On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  On September 28, 2023, the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.”  The report spans the time period from 1999 to 2023.  The report was issued as a direct response to Gov. Michelle Lujan Grisham’s September  8  Executive Order 2023-0130, declaring a public health emergency due to gun violence.

Patrick Allen, Secretary for the Department of Health had this to say about the report:

“The findings of this report are clear: New Mexico faces an urgent firearm-related injury crisis. … The alarming surge in firearm-related injuries and deaths revealed in this report demands our immediate attention. We must work together as a community to implement effective interventions that will save lives and reduce the economic burden on our healthcare system.”

The link to review  the full 23 page report with elaborate graphs and pie  charts is here:

https://www.nmhealth.org/publication/view/report/8463/

KEY FINDINGS AND CONCLUSIONS OF REPORT

The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report with supporting graphs and pie charts are as follows:

INCREASE IN FIREARM-RELATED DEATHS

• Over the past two decades, New Mexico’s firearm death rates rose from seventh highest nationwide in 1999 to third highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
• While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

DEMOGRAPHIC AND GEOGRAPHIC DISPARITIES

• Men of all age groups were found to be at highest risk for firearm-related injuries and deaths.
• Racial/ethnic inequities: Non-Hispanic American Indian, Non-Hispanic Blacks, and Hispanics, experienced substantial increases in firearm injury death rates between 2017 and 2021.
• The Northeast and Metro Health Regions experienced a substantial increase in firearm injury emergency department (ED) visits over the past two years (Northeast: +30%; Metro: +22%).

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

Between 2019 and 2022, there was a 16% increase of patients being admitted to intensive care and a 61% increase in patients being transferred from ED to the operating room

SIGNIFICANT INCREASE IN ALCOHOL AND SUBSTANCE USE CONTRIBUTING TO INCREASED FIREARMS DEATHS

• Between 2019 and 2020, there was an 89% increase in alcohol dependence for homicides. involving firearms. Additionally, from 2018 to 2020, there was a 475% increase non-alcoholic substance dependence for homicides involving a firearm.
• Between 2018 and 2020, there was an 85% increase in alcohol dependence and a 120% increase in non-alcoholic substance abuse for suicides involving a firearm.

LACK OF SAFE STORAGE AS RISK FACTOR FOR FIREARM INJURY AND DEATH

• In 2022, 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
• In 2022, households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm.

RISING ECONOMIC IMPACT OF FIREARM INJURY TO NEW MEXICO HEALTHCARE SYSTEM

• The annual estimated overall cost of firearms injuries and deaths in New Mexico is $6 billion or $2818 per capita.
• Medicaid claims for firearm injuries in New Mexico increased by 85% from $6.5 million in 2018 to $12 million in 2022 (Figure 12).
• Between January 2023 and September 2023, Medicaid expenditures totaling $5.6 million have been spent on firearm injuries in New Mexico.
• Medicaid was the primary payer for 76% of gun injury hospital discharges in 2022 In 2021, the Department of Health with support of the CDC, developed a Statewide Strategic Plan for the Prevention of Firearm Injury (FASTER Report FINAL (unm.edu)) which is an important supplement to this document. Demographic Data on Firearm Injury.

AGE

New Mexican residents ages 18-29 and 30-49 have disproportionate risk for firearm injury ED visits (A This trend emphasizes the increased vulnerability of New Mexico’s younger residents. Furthermore, there has been a noticeable surge in firearm related ED visits among children aged 0-17, with particular concern for those aged 14-17

GENDER

The data reveals an unsettling gender imbalance with firearm incidents. Men account for a staggering 84% of all firearm injury ED visits. This overwhelming majority underscores the importance of gender-specific interventions, especially targeting young males, to address and prevent firearm-related incidents.

RACE & ETHNICITY

• Three groups have age adjusted firearm death rates that are increasing at a higher rate than the state (+91% for Non-Hispanic American Indian or Alaska Native, +72% for NonHispanic Blacks, and +78% for Hispanics vs. +47 for all NM residents) between 2017 and 2021.
• In addition, Non-Hispanic Blacks and Hispanics have higher age adjusted firearm death rates (45.2 and 27.8 respectively) compared to all New Mexico residents (27) in 2021.
• During the COVID-19 pandemic, race and ethnicity were key predictors of poor health outcomes, with American Indian, Hispanic/Latino and Black New Mexicans experiencing disproportionately high rates of infection, hospitalizations, and death from COVID-19.
• Historical discrimination (including racism) and lack of investments in communities of color including Sovereign Nations, Tribes and Pueblos have contributed to inequity in social factors that impact firearm related incidents such as education, housing, economic development, and opportunity.
• Additionally, research shows that stress and trauma due to racism, including historical trauma, have been shown to lead to poorer health outcomes and decreased life expectancy. This underscores the importance of addressing health equity and upstream risk factors as part of the framework for addressing and preventing firearm-related incidents.

HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

Gunshot injuries have wide-ranging and severe implications on individual well-being, often necessitating immediate and extensive medical care. Delving into the healthcare outcomes for gunshot victims reveals a concerning picture.

SEVERITY OF INJURIES

• Between 2019 and 2022, the number of patients in New Mexico’s trauma centers with firearm injuries has increased by 39%.
• The number of trauma center patients with firearm injuries being discharged from the ED to the intensive care unit has increased by 16%
• There has been a concerning 61% increase in gunshot injuries that required surgical interventions
• New Mexico ranked seventh highest in the U.S. in 1999 and 2011. The rank increased to third highest in the U.S. in 2021
• New Mexico has consistently had a larger age adjusted1 firearm death rate than the rest of the country. Moreover, the age adjusted firearm injury death rate for New Mexico has also increased at a higher rate compared to the U.S. For example, New Mexico’s firearm injury death rate was 48% higher than the U.S. in 2010, compared to being 90% higher in 2021.

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The next section will examine the type of firearm and ammunition used in firearm fatalities in New Mexico. The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020.

TYPE OF FIREARM IN DEATHS

• Handguns were implicated in 77% of violent firearm-related deaths (Figure 6).
• Rifles and shotguns were involved in 7% and 6% of such incidents, respectively.

COMMON FIREARM MANUFACTURERS IN DEATHS

• An unknown manufacturer was noted in 61% of cases of the New Mexico National Violent Death Reporting System (NM VDRS) pooled data from 2018 to 2020.
• Smith & Wesson firearms were linked to 8% of violent deaths, followed by Ruger (6%), Glocks (5%), and Taurus (4%).

AMMUNITION CALIBERS IN VIOLENT DEATHS

• The 9-millimeter (mm) caliber was the most prevalent, associated with 25% of violent firearm deaths. PAGE 7
• Other notable calibers included .38 (10%), .22 (9%), .45 (8%), and .40 (7%)

CONTEXTUAL INSIGHT: THE OAKLAND STUDY

A comprehensive study from Oakland, California, conducted on 4593 firearms recovered between 2017 and 2021, provides crucial insights:

• There was a marked increase in untraceable, privately manufactured firearms during and after the COVID-19 pandemic.
• Firearms recently purchased from licensed dealers also saw a notable surge. Notably, these privately manufactured firearms displayed a higher correlation with violent crimes.
• The findings of this study highlight the urgent need for regulatory measures on privately produced firearms. It also emphasizes the importance of monitoring the sale and diversion of weapons from legitimate trade channels.
• Firearm details, such as brand and caliber, offer a more granular perspective on firearm injury. Moreover, studies from regions like Oakland, California underscore broader trends and challenges.

CIRCUMSTANCES LEADING TO DEATH

The most common type of death involving a firearm in New Mexico between 2018-2021 was suicide.

The circumstances precipitating firearm-related injuries in New Mexico are intrinsically tied to diverse societal challenges:

CONTRIBUTING FACTORS

Between 2018 and 2020, distinct societal issues emerged as contributing factors and  key catalysts for firearm incidents.

For Firearm-Related Suicides, alcohol dependence or issues rose by 85% and substance abuse problems increased by 120%

Trends in Firearm Injury Emergency Department Visits by Location were identified as follows:

• Northeast Health Region saw a 30% increase.
• Metro Health Region experienced a 22% rise.
• Southeast Health Region reported a 32% decline.
• Southwest Health Region was relatively r unchanged with a slight 3% decrease.
• Northwest Health Region remained consistent, showing a minor 1% increase.

IMPACT ON NEW MEXICO’S HEALTHCARE SYSTEM

The repercussions of increasing firearm-related incidents extend far beyond the immediate victims, permeating and placing undue stress on New Mexico’s healthcare system.

ECONOMIC IMPLICATIONS

• Medicaid has shouldered 76% of the cost of firearm injuries for 76% of gun injury hospital discharges in 2022.
• The Medicaid fiscal expenditures of firearm injuries have seen an alarming escalation from $6.5 million in 2018 to $12 million in 2022, which represents an increase in 85%
• The total expenditure, encompassing medical expenses and value of statistical life, for firearm fatalities in New Mexico amounted to $6 billion.

THE PREVALENCE OF UNSAFE STORAGE OF FIREARMS IN NEW MEXICO

Behavioral Risk Factor Surveillance System (BRFSS) survey data provides additional information on unsafe storage of firearms, which is a key risk factor for firearm injury in households with children (age 18 or under) More specifically, several key findings from the BRFSS include:

• 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
• In households with a firearm, 41% have a loaded firearm, 21% have a loaded and unlocked firearm, and 23% with a loaded and unlocked firearm also have a child less than 18 in the household.
• In households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm. The 2023 New Mexico Risk and Resilience Survey (NM -YRRS) was used to examine youth gun carrying and having a firearm in the household, which are key risk factors for firearm injury among youth.

Key findings include:

• 6% of high school students carried a gun in the past year not for hunting or sport.
• 44% of high school students lived in a home that had a gun.

Links to related news sources are here:

https://www.nmhealth.org/news/information/2023/9/?view=2026#:~:text=SANTA%20FE%20%E2%80%94%20Today%2C%20the%20New,and%20injuries%20in%20the%20state.

