APD Chief Harold Medina is calling upon the 2025 New Mexico legislature to create and assemble a new, separate task force that would be placed in charge of investigating all police officer-involved shootings statewide. The task force would be a third-party group with no connection to any law enforcement agency in New Mexico.

In 2024, there were13 APD officer-involved shootings which is down from the 18 that happened in 2022. In New Mexico statewide, it is estimated there are 50 officer-involved shootings a year.  In Albuquerque, whenever there is an APD Police Officer involved shooting, the shooting is investigated by a multi-agency task force. The current task force lets APD, despite having a police officer involved in the shooting, oversee the investigation with assistance from at least one other agency.

A recent APD Police Officer involved shooting had people asking more questions, even after department leaders laid out what they discovered led to it. That’s one of the reasons why APD Chief Harold Medina no longer wants his department officers’ investigating shootings by those within their own ranks.  Medina said this:

“There are individuals who won’t actually believe our investigation because they’ve heard this misinformation.”

Medina believes the task force would help build trust with people and law enforcement and is vital in ensuring transparency. The proposal for the creation of a separate task by the New Mexico legislature is part of what is known as the Metro Crime Initiative which is a listing of 50 major priorities that the city wants the 2025 Legislature to enact. The postscript to this article provides a related blog article entitled “Identifying Mayor Keller’s Failing Metro Crime Initiatives (MCI); After Over 3 Years, 5 Action Items Completed, 3 Partially Addressed; 42 Items Remain Of MCI’s 50 Legislative Agenda Priorities; 2025 NM Legislature Will Likely Refuse To Enact MCI Recommendations Ignoring Keller”

APD Police Chief Harold Medina said this about the creation of a separate task force:

“We have a great process in Albuquerque. And for me, taking the next step to make it even better is putting it into the hands of an independent entity. … It would really be able to reduce the caseload down to a level that doesn’t impact us as much. …  I think [a separate task force is] an important step forward for us to make sure the public has faith and trust in the processes,”

Medina said lawmakers and organizations are in support of the idea and he  said this:

“They’re very interested in it. … And I’ve actually even spoken to the ACLU about it. And the ACLU seems to support the concept.”

Medina says New Mexico State Police end up taking on a lot of policed officer involved investigations. Medina said this:

“I would suppose that it’s a huge burden, them having to go across the state and conduct these high profile investigations. … [ The new task force would free up APD resources]  I currently probably have about three to four at any time who are just doing officer involved shootings for the year. If I could clear those officers up to work on other types of criminal cases, I could start a new unit, a white collar unit.” 

Medina says he doesn’t know who would make up the task force, but he wants the state to do a study to identify the best way to move forward. But he has some ideas and said this:

“An in house prosecutor would be a vital part of this team. Somebody that could look and give advice on different aspects of the shooting. … By having this, it takes out that whole argument that cops are investigating cops.”

https://www.koat.com/article/apd-chief-looking-to-gain-support-for-new-statewide-task-force-koat-officer-involved-shootings-investigation/63187849

https://www.kob.com/new-mexico/apd-chief-wants-new-task-force-to-investigate-police-shootings/

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

On April 10, 2024  the on line news publication Searchlight New Mexico published a remarkable story researched and written by its  staff reporter Josh Bowling.  The article is entitled “Can the Albuquerque Police Department ever be reformed?”  The article goes into great detail explaining the Court Approved Settlement Agreement, what has been done to reform APD and the role of the Federal Monitor. The link to read the full, unedited Searchlight New Mexico article with photos and graphs is here:

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

The Search Light New Mexico article reported that in 2014, the Albuquerque Police Department killed 10.6 people per million residents,  more than any other sizable police department in the nation, according to data tracked by the national nonprofit Mapping Police Violence.

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

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

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

…

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

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

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

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

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

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

COMMENTARY AND ANALYSIS

For the past 10 years, APD has been operating under a Court Approved Settlement Agreement mandating 271 reforms after a Department of Justice (DOJ) investigation found that APD had engaged in a pattern of “excessive use of force” and “deadly force” and finding a “culture of aggression.”

Over the past 10 years, the city has spent millions on reform efforts, has created and staffed new divisions to hold APD officers accountable, rewrote use of force policies and procedures and trained APD officers in constitutional policing practices. The reform has been accomplished under the watchful eye of the federal court and an appointed Federal Independent Monitor.

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

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

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

During the June 4 status conference hearing on the Court Approved Settlement, Federal Judge James Browning asked how APD can be in compliance with the  DOJ settlement given that the level of police shootings is “at the same level as it was when you started this process. We are still having, I would say, troubling police shootings.”

DOJ attorneys responded saying police are being held accountable and with training and de-escalation skills, police officers are using constitutional policing practices handling lethal encounters.  A cynic would say if you are killed by APD while you commit a crime, at least APD followed constitutional policing practices.

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

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

MEDINA MORE CONCERNED  ABOUT DEDICATED RESOURCES TO INVESTIGATE NOT REDUCE POLICE SHOOTINGS

It should come as absolutely no surprise that APD Chief Harold Medina supports the 2025 New Mexico legislature creating an independent task force to investigate all police officer-involved shootings statewide. APD is ranked #1 in civilian killings out of the 50 largest city police departments in the country. The tragic reality is that APD alone could keep such a task force occupied all year long.  The task force would spare APD from dedicating resources and personnel to investigate their own department shootings.

Simply put, APD shootings of civilians is at unacceptable levels. Medina saying “an independent entity. …  would really be able to reduce the caseload down to a level that doesn’t impact us as much” is evidence that Chief Medina is more interested in the extent of APD personnel dedicated to investigating police shootings and not at all  interested in initiating reforms to  reduce APD officers killing civilians. Medina is more interested in saving personnel resources than saving lives by getting to the bottom of why there are so many APD Police Officer involved shootings.

Identifying Mayor Keller’s Failing Metro Crime Initiatives (MCI); After Over 3 Years, 5 Action Items Completed, 3 Partially Addressed; 42 Items Remain Of MCI’s 50 Legislative Agenda Priorities; 2025 NM Legislature Will Likely Refuse To Enact MCI Recommendations Ignoring Keller

On December 17, Mayor Tim Keller sat down with KOAT TV news reporter Alyssa Munoz to reflect on the past year and talk about changes if he is re-elected to a third 4-year term. It was in August that Keller said he would be seeking a third 4 year term.  Keller appeared relaxed, clean shaven, wearing a coat and tie with his hair combed. During the KOAT interview, Keller looked very much like a mayor which is in sharp contrast to his usual physical appearance of a full or partial beard, wearing casual attire such as a polo shirt with the city emblem on it  and at times wearing cargo shorts and flip flops.

The KOAT interview was wide ranging. Keller proclaimed 2024 was a pivotal year for the city as far as his accomplishments.  Keller pointed to as accomplishments the opening of components of his Gateway homeless shelter system, APD essentially coming into to compliance with the Court Approved Settlement Agreement (CASA), APD increasing police staffing and increasing the availability city low income housing. The interview included the city’s dealing with  the closure of businesses along central and Nob Hill, the effectiveness of the Albuquerque Community Safety Department and various controversies with the Albuquerque City Council including over APD’s social media policy.

At one point the interview turned to APD Chief Harold Medina. Following is the relevant portion of the Keller interview:

KOAT TV REPORTER ALYSSA MUNOZ:

“Chief Medina has said he is going to retire in December of 2025, but he’s recently said that he might want to stick around for another term. Now, if you’re reelected, will Medina be your police chief?”

MAYOR KELLER:

“Well, the city is going to have a new police chief the next few years, no matter what. That’s for sure. I think he’s talking about a matter of months and things like that and how you would do a transition. I do think it’s important to say that, look, he’s committed to our department and so he’s going to do what the department needs that might be, you know, a little early or a little later. It’s ultimately up to myself or if there’s another mayor. I think that’s the way it has been sort of planned out. It’s just no one’s hanging their hat on a specific month anymore.”

KOAT TV REPORTER ALYSSA MUNOZ:

If you are given another term, will you keep him as your police chief?

MAYOR KELLER:

I’ll be looking for a new police chief, with another term, for sure.

Keller did not specify in his KOAT interview when the search will begin nor a timeline for when he would appoint a new chief.

