On November 10, Mayor Tim Keller announced his “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing  supply by 2025.  Keller called his plan  “transformative” and it includes  updates to Albuquerque’s Integrated Development Ordinance (IDO)  to carry it out.  A critical  component of Keller’s “Housing Forward ABQ”  are  Motel Conversions.

MOTEL CONVERSIONS

“Motel conversions”  are  the creation of affordable housing where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. Mayor  Keller’s plan calls for hotel or motel conversions to house 1,000 people  with low and moderate incomes by 2025.

The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens. An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing.

A zoning change already enacted by the city council earlier this year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven. The  zoning code update  reduces the kitchen requirements for such affordable housing conversions that receive city funding.  The zoning changes allow the substitution of a microwave or hot plate for a standard oven or range.  The exception applies only to those conversions using city money, but the city council is considering a proposal to expand it to all housing developments.

TARGETED AREA IDENTIFIED

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. Located in the area are a number of motels in the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store  and restaurants such as  Sadies, the Owl Café, and Applebee’s and other businesses.

The city is looking into buying potential properties and claims it has  not yet completed any purchases.  Sources have confirmed the Keller Administration wants to buy the fomer  Sure Stay Hotel located at 10330 Hotel Circle NE   and also has  its eye on purchasing the abandoned and boarded up Ramada Inn for a motel conversion.

The City Department of Family & Community Services is in the process purchasing the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant,  $2,443,724.00 from Public Facilities monies  and $615,938.12 from Foreclosure Prevention for a total property purchase of  $6,119,324.24. She also outlines how the Department of Family and Community Services has  submitted a request to the HUD Albuquerque  Field Office for the release of  CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel  and the renovation project for the permanent housing with supportive services.

Strong neighborhood and business opposition has emerged and galvanized around  the city’s attempted purchase of the Sure Stay Motel, with some petitioning the city to change the zoning code to disallow motel conversions. A petition with well over 250 signatures of business owners and residents in the area was secured within a few days has been submitted to the city.

CITY HOLDS MEETING TO GET INPUT,  ANSWERS FEW QUESTIONS

On December 6, with only a 4-day public notice and reservations required, the City’s Family and Community Services Department and the Planning Department held a public meeting at the Albuquerque Convention Center to discuss the Keller Administration’s motel conversions plans.  A little over 100 people attended the meeting which had a mediator oversee the meeting. In attendance to present the program were  Family Community Service Director Carol Pierce,  Deputy  Director Lisa Huval and Albuquerque Police and APD Deputy Chief Josh Brown.  Notably absent from the meeting was Mayor Tim Keller with no explanation given. Not a single Albuquerque City Councilor attended.

PATHS FORWARD

The City presented a short “power point” slide to the audience entitled “THE PATH FORWARD”.  The power point said in part that there are “several possible paths all of which the Department of Family and community services is exploring” to deal with the housing shortage. Those options listed in the power point were:

“The city can acquire motels, contract with a contractor/architect to completr renovations and then identify an entity to own and operate the facility through a Request for Proposal (RFP), which is the city bidding process.

The city can acquire motels and then identify and entity to rehabilitate, own and operate through an RFP process.  The RFP would include funding to rehab the motel

The city can use an RFP to select one or more entities to aquire, rehab, own and operate a motel.

Currently, [the]  City has funding available to complete at least two motel conversions.”

CITY VISION OUTLINED FOR MOTEL CONVERSIONS

City officials outlined in the power point the vision it has for hotel conversions as follows:

Creation of “basic but safe” apartments.

There will be “Public-Partnerships”.

Conversions would be located throughout the city and not in one location.

Conversions  will be in  mixed communities. Some will have rental units with lower rents affordable to low-income households while other units will be rented at fair market rates.

The converted motels will be professionally managed by a property management company.

The conversions will have “onsite service” coordinators.

They will be sustainable.

KITCHEN REQUUIREMENTS FOR MOTEL CONVERSIONS

The city officials noted that kitchen requirement for conversions would be changed dramatically. Under recent zoning changes, there are reduced kitchen requirements for projects funded by the Family Community Services Department. With motel conversions under taken by the Family and Community Services Department, stoves, ovens or ranges are not required. However, refrigerators, countertops, and kitchen sinks are still required. Proposed changes to the Integrated Development Ordinance (IDO) will allow the same to all conversions by the private sector.

TARGETTED POPULATION

Another power point slide identified the “qualifying incomes” of the population that would be served by the motel conversions in terms of income levels.  Those qualifying income levels listed were “Supplemental Social Security Income” recipients,  “Social Security Disability”  recipients, “Warehouse Workers”, “In Home Care” workers and “Tipped Workers”.   The power point noted that the fair market value for an efficiency apartment in Albuquerque is approximately $666 per month. According to the power point, the monthly cost of $666 is “naturally affordable for single adults who earn $27, 000  a year” which is 50% of the city’s Median Income level.  It was noted that some of the units will be for subsidized or for affordable housing for those making $16,000 a year which is 30% of the city’s Median Income.

CITY OFFICIALS RESPOND

Lisa Huval, deputy director in the Family and Community Services Department, argued that the existence of inadequate supply of low-income housing is a key factor in the city’s current housing crisis.  Huval said Keller’s recently “Housing Forward” plan aims to tackle the problem from various angles.  The goal of “Housing Forward” is to add 5,000 more housing units by 2025 beyond what the ordinary market would create.

Duval  said  transforming hotels or motels  would account for part of that by creating what she called “basic, decent” places for people to live. Huval said the city estimates that rehabilitating hotel rooms into housing can be done at about one-third the cost of building a new unit from  the ground up. According to the city officials, new apartment construction costs per unit is upwards of $300,000 while conversion or remodeling is upwards of $100,000. Huval said this:

“We need new creative, innovative strategies, and we believe converting motels and hotels into housing is one of those creative strategies”.

City Officials said any hotel conversion will have to meet the same city code as other apartment projects, with the exception of the kitchen standard.  The city officials said   that city-affiliated projects would also require an on-site social services provider at least 40 hours a week. They would allow pets and accept housing vouchers, city representatives said.

During the meeting, City officials announced that they hope to have the first city hotel conversion underway by the middle of 2023.  The city officials said they are exploring acquisition of motels across the city, but have not yet made any purchases.  The city officials did confirm it is in negotiations with at least one property located at 10330 Hotel Circle NE, which is the vacant Sure Stay Motel.  It was revealed the city has about $20 million in federal funding and local bond money available currently for motel conversions.  The funding is expected to cover at least the first 2 conversions.

In a slightly bizarre manner, Huval downplayed the zoning changes that allows the substitution of a microwave or hot plate for a standard oven or range.  The city went so far as to have a chef at the event to demonstrate how to prepare chicken noodle soup from scratch with only an induction hot plate. Duval said this:

“Folks immediately go to microwave and picture someone living off Hot Pockets, but in fact it is possible to safely cook nutritious foods in these settings.”

The meeting lasted a little more than an hour and a half with a very short 15 minute power point presentation made. Index cards were circulated for written questions from the audience. Roughly an hour and 15 minutes was devoted to answer audience questions with very few answered or just ignored.

At one point during the question-and-answer period, frustrated audience members yelled out concerns about potential crime and blight noting that the Sure Stay Motel the city wants to buy has an excessive amount of crime and APD calls for service. Colleen Aycock, a resident of Four Hills in SE Albuquerque, who is a founding member of  “Women Taking Back Our Neighborhoods” shouted out:

“So, you’ll get rid of drug addicts and sex traffickers if you find them in these units?”

In response, APD Deputy Chief Josh Brown said officers would tackle crime as needed. He also said it was unfair to make generalizations about low-income renters and said this.

“I don’t know what this is going to look like yet. We’re supportive of it and, if there is anything that pops up criminal-wise, APD can step in.”

https://www.abqjournal.com/2555732/city-lays-out-plan-to-turn-hotels-into-apartments-ex-the-goal-is-to.html

COMMENTARY AND ANALYSIS

There is absolutely no doubt that the Keller Administration and the Family and Community Services Department hosted the December 6 public meeting to discuss motel conversions simply because the issue has resulted in a severe backlash. The fact Mayor Tim  Keller and not a single City Councilor attended the December 6 meeting speaks volumes of  just how controversial motel conversions have become and  Mayor Keller and the City Council could not careless what the public actually thinks.

Giving a 4 day notice on a Friday of a public meeting and then requiring an RSVP from the public was nothing more than a ploy to suppress attendance by hoping no one would see the notice. It’s a ploy that did not work and the city was inundated with reservation requests forcing the city to schedule a second meeting. A second meeting is now scheduled for December 13.

The first biggest take away from the City’s presentation on motel conversions is that they are not intended to be used as “homeless shelters” such as the new Gateway Homeless Shelter on Gibson, but there is no guarantee that will not happen.  The intent is that those who will be housed in them must have some sort of income, either through social security or other government assistance or be gainfully employed, and they must pay rent. The city failed miserably in identifying the screening criteria that will be utilized for occupants and the minimum income levels.

The second biggest takeaway from the city’s December 6 presentation is that the motel conversion program has been haphazardly put together  in order to make it part of Keller’s  “Housing Forward ABQ” plan.  The city officials were clearly on the defensive feeling there was need to have a professional mediator who announced repeatedly how people should conduct themselves and not be confrontational.

The third major takeaway from the meeting is that the city’s estimated cost of $100,000 per unit  to fix up or remodel existing motels is likely a waste of taxpayer money and financing.  Simply put, many times it is cheaper and makes more sense to demolish and rebuild motels.  Approximately 15 years ago, the city’s Safe City Strike Force took civil code enforcement action against a number of the 150 motels up and down central with many ordered  shut down.  The motel owners were ordered to bring their properties into code compliance that usually cost thousands before they were allowed to reopen.

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. Those motels were demolished because it was cheaper and  made more sense to tear them down rather than spends hundreds to remodel. The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

Simply put, the city’s “motel conversion” plan is not ready for prime time.  It appears Mayor Keller rushed to have it included as part of his “Housing Forward ABQ” plan without it being completely formulated or vetted.  The city’s December 6 public meeting was very short on details as to what motels have been targeted, the projected overall funding for the program, no details as to the private-public partnerships and no identifying those in the real estate and development community and the construction industry the Keller administration is working with.