NEW MEXICO CRIME STATISTICS

New Mexico’s firearm ownership and fatality rate is also among the nation’s highest. In 2016 over 37% of adults in the state lived in a household with a firearm which is 5% higher than the national average according to the think tank Rand Corp.

In 2020, New Mexico had the nation’s second-highest violent crime rate.

2021 NEW MEXICO CRIME STATISTICS

New Mexico’s firearm fatality rate is among the nation’s highest. According to the New Mexico Department of Health, there were a total of 562 state residents who died in 2021 due to firearm-related injuries.

This figure is up significantly from the 481 firearm-related deaths in 2020. Of the 562 state residents who died in 2021 due to firearms, 319 cases, were classified as suicides and 243 were classified as homicides.

In 2021 New Mexico law enforcement reported over 28,000 crimes against persons. That includes crimes such as murder, rape, assault, and kidnapping. In 2021,  FBI data showed for every 100,000 people in New Mexico, law enforcement reported 2,189 crimes against persons. The only state with a higher rate was Arkansas, which reported 2,276 crimes per 100,000 people.

In 2021 New Mexico law enforcement agencies reported nearly 25,500 instances of assault . That’s 1,872 more than the state reported in 2020. New Mexico law enforcement also reported more homicides in 2021 than the year before.

In 2021 across New Mexico, police reported 193 homicides to the FBI.  That’s 67 more than in 2020.  Not at all surprising is that the majority of the state’s reported homicides were in Albuquerque.

In 2021, New Mexico law enforcement reported to the FBI 822 kidnappings and abductions to the FBI. That put New Mexico at the top of the list regarding kidnappings and abductions per 100,000 people. Kansas, Colorado, and Utah also rank high on the list of kidnappings and abductions per population.

2022 NEW MEXICO CRIME STATISTICS

“Safe Wise”  is a national  private company that reviews, rates  and promotes private home security systems and  products. It conducts national surveys on crime statistics and trends and publishes a newsletter on it findings.

https://www.safewise.com/about/#:~:text=SafeWise%20streamlines%20it%20for%20you,they’re%20worth%20your%20time.

On March 13, 2023, Safe Wise published a “State of Safety Report” for New Mexico.  Following are edited noteable excerpts from the report:

“New Mexico continues to have higher-than-average crime rates across the board.  … [T]he good news is that both property and violent crime rates are declining year over year. Violent crime fell from 8.2 incidents per 1,000 people to 7.8  but that still gives New Mexico the second-highest violent crime rate in the US, behind Alaska with 8.4 incidents per 1,000.

Property crime fell from 31.8 incidents per 1,000 people to 28.4. New Mexico is one of just a dozen states to see declines in both violent and property crime, but fewer cities reporting crime data to the FBI may also be a factor.”

VIOLENT CRIME IN NEW MEXICO: FEAR VS. REALITY

“New Mexicans have the 8^th highest level of concern about violent crime in the nation with 58% of our State of Survey respondents indicating they worry about it on a daily basis. Concern about gun violence is just a tad lower with 57% of the population reporting daily concern.

• 31% of people in New Mexico reported feeling safe in their state compared to 50% of Americans. Only the residents of Illinois and New York feel less safe in their states.
• 15% of New Mexicans reported having a personal experience with violent crime in the 12 months prior to our survey, which matches the national average but represents an increase of 200% year over year for New Mexico.
• 42% of survey participants report using some form of personal protection— above the US average of 39%. Pepper spraywas the most popular personal safety device carried.
• 48% of New Mexicans say their personal safety has been affected by the COVID-19 pandemic compared to 44% of Americans.”

ATTITUDES ABOUT GUN VIOLENCE IN NEW MEXICO

• “57% of New Mexico respondents named gun violence as a top safety concern—well above the US average of 47%.
• 16% of residents reported experiencing gun violence in the 12 months prior to the survey, up from 5% in our previous report.
• Mass shooting incidents increased 300% in New Mexico during the 2023 reporting year, rising from 1 to 4.
• Firearms are the third-most common method used for both personal safety and property protection in New Mexico.”

PROPERTY CRIME IN NEW MEXICO: FEAR VS. REALITY

“New Mexicans’ personal experiences with property crime increased year over year to 39%, which is the second-highest percentage in the nation. With that said, 41% of New Mexicans said they increased their security or safety measures in the 12 months prior to the survey, and people in New Mexico were more likely to use all types of property protection compared to the average American.

• Property crime experiences increased by 105% year-over-year in New Mexico.
• 39% of New Mexicans experienced package theft in the 12 months prior to our survey, which is the eighth-highest rate in the nation and represents an increase of 70% year over year.
• 46% of survey respondents said they use security cameras. Guard dogswere the second-most popular option for protecting property in New Mexico (38%). 
• Doorbell cameras are the most popular form of package theft protection among New Mexico residents.”

 The link to review the full unedited Safe Wise report is here:

https://www.safewise.com/blog/safest-cities-new-mexico/

ALBUQUERQUE CRIME RATES

Albuquerque is at the forefront of New Mexico’s high violent crime rate.  According to legislative data released, the city had about half of the state’s violent crime in 2022 but has just 25% or so of its total population.

The Albuquerque Police Department reported that in November, 2022 gun law violations spiked 85%. The last two years have also been two very violent years for Albuquerque.  The number of homicides in the city have broken all-time records.   In 2021, there were 117 homicides, with 3 declared self-defense reducing homicide number to 114.  In 2022, there were 120 homicides, a historical high.

On Thursday, March 16, 2023 the Albuquerque Police Department (APD) released the 2022 crime statistics along with crime statistics for 2022 for a comparison. During his March 16 press conference announcing the City’s 2022 crime statistics, APD Chief Harold Medina embellished that a  3% drop in  overall total of crime and a 4% decrease in Crimes Against Persons and the 2% decrease in Crimes Against Property was positive movement.  The slight 3% decrease in overall crime was over shadowed by the 24% spike in CRIMES AGAINST SOCIETY which are largely made up of drug and gun offenses and a 71% increase in murders over the last 6 years.

Chief Medina revealed that over the last 6 years, Albuquerque has had a dramatic 71% spike in homicides.  The number of homicides reported over the last 6 years is as follows:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides

On March 16, in addition to reporting that there has been a 71% spike in homicides, APD officials reported that over the past 6 years there has been a 28% increase in Aggravated Assaults which by definition includes the use of a firearms. Following are the Aggravated Assaults numbers:

• 2017: 4,213
• 2018: 5,156
• 2019: 5,337
• 2020: 5,592
• 2021: 5,669
• 2022: 5,399

Crime rates in Albuquerque are high across the board. According to the Albuquerque Police’s annual report on crime, there were 46,391 property crimes and 15,765 violent crimes recorded in 2021.  These numbers place Albuquerque among America’s most dangerous cities.

ALBUQUERQUE IS RANKED 17TH AMONG 70 OF THE LARGEST CITIES

On April 26, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque is ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic is Albuquerque’s increase in homicides.

The Major Cities Chiefs Association report shows in 2022, there was a 5% drop in homicides nationwide. According to the Major Cities Chiefs Association, Albuquerque had one of the worst homicide rates in the nation and is one of 27 cities across the nation that saw an increase in homicides.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

COMMENTARY AND ANALYSIS

The “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico” without any doubt is sobering and depressing on a number of levels and underscores the extent of the crisis the state is dealing with when it comes to gun violence. The crime statistics reflect that the state is facing and epidemic in gun violence. The report and the statistics combined is a scathing indictment of the New Mexico Legislature’s failure to address New Mexico’s Gun violence epidemic.

If Governor Lujan Grisham and the New Mexico legislature are serious  about the State’s crime crisis and want to do something about it, the Governor should call for and the New Mexico Legislature should enact an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms.  The only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm. 
• Institute a Federal and State background check system  with a  mental health component  that would disqualify a person with a history of mental health violent outbursts or a history of threats to others from making a gun purchase.  
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

FINAL COMMENTARY

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.

The 2023 City of Albuquerque Municipal election and Albuquerque School Board election is now history. Following are the results:

 ALBUQUERQUE CITY COUNCIL

 DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

• Progressive Democrat Joaquin Baca (WINNER):

51%: Total Vote: 4,135, Absentee Vote: 671,  Early Vote: 1,761  Election Day Vote: 1,703

• Moderate Democrat Loretta Naranjo Lopez:

24.97%:   Total Vote: 1,941, Absentee Vote: 317,  Early Vote 646,  Election Day Vote: 978

• Independent Moises A. Gonzalez:

24.64%:  Total Vote: 1,987, Absentee Vote: 220, Early Vote: 730, Election Day Vote: 1,037

DISTRICT 4 (NORTHEAST HEIGHTS)

• Conservative Republican Brook Bassan (WINNER):

50.76%: Total Vote: 5,175,  Absentee Vote: 697, Early Vote: 2,318 ,  Election Day Vote: 2,160

• Progressive Democrat Abby Foster:

49.25%: Total Vote 5,021, Absentee Vote: 971 , Early Vote: 2,157,  Election Day Vote: 1,893

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT) (Run Off)

Progressive Democrat Nichole Rogers:

40.14%: Total Vote 2,947, Absentee Vote: 373, Early Vote: 1,023, Election Day Vote: 1,551

• Progressive Democrat Jeff Hoehn:

32.42%: Total Vote 2,380,  Absentee: 378, Early Vote: 986 , Election Day Vote: 1,016

• Progressive Democrat Kristin Greene:

17.94%: Total Vote 1,317,  Absentee: 181,  Early Vote: 479,  Election Day Vote 647

• Progressive Democrat Abel Otero:

9,51%: Total Vote 698,  Absentee:  124 ,  Early Vote:  217,  Election Day Vote 357

Because non one of the 4 candidates running in District 5 received 50% plus one of the vote, a run off will be held between the two top vote getters Nichole Rogers and Jeff Hoehn.

https://www.kob.com/new-mexico/runoff-election-expected-for-district-6-city-council-seat/