You can read the entire transcript of the KOAT interview here:

https://www.koat.com/article/albuquerque-mayor-reflects-on-the-past-year-during-interview/63207902

Keller’s statements to KOAT TV about replacing APD Chief Harold Medina came a mere 2 weeks after Medina told the Journal he was not planning to retire in December 2025 as he had been previously indicated. Chief Medina and Mayor were together at the Journal when Medina made the statement that he was having second thoughts about retiring.  A week before Medina’s remarks, Keller told the Journal that the chief was likely to retire in December 2025 since Medina is eligible for retirement. Medina was not present for that interview.

During Keller’s and Medina’s visit to the Journal, the police chief said he wanted to mentor someone to take over the department. Medina  specifically said Deputy Chief Cecily Barker could take over as APD Chief. Medina has been police chief since 2020, becoming Chief  after Keller force APD Chief  Mike Geier to resign.

Staci Drangmeister, a spokesperson for Mayor Keller, said this in a statement to the Journal:

“We’re not putting the cart before the horse. … [Chief Medina] is committed to seeing us get to the finish line on APD reforms and setting up the department to continue the progress we’ve made fighting crime.”

Drangmeister added that Keller and Medina are “on the same page.”

https://www.abqjournal.com/news/article_24dde6ae-bcba-11ef-98e7-cb4ad2a42940.html#tncms-source=home-featured-7-block

A YEAR OF APD SCANDAL AND MEDINA PERSONAL CONTROVERSY

2024 was a year that saw an APD corruption scandal and Chief Medina violating standard operating procedures and being given preferential treatment by APD and Mayor Keller.

APD  is  under an ongoing investigation by the FBI for alleged corruption related to APD officers’ dismissing DWIs for briberies. Bernalillo County District Attorney Sam Bregman ordered the dismissal of 196 DWI cases because of the scandal and due to APD officers credibility being called into question. The DWI bribery scandal to dismiss DWI cases is the largest corruption case in APD’s history. Thus far, a total of 9 APD Police officers, including an APD Internal Affairs Commander and an APD Lieutenant have been implicated in the scandal.  Seven APD officers have resigned during the Internal Affairs investigation. One is on paid leave and one has been terminated. Before becoming APD Chief, Medina was the Deputy Chief in Charge of APD field services overseeing the DWI unit and it was Medina who assigned police officers to the DWI unit. At least one of the officers implicated in the scandal has accused Chief Medina of being fully aware of what was going on. Medina admitted that he knew about the corruption as far back as December 2022 when APD was first given a complaint relating to the department’s DWI unit yet Medina waited and essentially did nothing for a full year.

In February, Medina crashed a department truck into a vintage Mustang while fleeing gunfire near the International District and placing a man in critical condition.   On February 20, Chief Medina did  a “special edition” of his Chief’s Corner to discuss the February 17 car crash with APD personnel. Medina said this in part:

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

Medina admitted he was the one responsible for the crash. He admitted he ran a red light and that he did not have the right of way, yet he said he “was the victim of this traffic accident.”  Medina also admitted as before he did not have his body camera on at the time of the crash. In April, the APD crash review board declared the car crash was “none avoidable”. Surveillance video proved Medina made false statements that the intersection he drove into was clear of oncoming traffic when it was not as he drove at a high rate of speed through 3 lanes of traffic and crashed into another vehicle totaling both vehicles.  Medina was given letters of reprimand by the Internal Affairs Division, which he assigns personnel, for his handling of the crash, for not turning on his lapel camera and violating APD policies and procedures.

In 2024, there were 3 attempts by the Albuquerque City Council calling for a “vote of no confidence” in Chief Medina and calling for his termination. The most serious attempt was on February 14 when Westside City Councilor Louie Sanchez announced the introduction of a Resolution entitled “Removing Police Chief Harold Medina For Failure To Lead The Albuquerque Police Department”.  The Resolution identifies numerous and specific instances of mismanagement of APD by Chief Harold Medina.

On July 18, the city announced the results of internal affairs investigation and disciplinary review of APD Chief Harold Medina for the February 17 car crash. Chief Medina was issued  two “letters of reprimand” by Superintendent of Police Reform Eric Garcia.  Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by state law.  The letters of reprimand were placed in Medina’s personnel file and no other disciplinary action was taken.

On August 26, 2024 it was announced that District 1 City Councilor Louie Sanchez  filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash. The request for investigation was submitted to the Department of Public Safety, Law Enforcement Academy, and the investigation will be conducted by the LEA Board of Directors. The investigation is still pending.

On August 26, Todd Perchert, the victim of the February 17 car crash caused APD Police Chief Harold Medina, filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the  City of Albuquerque and APD Chief Harold Medina. The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, is also suing. With all of the public admissions of liability and admissions against interest made by Chief Medina, it is likely that the case will result in an astonishing large judgement or settlement paid to Todd Perchert  and his wife by the City because of Chief Medina’s actions.

RECALLING HOW AND WHEN MEDINA BECAME CHIEF

Harold Medina is the second Chief of Police appointed by Mayor Keller. Former APD Chief Michael Geier was appointed Chief of Police by Mayor Keller in 2017 within one month after Keller was elected Mayor. It was Chief Geier who recruited Medina to return to APD as a Deputy Chief of Field Services. Former APD Chief Geier was forced to retire on September 10, 2020, some would say terminated, by Mayor Tim Keller and replaced him with APD Chief Harold Medina.   A few days after Geier “retired” it was revealed that Geier was indeed forced out by Mayor Tim Keller.  Chief Geier was summoned to a city park by Mayor Tim Keller during the Labor Day Holiday weekend where Geier was told that his services were no longer needed. It was also revealed then First Deputy Chief Harold Medina helped orchestrate Geier’s removal. He did so with the help of then CAO Sarita Nair.  Medina became insubordinate to Geier and learning Geier was going to take disciplinary action against him and demote and transfer him, Medina struck back and orchestrated Geier’s removal.

COMMENTARY AND ANALYSIS

Mayor Tim Keller and Chief Harold Medina have been “tied to the hip”  throughout all controversies involving APD and Chief Medina.  This was especially true during 2024.

It’s  painfully obvious from the KOAT report Keller’s support of Medina is now wanning simply because Keller is running for a third 4 year term.  Keller no doubt realizes Chief Medina is a major liability to him and that Medina will  be an albatross around Keller’s neck as he seeks a third term. The problem for Keller is that Medina will still be around during the 2025 campaign for Mayor.  The fact that Medina wants to mentor someone to take over the department should sound the alarm to the public that things will not change with another Keller appointment and Keller could appoint a Medina clone. APD Chief Harold Medina will be a major issue and a liability for Keller in the 2025 Mayor’s race because of all the scandal and corruption involving APD and Medina himself.

Keller cannot run away from the extraordinary lengths he has gone to defend Medina as he showed blind loyalty to Medina to the point of heaping questionable praises upon Medina. On February 17 during a news conference after the crash Medina caused, Mayor Tim Keller reacted by heaping highly questionable claims and praises on Chief Medina and he said in part:

“This is actually [Chief Medina] … disrupting an altercation, a shooting, trying to do what’s right. [His actions were] above and beyond what you expect from a chief, and I’m grateful for Harold Medina. … [Chief Medina is] arguably the most important person right now in these times in our city.”

Complicating matters for Keller is his extremely low approval ratings. A year ago on November 3, 2023, the Albuquerque Journal released a poll on Mayor Keller’s job performance. It reflected that 40% DISAPPROVE  of Kellers performance as Mayor while  33% said they APPROVED .  On October 3, 2024, New Mexico Politics with Joe Monahan reported in part as follows:

“Our exclusive sources reveal that Keller’s popularity remains deep under water. They report that recent polling in ABQ legislative districts included a question on Keller and shows his approval rating ranging from the low 30’s with a high point of about 48 percent in one of the districts.  Dissatisfaction with crime and homelessness in the city is widespread but how deep it goes is an open question.”

https://joemonahansnewmexico.blogspot.com/2024/10/keller-numbers-remain-under-water-as-he.html

The local election guide and calendar of deadlines for the 2025 municipal election will be available January 1, 2025.  Soon after January 1, 2025 you can expect announcements for Mayor in that nominating petitions and public financing qualifying donations will be made available for a qualifying period of time.

The link to a previous related blog article is here:

APD Chief Medina Has Second Thoughts About Retiring At End Of 2025; Medina Will Be Major Obstacle To Mayor Keller’s Bid For Third Term As Will Keller’s Low Approval Ratings

Over 3 years ago on  September 23, 2021, Mayor Tim Keller and his Administration concluded a series of meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system. A total of 5 meetings were conducted over 2 months. The participants included the Governor’s office, the Attorney General’s office, the District Attorney’s office, the Chief Public Defender’s office, Senate and House members, the Albuquerque City Council, the Bernalillo County Commission, the Bernalillo County Sheriff, the Albuquerque Police Department, the New Mexico State Police and the Metro and District Courts and many others.

