During the 30 day 2024 New Mexico Legislative session that ended February 16, the legislature passed Senate Bill 87 which allows retired law enforcement officers to return to work in law enforcement without affecting their pension. Beginning July 1, 2024,  the Albuquerque Police Department (APD) is encouraging retired law enforcement officers to return to work that retired prior to December 31, 2023 and have been retired for at least 90 consecutive days.

In July 2023, Mayor Keller and Chief Harold Medina announced the longevity pay incentive to help recruit more officers. Return to work officers will begin at $31.89 an hour for their first year back including longevity pay.  After one year of probation is completed, officers will receive title and pay based on years of service for the longevity incentive.

Salary including the longevity incentive is as follows:

• $60,008.00 a year as a cadet
• $62,982.40 a year for first year of service
• $74,692.80 a year for 1 to 4 years of service
• $80,002.00 a year for 5 years of service
• $80,678.00 a year for 6 years of service
• $83,408.00 a year for 7 to 9 years of service
• $85,462.00 year 10 to 12 years of service
• $86,840.00 year 13 to 14 years of service
• $90,708.80 year 15 years of service
• $93,438.80 year 16 to 17 years of service
• $97,520.80 year 18+ years of service

https://www.newsradiokkob.com/2024/05/30/apd-launching-rehire-program-for-retired-officers/

https://www.aol.com/apd-launch-program-aimed-bringing-030100000.html

https://www.koat.com/article/albuquerque-police-rehire-program-retired-officers/60942339

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-launch-program-to-bring-back-retired-officers/

https://www.newsradiokkob.com/2024/05/30/apd-launching-rehire-program-for-retired-officers/

https://www.newsradiokkob.com/2024/05/30/apd-launching-rehire-program-for-retired-officers/

POLICE LONGEVITY PAY

It was on July, 14 2023, the Mayor Tim Keller Administration announced the “longevity pay” for APD sworn police officers as part of a two year negotiated APD Union Contract.  APD sworn qualify for longevity pay in their fifth year of service. Under the police union contract terms, longevity pay starts at $2,730 per year and increases to a whopping  $16,380 annually for those who have served 17 or more years. The longevity pay scale bi-weekly annual amounts are as follows:

Beginning Year 5 through 5, $105 paid bi weekly, $2,730 annually
Beginning Year 6 through 6, $131 paid bi weekly, $3,406 annually
Beginning Year 7 through 9, $236 paid bi weekly, $6,136 annually
Beginning Year 10 through 12, $315 paid bi weekly, $8,190 annually
Beginning Year 13 through 15, $368 paid bi weekly, $9,568 annually
Beginning Year 16 through 17, $473 paid bi weekly, $12,298 annually
Beginning Year 18 and above, $630 paid bi weekly, $16,380 annually

 https://www.cabq.gov/humanresources/documents/apoa-jul-9-2016.pdf/view

RETENTION PAY BONUSES

It was on October 7, 2022 that APD announced retention  pay  bonuses for  police officers who have been on the force 19 years or more,  and who are eligible for retirement.  They are paid as  much as $18,000 more per year, or $1,500 more a month.   In addition, the department pays 100% of the officers’ medical benefits.  In addition to $18,000 more a year in incentive pay to 19 year veterans, police officers with 18 years or more of police service are paid  $16,380 annual longevity pay resulting in a combined  $34,380 of incentive pay and longevity pay in one year

PERFORMANCE BASED BUDGET

The entire City of Albuquerque budget is what is referred to as a performance-based budget. The City’s budget is formulated in two parts: 1. A financial plan and 2. Performance plan.

The Financial Plan is organized by department budgets and funds, and program strategy. Funds are groupings of related accounts that are used to maintain control over resources that have been segregated for specific activities.

The Performance Plan is organized by goals, desired community conditions, and program strategy. A goal is a long-term result that is further defined by desired community conditions that would exist if the goal were achieved.

https://www.cabq.gov/dfa/budget

When it comes to the Albuquerque Police Department (APD), statistics are compiled in areas that reflect performance and outcomes aimed at influencing the larger outcomes and goals that APD is striving to achieve. The performance measures capture APD’s ability to perform the services at the highest level achieved from the previous year and the “target” level for the new fiscal year. Target levels and percentages are merely goals that may or may not be achieved.

The performance measures are absolutely critical in order for the City Council to understand fully the shortcomings and strengths of APD and make critical budget decisions. Without such statics, budget review and decisions are done in the dark and in a real sense become useless, become an exercise in futility and the city council is relegated to rubber stamping whatever budget is presented to them.

APD’S PERFORMANCE BASED BUDGET

The Albuquerque Police Department (APD) continues to be the largest funded department budget and it is about a fifth of the total General Fund Operating Budget. The Fiscal Year 2025 General Fund budget for the Albuquerque Police Department is $271.5 million, which represents an increase of 5.2% or $13.4 million above the Fiscal Year 2024 budget.  1,840 full time positions will be funded which includes funding for 1,010 sworn police positions.

The budget includes full funding for 1,010 sworn police officers which is identical to last year. However, the city has yet to hit its goal of 1,000 sworn police.  APD had 856 sworn officers last year and this year the highest number achieved was a 880 sworn police officers in the department and 50 cadets are currently going through the police academy.

The 2024-2025 approved budget includes the following specific funding:

• Funding for 1,010officers positions across the Albuquerque Police Department, including, with an increase in Police Service Aides and civilian support staff, with a targeted total of 1,100 sworn police
• $22 million for the use of crime-fighting technology through the Real-Time Crime Center and the APD Crime Lab
• $800,000 is allocated for support for the Office of the Superintendent of Police Reform and the Independent Monitoring Team for federal oversight and consent decree related expenses so that APD can reach reform goals.
• Funding for the Automated Speed Enforcement program, including hearing officers.

PERFORMANCE MEASURES

The following performance measures can be gleaned from the 2024-2025 proposed budget as they related to APD sworn personnel. The data reflects how effective APD has been with its budget over the last two years.

NUMBER OF SWORN APD OFFICERS:

Actual Fiscal Year 2022: 894 
Actual Fiscal Year 2023: 877
Mid- Fiscal Year 2024: 856
Target for Fiscal Year 2025: 1,100

NUMBER OF CADET GRADUATES:

Actual Fiscal Year 2022: 95
Actual Fiscal Year 2023:  85
Mid- Fiscal Year 2024: 54
Target for Fiscal Year 2025: 120

NUMBER OF 911 CALLS RECEIVED:

Actual Fiscal Year 2022: 459,720
Actual Fiscal Year 2023:  434,083 (Calls down 25,637)
Mid- Fiscal Year 2024: 215,492
Target for Fiscal Year 2025: 400,000

NUMBER OF 242-COPS CALLS RECEIVED:

Actual Fiscal Year 2022: 527,472
Actual Fiscal Year 2023:  448,100 (Calls down 79,372)
Mid- Fiscal Year 2024:  247,536
Target for Fiscal Year 2025: 550,000

NUMBER OF CALLS FOR SERVICE:

Actual Fiscal Year 2022: 512,394
Actual Fiscal Year 2023:  537,276   (24,882 INCREASE)
Mid- Fiscal Year 2024: 247,536
Target for Fiscal Year 2025: 550,000

EDITOR’S NOTE: Note the dramatic decline in calls to both emergency 911 calls and 242-COPS, but there was an increase in overall “calls for service” which is where sworn police are dispatched.

