On July 25, Mayor Tim Keller announced closure of Coronado Park. Keller said in a statement:

“[The]situation is absolutely unacceptable, so we’re going to stop it … we’re closing Coronado Park. … It doesn’t matter if we know exactly what we’re doing next. It doesn’t matter exactly what the timing is or how we’re going to do it, but we have to do better than what’s happening at Coronado Park. … The status quo will not stand … This remains a complex issue and while we work to determine what’s next for Coronado, we’ll keep stepping up to get folks connected to the right services and resources. …”

Not a single one of the upwards 120 homeless people who will be displaced from Coronado Park will be housed in the Gibson Gateway Homeless shelter simply because it’s not open yet. The city has said that a large percentage of the homeless that are being displaced from Coronado Park suffer from mental illness or drug addiction. Many resist the “shelter housing” offered by the city, including the shelter housing in the west side 24-7 facility.

Over the last 10 years, Coronado Park became the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. At any given time, there are 75 to 100 homeless tents or campsites at the park with 100 to 125 homeless living on the grounds and wandering in the area. City officials have said it is costing the city $27,154 every two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

Keller himself admitted there is no real plan in place on how to deal with the closure of the park and the placement of all those that are about to be displaced. Keller essentially “pivoted” from one crisis he created known as Coronado Park to another crisis he will have to deal with when it comes to dealing the 100 to 125 homeless that are being displaced.

LOVELACE GIBSON MEDICAL CENTER PURCHASE

It was on Tuesday, April 6, 2021, that Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million. The facility is currently in the process of being be transformed into a Gateway Center Shelter for the homeless. In making the announcement, Keller said in part:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people. … what we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question.”

After his press conference, Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased. Keller said he planned to confer with residents in the future. Keller made it clear either way, like it or not, the site had been selected and the Gibson Medical facility will be used to service the homeless population as a Gateway Center.

https://www.abqjournal.com/774956/medical-center-at-old-lovelace-hospital-might-expand-to-other-uses.html

ZONING APPLICATION AND OPERATION PLAN FOR GIBSON MEDICAL CENTER

It is proposed that the Gateway Center Shelter will be open 24 hours a day, 365 days a year “homeless shelter”. The zoning for the Gibson Medical Center facility allows for an “overnight shelter” but only as a “conditional use” under the Integrated Development Ordinance that must be applied for by the city. Within weeks of purchasing the facility, the city applied for the “conditional use” arguing there is a strong need for it to enhance Albuquerque’s demand for homeless services to an ever-expanding homeless population.

In anticipation of the zoning application, the City prepared an operations plan for the Gibson site and posted it on its website. The “Gateway Center at Gibson Health Hub Operations Plan” includes the services to be provided, including transportation and dining, security and related topics and it all centers on the facility being used as temporary housing homeless shelter.

The City of Albuquerque posted on its internet web site an 11 page draft of the “Gateway Center at Gibson Health Hub Operations Plan” for the homeless shelter. The draft the operations plan is dated August, 2021. The link to the 11 page “Gateway Center at Gibson Health Hub Operations Plan” is here:

https://www.cabq.gov/family/documents/operations-plan-draft-8-21-conditional-use-app.pdf

The draft Gateway Operations Plan provides that The Gibson Health Hub (GHH) is to be an anchor facility to fill healthcare and social service gaps. A large portion of the Gateway Center will be to provide shelter and services to the homeless. The mission of the Gateway Center will be to “provide a safe and welcoming place that provides a low-barrier, trauma-informed shelter along with services to the homeless using a client-centered approach.” According to the operation plan, Gateway Center staff will conduct an assessment that will address any immediate issues that need to be resolved, including physical or medical health issues that may require a triage to more appropriate options. This may include referals for medical respite, detox or recovery programs.

The draft Gateway Operations Plan outlines that service staff will conduct a general assessment with individuals and families to verify that the Gateway Center is an appropriate option. As part of this assessment, Gateway Center staff will assess whether the presenting individual or family can be safely diverted to a non-shelter alternative. The Gateway Shelter will establish a referral process for community organizations, including other homeless assistance providers and other local service agencies.

https://www.cabq.gov/planning/documents/CRPhandbook0512.pdf

APPEAL STILL PENDING

Since the filing of the zoning application, the application has been bogged down in appeals filed by the surrounding neighborhoods. Mayor Keller himself has lamented on the very slow progress to the point that he proclaimed the facility is caught up in the endless “purgatory” of appeals.

On October 6, 2021, it was reported that hearing examiner Robert Lucero postponed a decision on the city’s application for a “conditional use” approval to use the Gibson Medical Center for “emergency overnight” shelter so the city can finish finalizing key details.

Lucero found that the city had demonstrated its shelter plan complied with Albuquerque’s Integrated Development Ordinance, but he said its case relied in part on a “draft” operations plan for the proposed Gateway Center. The city released the draft in August addressing topics like shelter intake hours, client transportation and site security. The city has yet to formalize it, which Lucero said leaves it subject to change.

Lucero wrote:

“This matter should be deferred to allow the city the opportunity to finalize and adopt the operations plan on which rests a significant portion of the justification of the shelter application. ”

The appeal is still pending with remodeling work being done without the zoning change. The city has yet to fully formalize the operations plan an no hearing will be scheduled before that is accomplished.

https://www.abqjournal.com/2435869/gateway-shelter-zoning-decision-is-postponed.html

INTEGRATED DEVELOPMENT ORDINANCE (IDO)

The Integrated Development Ordinance (IDO) includes Zoning and subdivision regulations to govern land use and development within the city of Albuquerque and establishes a system of planning. The IDO is organized into 7 Parts. Each part includes regulations for particular topic.
Private projects will be most affected by four factors:

1. How the property is zoned.
2. What uses are allowed at that location.
3. What development standards the project will need to meet, and
4. What process the project will need to go through to be approved.

do.abc- zone.com/#:~:text=Albuquerque%20Integrated%20Development%20Ordinance&text=The%20Integrated%20Development%20Ordinance%20(IDO,the%20City’s%20system%20of%20planning.