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

• Conservative Republican Dan Champine (WINNER):

52.45%: Total Vote 6,110, Absentee Vote: 1,031, Early Vote: 2,664,  Election Day Vote: 2,415

• Moderate Democrat Idalia Lechuga-Tena:

47.55%: Total Vote 5,540,  Absentee: 1,283,  Early Vote 2,116,  Election Day Vote: 2,141

 https://results.bernco.gov/

ALBUQUERQUE PUBLIC SCHOOL BOARD

There were  3 of the 7 APS Board seats on this years ballot Following are the election results of those Districts:

DISTRICT 1

Janelle Astorga

48.49%: Total Vote: 2,979, Absentee Vote: 400, Early Vote: 917  Election Day Vote: 1,665

Verland Coker:

42.46%: Total Vote: 2,609,  Absentee Vote: 375, Early Vote: 837, Election Day Vote: 397

Robert Trujillo

9,05%: Total Vote: 556, Absentee Vote:  85, Early Vote: 168,  Election Day Vote: 303

DISTRICT 2

Ronalda Tome-Warito

42.33%: Total Vote: 4,438,  Absentee Vote: 794, Early Vote: 1,903  Election Day Vote: 1,741

Incumbent Peggy Muller-Aragón

39.76%: Total Vote:  4,169,  Absentee Vote: 764, Early Vote: 1,596  Election Day Vote: 1,809

Adrian Nogales

17.91%: Total Vote: 1,878,  Absentee Vote:  373, Early Vote: 635, Election Day Vote: 870

DISTRICT 4

Heather Benavidez

82.4%: Total Vote: 9,735,  Absentee Vote:  1,479 , Early Vote: 3,765  Election Day Vote: 4,491

Stephen Cecco

17.61%: Total Vote: 2,080,  Absentee Vote: 338, Early Vote: 649 Election Day Vote: 1,093

ALBUQUERQUE GENERAL OBLIGATION BONDS

All 7 of the City of Albuquerque’s General obligation bonds passed by comfortable margins of 70% or better. Following are the results for the General Obligation Bond questions

Public Safety bonds ($25 million):

76.32% YES or 50,877, 23.69% NO or 15,790  

• $1 million toward the Albuquerque Community Safety facility
• $8 million for new fire stations and $2 million for existing station renovations
• $6 million for rehabilitation of and upgrades to the Albuquerque Police Department

Parks and Recreation bonds ($35 million):

76.87% YES or 51,833,  23.13% NO or 15,473 

• $1 million to Balloon Fiesta Park improvements
• $5 million to the North Domingo Baca Aquatic Center
• $4.9 million for Little League fields rehabilitation

Senior, family, community center, homeless, affordable housing, metropolitan redevelopment and community enhancement bonds ($36 million):

75.57% YES or 50,746,  24.43% NO or 16,405 

• $5 million for the Gateway Center
• $7.5 million for affordable housing
• A total $5.8 million for the Highland Senior Center, Manzano Mesa Multigenerational Center and Cibola Loop Multigenerational Centers

Energy and water conservation, public facilities and system z modernization bonds ($24 million)

75.5% YES or 50,436,  24.5% NO or 16,364 

• $6 million for energy conservation
• $1 million for city vehicle replacements

Storm sewer system bonds ($14 million)

78.78% YES or 51,782,  21,22% NO or 13,947 

• $5 million for Southeast Heights Green Stormwater improvements
• $2 million for Pueblo Also Mile-Hi Flood Mitigation

Street and transportation bonds ($50 million)

78.76% YES or 52,505,  21.24% NO or 14,159

• $1.9 million for renovations at the Transit Department’s Yale Facility
• $4.3 million for major street and intersection reconstruction

Library, museum and cultural facilities bonds ($16 million)

75.36% YES or 49,409,  21.24% NO or 16,155

• $3.2 million for library materials
• $2 million for the Tijeras Arroyo BioZone Education Center
• $4 Million for Unser Racing Museum

https://results.bernco.gov/

LOW VOTER TURN OUT

Slightly less than 1 in 5 eligible voters, or 19%,  turned out for the 2023 electio to cast votes in an election that decided four Albuquerque City Council seats and three Albuquerque Public School Board races. The 2021 election had a 30.5% countywide turnout, but that election featured the  mayoral contest between incumbent Mayor Tim Keller, who defeated then-Bernalillo County Sheriff Manuel Gonzales and radio talk show host Eddy Aragon.

A total of 81,392 ballots were cast, or a mere 19% of Albuquerque’s approximately 430,000 eligible voters.  In all, 36,562 cast ballots in person at the polls on Tuesday, and at least 44,800 early and absentee ballots were cast.  Bernalillo County Clerk Linda Stover had this to say of the voter turnout:

“It’s very low. It’s sad. We didn’t even hit 20%.”

https://www.abqjournal.com/election/election-2023-sad-voter-turnout-fails-to-crack-20/article_5eec2ffc-7de3-11ee-ba15-af09ddf98b03.html

https://www.abqjournal.com/election/election-2023-sad-voter-turnout-fails-to-crack-20/article_5eec2ffc-7de3-11ee-ba15-af09ddf98b03.html

COMMENTARY AND ANALYSIS

DISTRICT 4 (NORTHEAST HEIGHTS) BASSAN VERSUS FOSTER

There is no getting around it.  Conservative Republican City Councilor Brook Bassan dogged a bullet and  lives to fight another day by winning a second term by a mere 154 votes over her challenger Progressive Democrat Abby Foster. Bassan won no doubt to the chagrin of Mayor Tim Keller whose campaign manager Neri Holguin managed the Foster campaign.  There was little doubt that Foster was backed by Keller given the involvement of Holguin. Foster almost pulled off a major upset by hammering  Bassan with last minute dubious allegations of voter fraud. The allegations involved Bassan’s legislative aide moving in with Bassan for a few months for “personal reasons”  and then signing a Bassan nominating petition and making a $5 public finance donation. Simply put, one voter registration and one $5 donation  does not make widespread voter fraud. The fact that Bassan also said she has a bachelor’s degree when she has an associate’s degree did not help even though she apologized and said it was an unintentional mistake. Bassan won with the early and the election day vote.  It was the far northern precincts of  District 4  that have strong  Republican majorities that bailed out Bassan, but only at the very end when the votes were counted. Until then Foster had led all night. The final tally is Bassan 50.76% with a total Vote of 5,175 and Foster 49.25% with a total Vote 5,021,

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT)

As was predicted by many city hall politcal observers, in the District 6 City council race there will be a runoff between Progressive Democrats Nichole Rogers and Jeff Hoehn.  It is expected to be very contentious.   Although Rogers came in first with 40.14%  to Jeff Hoehn’s 32.42%, Nichole  Rogers candidacy and credibility was severely overshadowed and rocked virtually 5 days before the election by news reports of impropriety . The reports were that the nonprofit Rodgers founded and manages was not in good standing with the New Mexico Secretary of State until recently, that she failed to file required legal documents with the NM Attorney General and the Internal Revenue Service, that her nonprofit lost its federal  501 C 3 status as a charitable organization and that she still did fundraising for the none profit she formed after it lost 501 C 3 status and that she did not make full disclosure of what was raised and what it was expended on. The allegations no doubt had an impact on her final numbers, but early voting and absentee voting had already occurred with the news reports made 5 days before the election. Confidential sources are saying expect far more on her background to come out during the run off.

KELLER NEW CITY COUNCIL STILL CONSERVATIVE COUNCIL

Come January 1,  the new city council will look much the same as the old city council.  Following is how the new city council looks:

Democrats

District 1 Conservative Democrat Louie Sanchez
District 2 Progressive Democrat Joaquin Baca
District 3 Moderate Democrat Klarissa Peña
District 6 Progressive Democrat Nichole Rogers OR Progressive Democrat Jeff Hoehn
District 7 Progressive Democrat Tammy Fiebelkorn

Republicans

District 5 Conservative Republican Dan Lewis
District 4 Conservative Republican Brook Bassan
District 8 Conservative Republican Dan Champine
District 9 Conservative Republican Renee Grout

Although the new City Council will still  be split with 5 Democrats and 4 Republicans, Conservative Democrat Louie Sanchez has often allied himself with conservative  Republicans Dan Lewis, Renee Grout, and Brook Bassan who still will be on the council and Conservative Republican Dan Champine is expected to join in allowing them to approve or kill measures on a 5-4 vote but being unable to override Mayor Tim Keller’ veto’s with the required 6 votes.

Confidential sources have confirmed that Mayor Tim Keller became actively involved in the campaigns of 3 progressive city council candidates. Those candidates were: Abby Foster, Joaquin Baca, Nicole Rogers.

Keller’s own campaign manager and politcal advisor and confidant is paid politcal consultant Neri Holguin who was Mayor Tim Keller’s campaign manager when Keller ran for State Senator, assisted Keller in running for State Auditor and was Keller’s campaign manager when he ran for Mayor. Holguin was also the campaign manager for former Progressive Democrat State Senator Richard Romero who ran against then Democrat Mayor Marty  Chavez in 2009 thereby splitting the Democratic vote ensuring the election of Conservative Republican Mayor Richard Berry.  Since the 2009 Mayor’s race, Holguin  has become the “go to” campaign consultant for Progressive Democratic Candidates of her choosing and she exerts great influence over the candidates she elects even after they assume office.

Holguin was the paid politcal consultant and campaign manager for Progressives Abby Foster and Joaquin Baca and they were said to have the full support of Tim Keller.  Holguin used many of the same tactics against Bassan as she did against former Sherriff Manny Gonzales when she managed Tim Keller’s successful 2021 re election campaign, including the allegations of voter fraud.

If there was any doubt that Keller was backing Joaquin Baca, that doubt was rendered moot election night November 7.  Keller was caught up to be interviewed about the election results where he played it low-key and pointed out that the City Council in January will have a number of new faces that he will be working with. He made his comments from the home of Progressive Democrat Joaquin Baca.

