On December 15, the Albuquerque Journal published the following guest opinion column submitted by long time community  activists Isaac and Sharon Eastvold:

“The city of Albuquerque is moving ahead with yet another “green” project. The city also called the Albuquerque Rapid Transit project on Central “green.” That project cut down over 500 trees, and got rid of electric buses. There seemed to be no end to cost overruns.

Like ART, the new Green Stormwater Infrastructure “pilot project” being touted by City Councilor Tammy Fiebelkorn proposes to retrofit older neighborhoods with an impossible, destructive burden. Costs are already running into millions, and headed for even greater overruns. The money for this boondoggle is coming from, you guessed it, your tax dollars in the recent municipal bonds.

These bonds never fail to pass. Written comments which opposed putting Green Stormwater Infrastructure in the bond mysteriously disappeared when mailed to the full council and the mayor. Definition: GSI involves excavations of streets for what are called “bio swales.” These would be 9 feet wide from the curb, 9 inches deep and of varying lengths between driveways. The city claims that these excavations will capture stormwater and infiltrate it to groundwater below the swales. It won’t.

The water table depth in this project area varies from 150 to 500 feet. These bio swales need to be located above the water table within 5 to 18 feet. The water table is too far down for this to work.

In addition, the city’s own GeoTest Inc. has twice found clay levels 6 to 9 feet down that would prevent infiltration. They find that stormwater could move laterally, with time, and cause subsidence of adjacent streets and structures.

Albuquerque has been in a drought since 2021. In that year, some residents along Summer NE experienced stormwater over-topping the curb. No structures were damaged. This was caused by improperly resurfacing short stretches of Summer and Marble. Correcting the resurfacing would restore the intended gravity flow of stormwater to the San Mateo, 8-foot diameter, and San Pedro, 4-foot diameter, main drains.

The GSI “pilot project” also proposes cement underground stormwater storage tanks. One of these, on La Veta, is not even planned to connect to the city’s sewer system. It will simply capture water with no option for infiltration. The bio swales and storage tanks, therefore, can not comply with the legally binding N.M./Texas compact requiring all withheld water be returned to the Rio Grande within 96 hours.

Finally, the dark, moist place, of underground tanks would provide inviting habitat for the Aedes aegypti mosquitoes now plaguing Albuquerque.

Councilor Fiebelkorn, if she hopes to be elected to any office, should learn from the “greenwashed” and miserably failed ART disaster on Central. Her “pilot project” promises to be yet another expensive misuse of taxpayer’s municipal bond money.

Concerned citizens can support any beautification of the neighborhood or city that is environmentally sound and well-researched. They can not support ignoring good alternatives that resolve real problems less expensively.

What the city is proposing will only benefit the bottomless pockets of a small cadre of city consultants. The result will be the degradation of long-established mid-heights neighborhoods.”

The link to the Albuquerque Journal guest column with photos is here:

https://www.abqjournal.com/opinion/article_3b567438-b8d6-11ef-b39c-5f8ae05c2f0a.html

BIOGRAPHY

Isaac and Sharon Eastvold are long time community activists.  They founded the Fair Heights Neighborhood Association on October 11, 1993.  Both have been residents of City Council District 7 since its inception and residents of City Council District 5 which became District 7 because of redistricting. They have also been members of the Neighborhood Stormwater Drainage Management Team since May 31, 2021.  Isaac and Sharon Eastvold were the founding members of the Friends of the Albuquerque Petroglyphs (FOTAP).  This organization was instrumental in securing city council and community support for the establishment of Petroglyph National Monument on June 27, 1990.  Isaac was awarded one of two pens used by President George H.W. Bush to sign the establishment act.

____________________________________________

POSTSCRIPT

GREEN STORMWATER INFRASTRUCTURE DEFINED

Green Stormwater Infrastructure (GSI) is a method of sustainable stormwater management that focuses on treating stormwater runoff prior to it entering waterways by mimicking and working with living, natural systems. It is an approach to managing stormwater runoff in ways that mimic the natural environment as much as possible, using plants, soil, and stone to filter and manage stormwater more effectively, reducing how much enters our sewer systems, and protecting our rivers and streams.