Under the Integrated Development Ordinance (IDO), Section 14-16-7 entitled Definitions, Acronyms, and Abbreviations, the terms Overnight Shelter, Medical or Dental Clinic Hospital are defined as follows:

OVERNIGHT SHELTER

“A facility that provides sleeping accommodations for 6 or more persons for a period of less than 24 hours with no charge or a charge substantially less than market value; it may provide meals and social services. Any such facility open to clients between 10:00 P.M. and 7:00 A.M. is considered an overnight shelter. See also Community Residential Facility, Group Home, and Campground or Recreational Vehicle Park.”

MEDICAL OR DENTAL CLINIC

“An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of licensed health care practitioners, dentists, or licensed health care practitioners and dentists in practice together.”

HOSPITAL

“An establishment that provides diagnosis and treatment, both surgical and nonsurgical, for patients who have any of a variety of medical conditions through an organized medical staff and permanent facilities that include inpatient beds, medical services, and continuous licensed professional nursing services. This definition includes any facility licensed by the state as a general, limited, or special hospital.”

THE CITY’S HOMELESS NUMBERS

The Department of Housing and Urban Development (HUD) defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” HUD defines “unsheltered homeless” as “those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.”

Homeless providers consistently say the City has upwards of 5,000 homeless or near homeless. The city has upwards of 10 homeless service providers on contract and many of those 5,000 are already being provided with services. The real challenge is to convince that portion of the 5,000 who absolutely do not want any kind of services or help of any kind.

Each year the “Point in Time” (PIT) 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 done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD).

According to the most current PIT annual report, there were 1,567 sheltered and unsheltered homeless people living in Albuquerque. The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless. The 2020 homeless count is 2.8% higher than in 2019 and 18.9% more than in 2017, despite the pandemic limiting the 2021 counting efforts.

The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.
Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition.
21% said they were homeless due to COVID.
37% were experiencing homelessness for the first time.
12% were homeless due to domestic violence.
30.19% of the homeless in Albuquerque self-reported as having a serious mental illness.
25.5% self-reported as substance abusers.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

CITY’S FINANCIAL COMMITEMENT TO HELP HOMELESS OR NEAR HOMELESS IN THE MILLIONS

This past fiscal year 2021 ending June 10, 2021, the Family and Community Services Department and the Keller Administration have spent upwards of $40 Million to benefit the homeless or near homeless. The 2021 adopted city budget for Family and Community Services Department provides for emergency shelter contracts totaling $5,688,094, affordable housing and community contracts totaling $22,531,752, homeless support services contracts totaling $3,384,212, mental health contracts totaling $4,329,452, and substance abuse contracts for counseling contracts totaling $2,586,302.

The link to the 2021-2022 city approved budget is here:

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

Mayor Keller’s 2022-2023 approved budget significantly increases 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.

The 2022-2023 proposed budget for the Department of Community Services is $72.4 million and it will have 335 full time employees, or an increase of 22 full time employees.

A breakdown of the amounts to help the homeless and those in need of housing assistance is as follows:

$42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than last year.

$6,025,544 total for emergency shelter contracts (Budget page 102.), down $396,354 from last year.

$3,773,860 total for mental health contracts (Budget page105.), down $604,244 from last year.

$4,282,794 total homeless support services, up $658,581 from last year.

$2,818,356 total substance abuse contracts for counseling (Budget page 106.), up by $288,680 from last year.

The link to the 2022-2023 budget it here:

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

The millions being spent each year by the city to deal with the homeless with the “housing first” policy should be more than sufficient to deal with housing the homeless.

BERNALILLO COUNTY BEVHAVIORAL HEALTH TAX FOR SERVICES

On February 26, 2015, the Bernalillo County Commission approved a 1/8% gross receipts tax increase on a 3-2 vote to fund new behavioral and mental health services to improve access to mental and behavioral health care services in the county. The tax generates approximately $20 million annually.

The intent for the tax is to invest the funding “in proven ways to better manage the high cost of addiction, homelessness and mental health problems”. According to a county commission announcement, “these issues impact families throughout the community and drive up the cost of public services, especially at the Metropolitan Detention Center.” The gross receipts tax costs shoppers one cent on a $10 purchase of goods and services.

https://www.bernco.gov/uploads/files/BH%20news%20release%20PDF.pdf

Studies suggest that nearly 50% of Bernalillo County residents needing mental health or addiction treatment services are not getting the help they need because of gaps in New Mexico’s behavioral health care. Untreated behavioral health conditions have led to increased and sometimes tragic interactions with law enforcement and the homeless and mentally ill, jail incarceration, overuse of hospital emergency and inpatient services, and unnecessary suffering on the part of patients and their families.

KOB 4 contacted APD and asked them to quantify how they are enforcing the law when it comes to the low-level, nonviolent offenses committed by the homeless. An APD spokesman told KOB that since the beginning of 2022 there have been issued 2,308 citations to the homeless and issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants.

The link to the unedited KOB 4 news story is here:

https://www.kob.com/new-mexico/unm-law-professor-weighs-in-on-mayors-claims-about-homelessness/

COMMENTARY AND ANALYSIS

Mayor Tim Keller has been very short sighted and has been feckless in his efforts to convert a facility designed, built and zoned for a hospital or medical services for an overnight homeless shelter that requires special zoning for a “conditional use” or “special use”.

Because Mayor Tim Keller has created a crisis with the closure of Coronado Park, he needs to “rethink” his desire to convert the massive Gibson Medical Center into a 24-7 homeless shelter. Mayor Keller should seek to dedicate the massive 572,000 square-foot Gibson Medical complex to a “Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center.” This will allow the facility to be used for many who will be displaced from Coronado Park.

The highest and best use for the Gibson Medical Center facility is a hospital or medical facility, the purpose for which it was originally built for and for which it is already zoned. If that happens, there is no need for a “conditional use” or “special use” for the facility. A hospital or medical facility can be open immediately at the Gibson Medical Center, operated 24-7 and making available space for 201 patients and beds.

