City Council Fails To Override Keller Veto Of Its Diversion of $1.25 Million Designated For Safe Outdoor Spaces; Appeals And Total Repeal Still Pending; Mayor Keller And 4 City Counselors Could Not Careless As They Force SOS Down Public’s Throats

On October 3, the seemingly never-ending saga of Safe Outdoor Spaces continued at city hall when the Albuquerque City Council failed to override Mayor Tim Keller’s veto of the City Council’s attempted diversion of $1.25 million in funding for the operation of Safe Outdoor Spaces (SOS).  It was on September 12, that Mayor Tim Keller vetoed the city council measure that reallocated $1.25 million that was originally designated for Safe Outdoor Spaces.   The bill, which passed on a 5-4 vote, was sponsored by Republican City Councilor Dan Lewis with the funding reallocated to the city’s Gateway Center Shelter for services supporting homeless veterans.

“Safe Outdoor Space” is a lot, or a portion of a lot, developed to provide designated spaces for occupancy with tents by the homeless or to park overnight vehicles used by the homeless.  The Integrated Development Ordinance (IDO) limits Safe Outdoor Space camps to 40 spots for tents and a total of 50 residents and makes them a temporary use.

It was on September 6 the City Council voted on a 5-4  and failed to override a Keller veto of  a 1-year moratorium on SOS homeless encampments.  At the same meeting,  City Councilor Dan Lewis sponsored the legislation to withdraw the city funding to operate them and divert the funding to existing homeless shelters to assist veterans.

Both times the city council failed to override Keller’s veto on a 5-4  because it did  not have  the necessary 6 votes to override his veto. Democrats Isaac Benton, Pat Davis, Tammy Fiebelsorn and Republican Trudy Jones voted  NO and Democrats Klarissa Pena, Louie Sanchez and Republicans Brook Bassan, Dan Lewis, Renee Grout voting YES to override the veto.

Links to news sources are here:

https://www.koat.com/article/albuquerque-council-funding-safe-outdoor-spaces/41507742

https://www.kob.com/new-mexico/albuquerque-city-councilors-fail-to-override-veto-to-reallocate-funding-for-safe-outdoor-spaces/

https://www.abqjournal.com/2537490/keller-wins-battle-over-safe-outdoor-spaces.html

APPEALS OF CITY APPROVED SAFE OUTDOOR SPACE STILL PENDING

It was on August 8, that the City Planning Department approved the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE, at  Menaul and Interstate 25.  The homeless tent camp will be for 40 woman who have been “victims of sex trafficking”.   

The Dawn Legacy Point Safe Outdoor Space was appealed by the following neighborhood association and businesses:

Santa Barbara Martineztown Neighborhood Association

Albuquerque Boca Hotel Limited Partnership dba Crown Plaza Albuquerque

Greater ABQ Hotel & Lodging Association

The Stronghurst Improvement Association

LifeRoots Inc.

Menaul School

The Reule LLC (Robert D Reule)

On September 28, 2022, an all-day hearing occurred on the appeals before a Land Use Hearing Officer. Each of the appellants cases were presented separately and consecutively with sworn testimony and evidence presented.

The main arguments made in opposition to the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite for victims of sex trafficking were as follows:

 

  1. The application was “fast tracked” by the Planning Department to approve the application 8 days before the City Council repealed the Safe Outdoor Spaces zoning use on Aug. 16. 

 

  1. The city failed to give legally required notice of the application to surrounding property owners and the neighborhood and failed to allow those property owners to give input and voice their opposition on how the neighborhood will be detrimentally affected. The hearing officer indicated in no uncertain terms that the city failed to give notice to adjoining property owners by failing to exclude “rights of way” (i.e, bordering streets and the freeway) to establish that a party had standing to appeal by being within 100 feet of the proposed encampment. The failure to give legal notice will likely result in litigation against the city.

 

  1. The Planning Department unilaterally approved the application behind closed doors without notice to neighborhood associations or businesses or public hearing or input.

 

  1. The city gave preferential treatment to the applicants, working with them to identify city-owned property to be used and with the city agreeing to fund operating costs and not affording others the same opportunity.

 

  1. The security plan offered and approved by the city for the homeless camp is defective and insufficient for the campsite to ensure safety of the homeless and surrounding landowners and businesses.

 

  1. The operation of the encampment will have a detrimental impact on the Martineztown-Santa Barbara neighborhood and businesses located in the area.

 

  1. The homeless encampment will adversely affect and reduce property values and interfere with residents’ peaceful use and enjoyment of their properties. The neighborhood and businesses located in the area are already dealing with and suffering from the effects of the proliferation of homeless in the area which has contributed to the closure of businesses and lost revenues.  Occupants will not be confined during the day and will be free to go and come as they please and will wind up uninvited in the neighborhoods.

 

  1. The encampment will be a magnet for crime, prostitution or illicit drug trade. The location of 1250Menaul Blvd, NE for a city sanctioned homeless tent encampment for victims of sex trafficking will result in it becoming a magnet for crime, prostitution or illicit drug trade. It’s located in close proximity to a truck stop known amongst law enforcement for prostitution and illicit drug activity.  It’s directly across the street from a major call center, a motel suite and is walking distance of Menaul Boarding School and apartments. Occupants of the ‘Safe Outdoor Space’ will not confined and would be free to go and come as they pleased and could easily wind up uninvited wherever they want to go. This includes the truck stop and disrupting the peaceful use and enjoyment at nearby locations or engaging in illicit activity.

At the conclusion of the September 28 hearing, the hearing officer announced his intent to take the full 15 days to render a decision which then can be appealed to the City Council that has the ultimate authority to make land use decision. Mayor Keller will not have veto power over the decision.

EPC VOTES TO RECOMMEND TOTAL REPEAL OF SAFE OUTDOOR SPACE

It was on June 22 that legislation was introduced by city Councilor Brook Bassan at city council to repeal and to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO) after she originally voted to support the land use.  The repeal legislation was referred to the Environmental Planning Commision (EPC) for a full hearing and to make finds and recommendations.

On   September 15, the EPC voted to recommend a “Do Pass” recommendation to eliminate “Safe Outdoor Spaces” from the Integrated Development Ordinance (IDO).  The vote and the recommendations were to delete all references of Safe Outdoor Spaces in the IDO effectively outlawing the conditional land use anywhere in the city.

During the September EPC hearing, the main arguments made by those opposed to Safe Outdoor Spaces include 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 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.

7. 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.

At the conclusion of the September 15 EPC hearing, the EPC adopted upwards of 4 pages of very detail findings citing specific provisions of the IDO supporting their ruling to recommend the elimination of Safe Outdoor Spaces from the IDO.  Those finding outlined the provisions of the IDO that Safe Outdoor Spaces violate.  The specific findings of the EPC supporting the deletion of Safe Outdoor Spaces from the IDO are as follows:

“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.”

“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.” 

“The request to remove SOS 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.”

“The request to remove SOS from the IDO 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.”

“SOS 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.”

 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.”

“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.”

The EPC recommendation will  be referred to the City Council Land Use and Zoning Committee (LUPZ) for further hearings and ultimately the legislation will be presented for a vote to the full City Council.  It is the City Council that has the ultimate and final authority over land use issues.

 COMMENTARY AND ANALYSIS

There is, prolonged political battle being waged between the city’s elected officials and a hostile general public that centers upon “Safe Outdoor Spaces” which are city sanctioned tent encampments for the homeless. On one side of the contentious dispute are Mayor Tim Keller and City Councilors Isaac Benton, Pat Davis, Tammy Fiebelcorn and Trudy Jones and Keller’s City Departments who are determined to have “Safe Outdoor Spaces” (SOS).  They are determined to force the land use down the public’s  throats without public input and contrary to hostile public opposition.

On the other is the general public who by have very legitimate concerns that the tent encampments will be magnets for crime, such was Coronado Park, and be allowed to fester.  This is not an issue of “not in my back yard”, but one of hostility, mistrust and failed communications by elected officials and city departments who are viewed as mishandling the city’s homeless crisis. The general public is extremely hostile to the temporary tent encampments, yet the mayor and city councilors simply ignore them.

Mayor Tim Keller vetoed a 1-year moratorium on SOS an vetoed the council’s diversion of $1.25 million originally designated for homeless encampments.  The city council failed to override both vetoes not having 6 votes because of Benton, Davis, Fiebelcorn and Jones. On September 25, the City Environmental Planning Commission voted to Eliminate SOS from the Integrated Development Ordinance effectively outlawing the conditional land use anywhere in the city.   The legislation will be forwarded to the City Council where it will likely pass on a 5-4 vote.  Mayor Keller is expected to veto the ban.  The City Council is expected to fail again to override the veto with a 6-3 vote with Trudy Jones being the swing vote as she was when she change her mind to support SOS.

The City’s nuisance abatement ordinance defines nuisance in terms of real property stating “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.] … It shall be unlawful for any owner, manager, tenant, lessee, occupant …  in real property … to intentionally, knowingly, recklessly, or negligently … promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using the … property . … “

Safe Outdoor Spaces violate the city’s “housing first” policy jeopardizing millions of dollars in federal funding offering tent encampments to the homeless. In the fiscal year 2021 the city spent $40 million and in the 2022 is spending another $60 million to assist the homeless. Given the millions spent, SOS are not needed.

Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

APD External Force Investigation Team Files Fourth Quarterly Report; Oct. 5 Hearing Scheduled; DOJ Agrees To Allow APD To Self-Monitor One Third Of CASA Reforms

On February 26, 2021, the United States District Court for the District of New Mexico granted a joint motion filed by the United States Department of Justice (“DOJ”) and the City of Albuquerque (“City”) with the concurrence of the Independent Monitor (“IM”) by entering a Stipulated Order Establishing an External Force Investigation Team (EFIT).  The EFIT is an outside team of experts that investigates APD officer involved “Use of Force” cases.

The External Force Investigation Team was created when the Federal Monitor found that APD intentionally did not investigate 667 of use of force cases.  A Court Order was agreed to by the city to establish the EFIT and its mission after the DOJ made it know it was prepared to seek contempt of court for willful violation of the Court Approved Settlement Agreement (CASA) and seek sanctions against the city.

HOW EFIT WORKS

EFIT is on call 24/7 and must respond to all call outs within one hour of notification. All Use of Force (“UOF”) investigations must be completed within 60 days with an additional 30-day supervisory review period for a total of 90 days from start to finish.  EFIT must conduct joint investigations with APD Internal Affairs Force Division (“IAFD”) of all Level 2 and Level 3 Use of Force incidents.   The joint investigations include all Tactical Deployments where Use of Force is utilized. EFIT must also assist APD with training concerning the UOF. The EFIT Executive Team worked with APD IAFD to establish a detailed IA Investigative Process Narrative that governs the response protocols to any Level 2 and 3 UOF cases.

On March 21, 2022, an Amended Stipulated Order Establishing the EFIT was agreed to by the parties. The Amended Stipulated Order modifies the EFIT in two ways:

First it requires the EFIT to investigate all use-of-force incidents occurring between January 1, 2020, through July 16, 2021, that APD did not investigate, in full or in part, in violation of the Court Approved Settlement Agreement (“CASA”)

Second it extends by 24 months, from May 2022 through May 2024, the period during which the City shall continue to engage EFIT to assist IAFD to investigate new Level 2 and Level 3 use-of-force incidents

SECOND EFFIT TEAM CREATED, STAUS OF BACKLOG

Pursuant to an  Amended Stipulated Order the City drafted a contract for EFIT to establish a secondary team (“EFIT 2”) to investigate and address a  667 backlog of cases. The EFIT 2 Team is now fully operational and has established an approved methodology and commenced investigating and closing the backlog cases. Following is the status of those cases:

Total Backlog: 667

Cases Assigned to EFIT Investigators: 43

12 UOF Investigations Previously Completed by IAFD Assigned to EFIT:  12

Sub-Total: 52

12 UOF Investigations Previously Completed by IAFD Closed by EFIT:  12

EFIT Investigators – UOF Investigations Closed 14

Total Completed:  27

Investigations Pending:  640

External Force Investigation Team Fourth Quarterly Report, page 41.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

 MAJOR HIGHLIGHTS OF EFIT FOURTH QUARTERLY REPORT

On August 23, the External Force Investigation Team (EFIT’S) filed its fourth quarterly report for the time period of April 22, 2022, August 5, 2022. The document is 45 pages long with the link to the document here:

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

EDITOR’S NOTE: This blog article concentrates on the statistical information contained in the report and does not report on the management issues and decisions made.

