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

The contest for the Democratic nomination for New Mexico State Attorney is between first term New Mexico State Auditor Brian Colón and two-term Bernalillo County District Attorney Raúl Torrez. Colón has served as state auditor since winning a four-year-term in 2018 and is the former head of the state Democratic Party. Torrez is a former federal prosecutor who was elected to a second 4-year term as District Attorney in 2020. Republican lawyer Jeremy Gay will face the winner of the June 7 primary election.

On May 9, a one-hour debate occurred on KRQE-TV. The debate was spirited. Both candidates engaged in highly personal attacks.

Torrez faulted Colón as a “career politician” who lacks “experience in public safety.” Torrez said of Colon:

“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.”

The “Reputable presumption” legislation was where a defendant who is charged with a violent crime is presumed to be a threat to the public and should be jailed until pending trial without bond or any conditions of release.

Colón for his part call out Torrez for his “failed prosecution rates” and said this about Torrez:

“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.”

EDITOR’S NOTE: In 2017, District Attorney Raul Torrez and Albuquerque Mayor Tim Keller wrote a joint letter to the New Mexico Supreme Court requesting it to intervene and stop the plans of 2nd Judicial District Court to shift away from the use of grand jury system to a preliminary hearing system. Torrez accused the District Court of being the cause of the city’s high crime rates by dismissing cases. The District Court responded by providing an extensive amount of statistics, bar graphs and pie charts to the New Mexico Supreme Court. The statistics prepared by the District Court revealed the Bernalillo County District Attorney’s Office under Raul Torrez has a 65% combined dismissal, acquittal and mistrial rate with cases charge by grand juries.

HIGHLIGHTS OF DEBATE

Major topics of the debate included the following subjects and the candidate responses:

VIOENT CRIME

Raul Torrez said to bring down violent crime we need to gather stakeholders inside the criminal justice system and breakdown the barriers to communication that exists. He proclaimed that his office had partnered with a local firm to implement advanced data analytics to deal with crime in real time and to exchange the data between law enforcement as crime is unfolding. He advocated for more diversion programs, drug addiction treatment and more mental health programs targeting low level offenders to allow concentration on violent criminals.

Brian Colón said we need to bring people together and said we have District Attorneys all over the state who are not communicating with each other. Colón said there is a need for a “multidisciplinary approach” to violent crime with cooperation amongst stakeholders noting that data collection is not enough. Colón said he believes in a multi-pronged effort to fighting crime. He said his leadership will provide a way to bringing key stakeholders together to consider solutions and he said he has a long track record and a reputation of doing just that. He also noted he has been working to rebuild the behavioral health system decimated by former Governor Susana Martinez.

REBUTTABLE PRESUMPTION

During the 2022 New Mexico legislative session, Torrez, along with Governor Michelle Lujan Grisham and Albuquerque Mayor Tim Keller, unsuccessfully pushed legislation that would change pretrial detention release of alleged violent offenders with a “rebuttable presumption” of being violent to hold those charged with a violent crime until trial. It would have shifted the burden of proof to the defendant to show they are not violent.

Raul Torres charged that the pretrial detention system of release is not working and it needs to be fixed. He said “rebuttable presumption” is the way to fix the pretrial detention and prevent the release of the most violent criminals. He has also said the criminal justice system is a “revolving door”. Torrez chided the legislature for coming up with data that justified a broken pretrial detention release system. Torrez vowed to try again during next year’s 60-day session for changes to pretrial detention and allowing for “rebuttable presumption.”

Brian Colón said “absolutely” he is in favor of some sort of pretrial detention reform. He said he believes in a multi-pronged effort to fighting crime, including pretrial detention reform, but said leadership is important to bringing key stakeholders together to consider solutions, adding, “you can’t hang your hat on one piece [of legislation such as rebuttable presumption].” Colon said Torrez talked about big-name political support during the failed legislative fight for rebuttable presumption, but “if he had that support he should have been very embarrassed when he walked out of the Roundhouse [after the legislative session]”.

THE JACKSON WELLER MUDER BY DARIAN BASHIR

During the KRQE debate, the candidates were asked if the Attorney General’s office should prosecute more cases as a means of reducing crime. The question led to the most heated exchange between the candidates.

Brian Colón said that the Attorney General’s office should prosecute more cases where District Attorney’s “take a walk” and fail to prosecute. Colón took the opportunity to chide Torrez for refusing to meet with the family of violent crime victims which resulted in protests outside the DA’s Office. Colón said prosecutors have an obligation to met with the families of crime victims and explain why a case is not prosecuted. Colón made the commitment he would seek more resources for prosecutors throughout the state. He also said he would never refuse to meet with the family of victims of crime and he has never had anyone protest outside of his office for failure to meet with them and do his job.

Raul Torrez did not answer the question if the Attorney General should prosecute more cases. Instead, Torrez showed outrage and took Colón to task for airing an attack ad that included the murder of University of New Mexico 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.

Instead of taking any responsibility for his office’s mishandling of the Bashir case and expressing no regret, Torrez tried to turn the table on Colón and proclaimed that Colón had disqualified himself from holding office for airing the ad and using the image of a murder victim to campaign and raise money even after the victim’s father asked Colón to take the ad down. Colón responded with the fact that it was Torrez’s DA’s office that botched the prosecution of the Darian Bashir case and that the Torrez allowed an unlicensed attorney prosecute cases.

DRUG PROSECUTIONS

Since 2008, New Mexico has had some of the highest drug overdose rates in the United State. From 2008 to 2012, almost every county in New Mexico had a higher drug overdose rate than the entire country. Attorney General Hector Balderas sued pharmaceutical companies to combat the problem.

New Mexico now faces a new drug crisis with the synthetic drug fentynle. In 2020, the New Mexico Department of Public Health recorded 304 fentyle overdose deaths from January to November, a 135% increase over 2019. The candidates were asked who they would go after to stop fentynle distribution.

Saying that it’s a complex problem, Raul Torrez noted that his office takes many such drug cases through the federal law enforcement system because they are able to get better results and longer sentencings. Torrez said there is a need to tackle the problem from both the enforcement side and the consumption side. According to Torrez, more treatment resources are needed, especially for younger offenders.

