Federal Monitor Files 15th Report On APD Reform Compliance; Dramatic Progress Made; Sergeant and Lieutenants Still “Weakest Link” On Holding Officers Accountable; No Superintendent Of Police Reform; Chief Medina Says Wants To Achieve 100% Compliance In Two Years

On May 11, Federal Court Appointed Independent Monitor James Ginger filed his 15th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 15th Federal Monitors report is a 332 page report that covers the 6 month time frame of August, 2021 to January, 2022. The link to review the entire report is here:

https://www.cabq.gov/police/documents/910-220511-imr-15.pdf

This blog article reports on the findings and is a summary of the 15th Federal Monitors Report. The article also provides related news and Commentary and Analysis.

COMPLIANCE LEVELS

On November 14, 2014, the City of Albuquerque, the Albuquerque Police Department and the United State Department of Justice (DOJ) entered into a stipulated Court Approved Settlement Agreement (CASA). The Court Approved Settlement Agreement mandates 271 police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs). There are 276 paragraphs in 10 sections within the CASA with measurable requirements that the monitor reports on.

The link to the 118-page CASA is here:

https://documents.cabq.gov/justice-department/settlement-agreement.pdf

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to have come into compliance within 4 years and the case was to be dismissed in 2020.

The 3 compliance levels can be explained as follows:

PRIMARY COMPLIANCE

Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA; must comply with national standards for effective policing policy; and must demonstrate trainable and evaluable policy components.

SECONDARY COMPLIANCE

Secondary compliance is attained by implementing supervisory, managerial and executive practices designed to and be effective in implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

OPERATIONAL COMPLIANCE

Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

15TH FEDERAL MONITOR’S REPORT ON APD REFORM COMPLIANCE

The Federal Monitor reported that as of the end of the IMR-15 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100%
Secondary Compliance: 99%
Operational Compliance: 70%.

These are the highest compliance level numbers since the Court Approved Settlement agreement was entered into in 2014. The 15th Federal Monitors report is also a dramatic reversal from the past 3 monitor reports that were highly critical of the Keller Administration and the Albuquerque Police Department.

In the Federal Monitors IMR-14 report filed on November 12, 2021, the Federal Monitor reported the 3 compliance levels were as follows:

Primary Compliance: 100 %; (No change from before)
Secondary Compliance: 82 %; (No change from before)
Operational Compliance: 62 % (An increase 3% points from before)

DRAMATIC INCREASE IN COMPLIANCE LEVELS

In a remarkable departure from his findings in the past 3 Federal Monitors reports, Independent Federal Monitor James Ginger found APD has attained the highest levels of compliance yet of the 276 CASA mandated reforms. This is a dramatic improvement over recent years when it was reported APD had declining compliance levels. Ginger wrote in his 15th Federal Monitor’s report that he saw “perhaps for the first time” a serious willingness to identify and correct behavior that is counter to the effort and the CASA mandated reforms.

Ginger wrote:

“Over the last 18 months, APD has made significant progress in its efforts to attain compliance with the Court Approved Settlement Agreement (CASA). … APD has shown significant performance increases in training effectiveness, and performance in the field has improved somewhat. In the monitor’s experience, training nearly always leads the way in organizational development and planned change processes.”

According to the 15th federal monitor’s reported, APD has been at 100% Primary Compliance since the 10th report. APD is now at 99% Secondary Compliance, a 20.7% increase from the last report, which deals with the training of officers. This is the biggest jump in this reporting period and means all of the training to accompany the policies has been accomplished by APD.

Operational Compliance is now at 70%, a strong 12% increase over the previous report, which deals with officers following policies and being corrected when they don’t. Both IMR-14 and IMR-15, have shown increased compliance numbers over the previous reporting periods, indicating that APD has finally broken through the declining numbers shown for the IMR-11 through IMR-13 reporting periods.

Deputy Chief Cori Lowe said of the gains in Operational Compliance that after the monitor provided a draft report, APD provided feedback on paragraphs it thought should be considered in compliance according to the settlement agreement. Lowe said Federal Monitor took the information it into account and in turn gave more analysis in Operational Compliance.

APD Deputy Chief Cory Lowe had this to say about the Operational Compliance:

“The hardest compliance level is Operational Compliance. … That is putting that training and policy into operational on a day-to-day basis. That’s proving that we can do things on our own in accordance with policy and training.”

The links to quoted news sources are here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

https://www.kob.com/new-mexico/new-doj-report-shows-progress-for-apd/

SYNOPSIS OF FEDERAL MONITOR’S FINDINGS IN THE 15TH FEDERAL MONITORS REPORT

The following synopsis can be gleaned from portions of Federal Monitor’s 15th Report. The portions of the report quoted have been edited with topic headlines to assist with general public consumption.

MONITOR IDENTIFIES ORGANIZATIONAL SUCCESSES

“APD has shown strong performance with its compliance factors this reporting period, with continuing strong performances relating to effective policy development and a substantial increase in training effectiveness. Performance in the field continues to lag behind these two “policy and training” processes. APD’s improved performance this reporting period is attributable … to an influx of external management talent, particularly at the Training Academy.

Secondary compliance, which measures training effectiveness, showed a substantial increase this reporting period, with APD raising that measure of compliance to the highest level we have seen since the advent of the CASA reporting process.

Fully 99% of the CASA’s training requirements have been successfully met during the 15h Independent Monitor Reporting period. This indicates truly exceptional compliance levels for APD training functions during this reporting period. We have long encouraged APD to focus on its training functions, and the training processes are a true standout among APD’s compliance factors during the 15h Independent Monitor Reporting (IMR-15) period.

Further, operational compliance levels, the rate at which in-field performance is executed in a manner that complies with CASA requirements, have also shown improvement over the nadir seen in the IMR-13 reporting period. Operational compliance reached an all-time high during the IMR-15 reporting period, at 70% compliance.”

MONITOR IDENTIFIES DEFICIENCIES IN SUPERVSION AND DISCIPLINE

“While policy processes and training processes at APD were at the highest levels we have seen to date, operational compliance figures continue to lag the compliance levels for policy and training. APD currently stands at 70% compliance with the CASA requirements for actions in the field. In the monitor’s experience, operational compliance factors routinely lag behind primary and secondary compliance factors.

Once policy and training compliance have been achieved, effective and consistent supervision is needed to achieve full compliance. Supervision continues to be a significant problem with APD’s compliance efforts. Further APD’s disciplinary practices continue to show artifacts of disparate treatment, indicating that personnel at times receive dissimilar discipline instead of based on offense and prior history, which should be the touchstone of effective discipline.

… APD’s major issues at this point in the monitoring process are supervision and command oversight, including such processes as supervisory efficiency in noting behaviors in the field that are non-compliant with policy and training. Changing non-compliance with CASA requirements in the field with notice and corrective behavior will be the next critical element of compliance that APD will need to assess, modify, and assert as an operational priority.

Finally, we suggest that APD develop a complete assessment of the current disciplinary system to ensure that similar infractions and past histories of various members of APD result in similar penalties. We see this as a key part of moving to a professional disciplinary system that is offense- and history-based.”

CURRENT COMPLIANCE ASSESSMENTS

During the IMR-15 reporting period, APD has shown significant performance increases in training effectiveness, and performance in the field has improved somewhat. In the monitor’s experience, training nearly always leads the way in organizational development and planned change processes. This has held true for APD’s reform efforts as well.

APD has made significant and meaningful progress in its secondary compliance efforts, which have substantially increased their levels of compliance, from 82% in IMR-13 to 99 % in IMR-15.

Training practices at APD have shown exceptional improvement, and compliance in the field has been on an 18-month upward trajectory. Operational compliance with the CASA has also seen improvement during the 15th reporting period, increasing to 70%.

The next significant hurdle for APD is to persistently self-monitor in-field operations to ensure that compliance in the field reflects the policy development and training that has been delivered and continues to be reflected in in-field actions. During the last three reporting periods, APD has seen steady, but gradual, increases in the delivery of CASA-compliant policing services.

Data indicate that APD has gradually improved in-field service delivery from 59% compliance in IMR-13, to 62% in IMR-14, and to 70% in IMR-15.”

MONITOR’S OVERALL ASSESSMENT OF COMPLIANCE LEVELS

“As part of the monitoring team’s normal course of business, it established a baseline assessment of all paragraphs of the CASA for the Independent Monitor’s first report (IMR-1) . This was an attempt to provide the Parties with a snapshot of existing compliance levels and, more importantly, to provide the Parties with identification of issues confronting compliance as APD continues to work toward full compliance.

As such, the baseline analysis was considered critical to future performance in APD’s reform effort, as it gives a clear depiction of the issues standing between the APD and full compliance. This report … provides a similar assessment and establishes a picture of progress on APD goals and objectives since the last monitor’s report.

As of the end of the 15th reporting period, APD has achieved substantial increases in secondary compliance and has improved operational compliance by 8% … .

Primary compliance relates mostly to the development and implementation of acceptable policies [and] conforming to national best practices. APD has shown a substantial increase in secondary compliance this reporting period, up from 82% percent compliance in IMR-14 to 99% compliance in IMR-15, which means that effective follow-up mechanisms have been taken to ensure that APD personnel understand the requirements of promulgated policies. [Examples are] training, supervising, coaching, and implementing disciplinary processes to ensure APD personnel understand and follow the policies as promulgated and are implementing them in the field.

Operational compliance with the requirements of the CASA for the 15th reporting period are higher than they were for the 14th reporting period, from 62% in IMR-14 to 70% in IMR-15. This means that 70% of the time, field personnel either perform tasks as required by the CASA or that when they fail, management personnel note and correct in-field behavior that is not compliant with the requirements of the CASA.

These compliance numbers are significant. They indicate a 20.7% increase in secondary compliance and a 12.9% increase in APD’s supervisory and operational compliance over the previous reporting period, and indicate, perhaps for the first time, a serious management willingness at APD to identify and correct behavior that is not in compliance with the requirements of the CASA.”

WEAK LINK IDENTIFIED

“A significant number of CASA paragraphs were addressed by new training at APD during this reporting period. The training tempo has increased significantly, and the quality of training also increased markedly.

The weak points of APD’s compliance efforts remain the same as they were in IMR-14: supervisors and mid-level command personnel continue to be the weak link when it comes to holding officers accountable for their in-field behavior. Until that issue is resolved, further increases in APD’s compliance levels will be difficult to attain.”

MONITOR’S REPORT SUMMARY

“APD made steady progress during the 15th reporting period. Policy development at APD has become less reliant on monitoring oversight and input and has gradually grown in its ability to move adequate policy product through its internal systems and to submit to the monitoring team policy that requires only minor modifications to be CASA congruent.

Training has become an organizational strong point during this reporting period, and the academy has shown the benefit of a strong infusion of well-qualified executives who have had proven performance in well-respected law enforcement training programs. This should make attaining full secondary compliance with the CASA easier moving forward.”

FOCUS NEEDED ON APD SERGEANTS, LIEUTENANTS, AND COMMANDERS

“Since the inception of the monitor’s work with APD, we have advised the agency repeatedly that supervision of in-field activities is critical to APD’s compliance success. This remains … the last remaining objective to address on the path to full compliance.

What remains to be done is to focus on APD’s sergeants, lieutenants, and commanders to ensure that APD’s major compliance systems are CASA-congruent and reflect department-established oversight of uses of force, oversight of day-to-day delivery of CASA-compliant services to the communities APD serves, and oversight of the compliance functions with respect to uses of force and day-to-day interactions with the public.

In short, what needs attention at this time is vigilant supervisory and managerial oversight to ensure APD’s personnel perform in a manner that is CASA-compliant at least 95% of the time. This is a high standard, no doubt, but other agencies have been successful in meeting this standard, and there is no reason APD cannot do the same.

At the current time, APD is 100% in compliance with the CASA’s policy development processes. The monitor’s comments on policies proffered during this reporting period are, for the most part, minor, and tend to be focused on the finer points of policy work, not on tangible CASA requirements.

Training, a process at APD frequently noted as deficient and not in compliance with national standards, has come into its own during the last two monitor’s reports. APD now fields training that is “industry standard.” Supervision processes at APD need a final product improvement push, and mid-level management personnel, and at times command-level personnel, need to be reminded of the critical nature of vigilant oversight of in-field operations.

The capacities to take the final steps to full operational compliance are present within APD. What remains to be done is to focus on the outstanding needs and processes noted in IMR-15, and to work diligently to build internal systems to replace E-FIT and monitoring oversight with internal systems designed to monitor and ensure continued performance on the street and performance at the supervisory levels.