 STATISTICS CITED

The External Force Investigation Team   fourth quarterly report provides a table outlining the number of Use of Force cases investigated, time taken to complete the investigation, including supervisory review, and the percentages where the investigation were found out of compliance.  Following is the data gleaned from the table for each time period:

From October 1, 2021 to Dec 31, 2021 there were 111 use of force cases taking an average of 55.35 days to investigate, 24.94 days for supervisor review, for a total of 88.37 days to investigate and close, with 27.02% found out of compliance and 9.90% out of APD Use of Force Policy.

From January 1, 2022 to March 31, 20222022 there were 103 use of force cases taking an average of 53.63 days to investigate, 18.71 days for supervisor review, for a total of 87.88 days to investigate and close with 60.19% found out of compliance and  7.76% out of APD Use of Force Policy.

From April 1, 2022 to June 30, 2022 there were 103 use of force cases taking 53.03 days to investigate, 16.02 days for supervisor review, for a total of an average of  85.39  days to investigate and close with 22.33% out of compliance and 5.82% out of APD Use of Force Policy.

From July 1, 2022, to August 18, 2022 there were 55 use of force cases closed taking an average of 51.13 days to investigate, 18.26 days for supervisor review, for a total of 86.67 days to investigate and close with 14.54% out of compliance and 5.54% out of APD Use of Force Policy.

External Force Investigation Team Fourth Quarterly Report, page 21.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

During the quarterly reporting period of April 22, 2022 to August 5, 2022, APD experienced 4 Officer Involved Shooting incidents, 2 accidental discharges in addition to 15 tactical activations, 3 use of K9 , 22 use of a tazer, and 12 involving an impact weapon. EFIT previously identified numerous issues regarding these cases. Specifically, during this most recent quarter, EFIT observed and/or discovered that IAFD made a noticeable improvement with the way IAFD is handling Officer Involved Shootings and other complex investigations.

As of 4th quarterly report, 26 out of the 361 or 7.20% of the Use of Force investigations closed by the External Force Investigation Team (EFIT) and the Internal Affairs Force Division (IAFD) were found to be not within the APD Use of Force policies.  This is a reduction from the 9.17% reported in the previous quarterly report.

Most significantly, 121 out of the 361 or 33.51% of the UOF investigations closed by EFIT/IAFD were out of compliance when evaluated against the Process Narrative utilized to assess investigations.  This is a reduction from 44.45% reported in the previous quarterly report. While this is still an obvious concern for IAFD EFIT, the EFIT was  very encouraged by the approximately 11-point reduction.

As August 5, 2022, EFIT/IAFD responded to, and are investigating, a total of 502 Use of Force incidents. These investigations were completed on an average of 53.84 days. In addition, 361 Use of Force investigations were closed, 26 averaging a total of 87.10 days for closure. The 502  UOF incidents to included 15 Officer Involved Shootings (“OIS”) and 3 referrals to the Multi-Agency Task Force (“MATF”) with 9 for potential criminal violations. EFIT/IAFD completed 361 investigations all within the 90-day time period outlined in the Amended Stipulated Order.

Although there has been improvement with the time in completing the investigations, EFIT remained concerned that these averages are too close to the maximum range and remain too high if EFIT is to complete its Court ordered mandate. Supervisor reviews remain at an average of 20.81 days. Of the UOF cases closed (361), 26 UOF cases were out of APD Policy, or 7.20%, 28 and 121 of the 361 investigations or 33.51% failed to comply with the Process Narrative.

Since its inception, EFIT assumed 13 UOF investigations, but only 2 during the current reporting period as those investigations became close to violating the stipulated timelines but assumed only one case during this reporting period.

The EFIT noted and reported that it witnessed a marked improvement in the workings of IAFD.  According to the EFIT, while there remains a great deal of work to be done, the tone and tenor within IAFD has improved substantially in this reporting period.

The EFIT also noted previous concerns regarding supervision and sustainability. It appears that APD is taking this issue seriously and EFIT welcomed the addition of Commander Scott Norris to head the IAFD Department. According to the report, the EFIT is working closely with Commander Norris.

The EFIT reported that the intention of the report is to provide the Court with a better understanding of the successes, recommendations and the failures of APD, particularly IAFD.  To quote the report “It is EFIT’s goal to teach, mentor and professionalize IAFD so that when EFIT’s assignment is completed, EFIT leaves the City with a sustainable division that investigates UOF incidents in a timely and professional manner.”

STAFFING

 As of August 5, 2022, the Internal Affairs Force Division (IAFD) must be staffed with 25 Detectives/Investigators. Currently IAFD has 15 civilian Investigators and 14 Detectives.  However, it is anticipated that by the end of the current year, IAFD may lose several of the most experienced personnel due to retirements, promotions, and Officers requesting transfers to field divisions and specialized field units.

The APD Chief authorized the staffing of IAFD to be increased in anticipation of the expected loss of an additional 7 sworn personnel. While these staffing levels must be maintained under the Amended Stipulated Court Order, EFIT  continue to express concern that these numbers tend to fluctuate and retention of both sworn and civilian personnel is a constant concern as IAFD moves extremely close to falling below required staffing levels.

As of August 5, 2022, IAFD is currently staffed as follows:

11 Sworn fully trained.

2 Sworn on leave (counted in the 11 above)

2 Sworn in PRU31 (not counted of the 11 above)

1 Sworn Vacancy

10 Civilian Investigators fully trained

1 Civilian Investigator in training

1 Civilian Investigator on leave

1 Civilian working on FRB preparation work (not counted in the 10 above);

4 Sergeants.

1 PRU Sergeant.

2 Acting Sergeants.

0 Lieutenants.

1 Acting Lieutenant

2 Deputy Commanders

2 Acting Deputy Commanders.

4 Support personnel.

The IAFD was authorized to hire 7 civilian investigators. 3 have a hire date and one is pending a hire date; thus, 4 are pending.

External Force Investigation Team Fourth Quarterly Report, page 33.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

COURT HEARING SCHEDULED

A Federal Court “Status Conference” hearing on the fourth External Force Investigation Team report is scheduled for Wednesday, October 5, 2022, beginning at 1:30 pm in  the Vermejo Courtroom, on the fourth floor of the Federal Courthouse in downtown Albuquerque, 333 Lomas Blvd., NW, between 3rd and 4th Streets, NW.  The hearing is open to the public.  You can also attend the status conference by Zoom Video by sending  an  email with your full name and email address to Ms. Annamarie Maresca, the Paralegal Specialist who works with the DOJ team on this case, at Annamarie.Maresca@usdoj.gov by noon on Monday, October 3, 2022.

EFIT’s next quarterly report will be filed with the Court on November 16, 2022.  It will to will contain an analysis of issues based on the findings of both APD and the Use of Force compliance unit and case investigative compliance.

15TH FEDERAL MONITOR’S REPORT ON APD REFORM COMPLIANCE

On May 11, Federal Court Appointed Independent Monitor James Ginger filed his 15th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 15th Federal Monitors report is a 332-page report that covers the 6-month time frame of August, 2021 to January, 2022. The link to review the entire report is here:

https://www.cabq.gov/police/documents/910-220511-imr-15.pdf

The Federal Monitor reported that as of the end of the IMR-15 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100%
Secondary Compliance: 99%
Operational Compliance: 70%

These are the highest compliance level numbers since the Court Approved Settlement agreement was entered into in 2014. The 15th Federal Monitors report is also a dramatic reversal from the past 3 monitor reports that were highly critical of the Keller Administration and the Albuquerque Police Department.

The Federal Monitor Ginger said that the quality of writing and accuracy of investigations of police use of force cases has improved greatly since the creation of the External Force Investigation Team which has streamlined reviews of use of force and investigations by upper-level staff.

The Federal Monitor said this in his 15th report about EFIT:

“… optimism should be tempered by recognition of administrative and cultural obstacles that persist. … Eventually, EFIT will pass oversight responsibilities back to APD, which will test APD’s ability to sustain the obvious progress made with day-to-day external oversight.”

The link to quoted news source material is here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

DEPARTMENT OF JUSTICE AGREES TO ALLOW APD TO SELF MONITOR

On September 15, 2022 it was reported that the Albuquerque Police Department and the U.S. Department of Justice (DOJ) have formalized and agreement that will allow APD to oversee police reform mandated on their own. The DOJ has been monitoring those efforts since 2014 after a DOJ investigation found a pattern of excessive force and deadly force and a “culture of aggression” within APD, especially when dealing with the mentally ill.   Over the summer, the City and the DOJ had reached the agreement, but APD needed time for formulate and implementation plan of how it would work. The partis filed the joint notice and a 47-page plan in federal court on September 15.

The Federal Court Approved Settlement (CASA) has 276 paragraphs, each detailing different areas and mandating reforms.  The APD and the DOJ formalized self-reporting agreement covers 61 of the 277 total paragraphs in the CASA or nearly a quarter of the oversight requirements.  Federal Independent Monitor James Ginger will continue to assess some aspects of APD’s progress, but many aspects will now be under APD’s own oversight, essentially loosening the grip the U.S. Department of Justice

According to the Federal Monitor’s reports, APD has maintained compliance in several areas for the last few years. APD will now assume self-monitoring in the following areas of the Court Approved Settlement Agreement (CASA):

  • The Multi-Agency Task Force used to investigate police shootings
  • Specialized Units like the SWAT team
  • The Behavioral Sciences Section.   This will involve APD coordinating with the Mental Health Response Advisory Committee to develop crisis intervention training. APD will look at the current training plans for crisis intervention procedures and report meeting minutes with the Mental Health Response Advisory Committee.
  • The Field Training and Evaluation Program which includes recruiting, hiring and promotions
  • Public Information process on Civilian Complaints
  • Staffing, including a required staffing study
  • Recruitment and Hiring
  • Performance Evaluations and Promotions
  • Officer Assistance and Support

Some of the measures are considered “quantitative in nature” and can be measured in numbers. Other measures of compliance are “qualitative” such as APD recruits having a way to provide feedback during field training with APD relying on recruit critiques to assess progress.

REACTION TO SELF MONITORING AGREEMENT

The City and the DOJ were quick to react to the agreement.

Mayor Tim Keller had this to say:

“This agreement marks a huge milestone for our police department and our city and should be noticed as a significant accomplishment in the reform process. …  As this process has not been easy for our officers, we did not give up on getting through the challenges and have done so in a way that is sustainable for our police department and its dedicated staff.”

U.S. Attorney Alexander Uballez for the District of New Mexico also commended the work APD has done and said this

“Successful self-assessment is the cornerstone of true reform, and the Albuquerque community should expect no less … Together, we will realize the goals set out by this community, through mutual agreement, seven years ago.”

APD Chief Harold Medina for his part had this to say:

“I am pleased we have finally found a light at the end of the tunnel in the reform process. … We overcame many challenges to get to this point. I appreciate the acknowledgement from the DOJ of our progress and our commitment to reform at APD.”

Links to quoted news sources are here:

https://www.kob.com/new-mexico/apd-doj-formalize-agreement-to-self-monitor/

What’s next for Albuquerque police after DOJ ‘loosens grip’ on oversight? (krqe.com)

https://www.abqjournal.com/2532494/apd-doj-formalize-agreement-to-self-monitor-some-reform-requirements.html

COMMENTARY AND ANALYSIS

It is disappointing that only 43 of the 667 backlog of cases have been resolved with 640 remaining.  With the passage of time, those investigations become far more difficult, and no disciplinary action can be taken leading to the questioning if anything substantive will actually be accomplished with APD and its reform efforts other than carrying out a demand that the DOJ has made?