The Gibson Medical facility needs to be staffed with full time physicians, counselors, social workers and mental health experts to provide the needed care to the homeless who are suffering from addiction or mental illness. Services and medical and mental health care at the center should be offered to the homeless with a “self-commitment” component for a period of time that will guarantee access to the necessary medical and mental health services.

Efforts should be made by the city to seek emergency funding from Bernalillo County Commission and the behavioral health tax with a “Memorandum Of Understanding” for the county to staff the facility while the city operates, maintains it, remodels it and provides security.

For the last 5 years, the Albuquerque City Council has acted as a very silent partner with Mayor Keller and his policies to deal with the homeless. That must stop. In the event that Mayor Keller refuses to reconsider converting the Gibson Medical Center to a homeless shelter, the City Council needs to exert its oversight and budgetary authority and enact a resolution dedicating the Gibson Medical Center as a “Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center.” Included in such a resolution would be funding for the project.

Too many elected and government officials, like Mayor Tim Keller, have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations. Mayor Tim Keller should find other “housing first” facilities and options for shelters, including remodeling the West Side Shelter.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Unlawful encampment homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and want to camp at city parks really give the city no choice but to make it totally inconvenient for them to “squat” and force them to move on and out of the city or be arrested by APD for violating our laws.

The city has a moral obligation to help the homeless who suffer from mental illness and drug addiction. Shelters in and of themselves do not address the lack or need to provide medical and psychiatric care and drug rehabilitation and counseling. A homeless behavioral health hospital and drug rehabilitation treatment center at the Gibson Medical Center would fill that void and provide a facility that is absolutely necessary to provide medical health care to the homeless.

On August 2, the Albuquerque Journal reported on its front page that just 2 days after the city began accepting applications for “safe outdoor spaces”, a newly formed corporation identified as Dawn Legacy Pointe has submitted an application. It was reported that Dawn Legacy Pointe intends to create a safe outdoor space at 1250 Menaul NE, a parcel of open space just west of Interstate 25. It proposes accommodating up to 50 residents, the maximum number allowed under current law. All the encampment residents will not be confined to the area and will be able to go and come as they please without restrictions.

There is a vacant building and at least 3 large vacant lots located at 1250 Menaul, NE. Although the Journal reported the address of the property as 1250 Menaul, it did not report the surrounding businesses nor even the school in the area. Less than a half mile and within walking distance from the property is Menaul School, which is a private boarding school for 6th to 12th graders. Directly across the street from the property is the T-Mobile Call Center and a Quality Inn & Suites. Going West on Menaul and one block from the property is Carington College and two apartment complexes. Directly West and bordering the property is Sunset Memorial Park and Cemetery. Immediately East of the Freeway is a truck stop and the Crown Plaza Hotel. It is likely only those in the vicinity who will not object to the Safe Outdoor Spaces homeless encampment are those at Sunset Memorial Park and Cemetary

According to the Journal story, Dawn Legacy Pointe is still in its infancy. Kylea Good is the board chairwoman. She said that Dawn Legacy Pointe submitted corporation formation paperwork to the New Mexico Secretary of State and that it will eventually seek 501c3 status from the IRS. Until then the local nonprofit “Street Safe New Mexico” is overseeing its finances. Good said it will cost an estimated $120,000 to $180,000 to operate the cite its first year. Family and Community Services Director Carol Pierce said that although the project’s budget is not final, the City of Albuquerque intends to help cover the operating costs.

Kylea Good said it would likely be easy to find people and most likely women, though it will not exclude men, willing to stay at the camp. She said she hoped to have the encampment up and running by October and she told the Journal:

“I wouldn’t be surprised if we maxxed out. The truth of the matter is it’s not like we’re looking at just one area. There’s a lot of [human] trafficking and exploitation that goes on around that area of Menaul, but you have a whole city that is dealing with it.”

Brad Day, a local businessman and advocate for safe outdoor spaces, is advising Dawn Legacy Pointe. He told the Journal:

“We did all the documents, and now what we’re going to do is basically work on the logistics of getting all the stuff we need, the tents, the sleeping bags, the air mattresses, get the fence built.”

The link to the full unedited Journal news article is here:

https://www.abqjournal.com/2521238/city-sees-1st-application-for-safe-outdoor-space.html

OTHER APPLICATIONS EXPECTED DESPITE MORITORIUM REQUEST AND POTENTIAL REPEAL OF SAFE OUTDOOR SPACES

On July 19, the on line news agency the New Mexico Sun broke the story that applications for “safe outdoor spaces” have been filed with the city Planning Department and that private funding is being sought for at least 6 encampments. An application for safe outdoor space zoning will lock into the existing zoning laws when the zoning application is completed. In the interim between when the Integrated Development Ordinance amendment goes into effect and when the provision is repealed, the application can be processed and approved by the city.

It was on June 6, the City Council enacted an amendment to the Integrated Development Ordinance (IDO) to allow for city sanctioned “Safe Outdoor Spaces”. “Safe Outdoor Spaces” are city sanctioned homeless encampments located in open space areas that will allow upwards of 50 homeless people to camp, require hand washing stations, toilets and showers, require a management plan, 6-foot fencing and provide for social services.

Safe outdoor spaces are allowed in some non-residential and mixed-use zones and must be at least 330 feet from zones with low-density residential development. The restrictions do not apply to campsites operated by religious institutions. Under the IDO amendments, Safe Outdoor Spaces are allowed for up to two years with a possible two-year extension.

On June 22, after tremendous public outcry and objections, two bills were introduced that would repeal safe outdoor spaces. One bill introduced would stop the city from accepting or approving safe outdoor space applications and the other will eliminate “safe outdoor spaces” from the zoning code altogether. During the June 22 meeting the council did not act on the two bills and failed to enact the legislation that was to provide for rules and regulations promulgated by the Keller Administration for “safe outdoor spaces”.

June 22 was the last meeting of the City Council before it went on “summer break” until August 1. The city council’s failure to take action on either the bills stopping the application process or repealing the land use resolution resulted in “safe outdoor spaces” becoming a permissible land use on July 28 and people can apply for the land use.