Brian Colón said the fentynle crisis has been created by the pharmaceutical companies and the black market. Colón wants to continue to hold pharmaceutical companies accountable civilly as what has been done in the past few years by Attorney General Balderas, but Colón said he wants to take it a step further. He said there is a need to hold pharmaceutical companies liable criminally, which would include criminally charging corporate CAO’s with crimes. He said to do so, there must be a corroborative effort with federal and state authorities.

CRIME LEGISLATION

Both candidates were asked what is the most important and specific crime law that the legislature needs to enact.

Brian Colón said it must be a collective approach when it comes to individual crime laws. Colon wants to increase penalties for violent offenders. Colón said he especially wants to increase work, resources and focus on crimes against children. This would include requiring those who are convicted of sex offenses in other states and who move to New Mexico to also register here as well as sex offenders claiming that the registration is an “easy fix”. Colón also wants to make prosecution of internet crimes against children a major priority.

Torrez once again advocated and said the most important and specific crime law that needs to be enacted is “rebuttable presumption” and laws to fix the broken pretrial release system involving violent crime offenders. Torrez noted that there have been 7 families who had relatives killed by violent offenders who his office sought to detain but who were let out and not held pending trial allowing them to commit another violent crime. Torrez said the pretrial reform enacted by voters was never meant to be a get out of jail free card for violent offenders but was intended for low level non violent offenders.

ENFORCEMENT OF LAWS NOW THAT CANNABIS LEGAL

The candidates were asked with the recent legalization of cannabis in New Mexico, how they would help enforce laws, specifically “drugged driving”.

Torrez said there is a need to expand the number of “drug recognition experts” inside law enforcement agencies throughout the state. The challenge is that there does not exist the same testing technology for cannabis as with alcohol.

Colón acknowledged that he supported the legalization cannabis. He agreed with Torrez that the state must expand the number of drug recognition experts for law enforcement. He also said there is a big need to stop vending cannabis without a license.

The links to quoted news source material are here:

https://www.krqe.com/news/politics-government/elections/video-attorney-general-democratic-primary-debate-highlights/

https://www.abqjournal.com/2497382/torre-zcoloacuten-meet-in-state-ag-debate.html

COMMENTARY AND ANALYSIS

The Colón-Torrez debate was a remarkable and substantive contrast of the candidates and styles. Bernalillo County District Attorney Raul Torrez came across as an angry and self-righteous politician with a sense of entitlement while New Mexico State Auditor Brian Colon came across as a dedicated public servant.

Raul Torrez’s performance was cringe worthy and condescending when he accused Brian Colón of using the killing of Jackson Weller, calling Weller a “boy” when he was a grown man, and accusing Colón of using the killing to score political points and for campaign fund raising. This coming from the DA who botched the prosecution of the case of Darian Bashir who killed Jackson Weller and who has allowed an unlicensed attorney prosecute cases.

The Torrez attack on Colón that he is a “career politician” rings very hallow in that Raul Torrez himself is a career politician seeing as all the jobs Raul Torrez has ever held in his career have been political appointments and running for office. Torrez has made it a big deal that Colón has “never tried a case” while during his years running for DA and the last 5 years as District Attorney, Torrez himself has not tried a case. What Torrez has done with high profile pending cases in his office is to do press conferences instead of going to court himself.

Brian Colón came across as polished and informed showing he was well prepared. Colón’s attacks on Torrez where likely considered by many a little out of character given his positive, easy going, public relations persona. However, the attacks on Torrez were substantive, accurate and effective. “At the end of the day”, which Colón kept saying, Colón was viewed by observers as the winner of the debate.

Brian Colón has more at stake given that his term is ending at State Auditor while Raul Torrez will have two years left of his term as District Attorney should he lose the Attorney General’s race. Elected Attorney Generals have gone onto higher office including Toney Anaya who was later elected Governor, Jeff Bingaman who was later elected United States Senator and Tom Udall who was later elected United States Senator.

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 Raul Torrez are well-funded and their personal attacks on each other will likely continue until election day.

Whoever wins the Democratic Primary on June 7, 2022 will likely become the next Attorney General.

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.

One is called “living lots” and the other “safe outdoor spaces”. City sanctioned homeless encampments will be permitted in open space areas and “commercial, business park and manufacturing zones and in some mixed-use zones”.

LIVING LOTS

Albuquerque North East Heights Republican City Councilor Brook Bassan, District 4, is proposing new city zoning areas called “living lots” to deal with the city’s very visible homeless population.

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. Living lots would provide appointed spaces for people who may otherwise already be sleeping in parks, on sidewalks and in arroyos.

Living lots would have to include restrooms and handwashing stations, even if just portable units. The proposal would allow “living lots” in mixed-use and nonresidential zones. Property ownership would not be required. Charitable organizations or homeless service providers could lease open space property for living lots. The city could identify some of its own property or work with other public agencies, and even private landowners, to find locations.

No management plans, no rules, no regulations, no security and no fencing mandates would be required. Under the proposal, the city would bear responsibility for cleaning and maintaining.

BASSAN’S ADVOCACY FOR LIVING LOTS

In sponsoring the new zoning, Councilor Brook Bassan described “living lots” as “step one” in a services continuum and an easier-to-access option saying there is a need to make immediate headway on the City’s homelessness crisis.

During the May 2, city council meeting, Bassan said this about living lots:

“[This is a] low-cost, low-barrier compromise. … People are currently camping everywhere; people are currently defecating anywhere. People need help throughout our city. … We’re tired of it; we’re frustrated. They’re tired of it, they’re frustrated. … We’re finding that middle ground. If you want to live in a tent, some people just want to, you can live in a tent, but you can’t do it just anywhere.”

According to Bassan, living lots could ultimately require less manpower and resources than the city presently expends breaking up and clearing unsanctioned campsites throughout the city. She argues that living lots will be an inexpensive, temporary and easy action the city can take while completing such larger-scale initiatives as the Gateway Center shelter in Southeast Albuquerque.

Bassan contends that providing low-barrier campsites could make it easier for the city to enforce such laws as trespassing or loitering when people are sleeping at unauthorized sites because the city can offer an alternative.

During the May 2 meeting, mid – heights Democrat City Councilor Tammy Fiebelkorn, District 7, defended the morality of providing choices beyond a shelter saying some people living on the streets are still too traumatized to stay inside a shelter and said this:

“The answer for those folks is to find something that works for them that gets them away from parks, away from open space, and away from your alleyways. … That is the humane answer we keep talking about.”