Further, APD will need to focus directly on its disciplinary system, ensuring that the process meets modern standards of progressive discipline. As with other critical tasks with which APD has been confronted, the monitoring team will continue to coach and structure APD’s efforts toward full operational compliance with the requirements of the CASA.”

EFIT WORKING

On February 26, 2021, the City and the United States Department of Justice (DOJ) entered into a Stipulated Agreement filed with the United States District Court to stay a contempt of court proceeding against the city for willful violations of the Court Approved Settlement Agreement (CASA). The Stipulated Order established the External Force Investigation Team (EFIT). The Internal Affairs Force Division (IAFD) had allowed and did not investigate 667 cases of police “use of force cases” to the point that even if investigators found officers hadn’t followed policies, they could not be disciplined because the deadlines had passed.

The External Force Investigation Team (EFIT) was established to train APD’s force investigators and ensure cases were being investigated within 90 days. Since EFIT started its work, no new cases have been added to the backlog. Federal Judge James Browning who is assigned to oversee the settlement has signed off on a plan to allow the EFIT to continue its work and also to review the backlog cases.
The EFIT is on call 24 hours a day, seven days a week. It is required to respond to all police use of force call outs within 1 hour of notification.

All Use of Force (“UOF”) investigations undertaken by the EFIT must be completed within 60 days with an additional 30-day supervisory review period for a total of 90 days from start to finish. Pursuant to the Federal Court Order, EFIT must conduct joint investigations with APD Internal Affairs Force Division (“IAFD”) of all Level 2 and Level 3 Use Of Incidents . This includes all Tactical Deployments where there is APD police Use of Force is utilized. EFIT must also assist APD with training concerning the its Use of Force policies.

The Federal Monitor Ginger said that the quality of writing and accuracy of investigations of police use of force cases has improved greatly since the creation of the External Force Investigation Team which has streamlined reviews of use of force and investigations by upper-level staff.

The Federal Monitor said this in his 15th report:

“… optimism should be tempered by recognition of administrative and cultural obstacles that persist. … Eventually, EFIT will pass oversight responsibilities back to APD, which will test APD’s ability to sustain the obvious progress made with day-to-day external oversight.”

The link to quoted news source material is here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

FEDERAL MONITOR’S CAUTIONARY STATEMENTS ABOUT COUNTER CASA EFFECT

While the tone of the latest report was a clear departure from past monitor’s reports that were highly critical of APD, Federal Monitor Ginger still cautioned that critical issues still remain when it comes to sergeants and lieutenants and what is known as the “Counter CASA” effect that he himself identified and defined.

It was in the Federal Monitors 10th audit report that the “Counter CASA” effect was fully explained. According to the Federal Monitor’s 10th report:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”. … Some members of APD continue to resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example … the Collective Bargaining Agreement (CBA) disciplinary timelines, appear at times to be manipulated by supervisory, management and command levels at the area commands, letting known violations lie dormant until timelines for discipline cannot be met.”

What the Federal Monitor said about sergeants and lieutenants in the 15th Monitor’s Report is essentially the Counter CASA effect and for that reason alone what he said makes it worth repeating:

“The weak points of APD’s compliance efforts remain the same as they were in IMR-14: supervisors and mid-level command personnel continue to be the weak link when it comes to holding officers accountable for their in-field behavior. Until that issue is resolved, further increases in APD’s compliance levels will be difficult to attain.”
… .

“What remains to be done is to focus on APD’s sergeants, lieutenants, and commanders to ensure that APD’s major compliance systems are CASA-congruent and reflect department-established oversight of uses of force, oversight of day-to-day delivery of CASA-compliant services to the communities APD serves, and oversight of the compliance functions with respect to uses of force and day-to-day interactions with the public.”
… .

“Supervision continues to be a significant problem with APD’s compliance efforts. … Further, APD’s disciplinary practices continue to show artifacts of disparate treatment, indicating that personnel at times receive dissimilar discipline instead of based on offense and prior history, which should be the touchstone of effective discipline.”

APD CHIEF HAROLD MEDINA’S REACTION TO 15TH REPORT

APD Police Chief Medina was quick to react and say it was “great news” and to take credit for the latest improvements in APD’s compliance levels as mandated by the Court Approved Settlement Agreement. Medina attributed the progress in compliance in the reporting period to new leadership at the training academy and in other high-level positions.

Chief Harold Medina said APD’s goal is for the department to be in full compliance with the Court Approved Settlement Agreement in 2 years. Medina said this about the 2 year goal:

“We may not meet that goal, and we could get criticized later that we didn’t meet our goal. But we’re going to set the goal … . We’re going to believe in ourselves and we’re going to try our best. If, 2 years from now, we recognize we need one more period, well, you know what, it’s a whole lot better than anybody else has done.”

Regarding the entire report, Medina had this to say:

“I think that it goes to show that, you know, sometimes you’ve got to give a team a little bit of time to transition and to change. … One of the things that always hurt us is the lack of resources, and you run out of time in the day. … The way this has been developed by the administration is giving specific tasks and not overloading people so that they’re able to accomplish more. …

Sometimes people may criticize and say APD is top heavy. APD’s never been under a settlement agreement and now APD has never moved a settlement agreement forward this quickly and it’s because we have resources at the top.

We will continue to stand up for our department where we think it’s necessary and, you know, to explain ourselves. … We don’t want to be confrontational about it … but it is imperative that we explain ourselves and they take into account our explanations … I want a sustainable process that will outlast DOJ and I mean that. … I want to create a process that is going to be here beyond them.

My goal is that we go into compliance with policies and procedures that stay the same. … That we modify very little because it is creating the department that we want. Hopefully we could build off this momentum and we could continue to move in the right direction and hopefully we can get out of this in the near future.”

The links to quoted news sources are here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

https://www.kob.com/new-mexico/new-doj-report-shows-progress-for-apd/

CREATING WHOLE NEW LEVEL OF APD BUREAUCRACY

When Medina says “Sometimes people may criticize and say APD is top heavy” he no doubt is referring the whole new level of bureaucracy the Keller Administration has created at APD within the last year.

The APD high command that works directly out of the Chief’s Office has gone from 3 to 10 full time sworn staff. Those positions are Chief, Superintendent Of Police Reform, Deputy Superintendent Of Police Reform, 6 Deputy Chiefs, 1 Chief of Staff. Within the last year, Chief Medina has appointed 3 new Deputy Chiefs for a total of 6 Deputies. This is the largest number of Deputies in the history of the department.

The Keller Administration has also created the new position of “Deputy Commanders” which there are 16. The 16 “Deputy Commander” positions created a whole new level of bureaucracy and management between Commanders and Lieutenants.

A link to a related blog article is here:

https://www.petedinelli.com/2022/01/03/top-heavy-apd-high-command-staff-goes-from-3-to-6-deputies-with-5-apd-insiders-new-level-of-apd-bureaucracy-created-with-16-deputy-commander-positions-outsiders-needed-to/

APD FORWARD COALITION REACTION

APD Forward is one of the main stakeholders who appear during the federal court hearings on the CASA. APD Forward includes 19 organizations who have affiliated with each other in an effort to reform APD and implement the DOJ consent reforms. Members of APD Forward include Albuquerque Health Care for the Homeless, American Civil Liberties, Bernalillo County Community Health Council, Common Cause New Mexico, Disability Rights New Mexico, Equality New Mexico, League of Women Voters of Central New, Mexico New Mexico Conference of Churches, New Mexico Criminal Defense Lawyers Association, Sierra Club Rio Grande Chapter, and the Transgender Resource Center of New Mexico.

ACLU frequently speaks on behalf of APD Forward. Barron Jones, senior policy strategist with the American Civil Liberties Union of New Mexico, pointed out that APD was able to improve so much because it had outside help. Jones had this to say:

“While we really appreciate and applaud the progress made during this reporting period, we do want to highlight that this progress came after a huge amount of additional resources had to be put into APD so they could bring up the use-of-force investigations.”

The links to quoted source material are here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

https://www.kob.com/new-mexico/new-doj-report-shows-progress-for-apd/

https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement

https://www.cabq.gov/police/documents/apds-15th-progress-report.pdf

NO SUPERINDENDANT OF POLICE REFORM

On Monday, April 25, 2022, Mayor Tim Keller announced in a press release that he had nominated La Tesha Watson, Ph.D., as the new Superintendent of Police Reform to be confirmed by the Albuquerque City Council. The position had remained open since Interim Superintendent of Police Reform Sylvester Stanley announced his departure on December 1, 2021 after a mere 8 months on the job.

On May 3, one week after the Dr. LaTesha Watson appointment was announced, the City issued a press release announcing it was not moving forward with her nomination of for the position of Superintendent of Police Reform and that the hiring process will continue. The press release announcing the withdrawal is as follows:

“City Not Moving Forward With Nominee for Superintendent of Police Reform;
Hiring for Position Continues”

ALBUQUERQUE – After the final round of in-person discussions with Dr. LaTesha Watson, the [Keller] administration has chosen to not to proceed with her nomination to the position of Superintendent of Reform for the Albuquerque Police Department. Watson recently concluded a site visit and a series of meetings with City and Department Executive Staff as part of her nomination for confirmation.

Watson brought alternative ideas and views about the path forward on reform, but the candidate and the administration identified key differences in our approach to the role and for continued progress in Albuquerque.

During the visit to Albuquerque, Watson put forward a proposal for restructuring the role in a manner that ultimately did not align with the position that the city is hiring for, as outlined in the job description created last year to meet the specific needs of APD. The administration determined that her alternative approach could in fact hold back recent progress made in the Department of Justice consent decree.

The city is encouraged by the significant recent reform progress outlined in the upcoming independent monitor report which is set to be released in two weeks. This is a critical moment in Albuquerque’s reform process, with the position of Superintendent playing a key role in overseeing this forward momentum.

The administration will continue the hiring process for the Superintendent of Reform. Although ultimately visions for the role differed, we appreciate her candidacy, and her impressive work on aspects of policing and accountability throughout her career.

The Superintendent of Reform was created last year by the City to bring individual accountability and leadership to reform, create differential use of force and discipline processes from APD chain of command, and add overall governance to the reform process. The position is also designed to enable the Chief of Police to better focus on crime fighting. The position was held by Sylvester Stanley until his retirement in January.”

COMMENTARY AND ANALYSIS

After over 7 years of implementing the mandating DOJ reforms, and millions spent on training, APD appears to have finally turned the corner on implementing the 271 mandated reforms. APD is commended for attaining a 100% Primary Compliance rate and a 99% Secondary Compliance.

Notwithstanding, APD is still struggling mightily with Operational Compliance at 70% compliance. Operational compliance is the single most important compliance level of all 3 and it is where the rubber hits the road with respect to the reforms.

Operational compliance is the hardest to attain. Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency. It is achieved when line personnel are routinely held accountable for compliance by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

The problem is that the Federal Monitor has repeatedly found that APD sergeants and lieutenants are resisting the reforms.

REMOVE SERGEANTS AND LIEUTENANTS FROM POLICE UNION

The Federal Monitor has found repeatedly it is APD sergeants and lieutenants who are resisting management’s implementation of the DOJ reforms. Sergeants and lieutenants are where the rubber hits the road when it comes implementation of the 271 reforms.

It is difficult to understand why Federal Court Appointed Monitor James Ginger essentially down played and did not come out and say that the Counter CASA effect is still alive and well within APD. What is also difficult to understand is Ginger’s reluctance to tell the court that APD’s sergeants and lieutenants need to be removed from the police union.

Sergeants and lieutenants need to be made at will employees and removed from the collective bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms. Sergeants and lieutenants are management and need to be removed from the union in order to allow APD management to take appropriate measures to ensure the reforms are accomplished or hold those sergeants and lieutenants who continue to resist the reforms accountable.

SUPERINDENDANT OF POLICE REFORM

The nomination of and then withdrawal of LaTesha Watson, Ph.D. by Mayor Tim Keller for the position of Superintendent of Police Reform was sloppy and disappointing. It is “Human Resourses 101” in the appointment of high profile positions that under no circumstances should an appointment be announced until the vetting process and interview process of a selected candidate is completed and all questions are resolved to the satisfaction of both sides. That is especially true when it comes to high profile law enforcement appointments such as Chief of Police and Superintendent of Police Reform, given the fact that public safety is at issue.