NUMBER OF VIOLENT CRIMES PER 100,000 RESIDENTS:

Actual Fiscal Year 2022: 2,312
Actual Fiscal Year 2023: 2,646 (334 INCREASE)
Mid- Fiscal Year 2024: 1,120

NUMBER OF PROPERTY CRIMES PER 100,000 RESIDENTS:

Actual Fiscal Year 2022: 7,229
Actual Fiscal Year 2023: 7,624 (395 INCREASE)
Mid- Fiscal Year 2024:  3,127

CLEARANCE RATE OF CRIMES AGAINST PERSONS  (e.g. murder, rape, assaults)

Actual Fiscal Year 2022: 44%
Actual Fiscal Year 2023:  40% (Clearance Rate Down 4%)
Mid- Fiscal Year 2024:  44%

CLEARANCE RATE OF CRIMES AGAINST PROPERTY  (e.g. robbery, bribery, burglary)

Actual Fiscal Year 2022: 9%
Fiscal Year 2023: 8% (Clearance Rate Down 1%)
Mid- Fiscal Year 2024:  8%

% OF STOLEN VEHICLES RECOVERED

Actual Fiscal Year 2022: 47%
Fiscal Year 2023: 67%
Mid- Fiscal Year 2024:  57%

CLEARANCE RATE OF CRIMES AGAINST SOCIETY  (e.g. gambling, prostitution, drug violations)

Actual Fiscal Year 2022: 57%
Actual Fiscal Year 2023: 44%  (Clearance Rate Down 13%)
Mid- Fiscal Year 2024:  55%

% HOMICIDE CLEARANCE RATE

Actual Fiscal Year 2022: 71%
Actual Fiscal Year 2023:  83%  (Up 12%)
Mid- Fiscal Year 2024:  93%

NUMBER OF FELONY ARRESTS

Actual Fiscal Year 2022: 6,122
Actual Fiscal Year 2023:  8,034  (Up 1,912)
Mid- Fiscal Year 2024:  4,633

NUMBER OF MISDEMEANOR ARRESTS

Actual Fiscal Year 2022: 9,799
Actual Fiscal Year 2023:  11,293 (Up 1,494 arrests)
Mid- Fiscal Year 2024:  5,883

NUMBER OF DWI ARRESTS

Actual Fiscal Year 2022: 1,287
Actual Fiscal Year 2023:  1,385   (Up 98 arrests)
Mid- Fiscal Year 2024:  674

PERCENTAGE OF CASES SUBMITTED TO THE DISTRICT ATTORNEY

Actual Fiscal Year 2022: 96%
Actual Fiscal Year 2023:  85% (Down 9%)
Mid- Fiscal Year 2024:  86%

APD’S WORKLOADS INCREASE AND DECREASE OVER 4 YEARS

Despite being severely understaffed, APD’s performance measure reveal that the department’s workload has increased and decreased over the last 4 years.

The number of calls for service increased by 24,882 going from 512,394 in 2022 to 537,276  in 2023 with the projected targeted number at 550,000 for 2025

APD’s felony arrests went up by 1,912 going from 6,122 in 2022 to 8,034 in 2023  with 4,633 felony arrests by midyear 2024.  Notwithstanding felony arrests going up over the last 2 years, APD felony arrest were much higher in 2020 with 10,945 felony arrests and in 2021 with 6,621 felony arrests.

APD’s misdemeanor arrests  also went  up 1,494 going from 9,799 in 2022 to 11,293 in 2023 with 5,883 misdemeanor by midyear 2024. Notwithstanding  misdemeanor arrests going up over the past 2 years, misdemeanor arrests were much higher in 2020 with 19,440 misdemeanor arrests and in 2021 with 16,520 misdemeanor arrests.

The number of DWI arrests has increased by a mere 98 arrests going from 1,287 in 2022 to 1,385 in 2023.  DWI arrests were much higher in 2020 with 1,788 DWI arrests and in 2021 with 1,230 DWI arrests.

The percentage of cases submitted to the District Attorney for prosecutions has gone down by 9% with 96% submitted in 2022 and 85% submitted in 2023. The lack of personnel to complete investigations in full contributes to the decline in case submitted.

CLEARANCE RATES DOWN IN ALL THREE MAJOR CATEGORIES

Clearance rates are where the “rubber hits the road” when it comes to law enforcement. The ultimate goal is to solve a case, apprehend a perpetrator and prosecute.  APD uses the National Incident-Based Reporting System (NIBRS) as required by the FBI and there are 3 major broad categories of crime. The 3 major categories are then broken down into 52 sub-categories.

NIBRS counts virtually all crimes committed during an incident and for that reason alone NIMRS is far more sophisticated than the “most serious incident-based” reporting SRS reporting system which list only 8 major categories of crime.

Over the past 2 years, APD’s clearance rates have gone down in all 3 major categories of crime:

CRIMES AGAINST SOCIETY include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes. APD’s clearance rate in Crimes Against Society went down 13%, going from 57% in 2022 to 44% in 2023.

CRIMES AGAINST PERSONS include murder, rape, and assault, and are those in which the victims are always individuals. APD’s clearance rate in Crimes Against Persons went down 4% going from 44% in 2022 to 40% in 2023.

CRIMES AGAINST PROPERTY include robbery, bribery, and burglary, or to obtain money, property, or some other benefit. APD’s clearance rate in Crimes property went down by 1% going from 9% in 2022 to  8% in 2023.  APD Spokesperson Franchesca Perdue said property crime clearance rates are generally low because there are usually no witnesses or offender information after the crime has been committed.

According to the proposed 2024-205 budget, APD’s goal is to more than double the clearance rate for property crimes setting a goal to clear 20% of property crimes. The department had the same goal last year but fell far short. APD Spokesperson Franchesca Perdue said this about APD’s low clearance rates in property crime:

“The most common way to overcome this is the use of surveillance videos, better lighting, and neighbors working together to report suspicious activity. … There is increased lab personnel to assist in processing evidence such as fingerprints and the number of crime scene specialists is the highest it’s been at the department. …  The hope is that more evidence will be gathered and processed, which will lead to more cases being solved and a higher clearance rate.”

The link to the relied upon and quoted news source is here:

https://citydesk.org/2024/more-than-90-of-property-crimes-in-albuquerque-arent-solved/?utm_medium=email&mc_cid=40922ff3e7&mc_eid=001367acf1

RECRUITMENTS UP BUT OFFSET BY DEPARTURES

Note that the approved APD budget of $271.5 million includes proposed funding for 1,100 sworn police officers and 725 civilian employees. APD acknowledges the 1,100 figure for sworn police officers is a goal established by previous administrations.  The last time APD reached the goal of 1,100 police officers was in 2009 under the third term of Mayor Martin Chavez. The Keller Administration now says that the 1,100 figure is an unrealistic goal.  According to the 2024-2025 proposed budget, by mid-fiscal year 2024, APD had 856 sworn officers. The 856 number is fewer than in fiscal year 2023 when there were 877 and in and 2022 when there were 894 officers.

APD Spokesperson Rebecca Atkins said this:

[The 1,100] goal is from the past and is unrealistic. … If the department reaches more than 1,000 officers, there is an administrative plan to request additional resources in order to fund the additional officers.   APD is focused on a [comprehensive approach to public safety] …That includes a multitude of things including civilianizing many areas of the department as well as advancements in technology, which have been a force multiplier for APD.”

City Councilor Dan Champine is a former APD Police Officer. He said  he thinks reaching 1,100 officers  and going  from 875 to 1,100 officers isn’t an unrealistic expectation, but it will  take time to reach that goal.

City Councilor Champine said this:

“You have an academy class that’s six months long and you put 50 people in the class, so you do two of those, that’s 100 people that are going to graduate in a year and put out on the streets. … And during that one year at a time, you lose 60 people because of retirement or moving or life, so now your net gain is 40.”

 APD Spokesperson Rebecca Atkins said in the last year, APD has seen a record number of recruits and some of the largest cadet classes in a decade.  However, 80 officers separated from the department during the last fiscal year with 40 sworn officers resigning, 35 retiring, and 5 terminated.