The link to quoted source material is here:

https://www.abqjournal.com/2496433/councilor-proposes-living-lots-to-address-homelessness.html

SAFE OUTDOOR SPACES

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. This amendment to the IDO is sponsored by City Councilor Pat Davis. 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.

EDITOR’S NOTE: It was originally proposed that 5 sanctioned campsites would be allowed in each of the city’s 9 city council districts, or 40 total campsites, but that number has been reduced to one.

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.

LOCATION, LOCATION, LOCATION IN EACH CITY COUNCIL DISTRICT

A map prepared by the city detailing where “living lots” and “safe outdoor space” zoning would be allowed for encampments revealed numerous areas in each of the 9 City Council districts. Upwards of 15% of the city would allow for “safe outdoor spaces as a “permissive use” or “conditional use”.

The map reveals a large concentration of eligible open space area that lies between San Pedro and the railroad tracks, north of Menaul to the city’s northern boundary. The map does not account for religious institutions that may want to use their properties for living lots.

A link to the map prepared by the City entitled “Map 1 Council Districts Selected IDO Zoning” is here:

https://documents.cabq.gov/planning/IDO/2021_IDO_AnnualUpdate/Council/Map1_SafeOutdoorSpaces-A12-Option3.pdf

CORONADO PARK

Coronado Park is considered by many as the heart 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.

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/

BASSAN’S ABQ JOURNAL GUEST COLUMN

On Sunday, May 8, the Albuquerque Journal publish an editorial guest column written by Republican City Councilor Brook Bassan, where she wrote advocating for “Living Lots” and “Safe Outdoor Spaces”. Bassan wrote in pertinent part as follows:

“Our unhoused neighbors need help. Now. We agree something must be done. Albuquerque, like many other cities, is seeing a record number of people experiencing homelessness. Unsheltered people are everywhere in town. There are encampments in city parks, alleys, sidewalks and underpasses.

If we decamp folks from one spot, they end up at another, which is equally troubling. The cycle continues and repeats, obtaining no productive result for anyone. It’s a terrible situation for unsheltered people, a waste of resources for the city, a continual source of frustration for people living and working here.”

Because there are numerous reasons people are unhoused, we need numerous workable solutions. This is not a “one-size-fits-all” situation. Trauma, financial challenges, mental health illness, addiction, medical issues, unsupportive families and lack of job training are just some reasons for homelessness in our community. Seniors, adults, youth and children are experiencing homelessness. We need multiple, targeted solutions for different experiences.
…
[“Living lots” , “safe outdoor spaces” and “motel conversions for affordable housing”] … are stop-gap measures to stem the tide of homelessness, not ideal solution that fix everything for everyone. They may or may not work perfectly. If we need to make changes or cancel these, we will. The current situation is not working for anyone, so let’s try something new.”

The link to the entire Bassan guest column is here:

https://www.abqjournal.com/2496433/councilor-proposes-living-lots-to-address-homelessness.html

Bassan’s guest column failed to even attempt to identify the actual numbers of homeless in Albuquerque. She also failed to outline what the city is actually spending a year to help the homeless. Both the homeless numbers and what the city is spending merit review.

ALBUQUERQUE’S HOMELESS NUMBERS

The Department of Housing and Urban Development (HUD) defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” HUD defines “unsheltered homeless” as “those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.”

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD).

The most current PIT survey was conducted in 2021. On June 22, 2021, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless. The 2020 homeless count is 2.8% higher than in 2019 and 18.9% more than in 2017, despite the pandemic limiting the 2021 counting efforts.

The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.

Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition.

21% said they were homeless due to COVID.

37% were experiencing homelessness for the first time.

12% were homeless due to domestic violence.

30.19% of the homeless in Albuquerque self-reported as having a serious mental illness.

25.5% self-reported as substance abusers.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

CITY’S FINANCIAL COMMITEMENT TO HELP HOMELESS OR NEAR HOMELESS IN THE MILLIONS

According to the most current PIT annual report, there were 1,567 sheltered and unsheltered homeless people living in Albuquerque. The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations.

This past fiscal year 2021 ending June 10, 2021, the Family and Community Services Department and the Keller Administration have spent upwards of $40 Million by to benefit the homeless or near homeless. The 2021 adopted city budget for Family and Community Services Department provides for emergency shelter contracts totaling $5,688,094, affordable housing and community contracts totaling $22,531,752, homeless support services contracts totaling $3,384,212, mental health contracts totaling $4,329,452, and substance abuse contracts for counseling contracts totaling $2,586,302.

The link to the 2021-2022 city approved budget is here:

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

Mayor Keller’s 2022-2023 proposed budget significantly increases the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915. The 2022-2023 proposed budget for the Department of Community Services is $72.4 million and it will have 335 full time employees, or an increase of 22 full time employees.

A breakdown of the amounts to help the homeless and those in need of housing assistance is as follows:

$42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than last year.

$6,025,544 total for emergency shelter contracts (Budget page 102.), down $396,354 from last year.

$3,773,860 total for mental health contracts (Budget page105.), down $604,244 from last year.

$4,282,794 total homeless support services, up $658,581 from last year.

$2,818,356 total substance abuse contracts for counseling (Budget page 106.), up by $288,680 from last year.

The link to the proposed 244-page 2022-2023 budget it here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

$12 PER YEAR RATE HIKE PROPOSED FOR HOMELESS ENCAMPMENT CLEAN UP

The Albuquerque City Council is considering a proposal to raise residential trash collection rates by $1 per month to cover the rising costs of cleaning up unsanctioned homeless camps throughout the city. The trash collection increase would generate $2.2 million annually for the Solid Waste Management Department. Democrat City Councilors Klarissa Peña and Isaac Benton are sponsoring the rate-increase legislation at Democrat Mayor Tim Keller’s request.

The trash collection rate increase would raise a resident’s monthly cost for a trash bin to $18 from the current rate of $17. The rate increase would take effect on July 1, 2022 and the additional funding would go to the “Clean Cities Program.”