Mayor Keller  was also involved with the campaign of Nichole Rogers. She has worked for the Mayor Tim Keller Administration as a policy advocate and community organizer and for that reason is considered Mayor Keller’s preferred candidate in the race. Confidential sources confirmed that Rogers received significant help in collecting nominating petitions signatures and qualifying donations from at least 2 city hall employees who work directly for Mayor Tim Keller.  Rogers  also has gone so far as to tell  Progressive Democrats privately in the District that she is  Mayor Keller’s candidate to replace Progressive Democrat Pat Davis who is a Keller ally.

Mayor Tim Keller took an active roll in electing city councilors who he believes will  support his progressive agenda over the final 2 years of his second term. He did so to set himself up to run for a third term in 2025. Keller has already made it known to top aides he intends to run for a third term.

The link to a related blog article is here:

Update On November 7, 2023 ABQ City Council Races; One Candidate Drops Out After Exposed For Falsehoods; Voter Fraud Alleged In District 4 With One Registration; Candidates Identify Biggest Issues And Solutions Facing Districts; Mayor Tim Keller Operatives Helping 3 Council Candidates To Insure His Influence Over City Council For His Politcal Agenda As He Plans To Run For Third Term In 2025

November 7 is election day for Albuquerque City Council and Albuquerque Public School Board. Four Albuquerque City Council seats and three Albuquerque Public School Board positions are on the ballot. Also on the ballot are seven general obligation bond questions that could provide $200 million for public safety, affordable housing, parks and other projects. According to the Bernalillo County Clerk’s Office, 44,628 early and absentee voters, or 10.5% of eligible voters, had already cast their votes as of Friday, November 3.

ALBUQUERQUE CITY COUNCIL CANIDATES

The November 7 election will result in  at least three, and possibly 4, new City Council members. Progressive Democrat City Councilors Pat Davis, and Isaac Benton and Conservative Republican Trudy Jones chose not to seek reelection this year. Only one incumbent City Councilor, Conservative Republican Brook Bassan is seeking a second term in District 4 in Northeast Albuquerque. She is opposed by Abby Foster, a small business owner, attorney and mediator who practices adult guardianship law.

District 6 in Southeast Albuquerque which includes  Nob Hill and the International District has 4 candidates on the ballot who are all progressive Democrats seeking to relace Progressive Democrat Pat Davis.  Progressive Democrats Nichole Rogers, Jeff Hoehn, Kristin “Raven” Greene and Abel Otero are listed on the ballot but Otero announced last month he was ending his campaign. A candidate must garner at least 50% of the vote to win outright. If no candidate wins a majority of the vote, a runoff election will be held in December.

The two other City Council races are in District 2, where moderate Democate Loretta Naranjo Lopez  is opposed by Progressive Democrat Joaquín Baca  and Independent  Moisés González. District 8 has Moderate Democrat and former State Representative Idalia Lechuga-Tena running against Republican  Dan Champine, a retired APD officer and now real estate mortgage lender.

DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

• Joaquin Baca, Progressive Democrat: Water rights program manager at the U.S. Forest Service, member of the Middle Rio Grande Conservancy District, President of the ABQCore neighborhood association. (Qualified for $40,000 public financing.)
• Loretta Naranjo Lopez, Moderate Democrat: Retired city planner and current President of the Santa Barbara and Martineztown neighborhood Association Neighborhood Association and former Board of Directors member of NM Public Employees Retirement Association. (Qualified for $40,000 public financing.)
• Moises A. Gonzalez (Independent): Documentary filmmaker, former teacher and community activist. (Privately financed candidate.)

DISTRICT 4 (NORTHEAST HEIGHTS)

• Brook Bassan, Conservative Republican: Incumbent City Councilor and a stay-at-home mom.  and incumbent councilor.   (Qualified for $40,262in public financing.)
• Abby Foster, Progressive Democrat:  Small business owner, attorney and mediator who practices adult guardianship law. (Privately financed candidate and according to most recent finance report has raised $77,900.)

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT)

• Jeff Hoehn, Progressive Democrat: Executive director of Cuidando Los Niños. (Privately financed candidate.)
• Abel Otero, Progressive Democrat: Owner and operator of Fonzy’s barbershop. (Qualified for $40,000.00 public financing.)
• Kristin Greene, Progressive Democrat: Tattoo artist and Burlesque dancer. (Qualified for $40,000.00 public financing.)
• Nichole Rogers, Progressive Democrat: Office manager and independent contractor for Primerica Financial Services. (Qualified for $40,000.00public financing.)

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

• Dan Champine, Conservative Republican: A retired police officer and current mortgage lender. (Qualified for $44,577.00 public financing.)
• Idalia Lechuga-Tena, Moderate Democrat: Vice president of Meals on Wheels of New Mexico  former NM House representative for District 21.  (Qualified for $44,577.00 public financing.)

ALBUQUERQUE PUBLIC SCHOOL BOARD

Also on the ballot are three of the seven APS Board seats. The only incumbent seeking reelection is in  District 2  where incumbent Peggy Muller-Aragón is facing  challengers Adrian Nogales and Ronalda Tome-Warito.  The other district races and candidates are:

District 1: Janelle Astorga, Robert Trujillo and Verland Coker.

District 4: Heather Benavidez and Stephen Cecco.

 GENERAL OBLIGATION BONDS SUBJECT TO VOTER APPROVAL

There are 7 major categories  of general obligation bonds on the ballot for voter approval. Following are the General Obligation Bond questions with  totals listed for the projects:

1. Public Safety bonds: $25 million

• $1 million toward the Albuquerque Community Safety facility
• $8 million for new fire stations and $2 million for existing station renovations
• $6 million for rehabilitation of and upgrades to the Albuquerque Police Department

2. Parks and Recreation bonds: $35 million

• $1 million to Balloon Fiesta Park improvements
• $5 million to the North Domingo Baca Aquatic Center
• $4.9 million for Little League fields rehabilitation

3. Senior, family, community center, homeless, affordable housing, metropolitan redevelopment and community enhancement bonds: $36 million

• $5 million for the Gateway Center
• $7.5 million for affordable housing
• A total $5.8 million for the Highland Senior Center, Manzano Mesa Multigenerational Center and Cibola Loop Multigenerational Centers

4. Energy and water conservation, public facilities and system z modernization bonds: $24 million

• $6 million for energy conservation
• $1 million for city vehicle replacements

5. Storm sewer system bonds: $14 million

• $5 million for Southeast Heights Green Stormwater improvements
• $2 million for Pueblo Also Mile-Hi Flood Mitigation

6. Street and transportation bonds: $50 million

• $1.9 million for renovations at the Transit Department’s Yale Facility
• $4.3 million for major street and intersection reconstruction

7. Library, museum and cultural facilities bonds: $16 million

• $3.2 million for library materials
• $2 million for the Tijeras Arroyo BioZone Education Center
• $4 Million for Unser Racing Museum

A complete and detailed breakdown of the city’s 2023 general obligation bond program with detailed project descriptions and amounts can be reviewed in the city’s 46 page “2023 General Obligation Bond Program and Capital Implementation Program” at the below link:

Click to access 2023-bond-program-entire-book.pdf

COMMENTARY

With only 10% of registered voters having already vote, the final outcome of all the races remains still very much up in the air. As the old saying goes, if you fail to vote, you forfeit your right to complain about who is elected.

If you have not already voted, please vote today.

ELECTION DAY VOTING CONVENIENCE CENTERS

The following 72  polling places are  open 7 a.m. to 7 p.m. at  locations across Bernalillo County where voters may cast votes in person or hand-deliver completed absentee ballots:

98th & Central Shopping Center – 120 98th St NW, Suite B101 & B102, 87121

Andalucia Shopping Center – 5600 Coors Blvd NW, Suite C-5, 87120

Bernalillo County Visitor Center – 6080 Isleta Blvd SW, 87105

Caracol Plaza – 12500 Montgomery Blvd NE, Suite 101, 87111

Central Mercado – 301 San Pedro Dr. SE, Suites B, C, D & E, 87108

Clerk’s Annex – 1500 Lomas Blvd NW, Suite A, 87104

Cottonwood West – 10131 Coors Blvd NW, Suite C-02, 87114

Daskalos Center – 5339 Menaul Blvd NE, 87110

Desiderio Community Center – 117 Tribal Rd 7036, To’Hajiilee, NM 87026

Four Hills Shopping Center – 13140 Central Ave SE, Suite 1420, 87123

Holly Plaza Shopping Center – 6600 Holly Ave NE, Suite B-6, 87113

Isleta Elder Center– Building 79 Tribal Rd 40, Isleta, NM 87022

Los Altos Plaza – 4200 Wyoming NE, Suite B-3, 87111

Los Ranchos Villa – 6601 4th St NW, Suite U, 87107

Petroglyph Plaza – 8201 Golf Course Rd. NW, Suite D-1, 87120

South Valley Multipurpose Senior Center – 2008 Larrazolo Rd SW, 87105

The Shoppes at 6001 San Mateo – 6001 San Mateo Blvd NE, Suite B-3, 87109

Tijeras City Hall – 12 Camino Municipal, Tijeras NM 87059

University of New Mexico– Student Union Building, Louie’s Lounge, 87131

West Bluff Center – 5211 Ouray Rd NW, Suite B, 87120

Montoya Elementary School– 24 Public School Rd, Tijeras, NM 87059

Adobe Acres Elementary School – 1724 Camino Del Valle SW, 87105

Albuquerque High School – 800 Odelia Rd NE, 87102

Arroyo Del Oso Elementary School – 6504 Harper Dr. NE, 87109

Bandelier Elementary School – 3309 Pershing Ave SE, 87106

Bellehaven Elementary School – 8701 Princess Jeanne Ave NE, 87112

Chaparral Elementary School – 6325 Milne Rd NW, 87120

Cibola High School – 1510 Ellison Dr. NW, 87114

CNM Workforce Training Center – 5600 Eagle Rock Ave NE, 87113

Del Norte High School – 5323 Montgomery Blvd NE, 87110

Double Eagle Elementary School – 8901 Lowell Dr. NE, 87122

Duranes Elementary School – 2436 Zickert Rd NW, 87104

Eisenhower Middle School – 11001 Camero Ave NE, 87111

Eldorado High School – 11300 Montgomery Blvd NE, 87111

Forest Meadow Baptist Church – 54 Hwy 217, Tijeras, NM 87059

Garfield Middle School – 3501 6th St NW, 87107

Hayes Middle School – 1100 Texas St NE, 87110

Herman Sanchez Community Center – 1830 William St SE, 87102

Highland High School – 4700 Coal Ave SE, 87108

Holiday Park Community Center – 11710 Comanche Rd NE, 87111

Hubert H Humphrey Elementary School – 9801 Academy Hills Dr. NE, 87111

Jackson Middle School – 10600 Indian School Rd NE, 87112

Jefferson Middle School – 712 Girard Blvd NE, 87106

Kennedy Middle School – 721 Tomasita St NE, 87123

La Cueva High School – 7801 Wilshire Ave NE, 87122

La Mesa Elementary School – 7500 Copper Ave NE, 87108

Lyndon B Johnson Middle School – 6811 Taylor Ranch Rd NW, 87120

Madison Middle School – 3501 Moon St NE, 87111

Manzano High School – 12200 Lomas Blvd NE, 87112

Manzano Mesa Elementary School – 801 Elizabeth St SE, 87123

McKinley Middle School – 4500 Comanche Rd NE, 87110

Montezuma Elementary School – 3100 Indian School Rd NE, 87106

Mountain View Community Center – 201 Prosperity Ave SE, 87105

North Star Elementary School – 9301 Ventura St NE, 87122

Onate Elementary School – 12415 Brentwood Hills Blvd NE, 87112

Pajarito Elementary School – 2701 Don Felipe Rd SW, 87105

Polk Middle School – 2220 Raymac Rd SW, 87105

Raymond G Sanchez Community Center – 9800 4th St NW, 87114

Rio Grande High School – 2300 Arenal Rd SW, 87105

Rudolfo Anaya Elementary School – 2800 Vermejo Park Dr SW, 87121

Sandia High School – 7801 Candelaria Rd NE, 87110

Taylor Middle School – 8200 Guadalupe Trl NW, 87114

Truman Middle School – 9400 Benavides Rd SW, 87121

Valle Vista Elementary School – 1700 Mae Ave SW, 87105

Valley High School – 1505 Candelaria Rd NW, 87107

Van Buren Middle School – 700 Louisiana Blvd SE, 87108

Ventana Ranch Elementary School – 6801 Ventana Village Rd NW, 87114

Vista Grande Community Center – 15 La Madera Rd, Sandia Park, NM 87047

Volcano Vista High School – 8100 Rainbow Blvd NW, 87114

Washington Middle School – 1101 Park Ave SW, 87102

West Mesa High School – 6701 Fortuna Rd NW, 87121

Zuni Elementary School – 6300 Claremont Ave NE, 87110

Links to relied upon news sources are here:

https://www.krqe.com/news/politics-government/elections/albuquerque-2023-regular-local-election-map-of-voting-locations-bond-questions-whos-running/

https://www.kob.com/new-mexico/voters-to-decide-on-aps-funding-improving-classrooms/

https://www.koat.com/article/new-mexico-voter-guide-2023/45036897

https://www.abqjournal.com/election/polls-open-voters-to-decide-city-council-aps-board-races-tuesday/article_4fb691cc-7d01-11ee-8b55-63d10e458f4c.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/local/if-albuquerque-voters-approve-200-million-in-bonds-this-fall-here-s-how-the-city/article_7793a40f-7c93-57ee-9661-f0d1a6864e4d.html

Endorsements For ABQ City Council Districts 2, 6 and 8; No Endorsement In District 4 Race As Voter Fraud Allegations Surface; Candidate Guest Columns Reflect The Leadership City Needs Now For Its Immediate Future; Vote November 7!

$200 Million In General Obligation Bonds On November 7 Ballot For Voter Approval; Voters Should Vote YES To Invest In Ourselves And City’s Quality of Life

On October 20, District 7 Albuquerque City Councilor Tammy Fiebelkorn emailed her monthly news letter to her constituents that can only be described as being disingenuous, calculating  and very misleading  as she wrote   about a pending legal case against the city that has yet to be tried and announced  a resolution she is sponsoring. The news letter reads as follows:

“One of the biggest issues of the past month is an injunction issued by the 2nd Judicial District Court that restricts the City’s ability to move people camping in public spaces beginning November 1. The injunction is very broad and only allows removal of campers from private land, sidewalks, and school properties.

The judge was very clear in the injunction that the reason for these restrictions is that there are simply not alternative places for unhoused folks to go, and until there are adequate options in our city, campers cannot be dislodged from public spaces.

 I have a serious concern about what this means for our parks, open space, and all other public spaces in our city. As we learned from Coronado Park, the long-term presence of multiple people can have lots of negative impacts on the land. Imagine this situation in open space, near arroyos, or our neighborhood parks?

While the City will be requesting more guidance on this injunction from the court, it’s vital that we begin to comply with the requirements as soon as we can to alleviate the possible disastrous impacts.

To that end, I have proposed R-178. This legislation is a step that will let the City develop the needed alternatives in a quantity that will allow us to comply with the judges’ requests quickly.”

 On October 31, in an interview Fiebelkorn had this to say about her resolution:

“With this injunction, I think we have to start scrambling to really comply with what this judge is saying. … The other options here are very, very slim. If they truly enforce this injunction, we could be in a lot of trouble for our parks, our open space or our public areas.”

https://www.abqjournal.com/news/could-a-court-injunction-starting-wednesday-bring-more-safe-outdoor-spaces-to-albuquerque/article_ca68dd66-783e-11ee-a09d-e3714007245e.html

CONTENTS OF R-17

Following is Resolution R-17 being sponsored by Fiebelkorn:

RESOLUTION SUSPENDING ADMINISTRATIVE APPEALS TO SAFE OUTDOOR SPACE APPLICATIONS IN RESPONSE TO COURT INJUNCTION RESTRICTING REMOVING ENCAMPMENTS FROM PUBLIC LAND

WHEREAS, the City is experiencing a housing crises; and

WHEREAS, as one means to address the crises, the City Council amended the Integrated Development Ordinance to authorize “Safe Outdoor Spaces” within the City; and 

WHEREAS, the Planning Department thereafter approved several applications for Safe Outdoor Spaces; and 

WHEREAS, the Land Use Hearing Officer on multiple occasions reversed the decision of the Planning Department, requiring the applicant to submit additional materials on order to obtain the required permit for a Safe Outdoor Space; and 

WHEREAS, as a result of these administrative burdens, several applicants abandoned efforts to develop Safe Outdoor Spaces; and

WHEREAS, only two Safe Outdoor Spaces have been developed within the City, and both are accessible only to individuals with vehicles; and 

WHEREAS, the City of Albuquerque has been enjoined from enforcing restrictions on camping, including camping in parks and open space, until it provides sufficient beds for the unhoused population; and 

WHEREAS, the City must act urgently to provide more beds as quickly as possible, both to ensure that it provides shelter for the unhoused population and to ensure that it can protect its open space; and 

WHEREAS, some unhoused individuals prefer outdoor areas, including Safe Outdoor Spaces, to indoor shelter space, and as a result any effort to expand the number of available beds should include outdoor areas such as Safe Outdoor Spaces; and 

WHEREAS, it is the responsibility of the entire City to address the housing crises, and the burden of addressing that crisis should not fall more heavily  on certain areas within the City.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF 7 ALBUQUERQUE:

SECTION 1. The requirements … of the Integrated 9 Development Ordinance, as applied to Safe Outdoor Spaces, are hereby suspended. Until further action is taken by the Council, the decisions of the Planning Department with regard to applications for Safe Outdoor Spaces will be deemed final administrative decisions, and those decisions will not be subject to appeal to the Land Use Hearing Officer or the City Council.

SECTION 2. The Planning Department shall only approve two Safe Outdoor Spaces per Council district.

SECTION 3. The Department of Health, Housing and Homelessness shall identify potential locations for Safe Outdoor Spaces operated by the City  and shall, within 45 days, submit applications for at least three Safe Outdoor  Spaces.

In addition, the Department shall identify current resources available for the operating costs of those Safe Outdoor Spaces.

The Department shall, within 60 days, submit a report to City Council that describes the status of those applications, identifies any additional locations for Safe Outdoor Spaces  to be operated by the City, and identifies any additional resources needed for  the City to operate Safe Outdoor Spaces. 

SECTION 4. In addition, the Department shall, within 60 days, prepare  a report to City Council that identifies the number of beds needed to provide  shelter to the unhoused population within the City of Albuquerque, identifies  the resources needed to provide those beds, and sets forth a plan to provide  those beds in the shortest possible time frame.

… .”

SAFE OUTDOOR SPACES

 “Safe Outdoor Spaces” are organized, managed homeless encampments with 40 designated spaces for tents that allows for upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The Integrated Development Ordinance (IDO) sets a limit of two in each of the city’s 9 council districts. Although the Integrated Development Ordinance amendment sets a limit of two in each of the city’s 9 council districts, the cap would not apply to those hosted by religious institutions.

On June 6, 2022 despite significant public outcry against Safe Outdoor Spaces the Albuquerque City Council enacted the legislation and passed it  on a 5 to 4. On December 5, 2022 the City Council voted on a 5 to 4 vote to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use.  Mayor Tim Keller vetoed the legislation. It was the councils third attempt to reverse its own decision to allow Safe Outdoor Spaces with one vote defunding them.

On January 4,  2023 the city council attempted to “override” Keller’s veto, but failed to secure the necessary 6 votes.  Initially, there were 6 applications for Safe Outdoor Spaces, but only 3 were approved with one of those approved abandoned because the city sold the property to where it was to be located.