Ever since the creation of the position of Superintendent of Police Reform was created, including the release of the job description, the APD Union has voiced objections that the Superintendent of Police Reform will have the final say on police disciplinary matters. The union has said that it violates the union contract and that only the APD Chief can impose discipline. It is highly likely that police union and others voiced strong objections to the Watson appointment once the circumstances of her termination by the Henderson Police Department were reported.

Although Mayor Tim Keller announced that a national search would be conducted to fill the position Superintendent of Police Reform, such as when he appointed Harold Medina as APD Chief, the process was never made public. There were 3 finalists for APD Chief and all 3 were interviewed on line for the public to witness, including Medina’s interview. That has not happened with the Superintendent of Police Reform.

The Keller Administration never released to the public the names of all the applicants nor the application process itself, including who was on the interviewing committee. It was never disclosed to the public if the city conferred with the Department of Justice or Federal Court Appointed Monitor Dr. James Ginger to get his take or input over the applicants.

MEDINA’S TWO YEAR GOAL

APD Chief Medina’s goal for the department to be in full compliance with the Court Approved Settlement Agreement in 2 years is commendable. However, based on 8 years of obstructionist tactics by the APD Police Union and APD’s Sergeants and Lieutenants who are union members, it’s likely going from 70% to 100% in Operational Compliance is easier said than done given how long APD was stuck at mediocre compliance levels for 8 years.

Medina needs to remember what Ginger has now said:

“… supervisors and mid-level command personnel continue to be the weak link when it comes to holding officers accountable for their in-field behavior. Until that issue is resolved, further increases in APD’s compliance levels will be difficult to attain.”

What complicates matters is that for almost a full 4 months, Mayor Tim Keller has not appointed a Superintendent of Police Reform raising questions if the potion is needed or ever was needed.

Links to all related blog articles can be found here:

Dinelli Blog Articles On The DOJ Reforms, Federal Monitor’s Reports, APD And The Police Union

Guest Column By Valere McFarland, Ph.D : “Housing Best Solution To Solve Homeless Crisis, Not City Sanctioned Homeless Encampments”; City To Purchase Tents; Council Needs To Vote NO Rejecting “Living Lots” and “Safe Outdoor Spaces”

The Albuquerque City Council is proposing to create two new “land use” zoning areas to allow 2 separate types of city sanctioned homeless encampments in all 9 city council districts for a total of 18 city sanctioned homeless encampments. Both are amendments updating the city’s 2017 Integrated Development Ordinance (IDO) that regulates residential and commercial zoning development and land use throughout the city.

One is called “living lots” and the other “safe outdoor spaces”. City sanctioned homeless encampments will be permitted in both areas. The “safe outdoor spaces” calls for the creation of government sanctioned homeless campsites where the homeless will be able to sleep and tend to personal hygiene. Under living lots zoning, open space areas would be designated where people would be allowed to sleep overnight in tents, cars or RVs. Empty parking lots and other unused space could be used.

VALERE MCFARLAND, PH.D.

Valere McFarland, Ph.D., is a former resident of Echo Ridge neighborhood located in in the North East heights City Council District 4 represented by City Councilor Brook Bassan. Although currently not a resident of New Mexico, she plans on returning soon and has a very strong interest in crime in Albuquerque because of contacts she still has here. She is a very active member of “Women Taking Back Our Neighborhoods” (WTBON), a group founded in 2018 in South East Albuquerque to inform the public and demand greater accountability from elected and other civic leaders for preventing crime on Central Ave., in neighborhoods, and in public parks.

Dr. Mc Farland has four undergraduate degrees including gerontology, anthropology, and sociology. Her master’s degree is a dual education foundation, and political science. Her PhD was is in education policy that overlaps to business, medicine, politics. She spent an extra year in her PhD program to gain a certificate in “disability” counseling. She has have worked with the homeless her entire career. When she was doing her gerontology practicum, or social work on aging, she worked in a homeless shelter. She has worked for most of her career in education in a Research One university with high at risk of achieving, indigenous populations. During her career she has dealt with issues of poverty and homelessness and has spent a lifetime challenging and confronting unequal treatment of disadvantaged individuals, groups, and populations, through providing access to an equality-based education.

On May 12, Dr. Mc Farland wrote to all members of the city council and Mayor Tim Keller the following meme voicing her strong opposition to both “living lots” “safe outdoor spaces”. She also proposes another option.

EDITOR’S DISCLAIMER: Valere Mcfarland, Ph.D. gave permission to publish her memo to the City Council and Mayor and she was not compensated by www.PeteDinelli.com.

MEMO TO CITY COUNCIL AND MAYOR TIM KELLER

May 12, 2022

TO: MEMBERS OF THE ALBUQUERQUE CITY COUNCIL, MAYOR TIM KELLER

FROM: VALERE MCFARLAND, PH.D.

RE: AMENDMENTS TO INTEGRATED DEVELOPMENT ORDINANCE ALLOWING “LIVING LOTS” AND “SAFE OUTDOOR SPACES”

“I am writing to voice strong opposition to IDO Amendment Changes that propose ‘Living Lots’ and ‘Safe Outdoor Spaces’ to address homelessness in Albuquerque … .

I am also enclosing my first letter of opposition, sent to you on 5-3-2022. That letter outlined an option for treating the transit homeless and local homeless as the separate entities they are by establishing a Campus Model for the local homeless population. To reiterate: transit homeless individuals (in Albuquerque and other major cities faced with homelessness such as New York, Denver, Los Angeles, Seattle, Honolulu, Dallas and Houston) commit a disproportionate number of felonies. These are not crimes of petty shoplifting: they are violent and major felony crimes and include rape, assault, running prostitution rings including underage girls and trafficked girls and women, selling hard drugs, theft and other serious crime.

By contrast, folks living without a key to a residence because they are the victims of job-downsizing during the Covid 19 crisis, rent increases from inflation, or hardship from illness, death of a loved one including spouse or partner, are not criminals. They are our neighbors and relatives and we are a paycheck away from being them and they are a paycheck away from becoming ‘us.’

So on that note, I wish to state my strong objection to Councilwoman Brooke Basson’s ‘othering’ behavior. Once again, I wish to remind Brooke that she is not ‘better than’ anyone and the local homeless are not ‘lesser than.’ I want to remind Brooke that SHE is one paycheck away from a recall. Additionally, I wish to point out that the idea of putting proposed ‘Living Lots’ and ‘Safe Outdoor Spaces’ on San Pedro Drive is wrong from every economic and moral standpoint and every council person who votes for this ill-thought-out proposal is culpable.

The proposed red-line for the implementation of the misguided amendments runs from South Albuquerque to North Albuquerque, along San Pedro Drive, home to middle income single family homes belonging to tax paying citizens, middle income long established subdivisions whose residents are tax paying citizens, small businesses that have survived the economic crises of supply chain issues, Covid 19 employment issues, inflation we have not seen since Jimmy Carter’s presidency …, parks with local residents jogging in the early mornings prior to going to their JOBS where they earn money to pay taxes to pay city council salaries, and where they bring their families and pets for evenings in the parks after WORK (an idea foreign by choice to the transit homeless); churches, a major city library, residential houses for disabled individuals and elderly; and culminating at the golf course on the northern end of San Pedro Drive.

All of the outdoor activities currently available and enjoyed by residents will be gone if you instill ‘Living Lots’ and ‘Safe Outdoor Spaces.’ First, this is not a ‘safe’ idea because even the most naive resident of a major metropolitan area knows that EVERY transient without exception carries a knife. They do not have a knife because they are the aggressor – but because they need protection from other aggressive and often mentally ill transit homeless individuals.

And no matter the individual, when a fight is stirred, the knives come out. An innocent passer-by, jogger, child, pet, or another ‘Living Lot’ and/or ‘Safe Outdoor Spaces’ resident can be injured just by being in proximity of the altercation. Trying to ‘get away’ from this in a wheelchair will be impossible and all the now safe activities of park use time, picnicking and walking dogs will be history.

Your jobs are to protect the public physically and fiscally. This proposal does neither. You have a staff who should be tasked with bringing workable solutions to your attention. I am [suggesting] an idea that worked in a western city, not so different demographically, from Albuquerque, NM; i.e., Salt Lake City, Utah. I am wondering if you are aware of the success in addressing homelessness in Salt Lake City, Utah? Salt Lake City’s business leaders rolled up their sleeves about five years ago and implemented a plan that was deemed radical at the time: the city purchased homes for the homeless. And instead of ‘costing’ them this program has ended up saving them money to the tune of millions of dollars annually.

[Below is the Link to a Washington Post article entitled “The surprisingly simple way Utah solved chronic homelessness and saved millions] detailing this successful program … .

https://www.washingtonpost.com/news/inspired-life/wp/2015/04/17/the-surprisingly-simple-way-utah-solved-chronic-homelessness-and-saved-millions/

Homelessness was reduced from some of the highest numbers in the United States to a level today where homeless individuals are known by name, not a ‘number.’ While it is true that an element of the transit population is averse to ‘sleeping inside,’ in this event, that element soon found other places (not Salt Lake) to live. They moved away and Salt Lake City was no longer their ‘chosen stop’ on the way to ‘somewhere.’ Those remaining, who included the local homeless, accepted housing. And those who accepted the idea became part of the solution. Instead of dozens of trips to emergency rooms, these individuals became responsible for their own health care and attended medical appointments that included preventive health care.

An ancillary benefit from this program has been the growth of the city in every area. Salt Lake City has a high ‘safe’ rating and is known as business friendly. Businesses want to invest in a city rated as having ‘safe living’ because they can more easily hire and retain employees.

Instead of finding a successful model that includes furnishing housing and providing a Campus Model, you have found your lowest common denominator with every other failed metropolitan area program. What are you thinking? Did you think we would not notice?

You can and should do better for what is the most beautiful city in the United States. Albuquerque is unmatched with its geographical beauty, location, perfect climate, but most of all the generous hearts of its citizens. Why would you even consider such an unworkable from the get-go plan that threatens to harm the citizens who pay your salaries? Please slow down and consider plans that work.

Sincerely,

Valere McFarland, Ph.D
Member, Women Taking Back Our Neighborhood

CITY PURCHASED TENTS PROPOSED FOR “SAFE OUTDOOR SPACES”

On Tuesday, May 10, the City of Albuquerque made a presentation before the Bernalillo County’s Homeless Coordinating Council elaborating on its plans for “Safe Outdoor Spaces”. The presentation was made by Elizabeth Holguin with the City’s Family and Community Services Department.

According to Holguin, the city envisions that “Safe Outdoor Spaces” would be communities of tents for the homeless population, uniform in design and structure, and fenced in for safety. Holguin told the coordinating council:

“Not anyone can just walk up. … People will be accepted based on outreach worker referral. … Resources like bathrooms, showers, electricity, shade structures, sometimes even internet [will be provided] … Definitely handwashing stations. There’s often connections to food and meals and all of the different outreach services that can be provided. … You cannot bring anything that does not fit into your structure. You get a storage bin, sleeping area, and chair. … there would be policies preventing weapons, and the safe spaces would be supervised by a management team. … [Drugs and alcohol would be allowed inside tents, the same way they are allowed in homes but] obviously there’s no drug dealing [allowed]”.

City official also recognized that the tents are not a solution to homelessness, but hope they will help curb the metro’s crime crisis by providing a safer alternative to life on the street. The initiative is still in its early planning stages, so size and potential locations remain up in the air.
The link to quoted source material is here:

https://www.kob.com/archive/albuquerque-leaders-discuss-plans-for-safe-outdoor-spaces/

DINELLI COMMENTARY AND ANALYSIS

Research shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments and “tent cities”. Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

CITY MEETING MORAL OBLIGATION TO HELP HOMELESS

The city has a moral obligation to help the homeless, especially those who suffer from mental illness and drug addiction. The city is in fact meeting that moral obligation with the city spending upwards of $114 Million with housing assistance vouchers, mental health care services and shelter for the homeless.

Albuquerque is making a huge financial commitment to help the homeless. Last year, it spent upwards of $40 million to benefit the homeless in housing and services. The 2023 proposed budget significantly increases funding for the homeless by going from $35,145,851 to $59,498,915. The city contracts with 10 separate homeless service providers throughout the city and it funds the Westside 24-7 homeless shelter.