The city is spending between $60 million and upwards of $100 million a year on affordable and supportive housing.  The biggest unanswered question is does the city have any business going into the “hotel conversion” business and begin operating such facilities in addition to what it is already being spent?  Given the December 6 public meeting and all the written questions that went totally unanswered and ignored, it is not at all likely that the city has a realistic plan in place to achieve its goal of 1,000-units relying on motel conversions.

On November 16  Governor Michelle Lujan Grisham’s office announced it was  accepting applications to fill the vacancy of Bernalillo County District Attorney Raúl Torrez who was elected Attorney General on November 8 and who will be  is sworn in January 1.  Lujan Grisham plans to appoint a replacement to serve the remaining 2 years of Torrez’s 4 year term which expires on January 1, 2024.  Applications for the post were due by December 2.

On December 2, the Governor’s office released the names of 10 attorneys who  applied for the appointment.  The 10 attorneys who applied for the appointment were:

1. Private Attorney Sam Bregman, a former Democratic Party State Chairman, a respected trial attorney who manages his own private law firm. 
2. Deputy City Attorney Damon Martinez, a former United States Attorney for New Mexico.
3. Private Attorney Ed Perea, a retired APD  Police Commander who is now in private practice.
4. Private Attorney Joseph Gandert, an attorney who retired from the Federal Public defenders office after 20 plus years.
5. Private Attorney Joseph Gribble, a 1977 graduate of UNM and an Albuquerque trial attorney with extensive experience in criminal defense and civil litigation.
6. Evan Cochnar who has served as an Assistant District Attorney in the 11th Judicial District from 2011 to 2020 and who currently works for the New Mexico Risk Management Division.
7. Assistant Attorney General Ashley Schweizer.
8. Bernalillo County Deputy District Attorney Josh Boone who oversees the Metropolitan Division.
9. Bernalillo County Deputy District Attorney John Duran who is a former Metro Judge and  who oversees the District Attorneys’ Major Crimes Division.
10.   Bernalillo County Deputy District Attorney Diana Garcia who oversees the  the  DA’s Juvenile Division and who  has been with office for 16 years.

https://www.abqjournal.com/2554895/nine-attorneys-respond-to-governors-call-for-da-applications.html

Sources have confirmed that interviews of the 10 applicants were scheduled to have commenced on December 19 and were to have  been conducted by Governor Lujan Grisham personally along with her General Council.  Sources confirmed that an appointment of an new District Attorney  was to have been announced the week of December 26.

 APPLICATION TIME EXTENDED

On December 12, it was reported that Governor Lujan Grisham has extended the deadline for attorneys to file applications to Friday, December 23.  No explanation was given for the extension of time for applications. Confidential sources have confirmed that all interviews that were originally scheduled for the week of December 19 have been cancelled and rescheduled.  The interviews have now been changed to the week of January 2, 2023.

https://www.krqe.com/news/new-mexico/deadline-extended-for-new-bernalillo-county-da-applicants/

COMMENTARY AND ANALYSIS

The extension of the application process took  a number of people within the New Mexico Bar as well as the politcal observers by total surprise.  It has resulted in speculation that Governor Lujan Grisham was not at all satisfied with the applicant pool or that more than a few who had applied withdrew their applications reducing the pool.

Amongst political observers of the process, it was said that one applicant in particular had the “inside track” on the appointment because of his politcal connections and association with the Governor.  It was also said that the  appointment was his for the asking.  If that was the case, why bother to ask for more applications?  No one knows for certain what resulted once the names of applicants  were released nor who actively lobbied for or who actively lobbied against any one of the applicants.

One thing that is for certain is that there will be no new Bernalillo County District Attorney come January 1 when Raul Torrez is sworn into office as the next Attorney General. Torrez will have to resign in order for the Governor to make the appointment, and without an appointed successor, and “Interim District Attorney” will have to be appointed by Torrez to take over for him until the Governor makes a decision on a replacement.

Given the Albuquerque’s  spiking violent crime and murder rates, the appointment of a new Bernalillo County District Attorney is one of the most consequential appointments the Governor will ever make. There is very little room for error on the appointment which is likely one of the biggest reasons for extending the application deadline and seeking to increase the pool of applicants.

Great work experience and academic qualifications for the job does not necessarily make a person a good fit for an elected position such as District Attorney which is as high profile as they come.  Each one of the 10 applicants possesses positive and negative skill sets and different types of qualifications for the job.  In other words, there is no one perfect candidate suited for the job who has applied, but that is usually the case with any elected or appointed politcal position.

The next Bernalillo County District Attorney needs to have strong prosecutorial and case management experience, personnel management experience, be a proven trial attorney, have the ability to work well with all stakeholders within the criminal justice system, including the courts, the defense bar, law enforcement and the legislature and be an effective leader who can attract attorneys to work for the office.

This is one appointment where politics and higher ambitions for office should absolutely not play any role. What should play a role is a real commitment to the office and the criminal justice system itself.  The Governor needs to appoint one who she feels is the most qualified candidate, not the most political.  If the Governor did in fact have reservations about any of those who have applied and she was not fully satisfied with the applicant pool, it was right for her to increase the time for which to apply and ask for more applicants.

Applications may be sent via e-mail to donicia.herrera@state.nm.us. An application may be downloaded here.

 

On June 6, the Albuquerque City Council enacted a bill that contained well over 100 amendments updating the Integrated Development Ordinance (IDO) which is the city’s zoning code laws.  The legislation passed on a 5 to 4 vote. Democrat City Counselors Isaac Benton, Tammy Fiebelcorn, Pat Davis and Republicans Trudy Jones and Brook Bassan voted YES to approve the amendments. Democrats Klarissa Pena, Louie Sanchez and Republicans Dan Lewis and Renee Grout voted NO. One of the amendments was for city sanctioned homeless encampments known as Safe Outdoor Spaces.

A “Safe outdoor space” is a lot, or a portion of a lot, developed to permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, fencing and social services offered. 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 20, Albuquerque Republican City Council Brook Bassan, in a stunning reversal of support, announced by email to her constituents her withdrawal and sponsorship of the “Safe Outdoor Spaces” amendment. The reversal came after Bassan was severely criticized by her constituents for supporting Safe Outdoor Spaces.

Bassan has spent the last 6 months trying to repeal Safe Outdoor Spaces.  Basaan  went so far as to  introduce two separate resolutions.  One sought to place a one year “moratorium” on Safe Outdoor Spaces.  The second  would eliminate Safe Outdoor Spaces from the IDO thereby repealing the land use. The moratorium past the City Council on a 5-4 vote but Mayor Keller vetoed it and the Council failed to override the veto with the required 6 votes to override.

Republican City Councilor Trudy Jones voted for the original resolution to allow Safe Outdoor Spaces.  Due to the severe backlash from voters, she then voted YES for the one-year Moratorium of Safe Outdoor Spaces to allow the city time to reexamine the impacts of the Safe Outdoor Spaces in more detail. Without notice of her intentions and ignoring her constituents opposition, Councilor Jones then flipped her vote  to allow  Mayor Keller’s  veto to stand on  the one-year Moratorium  which allowed all applications  to move forward.

The repeal legislation was referred to the Environmental Planning Commission for review and to make recommendations to the City Council.  On Thursday, September 15, the Environmental Planning Commission (EPC) voted to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO).

COUNCIL VOTES TO REMOVE SAFE OUTDOOR SPACE LANGUAGE FROM THE ZONING CODE

On December 5, the City Council voted 5-4 to approve Bassan’s legislation  to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use. Voting YES were Republicans Brook Bassan, Renee Grout, Dan Lewis, and Democrats Klarissa Peña and Louie Sanchez. Voting NO were Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn and Republican Trudy Jones.

During the December 5 city council meeting, several public speakers urged the  City Council  to keep Safe Outdoor Spaces arguing they give people who are homeless a better option than illegal camping.  City Councilors Bassan, Lewis and Sanchez in response all noted that their constituents are overwhelmingly against Safe Outdoor Spaces.  City Councilor Bassan said her legislation will not completely outlaw  Safe Outdoor Spaces and she said this:

“Two have been approved so far and there is potential for three more.  …  For those people who say we need to try something, I think it’s important to realize we are going to be trying something.”

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate or be grandfathered in having been allowed initially.  Two are designed for people to sleep in cars rather than tents. The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE.

A third approved Safe Outdoor Space is Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE is being appealed.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  The Legacy Point encampment is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. Six appeals have been filed and a hearing officer to sent the approval  back to the Planning Department and finding  that  the city had not required the operator to first notify all the necessary property owners nearby.

The repeal legislation now goes to Mayor Tim Keller who can sign it or veto it. Should Keller veto the repeal, it will require 6 votes to override it.   Keller has already voiced strong support for Safe Outdoor Spaces when he vetoed the one year  moratorium and the council failed to override it.  After the vote to repeal, Mayor Keller did not commit to another veto but a spokesperson said  the mayor would “review the legislation”.  The Mayoral Spokeswoman also reiterated Keller’s  general position on Safe Outdoor Spaces saying his administration “has been consistent in our stance that we need every tool to address homelessness.”

https://www.abqjournal.com/2555540/council-votes-to-strike-safe-outdoor-space-language-from-zoning-code.html

“SAFE OUTDOOR SPACES” A KELLER INTIATIATED POLICY

It was Mayor Tim Keller who initially proposed the idea of Safe Outdoor Spaces in his 2022-2023 city budget. The 2022-2023 proposed budget released on April 1 provides major funding to deal with the homeless. The budget approved includes the following line-item funding:

“$750,000 for proposed “safe outdoor spaces”. … If approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City. There is an additional $200,000 for developing other sanctioned encampment programs.”

On Saturday, June 25, Mayor Tim Keller gave his “State of The City” address. Keller bought up the city’s homeless crisis. Keller noted that homelessness is “on display in so many areas in our city”. Keller had this to say:

“We have to open new ways, new pathways, to longstanding problems and try new approaches. We’ve got to be agile, we’ve got to learn, and we’ve got to keep creating pathways to stability. That is why we are revisiting our approach to homelessness and encampments.”