Solid Waste Director Matthew Whelan said the additional funding would cover 17 to 20 more employees to clean up after the city clears encampments in unauthorized locations such as parks. Whelan said the Solid Waste Department currently has two cleanup crews but the new revenue would allow a crew dedicated to each quadrant of the city and a floater crew. Whelan said this:

“Every day they would handle calls in that quadrant, because right now we kind of have two crews for the whole city and they go all over the city based on need. … These would be a more proactive approach on how to deal with the encampments. ”

The link to quoted news source material is here:

https://www.abqjournal.com/2496405/1-trash-hike-would-pay-for-camp-clean-ups.html

OBSCENE RATE HIKE

Given the fact that the homeless in Albuquerque are becoming more and more visible, it is clear that more than two clean-up crews are needed. A crew dedicated to each quadrant of the city and a floater crew is the pro active approach the city needs. What is not needed is a garbage rate hike increase.

What can only be characterized as obscene and financial mismanagement is Democrat Mayor Tim Keller requesting a $12 a year garbage rate hike increase and Democrat City Councilors Klarissa Peña and Isaac Benton going along with it in the middle of the 2023 fiscal year budget process and council hearings.

The City Counsels Committee of the Whole is conducting budget hearing on Mayor Tim Keller’s proposed $1.4 billion city budget that must be enacted on before July 1. The overall budget submitted for review and approval of the Albuquerque City council is for $1.4 Billion. $841.8 million represents the general fund spending and it is an increase of $127 million, or 17.8%, over the current year’s budget of $1.2 Billion. The general fund provides funding for city essential and basic services, including funding for the solid waste department.

With $127 million in new revenue in a $1.4 Billion dollar city budget, it is downright pathetic that Keller asks for a $12 a year garbage rate hike to generate $2.2 million annually for the Solid Waste Management Department so that it can clean up homeless encampments. The City Council needs to say no to the both the zoning changes and the rate hike and find the money within the proposed budget.

The 2022 proposed budget provides major funding to deal with the homeless including funding of $750,000 for proposed “safe outdoor and additional $200,000 for developing other sanctioned encampment programs. This $950,000 in funding should be used instead for homeless encampment clean ups.

Illegal homeless encampments are a law enforcement problem. One budget where the $2.2 million can be found would be within the Albuquerque Police Department (APD) budget. APD is the largest city budget out of 27 departments. The fiscal year 2023 proposed General Fund budget is $255.4 million, which represents an increase of 14.7% or $32.8 million above the fiscal year 2022 level. APD Chief Harold Medina told the city council during his department’s budget hearing that APD is projected to $12,390,000 in unspent sworn police salaries on June 30, 2023 the end of Fiscal Year 2023.

COMMENTARY AND ANALYSIS

When City Councilor Brook Bassan writes “Our unhoused neighbors need help. Now. We agree something must be done” she ostensibly is clueless as to what is now actually being done by the city and the large amount being spent to help the homeless, which is upwards of $114,0000,0000. Use of the term “unhoused neighbors” by Bassan was unfortunate and laughable when they are illegal “unwanted squatters”. When Bassan says “If we need to make changes or cancel these, we will” she has a gross ignorance of how the city’s zoning laws work. The city council can not simply reverse the decision to allow for “living lots” and “safe outdoor spaces” once a “conditional use” or “permissive use” is granted to an applicant and property owner.

Democrat City Councilor Tammy Fiebelkorn’s comments defending the morality of providing choices beyond a shelter saying some people living on the streets are still too “traumatized to stay inside a shelter” is misplaced. The comments reflect a level of naivete and ignorance. She assumes many of homeless are “traumatized”, when many are not, and all too many are just “squatters”. The city is in fact meeting its moral obligation to help the homeless with the city spending upwards of $114 Million with housing assistance vouchers, services and shelter for the homeless.

HOUSING THE MOST EFFECTIVE APPROACH

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 LAWS

Coronado Park at 4th Street and the Freeway has been 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. Government sanctioned encampments destroy neighborhoods and businesses and deprive others of peaceful use and enjoyment of their own property.

Too many elected officials like City Counselors Tammy Fiebelkorn and Brook Bassan 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.

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.

Both proposed zoning changes will be heard by the City Council on May 16.

The white peonies flower was my mother’s favorite flower, but I will get to that later.

Rose Fresques Dinelli was born on August 30, 1921 and she passed away on September 6, 1997 at the age of 76 after a five-year battle with breast cancer. Rose Fresques Dinelli left a legacy of love, family, character, compassion for others, and true courage in the face of adversity, struggles and even death. This is a son’s tribute to her.

On August 30, 1921 Rose Fresques was born in Chacon, New Mexico, and raised with 4 sisters and 3 brothers. Spanish was their first language. The family was “dirt poor” with the father Max Fresques being a “carpenter” by trade and a field laborer when he needed to support his family. When the depression hit, Rose remembered that her family would say “What depression, we’re already poor!”

During World War II, Rose saw her older brothers Fred and Alex Fresques go off to war and where they both saw action. During the war, Rose took off to California and worked on an airplane assembly line to help build US war planes. She worked as a “riveter” on the planed assembly line and she said she would laugh when people called her “Rosie the Riveter”.

“Harvey Girl’s” were trained at the Alvarado with dormitory facilities provided to young woman in need of work. A very young Rose Fresques Dinelli lived in the dormitory and was trained to be a Harvey Girl. Many years later, she would meet Paul Dinelli at the Alvarado Hotel. Rose and Paul were married and had 4 children, Vernon, Gail, Pete and Pauline. Paul went to a barber school in Denver, Colorado and returned to Albuquerque and built and opened a barber shop on 3rd Street north of Lomas in Albuquerque.

Rose returned to work as a waitress after Paul became seriously ill from a World War II service-connected disability. Rose was forced to close the barbershop in order to return to work. Rose initially supported the family of 5 on the minimum wage. Paul and Rose were married for 27 years before Paul passed. She never remarried. Rose Dinelli was a waitress for some 30+ years before she passed away on September 6, 1997 at age 76. Rose Dinelli passed away in the very same Mossman-Gladden home she had purchased with her husband Paul around 1962.

My mother Rose Fresques Dinelli supported a family of 5 and kept us together when my dad became 100% disabled from a WWII service-connected disability when I was around 12. Mother returned to work as a waitress working for minimum wage and tips to support the family. For a number of years, she had to work “split shits” from 11:00 am to 2 pm to work lunches and then working from 5:00 pm to 12:00 pm to work dinner hours.