The city’s targeted number of recruits for next year is 120, although it has not yet broken 100 in previous years. In fiscal year 2023, there were 85 recruits and in 2022 there were 95. By mid-year of fiscal year 2024, APD had 54 recruits.

APD has ramped up its recruiting presence on social media platforms, television and in movie theaters. APD Spokesperson Rebecca Atkins said a plan was put into place in 2022 to ramp up recruiting efforts for the Police Service Aide program because they’re a pipeline to future officers. Police Service Aides are tasked with handling minor traffic crashes, writing reports, managing traffic control and assisting with other administrative duties. Atkins said this:

“There will always be retirements and separations year to year, but, the growing number of cadets in our academy and PSAs who will become future officers continue to add to the department’s growing numbers. … We will continue our recruiting efforts…which have been successful in reaching qualified candidates who want to join the department. Just in the last two years, nearly two dozen PSAs have become police officers at APD. … We also currently have nearly 100 PSAs in the department, which is the highest number in the department’s history.” 

Once PSAs are qualified to become officers which is usually when they turn 21  they can apply to become sworn officers.

https://citydesk.org/2024/mayors-proposed-budget-includes-5-more-funding-for-  police/?utm_medium=email&mc_cid=608fffdc41&mc_eid=001367acf1

ANALYSIS AND COMMENTARY

When it comes to the Albuquerque Police Department and the performance measure contained in the 2024-2025 it is painfully obvious that APD is falling short in getting its job done of public safety and when it comes to recruitment and retention of sworn police officers. The blunt truth is that there has been 15 years of zero progress on increasing sworn personnel numbers.

On December 1, 2009 when Mayor Richard Berry was sworn into office succeeding Mayor Marty Chavez, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded police department in its history. In 2009, APD was fully staffed with 1,100 sworn police officers.  APD response times had been brought down below the national average and violent and property crime rates in Albuquerque were hitting historical lows.

During the 8 years Mayor Richard Berry was in office, the city’s violent crime and property crime rates hit historical highs and APD went into a personnel meltdown going from 1,100 sworn police officers to 853 sworn police, a loss of 247 sworn police. Since taking office on December 1, 2017 Mayor Tim Keller has made Public Safety his number one priority over the last 7 years because of the city’s spiking crime rates.

Notwithstanding all of Mayor Keller’s efforts to recruit and expand APD, the department is still seriously short staffed despite the millions being spent on salary increases, sign on bonuses and being the best paid law enforcement agency in the state and the region.

According to the 2024-2025 proposed budget, by mid-fiscal year 2024, APD had 856 sworn officers which is only 3 more sworn police than the day Keller took office in 2017.  Given the volume of arrests and cases, APD is critically understaffed to complete its mission.

MULTIPLE REASONS FOR THE SWORN PERSONNEL MELT DOWN

It’s no too difficult to pin point the multiple reasons for the sworn personnel melt down over the last 15 years.

First, APD’s poor reputation has made it difficult to attract a new generation of police officers.  The Department of Justice civil rights investigation in 2013 contributed to APD’s poor reputation when it found that APD engaged in a pattern of “excessive use of force” and “deadly force” and found a “culture of aggression” with numerous judgments entered against the city for civil rights violations. The killing of homeless camper James Boyd in the Sandia Foothills by APD in 2014 expedited the city and APD entering into a consent decree that mandated 271 reforms and constitutional policing practices.  2 APD Officers were charged with murder  of Boyd, but the jury was unable to reach a verdict and the city settled the case for $5 Million. The consent decree was suppose to last only 4 years and be dismissed, but it lasted 9 years after APD management and the police union engaged repeatedly in obstruction tactics and failed to come into compliance with the reforms. On May 13, 3024, it was announced APD has come into compliance and it likely the case will be dismissed after 2 more years of being in full compliance.  A more recent scandal that has now rocked APD is the Bribery and Conspiracy Scandal to dismiss DWI cases where 9 police officers have now been implicated as the investigation expands.

Second, respect for law enforcement deteriorated all over the country as departments came under intensive scrutiny for civil rights violations and repeated killings of African Americans and other minorities. That intense scrutiny culminated with the killing of George Floyd and the conviction of 5 Minneapolis Police  Officers and the Black Lives Matter movement in the United States.

Third, violent crime,  property crime, and  the proliferation of drugs because of the drug cartels has  spiked dramatically all over the country  making it difficult to be a police officer. Murders in the United States reach an all time high, especially during the Covid-19 pandemic and law enforcement agency resources were stretched to historical levels.

Fourth, this countries obsession with guns and resistance to any and all gun control has resulted in even more guns being available to the criminal element in the United States endangering law enforcement.

Fifth, simply put, becoming a police officer has become less and less attractive making it difficult to attract a new generation of police officers. The workloads and pressures of being in law enforcement makes it unattractive profession on many levels.

FINAL COMMENTARY AND ANALYSIS

The biggest danger in hiring and returning retired APD officers is the danger of bringing back officers who created, contributed or did not stop the culture of aggression found by the Department of Justice and that contributed to the $62 million dollars in settlements for police use of excessive force and deadly force.

It may make financial sense for a retired APD cop to return to work, but you cannot rebuild a “new APD” by recruiting the “old APD”. APD needs to attract a new, younger generation of cop and even engage in a national recruiting program. Hiring incentives for young new recruits, such as paying off college debt, paying  relocation costs, providing home mortgage down payment or even  providing  major sign  on bonuses for  as much as $20,000 for a 4 year commitment to join APD should be explored.

On July 18, the city announced that the internal affairs investigation and disciplinary review of APD Chief Harold Medina for the February 17 car crash where he ran a red light critically injuring another has resulted in two “letters of reprimand” issued to Medina 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.  The letters of reprimand will be placed in Medina’s personnel file.  No other disciplinary action will be taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

APD spokesman Gallegos said in Medina’s 28 years in law enforcement, he was disciplined one other time also with a written reprimand in 2006. He said that was also for a traffic crash but did not give any further details on that incident. It turns out the 2006 reprimand was also issued by then Lieutenant Eric Garcia who was Medina’s supervisor at the time.

APD Chief Medina released a statement and said this:

“Obviously, I never intended to cause a crash. … I am grateful that Mr. Perchert is recovering from his injuries. All of our officers are held to the same standards and policies, I am no different.”

REFERRAL MADE TO NM DEPARTMENT OF JUSTICE

For the first time it was revealed that the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and determine if criminal charges should be brought.  APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after reviewing the crash. Deputy Attorney General Greer Staley released a statement and said this:

“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”

VICTIM OF CAR CRASH REACTS

Todd Perchert, the victim of the car crash Medina caused, is suing the city and Chief Medina to recover personal injury  damages from the February 17 car crash. Perchert has said the crash left him seriously injured, with titanium plates across his rib cage, deformed bones in his upper arm and stitches in his ear. Perchert says his life has changed and that he is in constant physical pain from the injuries sustained. Perchert said his classic gold Mustang was totaled by the insurance company, and he isn’t sure if he will try to fix it.

Perchert’s attorney, James Tawney, said they are seeking compensatory damages for Perchert’s injuries and the “damage he is going to have for the rest of his life.”  Personal injury attorney Tawney said this in a statement:

“The findings [of the Internal Affairs investigation and the reprimands confirm Medina’s] complete disregard for the rules designed to ensure the safety and well-being of all citizens.  Such breaches of protocol are unacceptable, especially from an individual in a position of authority and trust.  [This is the] first step toward achieving justice and ensuring accountability. … A written reprimand pales in comparison to the lifelong physical, psychological and emotional trauma he caused our client.  We will continue to pursue all legal avenues to secure the justice our client deserves.”

https://www.abqjournal.com/news/albuquerque-police-chief-reprimanded-for-crash-that-injured-man/article_48c6c9de-455d-11ef-a7de-77dd5b86acc9.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-police-chief-crash-disciplined/61640705

REVISITING FEBRUARY 17 CAR CRASH

Given the extreme weakness of the discipline imposed on APD Chief Harold Medina over the February 17 car crash, the facts and circumstances of what happened that day merit review.

