On April 9, Gov. Michelle Lujan Grisham issued an Executive Order declaring an emergency and sending 60 to 70 National Guard troops to aid the Albuquerque Police Department to help fight crime.  According to a news release, the training  of national guard troops to assist APD is already underway and under the supervision of the New Mexico Department of Homeland Security, Department of Public Safety, State Police and APD. The goal is  to free up APD Officers so they can focus more on fighting crime as the Governor declares an emergency in the state’s largest city.

CHIEF MEDINA’S LETTER TO GOVERNOR MAKING REQUEST

The sending of the National Guard to Albuquerque is a direct response to a March 31 letter to the Governor from APD Chief Harold Medina for the National Guard to fulfill “non-law enforcement duties” such as providing security at crime scene perimeters and transporting prisoners, among others. The emergency request from APD Chief Harold Medina cited rising violent juvenile crime and the fentanyl epidemic as issues that require immediate intervention.

In his March 31  letter to Governor Lujan Grisham, Chief Medina said he wanted to keep the momentum made by APD officers and expressed the need to have them on the streets, not driving prisoners to the Metropolitan Detention Center or providing security at city facilities and courthouses.

The guardsmen could also be used for helping with document filing and organization of APD cases for prosecutors, operating drones and distributing food, water and aid to “vulnerable populations.”

Medina wrote that deploying NMNG “in these roles would enable APD to reallocate resources more effectively, sustaining continuous enforcement and essential services 24 hours a day.”  Medina called the reinforcements “critical to improving public safety and the quality of life for Albuquerque residents.”

Medina said this in his March 31 letter to the governor:

“The community must see NMNG (New Mexico National Guard) members not as a military force but as trained professionals dedicated to supporting and protecting residents.”

The link to review the March 31 letter from Medina to the Governor is here:

Click to access 033125-ltr-from-medina-to-gmlg-re-national-guard-67f57cdb7dbc6.pdf

THE GOVERNOR’S EXECUTIVE ORDER

On April 9, Governor Lujan Grisham signed the Executive Order that directed up to $750,000 to be made available for the deployment of guardsmen “needed to provide military support to civil authorities as needed for this emergency.” Lujan Grisham said this in a news release announcing the order:

“The safety of New Mexicans is my top priority. … By deploying our National Guard to support APD with essential duties, we’re ensuring that trained police officers can focus on what they do best [which is] keeping our communities safe. This partnership represents our commitment to addressing the fentanyl crisis and juvenile crime with every resource at our disposal.”

The governor’s executive order left the timeline for the National Guards  presence open-ended but said they would arrive in mid-May and will address “ongoing public safety challenges in the city, particularly along the Central Avenue corridor and other specific areas.”

The governor’s office said  the National Guard will assist in the following areas:

• Scene security and traffic control at critical incidents
• Medical assistance and humanitarian efforts along Central Avenue
• Prisoner Transport Unit assistance
• Transit security enhancement
• Metro Court security support
• Aviation/Sunport security assistance
• Shield Unit case preparation support
• APD Drone Program operational assistance

The Governor’s  Executive Order comes after back-to-back operations along East Central to tackle crime, particularly fentanyl usage. APD had its own operation that started late last year. Currently, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the 2nd Judicial District Attorney’s Office have an ongoing operation known as “Operation Route 66” to tackle crime in the area. Both operations have been declared a success by all four agencies with hundreds of arrests being made.

Deputy Deanna Aragon, a Bernalillo County Sherriff’s Spokesperson said the agency appreciates the Governor’s actions and said this:

“[BCSO appreciates] the governor’s concern and her efforts to support public safety. We are already seeing measurable success through Operation Route 66, a coordinated effort that is producing real results. The numbers speak for themselves … We will continue doing the work that keeps our streets safer every day.”

Nancy Laflin, spokeswoman for the 2nd Judicial District Attorney’s Office, said Operation Route 66 had netted 400 arrests over seven weeks, recovering dozens of guns and stolen vehicles. Laflin said this:

“… [W]e appreciate any and all help from law enforcement as we continue to clean up the streets of Albuquerque.”

NOT THE FIRST TIME

This is not the first time Governor Lujan Grisham has declared an emergency over crime issues or dispatched reinforcements to Albuquerque’s streets. This  is the very first time she has deployed the National Guard. The efforts have had mixed results.

In September 2023, Lujan Grisham declared a public health emergency over gun violence, spurred by the fatal shooting of an 11-year-old boy. She ordered a firearm ban in public places in Bernalillo County, which was quickly challenged in court and blocked by a federal judge.

And in 2019, Lujan Grisham dispatched dozens of New Mexico State Police officers to Albuquerque for the Metro Surge Operation after University of New Mexico baseball player Jackson Weller was fatally shot in Nob Hill. That operation came under scrutiny when many of the prosecutions fell apart because the officers, who came from all over the state, didn’t show up to hearings.

PILOT PROJECT OF POLO SHIRTS AND NO GUNS

On April 8, Mayor Tim Keller and APD Chief Harold Medina held a  news conference to announce the deployment of the National Guard to Albuquerque.

During the April 8 news conference, Chief Medina said the initiative of sending the New Mexico National Guard (NMNG)  to the city is a pilot project that has been in the works for months after the NMNG offered help and one the department will measure to determine its success. Medina emphasized the National Guardsmen will  have the same authority and fulfill the same roles as police service aides, who often can be seen blocking traffic around crime scenes.

The National Guard’s main role will be to support Albuquerque police officers, so those officers can be out on the streets fighting crime. The National Guard will be responding to medical emergencies, de-escalating potentially volatile encounters, and handing out water and food to people dealing with homelessness. They’ll also be doing security at crime scenes and traffic control for accidents, transporting prisoners and helping TSA at the Sunport.  Basically, if it’s something that would tie up an APD officer from being out making arrests, that’s where the National Guard would step in. Medina said this:

“Our officers spend a lot of time on scenes that they don’t need to. We have officers parked guarding violent crime scenes for up to 6, 8, 12 hours. We have officers guarding fatal traffic accidents 6, 8, 12 hours. If I can start taking 6 hours off these on scene clears it’s gonna make a huge difference, and it’s going to start swaying and getting officers back in service, and getting resources back into the community at even a faster pace,”

According to Medina, the assistance from the National Guard will free up 20 to 30 officers for law enforcement and crime-fighting, he said, adding that some officers have to hold scene perimeters for several hours.

Chief Medina made assurances during the April 8 briefing that the National Guardsmen “[will] not have law enforcement authority” and “cannot take law enforcement action.” Medina said this:

“I just don’t want this to turn into, ‘Oh my God, the National Guard is here to save the city.’ No, the National Guard is here to help clear up officers.”

When asked if the situation constituted a true emergency, Medina said this:

“On a weekly basis, I look at all of the media’s stories. I hear ‘crime crisis.’ I hear ‘crime is out of control.’ So I would say that … there is a perception that there is an emergency in the community that is out there.”

During the April 8 news briefing Albuquerque Mayor Tim Keller said the guardsmen will be unarmed and wear polo shirts instead of uniforms and “will not be involved in community interaction or use military vehicles.” Keller said this:

“What we want to do is double down on what’s working … and what’s working is technology and civilians … freeing up officers to fight crime and keep those statistics going in this powerfully good direction. … A short-term way to help with that is by the National Guardsmen helping out. … We’re hoping [this pilot project] is going to be effective, but if it’s not, we will just send people home. … We invited these folks in to see if the program will help Albuquerque. If it is helpful, we may look at this in other areas.”

Mayor Keller said another bonus is the city doesn’t have to pay for the guardsmen, and it won’t impact APD’s budget.

Chief Medina and Mayor Keller could not give a timeline on how long the guardsmen would be needed. However  Medina said the hope is to get to 1,000 APD  officers which  currently has around 850 by the time the NMNG leaves.

THE ACLU RESPONSE

The ACLU of New Mexico was quick to  criticized the governor’s authorization to deploy National Guard personnel to Albuquerque calling it “a show of force, not a show of solutions.” Daniel Williams, policy advocate at the ACLU of New Mexico, issued the following statement:

“All of us deserve to be safe at home, at work, and in our community. We, like so many in Albuquerque, know that that’s not always the case in our city. However, Governor Lujan Grisham’s deployment of the National Guard to support Albuquerque police is a show of force, not a show of solutions. New Mexico already has one of the highest per capita rates of people killed by police in the nation. History has shown that military collaboration with local law enforcement often leads to increased civil rights violations, racial profiling, and criminalization of vulnerable populations, particularly those experiencing homelessness and poverty.”

“The governor’s past policy proposals too often have centered on efforts to criminalize and institutionalize unhoused New Mexicans, without a commensurate emphasis on solving the root causes of crime. New Mexicans should be confident that their governor is truly working to keep them safe, not doubling down on failed strategies that will fuel mass incarceration and multiply the harms our communities already endure. In a state so heavily impacted by police violence, the answer to safety cannot and will not be found in increased police presence, especially not through collaboration with the military.” 

“Our neighbors deserve an urgent outpouring of services and support by those trained and equipped to properly provide it. All of us will be safer when all of us are housed. All of us will be safer when all of us have access to good healthcare. All of us will be safer when all of us are economically secure. We join our partners and New Mexicans across the state in asking the governor and all of our leaders to double down on putting resources toward these meaningful solutions, rather than continuing to criminalize the most vulnerable among us.” 

REPUBLICAN REACTION

Republican State Senator Nicole Tobiassen, R-Albuquerque sharply criticized the deployment of the National Guard by the Governor and issued the following statement:

“Albuquerque’s crime crisis is a testament to the absolute failure of Mayor Keller and his progressive policies. It’s sad that his own police chief had to go over his head and seek state resources in order to try and keep up with the rampant violent crime, drug trafficking, juvenile crime, and gang activity that plagues our city. Mayor Keller and the progressive Democrats’ failed leadership have made our community into a literal war zone and we must change course before not even state resources can combat the chaos allowed in Albuquerque. This plea for help comes on the heels of a legislative session where Democrat lawmakers denied or killed every single substantive public safety proposal. Elections have consequences and city residents have seen enough. 

Links to quoted or relied upon news sources are here:

https://www.governor.state.nm.us/2025/04/08/governor-authorizes-national-guard-to-support-albuquerque-police-department/

https://www.abqjournal.com/news/article_d29478ca-ace6-47b2-a868-48f1e8ac190b.html#tncms-source=home-featured-7-block

https://www.kob.com/news/top-news/governor-authorizes-deployment-of-national-guard-to-support-apd/

https://www.krqe.com/news/albuquerque-metro/new-mexico-governor-authorizes-national-guard-deployment-to-albuquerque/

https://www.koat.com/article/albuquerque-crime-national-guard-police/64423121

FUNCTION AND PURPOSE OF NEW MEXICO NATIONAL GUARD

The New Mexico Army National Guard is a part-time state-based military component that serves a dual mission. Each Guard unit serves under the command of the governor to respond to natural disasters or other state emergencies. In addition, Guard units can be activated to defend the nation when needed.

The National Guard’s main mission is  to respond to domestic emergencies and combat missions. National Guard personnel are state officers exercising state authority. The national guard does not have authority to make any law enforcement arrests and essentially engages in military or marshal law functions when necessary to restore order. The New Mexico National Guard is the militia of the U.S. state of New Mexico. Comprising the New Mexico Army National Guard and the New Mexico Air National Guard, it is part of the National Guard of the United States, a reserve force under both state and federal jurisdiction.

https://nationalguard.com/new-mexico

https://en.wikipedia.org/wiki/New_Mexico_National_Guard

COMMENTARY AND ANALYSIS

NOT THE FUNCTION OF THE NATIONAL GUARD

Chief Medina made assurances during the April 8 briefing that the National Guardsmen “[will] not have law enforcement authority” and “cannot take law enforcement action.”  Chief Medina has no authority to dictate to the National Guard and its an affront to the purpose of the National Guard. Simply put, it is not the function of the New Mexico National Guard to become “police service aides” patrolling the streets of Albuquerque in polo shirts and out of uniform at the Governor’s whim and at Medina and Keller’s request.