Notwithstanding, significant progress has been reported in the   EFIT  Fourth  Quarterly report.  With APD assuming self-monitoring in one third of the court order reforms, and after over 7 years of implementing the mandating DOJ reforms, and millions spent on training, APD appears to have finally turned the corner on implementing the 271 mandated reforms. APD Chief Harold Medina’s goal to attain full compliance within two years commendable, but in reality, means the public needs to brace itself for the DOJ being around for at least 4 more full years.

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), 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. Primary Compliance is now at 100%, Secondary Compliance is now at 99% and Operational Compliance is now 70%. The problem is APD also has a history of improving compliance levels taking major steps forward only for it return to previous lower levels.

 

Clash In Governor’s Race First Debate Ends With No Gaffs, No Clear Winner; Childish Mockery By Ronchetti Noted

The first debate between Democrat Governor Michelle Lujan Grisham who is seeking a second term and TV Weatherman personality Republican Mark Ronchetti was billed by Channel 4 as an anticipated heated exchange, and the candidates did not disappoint. Libertarian Party candidate for Governor Karen Bedonie was not invited to debate.  The debate was moderated by Channel 4 reporters Tessa Mentus and Matt Grubs. Both candidates intensified their attacks on each other, sometimes getting very personal.

Recent polls show that Ronchetti is trailing in the race by between 4% and 7% with one poll suggesting that Governor Lujan Grisham has a 12% lead.  The polls also revealed that abortion, crime, the economy are the top 3 issues in the race.

It came as no surprise that Ronchetti, who spoke first, seized the chance to slam the Governor on New Mexico’s high violent crime rates and the shutdown of businesses and in-person schooling during the peak of the pandemic.

Lujan Grisham for her part stood her ground and pushed back sharply offering herself as battled-tested leader willing to make tough decisions in contrast to an opponent who’s never held office before and who has never had to make tough decisions in times of crisis.

DEBATE TOPICS

The debate itself covered a wide range of subjects including crime, abortion, the state’s education system, the economy, the judicial system and the pandemic.  Both stood their ground and exchange accusations and at times personal insults.

ABORTION

Abortion is considered the defining issue in the race.

In 2021, Lujan Grisham helped legislators repealed the dormant 1969 statute that had outlawed abortion procedures as felonies.  The 1969 criminal law could have been enforced following the Supreme Court decision overturning Roe v. Wade.

Lujan Grisham had this to say:

“If Mark Ronchetti was governor today, abortion would be illegal in the state of New Mexico. … Because I’m governor, abortion is legal in the state of New Mexico.   As long as I’m governor, a woman’s constitutional right to privacy to make her own highly, deeply personal decisions about her health care and her family’s will stay legal. … The fact that anyone should get to vote about my personal health care decision is quite frankly outrageous.”  

Ronchetti has insisted on the campaign trail that he would not seek to ban abortion entirely despite his personal anti-abortion views. Ronchetti is advocating for a ban on abortions after 15 weeks of pregnancy with exceptions for rape, incest and risk to the physical health of the mother proposing a statewide referendum on abortion restrictions.

“Everybody in the state of New Mexico should be able to vote on it and come up with something that fits our shared values.”

In mid-July, Mark Ronchetti’s promise on the campaign trail that he would not seek to ban abortion entirely was seriously discredited when Legacy Church Pastor Steve Smothermon told his Christian fundamentalist “mega church” congregation in a Sunday sermon that Ronchetti personally confessed to him in private that he made the promise only to get elected.  Smothermon was quoted as saying:

“[Mark Ronchetti] said, ‘listen, I just want to start with getting rid of partial birth abortion in the whole state’–which we should be happy with–and he said ‘but I can’t just go in and do it 100% because I won’t ever get elected.’ He said I just want to start but his goal would be to end abortion in New Mexico. Just so you know.”

Lujan Grisham for her part said in rebuttal that Ronchetti has shifted his positions on abortion “more than the weather changes right here in New Mexico.” Lujan Grisham also said no politician, no voter and no government has any right to tell a woman if she should have an abortion.

CRIME AND CRIMINAL JUSTICE

Ronchetti focused on New Mexico’s high violent crime rate pointing out that the state is second in the nation in 2020.  Ronchetti faulted the governor on crime and public safety. He accused the Governor of appointing judges who are “soft on crime” and made it more difficult to be a police officer. He accused her of not trying hard enough to secure legislative approval to revise the state’s bail system for criminal defendants.

Ronchetti said this:

We have soft-on-crime judges and we still have catch-and-release. … If you think the system is broken, she is the head of the system. … There has to be a change here — she hasn’t taken crime seriously.”

Lujan immediately shot back suggesting Ronchetti has only superficial plans for tackling complex problems and said this:

“Bold words from someone who’s never even been to a legislative session.”

Ronchetti ridiculed the governor as out of step with the struggles of ordinary New Mexicans and acted with sarcastic faux indignation at the idea that he had not spent time at the Capitol to understand New Mexico’s problems. Ronchetti said this:

Are you kidding me? Everybody in Albuquerque lives it. We live it — we live the crime everyday. … You don’t have to go to the Roundhouse.”

A voter-approved constitutional amendment in 2016 made it harder to deny bail while defendants await trial.   Lujan Grisham did attempt to make changes to the law of pretrial detention, but the legislature failed to adopt a “presumption of being violent” standard to hold defendant charged with a violent crime in jail pending trial.

Governor Lujan Grisham was also critical of the state’s bail system but also pointed to accomplishments that will improve the judicial system.  She noted that she signed legislation that boosts retention pay for municipal police and sheriff’s deputies, bestows million-dollar death benefits for relatives of police killed in the line of duty and expanded intervention programs to rein in gun violence. Lujan Grisham had this to say:

“We’re giving our police officers the raises and dignity they deserve, the professional development training, the tools to keep them safe, the equipment and vehicles, a new crime lab.”

PUBLIC EDUCATION

When asked about education, both candidates agreed that smaller class sizes would help boost New Mexico student outcomes. Ronchetti focused on New Mexico’s dismal academic proficiency rates for students.

But neither Ronchetti nor Lujan Grisham laid out a plan to respond to the 2018 landmark public education court decision Martinez-Yazzie that found New Mexico was failing to meet its constitutional obligation to provide an adequate education to all students, particularly Native Americans and English-language learners.

Lujan Grisham urged the public to support her increase in new state spending in public education and college subsidies, arguing the small businesses crave a prepared workforce. Lujan Grisham said this:

“We’ve invested billions of dollars into public school classrooms and to the pay raises for teachers and to expanded pre-K and daycare and … tuition-free higher education for thousands of New Mexicans.  The seeds are planted. Positive change is truly our destiny.”

THE ECONOMY AND STATE REVENUES

Ronchetti repeatedly asked viewers if they thought they were better off amid pressures of inflation, and whether they could feel the effects of the governor’s programs. Ronchetti said this:

“Have you felt it in your bottom line? Do you look at things now and say, ‘yes, I can afford what I need to afford. … A lot of your programs are not making a difference for people on the ground.”

Lujan Grisham responded by noting her administration this year delivered tax cuts on sales and gross receipts, along with tax rebates of up to $1,500 per household, touting her ability to work with a Democrat-led Legislature. Lujan Grisham said this:

“He says he proposes it, I already did it.”

On the issue of the state’s projected $2.5 billion in “new” revenue for the coming budget year, Lujan Grisham attributed the windfall to her administration’s efforts on the economy and she said this:

“These record revenues are because our economic policies worked.”

However, legislative economists have said that roughly two-thirds of the projected revenue growth is expected to come directly from oil and natural gas receipts.

THE PANDEMIC

As expected, Ronchetti took issue with the Governor’s handling of the pandemic with business closures and school closings saying how it damaged the state’s economy and education system. However, Ronchetti failed to elaborate on exactly what he would have done differently.

Lujan Grisham acknowledged the pain of the pandemic and state’s largest wildfire.  But she said her experienced as a leader was needed in the time of crisis and she said this:

“We’ve come a long way in four years. … As New Mexicans we’ve been through a lot. I remain steadfast in my optimism about what comes next.”

Links to quoted news source materials are here:

https://www.kob.com/new-mexico/recap-lujan-grisham-ronchetti-highlight-differences-in-kob-4-debate/

https://www.usnews.com/news/best-states/new-mexico/articles/2022-09-30/1st-debate-highlights-stakes-in-new-mexico-race-for-governor

https://www.abqjournal.com/2536902/gov-candidate-clash-in-testy-tv-debate.html

COMMENTARY AND ANALYSIS

Like it or not, physical appearances and mannerism do make an impression in live TV debates.

Not at all surprising is that Mark Ronchetti, a longtime TV personality and former meteorologist for KRQE Channel 13, looked comfortable on camera wearing a dark suit and tie that stood out which is in sharp contrast to the blue jeans and dress shirt he is known to wear on the campaign trail.  During the debate, he frequently came across as downright angry and his over pronunciation of words gritting of his teeth was annoying.  What was downright unprofessional was Ronchetti’s exaggerated, childish facial expressions he made to show his displeasure with the Governor and make a point when he did not like what the Governor was saying in response to questions.

Lujan Grisham, a former congresswoman with lengthy TV debate experience, for her part did a good job in pivoting from Ronchetti’s attacks and pitched her experience in office.  What was annoying is that she wore a light blue outfit that seem to have her blend into the TV backdrop as she was forced to speak around a TV microphone that obstructed a clear view of her.

Ultimately, there were no major gaffs by either candidate and the debate did not produce a clear winner.  Given the fact the debate occurred on a Friday night at 7:00 pm on Channel 4, the likely viewership was very low and had no impact on the race.  Las Cruces is not within Channel 4’s market media and therefore the residents of the state’s second largest city were unable to see the debate.

Absentee voting begins October 11.   Election Day is November 8.

Film Industry And Recreational Cannabis Industry Are State’s “First Step Industries” For Diversifying New Mexico’s Economy; Infrastructure Also Needed For Economy Diversification

New Mexico has been struggling for decades to diversify its economy, wean itself off of federal government spending and reducing its heavy reliance on the oil and gas industry where the state gets nearly 40% of its revenue from. When the oil and gas industry booms, New Mexico becomes flush with money and when it busts, the state revenues plummet causing financial crisis.

With $3.7 billion In Federal Infrastructure Investments and Jobs Act Funding, the allocation of $478 million in federal pandemic aid out of $1.1 Billion in pandemic relief and the $1.6 billion of projected windfall from oil an gas revenues, the state’ s decades long financial woes may finally be coming to an end.  Notwithstanding, the state is still too reliant on oil and gas revenues. For that reason, the next 4 years of government expenditure of billions may prove to be a once in a lifetime opportunity to diversify the state’s economy.

This blog article is an in-depth analysis on diversifying New Mexico’s economy over the next four years concentrating on the 10 industries that could accomplish that goal.

INDUSTRIES TO WATCH

There are 10 sectors or industries that have been that have the best shot at diversifying New Mexico’s economy. Those industries are:

Film & Television

Aerospace

Sustainable Energy

Intelligent Manufacturing

Cyber-Security

Outdoor Recreation

Value Added Agriculture

Global Trade

Bio-Sciences

Sustainable Energy

Intelligent Manufacturing

Recreational Cannabis And Hemp Industries

During the last 3 years, some significant progress has been made by the State in diversifying New Mexico’s economy in 7 of the 9 areas targeted by the state for economic development. The setbacks and the progress in those areas are worth noting:

FILM & TELEVISION

On July 29, it was reported that the New Mexico Film Office announced that 2022 has been a record setting year for TV shows and movies shot in New Mexico.  The film office also and it expects those numbers to keep going up, even as other states are beginning to offer the same type of incentives that New Mexico offers.  According the film office, the industry brought in $855 million this year.   This is a whopping increase of $228.9 million over fiscal year 2021.  This year alone, big productions like AMC’s “Better Call Saul,” Netflix’s “Stranger Things” and Focus Film “Vengeance” were all shot in New Mexico.  A record 109 different productions brought in a record total of $855 million of spending.