Urban areas have lots of hard surfaces  such as roofs, roads, parking lots, etc.,  that don’t allow water from rain, snow, and ice to soak into the ground naturally, so the runoff collects pollutants and litter on its way down the drain, and overwhelms our sewer systems, which can overflow into our rivers and streams.

Green stormwater infrastructure tools allow runoff to get soaked up by plants, filter into the ground, or evaporate into the air. Some systems also slowly release the water into a sewer once wet weather and the threat of overflows have passed.

https://www.bernco.gov/public-works/public-works-services/water-wastewater-stormwater/stormwater/green-stormwater-infrastructure-and-post-construction-stormwater-management/

https://water.phila.gov/gsi/

On December 17 at its last meeting of the year, the Albuquerque City Council enacted 2 out of 3 measures  aimed at restricting overnight camping in public spaces and the use of public parks by the homeless.  All 3 of the measures were sponsored by Republican City Councilor Renee Grout. During public comments, the 3 measures faced significant opposition from activists who voiced concerns that the legislation will criminalize homelessness and make it harder for unhoused individuals to stay warm during the winter.  A small number of commenters spoke in favor of the ordinances.

TWO MEASURES PASSED

The two ordinances approved by the City Council are the “Parks Ordinance,” which addresses littering, vandalism and the “misuse of park facilities,” and the “Revised Ordinances of Albuquerque: Public Camping,” which bans camping on streets and sidewalks and “reduce(s) the negative impacts encampments often have on neighborhoods.” The “public camping regulations” ordinance prohibits public camping in unauthorized areas and on any city property,  such as parks, streets and sidewalks. The bill’s goal is to clarify or add to current existing laws regarding illegal public camping.

City Attorney Lauren Keefe, who authored the measure, said there was a need for a legal clarity-enforcement balance. Republican City Councilor Dan Lewis said this during his interaction with City Attorney Keefe:

“This bill would certainly give some clarity to our current laws and ordinances, without a lot of loopholes or checkerboarding applications to it.”

AMENDMENTS TO THE PARKS ORDINANCE

One measure passed  was  amendments to  the existing ordinance on the use of city parks and prohibits camping, fires, shopping carts, and  deals with  use of playground equipment and vandalism. The public encampment regulations further define the prohibitions on public camping in unauthorized areas such as parks, streets and sidewalks.  According to Councilor Grout, the changes are intended to curb littering, vandalism, drug use, and illegal camping. Grout said the measure was critical to address the safety concerns of those who say they don’t feel safe using city parks, especially families with young children and fears of children encountering needles. Needles being left behind where children play and aggressive behavior by homeless  who are camping out in public spaces were cited as problematic.

The amendments to the Parks Ordinance bans camping in all city parks and ban shopping carts in or around public playgrounds and parks. According to Grout it “clarifies that parks are not meant for overnight camping, and adds a definition of camping. It allows for overnight camping by organized youth groups with permission.” It also closes parks at 10:00 p.m. instead of midnight and seeks to align the law with the current practice of allowing food trucks at parks and advertising at ball fields. The ordinance also states it is illegal for a person to refuse to leave if they have already received a notice to vacate

The amendments to the Parks Ordinance contain the following specific prohibitions:

1. No Camping.No person will be allowed to camp or construct or erect any tent, building or other structure whether permanent or temporary, in a park for the purpose of staying in the park overnight or be allowed extension of electrical utilities except by written permission of the Mayor. An exception would be allowed for youth organizations camping with adult supervision for one night only and with written permission or a permit from the Mayor and the Director of the Parks & Recreation Department.

2. Shopping Carts Prohibited.  Shopping carts would be prohibited in all City parks,  city open spaces, and the parking areas that serve these facilities. Any shopping cart, whether empty or containing any merchandise or belongings, may be confiscated and either returned to the cart owner, recycled, or otherwise disposed of.