The Governor is deploying 70 National Guard to free up 20 to 30 APD Officers.  The Governor’s Executive Order sets a dangerous precedent and it is an abuse of  National Guard Resources and some would say an abuse of power. The Governor should immediately withdraw her Executive Order and instead of dispatching the National Guard, she should deploy New Mexico State Police to the city as she has done in the past. The city needs law enforcement who can make arrests, not public safety aids.

MAYOR KELLER AND CHIEF MEDINA’S APD TRAIN WRECK. 

The National Guard assisting the  Albuquerque Police Department is in response to ongoing public safety challenges in the city, particularly along the Central Avenue corridor. What APD needs is an increase in law enforcement personnel to carry out its mission.

During the April 8 news conference on the Governor deploying the National Guard, both Mayor Keller and Chief Medina tried to emphasize that the deployment of the National Guard was temporary and an effort to assist APD to combat crime. Chief Medina said the hope is to have 1,000 APD officers, which currently has around 850 by the time the NMNG leaves. No one should bet on the deployment of the National Guard to help APD as being successful nor on APD having 1,000  police officers any time soon let alone when the National Guard leaves.

Seven years ago when Keller first ran for Mayor, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates and APD numbers:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Proclaiming violent crime was out of control, Keller said that he could get crime down and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at about 800 sworn officers.

APD has fallen off the cliff under Keller’s leadership over the last 7 years. Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as APD with the department still dangerously understaffed at about  800 cops despite seven years of increased budgets, salary increases, and lucrative bonus pay. Keller has literally thrown money at the problem, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges. Although the city recorded a19% drop in homicides last year, the city’s homicides spiked under Keller despite his policies. Following are the raw numbers of homicide from the 8 years since Keller became Mayor in 2017:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides
• 2023: 93 homicides
• 2024: 89 homicides

The truth is APD is very top heavy with mid to upper management.  According to sources within APD, the city has only about 250  sworn police officers out of the current 800  sworn who  actually are  patrolling the streets in three shifts 24 hours a day. Confidential source within APD have confirmed that many area commands often have as few as 3 sworn police patrolling entire area commands in 8 hours shifts, especially in high call volume area commands.

Rather than asking the Governor to send the National Guard to the City to patrol the streets of Albuquerque, Mayor  Keller and Chief  Medina should order all APD mid-management, including Lieutenants, Deputy Commanders, Commanders and Deputy Chiefs and order all detectives into uniform, and order them to get the hell out from behind their desks and mandate that they patrol streets of Albuquerque and make arrests at least 4 hours a day and assist with the very duties that they want the National Guard to perform. It’s called management of your limited personnel resources to deal with a crisis as opposed to Keller and Medina’s mismanagement.

On April 7, Albuquerque defense attorney Rudolph “Rudy” Chavez agreed to forgo a public hearing on allegations by the New Mexico Supreme Court Disciplinary Board alleging his involvement in the DWI bribery and extortion conspiracy case under investigation by federal authorities. Instead, Chavez accepted an “indefinite suspension” of his law license.

Chavez is the second lawyer to face disciplinary action by the  New  Mexico Supreme Court relating to the federal bribery of law enforcement cases alleging a scheme to dismiss DWI cases. Chaves has not been criminally charged in the federal case. Chavez agreed to his suspension from the practice of law without admitting any of the allegations made in the Complaint for Suspension filed by the NM Supreme Court  Disciplinary Counsel.

Chavez  served as an assistant county attorney from 1989 to 1993. He  started his own firm in 1993. He has practiced both criminal and civil law.

PETITION TO SUSPEND LICENSE

It was on March 6 that the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of Attorney Rudolph “Rudy” Chavez.

The Disciplinary Board alleged that Chavez worked with former Albuquerque Police Officer Honorio Alba, Jr. and paralegal Ricardo “Rick” Mendez to get an accused drunk driver’s cases dismissed with the payment of bribes to law enforcement. The petition filed by the State Bar Disciplinary Counsel alleges  that “upon information and belief” Rudolph “Rudy” Chavez is the party identified as a co-conspirator in both Ricardo “Rick”  Mendez’s and former APD Police Officer Honorio Alba Jr. federal plea agreements.

On February 7, Honorio Alba Jr. plead guilty to the federal charges of racketeering, bribery, extortion and conspiracy-related charges and faces up to 130 years  in prison. In his plea agreement  Alba admits that he worked “in concert” with Ricardo “Rick” Mendez, and attorney Thomas Clear and “another Albuquerque defense attorney” to ensure a man he arrested in April 2023 avoided criminal and administrative consequences related to his offense.

In the criminal information plead to by Alba, a DWI  suspect  identified as “Z.W.”said he knew nothing about any criminal conspiracy and said “Rudy Chavez did nothing to make me question his integrity.”   “Z.W.” said he was never told “anything that didn’t sit well with me.”  None the less, “Z.W.” said his attorney Rudy Chavez was able to get his DWI case dismissed the day of trial without explanation. Ricardo “Rick”  Mendez in his plea agreement also mentions the case of “Z.W.”

“ZW” was identified as Zachary Williams. The State Bar  Disciplinary Counsel petition states that Rudy Chavez represented client Zachary Williams in that case and noted that Alba was the arresting officer. Alba also stated that he “relied on attorney co-conspirators to handle any aspect of the scheme and the enterprise that required an attorney present in court or at administrative hearings” such as those conducted by the state Motor Vehicle Department, which oversees driver’s license privileges.

Honorio Alba Jr  conducted a DWI stop of Zachary Williams on a Sunday night in April 2023.  At that time of his arrest by Honorio Alba Jr., Zachary Williams already had two DWI convictions on his record. Because of the arrest he was facing a 3rd DWI offense, along with reckless driving, no proof of insurance, and possession of open container charges filed by Alba. Zachary Williams said that he paid Rudolph “Rudy” Chavez $8,000 to represent him, which he claimed was lower than other attorneys he spoke with.

Williams said that Chavez told him the price was that high because it was his third DWI.  Zachary Williams  said he was dressed in a suit in January 2024  to go to court for trial but was told by Chavez his case was dismissed the day of trial with no real explanation as to why. According to court documents, the decision to dismiss  was “in the interest of justice.”

Chavez took over a number of Clear’s cases after the feds raided Clear’s law office in January 2024. The two also worked on several cases together going back to June 2006.

The State Disciplinary Counsel essentially “connected the dots” from the plea agreements with the charges handled identifying the defendant and then identified Rudy Chavez  as the defense attorney involved with the DWI Enterprise. The petition filed by Chief Disciplinary Counsel Anne L. Taylor alleges in part:

“Given the length and nature of the enterprise and the allegations against Rudolph “Rudy” Chavez , as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by Rudolph “Rudy” Chavez will result in the substantial probability of harm, loss or damage to the public.”

CHAVEZ REPONSE TO PETITION SEEKING SUSPENSION

On March 17, attorney Rudy Chavez filed his response to the petition seeking his suspension from the practice of law. He denied any involvement in the decades-old criminal conspiracy where law enforcement officers took bribes to make sure suspects they arrested for DWI were never convicted.

In his written reply to the New Mexico Supreme Court, Chavez asserts there is no evidence of his involvement in the bribery scheme. Chavez argues the one drunk driving case the Disciplinary Counsel  used to conclude he was involved in the public corruption scandal has “zero features” of the scandal.  He said two of the key players who mentioned that case to federal investigators gave false statements.

Chavez points out in his written response to the Supreme Court that it does not add up with how the scheme operated. From confessions and pleas agreement filed in the federal case, the officer or attorney Thomas Clear III’s paralegal, Ricardo ‘Rick’ Mendez, would usually contact the defendant. But in his plea agreement, Mendez said in the specific case involving Chavez, attorneys Clear and Chavez still planned to pay the officer to let the driver off the hook. Alba confirmed that plan in his plea agreement.

Chavez wrote in his response “It is unreasonable and untrue to claim that payments were made” regarding an administrative hearing for the driver to keep his license because the driver never requested that hearing. In the scheme itself  that’s one of the first proceedings officers were paid not to attend. Chavez said he wasn’t even hired until weeks after that hearing would have taken place.

Chavez’s response states in particular “Upon information and belief, Mr. Clear has denied (Chavez’s) involvement in the subject matter related to the federal prosecution.” Both Chavez and Clear have operated their own law firms over many years , and there were times the attorneys collaborated on cases, court records show.

Chavez argued in his response “It’s curious why these false statements were included in their sworn pleas.” On payment, he said he billed the driver his usual rate of $350 an hour. Regarding the criminal case, the court record shows one delay, the trial. Chavez explained the driver got sick so the judge rescheduled the trial. It was moved more than a month later to January 17, 2024. That was a day before the public learned of this public corruption scandal. On that day, he said he received notice the Bernalillo County District Attorney’s Office dismissed the case. A list from the DA showed it’s one of hundreds the office had to dismiss after several police officers, were deemed no longer credible in court by the U.S. Attorney’s Office.

In one of Chavez’s final points to the court, he stated simply that neither he nor the driver ever paid off  attorney Thomas Clear, Ricardo Mendez, or Honoria Alba to miss any hearings. While Mendez’s plea agreement mentions Chavez’s case, that does not appear in Clear’s plea.

NEW MEXICO SUPREME COURT FIRST ISSUES TEMPORARY SUSPENSION OF CHAVEZ LAW LICENSE

On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of  Rudolph “Rudy” Chavez over allegations linking him to the  an ongoing  federal bribery and conspiracy case to dismiss DWI. The court set an April 7 hearing to listen to oral arguments on the petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from  the practice of law. On April 7, Rudolph “Rudy” Chavez agreed to forego the evidentiary hearing and accepted an “indefinite suspension” of his law license.

PLEA AGREEMENTS IN FEDERAL DWI ENTERPRISE

To date, more than 260 DWI cases have been dismissed by the Bernalillo County District Attorney’s Office  because they were filed by Albuquerque Police Officers, a Bernalillo County Sheriff Deputy and a New Mexico State police officers all implicated and under investigation as part of the FBI’s continuing investigation of the criminal DWI Enterprise scheme.

Eighteen law enforcement officers consisting of 14  APD Officers, 3 BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.

On February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas under  Plea and Disposition Agreements. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.

On February 12, former APD Officer Neill Elsman, was arraigned in U.S Magistrate Court and plead guilty as charged to 5  counts including accepting bribes, conspiracy and extortion. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave.

On February 25, 2025  BCSO  Deputy Jeff Hammerel, 39, resigned from the Bernalillo County Sheriff’s Office (BCSO) and quickly plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. Hammerel admits his role in the racketeering DWI Enterprise to dismiss cases for bribes to help criminal Defense Attorney Thomas Clear III to get DWI cases dismissed. Bernalillo County Sheriff John Allen announced that Hammerel had resigned before pleading guilty as charged.

The three APD officers and one BCSO Deputy plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face between 70 to 130 years in prison.

On January  24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy.

On February 12, DWI defense attorney Thomas Clear III, 67, was arraigned in U.S Magistrate Court and plead guilty as charged to bribery of APD officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. He admitted his  involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.

Clear plead guilty to 9 federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.

In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear  admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the  home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood.

On March 11, Clear was formally disbarred from the practice of law by the New Mexico Supreme Court. The US Attorney also filed a forfeiture action and seized a home used by Clear as his law office as part of the racketeering case.

Both Mendez and Clear faced  up to 130 years in prison and are awaiting sentencing.

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_fc350a4d-0e08-4cf7-8692-6d61d7bc752b.html

https://www.koat.com/article/albuquerque-attorney-suspended-police-dwi-scandal/64413511

https://www.krqe.com/news/investigations/albuquerque-lawyer-claims-false-statements-implicated-him-in-dwi-scheme/

https://www.koat.com/article/albuquerque-dwi-enterprise-second-attorney/64153072

https://www.abqjournal.com/news/article_5ccd5a90-0364-11f0-81e5-b7ac58ef1f01.html

COMMENTARY AND ANALYSIS

And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO)  and the New Mexico State Police.  Over a 3 month period, federal  charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both  plead guilty as charged. Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. One BCSO officer has been charged and plead guilty.  All defendants charged face from 70 to 130 years in prison. The New Mexico United States Attorney and the FBI  have said they are moving forward with even more charges and expect more to plead guilty.