The program consisted of 5 sessions, each lasting upwards of two hours. Panel discussions with law enforcement, court officials, prosecutors, defense attorneys, and representatives from higher education addressed opportunities for early intervention, detention, diversion and hearings, resources for victims’ advocates and offender reentry, and career pipelines. The conference was dubbed the “Metro Crime Initiative” (MCI) and created legislative priorities and action items for the criminal justice system to be presented to the New Mexico legislature.

MCI MAJOR CATEGORIES AND PRIORITY ACTION ITEMS

On December 11, 2024 Mayor Tim Keller distributed to the general public a flyer with a complete listing of 50 specific action items identified by the MCI. There are 5 major categories and priority action items outlined in the 2025 Metro Crime Initiative with a total of 50 action items to be accomplished with the New Mexico legislature. The flyer is identified as Metro Crime Initiative 2025, “Action and investments that we can make to fight crime in Albuquerque”  and it lists those items the city wants the 2025 New Mexico Legislature to address. The flyer identifies the action items completed and partially completed. Only 5 actions items have been completed and only 3 action items have been partially addressed during  past legislative sessions. An astonishing 42 Action items remain to be completed and addressed by the New Mexico legislature.

The links to review the flyer released by Mayor Keller is here:

https://www.cabq.gov/mayor/documents/mci-bifold-2024.pdf

https://www.cabq.gov/metro-crime-initiative-lowering-crime-in-albuquerque/2025-metro-crime-initiative

THE FAILURES AND SUCCESSES OF KELLER’S METRO CRIME INITIATIVE

This article is an in depth report on the MCI’s  50 action items identifying the 5 action items accomplished, the 3 action items partially accomplished and identifying  the 42 action items not accomplished  by the Albuquerque Metro Crime Initiative and what the city will pursue during the 2025 legislative session.

1. REDUCE GUN VIOLENCE

Not one of the following 10 action items are  marked as  as “completed” in past legislative sessions:

• Stronger penalties for possessing firearms in drug distribution crimes.
• New charges for firing off a gun in public.
• New charges for carrying a firearm while intoxicated.
• Close loopholes in Reg Flag law.
• Fund the New Mexico Office of Gun Violence Prevention.
• Expand the ACS’s Violence Intervention Program (VIP) to all high schools.
• Remove the preemption on cities from addressing assault rifle proliferation.
• Add federal prosecutors to New Mexico, addressing gun and drug-related offenses.
• Implement “Duke City Stats,” to other jurisdictions in crime strategy and tracking.
• Requesting increased state penalties for Felon in Possession to reduce gun violence and enhance public safety

2. BOLSTER COURTS TO CLOSE THE REVOLVING DOOR

Not one of the following 16 action items are marked as  as “completed” in the BOLSTER COURTS TO CLOSE THE REVOLVING DOOR category in past legislative sessions:

• Establish a dedicated “fentanyl court.”
• Establish a fentanyl specific response team.
• Continued improvement to the pretrial detention system.
• More jail time for retail theft offenders who brandish a gun during a crime.
• Enhance domestic violence penalties and breadth of laws.
• Expand addiction programs with emphasis on fentanyl treatment.
• Capital funding for facility improvements at the Family Advocacy Center.
• Fund peer support programs for crime victims.
• Incentivize new provider services.
• Expand treatment programs for mental/behavioral health problems.
• Establish immediate options for behavioral health and addiction services as an alternative to jail time.
• Career training in behavioral health for underserved youth.
• Contract to transport inmates to jail.
• Establish security branch to monitor prisoners while at UNMH.
• Develop behavioral health training/ career path programs.
• Establish and fund a community victim’s ombudsman.

The following 2 action items are marked  as “completed” in past legislative sessions in the  BOLSTER COURTS TO CLOSE THE REVOLVING DOOR category:

• Longer sentences for 2nd degree murder.
• Designate 2nd degree homicide by vehicle to a serious violent offense.

3. FIGHT CRIME

Not one of the following 7 action items are marked as “completed” under the category FIGHT CRIME in past legislative sessions:

• State funding and direct participation in warrant backlog initiative.
• Enact stricter street racing penalties.
• Common sense regulations on large capacity magazines and bump stocks.
• Fix “asset forfeiture” law to increase funding for public education & support drug trafficking investigations Funding for regular presence of New Mexico State Police (NMSP) in Albuquerque with a traffic unit to patrol highways and dedicated narcotics and auto theft investigators.
• Enhance criminal sentencing for road rage and violent crimes on the roadways.
• Prioritize enforcement efforts against drug trafficking and distribution networks.
• Extend the referendum on violent juvenile diversion programs. o Increase penalties for reckless driving crashes involving speeding that cause death or great bodily harm.

Only the 1 action item is marked as “completed” under the category FIGHT CRIME in past legislative sessions:

• Introduce temporary “return to work” legislation to allow qualified/certified officers to return to duty.

4. FUND CRIME FIGHTING TECHNOLOGY AND INFRASTRUCTURE

Not one of the following 3  action items are  marked as “completed” under the category FUND CRIME FIGHTING TECHNOLOGY AND INFRASTRUCTURE in past legislative sessions:

• Fund community command posts on Albuquerque’s east and west side.
• Secure funding for the jail to quickly process individuals taken into custody and provide constitutional detention.
• Increase funding for violent crime investigative units to expand resources

The following 2 action items are   marked as “completed” under the category  FUND CRIME FIGHTING TECHNOLOGY AND INFRASTRUCTURE  in past legislative sessions:

• $6.5 million helicopter & help from NMSP to patrol when APD’s helicopter is unavailable.
• Increase speed detection devices to monitor and enforce speed limits throughout all roads within ABQ.

The following 3 actions items are marked as partially addressed under the category  FUND CRIME FIGHTING TECHNOLOGY AND INFRASTRUCTURE  in past legislative sessions:

• $10 million to expand gunshot detection technology.
• $10 million for two additional police substations in high crime areas.
• $20 million expansion of the Real Time Crime Center, and $10 million in new cameras to help with investigations.

5. STRENGTHEN COLLABORATIONS AND PROCEDURES

Not one of the following 11 action items are marked as “completed” under the category  STRENGTHEN COLLABORATIONS AND PROCEDURES in past legislative sessions:

• Establish medical check protocols between UNM Hospital and Metropolitan Detention Center (MDC).
• Notify law enforcement when offenders are deemed incompetent by the courts.
• Require parole/probation officers to notify police and victims when off enders are released.
• Fund broader specialty courts to address homelessness, addiction, and mental health cases. o Improvements to conservatorship programs for severely addicted.
• Work with Bernalillo County to identify and resolve bottlenecks when individuals are taken to jail. o Create a specialty court for auto theft.
• Mandate that prosecutors utilize habitual off ender enhancements.
• Require use of statewide database for fi rearm prohibitions.
• Enable mental health providers to report individuals under their care to the National Instant Criminal Check system.
• Requesting a statewide Multi-Agency Task Force to investigate offi cer-involved shootings for transparency and community trust.
• Increase Retention of law enforcement by expanding tax credit opportunities.
• Seeking mandatory mental health checks for individuals purchasing assault rifles.

COMMENTARY AND ANALYIS

It’s painfully obvious that Mayor Tim Keller’s and the City of Albuquerque’s influence with the New Mexico legislature is essentially nonexistent given the extent of failure involved with the MCI priorities and action items he touts as solutions to the city’s high crime rates. This is a failure coming from a former New Mexico State Senator who represented the International District, a former New Mexico State Auditor and now the Mayor of the largest city in the state. After over 3 years of trying to deal with the New Mexico legislature and with only 5 items completed, 3 partially addressed and 42 remaining of MCI’s 50 priorities and action items, it’s a safe bet that Mayor Tim Keller is not going to get much done in convincing the 2025 New Mexico legislature to get behind the 42 MCI action items and priorities that are left and that Keller wants.

The criminal justice system in this country and for that matter in New Mexico  has never been perfect, nor will it ever be, but it is not broken as Mayor Tim Keller and his  “Metro Crime Initiative” participants would have every one believe. Yes, the criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain political opportunism at its worst or sure ignorance of the criminal justice system itself and how it works.