New Mexico’s film incentives is one of the major reasons for the increase. The state’s tax incentives include a 25% to 35% production tax credit for film, TV, commercials, documentaries, music videos, video games, animation, postproduction and more.

As New Mexico brings in more revenue from the film industry, 2 other states are trying to do the same.  Oklahoma passed a $30 million tax incentive to any films shot in their state and Arizona’s film incentives come in higher than New Mexico’s with a $125 million cap.  But offering tax incentives is not the only key to success.  The state’s film incentive is highly competitive, but it also hinges on hiring New Mexico residents and sourcing from New Mexico businesses.  A big asset for the state is the availability of a  highly skilled crew base.

https://www.kob.com/new-mexico/new-mexico-film-industry-sees-record-breaking-855m-in-spending/#:~:text=A%20record%20109%20different%20productions,a%20piece%20of%20the%20pie.

Governor Grisham had this to say:

“Another record year for film and television industry spending makes it as clear as ever that New Mexico is the place to be for film and TV [productions].  It’s no surprise that New Mexico cities continue to top the list of the best places to be a filmmaker — New Mexico is the place to be for film and TV. … Our work to support and expand New Mexico’s film infrastructure continues to yield real results: a booming industry that provides countless jobs and economic opportunity in communities across the state. Filmmakers take note — New Mexico wants you!”

Economic Development Department Secretary Alicia J. Keyes had this to say:

“New Mexico is now front and center for film and television production and that means jobs, private sector investment, job training, and economic growth for communities and small businesses across the entire state. ”

According to the State’s Economic Development Department, the most recent data also shows a record 22% increase of the number of industry worker hours in New Mexico from Fiscal Year 21 and a new high of 109 for total productions filmed in the state consisting of 55 film productions and 54 television productions.

For the last decade, Albuquerque and Santa Fe have been named by MovieMaker as top cities for film professionals to live and work. Albuquerque has held the No. 1 ranking for big cities for 4 consecutive years while Santa Fe has been in the top 5 for small cities and towns during the last decade.

FILM INCENTIVE CREDITS

In was in 2019 that Governor Lujan Grisham signed into law legislation that funded and  gave tax incentives to companies to collaborate with the state through partnership agreements.  The 2019 legislation raised  the 2011 cap on what the state could pay out to film and TV productions from $50 million to $110 million per year.  It also authorizing the spending of up to $225 million to pay down an accumulated backlog in film incentives.

The 2   biggest partnerships with a 10-year plan are with Netflix and NBC Universal. Both companies are required to work with the state to develop and strengthen workforce development and job training in order to get the film tax credits.

NETFLEX, NBCUNIVERSAL AND 828 PRODUCTIONS

Since the enactment of the film tax credits, Netflex and NBCUniversal have announce major projects and investment in the state.  Netflix announced a 300-acre expansion in the state with a commitment to spend another $1 billion over 10 years, doubling the company’s original commitment to the state.

NBCUniversal also opened a production facility in Albuquerque with a commitment to $500 million in direct production spending over the next 10 years and 330 full-time-equivalent jobs.

Bottom of Form

According to the New Mexico Department of Tax and Revenue, of the $100 million cap, the state has paid out $47.1 million.

828 PRODUCTIONS

On August 13, Governor Michelle Lujan Grisham announced that California-based 828 Productions is relocating  its headquarters to Las Cruces joining Netflix and NBCUniversal as film partners within the state.  828 Productions plans to invest $75 million to build a 300,000-square-foot studio and 20-acre back lot over the next six years, creating at least 100 high-paying jobs in Las Cruces.  828 Productions has purchased a 7,500-square-foot office building in downtown Las Cruces.  It will be used for training, post-production and visual effects work. It is also hiring for key positions.

828 Productions is a full-service film finance and production company.  Bottom of Form

828 Productions has finalized negotiations on an additional 35 acres of land in downtown Las Cruces, with existing structures that will provide soundstage and set construction space. The film company intends to shoot its first production in the new Las Cruces Studio before the end of 2022 and plans to spend $350 million on productions over the next decade.

The state will be giving $3 million to 828 Productions from the Local Economic Development Act (LEDA) job creation fund when the company meets its job target of at least 100 full-time year-round employees.  Las Cruces for its part is considering allocating $897,000 in local LEDA funding through capital appropriations.   Up to $2.8 million has been set aside by Las Cruces City Council specifically for cinematic infrastructure.  The funding is contingent upon the City Council approving and finalization of a project participation agreement. If approved, the city of Las Cruces would be the fiscal agent for the economic assistance.  Las Cruces has had a major bump in productions due to the rural uplift credit.

From July 2021 through May 2022, the area had 23 projects with a total of $7.9 million that went back into the local economy. In the previous fiscal year, there were nine productions. The number of productions matches the number of fiscal year 2019 for the Las Cruces area.

Governor Lujan Grisham had this to say about 828 Productions moving to New Mexico:

“New Mexico is seeing a record number of productions from the film and television industry and all-time high spending, and it’s no accident. …  Not only are we investing in studios like 828 Productions, we are expanding industry workforce training with a new film school in Albuquerque and Las Cruces.”

 Economic Development Department secretary Alicia J. Keyes had this to say:

“828 Studios chose Las Cruces because of Gov. Lujan Grisham’s commitment to film and television job growth. … This is an industry that is highly mobile and can locate anywhere. They are coming to Las Cruces to create jobs here because we have put in place forward-thinking investments that are helping this industry thrive.”

State senator and Film Las Cruces co-founder and president Jeff Steinborn, had this to say:

“We’re thrilled to have 828 Productions making this investment in our community to create a full-service film production studio and backlot. … 828 Studios will help elevate Las Cruces as one of the top film production hotspots in New Mexico and the United States, and showcase our excellent film incentives, diverse locations, talented crew, and rich Southwestern culture.”

Todd Lundbohm, founder and CEO of 828 Productions, had this to say about his company’s move to Las Cruces:

“We were looking for a home for 828 Studios and fell in love with Las Cruces. … This is a town on the rise, with a wealth of opportunity just waiting to be tapped into. At 828, we’re passionate about story and film as an art form, but we’re equally passionate about creating a studio environment that inspires positivity behind the scenes as well. For us, it’s about putting down roots, and New Mexico, specifically Las Cruces, gives us the ideal place to do that.”

The link to quoted news source material is here

https://www.abqjournal.com/2525116/third-new-mexico-film-partner-to-be-based-in-las-cruces.html

RURAL UPLIFT CREDIT

In 2019, the state enacted the “rural uplift” credit.  The rural uplift credit gives a production a 5% incentive to film at least 60 miles outside of the Bernalillo and Santa Fe County corridor.  The result of the credit has been dramatic.

Rural communities in the state saw a 660% increase in direct spending from the industry, up from $6.5 million in fiscal year 2021 to nearly $50 million in fiscal year 2022.

The rural uplift credit enacted by the legislature in 2019 gives a production company  a 5% incentive to film at least 60 miles outside of the Bernalillo and Santa Fe County corridor. The state’s tax incentives include a 25% to 35% production tax credit for film, TV, commercials, documentaries, music videos, video games, animation, post-production and more.

Las Cruces especially saw a major bump in productions due to the rural uplift credit. From July 2021 through May 2022, the Las Cruces area had 23 production projects in the Las Cruces area that resulted in a direct spend of $7.9 million into the local economy. In the previous fiscal year, there were 9 productions.

Jonathon Sepp, the film liaison with Film Las Cruces, had this to say:

“The additional 5% bump from the rural uplift credit has been an integral component to attracting productions to the Las Cruces area and has become a staple in our marketing efforts. … With the success of the rural uplift, Film Las Cruces has been able to attract more productions to our region than ever before.”

Amber Dodson, New Mexico Film Office director, said with the number of successful shows and films, the state has established itself as being film friendly and a place for skilled crews.  Dodson had this to say:

“The Film Office continues to tout New Mexico, not only as a diverse and forward-thinking state, but a place where memorable, award-winning productions can call home over many seasons”

Links to related and quoted news source material are  here:

https://www.abqjournal.com/2516159/nm-film-industry-sets-record.html

https://www.abqjournal.com/2464269/abq-named-no-1-for-moviemakers-for-fourth-year-in-a-row.html

20 YEARS OF FILM AND TELEVISION INDUSTRY GROWTH

Over the last 20 years, the film and television industry has steadily grown and been one of the few bright spots for the state, especially during the great recession, when it comes to economic development and diversifying the state’s economy which is very dependent on federal spending.

The New Mexico Film Office reports that in in 2003 the industry had direct spending in New Mexico was $7 million. In fiscal year 2019, direct spending reached a record high of $525.5 million. According to state estimates, Netflix will generate an estimated $344 million in taxes to the state, local school districts, and other local governments.

It was in 2019 that the film industry began to seriously emerge to be one of the biggest hopes for Albuquerque and New Mexico to diversify both the city and states economies. The unmistakable evidence was the immense investment in the city and state by NBC Universal and the Netflix purchase of Albuquerque studios as the site of a new production hub. Both announced NBC and Netflix announced opening film production facilities in Albuquerque.

It was on June 24, the Lujan Grisham Administration announced that the New Mexico film industry has brought in $623 million in what is known as a “direct spend” with one week left to go in the fiscal year. The film industry broke the record of $525.5 million set in fiscal year 2019. In fiscal year 2020, the film industry had a direct spend of $386.8 million despite the closure of the state during the pandemic. NBCUniversal has been able to kept production going during the pandemic.

According to the New Mexico Film Office, there have been 28 productions announced by the film office during the 2020-2021 fiscal year. The number of New Mexico crew hired for the 28 productions is 3,302 with 986 New Mexico actors within those productions. The biggest impact is with background actors, which is 7,963 New Mexicans hired.

Contributing to the record-breaking year, there are film production public-private partnerships with NBCUniversal and Netflix. Both have signed a 10-year commitment to bring film and TV projects to the state.

The link to  quoted news source is here:

https://www.abqjournal.com/2403189/nm-film-industry-breaks-record-with-623m-in-direct-spend.html

RECREATIONAL CANNIBUS INDUSTRY

On March 31, 2021 in a special session of the New Mexico legislature, the state became the 18 state to legalize recreational cannabis.  New rules and regulations governing licensing, production and sales of recreational marijuana how now been fully implemented.  Commercial sales are to begin on April 1.   The new industry will bring  new tax dollars, new commercial activity and law enforcement challenges to traditionally conservative eastern New Mexico, which is sometimes referred to as “Little Texas.”

Under the new law, there is a 12% statewide excise tax, with the state’s gross receipts tax rate, which varies by city and county which, is  levied on top of the state and local taxes.  Any adults age 21 and older with valid photo identification can buy recreational cannabis.  The new law and regulations allows some licensed dispensaries to have established cannabis consumption areas. And there are no limits on home consumption , but using cannabis is not allowed in public places.  The state law prohibits commercial consumers from possessing more than 2 ounces of cannabis, or 16 grams of cannabis extract, outside of their place of residence. There are no limits on how much cannabis can be kept inside one’s home out of public view.

Under New Mexico’s new law, New Mexico cities and counties cannot opt out, or bar cannabis dispensaries from opening in their jurisdictions.  Local governments are also prohibited from making it illegal to transport cannabis products on public roadways, provided the individuals in possession are not under the influence and are also complying with other aspects of the law. Cities and counties do have the authority to set rules governing the location, density limits and hours of operation for marijuana retailers.  Many cities and counties, including Alburquerque and Bernalillo County have adopted ordinances establishing their own local rules.