APD’S BASTION OF “DIRTY AND CORRUPT COPS”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is  viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

NO PUBLIC OUTCRY

What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our largest  law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like the  Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada.

No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure for the last seven years. Mayor Keller for his part runs around with a smile on his face and a grin in his voice as he runs for a third term refusing to hold Chief Medina responsible for his mismanagement of APD. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm and not the exception.

CONCLUSION

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.  Until then, do not expect any public outrage by the public or elected officials.

NEWS ITEM: On Saturday April 5,  a “Hands Off!” rally was held at  Downtown Civic Plaza in Albuquerque with well over a 1,000 people in attendance. The rally was merely one of more than 1,000 held across the country in a mass mobilization “to demand a stop to the chaos and build an opposition movement against the looting of our country” organizers said. Similar rallies took place at the Roundhouse in Santa Fe and in Las Cruces and in major cities coast to coast all over the United States. People all over the country protested in mass in unity against President Donald Trump and  Elon Musk, the world’s riches man. They protested against the Trump mass layoffs, judicial overreach, immigration crackdowns and mass deportations, foreign wars, cuts to social security, cuts to Medicare and Medicaid, the dismantling of the federal government, the tariffs imposed on all countries including America’s closest allies and the chaos and disruption Trump has brought since being sworn in for a second term.

https://www.nbcnews.com/news/us-news/global-hands-off-protests-donald-trump-elon-musk-rcna199847

https://abcnews.go.com/Politics/huge-crowds-gather-hands-off-rallies-nationwide-protest/story?id=120523176

https://www.cnn.com/2025/04/06/us/video/anti-donald-trump-elon-musk-hands-off-protest-digvid

https://www.abqjournal.com/news/article_2144aa8f-6e14-4704-beba-1fffbf4d05be.html

JAEMES SHANLEY GUEST OPINION COLUMN

Following is a guest opinion column written by Jaemes Shanley. Mr. Shanley gave consent to publish his guest column on www.PeteDinelli.com and he was not compensated for it. The column captures much of the sure essence of what the “Hands Off” protests were all about and what caused the movement. Mr. Shanley’s biography can be found in the postscript to his article and it reflects a person who has  worked a lifetime in the private sector in sales and marketing for various corporations in the United States, Australia, and Japan and whose work required extensive travel throughout Asia Pacific and Latin America routinely in more than 30 countries.

EDITOR’S DISCALIMER: The opinions expressed by Mr. Shanley are not necessarily those held by www.PeteDinelli.com. The guest column is being published as a public service announcement.

HEADLINE: THE AUDACITY OF CONTEMPT

BY JAEMES SHANLEY

When your head is exploding it’s hard to think straight…

We are still in only the 12th week of the Trump regime, what used to be government of the people, by the people, for the people.  The affronts are so many and so diverse as to cascade with each day’s news cycle onto our consciousness like fragments from the rapid unscheduled disassembly of a Space X Starship.  People, pundits, and Democratic Party leaders seem at a loss to know which piece to grasp. In our outrage, confusion, and anxiety we are failing to re-assemble those pieces into a coherent image of the missile that is headed straight for the heart of US preeminence and leadership of a democratically inclined world order.

155,247,302 votes were cast in the 2024 US Presidential election.  77,302,580 (49.8%) were cast for Trump/Vance.  77,944,722 (50.2%) were cast for other people, 48.3% for Harris/Walz.  That is a popular vote victory and, in this instance, a bigger electoral college victory.  It is not a “mandate” for the agenda now being executed, unless you feel contempt for at least half the country and ordained by such a narrow margin to apply every lever of power you can seize to impose on the United States its greatest national security vulnerability in more than 100 years.

CHINA’S ASCENDENCE

We have known for more than a decade that China’s ascendence has made its leaders more vocal in their resentment of US global “hegemony”.  We have heard the same from their junior partner in the axis of autocracy, Vladimir Putin. Xi Jinpeng has articulated an intention to make China the dominant world power before the middle of this century.  Moreover, instead of simply agitating his populace with sloganeering, Xi and the CCC have been acting on strategy to realize their objective.  From rare earths to batteries to EV’s to quantum computing to A.I., not to mention their military expansion and muscle-flexing (toward Taiwan especially), they are demonstrating daily their capacity to hold parity with or surpass the US.  We are naïve to believe constricting chip or other technologies will not spur them to innovate around the obstacles with their own R&D and breakthroughs.  Deep Seek and BYD’s recently announced EV battery and charging system that can deliver 400 miles of driving range in a 5-minute charge should, among other achievements, be snapping us to attention.

No living citizen of the United States has personal experience of a time when our country was not the world’s most influential power … economically, technologically, industrially, scientifically, culturally, and militarily … usually all of those at the same time. It has become such a “given” for most Americans that we forget this extraordinary state of affairs was realized by a nation with less than 5% of the world’s population living on 6% of the world’s land mass.

Though we have prevailed at the forefront through two world wars, the race to the moon, the cold war with Soviet era communism, and the first two phases of the digital technology revolution, we are confronted now by a rival of unprecedented potency.

Arithmetic is not an ideological pursuit.  There is very basic “math” defining the current US-China reality.

*gathered from online resources including CIA World Fact Book, Wikipedia, US Treasury Dept., CEIC Data, BCG, CSET and others

THE PACE OF CHANGE AND THE EXTERNAL DEBT

There are two points most salient:  The pace of change and the External Debt.  China’s military spending will inevitably eclipse the US and US External Debt will metastasize quickly to a debilitating economic cancer if the US loses its standing as holder of the world’s reserve currency.  It is worth recalling the former position of the British pound sterling and that Argentina was among the world’s wealthiest countries per capita prior to 1930.

Confronted by this challenge we have democratically elected a leader who is embarked on an agenda he and his enablers claim will Make America Great Again, as if looking backwards while at the wheel did not guarantee driving off a cliff.

Slip on the shoes of Xi Jinpeng to imagine a “wish list” of US government missteps and the tactical underpinnings that will propel China to sole world dominance:

1.     Disunify the US population

• Direct the frustrations and ire of Americans toward each other
• Make political division render having 1/4^th China’s population functionally equivalent to 1/8^th

2.        Undermine trust and confidence in the US as an alliance partner

• Insult, threaten, abandon or attack closest allies
• Act with more empathy toward Russia than toward NATO allies
• Dispatch the Secretary of Defense and Vice President to Europe to channel the spirits of
• Neville Chamberlain and Oswald Mosley in their debut performance for allies Bludgeon trading partners with a punitive tariff program

3.        Amplify global perception of the US as an aggressor nation

• Manufacture a new Manifest Destiny targeting allies (Canada, Greenland, Panama)
• Flatter dictators
• Manifest gross hypocrisy in contrasting stances on wars in Ukraine and Gaza

4.        Destroy or replace US programs of material assistance to third world countries

• Transform US image of life saving to life ending for the world’s most vulnerable
• Destroy the front-line force of US soft power (USAID) and watch China step in to take up the slack, starting with the earthquake in Myanmar.

5. Silence US global informational propaganda programs

•  Shut down Voice of America to clear the way for foreign state suppression of free speech

6. Exploit US global supply chain dependencies to harm the most vulnerable Americans and expand economic inequality

• Impose tariffs on essential consumer goods that trigger tariff reciprocity on essential exports

7.      Diminish foundational academic research to weaken US techno-commercial power

• Gut university graduate and institutional R&D grants
• Drastically and abruptly downsize US federal agency science & research functions Replace scientists with idealogues throughout federal government agencies

8. Exploit internal divisions and disinformation to distract US population from China’s dominance of critical future industries

• Support denial of climate science and impacts of warming
• Disorient and disrupt support for education, thus maintaining declining performance in STEM Obsessively attack and degrade the US societal diversity which undergirds its overperformance across myriad domains of human endeavor

Rewrite history by executive order to keep eyes on the past and off the future

9.      Undermine public confidence in qualified and experienced administrators and run government thru obsequious amateur political appointees lacking the competence and mature judgement to efficiently operate the country

• Under cover of a manufactured “deep state” conspiracy theory, drive independent specialists and experts out of key government agencies.
• Produce snafu’s and departmental dysfunctions that will make public more receptive to contracting of vast government functions to private companies of the “owner class” Undermine public confidence in federal support for disaster relief as climate change makes disasters more frequent
• Politicize the US military with ideologically driven firings and replacements at senior levels, gutting its core professionalism and ultimately its battlefield competence.

10.   Amplify Americans’ perception and acceptance of an oligarchic/ plutocratic drift in power concentration and government control

• Brazenly embrace and support purchase of elections (national and local; legislative and judicial) through campaign funding by members of the “billionaire class”
• Dispense (contemptuously) with any adherence to “conflict of interest” or “divestiture” conventions among elected or appointed officials.
• Fully pardon Jan. 6 insurrectionists while promising “severe consequences” for anyone vandalizing Tesla’s.
• Undermine voting rights and oversight to rig future elections

11.   Let “America First” produce “America Alone”

China is unquestionably our rival.  That does not make China our enemy.  The interests of both nations and the world at large are far better served by collaboration to overcome global challenges (climate, health, prosperity, environment, resources) than by confrontational hostility.  The commonality of interest is stitched together by the threads of intertwined economies.

As Trump’s tariffs cut those threads, the common interests and restraints will unravel.  Collaboration and peaceful coexistence will demand a degree of power parity which requires the U.S., given the basic math of our respective demographics and economics, to embrace, not alienate, our allies in order to check any rational temptation to use military vs. diplomatic means to resolve disagreements.  What should be intuitively obvious is inescapable common sense when, again, viewing “the math”.

* CIA World Fact Book

The leadership capable of guiding the forces of democracy and a benevolent world order is not that of a would-be emperor using his thumb in a gladiatorial arena.  It is, most essentially, a leadership grounded in respect, not contempt, for truth and facts.

GEORGE WASHINGTON V. DONALD TRUMP

Consider the irony that almost 250 years from our nation’s founding and first Presidency under George Washington, we are being led by a man who took such an opposite lesson from the apocryphal story of chopping down the cherry tree, so formative of the notion of truth-telling to my (and his) generation growing up. Most of us, even as children, could perceive essential virtue in the courage to speak honestly regardless of the consequences. For Donald Trump, perhaps on the advice of Roy Cohn, it was a lesson describing the path of “suckers” and “losers”.

Not that long ago it was considered an outrageous “mortal sin” for a President of the United States to lie to the American people. Since Trump’s first term in office, it is merely a routine updating of fact-checking stats. What too many of us, the audience and recipients of all this lying and disinformation, seem unwilling to acknowledge is that it is an expression toward all of us of total contempt.  We are deemed by those who purport to lead us as being so predictably susceptible to manipulative misinformation that we can be herded into acquiescence or dismissed as radical leftists.  Our information eco-system has become so fragmented, polarized, and pervasive that we occupy “bespoke realities” (as described in Renee DiResta’s Invisible Rulers), as dissociated from one another as separate planets.

WALTER CRONKITE OR STEVE BANNON

We have traded Walter Cronkite, Huntley Brinkley, Barbara Walters, and Roger Mudd for an ever-expanding information propagation complex operated by the likes of Joe Rogan, Alex Jones, Steve Bannon, and Tucker Carlson, while we resist acknowledging the latter group’s primary motivation is money, influence and power, not the ideological “virtue” they would have us swallow.  In their contemptuous worldview, the relegation of facts to a category of quaint irrelevance is a core tenet.  There is heartbreaking irony in the willingness with which millions of Americans have thus embraced a new paradigm of “free speech” that draws more on the mechanisms of Putin’s Russia (described in Peter Pomerantsev’s Nothing Is True and Everything Is Possible) than the intent of America’s founders.