ACLU SUES CITY OVER CORONADO PARK CLOSURE

On Monday, December 19, 2022  the American Civil Liberties Union of New Mexico, the NM Center on Law & Poverty, and two private law firms filed a  “Class Action Complaint For Violations of Civil Rights and for Declaratory and Injunctive Relief” against the City of Albuquerque over the closure of Coronado Park which has become a de facto city sanction homeless encampment. The Plaintiffs allege they were displaced from Coronado Park when the city closed it and that the city did not provide satisfactory shelter options to them although the city said it did give notice and offered shelter and services, including vouchers.  According to an ACLU, the lawsuit was filed to stop the City of Albuquerque from destroying encampments of the unhoused, seizing and destroying personal property and jailing and fining people.

On March 31, 2023, the Plaintiff’s file an “Emergency Motion for a Preliminary Injunction” with a separate “Memorandum In Support” of the motion attaching affidavits.  On April 24, 2023, the City filed its Response to the Motion with a brief and affidavits. On May 12, 2023 the Plaintiffs filed a Reply. On September 8, 2023, Judge Allison held a hearing on the motion.

INJUNCTION ISSUED AGAINST CITY

On September 21, State District Court Judge Josh Allison entered a Preliminary Injunction against the City of Albuquerque from “enforcing or threatening to enforce” statutes and city ordinance to displace the homeless from public spaces. The Court also enjoined the city from seizing and destroying homeless belongings and mandates a warrant and post deprivation hearings regarding personal belongings seized.

Judge Allison issued the follow injunction orders against the City:

“1. [T]he City of Albuquerque …  is hereby enjoined from enforcing, or threatening to enforce as a means of seeking compliance with, any statutes and ordinances against involuntarily unhoused people that prohibit a person’s presence in, or the presence of a person’s belongings on, outdoor, public property.

  [T]he City may continue to enforce statutes and ordinances that would prohibit a homeless person from:

  (a) obstructing sidewalks (including ramps, stairways, and stairwells), driveways, medians, alleyways, public rights of way (including walkways, streets, roads, trails and other paths, bike lanes, and bike paths), parking lots, and other public roadways and walkways, when such obstructions pose an immediate threat to the safety of any person and the City documents and makes a written record of its findings of the immediate threat to the safety of any person; and

 (b) occupying any property of any public school.

 2.  The City is further enjoined from seizing any unabandoned property belonging to a homeless person that is not contraband or is otherwise unlawful to possess without:

(a) having first received a validly executed warrant authorizing the seizure, or

(b) satisfying a legally-recognized exception to the warrant requirement such that the seizure is lawful or

(c) providing written notice to the homeless person to whom the property belongs that the specific property will be seized and providing a pre-deprivation hearing on the merits of the proposed seizure at least 72 hours prior to the proposed seizure.

3.  The City is further enjoined from destroying any unabandoned property belonging to a homeless person without first adhering to the seizure provisions set out above … in the decretal provisions of this Order and without providing a post-deprivation notice and hearing regarding the property’s destruction, which includes a reasonable opportunity to reclaim the property.

4.  This preliminary injunction does not enjoin the City from enforcing any statutes,    ordinances, or other laws affecting private property or the rights of others to enforce their rights with respect to private property.

 5.  This preliminary injunction does not enjoin the City from enforcing any statutes or ordinances concerning any other criminal acts of unhoused people (meaning those apart from prohibiting a person’s presence in, or the presence of a person’s belongings on, outdoor public property). If, for example, a police officer has reasonable suspicion of criminal activity taking place by an unhoused person on outdoor public property (e.g., an outdoor fire that is prohibited by law, the destruction of public property, the possession of stolen property, or the unlawful use of a weapon), that police officer is not enjoined from taking lawful action to investigate those circumstances and to enforce those other criminal statutes or ordinances.”

Judge Alison ruled that the Injunction would become effective automatically at 12:01 a.m. on November 1, 2023.

https://www.abqjournal.com/news/could-a-court-injunction-starting-wednesday-bring-more-safe-outdoor-spaces-to-albuquerque/article_ca68dd66-783e-11ee-a09d-e3714007245e.html

CITY APPEAL JOINED BY BERNALILLO COUNTY DISTRICT ATTORNEY

Immediately after the ruling, the City Attorney’s Office announced the city intended to challenge the decision and responded to the injunction with the following statement:

“This dangerous ruling would severely limit our ability to keep our city clean and safe, while getting people connected to the help they need. We intend to challenge the decision and protect our ability to enforce necessary public safety measures.”

The city has asked the New Mexico Supreme Court to intervene against the injunction. The ACLU has yet to file a response.  The city also asking  for clarification about the scope of the injunction.  The City has  has not received a ruling from the Supreme Court nor the District Court.

On November 2, it was reported that Bernalillo County District Attorney Sam Bregman’s office  has filed an amicus brief in the ACLU lawsuit brought against the city to try to get more flexibility on how the city deals with unhoused people. Bregman said this:

“As the district attorney, I’m charged with enforcing the laws of the state of New Mexico. And too many times what comes across my desk is the fact that the homeless, the unhoused, are actually victims of horrific crimes. … I don’t have to look past two days ago, two days ago, when a jury came back and convicted [Jeremy Garcia] … of second-degree murder for intentionally running someone over at [Coronado Park] … homeless encampment.  … I do believe that we need to focus on long-term housing, but also short-term. We need to make sure we provide enough beds for anybody that is experiencing homelessness and we need to make sure we’re doing it the best we can as far as providing resources.  … We can’t accept the idea that we just have to let the them, [the homeless] be. And in other words, we don’t give them the help homeless people need and the community just has to accept it. … It’s not, it’s not acceptable. We need to make sure we get them the resources they need. But at the same time, we need to be able to enforce the law.”

The link to the quoted news source is here:

https://www.koat.com/article/new-mexico-homeless-people-rules/45716458

CITY ACTIONS IN RESPONSE TO INJUCTION

In addition to filing the appeal, the city announced it has been taking steps to provide more shelter for the homeless.  On November 1, City officials said the city is already doing much of what the judge is requiring them to do in the injunction.  Deputy Chief Administrative Officer Matthew Whelan said this:

“The city has always been doing things that are part of the injunction, like giving 72-hour notice, prior to cleaning homeless encampments that weren’t immediate hazards,”

In September, Judge Joshua Allison found the city was punishing the unhoused by seizing or destroying their belongings without notice, ability to challenge that decision, or opportunities to reclaim their items. In response, Deputy CAO Whelan said this:

“It depends on what’s being cleaned up. … Some stuff is abandoned items that, you know, we do go and we do find an abandoned encampment or things that are abandoned. I know that the supervisors do circle the area to see if they can locate somebody who it is connected to, but if they can’t find that, then it’s just considered abandoned, and it falls into the guidelines of illegal dumping.”

Whelan also said since Judge Alson issued the injunction, the city’s protocols have not changed much. Whelan said this:

“Prior to the entry of the injunction, we consistently had sufficient beds at our West Side Emergency Housing Center. … We have used housing vouchers and hotels in the past, but we just continued to do a lot of the things that we were already doing. We did add another component of additional storage where we can offer storage to people – we had offered this in the past at certain points. But now we’re going to continue to do that.”

Health, Housing and Homelessness spokesperson Katie Simon said the city is taking action in response to the injunction and in anticipation of the onslaught of Winter.  Health, Housing and Homelessness spokesperson spokesperson Katie Simon said this:

“The addition of these emergency winter beds is definitely good timing vis-á-vis the injunction. … But we also know that winter is upon us and we want to keep people from freezing.”

At the city’s 24-7 homeless shelter Gateway Center on Gibson, 35 additional beds are being prepared for the cold winter months. The city is also working on infrastructure improvements at the Westside shelter, including renovating bathrooms, adding a warming kitchen and purchasing resources including 490 new bedbug-proof beds, mattresses and pillows to attempt to increase the number of people who can be accommodated at the site.

Links to quoted news source is here:

https://www.kob.com/new-mexico/albuquerque-officials-defend-homeless-protocols-despite-judges-injunction/

https://www.koat.com/article/new-mexico-homeless-people-rules/45716458

https://www.abqjournal.com/news/could-a-court-injunction-starting-wednesday-bring-more-safe-outdoor-spaces-to-albuquerque/article_ca68dd66-783e-11ee-a09d-e3714007245e.html

COMMENTARY AND ANALYSIS

Fiebelkorn’s October 20 email to her constituents is extremely disingenuous, calculating and downright misleading.  It borders on malfeasance in office for misleading her constituents.  Fiebelkorn mischaracterizes the contents of the court ruling and the injunction.  She goes as far as to say the city is seeking more “guidance” when in fact the city is appealing the entire ruling to the New Mexico Supreme Court seeking to have the injunction set aside or “quashed”.

FIEBELKORN MISLEADS BY FAILING  TO GIVE REASONS FOR CITY’S APPEAL

Fiebelkorn in both her email and in her resolution fails to disclose why the city is appealing the injunction. The injunction usurps the city’s right to take necessary and preventative action to protect the public health, safety and welfare with the enforcement of public safety laws involving the homeless. Judge Allison essentially ruled the unhoused, because of their homeless status and because there is insufficient housing offered by the city, they have the right to violate the law and illegally camp wherever they want for how long as they want without government interference. Judge Allison found “the City is not constitutionally obligated to provide housing for homeless people” yet he ruled the city cannot “threaten” to enforce the laws against the homeless until the city provides sufficient shelter for all ignoring many chronic unhoused refuse city services.

The Albuquerque Police Department is under a court approved settlement in a federal lawsuit involving jail overcrowding wherein the city agreed not to make arrests for nonviolent crimes, such as trespass on public and private property, illegal camping on all city parks and streets, rights of way, alleyways and open space, shoplifting and prostitution to prevent jail overcrowding.  APD is relegated to merely encouraging or telling the homeless to move on and camp elsewhere with no arrest and taking them to jail.  Judge Allison has now enjoined such conduct.