On July 6, after intense public outcry and objections over the homeless, Mayor Tim Keller again announced that his administration was “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller expressed the intent to initiate major changes on how to deal legally with homeless encampments. However, Keller showed no interest and did not reconsider his promotion of Safe Outdoor Spaces to deal with the homeless.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/city-of-albuquerque-revisits-policy-in-hopes-to-combat-homelessness/

ARGUMENTS MADE BEFORE ENVIRONMENTAL PLANNING COMMISSION TO REPEAL SAFE OUTDOOR SPACES

On Thursday, September 15, the City’s Environmental Planning Commission (EPC) voted to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO).The hearing involved a very detailed analysis of the legislation calling for elimination of Safe Outdoor Spaces from the IDO.  The analysis went through numerous provisions of the IDO.  It identified how Safe Outdoor Spaces violated the IDO provisions and the spirit and intent of the IDO.

During the course of the September 15 hearing, and after the legislative analysis, the public was allowed to speak, with each speaker given a mere 2 minutes. The overwhelming majority of the testimony given by  members of the general public was in opposition to Safe Outdoor Spaces.  Representatives from neighborhood associations, including the Santa Barbara Martinez town Neighborhood Association, Wells Park Neighborhood Association and the Greater Albuquerque Business Alliance, a coalition of downtown businesses, testified in opposition to Safe Outdoor Spaces.   The arguments made by those opposed to Safe Outdoor Spaces are  the following:

1. The City Council amendment for Safe Outdoor Space is not well planned out.  Safe Outdoor Spaces will not be safe despite security plans and will be magnets for crime.

 

2. Safe Outdoor Spaces in the form of “tent encampments for the homeless” constitute temporary housing that has been found to be the least effective means with dealing with the homeless. Many city’s that once embraced city sanctioned homeless encampment such as tent encampments are abandoning them in favor of more permanent housing.

 

3. Safe Outdoor Spaces will be detrimental to the neighborhoods and surrounding business and interfere with the peaceful use and enjoyment of property, both private and public property, and will reduce property values and interfere with redevelopment efforts.

 

4. The Safe Outdoor Spaces provisions are not in conformity and contradict the numerous provisions of the Integrated Development Ordinance (IDO), including relating to “higher and best use” of property and the intent and goal of the IDO to have reasonable, responsible redevelopment provisions that do not hinder development.

 

5. Annual updates and amendments to the IDO, such as is the case with Safe Outdoor Spaces, are enacted without public support or input. The Integrated Development Ordinance (IDO) annual amendment process undertaken by the City Council is seriously flawed and is defective and does not allow for community input for major types of amendments affecting communities, such as Safe Outdoor Spaces.   There is no complete review of data coming from the Planning Department to the EPC for IDO Amendments.  Substantive amendments to the IDO are not being fully investigated and vetted by the Planning Department for recommendations to EPC as was the case with Safe Outdoor Spaces.

 

6. Safe Outdoor Spaces as adopted City Wide will be catastrophic to business districts. A good example given is the  Menaul Metropolitan Redevelopment Area (MRA) Plan, an area where the Dawn Legacy homeless encampment will be if allowed. The Menaul Blvd corridor within the MRA boundaries is identified as blighted, with shuttered buildings, business that have closed, with no ability to attract new capital investment.  A study and survey involving the Menaul MRA  identified the homeless impact to businesses as a top problem by 93% and crime at 97%. The homeless issues identified by the Menaul MRA study are not unique.  There are 20 other MRAs identified within the City that are also subject to the same “systemic homeless” crises.

 

7. The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis. Safe Outdoor Space encampments violates the city’s “housing first” policy by not providing a form of permanent housing. Safe Outdoor Spaces violates the city’s “Housing First”policy jeopardizing millions of dollars in federal funding by offering temporary housing and tent encampments to the homeless.  In the 2021 fiscal year, the city spent $40 million and in the 2022 fiscal year will be   spending $60 million to assist the homeless and much of the federal funding will be placed in jeopardy because of Safe Outdoor Spaces.

 

8. Safe Outdoor Spaces are nuisances and are in violation of city ordinances dealing with nuisance abatement on real property, especially property owned by the city.

 Editor’s Note: The City of Albuquerque has one of the strongest nuisance abatement ordinances in the country.  It is differentiated from all others by defining a nuisance in term of real property.  It defines public nuisance as:

“Any parcel of …   real property, commercial or residential, … on which  … illegal activities occur, or which is used to commit, conduct, promote, facilitate, or aide the commission of … any [felony or misdemeanor, including illicit drugs and prostitution]”

 The city’s nuisance abatement ordinance prohibits “public nuisances” as follows:

 “It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in real property … or other personal property to intentionally, knowingly, recklessly, or negligently commit, conduct , promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession.”

The link to review the entire ordinance is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-99818

FINDINGS OF THE ENVIRONMENTAL PLANNING COMMISSION

On September 15, 2022, the Environmental Planning Commission (EPC) voted to forward a recommendation of APPROVAL to the City Council for the removal of all references to Safe Outdoor Spaces in the Integrated Development Ordinance.  Quoting the ruling, the EPC made the following specific findings:

1 .  “The request is generally consistent with the following, applicable articles of the City Charter:

Article I, Incorporation and Powers:  Enacting a bill to revise and supersede the text of the Integrated Development Ordinance (IDO) … .

Article IX, Environmental Protection:  Removing references to Safe Outdoor Spaces (SOS) in the IDO generally expresses the Council’s desire to ensure the proper use and development of land and maintain an aesthetic and humane urban environment City-wide.   

Article XVII, Planning  – Section 1: Amending the IDO is an instance of the Council exercising its role as the City’s ultimate planning and zoning authority. The IDO will help implement the Comprehensive Plan and ensure that development in the City is consistent with the intent of any other plans and ordinances that the Council adopts.”

2.    “The request is generally consistent with the following, applicable Comprehensive Plan Goals and Policies from Chapter 4: [dealing with] Community Identity:

Character: Enhance, protect, and preserve distinct communities.

The request to remove Safe Outdoor Spaces (SOS) from the IDO would generally help to enhance, protect, and preserve distinct communities because it would ensure that SOS are no longer allowed City-wide. However, SOS are only allowed permissively in non-residential zones.

Identity and Design: Protect the identity and cohesiveness of neighborhoods by ensuring the appropriate scale and location of development, mix of uses, and character of building design.

3. The request to remove SOS from the IDO would generally help to protect the identity and cohesiveness of neighborhoods because it would ensure that the use is not allowed to be near neighborhoods. There are no use-specific standards or design standards for SOS that would ensure the appropriate scale and location of the use.

Neighborhoods: Enhance, protect, and preserve neighborhoods and traditional communities as key to our long-term health and vitality [by]

 …  Respecting  existing neighborhood values and social, cultural, recreational resources.

…  Support improvements that protect stable, thriving residential neighborhoods and enhance their attractiveness.

4.  The request to remove [Safe Outdoor Spaces]  would be consistent in enhancing, protect, and preserving the long-tern health and vitality of neighborhoods because it would remove a use that is temporary, in some instances. A temporary use would not respect neighborhood values because the use is allowable in both Areas of Change and Areas of Consistency. Though only allowable in non-residential zone districts, the use would not stabilize neighborhoods or enhance their attractiveness.”

5 . “The request is generally consistent with the following, applicable Comprehensive Plan Goals and Policies from Chapter 5 [dealing with] Land Use:

Land Uses: Create healthy, sustainable, and distinct communities with a mix of uses that are conveniently accessible from surrounding neighborhoods.

…  Encourage development and redevelopment that brings goods, services, and amenities within walking and biking distance of neighborhoods and promotes good access for all residents.

… Maintain the characteristics of distinct communities through zoning and design standards that are consistent with long-established residential development patterns.

…  Encourage higher density housing as an appropriate use in the [listed] situations.

 6.  The request to remove [Safe Outdoor Spaces]   from the Integrated Development Ordinance  would generally continue to create and support healthy, sustainable and distinct communities because SOS would no longer be allowed Citywide, which in turn would protect the characteristics of distinct communities. SOS are allowed in a variety of non-residential or MX uses, as well as residential zones when associated with religious institutions, where higher density housing is allowed. By removing SOS as a use, higher density housing will continue to be encouraged on those sites.

7. Locally Unwanted Land Uses: Ensure that land uses that are objectionable to immediate neighbors but may be useful to society are located carefully and equitably to ensure that social assets are distributed evenly and social responsibilities are borne fairly across the Albuquerque area.

 [Safe Outdoor Spaces]  are currently allowed in all MX zone districts as conditional temporary uses and in NR-C, NR-BP, NR-LM and NR-GM as temporary uses, as well as residential zone districts when associated with a religious institution. The request to remove SOS form the IDO would ensure that SOS as a locally unwanted land use are eliminated, since they are allowed in a variety of zone districts in both Areas of change and Areas of Consistency City-wide.

8. City Development Areas: Encourage and direct growth to Areas of Change where it is expected and desired and ensure that development in and near Areas of Consistency reinforces the character and intensity of the surrounding area.

 The request would generally ensure that the character and intensity of development in Areas of Consistency is reinforced by removing SOS from the IDO because the use is currently allowed in areas of consistency with minimal design standards. Furthermore, growth that is desired in areas of change would be generally encouraged in zone districts that SOS are currently allowed on.”

9.   “The request is generally consistent with the following, applicable Comprehensive Plan Goal and policy pair from Chapter 8 [dealing with] Economic Development:

Placemaking: Create places where business and talent will stay and thrive.

Available Land: Maintain sufficient land that is appropriately zoned to accommodate projected employment growth in targeted areas.

The request would raise the sufficient land available to accommodate projected employment growth City-side by eliminating Safe Outdoor Spaces. SOS are currently allowed in a variety of non-residential zone districts that could otherwise be developed as businesses.”

10.“The request is generally consistent with the following, applicable Comprehensive Plan Goal from Chapter 9: Housing.

 Goal – Homelessness: Make homelessness rare, short-term, and non-recurring.

The request would reduce options to serve people experiencing temporary homelessness by eliminating Safe Outdoor Spaces, places where this population can camp safely, though other options such as shelters and religious institutions, would remain available and would not be affected.”

11.“ The applicant’s policy analysis shows that the request is generally consistent with applicable Goals and policies in the Comprehensive Plan … .