SECOND IN COMMAND ELON MUSK

To hijack a nation, a Commander must have Captains. It speaks more volumes about Trump’s idolatry of dollars that he should choose as his de facto second in command the world’s richest man.  Again, the seeming contradictions between perceptions and behavior are confounding.

Is Elon Musk not the most visionary, innovative, courageous, and effective industrialist of our age?  That was Elon Musk: 1.0, the one whose brilliance and virtues realized the world’s first large scale Electric Vehicle manufacturing company in spite of short sellers and naysayers, who put his fortune on the line to lead a transformation of the possibilities and economics of space travel, who resigned in disgust from the first Trump administration’s advisory council of prominent business executives after Trump withdrew the US from the Paris Climate Accord, whose satellite internet service was made available to Ukraine without hesitation to secure its battlefield communications in the face of Russia’s invasion.

Today we are living under the chainsaw of Elon Musk: 2.0. Not all upgrades are improvements. This version is not driven by the visionary genius behind Tesla, Space X, and Starlink.  It is motored by the “darkness” his biographers describe.  We all have demons.  With Musk 2.0 we are witnessing the rebirth of technocratic ideology, masquerading in a MAGA hat, unleashed from the pinnacle of economic and industrial power.  This Musk, liberated extravagantly from the constraints of money, is nonetheless servant to his grievances, ancestry, and gnawing appetite for attention and influence.  Stunted as a human being by near absence of emotional intelligence, he acquires Twitter not as a financial transaction but as a platform he can control and algorithmically manipulate to maximize his personal acquisition of followers and validation.

Musk retains the cognitive intelligence to apprehend that the doctrine of contempt for truth will be far more conducive to sating his emotional needs than any form of honesty.  He recognizes in Donald Trump today, not a climate change denier, but a purchasable pathway to prominence and influence he could never otherwise achieve.  Thus do we have the spectacle of the world’s richest man taking on, as his first target for “Government Efficiency”, not the $1.7 trillion allocated to notoriously over budget and behind schedule Pentagon weapons system programs, for which he is unimpeachably qualified by his Space X innovations to address with positive effect (better systems, faster, and at lower cost), but the less than $70 billion annual budget of USAID, the tip of America’s soft power spear, directed at life-saving health and safety initiatives for the world’s poorest and most vulnerable.  Where will this rank in America’s hall of shame?  DOGE’s priority of targets and track record so far screams that it is faster, easier, and more fun to use a chainsaw than a scalpel and to hell with those who are unjustly hurt (national interest among them).

The portrait of the billionaire “tech bros”, gathered in their vassalization at Trump’s inauguration, will stand for posterity in stark contrast with John Trumball’s painting of our Founders in Declaration of Independence.   It is perhaps understandable that people, (coincidentally all men), who were able to achieve extraordinary wealth and influence because they built companies in a nation committed to free enterprise, should morph into moguls who decide they should be not only freed from fair taxation but should be elevated to greater power and influence as the Olympians of a new technocratic world order …  the same failed vision that produced fascism in the 1930’s.  The talents and predilections of wealth creation are not those required for democratic governance.  We don’t give enough credit and admiration to the likes of Bill Gates, Steve Jobs, Gordon Moore, Andy Grove and the long list of tech titans of yore who built companies and fortunes while changing the world, without feeling the need to control it.

NEED FOR BIPARTISAN GOVERNMENT 

If there was ever a time when national unity and functioning bipartisan government, girded by Constitutionally defined separation of powers and checks and balances, was needed it is now.  The relentless doubling down on this regime’s misguided bet of our future as a nation should, even at this early stage, clearly signal we are being unmoored not just from truth but from safety.

The situation is not improved when the other side (Democratic Party leaders and influencers) embraces a counter strategy of:

A). Defending the policies and positions that lost them the 2024 election.

B). Being unwilling to acknowledge their contribution to decades of decline in US economic and governance vitality as applied to the middle class, and

C). “Fighting” under each and every banner deemed convenient in the moment, be it “billionaires”, “oligarchy”, “fascism”, “working families” (suggesting billionaires don’t work), “reproductive rights”, “Elon Musk”, “due process”, “rule of law”, “LGBTQ rights”, “security breach”, or other marginal minutiae.

That is not to say those issues don’t matter, but they are not impacting every American and other issues are. The entire public is being held hostage to incessant partisan nitpicking over the malfeasance of the moment, like spectators at a ping pong match, while elected leaders fail to articulate a rational prioritizing of policy solutions to the existential threats to our nation and world, a credible alternative vision which can be persuasive amid this turbulence.  There are abundant blueprints available from which to build a compelling platform to pull the nation and the American people out of this morass; but the time to “get our act together” is running out.

Because the regime is just getting warmed up.

Their attention is directed at the free press.  From funding for public broadcasting, to excluding press access to the administration, to favoring the organs of the ideologically aligned or captured, we can expect every possible suppression to be exerted on truth and transparency, with the acquiescence or active assistance of social media platforms.

The rule of law as we have known it can no longer be taken for granted.  The judiciary, blue state governments, “non-aligned” law firms, universities, and opposition voices will be targeted and punished by any means the regime can manufacture.  Legal residents can be misapprehended and deported in acknowledged error before “due process” is even considered.

The mid-term elections cannot be taken for granted.  As its favorability ratings decline, efforts will be amplified and accelerated to secure the regime’s Project 2025 goal of entrenching an extreme MAGA Republican lock on power for an indefinite future, with or without the Constitution.

For those 77,944,722 Americans who did not vote for this debacle and the growing number with “buyers’ remorse”, the next 94 weeks (if we assume midterms occur) appear bleak.  Letters to our elected leaders, gatherings to protest, and especially sending donations in response to incessant solicitations from Democrats without a coherent platform, feel like pathetic hand gestures in the face of a tsunami.

The architects and functionaries of this Orwellian nightmare are counting on our sense of impotence.  They depend on our collective “shock and awe”, delivered “at muzzle velocity”, distracting us from recognition of the latent power of the “voting” each of us does daily.

Exit poll data indicates that the 50.2% of voters who did not want Trump/Vance punch above their weight economically and in their share of consumer spending.  Consumer spending is 70% of US GDP.  Perhaps it is time for us to stand up and be counted, not just figuratively but literally and daily. If the regime is willing to jeopardize with impunity our welfare and safety, individually and as a nation, then maybe we should reward their contempt for us with some applied shock therapy to the system they seek to subvert and own.  The votes we cast each day with our dollars will be counted.

WHAT WE CHOOSE MATTERS

We choose whether our dollars reward the businesses of would-be oligarchs.

We choose whether we want an unfettered free press or free shipping.

We choose to click (or not) on social media feeds that yield advertising revenue.

We choose to maintain active accounts on social media platforms controlled and manipulated by owners to amplify disinformation and distort attention rankings.

We choose to goose or gouge the economy with the amount, place and timing of our spending.

As we cower for cover from the fallout of the contempt directed toward us by our own elected leaders, we can be certain of one thing.  A house divided against itself will not stand.  No regime consumed by retribution and wanton indulgence of power at the expense of its citizens and friends can hope to stand strong in the face of a rival with the population and power of China.  No regime can make any nation “great” if it does not prioritize ensuring its own people are all fed, housed, healthy, educated, and safe.  We have a 250-year track record demonstrating the force multiplying effect of a constitutional democracy in meeting challenges set before it, but our high achievements have occurred only when the “United” part was in operation.

Absent a course correction, the United States and all it stands for and has been in the world for the past 100 years is headed for an ignominious fate, akin to her namesake ocean liner which once proudly sailed the Atlantic, still holds the record for crossing speed, and will soon be a sunken artificial reef off the coast of Florida.   At the age of 10, I sat on her aft deck with my parents and viewed the Statue of Liberty for the first time as we sailed out of New York headed for England, unaware I would not return for seven years.  That torch held aloft as a beacon to the world could hardly be fathomed in its symbolism by my pre-adolescent mind, yet I could feel its pull and potency.  It is not only to the rest of the world she is calling out “Give me your tired, your poor, your huddled masses yearning to breathe free.”

Will we gather our wits, reconvene under the umbrella of truth, facts, and common sense, and roll up our sleeves, individually and collectively, to refurbish our nation and ensure the metaphorical light from Lady Liberty guides us back to our goodness and illuminates the world?

______________________

BIOGRAPHY

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

On December 27, 2024 the U.S. Department of Housing and Urban Development (HUD) released its 2024 Annual Homelessness Assessment Report: Part 1: Point-in-Time Estimates.   Following are the key findings of the report:

NUMBER OF PEOPLE EXPERIENCING HOMELESSNESS

“The number of people experiencing homelessness on a single night in 2024 was the highest ever recorded. A total of 771,480 people, or about 23 of every 10,000 people in the United States,  experienced homelessness in an emergency shelter, safe haven, transitional housing program, or in unsheltered locations across the country.”

CONTRIBUTING FACTORS

“Several factors likely contributed to this historically high number. Our worsening national affordable housing crisis, rising inflation, stagnating wages among middle- and lower-income households, and the persisting effects of systemic racism have stretched homelessness services systems to their limits. Additional public health crises, natural disasters that displaced people from their homes, rising numbers of people immigrating to the U.S., and the end to homelessness prevention programs put in place during the COVID-19 pandemic, including the end of the expanded child tax credit, have exacerbated this already stressed system.”

RECORD LEVELS IN ALL POPULATIONS

“Nearly all populations reached record levels. Homelessness among people in families with children, individuals, individuals with chronic patterns of homelessness, people staying in unsheltered locations, people staying in sheltered locations, and unaccompanied youth all reached the highest recorded numbers in 2024.”

MORE CHILDREN FOUND HOMELESS

“People in families with children had the largest single year increase in homelessness. Between 2023 and 2024, 39% more people in families with children experienced homelessness. Overall, the number of people experiencing homelessness increased by 18%. Nearly 150,000 children experienced homelessness on a single night in 2024, reflecting a 33% percent increase ,or 32,618 more children, over 2023.  Between 2023 and 2024, children, defined as those  under the age of 18,  were the age group that experienced the largest increase in homelessness.”

NUMBER OF HOMELESS VETERANS DOWN

“Veterans were the only population to report continued declines in homelessness.  Between 2023 and 2024, the number of veterans experiencing homelessness declined by 8%, or 2,692 fewer veterans. The number of veterans experiencing homelessness has declined by 55% since data collection about veteran homelessness began in 2009. The declines in sheltered and unsheltered experiences of homelessness were similar, (56% and 54%). These declines are the result of targeted and sustained funding to reduce veteran homelessness.”

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

HUD ANALYSIS ON VETERANS

“Through targeted funding and interventions that utilize evidence-based practices, homelessness among veterans dropped to the lowest number on record. There was a nearly 8% decrease,  from 35,574 in 2023 to 32,882 in 2024,  in the number of veterans experiencing homelessness. Among unsheltered veterans, the number dropped nearly 11%,  rom 15,507 in 2023 to 13,851 in 2024. In 2024,  HUD  helped connect nearly 90,000 veteran households to stable, rental homes through the HUD-Veterans Affairs Supportive Housing (HUD-VASH) Program. The Department of Veterans Affairs announced that it has permanently housed 47,925 Veterans experiencing homelessness in FY2024  marking the largest number of veterans housed in a single year since FY 2019.”

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_24_327

HOMELESS BY AGE

About 1 in every 5 people experiencing homelessness on a single night in 2024 was age 55 or older. More than 104,000 people experiencing homelessness were between the ages of  55 to 64, and just over 42,150 people were over age 64. Nearly half of adults aged 55 or older, 46%, were experiencing unsheltered homelessness in places not meant for human habitation.

RACE AND ETHNICITY

People who identify as Black, African American, or African continue to be overrepresented among the population experiencing homelessness. People who identify as Black made up just 12% of the total U.S. population and 21% of the U.S. population living in poverty but were 32% of all people experiencing homelessness.