FIEBELKORN’S PHONY EXPRESSION OF SYMPATHY A PLOY TO MANDATE SAFE OUTDOOR SPACES

 In her email to constituents, Fiebelkorn says this:

“I have a serious concern about what this means for our parks, open space, and all other public spaces in our city. As we learned from Coronado Park, the long-term presence of multiple people can have lots of negative impacts on the land. Imagine this situation in open space, near arroyos, or our neighborhood parks?  … This legislation is a step that will let the City develop the needed alternatives in a quantity that will allow us to comply with the judges’ requests quickly.”  

When Fiebelcorn says “This legislation is a step that will let the City develop the needed alternatives in a quantity that will allow us to comply with the judges’ requests quickly” what she meant but did not say was city sanctioned  Safe Outdoor Spaces are the “alternatives in a quantity” she wants.  Failing to disclose is just as good as lying or at the very least misleading. Her  comments amount to nothing more than an expression of  phony sympathy as she attempts to cram down Safe Out Door Spaces down people’s throats saying they are “will allow us to comply with the judges’ requests quickly”.

During the two years she has been a city Councilor,  Fiebelkorn has exhibited a pattern of down right hostility towards constituents who oppose or who disagrees with her votes on policy and legislation, including Safe Outdoor Spaces.  Although known for attending the District 7 Neighborhood Coalition meetings to give updates on what is happening in her district, she repeatedly takes issue with those who disagree with her at the meetings and who ask her to reconsider positions. She told the officers of the District 7 neighborhood associations, which boasts membership of 10 neighborhood associations, that the coalition is not reflective of District 7 needs and concerns. She told the coalition’s officers she had already made up her mind on allowing  Safe Outdoor Spaces and said she would not change her vote.

Fiebelkorn has always supported allowing the homeless to camp wherever they want without government interference. On June 1, 2 and 3, 2022,  a remarkable exchange of emails occurred between City Councilor Tammy Fiebelkorn, who had been in office for 6 months, and former City Cuncilor Pete Dinelli. The purpose of the contact by Dinelli was to request Fiebelkorn’s assistance in removal of a homeless encampment of at least 6 tents in a  drainage area  East of San Pedro and North of Indian School and across the street from  an established neighborhood.  What occurred was a brush off by Councilor Fiebelkorn telling Dinelli she could not do anything and he needed to “follow the process”  of calling 311 and with  Fiebelkorn revealing her unmitigated support for “Safe Outdoor Space” city sanctioned homeless encampments. Fiebelkorn went far as to make a remark that was downright offensive and sexist.

On June 27, 2022,  the on line news agency the New Mexico Sun published a column entitled “Community organizer: City council aide ‘called me a Nazi’”.  The story was about a citizen contacting Feibelkorn’s office requesting that she  not vote for the Safe Outdoor Space resolutions.

The link to the New Mexico Sun Article is here:

https://newmexicosun.com/stories/629452870-community-organizer-city-council-aide-called-me-a-nazi

Safe Outdoor Spaces became one of the most divisive issues dealt with by the City Council in 2023 and in some time. It not only divided the city council but also resulted in major opposition by neighborhood associations and homeowners.

Opposition to Safe Outdoor Spaces was shamelessly dismissed as “not in my backyard.” Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and city department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

REAL INTENT OF LEGISLATION TO GUT PUBLIC’S RIGHTS OF APPEAL

Fiebelkorn’s resolution R-178 is very short but very broad in scope. If enacted, it will obliterate the public’s right to appeal zoning decisions that affect neighborhoods.  The WHEREAS provisions of the resolution give background context that are very broad and very misleading on a number of levels. The resolution fail to even mention the injunction and the court’s findings simply referred to by in Fiebelkorn in her email to constituents nor the reasons the 2nd Judicial District Court issued the injunction.

What is disgusting is that in her email to her constituents Fiebelkorn does not even mention the real intent and purpose of her legislation which is to simply give the City Planning Department exclusive authorization to review and approve Safe Out Doors Spaces in all 9 city council districts on city owned land. The legislation will eliminate the public right to appeal Safe Outdoor Spaces with the Planning Departments’ decision final and not subject to any appeals to the city’s Environmental Planning Commission and the Citizens Land Use,  Planning  and Zoning Commission nor the city council. She wants to eliminate all review of applications.

CONCULSION

Albuquerque City Councilor Tammy Fiebelkorn fails to understand there is pending litigation with a full trial still pending.  She needs to allow the Court  process to complete itself rather than jumping the gun and sticking her nose into the process of compliance. It’s the Keller Administration that is responsible for compliance and not the City Council Fiebelkorn needs to allow the city to continue with its efforts and the progress being made by the city to provide shelter.

The city council should vote NO without reservations on Fiebelkorn’s politically motivated and ill advised resolution R-178 and preserve the public’s rights to appeal the granting of Safe Outdoor Spaces.

On Friday, November 3, the online news outlet “New Mexico Sun” published the following news article:

HEADLINE:  City council candidate fails to file legal documents, make full accounting for her charity

By New Mexico Sun Reports

Nov 3, 2023

City Council candidate for District 6, Nichole Rogers, failed to file the required legal documents for her charitable nonprofit and has not disclosed a full accounting of funds raised, including how donations were spent, according to IRS documents from August of 2022 and New Mexico government department documents from this year.

Rogers started the Welstand Foundation in 2019 “to enhance all aspects of well-being for under-served and under-represented youth in New Mexico,” according to the New Mexico Secretary of State website. 

The candidate, who said her occupation is “business consultant and financial adviser” to the Albuquerque Journal, has not publicly discussed the status of her foundation and attempts made to keep it in good standing with the New Mexico Attorney General and Secretary of State. Rogers also failed to file mandatory documents with the Internal Revenue Service, a delinquency first noted by the agency in May of 2022.

The IRS revoked the Welstand Foundation’s status on May 15, 2022. According to the IRS website, tax-exempt organizations that do not file 990-series returns for three consecutive years face this consequence. 

On Oct. 20, 2023, the New Mexico Secretary of State listed Welstand Foundation as “active” but “not in good standing.” However, as of Nov. 1, it’s now in good standing, according to the SoS website. 

Blogger Pete Dinelli reports that at least one media inquiry was made with Rogers regarding the foundation’s status and that she possibly took action to meet the IRS and SoS requirements as a result. 

According to the New Mexico Attorney General’s charity search website, Welstand has been delinquent on its registration status since 2019. 

“There are strict requirements set up by the IRS and the state of NM to maintain nontaxable, charitable status,” said Larry Sonntag of the New Mexico Business Coalition. ”Following these requirements is one way to safeguard donors’ money. Unfortunately, some people solicit money under the guise of a charitable cause when they are not a legit charity or foundation and they use the money for their benefit.”

“The loss of charitable status is, or should be a huge red flag to donors. Likewise, it is unscrupulous at least and a violation of codes/laws at worst if an organization continues to solicit ‘charitable’ donations when their status has been revoked.”

While the state requires nonprofits to file their IRS forms and asks for additional donor information, neither the state nor the IRS requires exact details on how donation money is used. However, the reports on Weslstand have line items for some details like income and expenses, including executive director and officer compensation, Sonntag said.

“So by not filing reports, who knows how much Nicole may have been paid/benefits, etc. from Welstand.”  

Dinelli also reported on a Nextdoor.com post by Rogers in mid-October, in which the candidate said that Welstand was no more as of 2020. In a most recent post on Nextdoor.com, Rogers said she shut down the nonprofit in 2021; however, the foundation’s Facebook page shows that donations were still accepted in 2022.   

According to the foundation’s Facebook page and City Council records, Welstand received and solicited donations while not in compliance with the state and IRS. 

On Nov. 1, the foundation’s website and Facebook page were removed.

Marble Brewery, Nexus Brewery, and Hollow Spirits Distillery partnered with the foundation in February 2021 to create a special beer with 25% of the proceeds to Welstand. Rogers accepted the donation the following month, totaling $2,726.75. 

According to the foundation’s Instagram, Albuquerque City Council allocated $15,000 to Welstand on May 18, 2020, through the city’s Coronavirus Community Support and Recovery Funds. 

Rogers said the donation would help fund Welstand Village, the foundation’s first group home for children of color slated to open in the summer of 2021. The group home was never built. 

The foundation again partnered with Marble Brewery on March 31, 2022 and announced that its Red Beers & Rice Lager raised $3,864. 

Rogers, who is also the black community and business liaison to Mayor Time Keller, will face off against District 6 candidates in the Nov. 7 election.

“Unless she can prove that all the public records on Welstand Foundation are wrong,” Sonntag said. “Nicole Rogers wanting to be elected to a position that has oversight of billions in tax dollars should also be a red flag for voters.”

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/651280268-city-council-candidate-fails-to-file-legal-documents-make-full-accounting-for-her-charity

DINELLI COMMENTARY AND ANALYSIS

Progressive Democrat Nichole Rogers is a Basic certified Emergency Medical Technician and in 2012 earned an Associate of Arts and Sciences Degree in Integrated studies from Central NM Community. She lists her occupation as a “business consultant and financial adviser”.  District 6 City Council candidate Nichole Rogers has repeatedly touted her “unique blend of lived experience and professional experience” as a reason to vote for her.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-nichole-rogers/article_c891ab32-646e-11ee-8250-bb9887ac9743.htm

It is very difficult to understand how a candidate for Albuquerque City Council can hold herself out as a business consultant and financial advisor given her failures to file in a timely manner mandatory documents with the IRS, the New Mexico Attorney General, and the Secretary of State for a charitable organization she created.

The most troubling question that needs to be answered is exactly how much was she able to raise for her foundation since its creation in 2019 and where did the money go and what was it used for?  No one knows, except Nichol Rogers.   Forms are required annually of every 501(c)(3) nonprofit. Those forms are  essentially a nonprofit’s income and expense report, allowing oversight of what revenue and donations were brought in, and how and where the money was spent. Not only does it provide financial oversight, but it ensures that a nonprofit’s spending is in accordance with its mission.