The city has bought the 572,000-square-foot Lovelace Hospital Complex on Gibson for $15 million that currently has space of 200 beds or more and transforming it into the Gateway Center Homeless shelter. City officials have said that the city is expected to launch multiple services on the property this winter, including a 50-bed women’s shelter, a sobering center and a space designed to deliver “medical respite” care for individuals who would have no place other than a hospital to recover from illnesses and injury.

The massive facility could be remodeled even further to house the homeless and convert offices, treating rooms, operating rooms and treatment rooms into temporary housing accommodations. The onsite auditorium and cafeteria could also be utilized for counseling and feeding programs from service providers.

ENFORCE THE LAW

Too many elected and government officials who want to establish government sanction encampments have a hard time dealing with the facts that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations arrests are in order.

CRISIS MANAGEMENT

The homeless crisis will not be solved by the city, but it can and must be managed. Providing a very temporary place to pitch a tent, relieve themselves, bathe and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis. The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

TELL COUNCIL TO VOTE NO

“Safe outdoor spaces” and “living lots” will be a disaster for the city as a whole. Both will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing. The public needs to make their opinions known and tell the city council to reject both zoning allowances.

The public needs to voice their opinions and tell the city council to reject both zoning allowances.

The email address to contact each city councilor and the Director of Counsel services are as follows:

lesanchez@cabq.gov

louiesanchez@allstate.com

ibenton@cabq.gov

kpena@cabq.gov

bbassan@cabq.gov

danlewis@cabq.gov

LEWISABQ@GMAIL.COM

patdavis@cabq.gov

tfiebelkorn@cabq.gov

trudyjones@cabq.gov

rgrout@cabq.gov

lrummler@cabq.gov

City Purchased Tents Proposed For “Safe Outdoor Spaces”; “Tent City’s” Will Destroy City’s Permanent Housing Efforts ; Scant Evidence Found On How Permanent Homeless Shelters Affect Surrounding Community; Safe Outdoor Spaces Will Make City “Land of Encampments”

The Homeless Coordinating Council (HCC) is a collaborative body made up of members from the City of Albuquerque, the County of Bernalillo, and the Board of Regents of the University of New Mexico. The HCC’s purpose is to deliver a coordinated community-wide framework for expanding and strengthening services and permanent affordable housing for people experiencing homelessness in the Albuquerque metro area.

https://www.cabq.gov/family/partner-resources/meeting-minutes-agendas/homeless-coordinating-council

The City Council is proposing to create two new “land use” zoning areas to allow 2 separate types of city sanctioned homeless encampments in all 9 city council districts for a total of 18 city sanctioned homeless encampments. Both are amendments updating the city’s 2017 Integrated Development Ordinance (IDO) that regulates residential and commercial zoning development and land use throughout the city.

The “safe outdoor spaces” amendment to the Integrated Development Ordinance (IDO) calls for the creation of government sanctioned homeless campsites where the homeless will be able to sleep and tend to personal hygiene. The proposed zone change can be summarized as follows:

1. Not more than 1 sanctioned campsites will be allowed in any one of the city’s 9 city council districts, or 9 total campsites, and the campsites would be limited to 40 tents, cars or recreational vehicles.
2. Each campsite will be required to have a certain number of water-flush or composting toilets, or portable facilities, hand-washing stations and showers based on occupancy.
3. It would require a surrounding wall or screen at least 6 feet high for those using tents.
4. Operators of the campsites, which could include churches and nonprofit organizations, would have to provide the city with a management plan or security agreement proving the site has 24/7 on-site support and security.
5. Operators would offer occupants some form of social services and support facilities.
6. The homeless campsites would be prohibited from being allowed within 330 feet of low-density residential areas. Religious institutions would have more flexibility for locating them.
7. The campsites would be permitted in certain commercial, business park and manufacturing zones and in some mixed-use zones after a public hearing.
According to City Officials, in most instances, the encampments would be set up and managed by churches or nonprofits.

“Living lots” zoning would be open space areas designated where people would be allowed to sleep overnight in tents, cars or RVs. Empty parking lots and other unused space could be used. Living lots would provide appointed spaces for people who may otherwise already be sleeping in parks, on sidewalks and in arroyos.

“COMMUNITIES OF TENTS” OUTLINED FOR “SAFE OUTDOOR SPACES”

On Tuesday, May 10, the City of Albuquerque made a presentation before the Bernalillo County’s Homeless Coordinating Council elaborating on its plans for “Safe Outdoor Spaces”. The presentation was made by Elizabeth Holguin with the City’s Family and Community Services Department.

According to Holguin, the city envisions that “Safe Outdoor Spaces” would be communities of tents for the homeless population, uniform in design and structure, and fenced in for safety.

Holguin told the coordinating council:

“Not anyone can just walk up. … People will be accepted based on outreach worker referral. … Resources like bathrooms, showers, electricity, shade structures, sometimes even internet [will be provided] … Definitely handwashing stations. There’s often connections to food and meals and all of the different outreach services that can be provided. … You cannot bring anything that does not fit into your structure. You get a storage bin, sleeping area, and chair. … there would be policies preventing weapons, and the safe spaces would be supervised by a management team. … Drugs and alcohol would be allowed inside tents, the same way they are allowed in homes but obviously there’s no drug dealing [allowed]”.

City representatives told the coordinating council Safe Outdoor Spaces has seen success in Denver, Colorado. City official also recognized that the tents are not a solution to homelessness, but hope they will help curb the metro’s crime crisis by providing a safer alternative to life on the street.

The initiative is still in its early planning stages, so size and potential locations remain up in the air.

The link to quoted source material is here:

https://www.kob.com/archive/albuquerque-leaders-discuss-plans-for-safe-outdoor-spaces/

“TENT CITY, USA”

The National Law Center on Homelessness & Poverty is a national legal group dedicated to ending and preventing homelessness. It works to expand access to affordable housing, meet the immediate and long-term needs of those who are homeless or at risk, and strengthen the social safety-net through policy advocacy, public education, impact litigation, and advocacy training and support.

In 2017, The National Law Center on Homelessness & Poverty released a study entitled “TENT CITY, USA The Growth of America’s Homeless Encampments and How Communities are Responding” with the link here:

Click to access Tent_City_USA_2017.pdf

In 2018, the National Law Center on Homeless and Poverty released a study entitled “Welcome The Rise of Tent Cities in the United States” with the link here:

https://homelesslaw.org/wp-content/uploads/2018/10/WelcomeHome_TentCities.pdf

The following was gleaned from the studies prepared the National Law Center on Homelessness & Poverty:

Tent cities have been reported in the majority of states, 46 of 51 jurisdictions (including the District of Columbia). Of all of these, only 8 encampments had a legalized status. Three more were moving in that direction, meaning that through municipal ordinance or formal agreement, the tent city had been sanctioned by the community and was either allowed to self-govern or was created by service providers working with the city. Ten tent cities had at least a semi-sanctioned status, meaning that although not formally recognized, public officials were aware of the encampments and were not taking active steps to have them evicted.

https://homelesslaw.org/wp-content/uploads/2018/10/WelcomeHome_TentCities.pdf

“In the past decade, documented homeless encampments have dramatically increased across the country. Research showed a 1,342 percent increase in the number of unique homeless encampments reported in the media, from 19 reported encampments in 2007 to a high of 274 reported encampments in 2016 [the last full year for data], and with 255 already reported by mid 2017, the trend appears to be continuing upward. Two thirds of this growth comes after the Great Recession of 2007-2012 was declared over, suggesting that many are still feeling the long-term effects.

Unique homeless encampments were reported in every state and the District of Columbia. California had the highest number of reported encampments by far, but states as diverse as Iowa, Indiana, Louisiana, Michigan, Oregon, and Virginia each tallied significant numbers of reported encampments.

Half the reports that recorded the size of the encampments showed a size of 11-50 residents, and 17 percent of encampments had more than 100 residents.

Close to two-thirds of reports which recorded the time in existence of the encampments showed they had been there for more than one year, and more than one-quarter had been there for more than five years.

Three-quarters of reports which recorded the legal status of the encampments showed they were illegal; 4% were reported to be legal, 20% were reported to be semi-legal (tacitly sanctioned.

This increase in encampments reflects the growth in homelessness overall, and provides evidence of the inadequacy (and sometimes inaccessibility) of the U.S. shelter system. The growth of homelessness is largely explained by rising housing costs and stagnant wages.

Municipalities often face pressure to “do something” about the problem of visible homelessness. For many cities, the response has been an increase in laws prohibiting encampments and an increase in enforcement.

[A survey of ] the laws and policies in place in 187 cities across the country … found:

33% of cities prohibit camping city-wide, and 50 percent prohibit camping in particular public places, increases of 69% and 48% from 2006-16, respectively.

50% have either a formal or informal procedure for clearing or allowing encampments. Many more use trespass or disorderly conduct statutes in order to evict residents of encampments.

Only five cities (2.7% ) have some requirement that alternative housing or shelter be offered when a sweep of an encampment is conducted.

Only 20 (11%) had ordinances or formal policies requiring notice prior to clearing encampments. Of those, five can require as little as 24 hours’ notice before encampments are evicted, though five require at least a week, and three provide for two weeks or more. An additional 26 cities provided some notice informally, including two providing more than a month.

Only 20 cities, 11%, require storage be provided for possessions of persons residing in encampments if the encampment is evicted. The length of storage required is typically between 30 and 90 days, but ranged from 14 to 120 days.

Regional analysis found western cities have more formal policies than any other region of the country, and are more likely to provide notice and storage.

Using the criminal justice system and other municipal resources to move people who have nowhere else to go is costly and counter-productive, for both communities and individuals. …

Research shows that housing is the most effective approach to end homelessness with a larger return on investment.

Other cities spend thousands of dollars on fences, bars, rocks, spikes, and other “hostile” or “aggressive” architecture, deliberately making certain areas of their community inaccessible to homeless persons without shelter.

Many communities state they need criminalization ordinances to provide law enforcement with a “tool” to push people to accept services, such as shelter. Conducting outreach backed with resources for real alternatives, however, is the approach that has shown the best, evidence-based results.

The 100,000 Homes Campaign found permanent housing for more than 100,000 of the most “service-resistant” chronically homeless individuals across America by listening to their needs and providing appropriate alternatives that actually meet their needs.

Most cities in the United States have insufficient shelter beds for the number of people experiencing homelessness; in some cities, the shortage is stark.

So when law enforcement tells residents of encampments to go to a shelter, they risk finding the shelter full. Even where shelter beds are open, they are not always appropriate, or even adequate, for all people.

Many shelters are available only to men or only to women; some require children, others do not allow children. Some do not ensure more than one night’s stay, requiring daily long waits in line- sometimes far from other alternatives.

The survey of 187 cities found only 10 of these cities have explicitly permitted some form of legalized camping. Encampments are not an appropriate long term solution to homelessness or the nation’s affordable housing crisis.

In order to be successful, legalized encampments require a tremendous amount of planning, consultation, and collaboration with all stakeholders, most especially the homeless residents of the encampment. In many cases, this time and effort may be better spent developing other interim or permanent housing solutions.”

The link to the news source is here:

https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf

CORONADO PARK

Coronado Park is considered by many as the epicenter of Albuquerque’s homeless crisis. Over the last 10 years, Coronado Park has essentially become the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day.

At any given time, Coronado Park will have 70 to 80 tents crammed into the park with homeless wondering the area. It comes with and extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder.

Police 911 logs reveal a variety of other issues. In February 2019, police investigated a stabbing after a fight broke out at the park. One month before the stabbing, police responded to a call after a woman said she was suicidal, telling police on lapel camera video that she had previously made attempts to overdose on meth.

The link to the news source is here:

https://www.kob.com/albuquerque-news/police-records-depict-pattern-of-problems-violence-at-coronado-park/5891961/

City officials have said Coronado Park is the subject of daily responses from the encampment team because of the number of tent’s set up there. They say the encampment team, along with Parks and Recreation Department , and Solid Waste go out every morning, during the week, to give campers notice and clean up the park. They also work on getting them connected to resources and services they may need.

https://www.krqe.com/news/politics-government/the-process-behind-removing-homeless-camps-from-public-places/

SCANT EVIDENCE SHOWING IMPACT OF SHELTERS ON SURROUNDING AREA

The UNM Homelessness Research Taskforce is made up of 14 people from departments across the UNM campus. The taskforce was asked by the Homeless Coordinating Council to study the issue of how homeless shelters affect the surrounding community. Over the past year, the taskforce did the research and it had two aims:

1. Review existing data to see how different types of housing services relate to repeat homelessness and

2. What works best for different populations, and to study the risks and benefits of emergency homeless shelters to communities.