However, the share of people experiencing homelessness who identify as Black of any ethnicity decreased from 37% of all people experiencing homelessness in 2023. This change could partially be due to changes in the way race and ethnicity was reported this year and the inclusion of additional reporting categories. However, in recent years, many Communities of Care (CoCs) have engaged in additional technical assistance to correct bias in the allocation of housing and prevention resources. This decline could also reflect the effects of those and other local efforts to more fairly distribute resources

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

CHRONIC PATTERNS OF HOMELESSNESS

One in every 3 individuals experiencing homelessness reported having experienced chronic patterns of homelessness, or 152,585 people. This is the highest number of individuals experiencing chronic patterns of homelessness counted in the annual Point In Time survey. Individuals experiencing chronic patterns of homelessness have increased by 27% since data was first collected in 2007. A whopping 65%  of all individuals experiencing chronic patterns of homelessness, or more than 99,500 people, were counted in unsheltered locations. This is also the highest number recorded since data collection began.

Click to access 2024-AHAR-Part-1.pdf

NATIONAL INVENTORY OF BEDS

“The national inventory of beds for people currently experiencing homelessness increased by 13% between 2023 and 2024. This increase was driven by increases in emergency shelter beds, which increased by 18% between 2023 and 2024 and have doubled since 2007. Transitional housing, meanwhile, has steadily decreased over time, declining by 4% between 2023 and 2024 and by 60% since 2007. However, this reduction since 2007 does not necessarily mean that transitional housing beds were completely removed from the national inventory.

Often transitional housing programs realize they function more like emergency shelter and convert their project type to align better with the way they actually function. In other cases, transitional housing programs converted to permanent housing projects, including transition-in-place and rapid rehousing. Nearly 60% of the national inventory of beds is for people formerly experiencing homelessness.

Rapid rehousing (RRH), permanent supportive housing (PSH), and other permanent housing (OPH) programs make up 57%  of all beds reported in the housing inventory count (HIC) and people in these programs are not counted as experiencing homelessness in the PIT count data. Between 2023 and 2024 total inventory for these programs increased by 3%, with the largest increase among OPH programs, 14,735 more beds. This reflects significant investments into OPH through the Emergency Housing Voucher program. PSH makes up the largest share of all inventory for people formerly experiencing homelessness at 58%. While nationally the supply of PSH beds has more than doubled since 2007, there are still areas where the need for permanent housing has outpaced the supply.”

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

NEW MEXICO STATISTICS

Following are the statistics for the state of New Mexico gleaned from the HUD 2024 Annual Homelessness Assessment Report with the pages of the report identified:

The estimated NUMBER OF PEOPLE experiencing homelessness in New Mexico in 2024 was reported as 4,641. (page 8).

The PERCENTAGE of people experiencing homelessness in New Mexico who were  UNSHELTERED in 2024 was 48% (page8)

In New Mexico the number of People Experiencing Homelessness from 2023-2024 increased by 789  (page 9), an 11% to 25% increase.

The ESTIMATE OF THE NUMBER OF INDIVIDUALS experiencing homelessness in New Mexico in  2024 was reported as  3,744  or a 65% to 74% range  increase. (Page 20 of report)

Th percentages of the number of  individuals experiencing homelessness who were  UNSHELTERED in New Mexico in 2024 was 57% or a 31% to  50% range. (Page 21 of report)

The largest increase change in the Number of Individuals Experiencing Homelessness in New Mexico from 2023-2024 was 933 more than a 25% increase. (Page 21 of report)

The estimates of People in Families with Children Experiencing Homelessness  in New Mexico in 2024 was 887 or a 0% to 24% range. (Page 32 of report.)

The percentages of People in Families with Children Experiencing Homelessness Who Are Unsheltered in New Mexico in 2024 was 12% or a 5% to 15% range. (Page 32  of report)

The change in the Number of People in Families with Children Experiencing Homelessness  in New Mexico DECLINED by 144 from 2023 to 2024. (Page 32  of report).

The link to the  2024 Annual Homelessness Assessment Report: Part 1: Point-in-Time Estimates is here:

https://www.huduser.gov/portal/sites/default/files/pdf/2024-AHAR-Part-1.pdf

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_24_327

Links to relied upon or quoted news sources are here:

Click to access 2024-AHAR-Part-1.pdf

https://www.hud.gov/press/press_releases_media_advisories/HUD_No_24_327

https://www.usnews.com/news/health-news/articles/2024-12-30/the-number-of-homeless-people-in-the-u-s-has-increased

https://www.wxow.com/news/us-homelessness-up-18-as-affordable-housing-remains-out-of-reach-for-many-people/article_4f7105b3-d7c8-5e69-b5c4-2f8ec929579c.html

https://apnews.com/article/homelessness-population-count-2024-hud-migrants-2e0e2b4503b754612a1d0b3b73abf75f

ALBUQUERQUE’S “POINT IN TIME”  HOMELESS NUMBERS

On July 31, 2024 the New Mexico Coalition to End Homelessness released the 2024 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque. The  PIT count occurred on the night of January 29, 2024.  The link to review the entire 62-page 2024 PIT report is here:

https://www.nmceh.org/_files/ugd/2e9419_b4f165dd991a4b7aada59938d8488dbe.pdf

HOUSEHOLDS COUNTED IN ALBUQUERQUE

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

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

TOTAL HOUSEHOLDS: 2,248

PERSONS COUNTED IN ALBUQUERQUE

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

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

TOTAL PERSONS: 2,740

UNSHELTERED BREAKDOWN

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

• 960 (78%) were considered chronically homeless.
• 727 (22%) were not considered chronically homeless.
• 106 (8.6%) had served in the military.
• 927 (75.3%) had NOT served in the military.
• 669 (56.6%) were experiencing homelessness for the first time.
• 525 (42.6%) were NOT experiencing homelessness for the first time.

ALBQUERQUE UNSHELTERED COUNTS YEAR TO YEAR

The data breakdown for Albuquerque’s UNSHELTERED for the past 2 years is as follows:

• 2023:  977
• 2024: 1231

https://www.nmceh.org/_files/ugd/2e9419_b4f165dd991a4b7aada59938d8488dbe.pdf  (page 8 and 16)

ALBUQUERQUE UNSHELTERED ADULTS WITH DISABLING CONDITIONS

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

• Adults with serious mental condition: 44.4%
• Adults with substance abuse disorder:  40%
• Adults with with another disabling condition: 25.8%
• Adults with HIV/AIDS: 1.3%

Note that a combined whopping 84.4% of all unsheltered adults were reported as  suffering from serious mental illness or substance abuse disorder.

https://www.nmceh.org/_files/ugd/2e9419_b4f165dd991a4b7aada59938d8488dbe.pdf  (page 11)

THOSE WHO MOVED TO NEW MEXICO FROM ELSEWHERE

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

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

BARRIERS TO HOUSING LISTED

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

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

ENCAMPMENT CLEANUPS AND REMOVAL

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

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

ITEMS LOST AS A RESULT OF CITY CLEAN UPS

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

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

NEW MEXICO STATUTES AND CITY ORDINANCES

New Mexico Statutes and City Ordinances that have been enacted to protect the general public health, safety, and welfare and to protect the public’s peaceful use and enjoyment of property rights. All the laws cited have been on the books for decades and are applicable and are enforced against all citizens and not just the unhoused. The specific statutes are:

1. NMSA 1978, Section 30-14-1 (1995), defining criminal trespass on public and private property.
2. NMSA 1978, Section 30-14-4 (1969), defining wrongful use of property used for a public purpose and owned by the state, its subdivisions, and any religious, charitable, educational, or recreational association.
3. Albuquerque City Ordinance 12-2-3, defining criminal trespass on public and private property.
4. Albuquerque City Ordinance 8-2-7-13, prohibiting the placement of items on a sidewalk so as to restrict its free use by pedestrians.
5. Albuquerque City Ordinance 10-1-1-10, prohibiting being in a park at nighttime when it is closed to public use.
6. Albuquerque City Ordinance 12-2-7, prohibiting hindering persons passing along any street, sidewalk, or public way.
7. Albuquerque City Ordinance 5-8-6, prohibiting camping on open space lands and regional preserves.
8. Albuquerque City Ordinance 10-1-1-3, prohibiting the erection of structures in city parks.

All the above laws are classified as “non-violent crimes” and are misdemeanors.  The filing of criminal charges by law enforcement are discretionary when the crime occurs in their presence. The City of Albuquerque and the Albuquerque Police Department has agreed that only citations will be issued and no arrests will be made for violations of the 8 statutes and city ordinance as part of a court approved settlement in  a decades old federal civil rights lawsuit dealing with jail overcrowding.

US SUPREME COURT CASE GRANTS PASS V. JOHNSON

On June 28, the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws effectively criminalizing homelessness do not violate the U.S. Constitution and do not constitute cruel and unusual punishment.

The case challenged a municipality’s ability to bar people from sleeping or camping in public areas, such as sidewalks and parks. The case is strikingly similar in facts and circumstances and laws to the case filed against the City of Albuquerque over the closure of Coronado Park.

The case came from the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks. The homeless plaintiffs argued that Grants Pass, a town with just one 138-bed overnight shelter,  criminalized them for behavior they couldn’t avoid: sleeping outside when they have nowhere else to go.

Meanwhile, municipalities across the western United States argued that court rulings hampered their ability to quickly respond to public health and safety issues related to homeless encampments.  The U.S. 9th Circuit Court of Appeals, which has jurisdiction over the nine Western states, ruled in 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds.

The United States Supreme Court considered whether cities can enforce laws and take action against or punish the unhoused for sleeping outside in public spaces when shelter space is lacking. The case is the most significant case heard by the high court in decades on the rights of the unhoused and comes as a rising number of people in the United States are without a permanent place to live.

In a 6-3 decision along ideological lines, the Supreme Court  reversed a ruling by a San Francisco-based appeals court that found outdoor sleeping bans amount to “cruel and unusual punishment” under the United States Constitution. The majority found that the 8th Amendment prohibition against cruel and unusual punishment does not extend to bans on outdoor sleeping in public places such as parks and streets.  The Supreme Court ruled  that cities can enforce bans on homeless people sleeping outdoors, even in West Coast areas where shelter space is lacking.

CITY’S FINANCIAL COMMITMENT TO THE HOMELESS

Since becoming Mayor in 2017, Mayor Tim Keller has made the homeless the top priority perhaps only second to public safety. During the past 7 years of his tenure, the city has established two 24/7 homeless shelters, including purchasing the Loveless Gibson Medical Center for $15 million to convert it into a homeless shelter and he has spent upwards of $90 million to renovate it. The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one when once remodeling is completed fully operational  will assist upwards 1,000 homeless and accommodate at least 330 a night.

Originally, it was the city’s Family Community Services Department (FCS) Department that provided assistance to the homeless. In fiscal year 2021-2022, the department spent $35,145,851 on homeless initiatives. In 2022-2023 fiscal year the department spent $59,498,915 on homeless initiatives.

On June 23, 2022 Mayor Tim Keller announced that the city was adding $48 million to the FY23 budget to address housing and homelessness issues in Albuquerque.  Key appropriations included in the $48 million were as follows:

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

The link to the quoted source is here:

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

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

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

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

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

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

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

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

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

The Westside Emergency Housing Center was appropriated $1.5 million.

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

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

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

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

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

According to the City budgets for the years 2021 to 2024, the Keller administration has spent over $300 million in the last 4 years on homeless shelters, programs, and the city purchasing and remodeling motels for low-income housing. Keller insisted on buying the old Lovelace hospital on Gibson for his Gateway Homeless shelter and he has spent upwards of $90 million to remodel it because of asbestos removal.

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

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

BEHAVIORAL HEALTH REFORM PACKAGE 

During the 2025 New Mexico Legislature, the state enacted the Behavioral Health Reform Package consisting of 3 Senate Bills that make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. The following is a description of each of the enacted Senate Bills:

Senate Bill 1: This bill creates the Behavioral Health Trust Fund for the state of New Mexico to support mental health and substance abuse treatment, prevention, and intervention programs throughout the state. The behavioral health trust fund will be invested by the State Investment Council. The trust fund will distribute 5% of its annual value to fund the programs and support investments in necessary infrastructure, technology, and workforce development to facilitate the expansion of services. The fund could also help New Mexico unlock matching funds from federal, local, and private sources. One major change made  to Senate Bill 1 was  removing a $1 billion appropriation for the new proposed trust fund.  Money for the new fund will be provided in a separate budget bill during this year’s 60-day session.