My mother loved being a waitress for over 39+ years. Mother loved people and the restaurant industry! She was one of the most independent, hardworking, determined people I have ever known. Her family was everything to her. Sure, there was love, but just as important there was immeasurable respect for someone who sacrificed so much for her family. I have no doubt she lived the meaning of “woman’s liberation” many years before the term was ever coined. She was part of “America’s Greatest Generation” who lived through the Great Depression and World War II.

Mother worked at some of the best places in Albuquerque, including the Four Hills Country Club Restaurant, the Sundowner on Central West of San Pedro, Diamond Jim’s Restaurant in Winrock, the 4 Seasons Crystal Room located in the 4 Season Hotel. The last restaurant she worked at was Maria Teressa restaurant north of Old Town on Rio Grande. She helped open and then close Maria Teressa after working there for so many years. She often told me the restaurant business was one of the few places to work where you would always see people at their very best behavior and their very worst behavior in the manner of a few hours. She also said that a measure of a person is reflected on how they treat people who work with them and for them in the service industry.

It was not until many years later when I was an adult and after she had passed that I came to really appreciate how many young woman’s lives she had touched and influenced over the years and who she worked with at the restaurants. After she passed, many would approach me and tell me what she meant to them and had done for them. One woman in particular has opened a very successful restaurant in Albuquerque with her husband and she has told me of the many fond memories she had of “Rose”. What I found is that there were many times young, struggling woman would turn to mother for guidance and help who were struggling to make a living, some single moms, needing help handling a crisis in their personal lives and struggles. She treated many as she would her own daughters and looked out for them.

I remember Winrock Shopping Center growing up as a kid. My family lived on San Pedro north of Menaul in a red brick Mossman Gladden home across from Quigley Park. My mother worked as a waitress at Diamond Jim’s Restaurant at Winrock until the day it was closed. A branch of First National Bank was in the North area outside the mall with a Safeway Grocery store and a Value House Jewelry Store.

Many years later, when I was an adult and running for Mayor in 1989, I ran into a teller who retired from the bank and who was working at a retail store. She asked me in an affectionate tone of voice if I was the son of the “ones” lady. I looked at the woman very puzzled. She knew I did not understand. She then told me she knew my mother simply as Rose. They had become friends when she was a bank teller at First National Bank. She said my mom would deposit her tips daily from her job as a waitress at Diamond Jim’s when she worked “split shifts”, the lunch and dinner shifts. All of her tips were always in one-dollar bills. Bank tellers who did not know my mother by name would call her the “ones” lady.

The white peonies flower is my mother’s favorite flower of all time. The peonies has the sweet smell of a rose when it blooms only once a year. My mother had a very large group of peonies “bulbs” in her back yard she catered to for years at the very house where we grew up. In late October, 1997 after she passed, I remember one very rainy, muddy and cold night going to her home and digging up the cluster of bulbs. I took the cluster of bulbs and ball of dirt transplanting the bulbs in the front of our home. I had serious doubt the plants would live. To our delight, my mother’s flowers survived the winter transplant, grew and on Mother’s Day, May 12, 1998, the white peonies were in full bloom as they have done each year around Mother’s Day!

My mother instilled in me the importance of getting an education, honesty, integrity, hard work, the true meaning of family and the meaning of character and courage in the face of adversity and doing what is right in life. I talk to my mother every day and thank her for what she did for our family and for me over the years.

HAPPY MOTHERS DAY ONE AND ALL! GIVE YOUR MOMS A BIG HUG AND A KISS!

On Monday, April 25, 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.

In the news release, Mayor Keller, Chief Harold Medina and Watson praised each other and the opportunities for change.

Mayor Keller had this to say about the appointment:

“We’ve put a lot of work into considering what reform means for our community, and how we reach important goals that allow our department to do the best job of protecting and serving the people of Albuquerque. … This means putting leaders in place who understand that there’s a balance, and who will work to break down roadblocks.”

Chief Harold Medina for his part had this to say:

“We are turning the corner on reform at APD, and I look forward to working with Dr. LaTesha Watson to ensure the changes we are making will be both lasting and flexible enough to adapt to the needs of the community.”

Upon being appointed, Watson had this to say:

“It is an honor to be afforded this opportunity to serve in the City of Albuquerque. … The APD team, Albuquerque residents, Chief Harold Medina, and I will remain steadfast in effecting positive change while ensuring transparency, integrity, accountability, and commitment.”

Links to quoted news sources are here

https://www.abqjournal.com/2492895/mayor-selects-new-superintendent-of-police-reform.html

https://abq.news/2022/04/keller-nominates-superintendent-of-police-reform/

NEVER MIND

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.”

DR. LATESHA WATSON’S UNION TROUBLES REPORTED

Dr. LaTesha Watson has 25 years of policing experience who most recently served as the director of the Office of Public Safety Accountability for Sacramento having served in that position since April, 2020. Prior to that she was the chief of the Henderson Police Department in Nevada for 16 months before she was fired following an investigation into complaints against her.

The Las Vegas Review-Journal reported in May 2019 that city officials fired Dr. Watson in part for “creating distrust and division between management and unions, and being uncooperative with an independent investigator.” The Nevada newspaper stated that Dr. Watson was terminated for “showing a lack of respect for many employees represented by unions” in reference to a April 2019 letter obtained by the Las Vegas Review-Journal.

Though it is not confirmed why she was terminated by the Henderson Police Department, her termination did come after the police union accused her of giving out unfair discipline, breaking rules when it came to promotions, and being a ‘union-buster.’ Dr. Watson later sued the City of Henderson alleging she was pushed out due to racism and gender discrimination.

The link to quoted news source material is here:

HTTPS://SACOBSERVER.COM/2020/05/CITY-OF-SACRAMENTO-NAMES-NEW-OPSA-DIRECTOR/

Watson was one of 34 candidates for the superintendent. Other applicants included APD Deputy Chief Mike Smathers and Internal Affairs Force Division Lieutenant Matthew Caplan as well as chiefs of police and other law enforcement professionals from around the state and country. Watson did not respond to media inquiries for comment about her name being withdrawn.