Research has been demanded repeatedly by Southeast Albuquerque residents fighting the city’s plans for the Gateway Center homeless shelter and services center on Gibson Boulevard on what will be the effects of the shelter. Some community members have demanded an in-depth neighborhood impact assessment of the Gibson area believing the effects could reach up to 2 miles. According to UNM research team member Janet Page-Reeves, such an extensive and specific project would require more time and resources

On May 10, Page-Reeves provided an executive summary presentation to the Homeless Coordinating Council telling the council the challenges of answering the shelter effect question. She told the council:

“Very little research has been published on the impact of emergency shelters … but from the sparse literature, there is some evidence regarding both associated benefits and risks [but that information was not] “robust”. ”

According to Page-Reeves, existing literature about crime and shelters shows an “increased likelihood of crime” within a fourth- to half-mile radius, though the types of crime change. Vandalism and armed robbery go down, according to the research, but petty crimes like theft go up and “the people that are the victims of the crime tend to be those experiencing homelessness themselves”.

When it comes to property values, Page-Reeves said research reflects some effect within the immediate vicinity, but no evidence it extends beyond 1,000 feet of the shelter. And a shelter may have some positive and some negative impacts on nearby businesses.

UNM Homelessness Research Taskforce member Brady Horn reiterated that there is other research that is much less ambiguous. Horn told the Homeless Coordinating Council

“I just want to make sure we’re clear: providing housing does reduce crime . … [But] it’s unclear exactly what happens right around the shelter.”

Other findings from the UNM research team include:

• Those with lived experience reported that the eligibility qualifications for many support services are too rigid to meet.

• Nearly half (49%) of those who get enrolled in the state’s homelessness information management system as they seek shelter or other services have a disability. The category includes chronic health conditions and substance use disorders. 58% of those who have at least one additional enrollment have a disability.

• About a third of families enrolling in services are fleeing domestic violence.

The link to quoted news source material is here:

https://www.abqjournal.com/2498676/unm-team-published-research-on-homeless-shelter-impacts-is-meager-exce.html

COMMENTARY AND ANALYSIS

Research shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments. Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

Albuquerque is making a huge financial commitment to help the homeless. Last year, it spent upwards of $40 million to benefit the homeless. The 2023 proposed budget significantly increases funding for the homeless by going from $35,145,851 to $59,498,915. The city contracts with 10 separate homeless service providers throughout the city and it funds the Westside 24-7 homeless shelter.

The city has bought the 572,000-square-foot Lovelace Hospital Complex on Gibson for $15 million that currently has space of 200 beds or more and transforming it into the Gateway Center Homeless shelter. City officials have said that the city expect to launch multiple services on the property this winter, including a 50-bed women’s shelter, a sobering center and a space designed to deliver “medical respite” care for individuals who would have no place other than a hospital to recover from illnesses and injury.

MANAGING HOMELESS CRISIS MUST INCLUDE ENFORCING EXISTING LAWS

Coronado Park at 4th Street and the Freeway has been the Albuquerque’s “de facto” city sanctioned homeless encampments for the last 10 years with city officials offering services to the homeless who camp there and repeatedly cleaning up the park only to allow the homeless to move back in and camp. At any given time upwards of 70 tents are on the property. Coronado Park clearly shows that sanctioned encampments do not work.

Too many elected and government who want to establish government sanction encampments have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and repeated citations arrests are in order.

The homeless crisis will not be solved by the city, but it can and must be managed. Providing a very temporary place to pitch a tent, relieve themselves, bathe and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis. The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

“Safe outdoor spaces” and “living lots” will be a disaster for the city as a whole. Both will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing.

The public needs to make their opinions known and tell the city council to reject both zoning allowances. The email address to contact each city councilor and the Director of Counsel services are as follows:

lesanchez@cabq.gov

louiesanchez@allstate.com

ibenton@cabq.gov

kpena@cabq.gov

bbassan@cabq.gov

danlewis@cabq.gov

LEWISABQ@GMAIL.COM

patdavis@cabq.gov

tfiebelkorn@cabq.gov

trudyjones@cabq.gov

rgrout@cabq.gov

lrummler@cabq.gov

ABQ Journal Candidate Profiles In Attorney General Race; KOB-4 Poll: Torrez Leads Colon In AG Race By 6%; “Undecides” Out Poll Both; Negative Ads Work; Race Considered “Toss Up”

On Sunday, May 15, the Albuquerque Journal ran on its front page the anticipated report of the Democratic race for Attorney General. The below the fold front page article was written by long time Journal Investigative Reporter Collen Heild and entitled:

“Attorney General’s Democratic primary pits two heavy hitters”

The link to the full report is here:

https://www.abqjournal.com/2499353/ags-democratic-primary-pits-two-heavy-hitters.html

The Albquerquerqu Journal also ran two separate profile articles on each candidate also written by Collen Heild including its traditional candidate questions and answers.

The stories and links to the candidate profiles and Question and Answers are here:

BRIAN COLÓN

Colón: Getting people to sit down together can solve big issues

https://www.abqjournal.com/2499366/coloacuten-getting-people-to-sit-down-together-can-solve-big-issues.html

Q&A: Democratic attorney general candidate Brian S. Colón

https://www.abqjournal.com/2497358/qa-democratic-attorney-general-candidate-brian-s-colon.html

CAMPAIGN WEBSITE: https://colonfornm.com/

RAUL TORREZ

Torrez: Willingness to ruffle feathers is an asset, not a liability

https://www.abqjournal.com/2499373/torre-zwillingness-to-ruffle-feathers-is-an-asset-not-a-liability-exc.html

Q&A: Democratic attorney general candidate Raúl Torrez

https://www.abqjournal.com/2497355/qa-democratic-attorney-general-candidate-raul-torrez.html

CAMPAIGN WEBSITE: https://www.raultorrez.com/

KOB CHANNEL 4 POLL

On May 12, KOB Channel 4 released a poll it commissioned with Survey USA in the Democratic primary race for Attorney General between New Mexico State Auditor Brian Colón and Bernalillo County District Attorney Raúl Torrez. The state wide survey was conducted of 583 likely registered Democratic voters and has a plus or minus margin of error of 5.7%. The results of the poll came did not come as a surprise to many political observers given the negative advertising by Raúl Torrez.

The poll results were as follows:

Undecided: 38%
Raúl Torrez: 34%
Brian Colón: 28%

The link to the quoted KOB story is here:

https://www.kob.com/new-mexico/many-voters-yet-to-take-sides-for-ag-as-torrez-holds-narrow-lead-over-colon/

On March 5, nearly 1,000 Democrats attended the Democratic Pre-Primary Convention and cast their voted for the office of Attorney General of New Mexico and the vote was as follows:

Brian Colón – 61.46%
Raúl Torrez – 38.54%

https://nmdemocrats.org/news/dpnm-releases-results-of-2022-pre-primary-convention-voting/

OTHER POLL RESULTS

On the issue of no pretrial release for people accused violent crimes and “rebuttable presumption” to hold an accused pending trial, the KOB 4/Survey USA poll showed broad support for the idea with 71% of likely voters surveyed saying it should be more difficult for people charged with violent felonies to be free until their trial. Only 8% of those polled said New Mexico’s system of pretrial release needed no changes.

The poll showed 57% of New Mexicans felt confident their local police department could keep them safe. That general support of law enforcement flipped when it came to use of force by police during arrests. In the poll, 60% of people were either somewhat or very concerned about how police treat the people they arrest. That concern ran across the urban-rural divide that separates many political opinions, including in suburban areas like Rio Rancho and Corrales. Even 43% of self-identified conservatives were worried about use of force during arrests.”

In urban areas, 47% of those surveyed had little or no confidence in their police department’s performance. White survey respondents were more likely than non-whites to say they felt safe, 63-54%.

In a question about whether people felt safe in their daily lives, just 27% said they did not. Party affiliation also had an impact on how safe people felt and the 2020 presidential vote. Supporters of former President Donald Trump felt unsafe at nearly double the rate, 36%, of those who voted for President Joe Biden at 19%.

The link to the quoted KOB 4 story is here:

https://www.kob.com/new-mexico/many-voters-yet-to-take-sides-for-ag-as-torrez-holds-narrow-lead-over-colon/

COMMENTARY AND ANALYSIS

There is little doubt that the KOB 4 poll showing Torrez in the lead was a wakeup call for Colón to start to get far more aggressive. The only comfort Colón can take from the poll is that the Torrez lead of 6% points falls within the polls plus or minus margin of error of 5.7% making the race a likely tossup with 38% undecided.

After the March 5 Democratic convention, Colón was thought by many politico observers to be the clear front runner in the race for the Democratic nomination for Attorney General. Colón has also raised more than $1.4 million while Torrez’s has raised a little over $1 million. The race for Attorney General was considered Colón’s race to lose. That is no longer the case and the race now appears to be a toss up.

Voters always complain about the proliferation of negative ads in political campaigns, but the candidates continue with them. The reason why is that they work and often tip the scales for a win.

The likely cause of the KOB poll results that “undecideds” now lead both candidates and that Torrez leads Colón by 6% is that Bernalillo District Attorney Raúl Torrez has outspent Brian Colón in TV advertising thus far and started his political ads way before Colón. Torrez has been relentless at repeatedly hammering and faulting Colón as a “career politician” who lacks “experience in public safety.”

Thus far, Torrez has run a slick advertising campaign running at least 4 sperate commercials featuring him alone and negative ads against Colón. The TV stations first run Torrez campaign ads then run unrelated commercials followed with commercials featuring Senator Martin Heinrich endorsing Torres.

Traditionally, US Senators stay out of party contested races, but not Martin Heinrich who is said to be planning on running for Governor in 4 years. Heinrich likely views Colón as running for Governor in 4 years after serving as Attorney General and it’s better to defeat Colón’ now and to end Colón’s political career than to deal with him in 4 years.

Torrez said of Colon on May 9, in a one-hour debate on KRQE-TV:

“One of the things that defines this race is whether you want a career prosecutor or a career politician. … He has not prosecuted a single case, not even a parking ticket. … You know I saw Mr. Colon at the round house taking selfies with his friends, taking selfies with the Speaker [of the House]. I never heard him speak up, I never heard him step out and support publicly our fight and the governor’s fight for “rebuttable presumption”. That’s the difference between a career prosecutor and somebody who lives and dies with politics.”

Colón thus far has run 3 campaign commercials. The first was an emotional one where Colón describes his personal struggles, being raised in poverty and having to hock his dad’s wedding ring. In the second ad, Colón talks about a “shield and sword” approach to prosecutions and protecting the general public. Although well produced, both of Colón’s ads were considered by political observers as weak and ineffective with the “shield and sword” ad bordering on juvenile.

The third and far more effective TV ad is where Colón goes negative for the first time and goes into great detail about Torrez’s “failed prosecution rates” as Bernalillo County District Attorney. Statistics prepared by the District Court reveal the Bernalillo County District Attorney’s Office under Raúl Torrez has a 65% combined dismissal, acquittal and mistrial rate with cases charge by grand juries. The ad highlights major homicide cases botched by Torrez, including the murder of UNM baseball player Jackson Weller. Darian Bashir killed Jackson Weller outside a Nob Hill bar in 2019. Two years before the murder, Bashir was arrested for shooting a man outside a downtown bar. But Bashir never went to trial in that case. A District Court Judge found that Bashir never went to trial in the case due to the District Attorney failing to comply with deadlines, not interviewing witnesses on time, and not responding to motions.

It’s a theme that Colon used during the May 9 KRQE debate when Colón said:

“What my opponent has is a failed track record of prosecution. A lifelong career as a prosecutor, yet at the end of the day, the numbers are abysmal. Our community is less safe than it has ever been before. … The best way to get Torrez to the office is to have a T.V. camera present. … At some point you gotta quite pointing fingers, ya gotta take responsibility. … I’ve got a failed prosecutor standing beside me. … At the end of the day, we’re not safe.”