Senate Bill 2: This bill allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care. The bill appropriates the funding to the New Mexico Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide. Senate Bill 2  was not part of the signing ceremony but never the less is part of the behavioral health reform package and  is part of general fund appropriations. It is assured passage in short order by the legislative leadership.

Senate Bill 3: This bill requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

The legislation was  signed by the Governor Lujan Grisham  on February 27 and it  will take effect June 20, 2025.

The 2025 legislature also enacted House Bill 4  which is the criminal competency legislation that is part of the Omnibus crime package . It gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial. The courts will now have more options when dealing with suspects who are deemed incompetent to stand trial  instead of simply releasing them back on the streets. Under House Bill 4, when a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous.

COMMENTARY AND ANALYSIS

The blunt reality is that Mayor Tim Keller, with all of his good intentions, 5 shelters and millions being spent on programs and services, is essentially proclaiming the unhoused to be “wards of the city” when such a responsibility should be undertaken by the state or federal governments. The city is assuming a financial burden that is not sustainable in the long run and it is becoming too big of a drain on city resources to the determent of essential, basic services.

The recent annual Point-In-Time homeless survey count found an 18% to 25% increase in the homeless with upwards of 3,000 chronic homeless in the city. It has been reported by those taking the survey itself that 75% refuse city services wanting to be left alone to continue living on the streets.  A whopping  combined total of  84.4% of all unsheltered adults were reported as  suffering from serious mental illness or substance abuse disorder. (44.4% adults with serious mental condition + 40% Adults with substance abuse disorder = 84.4%)

Despite Keller’s spending efforts to assist the unhoused, the city’s homeless numbers continue to spike and are out of control as the crisis worsens as the unhoused refuse services and as they take over our streets and parks. The $300 million spent to help 3,000 to 5,000 homeless with 75% refusing services would have gone a long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.

Mayor Keller has allowed the unhoused to proliferate city streets, parks and open space declining to aggressively enforce city and state vagrancy laws and make arrests as allowed by a United States Supreme Court ruling. Keller allowed Coronado Park to become the city’s de facto city sanction homeless encampment before he declared it to be the most dangerous place in the state forgetting it was he who sanctioned it and then he was forced to close it down because of out-of-control violent crime and illicit drug use.

Being unhoused is not a crime. Government, be it federal, state or local, have a moral obligation to help and assist the unhoused, especially those that are mentally ill or who are drug addicted. But that does not mean you make them “wards of the city”  to provide any and all assistance they want, how they want it and at their beckon call.

The unhoused are not above the law. They cannot be allowed to just ignore the law, illegally camp wherever they want for as long as they want and as they choose, when they totally reject any and all government housing or shelter assistance. The City has every right to enforce its laws on behalf of its citizens to preserve and protect the public health, safety and welfare of all its citizens.

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

Too many elected and government officials and organizations such as the American Civil Liberties Association of New Mexico, have no problem and see nothing wrong with  homeless adults simply living their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations. They could not careless the negative impact such conduct has on others and others property rights.

No municipality should ever be required to just simply ignore and to not enforce anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws designed to protect the general public’s health, safety and welfare of a community.

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

CIVIL MENTAL HEALTH COMMITMENTS VIABLE SOLUTION

The 2024 legislature enacted the Behavioral Health Package which will fund a half billion dollar trust fund to build behavioral health facilities an hire personnel in 3 regions. The county also has Behavioral Health Tax where facilities are also suppose to being built. The city was nuts to convert the old Lovelace hospital to a 24/7 shelter and should have kept it as a hospital and use the 200 patient rooms for civil mental health commitments.

The 2025 legislature also enacted House Bill 4  which is the criminal competency legislation that is part of the Omnibus Crime Package.  It expands the definition of “serious danger to self and others”  and District Attorneys can get people committed for longer periods of time and compel treatment. The Courts will be in charge and they are committed to getting the job done.

A whopping 84.4% of all unsheltered adults in Albuquerque are  reported as  suffering from serious mental illness or substance abuse disorder. This translates into  posing a serious threat to their own safety or the safety of others.  Rather than emphasizing temporary housing as Mayor Keller has done with his integrated shelter program, the city should take steps to implement a “civil mental health commitment” program to deal with the unhoused who are suffering from mental illness and drug addiction to get them the treatment and care they need and get them off the streets once and for all.

The links to a related articles are here:

Governor Michelle Lujan Grisham Signs Into Law The Behavioral Health Care Package And Omnibus Crime Package; Like Oliver Twist Asks For More; Changes To Children’s Code And Juvenile Justice System Stuck In Committee; Other Pending Legislation; More Must And Can Be Done To Address Crime

City Has Upwards Of 2,740 Unhoused, Balance Of State Has 1,907 Unhoused; Numbers Should Be Manageable But Only Getting Worse; Survey Includes Data On ABQ’s Efforts To Dismantle Encampments And Personal Belongings Of Unhoused; City Should Enforce Vagrancy Laws

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

On Thursday March 12, Mayor Tim Keller officially announced that he is running for a third 4 year consecutive term. He did so by issuing a press release and a video. You can view the one minute video here.

KELLER RUNS AGAINST TRUMP

On Sunday, March 24, Mayor Tim Keller spoke to upwards of  250 people seated in the gymnasium at the city’s Monzano Mesa Multigenerational Center located two blocks South East of Central and near Costco. The event was billed as “DEFEND ABQ, Standing Strong For Families”.

Attendees were asked to register for tickets even though the event was free of charge. The audience was decidedly an older crowd and based on familiarity with those attending, the audience was “progressive” Democrat. The audience included elected Democrat City Councilors and County Commissioners.

Mayor Keller was the only speaker. He spoke for one hour and 15  minutes using a slick slide presentation and took questions afterwards. Throughout his presentation, the audience repeatedly applauded enthusiastically with approval everything Keller told them.

The entire program was Mayor Tim Keller discussing and outlining in detail the impact Trump budget cuts and other actions taken by the Trump administration will have on the city.  Keller emphasized the need for steady and experienced leadership and said this:

“It’s real here. … It’s real in every city in America. That’s what is so terrible about this. … What they are doing is destroying every aspect of our community, including the business community. … These dangerous cuts are very real for every city in America and would have huge consequences for our families in Albuquerque. But this is not our first rodeo with Donald Trump, and we will keep fighting for our families and defend our city against anyone trying to tear us apart. … These potential cuts are, pure and simple, dangerous to our city. Regardless of our party or feelings about the White House, no one in Albuquerque is better off when kids go without child care, a crime lab is without officers, streets and neighborhoods are without trees, or seniors go without meals. …  Like during Trump’s first term and the COVID pandemic, I will use all the tools we have, create new ones, and work with local and state government partners to keep our city running. I will stand up for every resident as we prepare for what could be exceptionally tough times.”

Keller touched on topics ranging from budget cuts to immigration. Keller outlined Trump Administration major cuts that will affect the city services. The Trump cuts include federal affordable housing funding, cutting vouchers for the unhoused, and cutting funding for homeless shelters. Cuts to transportation include cutting federal funding for road improvements, bike lanes and trails, bus routes and for the city’s multimillion dollar “rail trail” development.

Keller noted that 39% of New Mexico families are enrolled in Medicare and the Trump Administration is talking about making cuts to the program. Keller noted that there are 44,000 New Mexicans who are employed by the Federal Government and how blanket layoffs are already occurring in the city and New Mexico.

Keller outlined how federal funding cuts will impact other areas including:

• PUBLIC SAFETY: The city could see an impact to a number of areas in law enforcement including drug enforcement, crime fighting technology and a decrease in the size of the police force with federal funding for 50 police officers cut. Keller asked “Can you imagine how detrimental that would be, especially given the challenges we’re having with crime?”
• HOUSING: Trump federal  funding cuts will affect projects like the “Uptown Connect” project which is a federally funded mixed-use development that will replace the  the Uptown Transit Center. Included in the development are almost 200 affordable housing units. Keller said this: “We will never see it if Trump keeps doing what he’s doing.”
• MINORITY BUSINESSES: Trump also issued an executive order laying out plans to eliminate government entities, including the Minority Business Development Agency.

One area Keller claimed the city is fighting back against Trump relates to “diversity, equality and inclusion” (DEI).  Keller said the city will continue promoting DEI as Trump tries to crackdown on DEI programs across the country. Keller pledged to continue with the city’s Office of Equity and Inclusion, the Office of Civil Rights, and the Office of Financial Empowerment, all 3 which Keller created, and continue with the city’s Climate Action Plan.

Keller pledge to protect immigrant rights and went so far as to say “We’re not going to work with ICE (Immigration and Customs Enforcement).”  He said the city plans to continue being a “sanctuary city,” which limits or denies cooperation with federal immigration authorities, prevents city resources from being used for immigration enforcement or for sharing information about an individual’s immigration status, unless legally required. Keller said “We are not going to change now.”

Keller is wrong when he says  the city is a “Sanctuary City” when in fact it is an “Immigrant Friendly” city as decreed  by a city council ordinance. It was in 2001, long before Keller became Mayor, that the city council declared the city to be an “Immigrant-Friendly City” by City Council ordinance with the ordinance originally sponsored by former Republican City Councilor Hess Yntema who represented the South East Heights area, including the International District.

A “Sanctuary City” requires local government to protect the undocumented from federal authorities and federal arrests. “Immigrant Friendly” cities on the other hand enact policies that are favorable to undocumented people to allow them city services like all other residents  and its local  law enforcement personnel do not make arrests for violations of federal immigration laws and only make arrests of undocumented people for violations of local ordinances and state laws. 

Keller said he wants the city council  to  enact a “Reproductive Bill of Rights” a “Renters Bill of Rights” and an “Environmental Bill of Rights”. Keller said the city also plans to continue committing to programs like Albuquerque Justice 40, a Biden-Harris Administration initiative to deliver 40% of overall benefits from certain federal investments to disadvantaged communities.

At the end of his presentation, Keller was asked to comment on the upcoming 2025 municipal election. Keller was very careful to say the event was not politcal and noted that the 5 “odd numbered” City Council positions will be on the ballot as well as the Mayor’s race saying the petition gathering period begins on April 19, 2025 for Mayor.

The link to the relied upon or quoted in part news source is here:

https://www.abqjournal.com/news/article_20332fa1-b15c-4808-976d-6a16cdd28498.html

https://www.cabq.gov/mayor/news/mayor-keller-defending-abq-against-federal-cuts

COMMENTARY AND ANALYSIS

Keller’s entire March 24 “DEFEND ABQ, Standing Strong For Families” program had the look and feel of an orchestrated re-election campaign event with Keller at the top of his game exhibiting his knowledge of city funding being cut by the Trump administration. The event could easily be described as his announcement and justification for another 4 year term. The only thing missing were 20 foot by 10 foot political banners saying “Re-Elect Tim Keller Mayor”. The event no doubt gave his opponents heart burn as it is proof of his base of support remains intact and that he has solidified his progressive Democrat party base with all that he said by campaigning against Trump.

On Sunday March  30, Mayor Tim Keller was introduced at the Bernalillo County Democrat Central Committee Convention as a candidate for Mayor with upwards or 250 in attendance with no other candidate for Mayor speaking. It must be noted that when Keller was introduced, the reaction was respectful but somewhat subdued with an extent of enthusiasm lacking. He spoke for 15 minutes and rather talking about his accomplishments as mayor he again attacked the policies of Trump and the need to oppose what Trump was doing on the national level.

It’s clear that Keller’s strategy for election to a third term is to ignore his opponents and critics and run against President Trump as Keller runs away from his own failed record as Mayor. During the March 12 and March 30 events, Keller more than once said he dealt with Trump during his first term as Mayor and knows how to deal with Trump policies.