Imbedded in our constitution is how justice is served, to ensure and to protect all of our constitutional rights of presumption of innocence, due process of law and requiring convictions based on evidence. The cornerstone of our criminal justice system is requiring prosecutors to prove that a person is “guilty beyond a reasonable doubt” before a jury and in a court of law.

The 3 major stakeholders in our criminal justice system that are always signaled out when it’s argued that the criminal justice system is broken are law enforcement, the prosecution and the courts. When you examine these 3 major stakeholders in Albuquerque and Bernalillo County, one conclusion that can be arrived at is that they are not doing their jobs. They also have an extensive history of blaming each other or others for their failures.

When you examine the “check list” of the 50  different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over a number of  years and have failed to deliver on. The list contains nothing new. The items listed are ones that the participants should have been doing all along in the first place.

The criminal justice system at all levels is only as good as those who are responsible for making it work and succeed. The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. They know it is not a “broken system” but a “systems failure” caused by their own failures to act and to do their jobs effectively. It is way too easy to declare the system “broken” when problems identified within the criminal justice system would go away if the stakeholders would just do their own jobs and concentrate on doing their jobs in a competent manner. That would include Mayor Tim Keller managing and overseeing the Albuquerque Police Department effectively.

A link to a related blog article is here:

It’s Not A “Broken Criminal Justice System”, But The Failure Of Stakeholders To Do Their Jobs; “Metro Crime Initiative” Announces 40 Point Action Plan To Reduce Crime; Nothing New Announced

The 2025 New Mexico legislative session is a 60-day session. It begins January 21 and ends on March 22, 2025. During the session the legislature will approve the state’s Fiscal Year 26 (FY26) budget for the time period of  July 1, 2025 to June 30, 2026.

On December 13, Governor Michelle Lujan Grisham  released her proposed budget for Fiscal Year 26.  The budget release comes more than a month before the Jan. 21 start of the New Mexico Legislature.

According to the Governor’s office, the proposed budget builds on her first 6 years in office while boosting investments in health care, child well-being and infrastructure across New Mexico.  The budget recommendation includes $10.9 billion in recurring spending which is an increase of 5.3% over current year spending. The budget contains an additional $172 million for state employee pay raises, which includes additional compensation for New Mexico educators. The executive recommendation maintains reserves at 30.4%.

STATEMENT FROM GOVERNOR LUJAN GRISHAM   

Governor Lujan Grisham issued the following statement upon release of her FY26 budget:

“This fiscally sound budget proposal prioritizes early childhood education, clean energy, infrastructure, affordable housing, and expanded healthcare access to build a stronger foundation for New Mexicans. … My administration looks forward to discussing these proposals with state lawmakers and reaching consensus on the priorities that matter most to our state. … Our early release of the executive budget ensures everyone has time to review our priorities for New Mexico.”

HOUSE REPUBLICANS ISSUE STATEMENT

New Mexico  House Republicans issued the following statement upon release of the Governor’s FY26 budget:

“A President once said, “Don’t tell me what you value, show me your budget, and I’ll tell you what you value.” We have looked at the governor’s proposed budget and she clearly values recklessly spending New Mexicans’ hard-earned money, asking for billions more each year. As the state government spends more of your money this year, think about whether you have seen improvements in the things we all value over the last six years. Are your streets safer? Are your kids better educated? Are there more job opportunities available to you? As House Republicans, we value responsible spending that keeps more money in the pockets of every New Mexican.”

The link to quoted news source is here:

https://www.koat.com/article/new-mexico-state-budget-proposal-2025/63184851

BUDGET RELEASED EARLY

The governor’s budget plan is usually unveiled in early January, just before the start of the legislative session. Finance and Administration Secretary Wayne Propst said the decision was made to release the proposed budget earlier this year “in the interest of transparency and to give time for public input … there’s no reason to wait until a week before the session.”

State Representative Nathan Small (D) said he welcomed the release of the  governor’s budget proposal early. Small said this:

“I welcome the governor, the executive releasing the budget. The legislative finance committee spends a year going around the state building the legislature’s proposal. The fact that we’re close on some things at a top line level is positive. That said, the details matter so much.”

“Details mean whether or not a new Mexican gets health care coverage, whether or not a New Mexican kiddo has a good classroom to learn and go to school and whether they get food. Frankly, the details matter when it comes to making sure that public safety is increased.”

“We have the law enforcement officers we need, and we also can cut through and build the housing that we so desperately need. So, that’s what I’m really excited about is digging into the details, doing the work that the people of New Mexico deserve and most importantly, listening to the people of New Mexico, which is the process of the legislature.”

Lujan Grisham’s budget recommendation includes $3.33 billion in reserves or 30.4%, through FY26 while the State has $10.9 billion in recurring spending.

The Governor’s proposed budget includes the following major line items:

• $4.56 billion for the Public Education Department
• $2.2 billion for the Health Care Authority
• $1.4 billion for the Higher Education Department
• $365 million for the Early Childhood Education and Care Department
• $352 for the Department of Corrections
• $286 million for Children, Youth and Families Department
• $268 million for courts
• $211 million for the Department of Health
• $196 million for the Department of Public Safety
• $81 million for the Public Defender’s office
• $41.5 million for the State Engineer’s Office
• $26.3 million for the Tourism Department
• $13.5 million for the Workforce Solutions Department

The budget proposal includes $172 million for state employee pay raises. These raises are included for educators also.

BREAKDWON AND ANALYSIS OF PROPOSED BUDGET 

Governor Lujan Grisham’s propose budget contains large line item spending for New Mexico road construction, homelessness, child care, drug addiction and mental health programs and the state’s long-term water supply under her $10.9 billion spending plan. The budget proposal increases overall state spending by upwards of $720 million, or 7%, over current levels for the fiscal year running from July1, 2025 through June 30, 2026.

STATE EMPLOYEE PAY INCREASES

The proposed budget provides for pay raises for state employees and public-school workers. Pay increases totaling $172 million for state government and public-school employees are built into the budget proposal. Teachers and other education employees would get 3% raises. Increases for other state workers will  be targeted at specific employee classification levels within state government.

SPENDING ON HOMELESS INITIATIVES

Homelessness would be a spending priority under the governor’s budget plan. The budget plan contains $50 million that could be used on rental assistance and expanding shelters for homeless individuals amid a statewide housing shortage.

SPENDING INCREASES FOR EDUCATION, CHILD CARE

Public school spending currently makes up about 44% of the state’s budget. The governor’s plan would increase education spending despite a statewide enrollment drop. The increase in spending would include more money for a state-subsidized universal school meals program and funding to expand a summer reading initiative.

Under the governor’s plan, general fund spending on K-12 public education would increase 3% to $4.6 billion. Public schools are confronting new financial demands as they extend school calendars in efforts to improve academic performance, even as enrollment drops. The budget plan would shore up funding for free school meals and literacy initiatives including tutoring and summer reading programs.

While state spending has increased, lawmakers have also set aside millions of dollars from the revenue windfall in trust funds. The money in those funds is then invested for future use. An early childhood trust fund established with a $300 million appropriation in 2020, for instance, has ballooned to a projected $9.6 billion balance in the current fiscal year.

A proposed $206 million spending increase on early childhood education aims to expand participation in preschool and childcare at little or no cost to most families, especially those with children ages 3 and under. The increased spending comes not only from the state general fund but also a recently established, multibillion-dollar trust for early education and increased distributions from the Land Grant Permanent Fund, endowments built on oil industry income.

In addition, the budget plan would earmark $98 million to expand a childcare program for an additional 5,100 children.  A separate appropriation would increase minimum pay levels for early childhood workers from $15 to $18 per hour. Similar pay stipends had previously been funded using federal pandemic funds.

In 2018, a Santa Fe District Court ruled in the case of Yazzie v. State of New Mexico and Governor Suzanna Martinez that the state of New Mexico was violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. As the state struggles to comply with the landmark 2018 court ruling, the governor’s spending plan calls for $150 million to be funneled into a Native American education fund over the next three years. The governor’s spending plan would funnel more than $90 million to Native American communities to shore up autonomous educational programs that can include indigenous language preservation.

FUNDING FOR HOSPITALS AND BEHAVIORIAL HEALTH

The governor’s spending plan will allocate more money to several existing funds, including $50 million for a rural hospital fund and $110 million for a matching fund that provides money for state agencies, cities, counties and tribal governments to leverage against federal dollars.

It also calls for $100 million to be spent on expanded behavior health care programs, which could include new mental health and substance abuse facilities. That money could be set aside in a new trust fund or spent directly.