  … Therefore, the request is generally consistent with the spirit and intent of the Comprehensive Plan.”

The link to the unedited EPC ruling is here:

https://documents.cabq.gov/planning/environmental-planning-commission/September2022/NOD%20PR-2021-001843_RZ-2022-00043_SOS%20IDO%20Text%20Amendment_Amended.pdf

MAYOR TIM KELLER’S 33% APPRROVAL RATING

On November 3, the Albuquerque Journal released its poll on the job performance of Mayor Tim Keller. The Journal poll asked the singular question “Do you approve or disapprove of the way Tim Keller is handling his job as Mayor?”

The results of the poll were dramatic:

DISAPPROVE:  40%

APPROVE:  33%

MIXED FEELINGS:   21%

WOULD NOT SAY: 5%

Brian Sanderoff, the President of Research & Polling who did the poll, was interviewed by the Journal and was asked to give his opinion as to the reasons why Mayor Tim Keller has had such a sharp decline in his popularity. Sanderoff said voter concern about crime and homelessness are likely the biggest factors in the latest poll result.

https://www.abqjournal.com/2545820/mayor-kellers-job-approval-rating-sink

In June, the city released its government-funded satisfaction poll.  70% of those surveyed felt the City is doing a poor job of addressing homelessness, 9% of residents gave City Government positive marks for addressing the homelessness issue and 20% gave the city mixed or neutral rating. The percentage of residents who give the City positive scores for addressing homelessness had risen from 13% in 2019 to 29% in 2020 but it has now fallen by 20% and is  9% currently. The link to the full survey is here:

https://www.cabq.gov/mayor/documents/final_coa-citizen-sat-2022.pdf

Since the citizen satisfaction survey Keller doubled down on his efforts to address the homeless crisis. The homeless have reached crisis proportions with them becoming far more visible and aggressive by illegally camping in parks, on streets, in alleyways and in city open space,  whenever they want and declining city services. Keller has proclaimed an “all the above approach” to deal with the homeless costing millions.

COMMENTARY AND ANALYSIS

Mayor Tim Keller has made highly ill-advised and damaging decisions intended to address the city’s homeless crisis and where they camp. Those decisions include allowing Coronado Park for 5 years to be the city’ de facto city sanction homeless encampment before he was forced to close it down because of crime, illicit drugs and ground contamination. Another discredited and ill-advised decision is his insistence and advocacy of Safe Outdoor Spaces.

There are at least 5 major points that Mayor Keller needs to take into serious consideration before he decides to veto the legislation getting rid of Safe Out Door Spaces.  Those considerations are:

1. The City council majority of 5, that has been nonpartisan, has now voted at least 3 times to reject Safe Outdoor Spaces, and Keller has vetoed those votes to force allowing them and to force city funding for them.

 

2. There has been strong public outrage and opposition to Safe Outdoor Spaces that goes beyond “not in my backyard” and includes legitimate concerns and proof that they will destroy neighbor hoods and businesses.

 

3. The Environmental Planning Commission conducted a thorough evaluation of Safe Outdoor Spaces and arrived at the conclusion that Safe Outdoor Spaces are not compatible with the Integrated Development Ordinance.

 

4. Notwithstanding the removal of Safe Outdoor Spaces from the Zoning Code, there are at least 2 that will remain in existence, with a third that may be allowed and 3 others that have been applied for and that may be allowed.

Mayor Tim Keller’s  “all the above approach” to deal with the homeless crisis, which includes Safe Outdoor Spaces, and his administration’s failure to deal with the homeless crisis has had a major impact on his popularity resulting in a 33% approval rating and a 40% disapproval rating. One thing is for certain is that Keller has alienated at a minimum the neighborhood activists in Brook Bassan’s City Council District 4 that has a population of 60,380 and one of the highest voter turn outs in municipal races.

Simply put, the public has lost faith in Mayor Keller’s “all the above approach” to dealing with the homeless and his policies, especially with Safe Outdoor Spaces. His decline in popularity in the polls is affecting his ability to lead on the issue of the homeless crisis.   Mayor Tim Keller needs to listen to the City Council majority, the Environmental Planning Commission, the business community and the public and sign the legislation to eliminate Safe Outdoor Spaces.

Mayor Tim Keller listening is not at all likely given his “my way or the highway”  on Safe Outdoor Spaces and his “I  know what’s best for my city” and to hell with anyone who believes differently. Keller also knows if he vetoes the repeal legislation he can count on the likes of  Republican Trudy Jones not to override  his veto and she will be for a second time the swing vote and the override vote will fail.

On November 14 it was reported that Trudy Jones  will not be seeking another term on the City Council and it’s likely she feels liberated not to respect the will of her constituents.  Trudy Jones expressed her sense of liberation from her constituents in an interview after a  vote not to override Keller’s veto when she said this:

“It’s the right thing to do. … Sometimes, along the line, you have to stick your neck out and do what’s right, not what is politically expected.”

The link to the quoted news sources is here

https://www.abqjournal.com/category/news/abq-news

 

Unless City Councilor Trudy Jones comes to her senses or has some sort of divine epiphany and changes her mind once again and votes to override Keller’s veto, the override will fail on a 5 to 4 vote when a 6-4 vote is needed and Safe Outdoor Spaces will become law and 2 in each of the 9 City Council Districts will be allowed.  This is the type of conduct that results in general public distrust of city government.

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 department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.  Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances,  such was the case with Coronado Park. The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

Voters and residents are urged to contact Mayor Tim Keller and voice their opinion and tell Mayor Keller to sign the repeal legislation that will remove Safe Outdoor Spaces from the Integrated Development Ordinance. His phone number,  email address and FAX are as follows:

PHONE: 505-768-3000

FAX: 505-768-3019

EMAIL: mayorkeller@cabq.gov

Mailing Address:

Office of the Mayor

PO Box 1293

Albuquerque NM 87103

Physical Address

1 Civic Plaza, 11th Floor

Albuquerque NM 87102

 

The National Assessment of Educational Progress (NAEP) is the largest continuing and nationally representative assessment of what U.S. students know and can do in various subjects. NAEP is a congressionally mandated project administered by the National Center for Education Statistics (NCES), within the Institute of Education Sciences (IES) of the U.S. Department of Education. The first national administration of NAEP occurred in 1969.  NAEP is known and referred to as the “Nations Report Card”.

https://en.wikipedia.org/wiki/National_Assessment_of_Educational_Progress

On October 24, it was reported that NAEP released its 2022 Proficiency Test Scores  in Math and Reading.  Results for all 50 states, the District of Columbia, Puerto Rico, and 26 participating districts were released. Students’ academic achievement during the COVID-19 pandemic was compared to pre-pandemic performance on the 2019 NAEP mathematics assessment as well as to previous mathematics assessments dating back to 1990.

No state improved in 4^th or 8^th grade math, and only a few states improved in reading.  Those that did, did so by a maximum of two points

https://nces.ed.gov/nationsreportcard/

This blog article reports on NAEP’s 2022 proficiency test scores with an emphasis on New Mexico’s test scores.

NATIONAL MATH PROFIENCY TEST SCORES

Between January and March 2022, the National Assessment of Educational Progress (NAEP) mathematics assessment was administered to representative samples of fourth- and eighth-grade students in the nation.

Quoting the report:

“In 2022, the average fourth-grade mathematics score decreased by 5 points and was lower than all previous assessment years going back to 2005.  the average score was one point higher compared to 2003. The average eighth-grade mathematics score decreased by 8 points compared to 2019 and was lower than all previous assessment years going back to 2003. In 2022, fourth- and eighth-grade mathematics scores declined for most states/jurisdictions as well as for most participating urban districts compared to 2019. Average scores are reported on NAEP mathematics scales at grades 4 and 8 that range from 0 to 500.”

“In 2022, average mathematics scores at fourth grade declined in all four census-defined regions of the country—Northeast, Midwest, South, and West. Scores were lower by 7, 3, 5, and 4 points, respectively, compared to 2019. Looking at state/jurisdiction performance for fourth-graders in public schools in 2022, average scores were lower in 43 states/jurisdictions and were not significantly different in 10 states/jurisdictions. This is the largest number of states/jurisdictions with score declines in fourth-grade mathematics going back to 2003. Among the states/jurisdictions with score declines, 13 scored lower than the national average score for public school students in 2022; 17 had average scores that were not different from the national public average; and 13 scored higher.”

Nationally, this year’s math test results yielded the largest drop in mathematics in the history of NAEP.

https://www.nationsreportcard.gov/highlights/mathematics/2022/#:~:text=In%202022%2C%20average,13%20scored%20higher.

NATIONAL READING PROFIENCY TEST SCORES

Between January and March 2022, the National Assessment of Educational Progress (NAEP) reading assessment was administered to representative samples of 4^TH  and 8^TH -grade students in the nation.

Quoting the report:

“In 2022, the average reading score at both fourth and eighth grade decreased by 3 points compared to 2019. At fourth grade, the average reading score was lower than all previous assessment years going back to 2005 and was not significantly different in comparison to 1992. At eighth grade, the average reading score was lower compared to all previous assessment years going back to 1998 and was not significantly different compared to 1992. In 2022, fourth- and eighth-grade reading scores declined for most states/jurisdictions compared to 2019. Average scores are reported on NAEP reading scales at grades 4 and 8 that range from 0 to 500.

In 2022, average reading scores at fourth grade declined in all four census-defined regions of the country—Northeast, Midwest, South, and West. Scores were lower by 5, 3, 3, and 2 points, respectively, compared to 2019. Looking at state/jurisdiction performance, average scores were lower in 30 states/jurisdictions and were not significantly different in 22 states/jurisdictions compared to 2019. This is the largest number of states/jurisdictions with score declines in fourth-grade reading going back to the initial assessment in 1992. Among the 30 states/jurisdictions with score declines since 2019, seven scored lower than the national average score for public school students in 2022; twenty had average scores that were not different from the national public average; and 3 scored higher.”

NAEP NEW MEXICO PROFIENCY TEST SCORES

According to education officials, the NAEP tests were conducted in 29% of elementary schools and 42% of middle schools. The highest possible score on the NAEP test is 500.