KNOWN CANDIDATES RUNNING

There are 4 known candidates running against Mayor Tim Keller who have registered with the city clerk. Those candidates are:

1. Democrat Mayling Armijo is the executive director of a nonprofit business lending organization and former deputy county manager for Sandoval County. She proclaims she is not a politician and parrots the talking points of wanting to “focus on eliminating crime, revitalizing our economy, and creating a safer, stronger future for every resident” without offering any specific platform nor solutions which is a politician’s platform of no substance.
2. Republican Eddie Varela is a retired deputy fire chief with more than 30 years of public service. Varela has said that he did not vote for Donald Trump nor Kamala Harris, but he now believes Trump is doing a great job saying he supports Trump’s and Elon Musk’s efforts to reduce the size of government with the severe cutbacks.
3. Republican Patrick Sais is a is a small business owner, retired truck driver, school bus driver who ran unsuccessfully for state representative. Sais has no municipal government experience, yet wants to run an organization of over 5,000 employees.
4. Republican Darren White is the controversial former Bernalillo County Sheriff, former City Chief Public Safety Officer who “retired” from the city after he interfered with an APD investigation of his wife involved in an accident. White showed his hypocrisy following his law enforcement career when he started a medical cannabis business after decades of condemning the drug.

The link to the city’s clerks web page listing all candidates registered is here:

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1

Confidential sources have confirmed that at least three other candidates are exploring running for Mayor but have yet to announce. The three are:

1. Democrat first term, West side Albuquerque City Councilor Louie Sanchez who is a retired APD Officer and is now an insurance salesman. During his term as city councilor, Sanchez has been a consistent critic of Mayor Keller and has often voted with all 4 of the Republicans on City Council. Sanchez  has put up a website seeking $250 in “seed money” donations. Sanchez is up for election to city council and must giving up his council seat to run for Mayor.
2. Former New Mexico U.S. Attorney Alexander Uballez who was fired by President Trump on Valentines Day February 14. Uballez is among more than 20 other U.S. Attorneys who were asked to step down and who were appointed by President Joe Biden. Uballez singular biggest claim to fame is bringing federal charges against law enforcement and the ring leaders involved in the DWI bribery and conspiracy scandal to dismiss hundreds of DWI cases.
3. Daniel Chavez, President of Parking Company of New Mexico.

There is a good chance that one or perhaps two of the four announced candidates will not qualify for the ballot nor public financing. All four of the announced candidates running thus far against Keller are more interested in hyperbole and disruption. Former BCSO Sherriff Darren White is such a candidate who is more mouth than substance.

Eight full years of Tim Keller’s failed policies as Mayor has been more than enough, but those who are running against him will likely be even worse. They do not have the gravitas to be Mayor meaning understanding the seriousness of purpose of being Mayor, background, credentials and the importance of manner causing a feeling of respect and trust from others.

KELLER’S RECORD OF FAILURE

After 8 years as Mayor, Tim Keller wants another 4 years saying he wants to finish work and projects he has started such as the Rail Yards project and downtown revitalization. Mayor Tim Keller has been a major failure if not an outright disaster when it comes to city management, policy and addressing the city’s complex problems. His failure as Mayor is the likely reason there are at least 4 candidates running against him, but there needs to be more.

Thus far the candidates running against Keller state the obvious problems the city is facing such as crime is out of control and the homeless have taken over the city. They offer no real solutions. Keller did the exact same thing when he ran for mayor the first time seven years ago, but now he must run on his own record.

MAYOR KELLER AND CHIEF MEDINA’S APD TRAIN WRECK

Seven years ago when Keller first ran for Mayor, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Proclaiming violent crime was out of control, Keller said that he could get crime  down and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at about 800 sworn officers.

APD has fallen off the cliff under Keller’s leadership. Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as APD with the department still dangerously understaffed at about  800 cops despite seven years of increased budgets, salary increases, and lucrative bonus pay. The truth is APD is very top heavy with mid to upper management and  with  only about 350 officers actually patrolling the streets. Keller has literally thrown money at the problem, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges.  Although the city recorded a19% drop in homicides last year, the city’s homicides spiked under Keller despite his policies. Following are the raw numbers of homicide from the 8 years since Keller became Mayor in 2017:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides
• 2023: 93 homicides
• 2024: 89 homicide

(https://www.kob.com/news/top-news/albuquerque-police-investigated-89-homicide-cases-with-96-victims-in-2024/)

In 2019, Mayor Tim Keller reacting to the spiking crime rates announced 4 plans in 9 months to deal with and bring down the city’s high violent crime rates. Those APD programs were:

THE SHIELD UNIT

The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office.

DECLARING VIOLENT CRIME “PUBLIC HEALTH” ISSUE

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

“VIOLENCE INTERVENTION PLAN” (VIP Program)

On November 22, 2019  Mayor Tim Keller announced a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP). Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime.

METRO 15 OPERATION

On Tuesday, November 26, 2019.  Mayor Tim Keller announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. Keller dubbed the new program “Metro 15 Operation” and is part of the Violence Intervention Program (VIP) program.  According to Keller the new program was to  target the top 15 most violent offenders in Albuquerque.

Notwithstanding Keller’s 4 programs he announced, homicides continued to spike and the 4 programs have  had little to no effect on reducing the cities homicide rates.

MAJOR CITIES CHIEF’S VIOLENT CRIME SURVEY

On April 26, 2023, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque was ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic was Albuquerque’s increase in homicides.

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

The report shows in 2021, there were 106 homicides. In 2022, there were 115, an 8% increase. Other nearby cities like Phoenix saw a 13% increase in homicides. Meanwhile, to the north, the Denver Police Department reported an 8% decrease in homicides. Just four hours south, the city of El Paso saw a 28% decrease in homicides, one of the highest drops in the report.

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

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

APD RANKS NUMBER ONE IN POLICE KILLINGS OF CITIZENS

APD ranks number one in police killings of citizens in the top 50 largest cities in the country. On April 10, 2024 the on line news publication Searchlight New Mexico published a  story researched and written by its  staff reporter Josh Bowling. The Search Light New Mexico article contains a horizontal graph listing the 50 largest cities in the United States. According to the graph, among the 50 largest cities, Albuquerque Police killed people at the highest rate than all the other city police departments in 2023  at the rate of  10.6 per 1 Million population. It is worth comparing Albuquerque’s 10.6 kill rate to the largest cities in the surrounding border states of Texas, Colorado, Arizona and also including Oklahoma and Nevada:

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

The link to read the full, unedited Searchlight New Mexico article entitled “Can the Albuquerque Police Department ever be reformed?” with photos and graphs is here:

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

APD’S LARGEST BRIBERY AND CORRUPTION SCANDAL

Then there is the largest bribery and corruption case in APD’s history with 15 APD Officers implicated and 4 who have been federally charged and who have plead guilty to federal bribery and conspiracy charges involving the dismissal of hundreds of DWI cases for bribes. The District Attorney thus far has had to dismiss 260 DWI cases which were brought by APD Officers who accepted bribes and whose credibility became an issue.  The former APD officers face up to 130 years in prison. Both Keller and Chief Medina have failed to take any responsibility for what happened under their watch as they deflect and blame others. They both have blamed the Court’s, the DAs Office and the Public Defenders for the DWI dismissals.

CITIZEN SATISFACTION SURVEY REFLECTS VOTER DISATISFACTION WITH APD

Simply put, the general public has lost all faith in APD and Mayor Keller and Chief Medina bear much of the responsibility for that lost faith.

On April 16, 2024 the results of the annual City of Albuquerque Citizen Satisfaction Survey were released, and they are a poor reflection of Mayor Keller’s and Chief Medina’s leadership. The following are highlights of the survey:

A majority of city residents were found to be  concerned about the direction of Albuquerque. When asked how they feel about the direction Albuquerque is going in 2024, 31% of surveyed say they are hopeful about the direction of Albuquerque, while 63% report feeling concerned.

The Survey found that city residents are very critical of the job the Albuquerque Police Department is doing:

“The majority of city residents DISAGREE that APD is doing a good job addressing violent crime with 39% agreeing it is doing good job and 56% disagreeing they are doing a good job.

The majority of city residents DISAGREE that the APD is doing a good job addressing property crime  with 35% agreeing APD is  doing a good job and 60% disagreeing they are doing a good job.

A slight majority 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” with 39% agreeing APD is ready to transition away from federal oversight and 51% disagreeing APD is ready to transition away from federal oversight.

In addition to disagreeing with the positive APD statements, most city residents disagree that “The Albuquerque City Government is responsive to our community needs” with 35% agreeing that the Albuquerque City Government is responsive to community needs and 61% disagreeing Albuquerque City Government is responsive to community needs.

The link to review the entire unedited survey report is here:

https://www.cabq.gov/progress/documents/albuquerque-yearly-survey-2023.pdf

KELLER’S NETWORK OF HOMELESS SHELTERS NO REAL SOLUTION

Since becoming Mayor in 2017, Mayor Tim Keller has made the homeless the top priority perhaps only second to public safety. During the past 7 years of his tenure, the city has established two 24/7 homeless shelters, including purchasing the Loveless Gibson Medical Center for $15 million to convert it into a homeless shelter and he has spent upwards of $90 million to renovate it. The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one when once remodeling is completed fully operational  will assist upwards 1,000 homeless and accommodate at least 330 a night.

According to the City budgets for the years 2021 to 2024, the Keller administration has spent over $300 million in the last 4 years on homeless shelters, programs, and the city purchasing and remodeling motels for low-income housing. Keller insisted on buying the old Lovelace hospital on Gibson for his Gateway Homeless shelter and he has spent upwards of $90 million to remodel it because of asbestos removal.

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

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

The blunt reality is that Mayor Keller has essentially proclaimed the unhoused as “wards of the city” when such a responsibility should be undertaken by the state or federal government.

The recent annual Point-In-Time homeless survey count found an 18% increase in the homeless with upwards of 3,000 chronic homeless in the city. It was reported 75% refuse city services preferring to be left alone to continue living on the streets. Despite Keller’s spending efforts to assist the unhoused, the city’s homeless numbers continue to spike as the crisis worsens and as the unhoused refuse services and as they take over our streets and parks.

The $300 million spent to help 3,000 to 5,000 homeless with 75% refusing services would have gone a long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.

Keller has allowed the unhoused to proliferate city streets, parks and open space declining to aggressively enforce city and state vagrant laws and make arrests as allowed by a United States Supreme Court ruling. Keller allowed Coronado Park to become the city’s de facto city sanction homeless encampment before he declared it to be the most dangerous place in the state forgetting it was he who sanctioned it and then he was forced to close it down because of out-of-control violent crime and illicit drug use.

CIVIL MENTAL HEALTH COMMITMENTS VIABLE SOLUTION

During the 2025 New Mexico Legislature, the state enacted the Behavioral Health Reform Package consisting of 3 Senate Bills that make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. Hundreds of millions are dedicated to the programs. One bill requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

Upwards of 75% of the city’s unhoused self report that they are suffering from mental illness and drug addiction that pose a serious threat to their own safety or the safety of others. Rather than emphasizing temporary housing as Mayor  Keller has done with his integrated shelter program, the city should take steps to implement a “civil mental health commitment” program to deal with the  unhoused who are suffering from mental illness and drug addiction to get them the treatment and care they need and get them off the streets.

KELLER’S FAILED “ABQ HOUSING FORWARD PLAN”

Keller’s “ABQ Housing Forward Plan” to increase affordable housing was nothing more than a politcal rues relying on the city’s housing shortage where he boldly claimed the city has an immediate need for 30,000 new units. His original announced goal was for the city to have 5,000 additional affordable housing units to be added to the market by 2025 but he fell short by 3,000.

Keller pushed mandating “safe outdoor spaces” approved exclusively by the planning department for the unhoused in all 9 city council districts over objections of neighborhoods. Keller wanted to double or triple the city’s density by allowing casitas and duplex development in existing neighborhoods by eliminating the rights of appeal by objecting neighborhood associations and adjoining property owners.

Keller’s “Housing Forward Plan” makes gentrification an official city policy that caters to developers and the NAIOP crowd at the expense of neighborhoods and property rights. It will not increase affordable housing. It will allow developers and investors to destroy existing neighborhoods for the sake of making a development buck and increasing density in established neighborhoods and destroying their original character.