3. Wrongful Use of Playground Equipment.Unless otherwise posted, the use of playground equipment is reserved for children. Adults would be allowed in playground areas or within 50 feet of playground areas only when accompanied by a child under the age of 12, unless the 50-foot buffer extends  beyond the Park boundary. This buffer may include gazebos, benches, and  tables,

4. Children Park Designations.The Mayor may designate certain parks as “Children’s Parks” and restrict access by adults unless they are  accompanied by a child under the age of 12. Users must follow playground guidelines and restrictions. During park operating hours, no person shall engage in any conduct that deprives park visitors of the intended use of the  playground equipment.

5. Vandalism of Park Grounds. The existing law provides “No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or  seeds, of any tree or plant.”  The ordinance will be amended to provide (in bold and italicized)  that  “No …  person [shall] attach any rope, wire, hammock,or other contrivance to any tree or plant. No person shall damage grass by leaving personal items in grass areas for extended periods.”

6. No Feeding of Wildlife. No person in a park shall give or offer or attempt to give to any animal or bird any food, tobacco, alcohol, or other known noxious or injurious substances to any bird or wild animal.Park users shall clean up and  remove all food scraps and wrappers that could attract wild animals.

7. No Fires.Fires would only  be allowed in permanent grills  provided by the City for cooking.

8. Vending of Merchandise.Vending would be  allowed only  by  licensed vendors in designated areas only with a valid permit from the Department of Parks & Recreation. Food vendors must carry all other permits required by the Environmental Health Department, the Fire Marshal, and any  other regulatory agencies.

9. Advertising signs and 2 banners may be allowed only on outfield fences in baseball and softball parks. The “batter’s eye” portion of all outfield fences, defined as the area directly behind the pitcher from the batter’s perspective, shall be kept clear of all  signs, banners, and other visual distractions.

The Park Ordinance amendments passed on a 6-3 vote. Republican Councilors Renee Grout, Dan Lewis, Dan Champine, and Brook Bassan  and Democrats  Joaquín Baca and Louie Sanchez voted YES  in favor.  Democrats Klarissa Peña, Nichole Rogers and Tammy Fiebelkorn voting NO against the measure.

The link to review the entire ordinance is here:

https://htv-prod-media.s3.amazonaws.com/files/o-56-673abd707d89b.p

 PUBLIC CAMPING ORDINANCE

The second measure passed makes illegal “public camping” in unauthorized areas such as parks, streets and sidewalks. The “park maintenance and playground safety” ordinance makes sleeping, erecting tents or storing personal items illegal in and near playgrounds at city parks.  This ordinance was written by  City Attorney Lauren Keefe  and City  Councilor Grout sponsored it at the request of the Keller Administration. It is intended to clear up gaps in existing ordinances regarding camping in public. While current laws prohibit camping in certain public places, this one called ‘The Public Camping Ordinance,” would be much broader. It will categorically ban camping in publicly owned places like streets and sidewalks. It was argued that passage would make the city safer.

The ordinance defines “CAMP” as “ To occupy an area for the purpose of establishing or maintaining a  permanent or temporary place to live, or to occupy an area with an apparent intent to remain in that location for 24 hours or more.”

CAMP FACILITIES are defined in the act as “Tents, huts and any other temporary structures or shelters.”

An ENCAMPMENT is defined as “An area where an individual or individuals have erected  one or more tent or structures or placed personal items on public property with the apparent intent to remain in that location for 24 hours or more.  An  area will not be deemed an encampment merely because any individuals are  present on public property or because individuals have temporarily placed  personal items on public property.”

The ordinance is straight forward making it unlawful to camp on public property and it states:

“Except as otherwise authorized by ordinance or by rules issued by the Department of Parks and Recreation, it shall be unlawful for any person to camp, or maintain an encampment, in any publicly owned area, including any street, sidewalk, right of way, park, or open space. It shall further be unlawful  for any person to refuse to remove an encampment from public land after  receiving a notice instructing them to remove the encampment, or to set up an  encampment after being ordered to remove one from a particular location.  A  person does not violate this ordinance if the person is merely sitting, sleeping  or lying on public property on a temporary basis.”

The new ordinance will also make it unlawful for any person to maintain personal property, including camp facilities or camp paraphernalia, on public property after that person has received a notice instructing them to remove the items.