FOLLOW THE MONEY

Brian Colón has raised a total so far of $1.452 million in his race for the nomination against Raul Torrez who has raised $1.066 million. It’s the cash on hand on May 2 that the candidates reported that makes the race still wide open. Colón reported $911,000 in cash on hand to Torrez’s $382,000. The most recent AG Race Campaign Finance Reports can be found here:

BRIAN COLÓN

https://login.cfis.sos.state.nm.us//Files/ReportsOutput//103/9cdc8f33-a7c2-4d02-b820-fed384501751.pdf

RAUL TORREZ

https://login.cfis.sos.state.nm.us//Files/ReportsOutput//103/9be8522e-f6b5-47ea-8503-8cfb1f143895.pdf

The fact that Colón is running second and not running stronger can be directly attributed to the Torrez negative campaign ads that have taken a toll. Colón may have reported $911,000 in cash on hand to Torrez’s $382,000, but it’s likely the money gap will also be closed by Torrez because when you lead in the polls, fundraising becomes a lot easier, especially when you have the backing of a United States Senator interfering in a primary race.

The race between both Colón and Torrez was bound to be hard fought in that both have expressed they are interested in eventually becoming Governor or going on to serve in congress. Both State Auditor Brian Colón and District Attorney Raúl Torrez are well-funded and their personal attacks on each other will likely continue until election day.

Notwithstanding the KOB poll results and the Albuquerque Journal profiles, the race for attorney general is considered a tossup. For that reason, you can expect much stronger, hard-hitting ads from Colón and Torrez.

New Mexico’s National High Unemployment Rate Of 5.3% Offset By 12% Projected Increase In New Job Creation

According to the New Mexico Department of Workforce Solutions New Mexico’s seasonally adjusted unemployment rate was 5.3 percent in March, down from 5.6 percent in February and down from 7.2 percent in the previous year. The national unemployment rate in March was 3.6 percent, down from 3.8 percent in February and down from 6.0 percent in March 2021.

Following are the statistics provided by New Mexico Department of Workforce Solutions in its April 15 News Release:

“Total nonagricultural payroll employment grew by 48,300 jobs, or 6.1 percent, between March 2021 and March 2022. The majority of gains came from the private sector, which was up 43,500 jobs, or 7.0 percent.

The public sector was up 4,800 jobs, or 2.7 percent. Most private sector gains were in the private service-providing industries, which were up 34,600 jobs, or 6.6 percent, while the goods producing industries were up 8,900 jobs, representing an increase of 9.7 percent.

Eight major industry sectors reported over-the-year job increases. Leisure and hospitality experienced the largest employment growth with a gain of 20,100 jobs, or 26.0 percent, compared to the previous year.

Mining and construction employment rose by 6,800 jobs, or 10.4 percent.

The majority of gains were within the construction industry, which grew by 5,400 jobs, or 11.4 percent.
Mining employment was up 1,400 jobs, or 7.8 percent, over the year.

Trade, transportation, and utilities reported an increase of 5,700 jobs, or 4.3 percent.

Within the industry, retail trade was up 3,700 jobs, or 4.2 percent; wholesale trade was up 1,100 jobs, or 5.7 percent; and transportation, warehousing, and utilities was up 900 jobs, or 3.6 percent.

Professional and business services employment grew by 4,300 jobs, or 3.9 percent.

Miscellaneous other services, up 8.2 percent, manufacturing, up 7.7 percent, and education and health services, up 1.5 percent, each added 2,100 jobs.

Within manufacturing, durable goods manufacturing employment was up 1,500 jobs, or 10.1 percent, over the year.

Non-durable goods manufacturing was up 600 jobs, or 4.9 percent.

Within the education and health services industry, educational services was up 1,800 jobs, or 9.0 percent, and health care and social assistance was up 300 jobs, or 0.3 percent.

Financial activities was up 300 jobs, or 0.9 percent.

No major industry sector reported over-the-year losses. Within the public sector, employment in local government was up 4,100 jobs, or 4.4 percent.

Within local government, local government education was up 2,400 jobs, or 4.9 percent, and local government excluding education was up 1,700 jobs, or 3.9 percent.

State government was up 1,000 jobs, or 1.8 percent.

Within state government employment, state government education added 2,100 jobs, representing an increase of 8.8 percent. State government excluding education was down 1,100 jobs, or 3.5 percent.

Federal government reported a loss of 300 jobs, or 1.0 percent, from its employment level in March 2021”

https://www.dws.state.nm.us/Portals/0/DM/LMI/pr-pdf-0322.pdf

New Mexico’s unemployment may be the highest the country, but the figure is considered somewhat misleading by experts. The unemployment rate may be high now, but over the next year it will be impacted by the job creation that is also occurring in the various industries.

University of New Mexico Associate Professor of Finance Dr. Reilly White said that after reviewing the unemployment numbers, it is shocking to some but New Mexico takes longer to recover from dips in the economy compared to other states. White believes the number are actually good and had this to say:

“This is often it sounds surprising for many people, but this is very typical, often here in New Mexico. … What we are in right now is still very much a recovering economy. … We have recovered, we’re recovering jobs, and they’re increasing in sectors that were hit the hardest by the pandemic.”

Dr. White said because of New Mexico’s workforce structure and labor force structure, the state doesn’t fire as many workers as most of the rest of the country as they have a higher number of people who work in government-related occupations and said but bringing people on has been the issue. White said:

We fire slower, but we hire slower. And that means our recovery takes longer than other parts of the country.

The problem is finding people to fill those positions. so many companies still have plenty of help-wanted signs hanging outside of their establishments. Several people have left the workforce, relying on subsidies like increased food benefits and programs to help pay for utilities, but speaking to trend the restaurant association says things are coming back but not at the pace they would like.

“Slowly but slowly, you know, it’s really, it’s not coming back as fast as it should with people still on unemployment. We should have those people employed.”

https://www.krqe.com/news/new-mexico/new-unemployment-numbers-show-nm-ranks-1st-in-the-nation/

https://www.kob.com/albuquerque-news/new-mexicos-unemployment-rate-highest-in-the-nation/6428734/?cat=500

EMPLOYMENT IN NEW MEXICO IS PROJECTED TO INCREASE BY APPROXIMATELY 12%

According to the New Mexico Department of Workforce Solutions Labor Market Review, for February 2022:

“The number of unemployed New Mexicans in February 2022 decreased by 15,497 from the year before to 53,219. This is a decrease of 35,111 from the pandemic high of 88,330 in May 2020. There are currently more unemployed New Mexicans than before the pandemic, but unemployment levels have recovered faster than during the Great Recession.

For every month from January 2009 until November 2017, the number of unemployed New Mexicans was higher than February 2022. In February, both New Mexico’s labor force and seasonally adjusted employment saw over-the-month increases. The labor force increased by 2,713 since January 2022 and the seasonally adjusted employment increased by 4,929 over the same period. Since February 2021 the labor force grew by 8,616 and 24,113 New Mexicans became employed.”

OIL AND GAS INDUSTRY EMPLOYMENT NUMBERS

“In December 2021, New Mexico was the nation’s second-largest oil-producing state, after Texas. New Mexico produced about 1.4 million barrels per day of crude oil, or about 11.8 percent of all crude oil in the United States. That same month, New Mexico produced about 5.8 percent of the nation’s total natural gas, the nation’s 7th top gas producing state. … The oil and gas extraction industry and the support activities for mining industry employed about 15,000 workers in the second quarter of 2021. Although this constitutes only 1.9 percent of total employment, the concentration of oil and natural gas workers is higher in New Mexico compared to other states.

Using the location quotient (LQ ) to measure occupational specialization, the LQ of workers in oil and gas extraction in New Mexico was 6.0 in 2020. … This means that the share of oil and gas extraction employment in New Mexico was 6 times that of the U.S average. Other states with very large employment shares in oil and gas extraction include Alaska (11.9), Wyoming (11.7), Oklahoma (9.5), North Dakota (7.3), and Texas (6.2).

The concentration of workers in support activities for mining was 9.2 in 2020 in New Mexico, the 4th highest in the country, after North Dakota (15.5), Wyoming (13.6) and Alaska (9.3). Workers in the oil and gas industry typically earned more than the statewide average. In 2020, workers in oil and gas extraction earned an average weekly wage of $2,233, more than twice the statewide average for all industries of $968 (Exhibit 4). Workers in support activities for mining earned an average of $1,361 a week, almost one-and-a-half times that of the statewide average.”

The link to the quoted source materials are here:

New Mexico Labor Market Review, February 2022

https://www.dws.state.nm.us/Portals/0/DM/LMI/LMR_2022_Feb.pdf

ECONOMIC AND WORKFORCE ANALYSIS

In February, the New Mexico Department of Workforce Solutions issued its Economic and Workforce Analysis. New Mexico Department of Workforce Solutions produced industry employment projections for nearly 100 industry subsectors. Growth in educational services, with just one subsector, educational services, leads growth in all other subsectors, primarily due to its size.

Three of the four health care and social assistance subsectors are found within the top six subsectors projected to grow the most and the top 5 projected to grow the fastest with the subsectors meeting both criteria.

Three retail subsectors are projected to experience significant employment increases, with the building material and garden equipment and supplies dealer’s subsector projected to grow the fastest at 35.9%.
The 4 subsectors comprising accommodation and food services and administrative and support and waste management and remediation services , listed as administrative and support services in the corresponding charts, are also listed.

Within accommodation and food services, employment in the food services and drinking places subsector is projected to grow by over 21%. The waste management and remediation services subsector in administrative and support services is projected to grow by 26.8% .

12% PROJECTED INCREASE IN NEW JOB CREATION

According to the economic and workforce analysis, overall employment in New Mexico is projected to increase by approximately 12% between 2012 and 2022, or approximately 101,610 jobs rounded off.

Upwards of 35% of annual openings, or 10,780 job openings, are anticipated to be new openings driven by increased demand. The remaining 65% of annual openings, or 19,760, are projected to be openings from replacement needs, as employers replace workers leaving the occupation including retirements or occupational change.

Employment growth in each of four industries of health care and social assistance, educational services, accommodation and food services and retail trade is projected to comprise over 10% of net growth over the projection period. Following is the breakdown in each of the 4 major industries:

Health care and social assistance: 29,490 more jobs projected , representing 29.0% of net projected growth.

Educational Services: 18,430 more jobs projected, representing 18.1% of net projected growth;
Accommodation and Food services: 16,030 more jobs projected , representing 15.8% of net projected growth

Retail Trade: 10,930 more jobs projected, representing 10.8% of net projected growth.

The link to the quoted source material is here:

https://www.dws.state.nm.us/Portals/0/APPENDIX_II-Economic_and_Workforce_Analysis.pdf

COMMENTARY

Elected and government officials always wring their hands, worry and complain about unemployment, especially in an election year, such as 2022, when their own jobs are at stake and they have to face voters. Although New Mexico’s does indeed have the highest unemployment rate in the country, that number is offset by the State’s job creation. Both go hand in hand, and at this point next year, it’s likely the State’s unemployment rate will be down, at least that’s what the politicians are hoping.

Legislative Finance Committee Program Evaluation Reports Albuquerque Public School System Failing Students; Confirms State National Rankings

On April 27, the New Mexico Legislative Finance Committee’s program evaluation team issued its 64 page “Program Evaluation for the Albuquerque Public Schools”. Legislative Finance Committee (LFC) does periodic reviews of the state’s public schools and the report about the district is the first conducted since 2007. A formal presentation of the entire report was made to the 9 member Legislative Finance Committee at the capitol on April 7. You can read the entire report at this link.

https://www.nmlegis.gov/Entity/LFC/Documents/Program_Evaluation_Reports/Program%20Evaluation%20-%20Albuquerque%20Public%20Schools,%20April%202022.pdf

EDITOR’S NOTE: The postscript to this blog article contains edited highlights of the LFC’s program evaluation report.

LFC PRESENTATION

On April 27, lead LFC program evaluator Katie Dry told the 9 member New Mexico Legislative Finance Committee that APS is the state’s largest school district, responsible for educating nearly a quarter of New Mexico students and is given nearly 25% of the state’s public education budget. She told the committee:

“Despite more funding, and fewer students, student outcomes in the district remain low and are getting worse. So what happens in the district in terms of funding and enrollment and student performance has important implications for the rest of the state.”

APS Superintendent Scott Elder said the evaluation “highlighted some realities” for the district. Elder also noted some were not news and that progress has been made on some of the issues like eliminating hundreds of vacant positions and moving staff around.

APS Superintendent Scott Elder told the committee:

“We understood we were going to be reviewed, and that they would find things that we would have to address. … We understand our role in the state to improve the state outcomes, and we look forward to working with you to make improvements in the state because there are some things that you know, and we know that need to be changed.”