Keller also supports recent amendments to the city’s zoning laws known as the Integrated Development Ordinance (IDO). Those changes reduce or totally eliminate Neighborhood Associations and adjoining property owners’ rights of standing to appeal developments. In the limited instances where they can appeal a development and they lose the appeal, the changes require them to pay the attorney’s fees of the defending developer when before both sides would assume their own attorney fees and costs.

KELLER’S FAILURE TO HOLD CHIEF MEDINA ACCOUNTABLE

Keller has also refused to hold Chief Medina accountable for a vehicle crash where Medina negligently plowed into another driver putting the driver in the hospital in critical condition. Medina admitted to violating state law when he failed to have his body camera on during an incident that preceded the crash.

After the crash, Keller called Medina “arguably the most important person right now in these times in our city.” Medina’s appointed crash review board declared the crash as “non avoidable” even after Medina admitted to causing the crash. Medina was given a slap on the wrist with letters of reprimand. The City and Medina have been sued by the other driver and the case is still pending and will likely result in a significant judgement being paid for Medina’s negligent driving and his running of a red light.

It was in April, 2024  that APD Chief Harold Medina made it known to APD personnel that he intended to retire in December 2025. He did so at a time when the Albuquerque City Council was attempting to remove and terminate him  for cause.

On March 27, APD Chief Harold Medina was interviewed by KOB Reporter Giuli Frendak and he made it know for a third time he wants to continue being Chief if Mayor Keller is elected to another 4 year term. It is more likely than not that Medina saying he was going to retire in December 2025 was nothing more than a politcal ploy or politcal diversion tactic to take the pressure off to having him removed. He made the announcement of retirement plans  at the height of controversy and efforts by the city council to remove him. Now that things have died down tremendously, Medina is banking on  people forgetting what happened and forgetting all of his controversies and now he feels he might as well go forward and not retire.

Mayor Keller for his part has never said if he intends to ask Medina to step down nor retire should he win a third term. The truth is Keller and Medina are tied to the hip, Medina wants to stay and Medina will likely continue to be APD Chief if Keller is elected to a third term. Mayor Keller’s unwavering, totally blind loyalty to Chief Harold Medina is unquestioned and has been the subject of great speculation as to why he keeps Medina despite all the controversy that swirls around Chief  Medina.

Links to relied upon and quoted new sources

https://www.kob.com/news/top-news/apd-chief-harold-medina-uncertain-about-retiring-in-dec

MORE QUALIFIED CANDIDATES NEED TO BE RECRUITED TO  RUN

Voters can and must do better than Tim Keller and those running against him. The city will do better with a new Mayor but that will happen only if other more qualified candidates who can mount a successful campaign are recruited to run.

The business community, civic organizations, neighborhood associations and concerned citizens in general should go out of their way do what they can to recruit qualified candidates to run. Otherwise, we will have another 4 years of disastrous policies, either under Keller or one of the others now running, and we will only have ourselves to blame.

The exploration period for Mayor began on March 3, 2025 and ends on April 19, 2025. Hopefully, better qualified candidates will emerge. The 2025 municipal election is Tuesday, November 4, 2024.

__________________________________________

POSTSCRIPT

The links to the City Clerks web pages giving candidate information, candidate calendar, candidate training, candidate information forms  and qualifying periods are as follows:

https://www.cabq.gov/vote/election-information

https://www.cabq.gov/vote/election-information/voter-information

https://www.cabq.gov/vote/candidate-information/candidate-information

https://www.cabq.gov/vote/candidate-information/candidate-calendar-for-the-2025-regular-local-election

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

https://www.cabq.gov/vote/candidate-information/privately-financed-candidates

https://www.cabq.gov/vote/candidate-information/campaign-forms

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-

https://www.cabq.gov/vote/training-videos

https://www.cabq.gov/vote/information-for-measure-finance-committees

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1/

https://www.cabq.gov/clerk/ethics-1/board-of-ethics

On Friday, March 21, the day before the 2025  New Mexico Legislature session ended, Gov. Michelle Lujan Grisham signed into law House Bill 5 which creates  the new Office of the Child Advocate  within the state Department of Justice. The office will commence operation in July. The Director of the office will be appointed by the governor but will be subject to Senate confirmation.

Before signing the legislation into law, the Governor gave a blistering broadside  accusing lawmakers of “posturing and grandstanding”  in their handling of bills related to New Mexico’s  Children,  Youth and Families Department.  The governor worked with senators to make changes to the legislation after it had passed the House earlier this month without a single “no” vote.

Governor Lujan Grisham blasted lawmakers and Attorney General Raúl Torrez for pushing the bill in what she described as a political vendetta. The original draft of the l allowed the attorney general’s office power to bring civil litigation against CYFD employees who may be involved in misconduct. That provision was  taken out in order for the bill to pass.

In  her executive message to lawmakers, the Governor said this:

“Make no mistake about it, this bill was not designed to protect children. …  It was a thinly-disguised vendetta by a Legislature that is still upset at my continuing pursuits on meaningful criminal justice legislation in New Mexico and an attorney general who has failed to demonstrate that public safety is a priority in any meaningful way.”

Lujan Grisham’s message also made note of an earlier version of the law that would have allowed the Attorney General  “to engage in civil litigation against CYFD and its employees”. The Governor said this in part:

“I find it disturbing that the individual who refers to himself as ‘the chief legal counsel and advisor to the executive branch of state government including all executive department’ literally lobbied for authority to bring legal action against the very people he purports to be ‘counsel and advisor’ to and did not appreciate the obvious conflict of interest that would have created.

 …

 “I would also like to take a moment of personal privilege to say that I am deeply disturbed by the legislature’s gleeful condemnation of CYFD. These same legislators insulted social workers, foster families, and case managers. People that literally spend their days trying their best to do good work for our children to keep them safe and give them the supports they need. The irony that the same individuals that literally refuse to fully fund the agency to hire enough staff then criticize their vacancy rates and unmanageable workloads.

“Despite these issues, I have signed HB 5.”

In response, Lauren Rodriguez, the Department of Justice Chief of Staff for Attorney General Raul Torrez, issued a statement and said this:

“While we are encouraged by HB5 becoming law, we are deeply disappointed that the Governor chose to center the discussion around herself and her inner circle. The focus of this bill should have remained squarely on the children who suffer from neglect, abuse, and systemic failures. Nowhere in the Governor’s statement is there acknowledgment of their struggles or the urgent need for reform. I believe leadership means prioritizing the people we serve, not engaging in personal grievances.”

Attorney General Raul Torrez for his part said  he did not  know Lujan Grisham was going to write the letter, saying he and Lujan Grisham do not have “a necessarily strong relationship” right now.

House Speaker Javier Martínez, D-Albuquerque, said the CYFD oversight bill was not motivated by political reasons.

“It’s not good practice for us to tailor our policymaking to fit the vision or the view of any particular governor. … It is our job to pass good legislation.”

New Mexico Child First Network Executive Director Maralyn Beck said this about the Governor’s opposition:

“The governor has not been supportive of this office [new Office of the Child Advocate] and, for years, the reason this bill has died is because of her pushback. … She has openly and vocally opposed this office in the past few weeks.“

Lujan Grisham has staunchly opposed any and all efforts to increase outside oversight of  CYFD.   Instead, the Governor ordered  the creation of a new advisory council within CYFD. During this year’s 60-day session, the Governor urged lawmakers to pass a separate bill that would have created a nine-member child protection authority attached to the Regulation and Licensing Department, an agency run by a Lujan Grisham appointee. The bill went nowhere and languished in a Senate committee without a single vote.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/governor-sharply-criticizes-ag-torrez-and-lawmakers-over-cyfd-reform/64258831

https://sourcenm.com/2025/03/21/ag-excoriates-governor-over-message-on-house-bill-5/

https://www.abqjournal.com/news/article_53546ff5-5a33-45f7-959f-a32ae027db7a.html

YEARS OF SCRUTINY AND LITIGATION

CYFD has faced years of  scrutiny and litigation over  issues with child  placements, mental health care, and dangerous situations involving the care of children placed in its custody. New Mexico’s child welfare agency has struggled to reverse chronic staff shortages and the state’s rate of repeat child maltreatment increased last year to 15%. The number of children in state care also increased last year, despite a 2020 settlement agreement that established new targets such as not placing any children in state offices or hotels.

In the run-up to this year’s session, lawmakers expressed increasing frustration and anger about the direction of the agency after a string of recent child abuse cases. After oversight bills stalled in recent sessions, House Speaker Javier Martínez, D-Albuquerque, joined top House Republicans this year in calling for change at CYFD.

On January 29, 2025, it was reported that CYFD  is once again facing scrutiny after a court-appointed arbiter ruled that the agency had failed to meet the terms of a settlement agreement designed to improve the state’s foster care system. This ruling comes in response to a class action lawsuit filed on behalf of hundreds of foster children who, due to systemic failures, found themselves homeless or without proper care. (See Postscript below for more on class action lawsuit.)

New Mexico legislators have tried repeatedly to reform the department by increasing outside oversight of the agency. Governor Michelle Lujan Grisham for her part has opposed all past efforts to increase outside oversight.  Instead, she ordered the creation of a new advisory council and office of innovation within CYFD.

Sara Crecca, an Albuquerque attorney who has represented children in CYFD custody for more than 20 years, said she has never seen the agency in its current level of “disrepair.” Crecca  said she’s hopeful the bill will help children around the state if it’s signed into law. Crecca  said this:

“The office of the child advocate will empower them, their parents and their foster parents in their battle for basic care in our broken child welfare system.”

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_2a8a706e-0034-11f0-ae44-fbe74fb414fc.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_9171ff06-0127-11f0-8d55-03d545475618.html#tncms-source=home-featured-7-block

INDEPENDENT OFFICE OF THE CHILD ADVOCATE

House Bill 5 creates an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. As an impartial public official, the Child Advocate would receive and investigate complaints related to children’s services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.

The OCA will also  review CYFD’s policies and procedures, provide children and families with information about their rights, operate a toll-free hotline to receive complaints, and compile and report independent data, among other duties. The bill is sponsored by Rep. Michelle Paulene Abeyta (D-To’hajiilee), House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque).

The Child Advocate would be appointed for a six-year term by a selection committee composed of bipartisan representatives of the New Mexico House and Senate, the Governor’s office, the Attorney General, and the Supreme Court. Candidates would be selected based on their qualifications in law, psychology, social work, or family therapy. The Office of Child Advocate would be independent and autonomous, but would be administratively attached to the New Mexico Department of Justice. This would allow the Office of the Child Advocate to pursue all available remedies to protect the health and safety of New Mexico’s children.

On Friday March 14 , the New Mexico Senate voted to approve House Bill 5 on a  28-13 voted but only after adding an amendment offered by Sen. Katy Duhigg, D-Albuquerque, aimed at avoiding conflicts of interest as child well-being investigations are carried out. The amendment to the bill was added to avert a potential veto showdown with Gov. Michelle Lujan Grisham. House Bill 5 as amended was adopted by the House.

COMMENTARY AND ANALYSIS

It’s extremely disappointing that Governor Michelle Lujan Grisham would lash out like and admonish the legislature for doing its job in implementing an independent oversight agency of the Children, Youth and Family Department.

It was totally appropriate for the Governor to oppose Attorney General Raul Torrez efforts “to bring legal action against the very people he purports to be ‘counsel and advisor’ suggesting  accurately he did not appreciate the obvious conflict of interest that would have created.  Governor Lujan Grisham lobbied successfully for removal of the conflict and was able to secure changes to the bill which eliminated the AG. It should have satisfied her concerns. Instead, she chose to lash out in anger. Her broad side of the legislature was beneath the dignity of her office.

The Office of Child Advocate is designed to receive and investigate complaints related to children’s services at CYFD and state agencies, and to  at ensure their resolution, and to inform the public, legislature, and Governor about opportunities for improvement. Simply put, the Governor and her administration have been a complete failure during the last 7 years in dealing with crisis and crisis after crisis.  The legislature had enough and reacted appropriately.