Duke Rodriguez, CEO and president of Ultra Health Inc., the state’s largest medical cannabis producer, said at upward % of New Mexico’s legal cannabis sales could end up being made by Texans crossing state lines to participate in the state’s newest industry.  Much of the benefits of recreational marijuana sales will come from Texas, which unlike Arizona and Colorado has not legalized recreational cannabis, and has large population centers like Amarillo, Lubbock and El Passo within easy driving distance to New Mexico towns and cities such as Clayton, Clovis, Texico, Hobbs and Las Cruces.  Small communities such AS San Jon, a small town in Quay County that is  less than 20 miles from the Texas border will likely see huge profits.

A report conducted last year by Massachusetts-based Cannabis Public Policy Consulting projected New Mexico’s fledgling cannabis market to hit $782 million in legal sales by 2026, a figure that includes tourist and cross-border purchases. The report also estimated that New Mexico’s regulated cannabis industry will supply 20% of the marijuana products purchased within a 200-mile zone from the state’s boundaries.

As a result, the recreational cannabis industry offers significant promise from both an economic standpoint and the potential for marijuana processing and manufacturing facilities in any New Mexico community.   Then there are the challenges it will bring like enforcing laws against impaired driving.

HEALTHY SALES REPORTED

According to the state’s Cannabis Control Division The state’s cannabis industry in August brought in $24.2 million in adult-use sales, a new record high, surpassing July’s adult-use sales of $23.5 million.

Overall sales numbers, which includes medical cannabis transactions, stood at nearly $40.7 million in August, according to the data. That number is up from July’s overall sales of $40.3 million, which at the time was also a record high.

Albuquerque did nearly $8 million in adult-use sales and $6.6 million in medical sales, according to the data. That number is up on the adult-use side from July, but down on the medical side by more than $250,000. And Albuquerque hasn’t done more than $8 million in adult-use sales since April.

Santa Fe brought in $1.9 million in recreational sales, slightly more than in July. And they also did about the same in medical sales — $1.6 million — as in July, according to the data.

Rio Rancho sold more medical cannabis than recreational, bringing in $805,783 on that end and $749,385 in adult-use sales, according to CCD.

Las Cruces took in $1.8 million in recreational sales and nearly $1.5 million in medical sales. Sunland Park did more than $1.3 million in adult-use sales and Hobbs did nearly $1.3 million in sales, according to the data.

Carlsbad did $794,310 in adult-use sales and about $370,620 in medical sales. Clovis brought in $674,106 in recreational sales. Anthony saw $442,017 in adult-use sales, according to the data.

“New Mexico cannabis retailers sold $23.5 million in recreational cannabis in July. That’s more than the state’s retailers have ever sold in a month. That puts July’s cannabis sales as the new record for most revenue generated in a month. Previously, April of 2022 had the most sales. That month — the first month of legal sales — retailers sold just over $22 million worth of cannabis. Now, summer sales passed that previous record. Albuquerque-based retailers sold more than $7.6 million worth of recreational cannabis in July. Santa Fe retailers sold over $1.8 million worth.”

Overall, border towns, including Texico, Roswell, Portales and Clayton, made up more than a 30% of overall recreational sales, according to the data. Salgado said Pecos Valley opened a second location in Hobbs last month and that they expect to open their Artesia location in the next couple weeks.

Links to other quoted news source materials are here:

https://www.abqjournal.com/2530421/recreational-cannabis-sales-reach-new-high-in-august.html

New Mexico retailers set a cannabis sales record in July (krqe.com)

https://www.krqe.com/news/marijuana/new-mexico-cannabis-sales-total-more-than-3-5-million-in-first-weekend/

https://www.koat.com/article/cannabis-sales-in-new-mexico-are-flying-high/39613891

https://www.kob.com/albuquerque-news/adult-use-cannabis-sales-kick-off-in-new-mexico/6434891/?cat=500

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

https://www.abqjournal.com/2495659/new-mexico-tops-22m-in-recreational-cannabis-sales-in-april.html

https://www.abqjournal.com/2485020/recreational-cannabis-sales-near-2-million.html

https://www.abqjournal.com/2487123/nm-cannabis-sales-hit-nearly-10m-in-a-week.html

https://www.abqjournal.com/2483131/new-cannabis-frontier-could-bring-growth-to-eastern-nm.html

 A BUDDING AGRICULTURAL CROP  TO RIVAL ALFALFA

It was in 2017 that the New Mexico Legislature enacted the legalization and cultivation on hemp in the state.  Republican Governor “She Who Shall Not Be Named” vetoed the bill. The veto was overturned on procedural grounds in spring 2018. In 2019 New Mexico authorities finalized hemp rules in time for farmers to produce the state’s first legal harvest in 2019. The Corona Virus pandemic then hit New Mexico with a vengeance and the industry was placed on hold.

https://www.nmda.nmsu.edu/hemp-program/

https://hempindustrydaily.com/new-mexico-hemp-rules/

As the state and nation show signs of rebounding from the CORONA virus-induced economic slump, the hemp industry in New Mexico is poised to make a major stride in growth and development.

Hemp belongs to the same plant species as marijuana but is legally defined as having less than 0.3 percent THC. That’s a trace amount compared to cannabis, whose THC content can be more than 15 percent. The prime active ingredient in hemp is cannabidiol, or CBD, which comes from the plant’s leaves and flowers and is thought to have medicinal properties.

CBD is increasingly used in health and beauty products. Other parts of the plant have various uses. Hemp seeds, which contain no CBD, can be eaten raw or ground up for protein powder and dairy substitutes. Oil extracted from these seeds is used in skin care products. Fiber separated from the stalks can be used for clothing, bags, rope, beauty products, building materials, paper and bioplastics. The woody inner stalks, known as hurds, can be formed into building materials, mulch and animal bedding.

Agriculture is deeply rooted in New Mexico and in the top 10 of its industries. New Mexico is home to 23,800 farms and 43.9 million acres of farmland. The states top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn. New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.

https://www.farmflavor.com/new-mexico/new-mexicos-top-agriculture-commodities/

Hemp as an agricultural cash crop has the potential to immediately rival alfalfa as a cash crop in New Mexico. Hemp is a good crop for a desert state like New Mexico because it consumes up to 75 % less water than alfalfa and corn. … Statewide, 31 growers have licenses for indoor operations, totaling 9.74 million square feet, and four growers have licenses for outdoor cultivation, totaling 37.7 acres, according to the state Department of Agriculture.

Jill Browning, chairwoman of the New Mexico Hemp Association, has said the hemp industry will flourish on its own when the fiber is used more in clothing, construction materials and to replace plastics.

https://www.santafenewmexican.com/news/business/hemp-a-budding-industry-in-new-mexico/article_12ecd6c0-752a-11eb-8cba-370b8ee8264f.html

AEROSPACE

State and city officials have been encouraged between the Spaceport and companies like Virgin Galactic moving forward with test flights. State officials say there’s even more companies on the way.

On Thursday, November 12, 2020, the City of Albuquerque Environmental Planning Commission approved the new site plan for the “Orion Center.”  During the November 12th press conference announcing the development, Albuquerque Economic Development Director Synthia Jaramillo said the Orion Project represented a real opportunity to attract development from the commercial space industry. According to Jaramillo:

“The global space economy is projected to be worth $3 trillion by 2045.

 Jaramillo cited Albuquerque’s “engineering-savvy” workforce, low property tax rates, which are some of the lowest in the country, and tax deductions that target the aviation and aerospace industries. In addition, the city boasts “large swaths of vacant land, unrestricted air space and low population density.”

https://www.koat.com/article/aerospace-center-one-step-closer-to-being-built-in-albuquerque/34662638

https://www.abqjournal.com/1517515/aerospace-firm-targets-abq-for-new-campus.html

On December 29, the Albuquerque Journal editorialize that New Mexico should make space industry its “economy moonshot.” The editorial said in part:

“The nation has entered a new phase of space-related opportunity.  The Space Foundation estimates the global space economy expanded by 55% over the past decade, reaching $447 billion in 2020. It’s expected to grow to between $1 trillion and $3 trillion over the next 20-30 years.

The U.S. and world economies are already fundamentally dependent on space technology and operations to maintain basic societal functions.  By synchronizing and linking up power grids and communication networks, space technology supplies data to enable city planning, agriculture, public health, transportation and more. The next phase of developing space assets could produce new wonders: harnessing solar energy and beaming photovoltaic energy to Earth or low-gravity manufacturing of biotechnology products.

New Mexico has a leg up to tap the immense economic potential of space. Space-related endeavors at Kirtland Air Force Base in Albuquerque, at White Sands Missile Range in southern New Mexico and the state’s national laboratories have attracted an impressive array of companies to provide support services to experienced federal entities. The future of the emerging global space industry hinges on such public-private partnerships, according to the third annual “State of the Space Industrial Base” report issued in November. It was co-authored by Col. Eric Felt, head of the Air Force Research Laboratory’s Space Vehicles Directorate at KAFB.

New Mexico has played a key role in preparing and disseminating the reports. New Space NM, an industry alliance, has hosted two conferences to collect participant input in the past two reports and is now helping to monitor progress on adopting a “whole of government” approach for space industrial development.

And, with regard to public-private partnerships, New Mexico appears ahead of the curve in business development. The Dec. 20 “Building the space industry ecosystem” in the Journal’s Business Outlook enumerates the myriad incubators, accelerators and tech hubs in place to build up New Mexico’s fast-growing commercial space sector.

This all plays to the state’s strengths. New Mexico has a history and synergy of military bases, national labs, research universities and private aerospace enterprises — plus a one-of-a-kind spaceport and the only ground-to-infinity protected airspace outside of the White House.”

https://www.abqjournal.com/2457265/nm-should-make.html

SUSTAINABLE ENERGY

On March 10, 2022 Gov. Michelle Lujan Grisham announced that Universal Hydrogen has chosen a 50-acre parcel of property northeast of the passenger terminal at the Albuquerque International Sunport to build a manufacturing and distribution center in New Mexico with a goal of hiring hundreds of employees in Albuquerque.   The location includes access to a runway and the potential future reclamation of a rail spur south of the Sunport.

Universal Hydrogen is a manufacturer  and distributor of hydrogen storage modules, assembles airplane retrofit kits and performs aftermarket maintenance services, and manage administrative activities.  Universal Hydrogen is a company with a mission to enable carbon-free fuel and reduce the climate impact of air travel.

New Mexico will be at the heart of the company’s mission to decarbonize hard-to-abate greenhouse gas emissions in aviation, ground transportation, and heavy industry to help the United States meet the Paris Agreement goals. The company also has facilities in California, Washington State, and Toulouse, France.

Universal Hydrogen will spend one to two years on the planning and construction of its New Mexico facilities, with a goal of commencing full-scale manufacturing by 2024. It anticipates investing over $254 million into New Mexico and aims to hire 500 employees over the next seven years. These jobs will include highly skilled engineers and composite technicians with attractive salaries and benefits.

The State of New Mexico is pledging $10 million from the Local Economic Development Act (LEDA) job-creation fund. The City of Albuquerque will serve as the fiscal agent and is  considering providing additional funding from its local economic development fund. The construction project alone is expected to generate over 1,200 jobs, and the manufacturing and distribution center is expected to have an economic impact of over $700 million over the next 10 years.

The economic assistance is pending support from the Albuquerque City Council and will be paid out as Universal Hydrogen reaches economic development benchmarks as agreed to in a pending Project Participation Agreement. Universal Hydrogen is also pursuing federal programs to help scale its manufacturing and production capabilities.

https://www.abq.org/2022/03/10/universal-hydrogen-picks-new-mexico-for-major-manufacturing-hub/

Gov. Lujan Grisham had this to say:

“This project puts New Mexico and Universal Hydrogen at the center of the global effort to decarbonize transportation and aviation in particular … Hydrogen, solar, wind, and alternative energy are job-rich industries and New Mexico’s partnerships with these companies are part of a forward-thinking model to create a robust and diversified economy, while being a part of the solution when it comes to a changing climate.”