During the August 1 City Council meeting, Republican City Councilor Brook Basaan successfully pushed for an expedited vote on the moratorium bill. With support from Republican City Councilors Renee Grout, Trudy Jones, Dan Lewis and Democrats Klarissa Peña and Louie Sanchez, Bassan was able pull the bill out of the Council’s standard committee process. Voting against the measure were Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn. The vote on the moratorium is now scheduled for an August 15 vote.

MAYOR KELLER ANNOUNCES ADMINISTRATION IS “REVISITING” HOMELESS POLICIES

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

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

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

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

On July 6, after intense public outcry and objections over “safe outdoor spaces” Mayor Tim Keller again announced that his administration is “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller expressed the intent to initiate major changes on how to deal legally with homeless encampments.

The links to quoted news sources are here:

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

https://www.abqjournal.com/2513915/keller-to-revisit-citys-encampment-strategy.html

CLOSURE OF CORONADO PARK

On July 25, Mayor Tim Keller announced closure of the unsanctioned homeless encampment at Coronado Park. Over the last 10 years, Coronado Park became the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. City officials have said it is costing the city $27,154 every two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return. The major factor in closing the park is crime.

Criminal activity has spiked at the park over the past three years. The city park has an extensive history lawlessness including drug use, violence, murder, rape and mental health issues. City officials said that upwards 120 people camp nightly at the park. Homeless occupants will be told of other housing options offered by the city. The city will continue to offer services and housing options to those using Coronado Park, including making limited property storage available to those who are interested or in need of it.

COMMENTARY AND ANALYSIS

It is pretty damn amazing when Kylea Good proclaims that the Safe Outdoor Space encampment she is advocating for will likely be occupied by woman first saying “I wouldn’t be surprised if we maxxed out. The truth of the matter is it’s not like we’re looking at just one area. There’s a lot of [human] trafficking and exploitation that goes on around that area of Menaul.” When she uses the words “trafficking and exploitation”, she is talking about woman who are victims of crime such as kidnapping or forced prostitution. She is saying that she wants to provide tents in city sanction encampments to woman who have already been victimized believing she is somehow being compassionate when such woman need actual, permanent housing that is safe and secured and not living in a tent city.

Both Kylea Good and Brad Day are being way too presumptuous, if not downright sneaky, with the application and their plans to establish a safe outdoor space and their attempts to give the perception or ostensibly believing that it’s a done deal. They both know the council could very easily repeal the IDO amendments on August 15, but they refuse to take no for an answer and persist with the applications. This is what you call just ignoring public opposition to a zoning policy. This is what you call cramming you own political agenda down the public’s throats.

The truth is, and despite what Kylea Good and Brad Day may believe, the application for a safe outdoor space as a “permissive use” or “conditional use” is only the first step in the process. A Zoning Hearing Examiner must review and decide if the special safe outdoor space use will be allowed. Public notice must be given to surrounding property owners and the general public. A notice of zone change must be posted on the property and adjoining landowners and neighborhood must be given the opportunity to attend and be heard by the zoning hearing officer. Whatever the zoning hearing officer decides can be appealed to the Albuquerque City Council who has ultimate and final authority to grant or deny the award of the permissive use or conditional use zone change.

This is what you call an arrogant Mayor Tim Keller and an equally arrogant Family and Community Services Director Carol Pierce thumbing their noses at the Albuquerque City Council and the public. When Pierce announces that the City intends to help cover the operating costs of the Dawn Legacy Pointe “Safe Oudoor Space” encampment even before it has been approved, she no doubt had the blessing of Keller. The funding no doubt will come from the $750,000 approved by the City Council in the 2022-2023 budget for “Safe Outdoor Spaces.” If she did not have Keller’s blessing, he owes the public an explanation and she needs to be disciplined or perhaps removed as Director of the Family and Community Services Department.

If Mayor Tim Keller was truly committed to “revisiting” his policies on the homeless as he has said, then he should have issued an executive order suspending or placing a “moratorium” on the application process for “safe outdoor spaces”. He has such executive authority to give such an order to the Planning and Zoning Department and Planning Department Director Alan Varela, but he did not.

What Mayor Keller should have learned from Coronado Park, and all the violent crime that has occurred there, is that government sanctioned homeless encampments that “Safe Outdoor Spaces” embody simply do not work. They are magnets for crime and will likely become a public nuisance that is injurious to public health, safety and welfare and will interfere with the exercise and enjoyment of public rights, including the right to use public property. The practical effect of the Safe Outdoor Spaces will be to create “mini” Coronado Parks.

The homeless crisis will not be solved by the city, but it can and must be managed. Providing a very temporary place to pitch a tent, relieve themselves, bathe and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis and is what safe outdoor spaces represent. The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

Mayor Tim Keller should issue and executive ordered moratorium to be in place until the City Council has the opportunity to vote one way or the other on August 15 to repeal the legislation authorizing Safe Outdoor Spaces and enact rules and regulations on managing safe outdoor spaces if there is a failure to repeal. Should the City Council repeal the Safe Outdoor Space amendment, they need to take it a step further and defund the $750,000 for operation of Safe Outdoor Spaces and the $200,000 for developing other sanctioned encampment programs.

Mayor Keller’s failure to act amounts nothing more than refusing to respect the Albuquerque City Council as a policy body and the public who opposes the government sanction encampments know as Safe Outdoor spaces.

The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis. Safe Outdoor spaces encampments violates the city’s “housing first” policy by not providing a form of permanent housing.

The 2022-2023 adopted city contains $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model and $24 million in Emergency Rental Assistance from the federal government.

“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. If the City allows applications for “safe outdoor spaces” to proceed and approves them, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.

The public needs to make their opinions known and tell Mayor Tim Keller to issue an executive order suspending or placing a moratorium on the application process and tell city councilors to demand that he issue such an order so that they can vote on the repeal.