On February 17 APD Chief Harold Medina and his wife were in a city unmarked APD truck on their way to a press conference with Mayor Tim Keller. Medina decided to stop and call APD to clear a homeless encampment. Medina witnessed two people fighting, a gun was pulled and pointed at Medina and a shot was fired.

In response Medina fled from the scene and drove through a red light and he T-boned a 1966 Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung and was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Chief Medina admitted he ran a red light. Medina and his wife were unharmed.

MAYOR KELLER AND CHIEF MEDINA PROCLAIM MEDINA WAS VICTIM

On February 17 during a news conference after the crash, Mayor Tim Keller reacted to the car crash by heaping highly questionable claims and praises on Chief Medina by saying this in part:

 [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.

Keller made no mention of the injured victim of the car crash.   A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.” Again, Keller makes mention of the serious injuries inflicted on Todd Perchert  the driver of the clsassic mustang. 

CHIEF’S CORNER ADMISSIONS  

On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this 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 said on the video he thought the oncoming Mustang would pass through intersection before he got there.  Medina said in his video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

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 away. Medina also admitted as before he did not have his body camera on at the time of the accident.

Chief Medina admitted that his wife has not been certified for police ride along with him. Medina said the SOP on police ride along has been relaxed by Mayor Keller where ride along forms to allow relatives to ride along with patrol officers and for personal use are no longer required.  In the video Medina says this:

“…we are not going to change processes or policies related to take home cars…the mayor fought hard in 2018 to make sure that we could have a life work balance…I’m going to make sure that uh you don’t have to fill out ride-along forms…”

The written APD standard operating procedures do not reflect any changes that unauthorized Patrol Ride-Along are allowed for family members.

APD RELEASES VIDEO OF CHIEF MEDINA’S CRASH REVEALING MAJOR DISCREPENCIES IN MEDINAS VERSION OF EVENTS

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the Mustang.  The surveillance video reveals two major falsehoods in Chief Medina’s version of events that he gave in his “Chief’s Corner” video statement:

1. That the intersection was clear when Medina ran the red light.
2. That Medina talked to the victim of the shooting.

The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting.  The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates to a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

Medina said in his Chief’s Corner video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”  Even though Medina said in his Chief’s Corner video that the traffic was clear on the North Lane on Central traveling West, the video shows it was not clear at all and there was oncoming traffic and he did not have his emergency equipment engaged.

The surveillance video shows Medina cutting in front of another car before accelerating at a fast rate of speed through the intersection. The video shows oncoming traffic with Medina first slowly inching between two vehicles traveling West on the North side lanes of Central and Medina then accelerating to cross to the South traveling lanes of Central at a high rate of speed and crashing into the Mustang that was traveling East on the South lanes of Central.

APD Chief Harold Medina could have totally avoided the entire crash by simply turning right to go West on Central as opposed to flooring his vehicle to go forward going South and attempting to turn left to go East. This would also have the immediate effect of driving the vehicle out of the line of fire with a motel building providing an extent of obstruction.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid east before coming to rest, facing west, in the eastbound lane.

REFERRAL MADE TO INTERNAL AFFAIRS

After the car crash, Medina supposedly passed a breath and drug test, but the results have  never been disclosed when and where and if it was done within the time frame required by APD standard operating procedures after the accident.  Medina referred the car crash to APD Internal Affairs and the Superintendent of Police Reform Eric Garcia for investigation due to his admission of not having his lapel camera on, an APD policy violation as well as a state law violation.

On April 3 Superintendent Garcia gave an update to the Albuquerque City Council on the Internal Affairs investigation of Chief Medina.  He said the APD Fatal Crash unit conducted an investigation, prepared a final report and forwarded it to the Crash Review Board.  The report concluded that while Chief Medina “did enter an intersection failing to obey the traffic control devise (sic) without activating his emergency lights and sirens … resulting in a vehicle crash causing injury”  the car crash was “non preventable”.  The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.”  APD said that Chief Medina would not be charged with any offense.

Notwithstanding APD’s decision not charge APD Chief for the car crash he caused, Superintendent of Police Reform Eric Garcia continued with his Internal Affairs investigation to determine what disciplinary action, if any, would be imposed on Chief Medina.

COMMENTARY AND ANALYSIS

The APD Crash Review Board voting  unanimously to deem Chief Medina’s crash as “non-preventable” was  an absolute farce. They ignored that Chief Medina’s car crash put another driver in the hospital in critical condition. It was ruled “unavoidable” by APD officers who are under Medina’s command.

It’s a no brainer that an independent, outside investigation should have been ordered immediately by Mayor Tim Keller and that Medina should have been placed on administrative leave pending that investigation. Instead, we have a sham of an investigation by police officers who work for Medina.

Simply put, the crash was preventable and could have been avoided by simply stopping at Central, or turning right to go West on Central.  Instead, Medina ran through a red light in a panic and floored the gas pedal of his vehicle and went forward.  The APD Crash Review Board voting unanimously to deem Medina’s crash “non-preventable” and the issuance of letters of reprimand by Superintendent of Police Reform Eric Garcia are nothing more than a cover up calling it a preventable accident that gives Chief Medina a defense and APD an excuse not to charge Medina with reckless driving. The finding will allow the City to argue the other driver was contributorily negligent as to crash responsibility.

NEW MEXICO STATUTORY LAW

There are two New Mexico Statutes that can be said that Chief Medina violated:

1. The Reckless Driving statute
2. The statute requiring the use of body cameras by police.

RECKLESS DRIVING VERSUS CARELESS DRIVING

The New Mexico Department of Justice decided not to charge Medina with careless driving after reviewing the crash proclaiming a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”  The car crash was not the result of “careless driving” but was the result of  “reckless driving” which is a far more serious offense than “careless driving.”

It is Section 66-8-114 of the New Mexico Statutes that defines Careless Driving as follows:

1. Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
2. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.

https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-114/#:~:text=Any%20person%20who%20operates%20a,is%20guilty%20of%20a%20misdemeanor.

It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:

1. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
2. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both.
3. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.

 https://law.justia.com/codes/new-mexico/2018/chapter-66/article-8/section-66-8-113/

Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”  Medina could have totally prevented the accident by turning right on Central but instead drove into oncoming traffic driving between 2 other vehicles and the accelerating over 3 lanes of traffic and plowing into Todd Perchert.

APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

MEDINA VIOLATED BODY CAMERA MANDATE

Chief Medina admitted that he did not have his body camera on during the February 17 incident and car crash and he has now been given a written reprimand for it.

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads as follows:

1. A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsection B of this section.

Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

(1) requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;

(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;

(3) requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and

(4) establishing disciplinary rules for peace officers who:

(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;

(b) intentionally manipulate a body-worn camera recording; or

(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.

B.The provisions of Subsection A of this section shall not apply when a peace officer:

(1) conducts an undercover operation sanctioned by a law enforcement agency; or

(2) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.

2.  Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection 1 of this section may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.

Chief Medina failed to comply with the statute by not having his body camera activated to record the encounter he had.  There are serious consequences for Chief Medina’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), he “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

Now that the victim of the February  17 Todd Perchert is suing the city, you can expect that a count for “bad faith” by Medina  will be included in the civil complaint filed  that will compound and inflate damages and perhaps allow for punitive damages that Medina will expect the city to pay. 

STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated more than two of  APD’s Standard Operating Procedures, with Superintendent of Police Reform Eric Garcia ignoring all but two of those Standard Operating Procedures with his letters of reprimand.

Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation.  Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following APD Standard Operating Procedures:

1. Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner(Standard  Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and  2-8-5 “Mandatory Recordings”)
2. Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is  not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
3. Chief Medina  did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
4. Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
5. Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
6. Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
7. Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)

CHIEF NOT EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

If this was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them.  That is exactly what happened when a few years ago an APD officer ran a red light traveling at a high rate of speed and crashed into another vehicle seriously injuring himself and critically injuring a mother and her two children.   The case resulted in a multimillion-dollar judgement against city.

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

SLAP ON THE WRIST

It is downright obscene and an insult to the general public’s intelligence that APD Chief Harold Medina was given nothing but a mere “slap on the wrist” for almost killing someone and causing permanent and lifelong injuries to that person.  The issuance of 2 letters of reprimand to Chief Median by the Superintendent of Police Reform Eric Garcia is a disgrace and so very wrong and means Chief Harold Medina will not be held accountable nor disciplined in any meaningful way for serious violations of APD standard operating procedures and state law.

Given the seriousness of the infractions, Mayor Tim Keller should set aside the 2 letters of reprimand and terminate Chief Medina for cause or at least suspend Chief Medina and place him on administrative leave without pay for a period of time.  Mayor Keller should also refer for investigation the car crash to the Bernalillo County District Attorney office where it belongs for possible charges of Reckless Driving.

The link to a related Dinelli blog articles are here:

https://www.petedinelli.com/2024/02/19/apd-chief-medina-and-wife-in-car-crash-while-fleeing-gunfire-in-city-vehicle-driver-of-other-car-sent-to-hospital-in-critical-condition-chief-medina-likely-violated-numerous-standard-operating-proce/

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures

President Joe Biden announced Sunday,  July 21, that he will end his presidential re-election campaign, bringing an abrupt and humbling conclusion to his half-century-long political career and scrambling the race for the White House just four months before Election Day.

Biden, 81, could not reverse growing sentiment within his party that he was too frail to serve and destined to lose to Donald Trump in November. He backed Vice President Kamala Harris in no uncertain terms to replace him as the Democratic nominee.

President Biden has been diagnosed with COVID and is self isolating and recovering at his home in Delaware.

https://www.nbcnews.com/politics/2024-election/president-joe-biden-drops-2024-presidential-race-rcna159867

Following is President Joe Biden’s letter:

July 21, 2024

“My Fellow Americans,

Over the past three and a half years, we have made great progress as a Nation.

Today, America has the strongest economy in the world. We’ve made historic investments in rebuilding our Nation, ion lowering prescription drug costs for seniors, and in expanding affordable health care to a record number of Americans. We’ve provided critically needed care to a million veterans exposed to toxic substances. Passed the first gun safety law in 30 years. Appointed the first African American woman to the Supreme Court. And passed the most significant climate legislation in the history of the world. America has never been better positioned to lead than we are today.

I know none of this could have been done without you, the American people. Together, we overcame a once in a century pandemic and the worst economic crisis since the Great Depression. We’ve protected and preserved our Democracy. And we’ve revitalized and strengthened our alliances around the world.

It has been the greatest honor of my life to serve as your President. And while it has been my intention to seek reelection, I believe it is in the best interest of my party and the country for me to stand down and to focus solely on fulfilling my duties as President for the remainder of my term.

I will speak to the Nation later this week in more detail about my decision.

For now, let me express my deepest gratitude to all those who have worked so hard to see me reelected. I want to thank Vice President Kamala Harris for being an extraordinary partner in all this work. And let me express my heartfelt appreciation to the American people for the faith and trust you have placed in me.

I believe today what I always have: that there is nothing America can’t do — when we do it together. We just have to remember we are the United States of America.”

— Joseph R. Biden, Jr.

https://www.indystar.com/story/news/politics/2024/07/21/read-joe-bidens-letter-announcing-his-decision-to-drop-out-2024-election-president/74490492007/

In addition to the letter, President Biden also tweeted as follows:

“My fellow Democrats, I have decided not to accept the nomination and to focus all my energies on my duties as President for the remainder of my term. My very first decision as the party nominee in 2020 was to pick Kamala Harris as my Vice President. And it’s been the best decision I’ve made. Today I want to offer my full support and endorsement for Kamala to be the nominee of our party this year. Democrats — it’s time to come together and beat Trump. Let’s do this.”

COMMENTARY AND ANALYSIS

President Joe Bidens decision to withdraw from the race is about as big a bomb shell as it gets and happened a mere 21 days since his disastrous debate performance, one month before the Democratic Party Nominating Convention and a little more than 4 months before the election. Now all eyes are on Kamala Harris and if she can in fact mount a successful campaign to secure the nomination, who she will select as her Vice President nominee and if former President Donald Trump can keep up his momentum.

The New York Times reported the news in part as follows:

“The president’s decision upended the race and set the stage for a raucous and unpredictable campaign unlike any in modern times, leaving Ms. Harris just over 100 days to consolidate support from Democrats, establish herself as a credible national leader and prosecute the case against Mr. Trump.

Although Democratic convention delegates must ratify the choice of Ms. Harris to take over as standard-bearer next month, Mr. Biden’s endorsement meant the nomination was hers to lose and she appeared in a powerful position to claim it. While Mr. Biden, 81, remained president and still planned to finish out his term in January, the transition of the campaign to Ms. Harris, 59, amounted to a momentous generational change of leadership of the Democratic Party.

The president’s decision meant that a nomination will be settled at a convention rather than through primaries. Ms. Harris starts the truncated process in the strongest position. Within minutes of Mr. Biden’s announcement, one potential rival, Gov. Gretchen Whitmer of Michigan, announced she would not run. Another, Gov. Gavin Newsom of California, had previously said he would not challenge Ms. Harris.”

The link to the full unedited New York Times report is here:

https://www.nytimes.com/2024/07/21/us/politics/biden-drops-out.html

It is being reported that  New Mexico Senior Senator Martin Heinrich, who is up for reelection to a third term  became the third Democratic US Senator to publicly call on President Joe Biden to leave the presidential race. Heinrich said this:

“This moment in our nation’s history calls for a focus that is bigger than any one person, The return of Donald Trump to the White House poses an existential danger to our democracy. We must defeat him in November, and we need a candidate who can do that.  While the decision to withdraw from the campaign is President Biden’s alone, I believe it is in the best interests of our country for him to step aside. … By passing the torch, he would secure his legacy as one of our nation’s greatest leaders and allow us to unite behind a candidate who can best defeat Donald Trump and safeguard the future of our democracy.

Polling conducted by the National Republican Senatorial Committee and GOP nominee Nella Domenici’s campaign last month showed her in a margin-of-error race with Heinrich, though Democrats have expressed confidence about their chances for the seat.

An AP-NORC poll found nearly two-thirds of Democrats want Biden to withdraw. These calls have been mounting since the first presidential debate and subsequent public appearances that raised questions about his age and his ability to serve a second term.

Biden will turn 82 in November. If elected to a second term, he would leave office at age 86.

Heinrich joins fellow Democratic Sens. Peter Welch of Vermont and Jon Tester of Montana in publicly calling on Biden to step aside.

Senator  Peter Welch  became the first Democratic senator to call on President Joe Biden to step aside as the party’s presidential nominee. Welch said this in a Washington Post op-ed:

“The stakes could not be higher. We cannot unsee President Biden’s disastrous debate performance. We cannot ignore or dismiss the valid questions raised since that night. I understand why President Biden wants to run. He saved us from Donald Trump once and wants to do it again. … But he needs to reassess whether he is the best candidate to do so. In my view, he is not. For the good of the country, I’m calling on President Biden to withdraw from the race.”