In 4^th and 8^th  grade reading and math, New Mexico students came in shy of  dead last in proficiency out of the over-50 states and jurisdictions where the testing was administered. According to the report, New Mexico 4^th and 8^th graders lost ground in both math and reading.  This was  the case across the country.  National and New Mexico education officials attributed the declines in large part due to the corona virus pandemic and when there was widespread school closings and remote learning was instituted.

According to the 2022 NAEP report, New Mexico’s 4^th  graders fell upwards of 14 points behind national public school student averages overall.  It was the same for 8^th graders in math, but 8^th graders lagged about 11 points behind in reading.

In math, New Mexico 4th and 8th graders dropped about 10 points from state scores in 2019. They lost less ground in reading, where fourth graders dropped about five points and eighth graders dropped four.

That came out to 21% reading proficiency and 19% math proficiency rates of and  among 4^th  graders  which was 3% and 10%  points lower than in 2019.

A little more than 18% of eighth graders were proficient in reading and about 13% were proficient in math – a drop of five and eight percentage points, respectively.

UNDERSERVED STUDENTS

It was on  July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled in the landmark public education case Yazzie v. State of New Mexico that the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with an education. The Court ruling centered on the guaranteed right under the New Mexico Constitution to provide a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities. The Court found that the New Mexico Public Education Department (PED) under Republican Governor Susana Martinez did not do the best it could with the funding it was given by the legislature to the education system.

On September 1, 2022, the Legislative Education Study Committee was told that despite more than $1 billion of investments responding to the findings in the Yazzie-Martinez consolidated lawsuit, it was unclear if students named in the lawsuit are “any better off.” According to a Legislative Finance Committee report, much of the responsibility for the failure falls squarely on school districts with the districts having problems implementing remedies to a judge’s findings that New Mexico wasn’t providing a sufficient education system for “at-risk” students. The state Public Education Department has also had issues making sure districts are doing what they need to do.

According to the 2022  NAEP  proficiency test score report, the  student groups identified in the landmark education case  Yazzie-Martinez  fell behind their national and statewide peers. They also almost all had lower scores this year than in 2019 with a few exceptions.

“The students who were in families impacted by poverty had a greater negative impact because of the pandemic,” Steinhaus said, noting that Yazzie-Martinez students represent over 70% of New Mexico students. “So the pandemic impacted us harder than a lot of other states.”

Math scores for New Mexico students identified in the lawsuit this year were worse for both grades than they were before the pandemic  as was the case with  fourth grade reading. APS Yazzie-Martinez students also almost universally lost ground in their scores in both subjects.

For the most part, students identified in New Mexico’s lawsuit also fared worse around the country this year than in 2019.

One bright spot among New Mexico’s data was that eighth graders in those student groups almost universally improved their reading scores from 2019, even if only by one  point. Nationally, that was also true for 8th grade English learners, and 8th  graders with disabilities’ scores didn’t change.

APS fourth graders with disabilities improved in math and reading, and 8th  grade students with disabilities and English learners improved in reading.

Gaps between APS Yazzie-Martinez student test scores and those collected from those student groups in large cities around the country also didn’t tend to widen dramatically over the pandemic, and in many cases improved.

APS SCORES

Students at Albuquerque Public Schools, the largest district in the state, mostly held steady in their proficiency levels. While there were drops in both subjects for eighth graders, the NCES found they were “not significantly different” from 2019 scores.

However, fourth grade math proficiency, at about 24%, was around six percentage points lower than it was in 2019.

Overall APS student scores also dropped across the board from their pre-pandemic levels, though not as much as statewide numbers did. The largest declines came in math, where both fourth and eighth graders lost roughly seven points each.

APS students suffered from the pandemic, Superintendent Scott Elder said. Still, he noted that Albuquerque was in a “much better place” than a lot of other places in New Mexico when it comes to accessibility to things like the internet.  And while APS students were still behind other large cities in both grades and subject areas, those gaps didn’t widen as some thought they would, he pointed out.  Elder told the Albuquerque Journal this:

“You don’t look at the scores and think ‘OK, great. … We lost a little bit, but we didn’t lose as much as I think people were afraid [we would. … We [did] see a significant decline in the math, but that’s similar to what we see nationally.”

SOLUTIONS OFFERED

Teachers this year said they felt more overworked, according to surveys given to them in conjunction with the test, and some said they felt less confident that they would be able to help their students close pandemic-related gaps.  To address that problem, Steinhaus said the state is continuing an ongoing effort to bolster its mental health support for teachers and students alike.

New Mexico is also rolling out more tutoring for students and families, particularly those in schools with high populations of economically-disadvantaged families.

In January, Steinhaus added, the state Public Education Department aims to roll out more high-dosage tutoring – focused, small-group tutoring three times a week – which will also emphasize math. Steinhaus said this:

“We’ve got to continue improving literacy. But this year, our primary focus is going to be on mathematics. ” 

The link to the quoted news source is here:

https://www.abqjournal.com/2542915/nms-national-test-scores-not-acceptable.html

REACTION TO LOW SCORES

U.S. Education Secretary Miguel Cardona in reaction to the 2022 NAEP report said this:

“The results in today’s Nation’s Report Card are appalling and unacceptable. … But let’s also be very clear here – the data prior to the pandemic did not reflect an education system that was on the right track. The pandemic simply made it worse.”

National Center for Education Statistics Commissioner Peggy Carr said  that each state’s varying response to the pandemic, especially in terms of when students returned to in-person learning, was an influential,  but not the deciding  factor in test performance results. Carr said this:

“There’s nothing in this data that says we can draw a straight line between the time spent in remote learning … and student achievement.”

New Mexico Education Secretary Kurt Steinhaus had this to say:

“This is what we expected [because of the pandemic.  the scores are] not acceptable and not OK.”

GOVERNOR LUJAN GRISHAM’S EFFORTS TO DEAL WITH EDUCTION CRISIS

In response to the Yazzie v. State of New Mexico landmark public education decision that ruled the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with an education, Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful.  It has taken a full 4 years to get the job done.

Lujan Grisham succeeded in securing over $1 Billion dollars for public education during the 2019, 2020, 2021 and 2022 legislative sessions. In addition to the dramatic increases in public education funding, Lujan Grisham administration created  the Early Childhood Department, issued mandates to the Children, Youth and Families and Public Education departments, and increased the number CYFD social workers by at least 125.

An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers was increased by upwards of 20% and have risen to $50,000, $60,000 and $70,000 depending on the level of years of teacher experience.  During the 2022 New Mexico legislative session, more than $70 million was allocated to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students. The money will be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

Governor Lujan Grisham partnered with sovereign nations, tribes, and pueblos to make long-awaited investments in education in tribal communities and because of the Governor’s efforts, New Mexico is now leading the nation in setting aside funds for bilingual and multicultural education.

A PROMISE MADE A PROMISE KEPT TO EDUCATORS AND OUR CHILDREN

In her campaign for governor, Governor Lujan Grisham promised to be a champion for New Mexico’s educators, and she has kept her promise. Under Governor Michelle Lujan Grisham’s leadership, New Mexico teachers received the most significant back- to-back raises for educators in 15 years and has successfully reduced teacher vacancies by nearly 25% in 2019. This year, the Governor delivered a 7% salary increase and a base pay increase for every New Mexico educator, making New Mexico teacher wages the highest in the region. Governor Lujan Grisham​​ also put tens of millions of dollars toward scholarships for educator training programs, helping more than 3,000 New Mexico teachers this year alone.

New Mexicans have long called for universal pre-k and affordable childcare.   Governor Lujan Grisham delivered by expanding affordable, high-quality childcare to thousands of New Mexico families and secured permanent funding to ensure New Mexico will continue to provide families with affordable options for their children’s education for decades to come. Lujan Grisham established universal pre-k for four-year-olds and greatly expanded pre-k for three-year-olds.

Governor Lujan Grisham has made New Mexico a national leader in guaranteeing 100% tuition-free higher education for all New Mexico students.  The Governor is eliminating barriers to higher education like student debt and burdensome fees that keep too many students, no matter their age, background, or family situation, from getting the training and the job they want and deserve.  By creating and funding the Opportunity Scholarships and restoring the promise of the Lottery Scholarships, Lujan Grisham expanded scholarships for 2-year, 4-year and certificate programs, helping tens of thousands of New Mexico students attend college for free.

PASSAGE  OF CONSTITUTIONAL AMENDMENT FOR EARLY CHILDHOOD PROGRAMS

On November 8, the New Mexico Constitutional Amendment 1 that will provide  funding for Early Childhood Programs passed by a landslide on 70.34% YES  vote to a 29.66% NO vote.  A “yes” vote supported allocating 1.25% more in funding from the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund.  Passage of the constitutional amendment makes New Mexico the first state to guarantee a right to early childhood education while directing substantial, steady funding to child care and early education. The funding will not be a one-time infusion, but a steady stream of about $150 million a year for early childhood programs. It could very well allow New Mexico to achieve a system of free child care and preschool for all state residents.

“New Mexico voters didn’t just approve the allocation of more dollars. They changed their constitution so that it now enshrines a right to education for children ages zero to five alongside the previous guarantee for children in grades K-12, making it the first state with such a guarantee.”

Links to quoted news sources are here:

https://ballotpedia.org/New_Mexico_Constitutional_Amendment_1,_Land_Grant_Permanent_Fund_Distribution_for_Early_Childhood_Education_Amendment_(2022)

https://earlylearningnation.com/2022/11/new-mexico-is-the-first-state-to-guarantee-a-right-to-early-childhood-education-universal-child-care-could-come-next/

COMMENTARY AND ANALYSIS

In the 2022 New Mexico’s Governor race between Democrat Governor Michelle Lujan Grisham and Republican Mark Ronchetti,  as well as all other states where elections were held for Governor, the debate was hot and heavy about how quickly and when  to reopen the schools during the COVID 19 pandemic.  It turns out that no one was right on the issue on whether to delay school openings or to open the schools quickly.

The results of NAEP report revealed that student performance across the board between “early opening” schools and “delay opening” of schools suffered across the board and that the test scores went down dramatically.  The test scores for 4^th graders and 8^th graders in reading declined nation wide in reading. The test scores for 4^th graders and 8^th graders in math showed the biggest drop in scores since the testing bagan in 1990.