The email addresses and phone numbers to contact Mayor Keller and Interim Chief Administrative Officer Lawrence Rael and each City Councilor and the Director of Counsel services are as follows:

MAYOR’S OFFICE PHONE: (505) 768-3000
CITY COUNCIL PHONE: (505) 768-3100

EMAIL ADDRESSES

tkeller@cabq.gov
lrael@cabq.gov

lesanchez@cabq.gov
louiesanchez@allstate.com
ibenton@cabq.gov
kpena@cabq.gov
bbassan@cabq.gov
danlewis@cabq.gov
LEWISABQ@GMAIL.COM
patdavis@cabq.gov
tfiebelkorn@cabq.gov
trudyjones@cabq.gov
rgrout@cabq.gov
cmelendrez@cabq.gov

On July 26, Federal District Judge James Browning, who is overseeing the Court Approved Settlement Agreement and the implementations of the police reforms, held an all-day status conference for the formal presentation of the 15th Federal Monitor’s report and to hear from all the parties to provide input on the report and the reforms.

Upwards of 100 people attended the hearing by ZOOM conference. The hearing was a dramatic reversal from previous hearings that have contained acrimony between the parties.

Participants and presenters from the City, officials of the Albuquerque Police Department, the Department of Justice and Amici Stakeholders all expressed optimism during the hearing which was in sharp contrast to previous hearings. It was the first time that some participants expressed the belief that there is an end in sight to the 8-year pending case.

Paul Killebrew, Deputy Chief of the Department of Justice’s Civil Rights Division had this to say:

“What I will say, from our observations of the DOJ team, is that we see that there are champions of reform within the Albuquerque Police Department. I believe that now there are more folks than there have been in the past … We also see that those champions of reform are growing and developing the next generation of leaders at APD. So, those are all promising developments. … But it’s fragile. We need to make sure that these trends continue.”

FEDERAL MONITOR JAMES GINGER

During the July 26 status conference hearing, Federal Monitor James Ginger repeated much of the findings he made in his 15th Federal Monitors report. Ginger confirmed that much progress had been made and said that the “policy product” achieved was a major accomplishment. He told the court that that training had become an “organizational accomplishment” and that there was 100% in policy compliance.

The Federal Monitor’s 15th report was a dramatic reversal from the past 3 monitor’s reports. At the end of the reporting period, APD’s compliance levels are:

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

These are the highest compliance level numbers since the Court Approved Settlement Agreement (CASA) 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.

In the Federal Monitors IMR-14 report filed on November 12, 2021, the Federal Monitor reported the 3 compliance levels were as follows:

Primary Compliance: 100 %; (No change from before)
Secondary Compliance: 82 %; (No change from before)
Operational Compliance: 62 % (An increase 3% points from before)

When APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains compliance for 2 consecutive years, the case can be dismissed.

Operational Compliance is the hardest compliance level to achieve. Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

EDITOR’S NOTE: The link to a related blog article entitled “Federal Monitor Files 15th Report On APD Reform Compliance; Dramatic Progress Made; Sergeant and Lieutenants Still “Weakest Link” On Holding Officers Accountable; No Superintendent Of Police Reform; Chief Medina Says Wants To Achieve 100% Compliance In Two Years” is here:

https://www.petedinelli.com/2022/05/18/federal-monitor-files-15th-report-on-apd-reform-compliance-dramatic-progress-made-sergeant-and-lieutenants-still-weakest-link-on-holding-officers-accountable-no-superint/

Ginger noted that APD needs to continue to focus on Sergeants, Lieutenants and Commanders to ensure compliance that if they fail, they need to be “identified, removed or disciplined.” He said that a critical component still missing or could be improved is “vigilance in discipline”. What Ginger said was needed is “relentless, gentle pressure” on supervisors for sustained compliance. Ginger noted that once APD achieves the 95% compliance in the 3 compliance levels, the two years of subsequent compliance will be the most difficult time for the department.

In at least 4 prior Independent Monitor’s Reports, Federal Monitor James Ginger has been scathing in his assessment of APD going so far as to criticizing the quality of use-of-force investigations by APD and what he called a “counter CASA” attitude among APD Lieutenants and Sergeants where they intentionally resist the reforms.

In the 15th report, Ginger scaled down the criticism but none the less identified lieutenants and sergeants as the weakest link in the reform process. Ginger said this:

“A significant number of CASA paragraphs were addressed by new training at APD during this reporting period. The training tempo has increased significantly, and the quality of training also increased markedly.”

The weak points of APD’s compliance efforts remain the same as they were in IMR-14: supervisors and mid-level command personnel continue to be the weak link when it comes to holding officers accountable for their in-field behavior. Until that issue is resolved, further increases in APD’s compliance levels will be difficult to attain.”

Federal Monitor James Ginger was severely criticized by the City and APD when he issued his 14th Report that what highly critical of APD, so much so that the City and APD expressed the opinion that he should be replaced. During the July hearing on the 15th report, Judge Browning pointedly ask the DOJ, the City and APD officials if they were now satisfied with Ginger’s performance, and both said yes. DOJ Attorney Paul Killebrew for his part said that Ginger was performing well and that he has given “good advice” especially on the need for close supervision.

EFIT TEAM MAJOR TOPIC OF DISCUSSION

During the July 26 status conference, the External Force Investigation Team (EFIT) was a major topic of discussion. It was revealed that in December 2020 APD Internal Affairs Force Division unilaterally stopped investigating new use of force cases by APD officers. The work stoppage created a backlog of 667 cases where, even if an officer was found to have violated policy, discipline was not possible.

Things became so bad that the Department of Justice placed the city on notice that it was seriously considering filing a Motion for Contempt of Court to seek sanctions against the City for intentional noncompliance with the CASA. Other stakeholders in the case became enraged over the backlog that they demanded that the Federal Court intervene and order a Special Master be appointed to take over APD.

It was on Friday, December 4,2020 during an all-day status conference hearing on the 12th Compliance Audit Report of the APD reforms mandated, it was revealed publicly for the first time that the City and the DOJ were negotiating a “stipulated order” for court approval that would create and External Force Investigations Team (EFIT).

During the hearing, Paul Killebrew, special counsel for the DOJ’s civil rights division, said that after the 12th Federal Monitor’s report was released on November 2, the DOJ and the City realized that something had to be done. If not agreed to by the city, the DOJ would have to take very aggressive action. Killebrew told Judge Browning:

“The city agreed the problems were serious and needed to be addressed … that’s significant. If we had gone to the city and the city disagreed with our picture of reality, and had they not been willing to address the problem we identified, I think we would be in a different posture … We might have needed to seek enforcement action over the city’s objections.”