Violation of the ordinance is a petty 5 misdemeanor and, upon conviction be subject to a fine not exceeding $500 or by imprisonment not exceeding 90 days or both (§ 1-1-99)

The camping ordinance passed 5-4.  Republican City Councilors Renee Grout, Dan Lewis, Dan Champine, and Brook Bassan and Democrat Louie Sanchez voted YES.  Democrats Joaquín Baca, Klarissa Peña, Nichole Rogers, and Tammy Fiebelkorn voted NO.

The link to review the camping ordinance is here:

Click to access o-58-673abd810f065.pdf

“SHOPPING CART ABANDONMENT” PREVENTION ORDINANCE

The third ordinance dealt with shopping cart theft and abandonment. Councilor Renée Grout withdrew the “Shopping Cart Abandonment Prevention Ordinance” after facing concerns and pushback from the mayor’s administration and fellow councilors.

Shopping carts are stolen from grocery stores and businesses and often used by the homeless to transport their personal belongings.  Abandoned shopping carts can pose safety hazards and contribute to neighborhood blight.  This ordinance would have made it illegal to possess shopping carts outside of a retailer’s property. Possession of a cart would have resulted  in a petty misdemeanor and could include fines or jail time. However, a judge would be able to give a community service sentence instead.

The resolution would have placed far more responsibility on businesses to prevent shopping cart thefts and would require businesses to submit a plan to the city on steps they’re taking to keep carts secure.  The ordinance would have allowed  the city to collect abandoned shopping carts and hold them for up to 30 days before being considered “forfeited.”   The shopping cart abandonment ordinance was unique and clever at the same time, but it essentially placed burdens on businesses who are victims of crime and stolen property when it’s the thief that needs to be charged. Victims of stolen shopping carts should not be required to pay the city $25 for the return of their stolen property and an extra $5 a day thereafter when they are told to pick up their property.

The link to review the entire shopping cart ordinance is here:

https://htv-prod-media.s3.amazonaws.com/files/o-57-673abd7d003f8.pdf

OPPOSITION EMERGES

During the public comment portion of the City Council, attendees critical of the measures argued  that those experiencing homelessness are being criminalized and the damaging  consequences of encampment sweeps ignored.  Supporters argue that enforcement of the ordinances will further curb illegal camping, littering, vandalism, public defecation,  drug use and the changes will protect the parks from criminal behavior.

The amendments to the Parks Ordinance  and the Public Camping Ordinance were met with strong  opposition from some members of the public who spoke out against them at the city council meeting.

Homeless Advocate Jarod Buell  told the  council this:

“The measures proposed today will punish unhoused people from the crime of not wanting to freeze and will fine them for what meager possessions they manage to hold on to.”

Kendal Jacobson, another community activists said this about the Public Camping Ordinance:

“Destroying their camps will do nothing to create more services for them and force them to sleep in deadly below-freezing temperatures.”

Republican City Councilor Renee Grout said this in response to the criticism of her sponsored bills:

During debate, Councilor Grout said this about the Parks Ordinance:

“I think these changes that we’re proposing are reasonable I really do.  There are people who reach out to us on a daily basis, a weekly basis, they send us emails, and they love going to our city parks, and they are scared to go. … They matter, too. We need to listen to them as well. People are sometimes afraid of these [homeless] people. … Sometimes they,  in one specific park I’m talking about, take over the area right next to the playground equipment. They take it; they’re very possessive. It’s true. That’s why people have sent emails, they have called me, and it’s important that we listen to them.

Violations of the ordinances could result in petty misdemeanor charges, fines up to $500, or jail time up to 90 days.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/politics-government/albuquerque-city-council-approves-safe-public-space-legislation/

https://www.koat.com/article/city-of-albuquerque-bans-camping-in-public-spaces/63218693

https://www.abqjournal.com/news/article_9a140d68-bcdd-11ef-a74e-bf350f3820a5.html#tncms-source=home-featured-7-block

https://citydesk.org/2024/city-council-tightens-the-screws-on-encampments/

EXISTING STATE STATUTES AND CITY ORDINANCES

The State of New Mexico and the City of Albuquerque have enacted 8 laws and ordinances enacted to protect the general public health, safety, and welfare and to protect the public’s peaceful use and enjoyment of public  property. The specific statutes and ordinances are:

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

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

US SUPREME COURT CASE GRANTS PASS V. JOHNSON

 On June 28, the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws effectively criminalizing homelessness do not violate the U.S. Constitution and do not constitute cruel and unusual punishment. The case challenged a municipality’s ability to bar people from sleeping or camping in public areas, such as sidewalks and parks. The case is strikingly similar in facts and circumstances and laws to the case filed against the City of Albuquerque over the closure of Coronado Park.