Senator Jon Tester, who is up for reelection in Republican-leaning Montana said this about Biden stepping aside:

“Montanans have put their trust in me to do what is right, and it is a responsibility I take seriously.  … I have worked with President Biden when it has made Montana stronger, and I’ve never been afraid to stand up to him when he is wrong. And while I appreciate his commitment to public service and our country, I believe President Biden should not seek re-election to another term.”

U.S. REPRESENTATIVE GABE VASQUEZ CALLS UPON PRESIDENT BIDEN TO WITHDRAW

On July 19, New Mexico U.S. Representative Gabe Vasquez called upon President Biden to withdraw from the race. In a statement released the freshman congressman called Biden an honorable public servant and said  this:

“President Joe Biden is an honorable public servant who has dedicated his career to bettering the lives of all American. … We owe him a great debt of gratitude for his time serving our nation. However, I believe too many of our fundamental freedoms and the wellbeing of our nation are at risk under a Trump presidency, and President Biden should step aside to give Democrats the best opportunity to win this November. … With abortion rights under attack and our Democracy at stake, we must unite to defeat Donald Trump and MAGA extremists. But make no mistake, regardless of who our nominee is, my number one job will be to take care of the people of my district and continue bringing results home to New Mexico.”

Vasquez has previously declined to answer questions about whether Biden should exit the race  after Biden’s debate last month with Trump raised questions about his mental acuity and ability to serve another term.  Vasquez narrowly defeated Republican incumbent Yvette Herrell in 2022 to win a district that was significantly redrawn by lawmakers a year earlier during the once-per-decade task of redistricting. He is facing a rematch with Herrell this year in what’s expected to be one of the nation’s most competitive  and expensive races.

https://www.abqjournal.com/news/two-nm-congressional-democrats-call-on-biden-to-drop-out-of-race/article_a46afd56-45ed-11ef-a410-134ea284f8fe.html

https://www.koat.com/article/new-mexico-president-joe-biden-calls-end-campaign/61649643#:~:text=U.S.%20Rep.%20Gabe%20Vasquez%20has,from%20KOAT%20Action%207%20News%22

The links to other quoted  and relied news sources are  here:

https://www.kob.com/new-mexico/heinrich-calls-on-biden-to-drop-out-of-us-presidential-race/

https://www.cnn.com/2024/07/10/politics/peter-welch-democratic-senators-biden/index.html

https://www.cnn.com/politics/live-news/biden-trump-rnc-07-19-24/index.html

https://www.newsweek.com/joe-bidens-family-mapping-out-plan-drop-out-report-1927721

On July 18, commencing at noon, the New Mexico Legislature convened a Special Session called by Governor Michelle Lujan Grisham to consider Public Safety measures. The governor’s public safety package was comprised of eight bills that addressed criminal competency standards, mental health treatment, crime reporting, pedestrian safety, gun violence, drug overdoses, and wildfire relief. She also added three bills in the final hours before the session including bills to address fentanyl distribution and racketeering.

When it was all said and done and within 5 hours of the special session convening, it came to an abrupt end with none of the Governor’s public safety measures enacted. The only legislation passed by  lawmakers was the approval  funding outlined in HB 1. 

A breakdown of the funding  in House Bill 1 is as follows:

• $10 million to the Mescalero Tribe to address damages caused by the South Fork and Salt fires.
• $10 million for wildfire mitigation; watershed restoration, slope stabilization, erosion control around the state.
•  $10 million for individuals and businesses applying for or in the claims process to receive public assistance funding from the federal emergency management agency for damages caused by flooding or a fire.,
• $70 million to the State Board of Finance to provide zero-interest reimbursable loans to political subdivisions that have been approved for federal assistance to replace or repair public infrastructure damaged by the Salt and South Fork fires, including damages from flooding.
•  $3 million to the Administrative Office of the Courts to fund assisted outpatient treatment programs and competency diversion pilot programs
•  $211,900 to pay for the special session.

Senate Majority Leader Peter Wirth , D-Santa Fe said this of the appropriations:

“I would certainly ask the governor not to line-item veto this money and I would go one step further: I would suggest that by signing this diversion money into law, it’s an important first step towards rebuilding the collaborative relationship that needs to exist between the three equal branches of government.”

LEGISLATORS REPOND TO CRITICISM FOR NOT ADDRESSING PUBLIC SAFETY

Immediately after adjournment of the Special Session she had called, Governor Michelle Lujan Grisham issued the following statement:

This legislature just demonstrated that it has no interest in making New Mexico safer. Not one public safety measure was considered. Not one, despite the bills having the backing of police chiefs, public safety unions, mayors, prosecutors, businesses, tribal leaders, crime victims and others who have seen firsthand the erosion of public safety that has deeply damaged the quality of life in our state. 

Today I visited a neighborhood that is being ravaged by dangerous activity and everyday petty crime. Families can’t walk in the park, employees are scared to go to work, and businesses are shuttering. For the legislature to ignore these stark realities is nothing less than a dereliction of duty. 

The legislature as a body walked away from their most important responsibility: keeping New Mexicans safe. But it is noteworthy that a majority of Republicans would have passed many or all of these bills — they were blocked. 

The legislature should be embarrassed at their inability to summon even an ounce of courage to adopt common-sense legislation to make New Mexicans safer. For those of you who go home to the sound of gunshots, who see hypodermic needles in your parks, and the families desperate to get a loved one living on the street the help they deserve, I’m sorry that most of our elected officials didn’t even try. 

This was one of the most disappointing days of my career, and the public should be outraged. My promise to you is that I will not stop fighting to protect you and your families. 

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/politics-government/legislature/new-mexico-house-approves-funding-for-special-session-wildfire-relief-and-court-programs/

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/new-mexico-legislature-adjourns-special-session-on-public-safety/

https://nmindepth.com/2024/enraged-governor-blisters-legislature-for-five-hour-special-session/

https://www.abqjournal.com/news/governor-legislature-should-be-embarrassed-after-rejecting-her-special-session-agenda/article_35be453e-4548-11ef-a9d4-4bc01c0232b9.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

When the Governor lashes out and says “The legislature should be embarrassed at their inability to summon even an ounce of courage to adopt common-sense legislation to make New Mexicans safer”, it is she that should be embarrassed as she refused to accept any responsibility for what happened.  Simply put, the Governor was part of the problem advocating complicated legislation without much analysis.

It was on April 17 that New Mexico Gov. Michelle Lujan Grisham announced she was calling state legislators into a Special Session starting July 18 with a focus on addressing public safety proposals. During the 3 months before the session, the Court, Corrections and Justice Interim Committee, consisting of  36 House and Senate members, conducted a number of extensive  day long hearings on the legislation  with the Governor’s Office making presentations and stake holders offering research and analysis.  At one point the Governor actually withdrew legislation and offered substitute legislation.

Members of the Court, Corrections and Justice Interim Committee made it clear repeatedly that the changes to the mental health commitment laws were way too complicated for a Special Session and there was a need for more time and research on the proposals, but the Governor rejected  the arguments made and refused to listen. Some of the presentations made by the Governor’s representatives, including the Governor’s general council, were woefully inadequate reflecting a misunderstanding of civil judicial mental health commitment  process and the resources that will be needed for the courts to carry out changes to the mental health commitment process. None of the legislation the Governor advocated for with respect to mental health commitment provided for funding for the courts and mental health facilities.  The Governor went so far as to engaged in an aggressive public relations campaign the week before the session that included press conferences with those she solicited to attend, interviews and letters to the editors to convince lawmakers that her proposed legislation was ready for prime time when it was not.