Links to quoted news source material are here:

https://www.abqjournal.com/2495316/city-rescinds-nomination-for-superintendent-of-police-reform.html

https://www.krqe.com/news/politics-government/city-rescinds-job-offer-for-superintendent-of-police-reform-candidate/

JOB DESCRIPTION WORTH NOTING

According to the published city job description for the position of Superintendent of Police Reform it is also a Deputy Chief Administrative Officer position paying $155,001.60 to $185,016.00 annually. It is an unclassified at-will position appointed by the Mayor subject to confirmation by the Albuquerque City Council.

Mayor Tim Keller created the Superintendent of Police Reform position last year to help with the Court Approved Settlement Agreement (CASA) with the Department of Justice. The Superintendent oversees all APD academy operations including cadet training and education as well as Department of Justice (DOJ) reform efforts, internal affairs and has the final say on police disciplinary matters.

One paragraph of the job description for the position of Superintendent of Police Reform is worth noting:

“Recognizing what the Department of Justice has described as the inherent need for internal affairs to exercise independence and have some separation from institutional politics and pressures, the Superintendent will also directly oversee all internal affairs matters related to the Police Department. Exercising the delegated authority of the CAO, the Superintendent will have the final say on police disciplinary matters. The Superintendent will ensure consistency and fairness in the application of disciplinary policies and compliance with CASA requirements related to discipline. The Superintendent will also develop policies and practices to ensure that the Police Department has a wide range of tools to foster culture change, in addition to discipline.”

The link to the full Job Description here:

https://www.governmentjobs.com/careers/cabq/jobs/3325568/superintendent-of-police-reform-and-deputy-chief-administrative-officer-un

COMMENTARY AND ANALYSIS

The words “sloppy and incompetent” come to mind to describe the nomination of and then withdrawal of LaTesha Watson, Ph.D. by Mayor Tim Keller for the position of Superintendent of Police Reform. 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.

NO UNION COMMENTS REPORTED

The media never reported on the police union’s reaction the Mayor Keller’s appointment of La Tesha Watson. Channel 7 and Channel 4 especially always seeks out police union comment, but not this time. Confidential sources have said many voiced strong objections to Mayor Keller over the appointment and encouraged him to withdraw the appointment.

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.

NO PUBLIC INPUT

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.

PROBLEMS IDENTIFIED AFTER APPOINTMENT ANNOUNCED

It is surprising that in the press release announcing the withdrawal of Watson it was disclosed Watson “recently concluded a site visit and a series of meetings with City and Department Executive Staff”. One would think that should have been done before her appointment was made. What is shocking is the press release said in part:

“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.”

There is absolutely no specifics given as to what she was proposing with the city only saying “it did not align with the position.” There is no mention if she wanted to restructure APD high command, such as pairing down the number of 6 Deputy Chiefs to the original 3 Deputies nor what she wanted to do when it came to the police reforms of if she wanted to surround herself with her own team of managers. Simply put, it did not matter what Watson wanted to do or what she was saying in that the the Court Approved Settlement Agreement would have governed any way and she could not change it terms nor mandates.

Ostensibly, Watson did not have a complete understanding of what she was about to get herself into when it comes to the APD police reforms and the consent decree. According to her credentials, she has never worked for a police department struggling with consent decree reforms and constitutional policing practices. APD has never been in “operational compliance” with CASA reforms or mandated Use of Force Force Reporting Policy. In the November 12, 2021 Independent Monitors Report (IMR-14), the Federal Monitor reported Operational Compliance at 62% after 7 years of the CASA. APD had to agree with the hiring of a External Use of Force Investigation Team (EFIT) to avoid a contempt proceeding and to deal with a backlog of 660 police use of force cases that APD unliterally decided not to investigate.

Dr. Watson’s original statement concerning the APD team and Medina’s pledge to “transparency, accountability, and integrity” is now very laughable given the fact that she now will not even comment on what happened with her departure before even arriving here to work. One thing is for certain is she had no idea who she was dealing with when it comes to Mayor Keller, Chief Medina and APD in general.

So much for transparency and full disclosure.

The link to a related blog article is here:

Keller Names New Superintendent of Police Reform

On Thursday, April 28, the City Council “Committee of the Whole” held its budget hearing on the 2022-2023 proposed Albuquerque Police Department Budget. APD Chief Harold Medina presented the budget for his department to the Council.

The link to the proposed 244-page 2022-2023 budget it here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

During the budget hearing, the city council was told that as of the week of April 15, APD has a mere 878 sworn officers. During each of the last 4 years, APD’s budget has provided enough funding for 1,100. The 878 sworn police officers APD has of April 15, 2020 is 20 sworn police officers less than when Mayor Tim Keller first became Mayor on December 1, 2017. When Keller was sworn into office on December 1, 2017, APD had 898 sworn police according budget records.

In an interview with the Albuquerque Journal, Medina had this this to say:

“It’s going to be very difficult for us to get to 1,100 [sworn officers] … But we want to start laying the groundwork with extra PSAs and helping find proper support for our officers.”

Least anyone forget, in 2017 then New Mexico State Auditor Tim Keller campaigned to be elected mayor on the platform of increasing the size of the Albuquerque Police Department (APD), returning to community-based policing and promising to bring down skyrocketing crime rates. To that end, in 2018, the Keller Administration began implementing an $88 million-dollar APD police expansion program increasing the number of sworn police officers from 898 positions filled to 1,200, or by 302 sworn police officers, over a four-year period.

The massive investment was ordered by Mayor Tim Keller to full fill his 2017 campaign promise to increase the size of APD and return to community-based policing as a means to reduce the city’s high crime rates. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term.

Over the last 4 years of city budgets under Keller, the City’s Finance Department that prepares the yearly budget has budgeted enough money to pay for 1,100 officers in APD. During the April 28 budget hearing APD Chief Harold Medina acknowledged for the very first time that 1,100 sworn police is likely unrealistic.

This is significant in that Harold Medina has been with Keller Administration since the day Keller was sworn. Harold Medina held the position of Deputy of Field Services for the years prior to being appointed Chief after Medina orchestrated the removal of former APD Chief Michael Geier.

The fiscal year 2022-2023 proposed city budget covers not only the cost of 1,100 officers out of the city’s general fund but an additional 40 more sworn with federal grant money. The 2021-2022 fiscal year ends on June 30, 2022. Medina told the city council that APD estimates that it will finish the fiscal year 2023 that begins on July 1, 2022 and ends on June 30, 2023 with just 982 officers.