Leading Democratic legislators are proposing the creation of a $1 billion trust to underwrite future spending on addiction and mental health treatment in efforts to rein in crime and homelessness. Companion legislation might compel some people to receive treatment.

Rep. Nathan Small, D-Las Cruces, the chairman of a House budget-writing committee, said lawmakers are also eying “very significant” investments in behavioral health programs.

BROADBAND INTERNET ACCESS

Lujan Grisham is requesting $70 million to quickly connect households and businesses in remote rural areas to the internet by satellite service, given a gradual build-out of the state’s fiberoptic lines for high-speed internet. The program would rely on Elon Musk’s satellite-based internet service provider Starlink.

ONE TIME SPENDING INITIATIVES DEALING WITH WATER SCARCITY

The governor’s budget proposes $2.3 billion in one-time spending initiatives, including $200 million to address water scarcity. Additionally, Lujan Grisham is seeking $75 million to underwrite ventures aimed at purifying and recycling enormous volumes of salty, polluted water from oil and natural gas production. A companion legislative proposal would levy a per-barrel fee on polluted water. Cabinet secretaries say the future of the state’s economy is at stake in searching for water-treatment solutions, while environmentalists have been wary or critical.

TAX CUTS OR REBATES STILL POSSIBLE

In recent years, the Governor has advocated, and the legislature has enacted several rounds of tax rebates amid  ongoing revenue booms, including $500 per taxpayer rebates that were sent out in the summer of 2023. The Governor’s FY26 budget plan does not call specifically for tax cuts or rebates but they can still be considered during the upcoming 60-day legislative session.

Senator George Muñoz, D-Gallup, the chairman of the Legislative Finance Committee (LFC), said during budget hearings on  December 9 the past rebates were “pretty much a waste of money.”  Muñoz  said the state could have better put the money to use by funneling the surplus funding into trust funds to be invested for future use.

The link to review the Governor’s Executive Budget Summary is here:

https://www.nmdfa.state.nm.us/wp-content/uploads/2024/12/Executive-Budget-FY26-Digital-1.pdf

The links to a relied upon or quoted new sources are here:

https://www.koat.com/article/new-mexico-state-budget-proposal-2025/63184851

https://www.governor.state.nm.us/2024/12/12/gov-lujan-grisham-releases-fy26-budget-recommendation-fiscally-responsible-spending-plan-balances-past-future-investments/

https://www.abqjournal.com/news/article_540dfe10-b8bd-11ef-9df2-93f78bd9732c.html#tncms-source=home-featured-7-block

https://www.koat.com/article/new-mexico-state-budget-proposal-2025/63184851

https://citydesk.org/2024/nm-legislature-will-see-increased-spending-money-for-upcoming-session/

ESTIMATED $892.3 MILLION IN “NEW MONEY” PROJECTED FOR STATE

On December 9, the Legislative Finance Committee (LFC) held one of its last regularly scheduled meetings before the 2025 legislative session that begins on January 21,  2025. The LFC is made up of  legislators from each chamber in budget-writing committees. Senate Finance Committee chairman Sen. George Muñoz, D-Gallup, chairs the LFC. House Appropriations and Finance Committee chairman Nathan Small, D-Las Cruces, serves as vice chair.

The revenue estimates released will be used as a roadmap as lawmakers begin drafting a budget for the fiscal year that starts in July 2025. The budget surplus is part of a multi-year revenue bonanza, fueled primarily by record-high oil and natural gas productions in southeast New Mexico’s Permian Basin. New Mexico is the second-largest oil producer in the nation, behind only Texas,  and oil and gas revenue make up about 35% of the state’s total revenue collections, according to legislative data. The two southeast New Mexico counties of Eddy and Lea make up one-third of the state’s gross receipts tax revenue, despite making up only about 6.3% of the state’s population.

New revenue estimates released by LFC financial analysts are projecting that legislators will have $892.3 million in “new money” available next year. The “new money” projection figure represents the difference between projected revenue and current total spending levels.  The $892.3 million figure is upwards of $233 million more than was projected in August of this year. In all, the nearly $13.6 billion in projected revenue for the coming budget year is roughly $3.4 billion more than the state’s $10.2 billion budget.

While state spending has increased, lawmakers have also set aside millions of dollars from the revenue windfall in trust funds. The money in those funds is then invested for future use. An early childhood trust fund established with a $300 million appropriation in 2020 has ballooned to a projected $9.6 billion balance in the current fiscal year.

The state’s reliance on oil-generated dollars has been tempered in large part by lawmakers funneling much of the revenue bonanza into trust funds. That funding is then invested for future use. The  investment earnings are set to surpass personal income taxes as the state’s second-largest revenue source this year.

Referring to the state’s revenue surplus Finance and Administration Secretary Wayne Propst said this about the projections:

“The good news is there’s no bad news in this revenue forecast. … We haven’t spent it all!  In fact, we’ve set aside a significant part of that for future needs.”

“We’re blessed in New Mexico that we continue to see recurring revenue growth, but we also recognize that that revenue growth is slowing a little bit. So, I think this budget not only reflects the priorities of the governor but reflects the priorities of most New Mexicans.”

“We also understand, as you noted, that there are behavioral health challenges across the state, continuing challenges with crime in some areas. So, the focus really will be on those key areas of infrastructure, early childhood development, but continuing to make investments also in economic development and protecting our natural resources.”

WHAT SURPLUS WILL ALLOW

The unprecedented revenue windfall will allow legislators to set aside a large amount of money to expand behavioral health programs in New Mexico, among other initiatives, during the 60-day session that starts next month. It could also allow for additional tax breaks to be enacted, though leading lawmakers said they would look to offset the impact of any tax changes.

TRUMP POLICIES COULD IMPACT NM’S BUDGET

During the December 9 LFC meeting, LFC Chief Economist Ismael Torres pointed out that potential federal policy changes under the administration of President-elect Donald Trump could impact the state’s finances. Specifically, he said federal interest rate changes, tax cuts and tariffs all could affect the state budget.  Torres told lawmakers this:

 “We are very dependent on federal policies. … Pullbacks in federal spending could be a significant sticking point for state revenues.”

According to state Department of Finance and Administration and Taxation and Revenue Department data, another potential downside risk to the revenue forecast unveiled is Trump’s immigration policies. Trump campaigned heavily and is vowing to implement a “mass deportation” initiative that economists have said could harm New Mexico’s construction and agriculture industries, among others.

But the revenue figures could also end up being even higher than projected, as increase in wage growth and federal defense spending could prompt greater inflows into the state’s coffers.

Aides to  Governor Lujan Grisham said they are watching warily for any possible funding disruptions as President-elect Donald Trump prepares to take office on January 20. New Mexico depends heavily on the federal government to support Medicaid and nutritional subsidies for households living in poverty or on the cusp, as well as for education funding, environmental regulation and an array of other programs. The Governor’s Chief of Staff Daniel Schlegel said this:

“It’s not lost on us that President Trump will be inaugurated the day before the [2925 legislative] session starts.”

HISTORY OF SURGING RFEVENUES

New Mexico revenue levels have surged to record-high levels in recent years amid an ongoing oil drilling boom. The state’s record-high levels of revenue for the past 10 years is as follows:

• 2017 — $6.5 billion
• 2018 — $6.9 billion
• 2019 — $7.8 billion
• 2020 — $8.2 billion
• 2021 — $8 billion
• 2022 — $8.8 billion
• 2023 — $10.9 billion
• 2024 — $13.2 billion
• 2025 — $13.3 billion
• 2026 — $13.6 billion

https://www.abqjournal.com/news/article_4f85ed8c-b645-11ef-912f-8b5314e188f7.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

As has been the case for the last 3 legislative sessions, the upcoming 2025 New Mexico legislative session will be hot and heavy on how to spend the historic surpluses. There is indeed a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and bridge repair, funding for wastewater projects, dams and acequia projects, the courts, law enforcement and the criminal justice system, funding for our behavioral health care system, job creation endeavors, economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits should all be topics of discussion during the upcoming 2025 legislative session. All merit serious consideration and funding with the historic surplus.

NOT PUBLIC EDUCATION THIS TIME

Public education is always at the top of the list for funding. However, public education is a reoccurring expenditure that must rely on continuing taxation. During her first term, Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful.  Lujan Grisham succeeded in securing over $1 Billion dollars for public education during the 2019, 2020, 2021 and 2022 legislative sessions.

In addition to the dramatic increases in public education funding, Lujan Grisham administration created the Early Childhood Department, issued mandates to the Children, Youth and Families and Public Education departments.  An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers has been increased by upwards of 20% and have risen to $50,000, $60,000 and $70,000 depending on the level of years of teacher experience.