Republican Governor’s Ron DeSantis of Florida and Greg Abott of Texas made a big deal out of opening their state’s schools in the fall of 2020.  Democrats New Mexico Governor Michelle Lujan Grisham and California Governor Gavin Newsom moved more slowly in reopening the schools.  The NAEP report based on the testing revealed student performance suffered equally despite the early opening of the late opening of the schools.

New Mexico can take very little comfort that New Mexico is not alone and the most of the United States suffered similar setbacks.  New Mexico’s 2022 standardized tests provides a grim reminder of the lingering effect of the COVID-19 pandemic, and of the status of the education system across the state.

Now that Governor Lujan Grisham has been elected to a second 4 year term and that the pandemic has subsided, she needs to finish the job of public education reform that she once called New Mexico’s Moonshot.  With all the funding she has secured over the last 4 years for public education along with the approval of the constitutional amendment, there will be very little excuse for failure at public education reform.  If she in fact accomplishes it,  that alone will be her lasting legacy for generations  and she will go down as one of the states best Governors.

Let’s hope Governor Lujan Grisham  does not get Potomac fever mid term and decide to bail out of the state and go to work for President Biden as was the possibility when she was being considered for Secretary of Interior.

Every 10 years, the City Charter requires that the Council appoint a committee composed of an equal number of representatives from each Council District to review and make recommendations regarding redistricting the Council Districts based on information from the Federal Census. The Committee was tasked with using the population data from the official 2020 U.S. Census along with any other pertinent information to make a report recommending changes in the Council District boundaries that the Committee decided were necessary based on constitutional principles governing voting rights, population, compactness, and other related factors.

The Committee was made up of 18 members with  one voting member and one alternate member from each Council District. The  Redistricting Committee was  required to  be  “fair and balanced as nearly as is practicable” in the redistricting process and provide city council districts that reflected the racial, ethnic and gender makeup of the City’s population.

On June 29th the Redistricting Committee met for the final time and  voted to send 8 maps to the City Council for their consideration and final selection. The Committee rated each of the 8 maps on a 5-point scale, ranging from 0 to 4 and  ranked the maps as follows:

1.Concept Map A scored the highest with a total rating of 24 and an average rating of 2.7.
2. Citizen Map 2 scored the second highest with a total rating of 19 and an average rating of 2.1.
3. Concept Map D scored the third highest with a total rating of 16 and an average rating of 1.8.
4. Citizen Map 1 scored fourth highest with a total rating of 13 and an average rating of 1.4
5. Citizen Map 5 scored fifth highest with a total rating of 12 and an average rating of 1.3
6. Citizen Map 3 scored sixth highest with a total rating of 9 and an average rating of 1.0
7. Concept E map and Citizens Map 4 tied for seventh highest place each with a total rating of 7 and an average rating of 0.8

https://documents.cabq.gov/council/2022%20Redistricting%20Report.pdf

SINISTER INTENT OF CONCEPT MAP 4 WAS TO REDUCE MINORITY INFLUENCE

What must not be forgotten is that Citizen Map 4, which came in last with the rankings by the re-districting committee, was originally the citizens map prepared and submitted by City Councilors Pat Davis and Tammy Fiebelkorn.  The Davis/Fiebelkorn concept map was the most radical map of all the 8 maps under consideration. All the other 7 maps made adjustments that were very minor in comparison and essentially “tweaked” the existing districts, respecting the existing borders and neighborhoods and communities.

The Davis/Fiebelkorn District 6 and District 7 maps reflected in their proposed Concept Map 4 represented a dramatic departure changing borders. The concept map gutted both Districts and carved them up to the benefit of Democrat Tammy Fiebelkorn to give advantage to Fiebelkorn for reelection by including the very progressive Nob Hill Area in her District and excluding the International District. City Councilor Fiebelkorn said the  Davis/ Fiebelkorn would have given the International District’s “large, culturally significant population” a more united voice on the council, yet she does not represent them.

Simply put, the Davis/Fiebelkorn Citizen redistricting Map 4 was an abomination. It was a prime example of gerrymandering at its very worse designed to protect newly elected incumbent Tammy Fiebelkorn while the departing City Councilor Pat Davis thumbed his nose at his own City Council District 6 cutting out the International District and placing it into a Republican NE Height’s District.

COUNCIL VOTES TO ADOPT CONCEPT MAP A

Concept Map A, which was ranked first by the redistricting committee, reset all 9 City Council Districts without making any major changes to existing council district borders.   Redistricting experts referred to it as “minimal change” map.  Only 5.8% of the city’s population are moved into new city council districts.

The link to quoted news source material is here:

https://www.abqjournal.com/2533691/council-opts-for-minimal-change.html

On Monday September 19, the Albuquerque City Council voted 6-3 to approve Concept Map A. It was Democrat Westside City Councilor Klarissa Peña, District 3, and Republican NE Heights City Councilor Brook Bassan, District 4, who co-sponsored the Concept Map A, the minimal change map.  The ordinance was  formally published on October 13, 2022 and the new Council District Boundaries took effect October 20, 2022. Three of the 9 city council districts will not change under the adopted redistricting map. Those districts are District 3 represented by Democrat Klarisa Peña, District 4 represented by Republican Brook Bassan and District 9 represented by Republican Renee Grout.

Democrats City Councilors Pat Davis, Isaac Benton and Tammy Fiebelkorn voted against Concept Map A.   Each of the 3 supported at least one different option they contended would have amplified minority voices. All 3 councilors disparaged the adopted Concept Map A.

The new City Council District boundaries account for population changes and offers minimal change to the council districts.  Council District boundaries remain identical for Districts 3, 4, and 9. Changes to  Districts 2, 5, 6, 7 and 8  include in part:

• District 5 had to lose population. Its boundary with District 1 moves north to the bluff south of the Petroglyph Estates.
• District 2 crosses the river between Central and I-40 to Coors taking the West Mesa and Pat Hurley neighborhoods from District 1.
• District 6 moves west into District 2 from Buena Vista to I-25 between Gibson and Lomas. District 6 also takes the University West area (including Carrie Tingley Hospital) from District 2.
• District 7 moves south into District 2 from I-40 to Lomas between I-25 and Carlisle not including the University West area.
• District 8 moves into District 7 from Montgomery to Comanche between Wyoming and Eubank.

DATA DOWNLOAD

Albuquerque is a Hispanic Majority City.  The citywide raw population data that was used by the City Council Redistricting Committee to formulate all 9 City council districts breaks  the city population down as follows:

Albuquerque Total Population 564,550  

HISPANIC: 269,231 (47.7%)

WHITE:  212,965 (37.7%)

NATIVE AMERICAN:  25,195 (4.5%)

BLACK: 16,649 (2.9%)

ASIAN: 18,041 (3.2%) 

OTHER:   22,469 (4.0%)

The redistricting Committee  distributed the city wide population data to each of the 9 City Council Districts.   With the new City Council redistricting boundaries, Districts 1,2,3,5 and 6 all have Hispanic Majority populations. District 4,7,8 and 9 have White  Majority populations. Following is the population data as to each city council district with borders  identifying the current city councilor:

CITY COUNCIL DISTRICT 1 (DEMOCRAT LOUIE SANCHEZ)

Total Population:   65,323 HISPANIC:  37,135  (56.8% )  WHITE: 19,659  (30.1%) NATIVE AMERICAN  2,970  (4.5%)  BLACK 1,948  (3.0%)  ASIAN 1,441  (2.2%) OTHER 2,170 3.3%

The District 1 City Council District represented by Democrat Louie Sanchez is the centrally located Westside District between City Council District 5 on the North represented by Republican Dan Lewis and  City Council District 3 on the South represented by Democrat Klarissa Pena. The geographical borders  generally include Central Avenue on the South, Coors and the Rio Grande River on the East and “zig zags” on the North to include  Atrisco Dr., Tesuque Dr. and Buterfield Trail  and with the West border  jetting outwards to the city limits and vacant land.

 CITY COUNCIL DISTRICT 2  (DEMOCRAT ISAAC BENTON)

Total Population:  60,338   HISPANIC: 36,586  (60.6%) WHITE: 17,404  (28.8%) NATIVE AMERICAN   2,281 (3.8%)  BLACK 1,486  (2.5%) ASIAN 600 (1.0%) OTHER 1,981 (3.3%)

Some of the biggest changes involve the  Downtown based District 2 represented by Democrat Isaac Benton.  The district now extends west of the Rio Grande to pick up the West Mesa and Pat Hurley neighborhoods. District 2 simultaneously lost some neighborhoods immediately east of Interstate 25. Some went to District 6, where Pat Davis is the councilor, and others joined District 7, which is represented by Tammy Fiebelkorn.  District 2 (Benton) crosses the river between Central and I-40 to Coors taking the West Mesa and Pat Hurley neighborhoods from District 1 (Louie Sanchez).

CITY COUNCIL DISTRICT 3  (DEMOCRAT KLARISSA PENA)

Total Population:  65,343   HISPANIC:  53,314 ( 81.6%)   WHITE:  6,766  (10.4%) NATIVE AMERICAN     1,865 (2.9%)   BLACK 1,554 (2.4%)  ASIAN 612 0.9% OTHER 1,232 (1.9%)

District 3 represented by Klarissa Peña borders did not change. The geographic borders  are generally “Old Coors Road” on the East and the Valley area, Central on the North, and Dennis Chavez Road on the South, with the West side border  jetting out to the city limits and mostly vacant area.

CITY COUNCIL DISTRICT 4  (REPUBLICAN BROOK BASSAN)

Total Population:  60,380   HISPANIC:  20,358  (33.7%)  WHITE: 28,888  (47.8%) NATIVE AMERICAN  2,821 (4.7%)  BLACK 1,545 (2.6%)  ASIAN 4,047  (6.7%) OTHER 2,721 (4.5%)

District 4 boundaries represented by Brook Basaan “zig zag” tremendously. The West border includes Tokay, Edith, and Paseo Alamedas streets.  The South border  includes Montano/Alameda.  The East border includes Academy, Holbrook and Ventura. The North border is South of Tramway Road and includes Boxwood, Venice, Florence, Ventura and Caramel streets.

