremely hard for the city to defend. Medina has caused the city and the citizens of Albuquerque major exposure to financial liability because of his actions, statements and willful failures to follow APD standard operating procedures.  Because his acts were “official” the city and taxpayers will be required under the New Mexico Tort claims act to defend and indemnify him for his liability.

Civil litigation can take years and there is always a risk to both sides associated with going to trial before a jury. Part of the litigation process is mediation where the parties select a mediator appointed by the court and met in an attempt to settle the case by mutual agreement of the parties without a trial. The city would be wise to seek mediation in the case as soon as practical in order to avoid prolong litigation and increased costs.