Given the enormous amounts the state is now spending on education and what the state will be spending because of the enacted constitutional amendment, the $3.8 billion surplus would be better spent elsewhere and not on public education.

MAJOR CAPITAL OUTLAY PROJECTS SHOULD BE IN THE MIX

Whenever surpluses in state revenues occur, Republicans and fiscal conservatives always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to spend the surpluses. The Republican tired and old political dogma  has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety.  If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.

What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the public and that improve the overall quality of life. Roads and water projects are such priorities but are not exclusive. Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities  and entertainment venues. The Governor and the legislature should listen and fund such projects while they can.

On December 3, Gov. Michelle Lujan Grisham and state officials held a news conference at Expo New Mexico to announce that the state intends to find and move the NM State Fair grounds known as Expo New Mexico to a new location. The announcement included the release of a Request For Proposal (RFP) that is now being sent out by the State Fair Commission to bring the ambitious endeavor to fruition. Available funding to renovate aging state fair facilities or moving the state fair has always been a major impediment.  However, that has changed.

On Monday, December 9, the Legislative Finance Committee (LFC) reported that new revenue estimate numbers for the state predict legislators will have $892.3 million in “new money” available for next year. The $892.3 million projection is upwards of $233 million more than was projected in August.  According to Legislative Finance Committee data, the improved outlook of increased revenue is due to slowing inflation and an easing interest rate environment.

Part of the redevelopment of the existing Expo New Mexico property would be the building of a new, modern arena to replace Tingly Coliseum that would support year-round large scale concerts and events. This has long been a dream of many elected officials. It’s a capital improvement project that should go forward regardless of what happens to moving Expo New Mexico. With the continuing State revenue surpluses, the building of a multipurpose state-of-the-art arena to replace Tingly Coliseum would be an investment for future generations.

Indeed, the 2023 legislative session could very well turn out to be a “once in a century opportunity” to really solve many of the state’s problems that have plagued it for so many decades. It should also be viewed as an opportunity to build facilities that are needed to enhance quality of life and that will have a lasting impact on the state’s quality of life for decades to come.

Links to additional relied upon or quoted  news sources:

MLG releases executive budget

LFC to release budget projections next week

The 2025 New Mexico legislative session is a 60-day session.  It begins January 21 and ends on March 22, 2025. Legislation is already being prepared for the upcoming session by the legislature.

On Monday December 2, after a full month of discussions and amendments the Albuquerque City Council voted unanimously to approve a Resolution containing the city’s wish  list of legislative priorities for the 2025 New Mexico legislative session.  Each priority category focuses on moving the city forward in a safer direction.

The City Council’s list of requests to the Legislature is split among each of the 9 City Council districts by legislative proposals and community improvements and requests funding for construction projects which are referred to as  capital outlay requests.

The only joint request for capital outlay comes from Democrat Councilor Louie Sanchez and Republican City Councilor Dan Lewis, Renée Grout and Dan Champine, who requested funding for updates and renovations to the city’s Shooting Range Park.  Republican City Councilor Brook Bassan requested during the meeting that she be added to the request for funding.

On the policy side, Sanchez and Grout teamed up to ask for “Enhanced Penalties for Felons in Possession of a Firearm” and changes to the state’s criminal competency determination, which would change the process that determines if a defendant is fit mentally to stand trial. The proposed change to the competency determination process states it would “create a process for raising the issue of competency and establish competency restoration programs.  In terms of crimes involving guns, the City Council voted to support stronger penalties for having a gun while committing another crime, such as drug offenses. They also voted to enact charges for shooting a gun in public.

The City Council unanimously approved Mayor Tim Keller’s list of requests, which centers around public safety and housing improvements. The City Council voted to request more funding for Albuquerque’s Gateway system, converting more hotels and motels to housing and overhauling the city’s voucher system. City officials are saying there is a shortage of affordable housing and a shortage of accessible housing.  The goal is to get more funding for the City to provide  support for the homeless and to increase the inventory of available housing.

Mayor Keller has emphasized that the city is taking a multifaceted, all-in approach to get more people into houses and off the streets.  Keller announced the Metro Homelessness Initiative which has the goal to provide the unhoused staying at shelters with the opportunity of employment.  According to Keller, the city is overhauling its voucher program and improving collaboration with the nonprofits that do the work.

The city will have a total of 5 centers to deal with the homeless that is intended to be operated as an integrated system:

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

Links to quoted and relied upon news source materials  are here:

https://www.kob.com/news/top-news/albuquerque-city-councilors-address-mayors-legislative-priorities/

https://www.abqjournal.com/news/article_2108e87c-b0ed-11ef-aa7a-4b3482887adc.html

MAYOR KELLER AND CHIEF MEDINA OUTLINE LEGISLATIVE PRIORITIES TO DEAL WITH CRIME

On December 3, Mayor Tim Keller and APD Chief Harold Medina held a press conference to outline their 2025 legislative priorities to deal with crime. With respect to crime in general Mayor Keller said this:

“Most of our crime categories are slightly down, that is a good thing. But they are down from an all-time high so we have a long way to go. … .

“We’ve got a 60-day session. So, it’s a long session. Everything is germane. We also know that, as a city, we have many challenges. And we know that these challenges are things that we’re working on each and every day.”

“We cannot do this alone. The challenges facing Albuquerque, New Mexico, are a combination of homegrown and national, and they’re big, and we will keep fighting in every single way, every single day to push back against crime, against housing challenges around homelessness.

 …  We also know that these are massive issues, and it takes all of us, from the city to the county to the state, to make sure that we meet those challenges with a response that is big enough and of the magnitude that will actually make a difference.”

THREE MAJOR PRIORTIES

Mayor Tim Keller and Albuquerque Police Department Chief Harold Medina broke down three major policy proposals they plan to ask legislators to enact in the upcoming session:

• Reckless Driving
• Increased penalties for felon in possession of firearms
• Create a statewide multi-agency task force for Officer-Involved Shootings

RECKLESS DRIVING

Their first and main focus in this year’s Metro Crime Initiative is to increase penalties for reckless driving and speeding. Mayor Keller said this:

“Unfortunately, New Mexico is at the top of the bad list for reckless driving. … It’s a national trend, but it’s a trend that continues to take lives.”

Keller and Medina want lawmakers to increase penalties for reckless driving  so that the charges  carry as much weight as homicide charges. APD Chief Harold Medina said the department’s traffic division gives out hundreds of citations a week for people racing, but it is still a big issue.  Medina said this:

“We have limitations on our reckless driving and how we can charge an individual. Right now, as the charge stands, an individual who is involved in drag racing and is purposely doing that drag racing and injures or kills an individual, that person is open to manslaughter at the most.”

They’re  pushing for harsher punishment in cases of reckless driving that cause death or serious injuries.  Lt. Lawrence Monti, Albuquerque Police Department Traffic Division said this:

“I’ve had multiple encounters with victims at scenes, families of those victims that arrive on scene and it’s my officers and myself who are the first ones to talk to them and explain to them that they just lost a loved one as a result of street racing or speeding.”

The family of a victim who died after being struck by street racers last October attended Tuesday’s news conference. Chief Medina emphasized their story, explaining why the family wants to see lawmakers enact these changes. He also said he would like to see the penalty look more like a homicide charge.  Chief Medina said this:

“We have to build in accountability and people need to know that there’s consequences. And a lot of times we’ve talked about it for the past few years that we have limitations on our reckless driving and how we can charge an individual.”

City leaders are in the process of finalizing a bill for reckless driving enhancements and are seeking bi-partisan sponsorship.

INCREASE PENALTIES FOR FELON IN POSSESSION OF FIREARMS

Both Keller and Medina said they are asking lawmakers to crack down on felons caught with firearms.  Medina said this:

“How many times have I stood in front of the media and talked about the fact that I would rather have a case prosecuted federally with their limited resources because their laws have teeth as opposed to the state of New Mexico for a felon in possession of a firearm.”

I would rather have a case prosecuted federally with their limited resources, because their laws have teeth as opposed to some of the penalties that we have in the state of New Mexico for felony possession of a firearm, an individual who should not possess a firearm and is possessing a firearm should be subject to more than 18 months in jail.”

“The federal guidelines and the teeth that the federal penalties have, criminals actually fear criminal prosecution in the federal system. So, we’re asking, in order to help curb our gun violence, that we not only look at the way we deal with these situations, but that we increase the penalties for those that are felony possession of firearms.”