Economic Development Cabinet Secretary Alicia J. Keyes had this to say:

“With two federal Department of Energy research labs and a skilled workforce, the future for new, innovative energy technology is here in New Mexico.”

https://www.abq.org/2022/03/10/universal-hydrogen-picks-new-mexico-for-major-manufacturing-hub/

INTELLIGENT MANUFACTURING

There is a major effort to bring high paying technology-based jobs to communities all across the state. New Mexico is making real progress in the area. A recent analysis by the Milken Institute found New Mexico alongside New Jersey saw the largest gains in science and technology workforce over the past 2 years.

On May 3, 2021, Intel Corporation announced it will be investing $3.5 billion to equip its New Mexico operations for the manufacturing of advanced semiconductor packaging technologies, including Foveros, Intel’s breakthrough 3D packaging technology. The multiyear investment is expected to create at least 700 high-tech jobs and 1,000 construction jobs and support an additional 3,500 jobs in the state. Planning activities began immediately, with construction expected to start in late 2021.

https://www.intel.com/content/www/us/en/newsroom/news/new-mexico-manufacturing.html#gs.0yh3ny

GLOBAL TRADE

State officials are tapping into the international border with Mexico as a major economic opportunity. In recent months, the state announced major partnerships with at least three Taiwanese companies to set up shop in Santa Teresa, New Mexico. That includes Xxentria, which is a leading manufacturer of metal composites.  Secretary Keyes had this to say:

“A lot of their heavy industry and manufacturing is going to be in Chihuahua and then we do the assembly in New Mexico, and also the headquarters. … And we’ve just hired a consultant for New Mexico that will be based in Taipei to help us with courting those Taiwanese companies and those Asian companies that potentially want to be on the border here.”

https://www.kob.com/albuquerque-news/working-4-the-future-diversifying-new-mexicorsquos-economy/5956987/?cat=500

BIO-SCIENCES

In the biosciences sector, more than a hundred new high-paying jobs are expected in Rio Rancho. The company Nature’s Toolbox specializes in bio-manufacturing to speed up the development of vaccines and pharmaceuticals. The average salary is $74,000.

NEW MEXICO NEEDS INFRASTRUCTURE

 Stuart Rose is the founder of The BioScience Center, Fat Pipe New Mexico and Go-Station, Inc., a member of New Mexico Angels, and is an investor in multiple local startups including NTx Bio, Electric Playhouse, Wildlife Protection Management, Allerpops and mPowerTechnology and serves as a Board Member of New Mexico Community Capital and a Venture Partner of Tramway Ventures. 

On March 9, the Albuquerque Journal published the following guest column written by Rose on the need for infrastructure as part of diversifying New Mexico’s economy:

“For years, New Mexico has been talking about trying to make our state’s economy less dependent on the oil and gas industry.

While there has been some progress, not much with real impact has materialized yet. Likely that’s because it’s not easy to do and, in fact, it’s not even clear what to do.

We’ve heard lots of talk from government officials about where we should focus — the biosciences, aerospace, film and TV, intelligent manufacturing, outdoor recreation, sustainable and green energy, sustainable and value-added agriculture, cybersecurity and global trade.

These are all worthwhile, and in my view, appropriate industries to target.They will create the bulk of the jobs and create the most wealth in the economic future of the world.

It is terrific that our state government has put in place a variety of incentives to reach companies in these key economic areas. But it won’t be enough.The reason is we dont have an appropriate infrastructure that would allow these companies to develop and grow in New Mexico.We are missing critical pieces including:

— Incentives to developers to build spec buildings so that companies started or grown here or attracted to New Mexico have a place to move into without having a lengthy wait.

Understandably our incentives to date have focused on job creation. But now we’re at a stage where we need to go to the next step, specifically:

— Programs that would provide support to vendors that supply the target industries so that it’s easier for the companies to get what they need.

— Initiatives that would make it easier for companies to attract talent to our state.We know how great it is to live and work in New Mexico, but outsiders see it differently.One example might be an initiative that would help find jobs for trailing spouses, with another being to focus on creating clusters of companies in the same industry so that if someone loses their job in one company, there is another they can move to without having to relocate out of NM.

— Efforts to train younger workers and retrain older workers to be able to work in the targeted industries, and especially apprenticeship programs like those that have been very successful in Germany.

I applaud everyone’s actions and the trajectory New Mexico is taking. But it’s time for elected officials, the angels’ community, business leaders and economic developers to look at the entire picture as we plan New Mexico’s future for not only today but for future generations.”

https://www.abqjournal.com/2480890/jobs-creation-is-great-but-new-mexico-needs-infrastructure.html

COMMENTARY AND ANALYSIS

Election after election, we hear New Mexico politicians running for office at all levels and elected officials from both parties repeatedly point out that we routinely rank high on the bad lists of crime, hunger, poverty, and low on the good lists of income, child well-being, places to retire, quality of education and jobs.

There is an absolute need to concentrate on the identified industries by the state and AED, otherwise, within 20 years, if not sooner, virtually all of New Mexico will be nothing more than a dusty high desert state with more empty space, more ghost towns, beautiful vistas and sunshine and with no one wanting to live a lifetime here but be buried here. The only industries that will be expanding will be “assisted living” homes and funeral homes and cemeteries with New Mexico becoming the graveyard of lost opportunities, hopes and dreams for a better life and livelihood.

 

Keller Vetoes City Council Reallocation of $1.25 Million For “Safe Outdoor Spaces”; Heading Home Secures Approval Of 2 SOS Applications After Awarded $4,491,808 In City Contracts For 2022-2023; Wants More For SOS; EPC Recommends Repeal Of Safe Outdoor Spaces

On Friday, September 12, Albuquerque Mayor Tim Keller vetoed a city council measure that reallocated $1.25 million that was originally designated for Safe Outdoor Spaces  by the City Council in the 2022-2023 city budget enacted by the council on May 16. It is Keller’s 8th veto in 2022.  The bill, which passed on a 5-4 vote, was sponsored by Republican Dan Lewis with the funding reallocated to the city’s Gateway Center Shelter for services supporting homeless veterans.

“Safe Outdoor Space” is a lot, or a portion of a lot, developed to provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles. A safe outdoor space are to offer social services and support facilities.  The Integrated Development Ordinance (IDO) limits Safe Outdoor Space camps to 40 spots for tents and a total of 50 residents and makes them a temporary use where operators can run them for two years at a selected sites with the possibility of a single two-year extension.

Keller said this in his veto message:

“[This is a] sad political attempt to use the unhoused veteran community as a pretext to create another barrier to addressing our unhoused challenges with every tool available … [the city already] provides multiple resources for unhoused veterans.  [ Diverting money from safe outdoor spaces will] undermine the ability [to ensure safe and proper staff and services]  which are essential for successful operations and for successfully transitioning residents — including veterans — into longer-term housing.”

The veto is Keller’s second relating to “Safe Outdoor Spaces” within a month. On September 7, the council voted “NO” to override Keller’s veto of a one-year moratorium on the application process for “Safe Outdoor Spaces”.   In order to override the veto, 6 YES votes were needed.  The 4 who voted NO to override were Republican Trudy Jones who joined Democrats Isaac Benton, Pat Davis and Tammy Fiebelcorn. Trudy Jones had voted with the majority when the moratorium initially passed 6-3 but changed her position and voted NO on the override.

APPEAL OF DAWN LEGACY POINT SOS APPROVALS 

It was on August 8, that the City Planning Department approved the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE, at  Menaul and Interstate 25.  The homeless tent camp will be for 40 woman who have been “victims of sex trafficking”  

The Dawn Legacy Point Safe Outdoor Space has been appealed by the following neighborhood association and businesses:

Santa Barbara Martineztown Neighborhood Association

Albuquerque Boca Hotel Limited Partnership dba Crown Plaza Albuquerque

Greater ABQ Hotel & Lodging Association

The Stronghurst Improvement Association

LifeRoots Inc.

Menaul School

The Reule LLC (Robert D Reule)

The City of Albuquerque Land Use Hearing Officer has scheduled a hearing on all 7 of the above appeal cases on Wednesday, September 28, 2022 at 9:00 am in the Vincent E. Griego Chambers at the Albuquerque/Bernalillo County Government Center, One Civic Plaza NW, Albuquerque, NM 87102.

Businessman Brad Day, the consultant for The Dawn Legacy Point “Safe Outdoor Space”, said Dawn Legacy Pointe is acquiring the tents and other materials it needs to start moving onto the site if the appeals are denied and the project is allowed to go forwards. Sources have also confirmed the city has done work to prepare the site and has secured a building on the property.

HEADING HOME SECURES TWO SAFE OUTDOOR SPACES APPROVALS FROM PLANNNG DEPARTMENT

Albuquerque Heading Home is a New Mexico based non-profit and is a Housing First collaboration of public, private and non-profit organizations who united in 2011 to end homelessness for individuals who have been chronically homeless and are medically vulnerable. More than 800 individuals and their family members have been placed in permanent supportive housing since the Albuquerque Heading Home initiative started in 2011.

Heading Home has secured 2 separate “Safe Outdoor Space” authorizations from the City Planning Department.  Heading Home already operates the city’s West Side Emergency Housing Center at 7440 Jim McDowell NW and the Albuquerque Opportunity Center at 715 Candelaria NE. They would be for individuals to sleep in vehicles, not tents. There are 12 planned spaces for the Candelaria location and 40 at the West Side Emergency Housing Center.

Heading Home CEO Steve Decker has said both of the Heading Home SOS spaces will need financial support but has not disclosed how much. Heading Home is seeking city funding to build fencing around the property and to help pay for staffing to operate the spaces. Decker added that even city funding is secured it will still take at least a month to build the necessary fence on Candelaria before any camping would be possible.  Decker added that the homeless are already making inquiries and had this to say:

We are getting phone calls with people asking when it will open — they want to get out of the Walmart parking lot.”

https://www.abqjournal.com/2534889/keller-goes-to-bat-for-safe-outdoor-spaces-again.html

According to the 2022-2023 approved city budget for the Family Community Services, Heading Home has been awarded $3,291,805 in Emergency Shelter contracts, $480,000 in Homeless Support Services contracts and $360,000 in Outreach Services for homeless mentally ill for a total of $4,131,805.  Heading Home has also been awarded the city contract to operate the new Gibson Gateway Shelter, but the exact  amount of the contract has not been disclosed or reported upon by the news media outlets.

2022 “POINT IN TIME” SURVEY

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

The PIT count requires the use of the HUD definition of “homelessness”. PIT counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends.

The New Mexico Coalition to End Homelessness (NMCEH) was  contracted by the city to do the 2022 survey and it released the 2022  PIT report in August.  This year, the PIT count and survey was taken on January 31, 2022. The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire report at this link:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

The breakdown of homelessness on January 31, 2022 is as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

The 2022  “Point In Time” homeless survey reported the number of homeless in the city is 1,311 with 940 in emergency shelters, 197 unsheltered and 174 in transitional housing. The survey found there are 256 fewer homeless in 2022 than in 2021.The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 5 years.  According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 2021.

During the last 12 years, PIT yearly surveys have counted 1,300 to 2,000 homeless a year.  The PIT survey statistics have never supported city or charitable provider claims that the city has upwards of 5,000 homeless.   When PIT survey results are released, the city and providers quickly dismiss them as an “undercount”, likely because fewer homeless means less funding for the Family Community Services Department.

https://www.petedinelli.com/2022/09/22/2022-pit-city-homeless-count-256-fewer-homeless-1311-total-homeless-940-emergency-sheltered-174-transitional-housing-citys-homeless-crisis-and-visibility-aggravated-by-mayor/

CITY’S FINANCIAL COMMITMENT TO HOMELESS

During the 2021-2022 fiscal year that ended June 10, 2022, the Family and Community Services Department and the Keller Administration spent upwards of $40 Million to assist the homeless or near homeless. The 2021-2022 adopted city budget for Family and Community Services Department provided for funding for emergency shelter contracts of $6,421,989, Homeless Support Contracts of $3,624,213, Mental Health Contracts totaling $4,378,104, and substance abuse contracts totaling $2,529,676 , affordable housing and community contracts totaling $18,191, 960.