On February 26, 2021, the City of Albuquerque and the United States Department of Justice (DOJ) entered into a Stipulated Agreement filed with the United States District Court to stay a contempt of court proceeding against the city for willful violations of the Court Approved Settlement Agreement (CASA). The Stipulated Order established the External Force Investigation Team (EFIT).

The EFIT is on call 24 hours a day, seven days a week. It is required to respond to all police use of force call outs within 1 hour of notification. All Use of Force (“UOF”) investigations undertaken by the EFIT must be completed within 60 days with an additional 30-day supervisory review period for a total of 90 days from start to finish. Pursuant to the Federal Court Order, EFIT must conduct joint investigations with APD Internal Affairs Force Division (“IAFD”) of all Level 2 and Level 3 Use of Incidents. This includes all Tactical Deployments where there is APD police Use of Force is utilized. EFIT must also assist APD with training concerning its Use of Force policies.

During the July 26 hearing, the Associate Federal Monitor Toms revealed that no new cases have been added to the backlog and all cases have been completed within the required deadlines. A pilot project has been initiated to lower force review and use of force complaints.

It was announced that EFIT has assumed responsibility to investigating all 667 cases in the backlog. Of 20 cases that have been investigated so far, all were found to be within policy, according to EFIT’s administrator.

Jared Hager with the Force Investigations said the EFIT team is above the staffing levels as was originally agreed to and it is staffed with 28 investigators and not 25. Hager said the backlog of 667 has a “dragging effect” on compliance levels for use of force investigations. It was also reported that “force deployments” by APD have been reduced and TAZER deployment levels have been improved.

During the July 26 hearing, Judge Browning asked if the EFIT team should be made permanent. EFIT has a two-year contract and concerns were raised for what happens after the contract is completed. DOJ attorneys, city administration, the monitoring team and interested community groups essentially agreed that EFIT was having a beneficial effect on APD. Notwithstanding, they stressed that EFIT is supposed to be a temporary solution.

DOJ Attorney Paul Killebrew did say making EFIT permanent and using out of state experts may be too costly. However, he did say if the city decided to keep it, the DOJ would want to talk about it.

SEARCH FOR SUPERINTENDENT OF POLICE REFORM CONTINUES

During the July 26 hearing, numerous speakers, including the amici groups and Judge Browning raised questions about the position of “Superintendent of Police Reform”. Judge Browning asked the question if the position was really needed in that the position is not required by the CASA.

It was on March 9, 2021 that Mayor Tim Keller announced the creation of the newly created position who would be in charge of the police academy, internal affairs including discipline and use of force review. Keller also announced the appointment Sylvester Stanley as the “Superintendent of Police Reform”. Stanley retired on December 1, a mere 9 months after his appointment with APD Deputy Chief Eric Garcia was appointed “interim” Superintendent of Police Reform”.

On Monday, April 25, Mayor Tim Keller announced that he had nominated La Tesha Watson, Ph.D., as the new Superintendent of Police Reform. Dr. LaTesha Watson has 25 years of policing experience who most recently served as the director of the Office of Public Safety Accountability for Sacramento having served in that position since April, 2020. Prior to that she was the chief of the Henderson Police Department in Nevada for 16 months.

On May 3, one week after the Dr. LaTesha Watson appointment was announced, the City issued a press release announcing it was not moving forward with her nomination of for the position and that the hiring process will continue. The reasons given by the City for not going forward with the Watson hire were not clearly delineated by the city leading to much speculation. In a press release, the city said that after a series of in person meetings it was discovered she “brought alternative ideas and views about the path forward on reform, but the candidate and the administration identified key differences in our approach to the role and for continued progress in Albuquerque”.

Attorney Peter Cubra who represents the McClendon Amici group expressed dismay over the city’s reluctance and reasons for not hiring Watson and said by all accounts she was indeed a perfect choice.

Under a line of questioning by Judge Browning, City Attorney Lauren Keefe declined to state why Watson was not hired. She did say Watson was never on the payroll and Mayor Kelller’s reasons for not going forward with the appointment was a personnel matter that was confidential.

Judge Browning did ask “interim” Superintendent of Police Reform Eric Garcia if he has applied to be made permanent to which Garcia replied yes saying he wanted to complete the work he has started on the reforms.

In response to questions during a July 28 news conference, Chief Administrative Officer Lawrence Rael said the city is evaluating the structure of the job and could be changing its function to “provide more long-term sustainability.”

What complicates matters is that for almost a full 6 months, Mayor Tim Keller has not appointed a Superintendent of Police Reform raising questions if the potion is needed or ever was needed.

CITY OFFICIALS SAY “END IN SIGHT” TO CASA

On May 11, when Federal Court Appointed Independent Monitor James Ginger filed his 15th Report, APD Police Chief Medina was quick to react and say it was “great news” and to take credit for the latest improvements in APD’s compliance. Medina said APD’s goal is for the department to be in full compliance with the Court Approved Settlement Agreement in 2 years. Medina said this about the 2-year goal:

“We may not meet that goal, and we could get criticized later that we didn’t meet our goal. But we’re going to set the goal … . We’re going to believe in ourselves and we’re going to try our best. If, 2 years from now, we recognize we need one more period, well, you know what, it’s a whole lot better than anybody else has done.”

The links to quoted news sources are here:

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

https://www.kob.com/new-mexico/new-doj-report-shows-progress-for-apd/

During the July 26 Status Conference report, the DOJ attorneys and Independent Federal Monitor Janes Ginger agreed that the two-year goal set by Chief Medina was possible. However, Ginger cautioned that, after the city gets into full compliance, it has to maintain the compliance standing in all 3 compliance levels for 2 years. Ginger said this:

“I hate to throw water on the parade. [Once compliance levels ar achieved]. that, in my experience, has been when things are the toughest … I know APD has put a great deal of effort into this process, they’ve hired a great deal of external talent, which is has made a big difference in this process. But that gentle pressure relentlessly applied is what will carry them over the finish line. And I want everybody to be cognizant of that.”