Federally, [felons caught with firearms are] looking at about ten years for a violation and we need to bring our state statutes more in line with some of the federal statutes. So many times, we’re arresting individuals for some of the most violent crime in the city that should have never had a firearm in the first place.

Many times, we’re picking up individuals that have a felony possession of a firearm charge and currently, it’s not 18 months. So, pretty strong emphasis on incarceration, ensuring that individuals know that there are strong consequences if you choose to arm yourself with the gun when you shouldn’t be armed with a gun. I think it will start to make a difference.

CREATE A STATEWIDE MULTI-AGENCY TASK FORCE FOR OFFICER-INVOLVED SHOOTINGS

Both Keller and Medina are also  asking  for some changes with who investigates shootings by Albuquerque Police officers and asked for the creation of a statewide task force to investigate police shootings.  Medina said this:

“[Create a task force] …  that is independent of every police chief, one that is independent of every county sheriff. One that the public can have great trust in that there is going to be a fair, impartial investigation.”

For more information on the Metro Crime Initiative and other legislative priorities  click here.

Links to quoted or  relied upon news sources are here:

https://www.kob.com/new-mexico/apd-lists-priorities-for-upcoming-legislative-session/

https://www.koat.com/article/new-mexico-legislative-session/63086450

https://www.krqe.com/news/politics-government/albuquerque-city-leaders-share-what-they-want-lawmakers-to-do-to-tackle-crime/

COMMENTARY AND ANALYSIS

The legislative priorities of both the Albuquerque City Council and the Mayor Keller for the 2025 New Mexico Legislature are well thought out and reasonable. The harsh reality is that they are at the mercy of the New Mexico legislature. All too often funding requests are simply ignored by the legislature. Simply put, rural New Mexico and small-town legislators are not at all sympathetic to the needs of the State’s largest municipality believing in part Albuquerque suffers its own unique problems, especially when it comes to crime, that the City must  solve on it own,

On December 3, Gov. Michelle Lujan Grisham and state officials held a news conference at Expo New Mexico to announce that the state intends to find and move the NM State Fair grounds known as  Expo New Mexico to a new location. The announcement included the release of a Request For Proposal (RFP) that will be sent out by the State Fair Commission to bring the ambitious endeavor to fruition. New Mexico lawmakers in the 2024 legislative session appropriated $500,000 in capital outlay funding to develop the master plan for the property.  The $500,000 Request for Proposals was issued on December 3 and will last for 45 days. The proposals will be looked at in late January with a six-month timeline for final  production.

In making the announcement Gov. Michelle Lujan Grisham said this:

“This is the center of Albuquerque. The center of Albuquerque deserves a refresh and a restart. That’s what you do. … It is my hope and desire, that this becomes a re-energized effort to modernize, to improve, to create opportunity in a much bigger area than just the state expo or state fair property itself. … I met personally with many of the 4H and AG groups who are really ready for a restart and a refresh.”

State Fair Commission Chair Eric Serna attended the news conference at Expo New Mexico and said this:

“Those who have attended the fair recognize that we have outgrown the facilities and property here.  It’s time to look at the growth of this fair to continue to be the best fair in the country, and under the governor’s leadership and commission, we will move forward and seek the best possible options for the growth of our fair.”

REQUEST FOR PROPOSALS FOR MASTER PLAN

Expo New Mexico, which is situated on a 236-acre site in the heart of Albuquerque, is open year round and is the site of many other events. Those events include sports, livestock, dog, car, arts and crafts shows, home and builders’ shows, concerts, circuses, live and simulcast horse racing, a casino featuring slot machines, rodeos and many others. The 2024 annual event had an attendance of approximately 518,000. The 2025 eleven-day event  will be held September 4 th through September 14.

The Request for Proposals (RFP) invites qualified firms to “provide competitive sealed proposals for professional consulting services to develop a master plan for the existing New Mexico State Fairgrounds. [ According to the RFP]  it is envisioned that the state fairgrounds can become a more significant Pro driver for the greater Albuquerque area and the State of New Mexico.  According to the RFP,  the State believes there is substantial potential to increase the usage of the State Fairgrounds on a year-round basis.

The New Mexico State Fair Commission is seeking the services of a consulting firm with considerable experience in community engagement, planning, urban design, economic development and analysis to develop a Master Plan for the New Mexico State Fairgrounds that will provide a plan to maximize the operation and facilities of the State Fairgrounds, including the prioritization of needs and growth for the next 10 to 20 years.

Quoting the RFP, the following areas must be addressed in all master plans submitted in responses to the RFP:

FACILITIES AND INFRASTRUCTURE

“This topic area is expected to assess all facilities and infrastructure on the State Fairgrounds. Facilities should be analyzed for the past, current and potential for future use including, but not limited to building a new arena, adding housing on grounds, other mixed income uses and identifying potential new sites for the annual New Mexico State Fair. The plan should produce a list of priority issues to address.”

ECONOMIC IMPACT

“This topic area is expected to analyze the current and potential economic impact of the State Fairgrounds, especially for Albuquerque and the State of New Mexico. The plan should offer recommendations for public, private and public/private partnership opportunities to create greater economic impact.

PROGRAMMING

“This topic area should analyze the programmatic offering which have traditionally taken place at the fairgrounds and what programmatic offerings may be considered with improvement to facilities and infrastructure.”

LAND USE

“This topic area should assess non-developed and under developed sections of the fairgrounds for potential use. Recommendations for future land use should focus on the fairgrounds ability to meet programmatic needs of the Albuquerque area and the State of New Mexico in order to have a greater economic and community impact.”

OPERATIONS

“This topic area should assess the operations of the fairgrounds. The plan should make recommendations for any operation changes which would help in fulfilling the goals of the plan and improve the overall success and stability of the fairgrounds into the future.”

The link to review the 47 page “State’s Request for Proposals for Master Plan RFP #25-001 at EXPO NM” is here:

https://cdn.saffire.com/files.ashx?t=fg&rid=NewMexicoStateFair&f=RFP_MasterPlan_25-001.pdf

DEMAND FOR AFFORDABLE HOUSING

There are any number of  ideas being suggested on what to do with 236 acres of prime property for development.  Affordable housing is at the top of many lists. State and City officials are predicting 55,000 houses or living spaces will be needed within the next decade in Albuquerque.  Officials suggest the existing  Expo New Mexico fair grounds will help resolve the housing crisis.

The State Fair ground land is in the International District in the South East Heights. It is an area that has dealt with high violent  crime rates, narcotics and people experiencing homelessness. Some still refer to the area as the War Zone. Senate President Pro Tem Mimi Stewart,  who lives in the area , said this:

“We need walking paths. We need green spaces. We need bicycle trails. We need the ability of people to feel like they can live here.”

New Mexico House Speaker Javier Martinez said this:

“Sadly, we’ve lost our two grocery stores. We lost to Walmart a couple of years ago. We lost the fair square even before then. We’ve lost our two drug stores in the area as well over the last couple of years. This area is in serious need of a jolt of energy. … For the community that lives here, I think folks are ready for a change. And folks are ready for affordable housing,” 

Lujan Grisham said this:

“This is an opportunity to meet the housing needs of a very diverse group of homeowners who have been waiting far too long for the state to be able to think about a vision.”

Lawmakers and state officials believe renovation to the surrounding area and neighborhoods would lower crime in the area and give the community economic development, including new pharmacies and grocery stores. In recent years, several grocery and drugstores have closed in the area, leading to complaints about the International District potentially becoming a food and medicine “desert.”

EFFORTS TO ADDRESS AFFORDABLE HOUSING

It’s commendable that  Governor Michelle Lujan Grisham and New Mexico House Speaker Javier Martinez recognize that there is a major shortage of affordable housing and that there is a  need for 55,000 houses or living spaces within the next decade.  But they act like nothing is being done to address the housing shortage when they propose to commandeer a good portion of the Expo NM State Fair Property for affordable housing. Simply put, the highest and best use of the 236 acres of prime property for development in the center of Albuquerque is not affordable housing. It would put a small dent in a projected 55,000 shortage of housing.

NEW MEXICO MORTGAGE FINANCE AUTHORITY

The New Mexico Finance Authority (NMFA) is already taking major steps to address the need for more affordable housing over the next 10 years and  accessing low-cost capital for home ownership in New Mexico cities and counties. The MFA administers hundreds of millions of dollars each year among 40 programs that range from homeless services to homeownership. It includes new housing, down payment assistance and home rehabilitation. The agency works with hundreds of partner organizations that represent developers, realtors, landlords, nonprofits, for-profits, local governments and tribal governments. Twenty-five of its partners provide homeless services.