CITY COUNCIL DISTRICT  5 (REPUBLICAN DAN LEWIS)

Total Population:  63,144    HISPANIC:  28,967 (45.9%) WHITE: 24,506 ( 38.8%) NATIVE AMERICAN   2,799 (4.4%)  BLACK 2,079 (3.3%) ASIAN 1,958 (3.1%) OTHER 2,835 (4.5%)

The approved map “shrinks” the geographic size of District 5.  The district had about 16% more people than ideal for balancing purposes. District 5, in the  city’s northwest quadrant,  represented by Dan Lewis,  grew  out of proportion with the city as a whole and some of it went  to neighboring District 1 represented by Louie Sanchez.   District 5   ost population and the boundary with District 1  moves north to the bluff south of the Petroglyph Estates.

CITY COUNCIL DISTRICT 6  (DEMOCRAT PAT DAVIS)

Total Population:  64,510    HISPANIC:  29,515  (45.8%)  WHITE:23,074 (35.8%)  NATIVE AMERICAN  4,193  (6.5%) BLACK 2,801 (4.3%) ASIAN 2,072 (3.2%) OTHER 2,855 (4.4%)

District 6 absorbed  parts of  District 2, including the area east of Interstate 25 between Lomas and Gibson.  District 6 (Davis) moves west into District 2, (Benton) from Buena Vista to I-25 between Gibson and Lomas. District 6 (Davis) also takes the University West area (including Carrie Tingley Hospital) from District 2 (Benton).

CITY COUNCIL DISTRICT  7 (DEMOCRAT TAMMY FIEBELKORN) 

Total Population:  64,847     HISPANIC:  25,198  (38.9%)  WHITE: 29,506 (45.5%)  NATIVE AMERICAN  3,424  (5.3%)  BLACK 1,836  (2.8%) ASIAN 1,953 (3.0%) OTHER 2,930 (4.5%)

District 7  lost the area from Comanche to Montgomery, between Wyoming and Eubank, to District 8, where Trudy Jones is the councilor. District 7 (Fiebelkorn) moves south into District 2 (Benton) from I-40 to Lomas between I-25 and Carlisle not including the University West area.

CITY COUNCIL DISTRICT  8   (REPUBLICAN TRUDY JONES)

Total Population:  59,917   HISPANIC:  15,807 (26.4%) WHITE: 35,477 (59.2%) NATIVE AMERICAN  1,940 (3.2%)  BLACK 1,320 (2.2%)  ASIAN 2,482 (4.1%)  OTHER 2,891 (4.8%)

The Northeast Heights-based District 8, represented by Trudy Jones, added some terrain from Fiebelkorn’s District 7 by expanding south to Comanche between Wyoming and Eubank.   District 8 (Trudy Jones) moves into District 7 (Tammy Fiebelkorn) from Montgomery to Comanche between Wyoming and Eubank.

CITY COUNCIL DISTRICT 9 (REPUBLICAN RENEE GROUT)

Total Population:  60,748    HISPANIC:  22,351  (36.8%)  WHITE: 27,685 (45.6%) NATIVE AMERICAN    2,902 (4.8%)  BLACK 2,080  (3.4%) ASIAN 2,876 (4.7%) OTHER 2,854 (4.7%)

District  9  boundaries represented by Renee Grout did not change and the District is very condensed. The Northern border  is Menaul, the West border is Eubank, the Southern border is Dennis Ave, SE and the East border is the Sandia foothills federal land.

Click to access cabq_concept_a_maps_table.pdf

https://www.cabq.gov/council/news/new-city-council-district-boundaries-to-take-effect-october-20th

https://www.abqjournal.com/2553183/new-albuquerque-city-council-boundaries-take-effect-ex-downtownbase.html

CITY COUNCIL TURNOVER

In the 2017 municipal election, the  Majority Hispanic District 2 elected Democrat Isaac Benton and Majority Hispanic District 6 elected Democrat Pat Davis and the Majority Hispanic City elected Democrat Mayor Tim Keller.

The 2021 municipal elections resulted in a turnover of 4 city council seats out of 9 with 2 city councilors deciding not to run again and two other Democrat incumbents losing to challengers.  The Hispanic Majority District 5 elected Republican Dan Lewis who defeated Hispanic Democrat Cynthia Borrego.  The City Council went from a 6 to 3 Democrat “progressive” majority to a 5 to 4 Democrat majority that is decidedly more conservative leaning thanks in large part to the election of Westside conservative Democrat Louie Sanchez who defeated progressive Democrat Lan Sena.  

After the 2021 Muncipal elections, the 5 Democrats on the new city council as of January 1, 2022 are:

District 1 Conservative Democrat Louie Sanchez (Elected on November 2 defeating Lan Sena.)
District 2 Progressive Democrat Isaac Benton
District 3 Moderate Democrat Klarissa Peña (Ran unopposed on November 2 .)
District 6 Progressive Democrat Pat Davis
District 7 Progressive Democrat Tammy Fiebelkorn

After the 2021 Muncipal elections , the  4 Republicans on the new city council as of January 1, 2022 are:

District 5 Conservative Republican Dan Lewis (Newly elected)
District 4 Conservative Republican Brook Bassan
District 8 Conservative Republican Trudy Jones
District 9 Conservative Republican Renee Grout

Because of the 2021 municipal election and its move to the conservative right, it has frequently taken to attempting to repeal  progressive  policies adopted by the previous city councils. That includes the city’s plastic bag ban repeal by the current council, attempting repeal the Mayor’s authority to issue emergency public health orders to deal with the pandemic and weighing whether to replace the zero-fare bus pilot program.

2023 MUNCIPAL ELECTION

Democrat Pat Davis And Republican Trudy Jones have made it official and announced that they will not seek another term on the Albuquerque City Council. Both Davis and Jones said they  intend to serve the remainder of their terms  which run through the end of 2023. Both Jones and Davis said they are ready to make way for some new voices on the council.  A total of 4 City Council seats will be on next year’s municipal ballot and include District 2 now represented by progressive Democrat  Isaac Benton and District 4 now represented by conservative Republican Brook Bassan.

DISTRICT 8 REPUBLCAN TRUDY JONES

Republican Trudy Jones, now 73,  was first elected to the City Council in October 2007 to represent District 8,  Albuquerque’s Far Northeast Heights and Foothills.  District  8 is a decidedly WHITE district  with  a  total population of  59,917  and with a WHITE population of 35,477 or 59.2%  and a  HISPANIC population of  15,807 or 26.4%.   She has been elected 4 times to the council and will complete 16 years of service in 2023. She is a retired real estate agent and said she was drawn in 2007 to the public service element of the council. She said her focus since becoming a city councilor has been improving public facilities in her district and said she is especially proud of the investments in parks and roads.

As a city councilor and as a realtor, it was not at all surprising that  her primary  interest was in land-use planning and zoning matters.  She was the co-sponsor of  the city’s Integrated Development Ordinance, which in 2017 replaced the city’s old zoning code,  and chairing the city’s Land Use, Planning & Zoning committee for the past three years. She was a staunch supporter of the disastrous ART Bus project down the center of Central.   This past year she voted to support “Safe Outdoor Spaces” which are government sanctioned tent encampment for the homeless and “motel conversions” which will allow the city to purchase motels to be converted to long-term low-income housing. Jones said she wants to shepherd various infrastructure projects to the finish line before leaving office.

DISTRICT 6 DEMOCRAT PAT DAVIS

Democrat Pat Davis, now 44, was first elected to the City Council in 2015 succeeding City Councilor Rey Garduno and in 2019  Davis was elected to serve another 4 year term.   Davis represents District 6, which encompasses  the International District, Mesa Del Sol, Nob Hill, Southeast Heights, and the University of New Mexico. District 6 is a decidedly  Hispanic   Majority District with a total population of 64,510  which is  45.8% Hispanic and  35.8%. White.

Davis is considered one of the leading progressives on the city council and  worked on the city’s early solar energy initiatives and co-sponsored legislation that strengthened the city’s immigrant-friendly status, and another bill that decriminalized possession of small amounts of marijuana years before the state legalized recreational cannabis.  Davis is building a small media network as publisher of three independent newspapers: the Corrales Comment, the Sandoval Signpost and The Paper.  By announcing his intentions now not to seek a third term, Davis said he is giving others interested in his job a chance to “research and build networks.”  Davis had this to say about his departure from the city council:

“I think the city has got to find some new voices to help move us forward. I want to give some folks an opportunity to try that and maybe somebody else will be more successful than I would be. … I have a lot of other things going on. … I can leave the City Council and still have a voice from the newspaper job that I could do more work in.”

The link to quoted news sources is here:

https://www.abqjournal.com/2549631/two-city-councilors-say-they-wont-seek-reelection.html

TWO INCUMBENTS WHO MAY RUN AGAIN

The two other City Council District seats that will be on next year’s 2023 municipal ballot are District 2 represented by 4 term Democrat City Councilor Isaac Benton and first term District 4 Republican Brook Basaan.  Benton and  Basaan have not yet said if they will be running again, but if they do, it is expected they will have strong opposition.

DISRICT 2 DEMOCRAT ISAAC BENTON

Democrat Isaac (Ike) Benton, 71, is the District 2 City Councilor and was first elected to the council in 2005 and has been elected 4 times to 4 year terms.  Benton’s district is a decidedly Hispanic Majority District  with a 45.9% Hispanic population and a 38.8%  White population.   Benton is a retired architect and avowed urbanist. Benton’s city council district includes a large area of downtown Central and the North Valley which leans left and is heavily Hispanic. Benton ran unopposed in 2015. In 2019,  Benton had 5 opponents with 4 having qualified for public finance. Four of his opponents were Hispanic males ranging from the ages of 28 to 39, and one was a Republican Hispanic female. In 2019 Benton was forced into a runoff with  Zack Quintero, 28, who was  a recent UNM Law School graduate and economist and Benton won the election. Quintero for his part ran unsuccessfully for State Auditor this year and eventually became the statewide campaign field coordinator for Governor Michelle Lujan Grisham’s successful reelection campaign.

REPUBLICAN BROOK BASAAN, DISTRICT 4

Republican Brook Bassan is the District 4 City Councilor and she is serving her first 4 year term on the city council. In 2017 Republican Brook Bassan was elected to replace retiring 4 term Republican City Councilor Brad Winter. The major borders of District 4 are generally Montano/Montgomery on the South, Tramway on the North, Academy/Ventura/Holbrook on the East and Edith on the West.  Basaans’ City Council District 4 is a decidedly White Majority District  with a  47.8%  White population and a 37.7% Hispanic  population.  