OTHER HEARING HIGHLIGHTS

Other highlights of the July 26 hearing include the following:

1. Judge Browning asked the City and the DOJ attorneys and others if they were satisfied with the job performance of Dr. James Ginger and his team and all said that they had no objections.

2. Judge Browning asked State Representative and private Attorney Moe Maestas who represents an Amici Group of concerned citizens, raised the issue that it is still very problematic that the management of APD Sergeant and Lieutenants are allowed to be part of the police union and they cannot serve the two masters of union priorities and management priorities. Judge Browning asked if anything really could be done, to which Maestas responded that the legislature enacted a very broad collective bargainin act for public employees and said that it’s an issue between the city and the union. What Maestas failed to point out is that the state statute is clear that management is prohibited from joining government employee unions and that the City’s collective bargaining agreement that allows sergeants and levitants to join the police union likely violates the stat collective bargaining statute.

3. APD Chief Harold Median Medina told Judge Browning there has been a beneficial effect on recruiting and retaining officers since Mayor Keller announced a portion of the CASA would be self-monitored. According to an APD, the department has experienced 23% fewer officer retirements, resignations and terminations so far this year than it had at this time in 2021. Medina said there are now 885 officers on the force.

EDITOR’s NOTE: APD is fully funded for 1,100 sworn police. Four years ago, Mayor Tim Keller announced the goal of 1,200 sworn and for a full 4 years, APD has failed to attain even 1,000 sworn police and 1,200 sworn police has been very elusive even with substantial increases in pay.

4. During a July 27 press conference, APD Chief Medina said that following Mayor Keller’s State of the City, the department started seeing an increase in lateral applicants to the police force almost immediately. Medina said this:

“We know that a lot of these changes do help us with our recruiting efforts…and we’re hoping that we could use this positive momentum to continue to move the department forward.”

5. Medina proclaimed APD has a 97% homicide clearance rate thus far for 2022.

EDITOR’S NOTE: Medina’s claim of 97% clearance rate is highly misleading and represents the murder investigations done for a 6-month period and only involves those murder cases actively being investigated by APD during that time period. The FBI’s method of calculating clearance rate is blunt math dividing the number of crimes that were cleared, no matter which year the crime occurred, by the number of new crimes in the calendar year. Using the FBI method of calculating murder clearance rates, clearing 34 cases out of 184 total cases for 2021 and 2022 is actually an 18.2 % clearance rate, not the 97% Medina is claiming.

6. Medina told Judge Browning that the department is experimenting with changes on the handling investigations into the lowest levels of force. A pilot program in two area commands has taken such investigations out of the hands of field supervisors and assigned trained investigators thereby given relief to other sworn personnel.

7. According to Medina, APD realized that a third of all investigations involve officers not turning on their lapel cameras or downloading videos. As a result APD secured new equipment with technology that automatically starts downloading when an officer is at a city facility.

8. Assistant United State Attorney Elizabeth Martinez reported that the Civilian Police Oversight Board is in a rebuilding process. The turmoil within the Civilian Police Oversight Board and the 6 resignations from the board were noted prompting Judge Browning to ask “Is there really anything to be encouraging about the Citizens Police Oversight Agency?” It was pointed out that the agency has no real authority over APD and that it is powerless over APD and acts in an advisory capacity. However, it was felt there was a definite need for the agency as well as the Community Policing Councils.

The link to quoted news source material is here:

https://www.abqjournal.com/2519826/officials-say-end-in-sight-for-apd-reform-effort.html

AGREEMENT TO SUSPEND 25% OF CASA MONITOTING

In a July 27 news release, the Albuquerque Police announced that the city and the U.S. Department of Justice have agreed to suspend several paragraphs of the Court Approved Settlement Agreement (CASA.) According to APD, the agreement “essentially removes about a quarter of oversight requirements.”

The suspension of oversight requirements will affect several different areas of the department. The city reached an agreement with the DOJ to suspend the monitoring of upwards of 25% of the paragraphs in the CASA. Those paragraphs have all been in operational compliance for more than 5 years. APD and DOJ representatives solidified the partial oversight requirement suspension during a virtual hearing on July 26. The changes will go into effect on August 1 of this year.

Under the stipulated agreement between the City and the DOJ, the city will now self-monitor 62 paragraphs of the CASA. According to a news release, APD said the following areas have maintained operation compliance:

• Establishing and participating in the Multi-Agency Task Force, which investigates shootings and other critical incidents by law enforcement
• Developing policies, training and ways to track deployments for specialized units, including the SWAT team, canine unit and bomb squad, and specialized investigative units
• Providing behavioral health training for cadets, officers and telecommunicators
• Revising the field training program for new officers
• Publishing information on how people can make complaints to the Civilian Police Oversight Agency
• Developing recruitment plans, an objective system for hiring practices and fair practice for promotions
• Offering officer assistance and support, especially for mental health

Mayor Tim Keller had this to say in a press release about the agreement:

“This is a major milestone that reflects our decision last year to take control of a Department of Justice reform process that was backsliding. … After years of officers buried under bureaucracy and weighed down by low morale; we refused to give up on reform or cede control of local police work to federal control. Now, we continue to be committed to real reform, but at a much faster pace; rejecting ideas that are patently bad for crime fighting and we are standing up for truth in the process.”

APD Chief Harold Medina for his part had this to say about the agreement in a press release:

“We pointed out in court today that APD’s progress is here to stay. … We demonstrated that we are committed to the changes made in several key areas, and we no longer need federal oversight. We are making similar progress throughout the department, and we will shift resources to meet the remaining challenges we face.”

At a news conference on July 27, Chief Administrative Officer Lawrence Rael said this:

“There is an end in sight to this reform. … We are now beginning to see that the morale in this department is starting to lift. … That the work that the department has done from every level of the department – from the chief’s office to the rank-and-file officer in the field – that the reform is taking place and taking hold. That’s really important. It’s good for Albuquerque and our community. But it’s especially important for this department to continue to move forward.”