On July 24, the New Mexico Mortgage Finance Authority (NMFA) officials reported on the findings of the state’s most recent housing needs assessment.  It outlined how this year alone $84.6 million in state funding will be allocated to address those needs. The New Mexico Mortgage Finance Authority released its New Mexico Housing Needs Assessment which is a comprehensive annual report. It comprises an array of housing indicators describing affordable housing needs in the state and what strategies and steps are being taken to address those needs.

The full housing needs assessment is available here

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

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

NEW LOCATION FOR EXPO NEW MEXICO

Many state and city leaders agree that keeping the State Fair centrally located such as Bernalillo, Valencia or Torrance County would be beneficial due to the interstates.

The governor and other state leaders say there’s already conversations about where a new state fairgrounds could go. Lujan Grisham says they’ve already decided it needs to be near the center of the state but suggested that does not automatically mean Albuquerque. Lujan Grisham said this:

“Imagine, if you will, that Valencia County could offer up some interesting proposals, that the South Valley right here in Bernalillo County. Bernalillo County ought to think about where would a new developed platform in space be. Maybe Torrance County, maybe Edgewood and Santa Fe, where we are looking at I-25 and I-40 corridors that allow New Mexicans who already use that mode of transportation to come and stay at the fair. … We want to make sure that we are identifying the future location of Expo New Mexico. This is not the end of county fairs and state fairs and competitions at the midway and farmers markets.”

Lujan Grisham suggested that placing the fair in the South Valley or a rural area like Edgewood will increase economic development in those areas while also providing space for the State Fair itself. Concerns around accessibility will factor into the final decision. The Governor said this:

“We have made the decision preliminarily to ask for folks to focus on the center of the state … but there are a lot of spaces.  Though Albuquerque is a bit constrained, there are still plenty of opportunities in Bernalillo County.”

Albuquerque Mayor Tim Keller for his part discussed his wish list location for  Expo New Mexico, including keeping the fairgrounds in Albuquerque. Keller listed the Balloon Fiesta grounds, Mesa del Sol and West Side spaces as potential locations. Keller referred  to previous attempts to move and repurpose Expo New Mexico’s and said this:

“Third time’s the charm, and I think we’re going to do this right. … There’s skin in the game for all of us, so we might actually be able to do this instead of just a wonderful study that we could never deliver on.  … The partners who respond to the RFP, whether it’s developers or whether it’s whoever, that’s that partnership that actually can make this work, that we were missing before.”

TIME LINE FOR MOVING

Even as plans are being made for moving Expo New Mexico to a different location, it is expected that the 2025  State Fair will be at the San Pedro location, potentially for the last time. No new location has been identified and no tentative dates have been set for breaking ground at a new location.  The governor says she wants to see real movement on this by the end of the legislative session in March.  Lujan Grisham said this:

“I’d like to see by the end of the [2025] Legislature a sense about what’s coming in. … I don’t expect that breaking ground will occur significantly in a way that would interrupt the fair later on.”

Links to quoted and relied upon news sources are here:

https://www.abqjournal.com/news/article_354f268a-b1b4-11ef-814e-e71c652e6912.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/city-and-state-leaders-announce-plans-to-redevelop-expo-new-mexico/

https://www.koat.com/article/new-plans-expected-for-expo-new-mexico-and-new-mexico-state-fair/63087004

BUILDING A NEW MULTI PURPOSE ARENA

One major project that is being suggested in the RFP is building a new arena  as part of the redevelopment of the existing  Expo New Mexico property. The new venue  would be a modern arena that has the capacity to support year round large scale concerts and events.  It would replace the existing Tingley Coliseum. Demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility with the capacity of upwards of 20,000 has been a dream of many a Governor, State Fair Commission and Fair Managers.

Tingley Coliseum was built in 1957 and has a capacity for 11,000. Over the years it’s been remodeled and upgraded. Tingley Coliseum in the past two months has received $2 million worth of upgrades geared toward replacing old seats and fixing the electrical system. The work that began in November permanently removed the benches and outdated 80s-era seats for new, wider ones. In the process, the coliseum lost roughly 700 of its total 10,000 seats, but officials plan to make up the loss with more standing-room availability.

https://www.krqe.com/news/albuquerque-metro/tingley-coliseum-undergoes-renovations-as-governor-looks-to-possibly-move-state-fair-site/

The state and Albuquerque in particular for decades has needed a large capacity, multipurpose entertainment venue of upwards of 20,000. It was back on February 25, 2019 that it was reported that there is a need for such a facility and EXPO New Mexico was in  the final stages of conducting a feasibility study on the construction of a new arena on the state fairgrounds, but nothing ever happened with the feasibility study.

https://www.krqe.com/news/officials-want-to-build-new-arena-on-state-fairgrounds/

https://www.krqe.com/news/expo-new-mexico-looking-into-new-arena-to-replace-tingley-coliseum/

FUNDING AVAILABLE FOR MOVING STATE FAIR AND INVESTING IN MAJOR CAPITAL PROJECTS

Available funding to renovate aging state fair facilities or moving the state fair has always been a major impediment.  However, that has changed.

On Monday, December 9, the Legislative Finance Committee of the State Legislature reported  that new revenue estimate numbers for the state predict legislators will have $892.3 million in “new” money available for next year. New revenue is defined as a figure that represents the difference between projected revenue and current total spending levels. The $892.3 million projection is upwards of $233 million more than was projected in August.  According to Legislative Finance Committee data, the improved outlook of increased revenue is due to slowing inflation and an easing interest rate environment.

The budget surplus is  fueled primarily by record-high oil and natural gas productions in southeast New Mexico’s Permian Basin. The state is the second-largest oil producer in the nation, behind only Texas,  and oil and gas revenue make up about 35% of the state’s total revenue collections, according to legislative data.

New Mexico’s 2024 legislative session lasted only 30 days. Thanks to booming oil and gas production in New Mexico’s section of the Permian Basin, the state legislature began the session with a massive $3.5 billion budget surplus. In 2023, the surplus was also around $3.5 billion.

https://www.abqjournal.com/news/article_4f85ed8c-b645-11ef-912f-8b5314e188f7.html#tncms-source=home-featured-7-block‘

ANALYSIS AND COMMENTARY 

The Expo New Mexico fairgrounds is state property controlled and managed exclusively by the state.  State, county and city officials will likely have to partner for any project regarding the existing State Fair grounds.  The city will likely have to annex the property in order to excise zoning and building authority over any development.

Governor Lujan Grisham and State officials announcing that the state is seeking to relocate the  Expo New Mexico Fair Grounds and spending $500,000 in capital outlay funding to develop a master plan for the existing 236 acre cite location  borders on the absurd. It made good press, but it was done with nothing but speculation on the economic benefits of moving the fairgrounds to another location without discussion of the ultimate cost to rebuild.  The issuance of the RFP for a master plan for the property will eventually be needed, but it is very premature when a new location for Expo New Mexico has yet to be identified.

HIGHEST AND BEST USE OF PROPERTY

What would be the highest and best use of the 236 acres of property is the creation of an Entertainment and Commercial Hub that could actually revitalize the entire SE Heights and surrounding area with creation of all new commercial property areas for shops, restaurants, theaters and entertainment venues.

There are two major facilities would be integrated parts of an Entertainment And Commercial District Hub:  the Downs Race Track and Casino and the proposed new multipurpose arena.

The Albuquerque Downs Racetrack and Casino occupies roughly a quarter of the state fairgrounds and it is not going anywhere anytime soon given that it has a 25 year lease subject to renewal. Governor Lujan Grisham said this:

“There is a long term lease that is not expiring in the next two years, four or six.  So for now, I would expect that the racino stays for a large amount of time.” 

Prominent Albuquerque businessman Paul Blanchard is one of the owners of the Downs Race Track and Casino and there is no doubt he will demand a major say on what happens not only to the casino but on what is to be developed on the existing fair grounds that may affect the casino

Part of the redevelopment of the existing  Expo New Mexico property would be the building of a new, modern arena to replace Tingly Coliseum  that would support year round large scale concerts and events. This has long been a dream of many elected officials. It’s a capitol improvement project that should go forward regardless of what happens to moving Expo New Mexico. With the continuing State revenue surpluses, the building of a multipurpose state of the art arena to replace Tingly Coliseum would be an investment for future generations.