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

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

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

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

Justice Neil Gorsuch wrote for the majority:

“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. … A handful of federal judges cannot begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness. … Cities across the West report that the 9th Circuit’s involuntary test has crated intolerable uncertainty for them.”

Gorsuch suggested that people who have no choice but to sleep outdoors could raise that as a “necessity defense,” if they are ticketed or otherwise punished for violating a camping ban.

A bipartisan group of leaders had argued the ruling against the bans made it harder to manage outdoor encampments encroaching on sidewalks and other public spaces in nine Western states. That includes California, which is home to one-third of the country’s homeless population.

Homeless advocates argue that allowing cities to punish people who need a place to sleep would criminalize homelessness and ultimately make the crisis worse. Cities had been allowed to regulate encampments but couldn’t bar people from sleeping outdoors.

Progressive Democrat Justices Sonia Sotomayor, Elena Kagan and Ketangi Brown Jackson dissented. Sotomayor read from the bench the dissent and said this:

“Sleep is a biological necessity, not a crime. … Punishing people for their status is ‘cruel and unusual’ under the Eighth Amendment. … It is quite possible, indeed likely, that these and similar ordinances will face more days in court. … It is possible to acknowledge and balance the issues facing local governments, the humanity and dignity of homeless people, and our constitutional principles. … [But the majority instead] focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”

Attorney Theane Evangelis, who represented Grants Pass before the high court, applauded the ruling, saying the 9th Circuit decision had “tied the hands of local governments.”  Evangelis said this:

“Years from now, I hope that we will look back on today’s watershed ruling as the turning point in America’s homelessness crisis.”

The Republican Supreme Courts ruling comes after homelessness in the United States has peaked and grown 12% last year to its highest reported level, as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more people. More than 650,000 people are estimated to be homeless, the most since the country began using a yearly point-in-time survey in 2007. Nearly half of them sleep outside. Older adults, LGBTQ+ people and people of color are disproportionately affected, advocates said. In Oregon, a lack of mental health and addiction resources has also helped fuel the crisis.

The Link to a quoted and relied upon news sources are here:

https://www.koat.com/article/supreme-court-oregon-homelessness/61453397

COMMENTARY AND ANALYSIS

 Enactment of the amendments to  the Parks Ordinance and the Public Camping Ordinance come at the end of a year when the Mayor Keller Administration  has tried to strike a balance between helping the homeless community and responding to the concerns of many constituents and business owners.  Mayor Tim Keller must now decide whether to sign the proposals into law. A city spokesperson says the mayor is still reviewing them.

There is a fine balance between assisting those experiencing homelessness while also enforcing laws that are designed to protect public health, safety and welfare and the peaceful use and enjoyment of public lands by the public, such as parks. The Albuquerque City Council and Mayor Keller are on opposite sides on many issues, with one notable exception and that is how to deal with the unhoused and that unhoused encampments should not be allowed.

The Keller Administration has gone so far as to implement a formal homeless encampment removal policy that establishes the priority of what encampments to target first. The policy provides a timeline for which individuals must be notified of an encampment clearing. It provides for storage of personal belongings by the city free of charge. It authorizes the city to dispose of personal property seized that is abandoned.

The proposed ordinances and amendments to the existing ordinances as proposed by City Councilor Renee Grout represent a good faith effort to deal with problematic encampments. However, her proposals are in fact an overlap or a redundancy to existing state laws and city ordinances calling into question what will be accomplished, if anything, now that they have been enacted. As it stands under existing law, unhoused squatters or campers can be cited  with criminal trespassing, unlawful use of public property, interference with sidewalk usage and street rights of way and unlawful nighttime camping in public parks, but not arrested as per a federal settlement on jail overcrowding. Notwithstanding, the city has an aggressive encampment clearance policy.