Elder acknowledged that per-pupil funding has increased, but said that so has inflation and mandatory salary increases. The district is short around $22 million for salary increases when factoring in raises for federally-funded employees, he said, adding that it would be potentially “fiscally irresponsible” to use funds set to expire in the coming years for recurring expenses.

SOBERING STATICS

Albuquerque Public School enrollment declined 17% over the past decade, driven by lower birth rates and growth at charter schools. Meanwhile per-student funding increased by 49% and achievement gaps between low-income and other students in reading and math widened in Albuquerque more than in the rest of the state. The report also documented rising facility costs and a 21% increase in learning space, even as enrollment dropped.

During the April 27 presentation before the Legislative Finance Committee, lead LFC program evaluator Katie Dry told the 9 member Committee that the Albuquerque Public School (APD) System should cut staff in its K-12 schools and downsizing its footprint because of dwindling enrollment. The committee was further told that APS should spend more for the education of low-income students who have fallen further behind their peers during this school year.

WORKFORCE AND SCHOOL FACILITIES

According to the LFC program evaluation report, under the school funding formula for 2022, APS schools are suppose to have 8,753 full-time employees, but actually have 9,169. The district had 492 more K-12 teachers than the formula called for but 357 fewer special education teachers and educational assistants than recommended.

One spending area that needs to be addressed includes a workforce that over the last 10 years has only gone down by 3%, despite an enrollment drop of 17% during that time frame. Funded but unfilled positions also play a role in apparent deficits.

The LFC report states:

“[Kindergarten classes have seen the] greatest decline of any grade of 2,700 students since 2012. Dwindling enrollment in such lower grades, along with faltering birth rates will mean further enrollment declines in coming years. … APS is faced with a challenge of adjusting its workforce and physical infrastructure to the reality of its declining student population.”

LFC evaluators said the majority of kindergarten through sixth grade, or 60% to 74%, of classes and grade levels were enrolled below capacity, providing “opportunities for consolidation.” Evaluators said as an example, APS could tackle both under-enrolled elementary school and sixth-grade classes and overstaffing by combining classes and cutting teaching positions by around 42.

DOWNSIZING RECOMMENDATION

The Program Evaluation report recommends that APS Albuquerque Public let go 400 of the district’s 12,000 employees, but did not go so far as to specify how many of the district’s increasingly empty schools it should close. The school district has 144 schools and 73,000 students, down from 85,000 six years ago.

Public schools in New Mexico have not recovered from the exodus of students that accelerated during the pandemic. Student enrollment across the state and in Albuquerque is down 4%, more than the average of 2.6% that exsists for 41 U.S. states. Thousands of families in New Mexico amid the pandemic tried homeschooling or charter schools for the first time and didn’t send their kids back to classrooms this year. Despite getting financing federal pandemic relief funds, most school districts across the U.S. now have fewer students and less funding than before the pandemic, forcing educators to consider cutting spending.

The LFC’s Program Evaluation said APS should prioritize filling special education positions and offer bonuses to teachers in high-need positions at schools serving greater numbers of low-income students. According to the report, the district currently has more than 600 job openings listed, many for special education instructors.

Complicating the problem is that many APS teachers are expected to retire this year. Albuquerque Teachers Federation President Ellen Bernstein said APS is already transferring eachers from emptier schools to fuller ones. She said uncertainty over who will be moved and when is causing “incredible stress” for teachers. Bernstein did give the district credit for transferring teachers now instead of during the fall, when transfers normally happen. Earlier transfers are better for students and staff, Bernstein said.

The LFC report said the district’s low-income students are learning, but their advancement in reading and math is much slower than their more privileged peers. Higher rates of absenteeism for the district’s students and fewer learning days are part of the problem. This year, 36% of Albuquerque’s students missed at least 10 days of school, including excused absences for illness or sports, compared to 30% of students statewide. In response to the absenteeism problem, the New Mexico Legislature allocated $46 million in funding for APS to fund extra learning days. Schools are still deciding if they’ll take the money, and many are expected not to because teachers and parents want long summers.

APS BOARD REJECTS FUNDING

According to the LFC program evaluators, adding classroom time could allow for more staff professional development, along with improving student test scores and college readiness. However, APS declined the funding. On April 6, APS board members rejected a proposal to implement extended learning time and the elementary-geared Transformational Opportunity Pilot Schools model, which would have added extra days and hours, across the district. They cited community disapproval as factors into their decision.

APS Superintendent Scott Elder responded to the rejection of the funding this way:

“For my teaching staff, a lot of it was just ‘we’re tired, we’re burnt out — even (for) 10 days extra. … This is probably the first time in education that I recall teachers saying ‘enough, I won’t take more money, because I can’t do anything more. That’s unusual.”

Ellen Bernstein, president of the Albuquerque Teacher’s Federation, had this to say:

“We don’t have that buy-in, teachers are burnt out, and so if we can’t change the environment, we need to improve it and improve the way that we’re interacting with each other so that we’re recognizing that social-emotional piece within the staff as well.”

CLOSURE OF SCHOOLS

The LFC program evaluation report alluded to the closing of schools but Albuquerque Superintendent Scott Elder did tell to lawmakers that section of the report was “a bit of euphemism for closing schools.” Elder had this to say:

“Closing schools … is complicated, political and often harms the communities that need the most support. … If we shut schools, kids that live close to that school have to be transported to their new school, so we would have significant impacts on transportation.”

In a written response to the committee’s report, Superintendent Scott Elder said increased funding is often tied to salary increases and cannot be used to fund services for at-risk youth. He also pointed out that while overall enrollment is down, low-income and other at-risk students represent a larger share of the student population.

OVERESTIMATING SPENDING

The LFC Program Evaluation report states that APS “consistently overestimates” spending, particularly in general supplies and materials. According to the report, the average in overestimated spending between 2017 and 2021 was around $30 million in overestimated spending for each year. The evaluators said the district claims an “apparent deficit” every year, which partly stems from budgeted revenues being surpassed by spending assumptions that “actually don’t end up materializing.”

That’s allowed by the state Public Education Department as long as school districts can cover the difference with cash on hand but that rule contributes to the reported deficits. The LFC evaluators noted that districts realistically don’t use up all their cash on making up that gap. In fact, it was reported APS has kept its cash balances in excess, consistently surpassing its target of 5% of operational spending since 2014. In 2021 it had $11 million more than its 5% target.

The LFC Program report noted that APS has said since 2019 that it should craft a 5 year plan to manage its finances amid projected drops in enrollment and funding, APS has not done such a plan. Finance management plans are common for other large New Mexico districts even though they are not required by law. District officials have announced that cuts are needed and asked parents and staff to offer ideas to reduce costs in recent months.

OVERSIGHT OF OUTSIDE CONTRACTS

The LFC Program report credited Albuquerque Public Schools for increased oversight of outside contracts ranging from face masks to learning software, potentially cutting down on fraud and waste. It also recognized the district for having low administrative spending of about 4%, on par with districts of its size nationally. In 2021, a former APS employee and former member of the state legislature [Sheryl Williams Stapleton] came under criminal investigation for procurement violations. She resigned both her employment with APS and her position with the New Mexico Legislature and the criminal case is still pending. In response, the district strengthened existing policies and procedures and introduced new ones.

TEACHERS REACT TO REPORT

Ellen Bernstein, president of the Albuquerque Teacher’s Federation believes the report is the LFC coming down on APS to force them into extended learning, something the district has already voted on. She had this to say to say about the LFC’s report and the closure of schools:

“I think if the teachers who are teaching all day had read that report, they would have been really upset because they are already cutting staff in schools. … It is very emotional when a school is closed. It means that some kids can’t walk to school. Kids have to stay on the bus longer. Teachers have to move to a new teaching environment, move all their stuff. Neighborhood schools are important to families. We should not close them. I think what would be refreshing is if the staff of the LFC made a recommendation to fully and permanently fund our public schools and to listen to the educators who are the experts about what would make the biggest difference for our students.”

The links to quoted news source materials are here:

https://www.kob.com/albuquerque-news/report-albuquerque-should-shrink-public-schools-cut-jobs/6457212/?fbclid=IwAR1HtWq8dEPPttVuouxbHqSz3NJuprm03UQaO9Nm8MZOcE7ylQAj4o1bDc8#.YmoER1Zj-Ts.facebook

https://www.koat.com/article/lfc-recommends-aps-cut-jobs-close-schools/39843295

https://www.abqjournal.com/2493681/aps-funding-spending-has-increased-while-enrollment-has-declined.html

KIDS COUNT DATA BOOK

On January 19, 2022, the New Mexico Voices for Children released the 2021 Kids Count Data Book. The annual “Kids Count” data book is prepared by the Annie E. Casey Foundation. The Casey foundation is a nonprofit based in Maryland focusing on improving the well-being and future of American children and their families. It assesses how New Mexico children are faring in a number of areas including economic well-being, education, health, and family and community. The “Kids Count Data Book” is a 90 page document with an extensive number of tables, graphs charts and statistics listing and counties in the state.

The links to the Kids Count Data Book is here:

https://www.nmvoices.org/wp-content/uploads/2022/01/KidsCount-DataBook2021-FINAL.pdf

https://www.nmvoices.org/archives/16481

NEW MEXICO’S EDUCATION RANKINGS AND PERCENTAGES IN A NUTSHELL

As the old saying goes, what happens in Albuquerque directly impacts the rest of the State. Education is no different. Albuquerque Public Schools (APS) is responsible for educating one-quarter of public-school students statewide. APS accounts for a similar percentage of the New Mexico public education budget. Therefore, the state’s education ranking merit review.

EDITOR’S NOTE: The term “child” refers to the age group from birth through 17 years. Poverty is defined as those living at or below the federal poverty level (FPL). The FPL for a family of three was $21,720 in 2020, the year the most recent data were collected.

Following are New Mexico’s rankings in the nation gleaned from the 2021 Kids Count Data Book as it relates to education:

50th in the nation for education.
29th in the number of young children not enrolled in school.
45th with children living with families where the head of the household lacked a high school diploma.
49th in the nation for eighth grade math proficiency.
50th in the nation for fourth grade reading proficiency.

Following are the state’s percentages gleaned from the 2021 Kids Count Data Book:

76% of New Mexico’s fourth graders are not proficient in reading.
79% of New Mexico’s 8th graders are not proficient in math.
25% of New Mexico’s high school students do not graduate on time.
9.3% low birth weights for children born in New Mexico.
14% of New Mexico children live in families where the household head lacks a high school education or 69,000 children.

Following are the narratives on the major findings of the Kids Count Data Book for 2021 when it comes to the education categories:

EDUCATION

Between 2018 and 2019, the number of young children not enrolled in school decreased slightly, bumping our national ranking up from 30th to 29th. However, New Mexico’s rate of young children not enrolled in school has not changed much over the long term and is actually only slightly better than it was in 2009.

While the state is continuing its planned rollout of the NM Pre-K program, insufficient funding for the child care assistance program over the last several years has meant that fewer families have been able to afford child care in a setting that is education oriented. While an influx of federal COVID-19 relief has allowed policymakers to make improvements and increases in some areas, these improvements will need to be sustained and made permanent after one-time federal money is spent to adequately address the pressing needs in this policy area.

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FOURTH GRADE READING PROFIENCY

This Measures the percentage of fourth graders who scored below proficient in reading as measured and defined by the National Assessment of Educational Progress (NAEP). Children need to be able to read proficiently by fourth grade in order to be able to use their reading skills to learn other school subjects. In fact, kids who are not reading at grade level by this critical point are more likely to drop out of school and less likely to go to college. New Mexico ranks 50th in the nation in fourth grade reading proficiency.

The state had been making progress in this indicator, but this marked the first year since 2009 that the rate of students reading below proficiency increased. Reading proficiency is a crucial element of scholastic success, but in New Mexico, 76% of our children are not proficient in reading by the fourth grade. As has been the case in the past, boys, children of color, and children from families earning low incomes have proficiency rates that are below the state average in fourth grade reading.

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EIGHTH GRADE MATH PROFIENCY

This Measures the percentage of eighth graders who scored below proficient in math as measured and defined by the National Assessment of Educational Progress (NAEP). Math proficiency by the eighth grade is necessary for students to do well in high school math courses and attend college. As more and more jobs in today’s increasingly high-tech work environment depend on science, technology, engineering, and math skills, students not proficient in math are at a real disadvantage. New Mexico ranks 49th in eighth grade math proficiency. The 79% of New Mexico eighth graders who are behind in math are likely to struggle in high school and college math courses.