According to City officials, budgeted sworn officer positions carry a price tag of upwards $105,000 apiece when you include base salaries and add benefits such as the city’s portion of retirement pay. That means if by next year’s end there are only 982 officers as Medina says, and APD is budgeted for 1,100 sworn positions, 118 salaries will go unspent. That translates into $12,390,000 in unspent salaries calculated as follows: 118 vacant positions at $105,000 a piece equals $12,390,000 salaries will accrue as unspent.

MEDINA WANTS TO USE $12.4 MILLION FOR OTHER PERSONNEL

APD Chief Harold Medina told the City Councilors he intends to use some of the money to hire more Police Service Aides (PSAs). Medina told the counselors:

“We know that’s the best pipeline for us to add officers to this department. The vast majority of our police service aides become officers.”

According to Medina, he wants APD department aims to have 96 Public Service Aids (PSA’s) by the end of the next fiscal year which is June 30. Medina told city counselors APD currently has 39 PSA’s.

Chief Medina told the counselors the officer salary savings will provide APD some flexibility to hire civilians for certain tasks that do not require a sworn officer, such as scouring social media accounts for evidence something the department is doing with more regularity.

USE OF UNSPENT SWORN OFFICER SALARIES QUESTIONED

According to City finance officials, the unspent officer salary money will not go exclusively to other forms of manpower. City finance officials said Keller’s 2023 plan assumes using about $7.2 million in budgeted officer salaries for non-personnel operating costs. Should the city somehow exceed hiring expectations, it would have to find another way to pay those operating expenses.

During the April 28 budget hearing, Republican City Councilor Dan Lewis questioned APD for more information on its budgeting strategy on using unspent sworn police officers salaries for other priorities. Lewis said this:

“I think it’s good for us to understand this is not a budget that [actually] funds 1,100 police officers. … We’re going to give you [funding for] 1,100 officers this year. We’re going to fund [the amount] just like we did last year. We’re continuing to do that, but I think at the very least what this council is going to need and want is a very specific breakdown of where those salary savings went because we didn’t hire those officers.”

Chief Medina said that financial cushion from last year helped cover a union-negotiated 8% officer pay increase that took effect in January and was not otherwise funded. The proposed budget covers the continuation of the 8% pay increase that went into effect in January and then covers the additional 5%, for a total of 13% in APD sworn police raises that starts on July 1. 2022.

Councilor Lewis said he wanted more detail about how APD , which has hundreds fewer officers than the present year’s budget assumed, has used all of those 2022 savings before the council approves a similar budget for FY 2023.

PRIOR REQUESTS FOR INFORMATION GO UNANSWERED

Lewis’ request for more detail on how APD has used the millons in unpent salaries for fully funded but vacant police positions is nothing new. In 2021, City Councilors Pat Davis and Isaac Benton demanded additional information about how APD and the Keller Administration applied the salary savings that accrue each year. The Keller Administration has said Some have said such expenditures do not always require City Council or public vetting.

In 2021, Davis and Benton introduced legislation that would have meant more council oversight. They ultimately withdrew it with the understanding the Keller administration would give the legislative body regular money-movement reports. Davis said in during the April 28 budget hearing that the council has never received any such reports.

Notwithstanding the Keller Administrations failure to account for the funding, he said he was pleased at APD’s forthrightness during this year’s budget process and said:

“We’re being more transparent with the public about what we’re trying to do [by saying ‘We want to get (1,100 officers). We’re not there yet. Here’s how we intend upfront to use the savings … I appreciate that because in the old days we knew there were $20-$30 million dollars in there of money we weren’t going to get to [spending on planned staffing], and it really was a black hole.”

Thursday was the first of three public hearings the council is holding on the FY 2023 budget. Keller’s proposal totals $1.4 billion – including $841.8 million in general fund spending – but the council can make changes before approving the final version.

The link to quoted news source is here:

https://www.abqjournal.com/2494351/apd-staffing-expectations-remain-below-budget.html

APD LARGEST DEPARTMENT BUDGET

The Albuquerque Police Department (APD) continues to be the largest city budget out of 27 departments. The fiscal year 2023 proposed General Fund budget is $255.4 million, which represents an increase of 14.7% or $32.8 million above the fiscal year 2022 level.

The fiscal year 2022-2023 proposed General Fund budget for APD is $255.4 million, which represents an increase of 14.7% or $32.8 million above the FY/22 level. The proposed General Fund civilian count is 665 and sworn count is 1,100 for a total of 1,765 full-time positions.

APD’s general fund budget of $255.4 provides funding for 1,100 full time sworn police officers, with the department fully funded for 1,100 sworn police for the past 3 years. However, there are currently 888 sworn officers in APD. The APD budget provides funding for 1,100 in order to accommodate growth.

The APD budget is increased to accommodate for an immediate 8% in police pay and another 5% in police pay to begin in July because of the new police union contract.

The APD budget provides for a net total increase of $1.2 million in overtime pay to accommodate the police union contract hourly rate increase that went into effect on January 1, 2022. In fiscal year 2022, a memorandum of understating agreement was approved increasing the hourly rate of pay for 911 operators in an effort to retain emergency service operators and offer a competitive wage for a total personnel cost of $737 thousand.

Technical adjustments include funding of $6.4 million for a 5% increase in hourly wages and longevity for sworn officers in accordance to year two of the approved police union contract and 2% Cost of Living Adjustments for civilian positions, subject to negotiations for positions associated with a union. An adjustment of $2.6 million for health benefits, insurance administration, life insurance and 0.5% State mandated Public Employees Retirement increase for the employer’s share.

A net total increase of $1.2 million in overtime is included for the APOA hourly rate increase that went into effect January 1, 2022. In fiscal year 2022, 63 full-time civilian positions were added at a total cost of $4.9 million including benefits and reduction of $134 thousand in contractual services for a net cost of $4.7 million to support the daily operations and/or compliance with the Court Approved Settlement Agreement (CASA).

There are 28 city departments. The Police Department and the Fire and Rescue Department are the two largest departments for City operating appropriations, primarily due to their large workforces. The two departments together comprise 26.8% of the total fund appropriations of $1.4 billion and 43.1% of the General Fund appropriations of $841.8 million in fiscal year 2022-2023.