The United States Supreme Court has given cities the green light to enforce vagrancy laws when it comes to the unhoused. Unhoused who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street force the city to make it totally inconvenient for them to “squat” anywhere they want and must force them to move on. After repeated attempts to reason with them to move on, citations and arrests for other crimes  are in order. Until the problem is solved, the public perception will be that very little to no progress has been made despite millions spent to deal with what Mayor Tim Keller proclaims as the “challenge of our lifetime.”

The links to two related blog articles are here:

City Revising Removal Of Homeless Encampment Policy; South Central And International District Area New Target  For Clean Ups; Action Long Overdue To Enforce Existing City Ordinances

City Creates “Shelter Connect Dashboard” Identifying Unhoused Shelter During Winter Months; City’s Unsheltered Data Breakdown; City’s Financial Commitment To The Unhoused; Given City’s Commitment To Homeless, Crisis Should Be Manageable But Has Only Gotten Worse Under Mayor Tim Keller

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

…

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

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

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

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

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

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

COMMENTARY AND ANALYSIS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

KOAT TV REPORTER ALYSSA MUNOZ:

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

MAYOR KELLER:

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

KOAT TV REPORTER ALYSSA MUNOZ:

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

MAYOR KELLER:

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

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

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

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

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

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

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

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

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

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

A YEAR OF APD SCANDAL AND MEDINA PERSONAL CONTROVERSY

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

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

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

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

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

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

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

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

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

RECALLING HOW AND WHEN MEDINA BECAME CHIEF

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

COMMENTARY AND ANALYSIS

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

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

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

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

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

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

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

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

The link to a previous related blog article is here:

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

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

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

MCI MAJOR CATEGORIES AND PRIORITY ACTION ITEMS

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

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

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

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

THE FAILURES AND SUCCESSES OF KELLER’S METRO CRIME INITIATIVE

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

1. REDUCE GUN VIOLENCE

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

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

2. BOLSTER COURTS TO CLOSE THE REVOLVING DOOR

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

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

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

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

3. FIGHT CRIME

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

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

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

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

4. FUND CRIME FIGHTING TECHNOLOGY AND INFRASTRUCTURE

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

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

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

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

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

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

5. STRENGTHEN COLLABORATIONS AND PROCEDURES

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

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

COMMENTARY AND ANALYIS

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

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

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

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

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

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

A link to a related blog article is here:

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

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

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

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

STATEMENT FROM GOVERNOR LUJAN GRISHAM   

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

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

HOUSE REPUBLICANS ISSUE STATEMENT

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

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

The link to quoted news source is here:

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

BUDGET RELEASED EARLY

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

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

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

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

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

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

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

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

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

BREAKDWON AND ANALYSIS OF PROPOSED BUDGET 

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

STATE EMPLOYEE PAY INCREASES

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

SPENDING ON HOMELESS INITIATIVES

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

SPENDING INCREASES FOR EDUCATION, CHILD CARE

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

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

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

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

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

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

FUNDING FOR HOSPITALS AND BEHAVIORIAL HEALTH

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

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

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

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

BROADBAND INTERNET ACCESS

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

ONE TIME SPENDING INITIATIVES DEALING WITH WATER SCARCITY

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

TAX CUTS OR REBATES STILL POSSIBLE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHAT SURPLUS WILL ALLOW

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

TRUMP POLICIES COULD IMPACT NM’S BUDGET

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

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

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

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

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

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

HISTORY OF SURGING RFEVENUES

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

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

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

COMMENTARY AND ANALYSIS

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

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

NOT PUBLIC EDUCATION THIS TIME

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

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

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

MAJOR CAPITAL OUTLAY PROJECTS SHOULD BE IN THE MIX

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

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

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

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

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

Indeed, the 2025 legislative session could very well turn out to be a “once in a century opportunity” to really solve many of the state’s problems that have plagued it for so many decades. It should also be viewed as an opportunity to build facilities that are needed to enhance quality of life and that will have a lasting impact on the state’s quality of life for decades to come.

Links to additional relied upon or quoted  news sources:

MLG releases executive budget

LFC to release budget projections next week