The Governor and her administration must accept responsibility for a failure in leadership to reach a consensus with house and senate leadership on any of the legislation she wanted before she called the special session in the first place. The only thing the Governor accomplished is having a little temper tantrum complete with self righteous rhetoric for all the world to see for not getting her way that was beneath the dignity of her office.

The Governor would be wise to set aside her animosity against the legislature for what happened. She should  meet with the legislative leadership personally and immediately to  access what can be done to regroup and come up with a consensus on a viable public safety package they are will to sponsor and enact  during the 2025 legislative session.

On April 17, New Mexico Gov. Michelle Lujan Grisham announced she was calling state legislators into a Special Session starting July 18 with a  focus on addressing public safety proposals. There are a total of 5 measures Governor Michelle Lujan Grisham put forward for the July 18 Special Session. The postscript to this blog article provides a summation of the 5 proposals. Since the April 17 announcement of a special session,  absolutely no agreement has been hammered out between the Governor’s Office and majority Democrats in the run-up to the special session on any of the legislation.

GOVERNOR ISSUES SPECIAL SESSION  PROCLAMATION

On July 17, Governor Michelle Lujan Grisham issued her proclamation calling lawmakers into Special Session on July 18 commencing at noon. The proclamation authorizes 9 issues for legislative debate during the special session. The  list includes emergency aid for damages caused by the South Fork and Salt fires that scorched the Ruidoso area last month, as well as funding to pay for the session, which is expected to cost at least $50,000 per day.

As expected, the  special session agenda primarily focuses on crime issues. The proposals include requiring temporary holds for certain criminal defendants deemed incompetent to stand trial, more frequent crime reports from law enforcement and enhanced criminal penalties for individuals with felony convictions who are found with guns. In a surprise move, outgoing  Albuquerque Republican Sen. Mark Moores said he had agreed to sponsor most of the bills. As part of the  agreement for Moore’s to sponsor the legislation, the Governor added Republican-backed proposals dealing with racketeering and penalties for fentanyl trafficking and possession as part of the back-and-forth discussions.

https://www.abqjournal.com/news/governor-sets-stage-for-showdown-broadens-special-session-agenda/article_95437bae-4454-11ef-a926-d322166e45d7.html#tncms-source=home-featured-7-block

ORTIZ Y PINO GUEST OPINION COLUMN

On July 17, the Albuquerque Journal published the following 600  word guest opinion column by Progressive Democrat State Senator Gerald Ortiz y Pino entitled “Special Session Can Close The Door For Minor And Nuisance Crimes”:

“Gov. Michelle Lujan Grisham is calling the Legislature into session on Thursday. The substantive issue among the four topics she wants discussed is mandating treatment for people who come before the courts for offenses that were committed under the effect of mental illness or substance use disorder.

I carried Senate Bill 16 in the January session this year, a bill supported by the governor that dealt with this topic. It drew considerable opposition from defense attorneys, civil libertarians and disability advocates. It ultimately was tabled in the Senate Judiciary Committee.

I took careful notes during all the discussions and presentations on SB 16. The objections raised were important — and valid. SB 16 needed considerable work. It was not ready for prime time.

Still, I am of the opinion that until we end the revolving door of impaired individuals who are released by the courts because jail is not where they belong we will not get a handle on our homelessness and petty crime problems.

Several new approaches to revising the competency statute are being worked on. I am worried that a two- or three-day special session is not where a major overhaul of a complex law ought to be tackled.

But that doesn’t mean we can’t do something valuable in the session.

We already have an Assisted Outpatient Treatment statute on the books. It was passed in 2016 after a five-year struggle led by former Senate President Mary Kay Papen.

It uses the “black robe effect” of judicial authority to urge people before the court for a criminal offense to get into treatment instead of going to jail.

It was passed only after we deleted the consequence of jail for those who did not voluntarily go into treatment. After seven years, only Doña Ana County makes much use of the existing AOT law.

Occasionally, I am told, it is used in Bernalillo district courts. The drawback is that after passing the AOT bill, the Legislature failed to ever appropriate money for the services that were to be offered.

Sen. Papen tried in 2019 and again in 2020 to secure funding for AOT. It failed each time.

Thus there are two big problems with AOT that could be dealt with in the special session. First, it is useless to mandate treatment if we don’t have enough treatment services for those who are voluntarily seeking them.

Forming longer waiting lines isn’t going to do any good.

Second, we need to re-focus AOT onto misdemeanor cases and away from felonies. The revolving door is largely spinning out into our streets, parks and alleys those arrested for minor and nuisance crimes.

If AOT was focused on getting them help in the form of housing, medication and case management, we would see a reduction in the homeless population.

The state has financial resources to do this. Sen. Papen knew this. We all do. What we lack is any confidence that spending money on this population will work. Yet it has proven to work in other cities where it has been tried. Miami, for one, is often pointed to as an exemplar for providing service instead of jail as a way to reduce homelessness.

Of course, the Medicaid program could provide, as advocates have urged, a new waiver for those with mental illness and substance use disorder. Other states have done that. It could include supportive housing. That way the federal government would pay 75% of the cost.

Adequate funding for AOT services statewide is something the special session could accomplish. That would be a huge step in reducing the behaviors that can lead to more serious crimes.”

Gerald Ortiz y Pino, D-Albuquerque, represents District 12 in the New Mexico Senate and serves as chair of the Senate Health & Public Affairs Committee. Senator Ortiz y Pino is retiring and is not seeking another term.

SENATE BILL 16 EXPLAINED

Senate Bill 16 was the criminal competency bill introduced in the 2024 session that would have mandated court-ordered treatment for a defendant deemed dangerous and incompetent to stand trial. Under current laws, individuals found incompetent largely have charges against them dismissed and are given information about services. The bill never made it to the floor. Lujan Grisham said this:

“We need a tool for folks who are repeat offenders because of these issues — substance abuse, behavioral health, mental health issues — to make sure that they can get the required treatment for more than a minute.”

PROVSIONS FOR VARIOUS DEGREES OF CRIME

The legislation included provisions for the various levels of crimes.

For violent felonies, if the defendant regained competence, the prosecution would continue. If the defendant failed to gain competence, they will remain in the residential facility with intermittent reporting to the court about his progress.

For non-violent felonies only the defendant would be referred to a diversion to treatment program for no longer than 18 months.

Upon completion, charges are dismissed.

If a defendant was unable or refuses to participate once referred, they would be assessed for civil commitment or assisted outpatient treatment.

For misdemeanors, the defendant could be diverted to treatment and wraparound services for up to 6 months.

https://ladailypost.com/gov-michelle-lujan-grisham-announces-legislation-that-increases-access-to-mental-health-services-for-repeat-defendants-in-new-mexico/

SUPPORT FROM PROSECUTION AND DEFENSE

The term “revolving door” is often used to refer to criminals who are arrested, released before trial with conditions, and then arrested again for committing more crimes.  During the 2024 legislative session, state lawmakers did approve a bill that addressed to some extent part of the issue, but law enforcement leaders say the revolving door also includes suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets only to be arrested again.  It’s a gap in the system that state leaders want to close, but changing state law is only part of the solution.

Bernalillo  County District Attorney Sam Bregman said he  believed state lawmakers were on the right track with Senate Bill 16 to allow judges to order certain low-level suspects into behavioral health treatments to restore their competency so they’re able to stand trial. Bregman said this:

“Right now we just keep doing the same thing and we’re just having people go through the system with no real help for them, and it’s not good for the community. … A tremendous amount of cases are being dismissed because if someone’s not competent, they can’t help in their defense … and that’s not the way our criminal justice system works.”

Chief Public Defender Bennett Bauer said he agrees the system need to be fixed. Bauer said this:

“It’s important that people know that treatment, instead of incarceration, isn’t just to be nice to the person facing the charge. … It’s really what builds community safety. … We, as a community, need to step in, but much of that is stepping in and providing assistance to lift those folks up.”  