The link  to the adopted 2021-2022

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

Mayor Keller’s 2022-2023 approved budget that began on July 1, 2022, significantly increased the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915. $6,025,544 is allocated for emergency shelter contracts, $4,282,794 for homeless support services, $3,773,860 is allocated for  for mental health contracts, $2,818,356 is allocated for total substance abuse contracts for counseling, $42,598,361 allocated total for affordable housing and community contracts with a major emphasis on permanent housing for the near homeless or homeless.

The link to the  2022-2023 approved budget is here:

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

EPC RECOMMENDS REPEAL OF SAFE OUTDOOR SPACES

It was on June 22 that legislation was introduced by city Councilor Brook Bassan at city council to repeal and to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO).  The repeal legislation was referred to the Environmental Planning Commision (EPC) for a full hearing and recommendations. On   September 15, (EPC) voted to recommend a “Do Pass” recommendation to eliminate “Safe Outdoor Spaces” from the Integrated Development Ordinance (IDO).  The vote and the recommendations were to delete all references of Safe Outdoor Spaces in the IDO effectively outlawing the conditional land use anywhere in the city.

During the course of the September 15 hearing, and after the presentation of Councilor Basan’s city council legislative analysis, the public was allowed to speak, with each speaker given 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 Martineztown  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 main arguments made by those opposed to Safe Outdoor Spaces include 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 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.

7.  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.

At the conclusion of the September 15 EPC hearing, the EPC adopted upwards of 4 pages of very detail findings citing specific provisions of the IDO supporting  their ruling to recommend the elimination of Safe Outdoor Spaces from the IDO.  Those finding outlined the provisions of the IDO that Safe Outdoor Spaces violate.  The specific findings of the EPC supporting the deletion of Safe Outdoor Spaces from the IDO are as follows:

“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.”

“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.” 

“The request to remove SOS 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.”

“The request to remove SOS from the IDO 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.”

SOS 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.”

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.”

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.”

The EPC recommendation has now been referred to the City Council Land Use and Zoning Committee (LUPZ) for further hearings and ultimately the legislation will be presented for a vote to the full City Council.  It is the City Council that has the ultimate and final authority over land use issues.

COMMENTARY AND ANALYSIS

What is clear from the City Councils actions and Mayor Keller’s 2 vetoes and the actions of the EPC is that what is occurring within the city is a prolonged political battle to prohibit Safe Outdoor Spaces from being allowed throughout the city, a battle that is being lost by the public with the Mayor and City Council. This is not just an issue of “not in my back yard” syndrome, but one of hostility and mistrust of elected officials, especially Mayor Tim Keller, who are viewed as mishandling the city’s homeless crisis despite millions and millions being spent each year to help the homeless. The public perception is that little or no progress has been made by Keller and the homeless crisis has become far more visible than ever before on the streets, parks and open spaces of Albuquerque.

It is an epic political battle being waged between the city’s elected officials and the general public. On one side of the battle are elected the city’s elected officials of Democrat Mayor Tim Keller and Democrats City Councilors Isaac Benton, Pat Davis and Tammy Fiebelcorn and Republican Trudy Jones and City Departments who feel they know best for the city and public.  All 5 elected officials are hell bent on creating “Safe Outdoor Spaces” and cramming them down the public and their constituents’ throats ignoring city ordinances and the city’s housing first policy and without public input and contrary to public opinion.  On the other side of the issue is the general voting public who by all accounts are extremely hostile and who are opposed to temporary homeless tent encampments known as “Safe Outdoor Spaces.”

It is becoming increasingly difficult to understand, let alone justify, why things have not improved with the City and the Keller Administration dealing with the homeless when upwards of $125 million has been spent over the last two years to deal with 1,311 to 1,567 homeless each year over the last 5 years.  The millions being spent each year by the city to deal with the homeless with the “housing first” policy and new Gibson Gateway Homeless Shelter and the Westside Homeless Shelter should be more than enough to deal with housing the homeless, yet Mayor Keller and the 4 City Councilors demand and want more from the public in the form of Safe Outdoor Spaces and operation funding.

It is difficult to understand, other than sure financial gain, why Heading Home is applying for Safe Outdoor Spaces after being given millions to implement a housing first policy approach to the homeless and now will establish 2 Safe Outdoor Spaces asking for more operating funds.  Simply put, Safe Outdoor Space encampments violate the city’s and Keller’s own “housing first” policy by not providing a form of permanent housing and with reliance on tents as temporary housing.

Safe Outdoor Spaces are not the answer to the homeless crisis. “Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.

The answer is to the homeless crisis is to provide the homeless the support services, including food and permanent lodging, and mental health care needed to allow the homeless to turn their lives around and perhaps become productive self-sufficient citizens.

Given the City Council’s vote on the Safe Outdoor Space moratorium and failures to override Keller’s vetoes, it is more likely than not that the city council will vote down and NOT to support the EPC recommendation to eliminate all references to Safe Outdoor Spaces. The legislation eliminating from the IDO Safe Outdoor Spaces will likely pass on a 5 to 4 vote and Mayor Tim Keller is expected to veto the legislation.  The council will need 6 votes to override the mayor’s veto. 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 and Safe Outdoor Spaces will become law.  This is the type of conduct that results in general public distrust of city government.

Notwithstanding the objections of property owners and voters, Keller and the 4 city councilors believe they know best and intend to go forward with Safe Outdoor Spaces.

 

Disappointing Education Proficiency Scores Despite Billions Spent; Low Scores And Reform Delays Blamed On Pandemic;  Patience And More Time Needed To Implement Reforms Mandated By Yazzie v. State of New Mexico

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.

PED Evaluator Rachel Mercer Garcia had this to say:

“Implementation and oversight challenges remain hurdles to improving student outcomes in our state. …  Given the learning loss associated with the pandemic, New Mexico faces a heightened need to really ensure resources are directed toward evidence-based programs to help support students and catch them up.”

Education Secretary Kurt Steinhaus told lawmakers that oversight is something the PED is addressing in its coming iteration of the Yazzie-Martinez action plan, that will be finalized by the end of September. Steinhaus told lawmakers.

Is it the PED’s [responsibility]  to provide oversight and increase our oversight? Yes. And we are working on that.”

Districts haven’t taken advantage of money set aside for programs the court found would help improve education for “at-risk” students, especially when it comes to extended learning time and K-5 Plus programs. LFC analysts also reported that schools have collectively forgone $400 million in funds for both.

At the same time, school districts have held over cash balances over the years and have seen a more dramatic jump since 2017. At the end of last fiscal year, districts and charter schools were collectively carrying over $525.5 million. It was reported that Bottom of Form

the funding is sometimes held over because districts can’t count on being reimbursed by the PED in a timely way.

Growth in spending on central services, such as human resources, district planning and other costs, has also outpaced the growth of spending on instruction and student support services, according to the September 1 LFC report.

New Mexico has had 4 education secretaries since the July 2018 ruling. and the turnover in leadership has contributed to less than clear response to the landmark education lawsuit.

Secretary Steinhaus reported that PED has hired over 80 people in the 14 months since he became secretary. Steinhaus said this: .

“We have a good team of people, they’re performing at a very high level, and I feel confident that we can move forward. … Are we anywhere close to where we need to be? No, but we are on a path.”

LFC staff have also called for the PED to more closely monitor bilingual programs since there has been a declining participation over the last 10 years as English learners increased.

PED Evaluator Rachel Mercer Garcia Mercer said the department needs to look closer at spending of “at-risk” funding, adding that there’s currently a lack in mechanisms to make sure those dollars are being used.

The Link to quoted news sources is here:

https://www.abqjournal.com/2534980/lfc-lagging-progress-due-to-district-implementation-ped-oversight.html

REVISITING YAZZIE V. STATE OF NEW MEXICO

On Friday, 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 Suzann Martinez did not do the best it could with the funding it was given by the legislature to the education system.

Judge Singleton wrote in the landmark ruling:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

According to the judge’s ruling, in New Mexico at the time, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners. Further, 14.8% of students have disabilities, and 10.6% are Native American. Judge Singleton addressing proficiency rates for Native American students said that in the previous 3 years, those students’ reading proficiency was at 17.6% and their math proficiency was at 10.4%.

GOVERN LUJAN GRISHAM RESPONDS BY SECURING FUNDING

In response to the Yazzie v. State of New Mexico landmark public education decision, 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.

DISAPPOINTING PROFIENCY SCORES

On Thursday, September 1, 2022, the Legislative Education Study Committee met and New Mexico’s statewide standardized test scores, known as the Measures of Student Success and Achievement (MSSA), were released.  The new MSSA tests were developed by New Mexico educators and were given for the first time in April, 2022 to students in grades 3 through 12.

You can review the 2022 MSSA proficiency percentages at the below links:

https://webnew.ped.state.nm.us/bureaus/accountability/achievement-data/

https://webnew.ped.state.nm.us/bureaus/indian-education/reports/

Legislative Education Study Committee Deputy Director John Sena reported to the committee that the state has made over $1 billion in investments since the ruling identified needs in the education of Indigenous students, English learners, those who are economically disadvantaged and those with disabilities, and despite the millions spent, the test scores were disappointing.

According to data from the Public Education Department (PED), for most grade levels in most subjects, only about a quarter to a third of students met the proficiency standard.  Below are the percentage of students who met the proficiency standard in each subject:

EARLY LITERACY: 31%

LANGUAGE ARTS: 34%

MATH: 25%

SCIENCE: 33%

Note that little over a third of tested New Mexico students overall are proficient in language arts and only a quarter are proficient in math. There were instances of even lower scores. The tests found that just 16% of high school juniors were proficient in math.

The released proficiency assessment results revealed that for 3rd through fifth graders, English learners, students with disabilities, Indigenous students and those who are economically disadvantaged all fell behind overall statewide results in math and language arts.

Across all grade levels, economically disadvantaged students represent upwards of 74% of New Mexico students. The released proficiency test results revealed that economically disadvantaged third through fifth graders came the closest to statewide averages for those grade levels, with over 26% proficiency in language arts and a little under 19% proficiency in math or eight points behind in language arts, and over seven points behind in math.

An Albuquerque Public Schools spokesperson said just over a third of students in the district in grades 3 through 8 were proficient in English and Language Arts and about a fourth were proficient in math. In high school, four out of 10 students were proficient in English and writing and just under a fourth were proficient in math.

A Santa Fe Public Schools spokesperson said their results are closely in-line with the statewide scores.

Education officials during the Legislative Education Study Committee highlighted New Mexico’s recent struggles with uptake in extended learning time and K-5 Plus programs. It was in July that analysts for the Legislative Finance Committee said the programs have seen lagging participation since 2021 and a collectively had to forgo $400 million in funding.

 APS TEST RESULTS MIRROR STATE’S RESULTS

According to the PED data, the proficiency test results for students in Albuquerque Public Schools (APS) were   essentially the same last year for those measured for students across New Mexico.

The testing results for APS students across all grade levels tested were roughly 36% proficient in language arts which is 2 percentage points higher than the 34% for  New Mexico students overall. APS had the same overall proficiency level of 25% in math as the rest of the state.

In the APS school system, the average test results for third through fifth grade Indigenous students and English learners were generally in line with statewide averages for their respective groups.   In both cases, the scores were slightly higher in language arts, and between 2% and 3% lower in math.

APS students in the same grade levels with disabilities and who were economically disadvantaged, however, scored lower in both categories by margins of roughly 2% to 4%.

APS students across all grade levels who were economically disadvantaged represent upwards of 69% and almost 74% of students statewide. According to PED and APS data, Indigenous, Hispanic and Black students fared the worst of any demographic groups in both math and language arts in APS.  The same was true across the state in every grade level tested.

There were a few key areas, including with some student groups identified in the Yazzie-Martinez consolidated lawsuit, where APS students lagged behind. APS had the same overall proficiency level of 25% in math as the rest of the state. In 2019, the last year that complete testing data was available, 31% of APS students overall were proficient in reading and 20% were proficient in math.