It was in June  of this year that  Brook Bassan became embroiled in controversy when she supported and was the chief advocate and sponsor for  “Safe Outdoor Spaces” amendment to the Integrated Development Ordnance (IDO) that now permit 2 homeless encampments in all 9 city council districts. Safe Outdoor Spaces are city sanctioned homeless encampments designed to have  40 designated spaces for tents  allowing  upwards of 50 people, requires hand washing stations, toilets and showers, require a management plan, 6 foot fencing and require social services offered. Bassan introduced legislation to place a moratorium on the land use as well as a repeal of the land use, but the damage has been done with upwards of 6 applications for Safe Outdoor Spaces made with 3 approved and with one appealed.

https://www.abqjournal.com/2553183/new-albuquerque-city-council-boundaries-take-effect-ex-downtownbase.html

COMMENTARY AND ANALYSIS

With 6 White City Councilors and Mayor and with only 2 Hispanic City Councilors in a Hispanic majority city, City Government is not even close to being representative  of the City’s  rich cultural diversity and history.

The 2023 municipal election will indeed give voters a real opportunity to select upwards of 4 new city councilors that could dramatically change the direction of the city policy as well as the balance of power.

The city is at a crossroads and with any luck more Hispanic or minority citizens who are truly concerned about the direction of the city will step up to the plate and run for City Council and provide real choices and solutions to the city’s problems.

It was on November 14, 2014 that the City of Albuquerque, the Albuquerque Police Department (APD)  and the United State Department of Justice (DOJ) entered into a stipulated Court Approved Settlement Agreement (CASA) after the DOJ  completed an 18^th month investigation of APD.  The DOJ found that APD had engaged in a pattern of excessive use of force and deadly force and that a “culture of aggression” existed within APD. The Court Approved Settlement Agreement mandates 271 police reforms, the appointment of a Federal Monitor and the filing of Independent Monitor’s reports (IMRs) on APD’s progress implementing the reforms.

On November 9, 2022, Federal Court Appointed Independent Monitor James Ginger filed his 16th Report on APD’s Compliance Levels with the settlement. The 16th reporting period  covers the time period of February 1, 2022, through July 31, 2022. The link to review the entire 16th Federal Monitors report is here:

https://www.cabq.gov/police/documents/959-221109-imr-16.pdf

HEARING HELD ON 16^TH FEDERAL MONITOR’S REPORT

On December 6, Federal District Court James Browning, who oversees the settlement, held an all-day remote  hearing  to review the report.   The Federal Monitor reported that as of the end of the IMR-16 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100% (No change)
Secondary Compliance: 99% (No change)
Operational Compliance: 80%. (10% increase from 70%)

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

During the December 6 hearing, Federal Monitor James Ginger reported that APD continues to make impressive gains in the compliance levels over the past year.  This is a complete reversal of  the downward trend found and reported in 3 previous monitor’s  reports. It was also reported that the City, APD and the  DOJ finally executed the stipulated order whereby the city will be allowed to self-monitor and self-assess upwards of 25%  of the 271 mandated reforms of the CASA.  It was also reported that the Internal Affairs Force Division (IAFD)  is meeting the mandatory deadlines in its investigations, and that the most recent use of force report found uses of force have decreased by more than 30% over the past 2 years.

CIVILIAN POLICE OVERSIGHT AGENCY REPORTED IN TURMOIL

During the December 6 hearing  it was revealed that the Civilian Police Oversight Agency  (CPOA) newly-appointed executive director Dierdre Ewing’ has resigned effective December 9.   She  was confirmed for the position by the City Council just 6 months ago to replace Interim Executive Director Diane McDermott who had replaced Ed Harness, the first CPOA Executive Director.  The creation of the CPOA was a settlement mandated reform and its purpose is to oversee APD and  to watch for police  misconduct, including excessive force.

The CPOA has been in turmoil the past few years  with the loss of Executive Directors  and  5 board member resignations out of  a board of 9.  Dan Giaquinto, a member of the monitoring team, said the office had to act quickly to “reverse the downward trajectory” of civilian oversight in Albuquerque by fully staffing the agency and board.  Giaquinto told Judge Browning:

“As APD marches towards compliance, CPOA must march in the same direction. … They really need to do it now.”

CPOA board chair Patricia French said the CPOA board is moving forward in a positive manner and said its members are committed to its mission. She reported that 7 of 9 board positions have been filled and she told Judge Browning this:

“During the short time that [Executive Director Dierdre Ewing has]   been with us, I will say that she’s been responsive to the board. … She has helped us move forward in an effective and efficient manner in our serious use of force and officer involved cases.”

SPIKE IN APD OFFICER INVOLVED SHOOTINGS DOMINATES HEARING

Although it was reported during court hearing that APD is making  gains in in implementing the reforms, it was also reported that there have been more APD police officer shootings in 2022  than during any other year before.  In 2022, there have so far been 18 APD Police Officer involved shootings,10 of which were fatal.  In 2021 there were 10, four of which were fatal.

A review of shootings by APD police officers  between 2018 and 2022 identified three common circumstances:

1. When officers are attempting to apprehend violent suspects;
2. When individuals are experiencing some kind of mental health episode;
3. When people with little criminal history are under the influence of drugs or alcohol and make bad decisions.

Albuquerque Police Department released data  that shows  there have been 54 police shootings dating back to 2018. Of the cases reviewed, 85% involved people who were armed with a gun or a weapon that appeared to be a firearm.  About 55% of the cases involved people under the influence of drugs or alcohol, while only 2  cases in which intoxication did not play a role. Without toxicology tests, it was unknown whether drugs or alcohol played a role in the remainder of the cases.  Statewide, authorities said the number of shootings in which officers opened fire stands at 50 for the year.

Barron Jones, a member of APD Forward and a senior policy strategist with the American Civil Liberties Union in New Mexico, said that more  transparency is needed to better understand what, if anything, could be done to prevent shooting deaths at the hands of officers. Jones also said that  recent cases underscore the need for a statewide use-of-force policy that includes clear, consistent protocols for deescalating interactions with the public “to avoid these kinds of tragic incidents.”

The link to the quoted news source article is here:

https://abcnews.go.com/US/wireStory/albuquerque-marks-record-number-police-shootings-2022-93084096

The last two years have also been two very violent years in the city.  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 115 homicides as of  December 3, 2022. 

The spike  in APD police shooting includes the years when the DOJ  found that APD had a pattern of excessive use of force and deadly force with a finding of a culture of aggression.  The increase in APD police officer shootings overshadowed the report on APD’s progress with the reforms and dominated the day long hearing.

Alexander Uballez, the U.S. Attorney for the District of New Mexico, said this about the shootings:

“[My job]  will not be complete until there’s a substantial reduction in police shootings and fatalities.”

Paul Killebrew, the deputy chief of the DOJ’s Civil Rights Division, acknowledged the frustrations.  He said that the DOJ wants to see how the city, APD,  the Civilian Police Oversight Agency, the Mental Health Response Advisory Committee, and the Force Review Board  respond to the spike.   Killebrew said this:

“The increase in officer involved shootings is unacceptable. … You see a spike in officer involved shootings and it feels like we’ve set back the clock by 10 years. … It’s clear from what we’ve heard today that it is inconsistent with the community’s values. … So we need to see action from the Albuquerque Police Department and from the groups [responsible to oversee APD] . From where we sit this is an ongoing crisis. This is an ongoing problem.”

APD Forward includes upwards of 20 organizations who have affiliated with each other in an effort to reform APD and implement the DOJ consent decree terms and reforms. Daniel Williams of APD Forward told Judge Browning that members of his group had been hoping to hear “concrete actionable steps that the city has taken” to address the increase in shootings by officers but were disappointed.

Taylor Rahn, an attorney on contract with the city to assist with implementation of the CASA, urged the court and the public to wait before passing judgment and said this:

“We recognize that concerns about the number of individuals who are suffering from some type of mental health issue during the use of force encounter is a pattern that the community is concerned about… The city will not jump to any conclusions and will allow all of the processes that are in place for independent review of individual incidents, officers and patterns to run their course.”

Over the past 18 months, 2 of the shootings have resulted in an officer being fired for violating APD policies.

Police Chief Harold Medina pointed out that the settlement agreement is meant to assess whether policies are in place to reduce an officer’s likelihood of using deadly force, whether officers are trained in those policies and whether they are being held accountable when they violate them.  Medina told the court:

“We will never 100% take out human errors, and we will always have officer misconduct. … This process was started for us to identify the officer misconduct and address the misconduct. … I don’t know if there’s ever been a period of time before in the Albuquerque Police Department when individuals were held as accountable. We will continue to hold individuals accountable. We will continue to monitor our policies. We will continue to monitor our training.”

Chief Medina told Judge Browning he has asked the executive staff and academy directors to see if there are missed opportunities for trainings or other tactics that could be used instead of deadly force.

The link to quoted news source material is here:

https://www.abqjournal.com/2555721/rise-in-police-shootings-worry-apd-reformers.html

COMMENTARY AND ANALYSIS

There is no doubt that the community should be absolutely alarmed over the fact that there has been a spike in police officer involved shootings given the fact such shootings, and accompanying litigation and judgements against the city, is what brought the Department of Justice to the City in 2013 in the first plac. When it comes to APD Police Officer Involved shootings, history is repeating itself despite millions spent and implementation of the settlement reforms.

What is equally alarming is the city for the last 5 years has broken the record of number of homicides each year.  Crime rates in the city are also 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.  All residents are at increased risk of experiencing aggravated robbery, auto theft, and petty theft.  The chances of becoming a victim of property crime in Albuquerque are 1 in 20, an alarmingly high statistic. Simple assault, aggravated assault, auto theft, and larceny are just some of the most common criminal offenses in Albuquerque. Burglary and sex offense rates In Albuquerque are also higher than the national average.

https://www.volunteerworld.com/en/review/travellers-worldwide

It’s because of the city’s overall crime rates that no one should be surprised that there have been more police officer involved shootings this past year.  The reality is that the city can expect the trend of police officer involve shootings to continue even if APD achieves 100% compliance of all 271 mandated police reforms under the settlement.