APD’s general fund budget of $255.4 provides funding for 1,100 full time sworn police officers, with the department fully funded for 1,100 sworn police for the past 3 years. However, there are currently 888 sworn officers in APD. The APD budget provides funding for 1,100 in order to accommodate growth.

The APD budget is increased to accommodate for an immediate 8% in police pay and another 5% in police pay to begin in July because of the new police union contract. The APD budget provides for a net total increase of $1.2 million in overtime pay to accommodate the police union contract hourly rate increase that went into effect on January 1, 2022.

Technical adjustments include funding of $6.4 million for a 5% increase in hourly wages and longevity for sworn officers in accordance to year two of the approved police union contract and 2% Cost of Living Adjustments for civilian positions, subject to negotiations for positions associated with a union. An adjustment of $2.6 million for health benefits, insurance administration, life insurance and 0.5% State mandated Public Employees Retirement increase for the employer’s share.

A net total increase of $1.2 million in overtime is included for the APOA hourly rate increase that went into effect January 1, 2022. In fiscal year 2022, 63 full-time civilian positions were added at a total cost of $4.9 million including benefits and reduction of $134 thousand in contractual services for a net cost of $4.7 million to support the daily operations and/or compliance with the Court Approved Settlement Agreement (CASA).

https://www.petedinelli.com/2021/01/11/mayor-tim-kellers-record-of-broken-promises-failures-and-high-murder-rates-as-he-seeks-a-second-term/

13% PAY RAISES FOR VERSUS 2% COLA FOR CITY HALL WORKFORCE

On February 4, it was reported that the Keller’s administration had negotiated a new police union contract making APD the best paid law enforcement agency in the region by increasing hourly wages and longevity pay and creating a whole new category of “incentive pay”. All of APD sworn police officers are members of the police union, including patrol officers, sergeants and lieutenants. All of APD sworn police were given combined pay increases of 13% under a two-year contract.

Under the signed union contract, APD’s starting wage is well above cities and law enforcement agencies of comparable size including Tucson, Arizona, $54,517, and El Paso, Texas, $47,011. Under the contract terms, longevity pay increases by 5% starting on July 1, the beginning of the new fiscal year starting at $2,730 per year with those who have 5 years of service and with incremental service years up to 17 years or more who will be paid $16,380.

Under the union contract, sworn police are entitled to overtime compensation at the rate of time-and-one-half of their regular straight-time rate when they perform work in excess of forty (40) hours in any one workweek. Time worked over 40 hours per week is compensated at time and a half of the officer’s regular rate of pay, or in the form of “compensatory time.” There is no contract provision placing a cap on the amount of overtime any officer can be paid.

The 2022-2023 proposed budget includes $13 million for a city-wide 2% cost-of-living increase. Buried in the 2022-2023 budget is the fact that the city hall workforce excluding APD sworn police, is approximately 5,916 (6,916 total workforce – 1,100 sworn) who will be given a mere 2% Cost of Living Adjustment (COLA) but subject to union negotiations.

APD PERFORMANC MEASURE; APD ARRESTS WENT DOWN, AGAIN

APD statistics for the city budget years of 2019 and 2020 confirm that APD was not as “aggressive and proactive” doing its job of investigating and arresting people.

APD felony arrests went down from 2019 to 2020 by 39.51% going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%.

The 2023 proposed budget released on April 1, 2022, contains APD arrest statistics and performance measures. Following are the statistics reported in the budget for 2020 and 2021:

The number of actual violent crimes in 2020 reported and investigated by APD was 6,685 and in 2021 the number increased to 7,073.

The number of actual property crimes reported and investigated by APD in 2020 was 32,135 and the number dropped dramatically in 2021 to 8,972.

APD made 10,945 felony arrests in 2020 and the number of felony arrests dropped to 6,621 in 2021.

APD made 19,440 misdemeanor arrests in 2020 and misdemeanor arrest dropped to 16,520 in 2021.

APD made 1,788 DWI arrests in 2020 and in 2021 DWI arrests dropped to 1,230.

COMMENTARY AND ANALYSIS

The City Council budget process is one of the very few times that the council can bore deep down into each of the city department budgets. All too often, Mayor’s and their political operatives view the City Council more of an annoyance as opposed to being a legitimate oversight function.

Pay increases should be based on merit and productivity and not failure. Giving 13% pay raises to APD sworn is tantamount to awarding failure to a union membership that is resisting the Department of Justice Police reforms, a police department that has failing performance measures when it comes to felony, misdemeanor and DWI arrests and homicide investigations, a department that is failing to deal with spiking violent crime rates and a department that continues to have overtime pay scandals because of failed leadership. This is what you get from a Mayor and a City Council that refuses to hold anyone truly accountable for mismanagement and negligence.

A 2% COLA to the city hall workforce is laughable given the fact that the annual inflation rate for the United States is now 7.9% and the cost of gas has also hit historical highs. Mayor Keller should be embarrassed spending $127 million, or 17.8%, over last year’s budget, increasing the pay to APD and his executive staff by significant amounts and then providing a mere $13 million for a city-wide 2% cost-of-living increase to city workforce.

It is pretty damn pathetic that the City Council does not challenge not does it appear to be at all concerned that APD Chief Harold Medina has admitted that his department will not have 1,100 sworn police by the end of the 2023 fiscal year. He says he intends to use upwards of $12,390,000 as a “personnel slush fund” to hire Public Safety Aids and for other personnel needs and priorities.

The Council wants is funding 1,100 sworn police, not Public Safety aides. If Medina wants more PSA’s, the APD budget needs to say just that. Medina and the Keller Administration needs to specifically ask for the funding for PSA’S and the numbers and not mislead the council to finance sworn officers only to hire PSA’s or other personnel priorities.

What adds insult to injury is that the of $12,390,000 in unused police salary is on par with the $13 million for a city-wide 2% cost-of-living increase that is being offered to upwards of 5,100 city hall employees. APD sworn will be getting a total 13% pay increase including even more money for overtime pay.

When it comes to APD’s budget, the council the counsel has been told the games Mayor Keller and Harold Medina are playing but it ostensibly the counsel has have no intent on doing anything about it at the expense of all other city hall employees and the taxpayer.