Notwithstanding Bauer saying the system needs to be fixed, he said it was a good thing Senate Bill 16 died in the Roundhouse because he believes lawmakers and law enforcement leaders need more time to work through those health care capacity issues and a  mental health care system that  is does not have enough providers nor facilities to do mental health evaluations. Bauer said this:

“Creating the capacity for treatment in the 33 counties in New Mexico, and at the same time, we create a court system that supports that community safety is critical.”

https://www.kob.com/new-mexico/new-mexico-faces-critical-public-safety-gap-competency-and-behavioral-health-treatment/

https://seconddistrictcourt.nmcourts.gov/home/programs-specialty-courts/pre-trial-services/jsdp-programs/mental-health-court/

ASSISTED OUTPATIENT TREATMENT PROGRAM

One of the governor’s proposals for the Special session is intended to strengthen a 2016 law that allows district judges to order involuntary treatment for people with severe mental illness who have frequent brushes with law enforcement. The program is called the Assisted Outpatient Treatment, or AOT, was approved by lawmakers in 2016.

The court-supervised Assisted Outpatient Treatment program is intended for those who have a history of arrests and hospitalizations and who do not or who are unlikely to voluntarily adhere to prescribed treatments.  The law passed in 2016 allows for State District Court Judges to order people into mandatory treatment programs, which includes medication, therapy or drug testing. Participants have to be at least 18 years old, have a mental illness diagnosis and have a history of not following through with treatments ordered. Under the original law passed, cities and counties have to opt into the program to participate. In the eight years since the law was enacted, only Doña Ana County, in the state’s 3rd Judicial District, has implemented a functioning AOT program.  The program serves about 40 people a year.

Holly Agajanian, chief general counsel for the Governor’s Office, told members of the House Courts, Corrections and Justice Committee last month that legislation is needed to expand the program statewide.  Agajanian told lawmakers:

“Even though jurisdictions are already statutorily allowed to implement these programs, they aren’t doing it.”

COST OF SPECIAL SESSIONS

On July 17, the online news agency New Mexico In Depth publish a story that addressed the cost of a Special Session. The article was written by New Mexico In Depth reporter Trip Jennings.  Below are quoted excerpts from the article:

[According to the New Mexico In Depth report], the cost of a special session is often determined by how many days it lasts, plus the daily rate the Legislative Council Service sets for each day state lawmakers are in session. The two factors help to explain why in the past decade special sessions, on average, have been less expensive than in the two decades preceding it.

“The average cost to taxpayers of the last eight special sessions held from 2015 through 2022 was $164,970, according to a review of special session costs 1990 to 2022, the year of the last special session.

From 2002 through 2011 the average price tag of seven special sessions and one extraordinary session was much higher, $309,856. (Special sessions are called by governors, who set the agenda. State lawmakers called themselves into session to override then-Gov. Gary Johnson’s veto of the state budget in 2002.) And that was lower than the prior decade, from 1992 through 2001, when the average cost of six special  sessions was $357,641.

In six of the last eight special sessions held from 2015 through 2022, state lawmakers were paid for five days or fewer to conduct the state’s business. In the decade that produced the costliest special session average — 1992 through 2001 — state lawmakers were paid for six days or more in four of the six special sessions.

The Legislative Council Service hasn’t set a daily rate for this week’s special session. But the cost of each day state lawmakers were in special session over the past 30 years has hovered just below $45,000. There have been noticeable deviations. The highest daily rate was recorded in 2022 for that year’s special session — $71,484; the lowest — $28,035 — came in 2007 for that year’s special session.

To summarize, the shorter a special session, the less expensive it is. Or to state the inverse, the longer a special session lasts, the more expensive it is.”

https://nmindepth.com/2024/special-session-turns-into-a-game-of-chicken-who-will-blink-first/?mc_cid=2c0f329fe7&mc_eid=1d7cc037e1

COMMENTARY AND ANALYSIS

It is extremely disappointing that since April 17 when Governor Michelle Lujan Grisham called for a special session, absolutely no consensus was reached on any of the legislation. The failure to reach any consensus is a reflection of failed leadership on both sides. Unless a consensus on any legislation can be arrived at and within a 3 to 4 day session, the Special Session should adjourned as a waste of taxpayer money.

Progressive Democrat State Senator Gerald Ortiz y Pino provides a means for both the Governor and the New Mexico Legislature to safe face and enact meaningful legislations during the Special Session. Specifically, the Special Session should enact a version of Senate Bill 16 that was proposed in this year’s 2024 legislative session and expand and fund Assisted Outpatient Treatment program and mandating that it be a mandatory program in judicial districts an include full funding.

POSTSCRIPT

On June 6, Governor Michelle Lujan Grisham’s Office outlined to the Court, Corrections and Justice Interim Committee five public-safety measures she wants legislators to address during the July 18 special session of the New Mexico legislature. The 5 measures can be summarized as follows:

The first measure would make changes to the state’s criminal competency law. This bill involves involuntary civil commitment for defendants charged with a serious violent offense, a felony involving the use of a firearm, or those defendants who have been found incompetent two or more times in the prior 12 months. Judges would be required to order district attorneys to consider filing for involuntary commitment, giving judges the ability to detain a defendant for up to seven days for the petition to be initiated. The intent is to prevent mentally incapacitated individuals from harming themselves or the public.

Supporters say there are far too many suspects who are arrested, deemed incompetent to stand trial, and then released back on the streets only to commit more crimes. It’s a bill designed to address in part the so-called “revolving door” where defendants are arrested only to be found incompetent to stand trial and then released. The  legislation is intended to strengthen a 2016 law and a program originally signed into law by former Governor Susana Martinez that allows district judges to order involuntary treatment for people with severe mental illness who have frequent brushes with law enforcement. It involves a program called the “Assisted Outpatient Treatment” (AOT).

The second measure would broaden the definitions of danger to oneself and danger to others in New Mexico’s involuntary commitment statute   that mandates involuntary treatment for people with mental illness. The bill would allow a judge to mandate out-patient treatment,. It would allow individuals, whether first responders, family members or community members who work with mentally ill individuals on the streets to request involuntary out-patient treatment.

There are 3 other measures that the Governor wants the Specials Session to enact apart from the two mental health proposals.  All three of those measures are leftovers from the 2024 legislative session.  The 3 additional measures proposed by the Governor are ones that cannot be consider as a having a real sense of urgency and for that reason alone  she should withdraw those measures.  All 3 should be handled in the regular session for the following reasons:

The third measure  would strengthen penalties for a felon convicted of possessing a firearm, making the crime a second-degree felony, punishable by a minimum of nine years in prison is one that standing alone will not make that much of a difference.  During the Governors tenure, the legislature has in fact increased felony criminal penalties  upwards of 6 times.

The fourth measure would prohibit pedestrians from occupying highway medians, on-ramps and exit ramps is directed at the unhoused and panhandling in general and  is an exercise in futility. Such laws are difficult to enforce and law enforcement needs to concentrate on far more serious crime. Albuquerque has enacted such an ordinance, as has other communities, and it goes unenforced as panhandlers and the unhoused continue to occupy medians and on ramps and as the ACLU is successfully challenge  the laws in court as being unconstitutional.

The fifth measure  would require law enforcement agencies to report certain monthly crime incident reports and ballistic information could likely be accomplished by executive orders and does not necessarily need legislation. Better cooperation between law enforcement is what is needed.

Gov. MLG Insists On Going Forward With July 18 Special Session Despite No Consensus Reached On Proposed Legislation; No Consensus On Any Legislation For Special Session Reflects Failed Leadership; Cancel Special Session