While some student groups identified in the Yazzie-Martinez lawsuit in APS generally hovered around statewide averages, others fared noticeably worse. APS Hispanic students were a little under 29% proficient in language arts, which is on par with the statewide average for third through eighth graders, and were over 18% proficient in math, which is 3% points behind the statewide average.

Statewide, 63% of students overall are Hispanic. In APS, that number is 66% at the end of last year’s school year.

Chanell Segura, the chief of schools for APS, said that while the proficiency test results were not what anybody wanted, there was an upside to the data saying it will provide a baseline that would help lay out a path forward for the district. She put it this way in a Albuquerque Journal interview:

“I don’t know that anyone was excited about the data, I don’t think it was a surprise to anybody.  But I do believe that [in] Albuquerque Public Schools specifically … we were very much excited to receive this data to be able to inform our decisions.”

Segura said APS is working to close the gap between those who lag behind and the rest of their cohort in several ways, to include restarting work to weave equity into grading in schools that are interested in doing so, looking into providing 24/7 high dosage tutoring to students and generally improving accessibility to opportunities like AP courses.

APS highlighted in a September 1 news release several initiatives the district has set in motion, including providing professional development to principals that’s tailored to their community’s needs and significant raises for educators. An APS District spokeswoman said it should help attract a diverse crowd of teachers and in turn help students who have historically lagged behind, because students thrive when their teachers reflect the communities, they teach in.

Another initiative both Steinhaus and Segura highlighted was the state’s ongoing efforts to train kindergarten and elementary school teachers in structured literacy which was described as learning to teach the “science of reading.”

In APS, Segura said that’ll take the form of LETRS training, which teaches the skills needed to master reading instruction and has been highly praised by state lawmakers. Segura said this:

“Our focus is that every student matters.  That is our commitment. … We are really trying to drill down to meet the needs of every student and to intervene early, so that we’re working with families, we’re working with the students, and looking at the whole student.”

LOW TESTS RESULTS BLAMED ON PANDEMIC AND NEW TESTING

PED Secretary Kurt Steinhaus said the new scores are what the state expected to see. He said they are in-line with student performance in past years and education leaders have known for nearly 2 years about the severely negative impact the corona virus pandemic has had on learning and school programs.  Steinhaus said the tests are the best way to gauge student progress since the COVID-19 pandemic began, but these low proficiency results are not what New Mexico should be seeing.

PED and APS officials also stressed that comparisons between last school year’s test results which are based on the Measures of Student Success and Achievement (MSSA) assessments, and those the state saw before the pandemic are not valid.   That is  because the new tests are in fact different tests in that they measure fewer grade levels, and some students take specialized tests. That said, the PED estimated when the new MSSA tests were originally announced in 2019 that there still would be some comparability with old data.

Despite the low tests scores Education Secretary Kurt Steinhaus applauded how far New Mexico has come and acknowledged there’s still ground to cover and he said this:

“New Mexico has come a long way in serving those most underrepresented students.  “We’re not where we want to be. … We still have a long way to go. … I will not be satisfied until we get to that 100%, and that’s not unreasonable. That is doable. … I’m excited about the opportunity that we’ve got in front of us. We’ve got 300 more teachers with licenses in our classrooms. We’ve got a whole bunch of initiatives to address what the test is telling us and start turning the corner for our kids and for our schools, and start moving forward in increasing achievement.”

PROGRESS REPORTED

Despite the low-test scores, PED Secretary Kurt Steinhaus reported to the Legislative Education Study Committee that there has been significant progressed made.  He said New Mexico has filled 300 of its vacant teaching positions, which have been estimated by the PED to be as high as 1,000 at the end of last school year.  He also pointed to pockets throughout the state in which students have improved.  He noted that he’d picked out some of the most outstanding schools and that their growth wasn’t necessarily seen in the rest of New Mexico’s schools. Steinhaus acknowledged there are several areas New Mexico needs to focus on including improving attendance, graduating more students and boosting achievement in all subjects.

Steinhaus said the Public Education Department intends to bring several legislative recommendations to lawmakers for math funding, acknowledging the state’s lower achievement in math than in language arts. Because of that gap the PED department has already launched a math-focused initiative. The PED has said it will assemble a 150-strong math tutoring corps, provide virtual professional development to teachers geared toward math instruction and introduce new math curricula focused on applying math concepts to careers.

The secretary said other states have been able to turn a corner in 10 to 15 years, so it could take that long, but he hopes New Mexico makes progress in a much shorter time period.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/new-mexico-standardized-test-results-show-mostly-25-34-proficiency/

https://www.abqjournal.com/2531147/lesc-four-years-later-its-unclear-if-students-are-any-better-off.html

https://www.abqjournal.com/2531164/aps-test-results-mirror-state-except-in-a-few-key-areas.html

YAZZIE V. STATE/ MARTINEZ PUBLIC EDUCATION ACTION PLAN

On May 14, the New Mexico Public Education Department released a detailed plan to address the landmark public education court case of Yazzie v. State/Martinez and mandated reforms to improve the New Mexico’s failing public education system and offer better and equal opportunities for all students.

The release plan by the Grisham administration is and includes improvements for every aspect of the education system. The link to review the plan is here:

https://mcusercontent.com/fe07174c30216027e5fab1fde/files/8d56cdcc-64d5-1494-dd06-04dfb8209cfd/Martinez_Yazzie_Discussion_Draft_2022.05.09.pdf?link_id=0&can_id=bd62d9bf2703bf57b545d3ed888c0bab&source=email-feedback-requested-nm-ped-releases-draft-plan-to-address-martinezyazzie-ruling&email_referrer=email_1541133&email_subject=feedback-requested-nm-ped-releases-draft-plan-to-address-martinezyazzie-ruling

According to the draft of the plan, it should be considered as a companion to the New Mexico Public Education Department (NMPED) 2022 Comprehensive Strategic Plan which offers remedies to the Yazzie/Martinez decision embedded throughout. According to the plan, the work that lies ahead for NMPED and schools will require systemic change to address the needs of the students and families impacted by decades of neglect and underfunding, including students with disabilities, Native American students, English learners, and economically disadvantaged students. These students account for over 70% of the population in New Mexico’s public schools.

The action plan states that for New Mexico students and their families to realize their full potential, it is incumbent upon both NMPED and its partners, especially the school districts, to do their part in ensuring educational equity, excellence, and relevance for all students. By implementing the recommendations in this plan, all of New Mexico’s public-school students will benefit.

According to the plan of action, NMPED is planning a future in which students are engaged in a culturally and linguistically responsive educational system that meets their academic, social, and emotional needs.

To that end, this action plan is focused on the following long-term goals:

  1. Assuring external factors like race, language, economic status, and family situations do not equate with lower rates of success in educational achievement and career prospects.
  2. Increasing academic proficiency in math, science, and languages to ensure that all students graduate well prepared for the ever-changing world of college, career, and civic engagement.
  3. Eliminating achievement gaps among New Mexico students, particularly English learners, economically disadvantaged students, Hispanics, Native Americans, African Americans, and students with disabilities.
  4. Respecting, honoring, and preserving students’ home languages and cultures by implementing culturally and linguistically responsive instruction and learning for all students.

BIG-PICTURE GOALS

The action plan contains some very big picture goals for public education in New Mexico.

Graduation rates in the last few years have been in the low to mid-70s. The education department wants the statewide graduation rate to get to 90% by 2027. Education leaders also want to close graduation gaps between ethnicities and disadvantaged students.

Another target is improving reading and math proficiency rates. PED leaders want those up by 50% in the next four years.

The plan also focuses on teachers, class sizes, and building on recent successes, including increases in funding. Just this year, the state legislature passed pay raises for teachers and more money for Pre-K programs.

Since the lawsuit, the state has boosted help for economically disadvantaged students, those with disabilities and English learners. It’s also upped funding for more reading programs, extended learning time and more and better internet access.

Outside of funding, PED leadership points out the launch of equity councils and the work to create a response team just for the lawsuit.

The link to news source material is here:

https://www.kob.com/new-mexico/albuquerque-metro/ped-releases-plan-addressing-martinez-yazzie-lawsuit/

DEFICIENCIES IDENTIFIED IN PED YAZZIE V. STATE/ MARTINEZ PUBLIC EDUCATION ACTION PLAN

During the September 1 Legislative Education Study Committee, Alisa Diehl, an  attorney with the New Mexico Center on Law and Poverty who is working on the legal team representing the Yazzie plaintiffs in the lawsuit, said the action plan is deficient  in 3   key areas.  The 3 areas she identified are:

  1. The plan doesn’t include short- and long-term action steps that are aligned with the court’s findings or that achieve the goals it laid out for the state.
  2. It does not detail the changes that will be needed to meet those goals, like cost and budget analyses or estimated increases in staffing.
  3. Finally, she said, the plan fails to describe how the state will measure how well the actions it’s taking are preparing students for college or careers.

Attorney Deiehl told the committee:

“Without clearly articulated goals of what the state is trying to achieve that are aligned with the findings in this case … New Mexico will continue to fall short … will continue to see a disconnect between appropriated funding and improved student outcomes.”

PED Deputy Secretary Vickie Bannerman responded that the PED is reworking the plan and aims to have its next draft done by the end of the month. The final version will be released in October or November.

It was also reported that the PED is also working on a question-and-answer document addressing some of the feedback it got on the first draft.  Many of the responses focused on improving outcomes for Indigenous students, encouraging efforts to better consult with community members and calling for greater accountability for outcomes in the plan.

Melissa Candelaria, education director at the Center on Law and Poverty and another member of the Yazzie legal team, acknowledged the work the PED has done to develop its action plan. Still, she said it’s evident that there’s still a way to go for New Mexico students.

“The student outcome data and proficiency rates need to be improved significantly, especially for the four student groups in the case. … None of us want to be in litigation forever … but if the state doesn’t come up with a solid plan to satisfy the court’s order, it may ultimately have to intervene as it has done in the past.”

PATIENCE URGED

Albuquerque Democrat Senate President Pro Tem Mimi Stewart  urged patience with the state in implementing the reforms and argued the state is “on track” with making the changes it needs to and said this:

“When you offer new programs, you offer new ideas, you offer new training – it just takes a long time. … K-5 Plus and extended learning were just fantastic before the pandemic, and you can almost say that about anything we’ve been doing. So I just think we should all take a big breath and realize that it is going to take us a while to make these changes.”

The link to the quoted news source material is here:

https://www.abqjournal.com/2531164/aps-test-results-mirror-state-except-in-a-few-key-areas.html

COMMENTARY AND ANALYSIS

The former Republican Governor and the Republican party should be absolutely ashamed of the damage done to New Mexico’s public education system and which was the basis the landmark education ruling of Yazzie v. State of New Mexico.  The former Republican Governor with her public education policies and her Secretary of Public Education appointments, especially the appointment of Secretary Hanna Skandera, contributed and resulted in the state’s failing education system.

In 2018, Governor Michelle Lujan Grisham campaigned in part on the platform of creating a “moonshot for public education”.  She did so in part on the realities she faced having to come up with the funding and implementation of the reforms to address the Yazzie v. State/ Martinez reforms.  She also had to deal with the disarray of management and destructive education policies established by her former Republican Governor predecessor that contributed significantly to the deterioration of the states school system. Among those policies she threw out were the Partnership for Assessment of Readiness for College and Careers testing and using an A- F grading system to measure how individual schools measured up against each other with both never a good fit.  Then early 2020, the pandemic hit the state and hit it hard. Schools had to be closed with remote learning implanted.

It must not be forgotten that it was Governor Lujan Grisham’s predecessor former Republican Governor “She Who Shall Not Be Named” who failed New Mexico’s kids by destroying the state’s public education system for a full 8 years year, after year after year.

It is a major mistake for anyone to say that the millions that have been spent over the last 3 years on public education have had no impact on student proficiency results.  What needs to be understood is that the state’s entire public education system is going through a major period of reform and adjustment that will likely take upwards of at least 8 years to complete

It will now take time, patience and funding to turn things around. The state’s education system now has the funding and now must produce the results that the public demands with no more excuses.