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HIGH SCHOOL GRADUATION RATES

One-quarter of New Mexican high schoolers do not graduate on time. This rate is significantly worse than the national average of 14%. For the sixth year in a row, New Mexico is ranked 50th among the states on this indicator. Though New Mexico continues to rank very poorly on this measure, the state has made improvements in this indicator over the long term, going from 35% of students not graduating on time in 2009 to 25% not graduating on time in 2019.

The biggest improvements in this indicator over that time period were seen among Native American and Hispanic students. Graduating on time is important because those who don’t are more likely to drop out altogether and those who don’t dropout are less likely to go on to college. Adults without a high school diploma are more likely to be employed in low-paying jobs, not have benefits like paid leave and health insurance, and have higher unemployment rates than those with higher levels of educational attainment.

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A link to a related blog article is here:

https://www.petedinelli.com/2022/03/07/2021-new-mexico-kids-count-data-book-report-on-economic-well-being-education-health-and-community-of-new-mexicos-children-solutions-offered-funding-enacted/

YAZZIE V. STATE OF NEW MEXICO AND MARTINEZ REVISITED

On Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton 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. The consolidated lawsuit was filed by the New Mexico Center on Law and Poverty and the Mexican American Legal Defense and Education Fund.

The Yazzie/Martinez lawsuit, brought on by a coalition of parents, students, lawmakers and others in 2014, charged New Mexico had not done enough to address the needs of Native Americans, English-language learners, disabled and low-income students. The Plaintiffs argued that the New Mexico public schools were inadequately funded. All those student groups typically lag behind Anglo students when it comes to math and reading proficiency. While the court ruling did not apply a price tag to its mandate, it said New Mexico has to begin providing remedies for that problem.

In a 75-page decision, the Court ruling centered on the guaranteed right under the New Mexico Constitution to a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities. The court rejected arguments by Governor Susana Martinez’s administration that the education system is improving and for that reason it does not need more funding. The Court found that the New Mexico Public Education Department (PED) did not do the best it could with the funding it has given by the legislature to the education system.

WHAT THE STATE IS DOING TO TURN THINGS AROUND

The biggest accomplishments of the 2019 Legislative session were the dramatic increases in public education funding, creation of the Early Childhood Department (CYFD), the mandates to Children, Youth and Families and Public Education departments, not to mention raises for educators and increasing CYFD social workers by 125 were clearly the biggest accomplishments of the 2019 Legislative session.
It was almost 2 years ago on July 1, 2020 that the Lujan Grisham administration launched its new Early Childhood Education and Care Department (ECECD).

The new department is charged with preparing children for school, promoting healthy families and developing a labor force to carry out the agency’s work. Creation of the new department was a major priority of Governor Lujan Grisham during the 2019 legislative session where it won approval. The agency formally began operation on July 1, the start of the 2021 fiscal year. About 270 employees from other departments were transferred into the new one. The sponsors of the legislation were Democratic Senator Michael Padilla of Albuquerque and Representative Linda Trujillo of Santa Fe.

New Mexico is 1 of just 4 states with a stand-alone department dedicated to services targeting children through age 5. The initial operating budget for the new department was $419 million for the 2020-2021 fiscal year. The new department is tasked with overseeing the state’s growing investment in prekindergarten, home visiting programs for new parents, childcare and similar services that previously were scattered across several departments. One of the key goals is to better coordinate the state’s network of early childhood services by housing them in one department rather than having them overseen separately by other departments.

2022 LEGISLATIVE FUNDING

During the 2022 New Mexico Legislative session, a trio of bills to fund programs to help Native American students succeed in school were enacted. The house bills provided more than $70 million to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.

On bill appropriated $20 million from the state’s general fund to the Indian Education Act to provide educational funding for tribes starting July 1, 2024. That money will be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system. A Legislative Education Study Committee report says if the bill becomes law, each of the state’s 23 tribal entities would receive $547,826 per year.

A second bill appropriated $21.5 million to help tribal education departments develop learning plans and programs for students, extend learning opportunities and support tribal school libraries. That bill also would take effect July 1, 2024. Each tribe and pueblo would get $250,000 a year, with the exception of the Navajo Nation, which would get $500,000, according to the bill’s fiscal report.

The third bill was aimed at higher education. It appropriates $29.6 million to four state colleges and three tribal colleges for 53 initiatives, such as building a Native American teacher pipeline and expanding high school-to-college programs to encourage those students to attend college. The bill’s fiscal impact report says it is assumed the bill would go into effect 90 days after the last day of the Legislature once Gov. Michelle Lujan Grisham signed it into law.

The link to quoted news source material is here:

https://nmpoliticalreport.com/2022/02/01/bills-to-address-yazzie-martinez-court-ruling-advance%ef%bf%bc/?mc_cid=21ff84b79b&mc_eid=d03b0979c3

COMMENTARY AND ANALYSIS

There is no getting around it. The New Mexico Legislative Finance Committee’s “Program Evaluation for the Albuquerque Public Schools” is as depressing as it gets when it comes to the city’s educational system. The problem is that it should come as no surprise when you take into consideration New Mexico’s national ranking when in comes to education as found in the 2021 Kids Count data book.

Four troubling findings in the Legislative Finance Committee Program Evaluation Reports Albuquerque Public School System merit repeating:

1. Albuquerque Public School enrollment has declined by 17% over the past decade, driven by lower birth rates and growth at charter schools

2. Per-student funding increased by 49% yet achievement gaps between low-income and other students in reading and math widened in Albuquerque more than in the rest of the state.

3. The report also documented rising facility costs and a 21% increase in learning space, even as enrollment dropped. The school district has 144 schools and 73,000 students, down from 85,000 six years ago.

4. APS schools are suppose to have 8,753 full-time employees, but actually have 9,169. The district had 492 more K-12 teachers than the formula called for but 357 fewer special education teachers and educational assistants than recommended.

APS and for that matter, the Albuquerque Teacher’s Federation are very consistent in complaining about the need for more funding and resources. Both can condemn the LFC report all they want, but that will not solve anything. APS is once again at a cross roads and must face the harsh reality that more and more funding is no solution for dramatic declines in enrollments nor poor achievement in the math and reading proficiency. For the sixth year in a row, New Mexico is ranked 50th among the states in graduation rates.

APS and the Albuquerque Teacher’s Federation have a long way to go to get their job done in educating our youth. The first step is assessing the real reasons why they are not getting the job done with the resources they have been given.

_________________

POSCRIPT

Highlights of the Program Evaluation Report for APS gleaned and edited from the report are as follows:

Albuquerque Public Schools (APS) is responsible for educating one-quarter of public-school students statewide. APS accounts for a similar percentage of the New Mexico public education budget. The district drives statewide trends in funding, enrollment, and performance.

Over the last decade, demographic changes reduced enrollment by nearly 17 % to 72.5 thousand in fiscal year 2022 [which ends June 20, 2022] while per-pupil funding for APS from the state equalization guarantee (SEG) funding formula grew by 49% to $9,919. The long-term trend in declining enrollment, worsened by the pandemic, will require the district to accelerate its efforts to adjust its workforce and physical infrastructure while also addressing increased building repair needs.

While operational spending has gone up between 2012 and 2021 by $126 million, or 21%, enrollment has dropped by 17% over the last decade. This statistic is cited repeatedly in the report. State funding has also gone up during that time, by $136 million, or 23%.

Despite more funding and fewer students, student outcomes remain low. Only 20% of APS students were proficient in math and 31% in reading in 2019. The over 51 thousand low-income students in APS show larger achievement gaps than low-income students statewide.

High school graduation rates, while improving, continue to lag national averages and college enrollment and readiness are declining. The Covid-19 pandemic exacerbated these challenges: more students and teachers left the district, chronic absence rose, and significant unfinished learning needs to be addressed.

New data from mid-year assessments in APS elementary schools showed both lower proficiency and slowed growth in proficiency compared with results from before the Covid-19 pandemic. Low-income students, already starting behind their peers, experienced limited growth in proficiency.

Improving student outcomes will require increased use of effective programs and practices including extending learning time and improved professional development. In fiscal year 2021, there was $57 million in available state funds that could have been used by the district for these purposes, including untapped funding for K-5 Plus and extended learning time programs and excess cash balances.

Unprecedented levels of federal, pandemic-related funding totaling $359 million also present a unique opportunity for APS to respond to the Covid-19 emergency and make meaningful investments in positive change. A separate and pressing challenge to the district lies in the need for stronger oversight practices. The district strengthened procurement procedures in response to a recent criminal investigation against a former legislator and APS employee. Additional opportunities remain, including broadening the focus of the internal audit unit.

KEY FINDINGS

[APS has steadily lost students for a number of consecutive years and currently has 400 more teachers and staff members than it should.]

Reduced enrollment requires increased efficiencies in workforce and facilities. Falling birth rates and increased enrollment in Albuquerque charter schools are driving down enrollment in APS schools.

As enrollment declined 17% from Fiscal Year 2012 through Fiscal Year 2022, the total APS workforce dropped by just 3%. APS has taken some steps to reduce expenditures, but more action is required.

[The dropping enrollment at APS has been driven by falling birth rates, down by 24% between 2010 and 2020. On the other hand, there has been climbing enrollment in state and local charter schools in Albuquerque, up by 6,300 students since 2012.]

The LFC reported found that the majority of kindergarten through sixth grade, or 60% to 74%, of classes and grade levels were enrolled below capacity, providing “opportunities for consolidation.”

[While operational spending has gone up between 2012 and 2021 by $126 million, or 21%, enrollment has dropped by 17% over the last decade.]

[State funding has also gone up during that time, by $136 million, or 23%.]

67% of APS students in APS were counted as “at-risk” in 2022 which resulted in an allocation of $71.6 million in state funds. “At-risk” students include low-income and English learner students.

District students, and low-income students in particular, according to mid-year assessments, have seen slowed growth in proficiency compared with pre-pandemic rates.

Evaluators noted that high-school graduation rates are improving but still lag behind national averages.

Most APS elementary school grades and classes are currently enrolled below statutory maximums, presenting opportunities for consolidation.

The district’s total square footage grew while enrollment shifted across the city, amidst an overall decline.

In the last five years, building repair needs have grown , as measured by the state facility condition index, and schools with more low-income students have older buildings and tend to need more repairs.

APS relies on local funding for capital improvements and has little opportunity to participate in the state public school capital outlay system.

School property has also increased by 21% since 2012 while enrollment has “shifted across the city.”

Schools with more low-income students have typically had a higher need for buildings to be fixed, despite the district prioritizing capital funds for them.

Low and declining student outcomes require increased effective practices. Student outcomes in APS need improvement.

The district has low proficiency rates, large achievement gaps, lower post-pandemic learning growth, lagging high school graduation rates, and falling college enrollment and readiness. APS has opportunities to use available state funding for effective programs that add days to the year and improve outcomes, particularly for at risk students.

But some teacher and parent concerns remain a barrier. To improve teaching practice, the district could provide more evidence-based professional development on analyzing student data to improve outcomes, collaborating with colleagues in a sustained manner, and better serving the district’s large proportion of students with disabilities.

There are multiple resources available for these purposes, including federal pandemic funding, state funding for at-risk students, and excess cash balances within the district. APS recently strengthened oversight but opportunities remain to improve district practices.

In 2021, a former APS employee and former member of the state legislature [Sheryl Williams Stapleton] came under criminal investigation for procurement violations. [She resigned both her employment with APS and her position with the New Mexico Legislature and the criminal case is still pending.] In response, the district strengthened existing policies and procedures and introduced new ones.

Additional opportunities remain, such as broadening the focus of its internal audit unit and providing more business technical assistance for charter schools. The district was required to strengthen other policies relating to children with disabilities in response to a Public Education Department (PED) corrective action plan.

KEY RECOMMENDATIONS

The report made the following key recommendations to improve the Albuquerque Public Schools:

• Adjust the size of the workforce to its student population;
• Implement K-5 Plus and continue to expand Extended Learning Time Programs, using both state and federal pandemic funds;
• Consider a pay differential or other financial incentives for hard to staff positions in high-needs schools;
• Spend more of budgeted funds on high-quality, sustained professional development that instructs teachers on how to use data to guide instruction; and • Diversify the types of funds internally audited by APS each year.

https://www.nmlegis.gov/Entity/LFC/Documents/Program_Evaluation_Reports/Program%20Evaluation%20-%20Albuquerque%20Public%20Schools,%20April%202022.pdf