The IRS sends compliance letters, so pleading ignorance of the filing requirements is not a valid excuse. The IRS will not revoke a 501(c)(3) organization’s tax-exempt status unless the nonprofit has been out of compliance on filing of the forms  for three consecutive years. This is what finally happened with the Welstand Foundation. Its tax-exempt nonprofit status was revoked on May 15, 2022. It was  also listed as “Not In Good Standing” by the NM Secretary of State website as of October 20, 2023, but that has now changed.

A simple search on the NM Attorney General’s charity registry reveals no 990s have been filed with the office.  Nichole  Rogers posted Nextdoor.com social page in mid-October 2023 that  she had closed the Foundation in 2020.  That statement appears to false because in a more recent post on Nextdoor.com she stated she closed the nonprofit down in 2021.

It is clear that the Welstand Foundation continued to seek donations after after it was supposedly closed and did in fact bring in unreported revenue. Not only has the trust of private donors been violated, the public’s trust has been violated. The City of Albuquerque gave the Welstand Foundation at least $15,000, which has also never been fully accounted for by Rogers.

Other questions that Nichole Rogers needs to answer before the election include:

Will Nichole Rogers seek more city funding to benefit Welstand Foundation or does she intend to step down from its management or dissolve the corporation if she is elected?

Will Nichole Rogers continue with fundraising efforts for Welstand Foundation if she is elected and to what extent?

Will Nichole Rogers engage in lobbying efforts on behalf of Welstand Foundation before the New Mexico legislature as a registered lobbyist if she is elected and to what extent will she lobby on behalf of the city?

In the interest of full disclosure and transparency as a candidate for city council, Nichole Rogers should release her personal income tax returns as well as those of Welstand Foundation so that a comparison can be made and her sources of income can be disclosed as to what extent she has personally benefited from her fund raising activities for the corporation.

Unless Nichole Rogers answers the questions posed and releases tax returns, she should withdraw from the race.

The link to the Dinelli blog article cited is here:

District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant;  Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will  Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/

On November 2, the Dinelli blog article entitled “District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant; Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?” was publish at www.PeteDinelli.com. A link to read the full Dinelli blog article is in the postscript below.

On November 4, the Albuquerque Journal published a story on line  entitled “District 6 Candidate Nichole Rogers Nonprofit raised money despite delinquent submissions with AG’s Office, Secretary of State and IRS”.   The Journal article was written by its Staff Reporter Aliana Mencinger  and it repeats information reported in the Dinelli blog article but contains additional details and responses from Nichole Rogers.

Following is the full Albuquerque Journal article with the Journal’s link to its story:

“When District 6 City Council candidate Nichole Rogers first founded the Welstand Foundation, she dreamed of helping children of color around Albuquerque — particularly those aging out of the foster care system.

In February 2021, the foundation posted a photo on Facebook advertising Welstand Village — “a place where kids of color can thrive” — which was expected to open in summer 2021.

According to a 2021 Journal article highlighting the efforts of three local breweries raising money for the nonprofit, those plans were put on hold. She said the fundraiser would buy furniture for the first Welstand group home, and explained that each room would have a different theme: Wakanda from Black Panther, Harry Potter, Star Wars, etc.

But that home didn’t materialize.

Some voters in the district have questioned the operations of the foundation, which has fallen behind on certain paperwork while still soliciting donations. Rogers said the nonprofit has been defunct for several years.

Rogers said the foundation, which was hit hard by the pandemic, effectively disbanded on June 19, 2021. She said she trusted others to help with the paperwork but had never run a foundation before and lacked knowledge on the paperwork — and didn’t check that all forms had been properly submitted.

“It’s just an unfortunate oversight on my part,” Rogers said.

The foundation has been delinquent in its registration submissions with the New Mexico Office of the Attorney General since 2019, when the lack of a signature rendered the submission invalid. Since then, none have been submitted.

This year, the foundation missed a May 15 deadline to submit paperwork with the New Mexico Secretary of State’s Office, putting the nonprofit “not in good standing.” After speaking with the Journal, Rogers said she submitted paperwork with the office and is deciding whether to restart the nonprofit, which is now again in good standing.

In 2022, the Internal Revenue Service automatically revoked the foundation’s tax-exempt status. Rogers said the wrong forms were submitted to the IRS.

“I thought we had closed everything out,” Rogers said. “When you brought this up, and we looked up everything and saw that the paperwork wasn’t processed, actually now I have to decide, like, ‘Wow, maybe I can continue with my passion work.’ … So this has actually been a blessing in disguise.”

She said she’s working to get all the paperwork up to date, including submissions with the IRS and the NM Attorney General’s office, which she was unaware was required.

Posts on the Welstand Foundation Facebook page, which has since been deleted, showed the foundation was still soliciting donations in 2022. In early 2022, the page showed that several local breweries, which had raised money for the Welstand Foundation the previous year, contributed a portion of their sales to the foundation for Black History Month. Marble Brewery posted it had raised $3,864 for the foundation.

Rogers said when the breweries reached out this year, she told them the foundation wouldn’t be a good fit since it was no longer active.

In November 2022, the foundation’s page added a photo in asking for donations to “help a child in need” for Giving Tuesday, a donation movement that occurs the Tuesday after Thanksgiving.

Rogers said the foundation received no donations from that fundraiser; she added that all money raised after 2021 went to covering the costs of the foundation. Some of the foundation’s projects included outreach to groups typically undercounted in the Census and bringing food boxes to insecure families during the pandemic.

Two years earlier, in 2020, City Council voted to send $1 million in funding reallocated to COVID-19 needs to several organizations, including Rogers’. The foundation received $15,000.

“All of the money went to those projects,” Rogers said. “There was no leftover funding at all, from any of our projects. We had no paid employees, there were no expenses other than WiFi. It was a foundation of one person: me.”

When asked if the solicitation of donations was appropriate for an organization with missing registrations, the NM AG’s office responded, “Thank you for making us aware of the solicitation of donations. We are looking into this issue.”

“Further, the statute allows our office to promulgate rules surrounding charities and the charitable solicitations act — we are hiring a charities attorney who will be tasked with this effort,” an emailed statement from the office read. “In general this statute has not been widely enforced, however Attorney General (Raul) Torrez plans to engage in a more vigorous process regarding charities who are violating the act.”

Rogers, a business consultant and financial adviser, said she didn’t think the foundation fizzling out should disqualify her from seeking a City Council seat. Rather, she said, it was a learning experience.

“You want an expert who has lived experience with these issues, not someone who’s lived a privileged life,” Rogers said. “I am a person who has had successes and has had failures. But I really believe in failing forward. When you know better, you do better — and I’m someone who can teach folks to watch out for these pitfalls.”

https://www.abqjournal.com/election/district-6-candidate-nichole-rogers-nonprofit-raised-money-despite-delinquent-submissions-with-ags-office-secretary/article_c3bbc350-7a66-11ee-8d56-ab4b462eb662.html

DINELLI COMMENTARY AND ANALYSIS

Progressive Democrat Nichole Rogers is a Basic certified Emergency Medical Technician and in 2012 earned an Associate of Arts and Sciences Degree in Integrated studies from Central NM Community. She lists her occupation as a “business consultant and financial adviser”.  District 6 City Council candidate Nichole Rogers has repeatedly touted her “unique blend of lived experience and professional experience” as a reason to vote for her.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-nichole-rogers/article_c891ab32-646e-11ee-8250-bb9887ac9743.htm

It is very difficult to understand how a candidate for Albuquerque City Council can hold herself out as a business consultant and financial advisor given her failures to file in a timely manner mandatory documents with the IRS, the New Mexico Attorney General, and the Secretary of State for a charitable organization she created.

The most troubling question that needs to be answered is exactly how much was she able to raise for her foundation since its creation in 2019 and where did the money go and what was it used for?  No one knows, except Nichol Rogers.   Forms are required annually of every 501(c)(3) nonprofit. Those forms are  essentially a nonprofit’s income and expense report, allowing oversight of what revenue and donations were brought in, and how and where the money was spent. Not only does it provide financial oversight, but it ensures that a nonprofit’s spending is in accordance with its mission.

The IRS sends compliance letters, so pleading ignorance of the filing requirements is not a valid excuse. The IRS will not revoke a 501(c)(3) organization’s tax-exempt status unless the nonprofit has been out of compliance on filing of the forms  for three consecutive years. This is what finally happened with the Welstand Foundation. Its tax-exempt nonprofit status was revoked on May 15, 2022. It was  also listed as “Not In Good Standing” by the NM Secretary of State website as of October 20, 2023, but that has now changed.

A simple search on the NM Attorney General’s charity registry reveals no 990s have been filed with the office.  Nichole  Rogers posted Nextdoor.com social page in mid-October 2023 that  she had closed the Foundation in 2020.  That statement appears to false because in a more recent post on Nextdoor.com she stated she closed the nonprofit down in 2021.

It is clear that the Welstand Foundation continued to seek donations after after it was supposedly closed and did in fact bring in unreported revenue. Not only has the trust of private donors been violated, the public’s trust has been violated. The City of Albuquerque gave the Welstand Foundation at least $15,000, which has also never been fully accounted for by Rogers.

Other questions that Nichole Rogers needs to answer before the election include:

Will Nichole Rogers seek more city funding to benefit Welstand Foundation or does she intend to step down from its management or dissolve the corporation if she is elected?

Will Nichole Rogers continue with fundraising efforts for Welstand Foundation if she is elected and to what extent?

Will Nichole Rogers engage in lobbying efforts on behalf of Welstand Foundation before the New Mexico legislature as a registered lobbyist if she is elected and to what extent will she lobby on behalf of the city?

In the interest of full disclosure and transparency as a candidate for city council, Nichole Rogers should release her personal income tax returns as well as those of Welstand Foundation so that a comparison can be made and her sources of income can be disclosed as to what extent she has personally benefited from her fund raising activities for the corporation.

Unless Nichole Rogers answers the questions posed and releases tax returns, she should withdraw from the race.

 ____________________________________________________________

POSTSCRIPT

District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant;  Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will  Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?