Links to quoted news source materials are here:

https://www.krqe.com/news/albuquerque-metro/apd-will-soon-have-less-federal-oversight/

https://www.abqjournal.com/2519826/officials-say-end-in-sight-for-apd-reform-effort.html

https://papernewslive.com/apd-doj-agree-to-back-off-some-federal-police-reforms/135256/

COMMENTARY AND ANALYSIS

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 is commended for attaining a 100% Primary Compliance rate and a 99% Secondary Compliance.

Notwithstanding, APD is still struggling mightily with Operational Compliance at 70% compliance. Operational compliance is the single most important compliance level, and the most difficult to achieve, of all 3 and it is where the “rubber hits the road” with respect to the reforms.

Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency. It is achieved when line personnel are routinely held accountable for compliance by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

The problem is that the Federal Monitor has repeatedly found that APD sergeants and lieutenants are resisting the reforms and he did so in the 15th report but with a water down assessment. Amici parties also declined to be highly critical of the police union and declined to be critical as they had done in the past.

This was the case even though a controversy arose and APD actions were again thrust into the limelight when SWAT was dispatched to take into custody a fugitive held up in a home and they discharge a “flash” grenade. The house caught on fire and a 14-year-old boy hiding in the home died of smoke inhalation. Medina has now requested an investigation by the Attorney General on the conduct of those in charge which would include Sergeants and Lieutenants.

REMOVE SERGEANTS AND LIEUTENANTS FROM POLICE UNION

The Federal Monitor has found repeatedly it is APD sergeants and lieutenants who are resisting management’s implementation of the DOJ reforms. Sergeants and lieutenants are where the rubber hits the road when it comes implementation of the 271 reforms.

It is difficult to understand why Federal Court Appointed Monitor James Ginger essentially downplayed and did not come out and say that the Counter CASA effect is still alive and well within APD. What is also difficult to understand is Ginger’s reluctance to tell the court that APD’s sergeants and lieutenants need to be removed from the police union. His dismisses such recommendations as “not my job” yet he complains and knows full well of the obstruction tactics of the union which are not expected to go away after 7 full years.

Sergeants and lieutenants need to be made at will employees and removed from the collective bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA. APD Police sergeants and lieutenants cannot serve two masters of “Administration Management” and “Union Priorities” that are in conflict when it comes to the CASA reforms. Sergeants and lieutenants are management and need to be removed from the union in order to allow APD management to take appropriate measures to ensure the reforms are accomplished or hold those sergeants and lieutenants who continue to resist the reforms accountable.

APD Chief Medina’s goal for the department to be in full compliance with the Court Approved Settlement Agreement in 2 years is commendable. However, based on 8 years of obstructionist tactics by the APD Police Union and APD’s Sergeants and Lieutenants who are union members, going from 70% to 100% in Operational Compliance is easier said than done given how long APD was stuck at mediocre compliance levels for 8 years.

The city and APD need to remember what Ginger said:

“… supervisors and mid-level command personnel continue to be the weak link when it comes to holding officers accountable for their in-field behavior. Until that issue is resolved, further increases in APD’s compliance levels will be difficult to attain.”

On July 29, it was reported that the City of Albuquerque and Mayor Tim Keller teamed up with Sony Pictures Television and the cast and crew of “Breaking Bad,” including lead actors Bryan Cranston and Aaron Paul, to unveil two larger-than-life bronze statues of the fictional characters Walter White and Jesse Pinkman. These two characters are now ingrained in international “pop culture” since the show began airing in January 2008. The series was filmed and based in Albuquerque during its entire run, eventually becoming an international cultural juggernaut. The statues were designed by Trevor Grove and were donated by Sony Pictures Television and series creator Vince Gilligan to celebrate its impact on Albuquerque. The cost of the bronze statue was not disclosed.

Links to related news coverage:

https://www.kob.com/news/us-and-world-news/breaking-bad-statues-shine-light-on-actors-albuquerque/

https://www.abqjournal.com/2520581/breaking-the-mold-ex-city-unveils-walter-white-jesse-pinkman-stat.html

Writer and commentator Rudolfo Carrillo, who was news editor at the Weekly Alibi where he used the pen name “August March” to write about Albuquerque culture, history and politics, submitted the following guest column on the dedication of the two bronze statues for publication in www.PeteDinelli.com:

DISCLAIMER: The opinions expressed in this guest column written by Rudolfo Carrillo are those of Mr. Carrillo and do not necessarily reflect those of the www.petedinelli.com blog. Mr. Carillo has not been paid any compensation to publish the guest column and has given his consent to publish on www.PeteDinelli.com. The postscript to this blog article contains more on Mr. Carrillo.

THE PODIUM MAYOR STANDING BETWEEN BABYLON AND BURQUE

“I guarantee that somewhere west of the Inland Empire, in the toney, Pacific Ocean-facing backyard of some television executive, people are gathered for a party and laughing great guffaws as they choke down a selection of very expensive cheeses and meats. They are laughing about how one of their colleagues sent the city of Albuquerque a statue of two fictional meth dealers as a symbol of their appreciation for allowing the city to be colonized and then reimagined as a dirty, dangerous and utterly ridiculous place where science teachers deal drugs and air traffic controllers kill scores. A city where the only brown people in the picture are either service workers, scheming cops or even-filthier-than-otherwise-depicted criminals.

In that last sentence resides the difference between Babylon and Burque, both places at the end of the civilized world where somewhere in between stands Burque Podium Mayor Tim Keller.

_________________

POSTSCRIPT

Rudolfo Carrillo is a native New Mexican and was the news and music editor at Weekly Alibi from August 2015 until March 2020, where he used the pen name “August March” to write about Albuquerque culture, history and politics. He is a graduate of the University of New Mexico’s Fine Arts program. As well as being an award-winning writer, Carrillo is a painter and sculptor. His recent work was recently on exhibit at Six O Six Gallery at 606 Broadway Blvd. SW. Carrillo’s award-winning writing and analysis have been featured at international academic conferences and in notable literary journals as well as local media outlets like the Albuquerque Journal. In late-February he presented work written for this site at the 43rd convocation of the Southwest Popular/American Culture Association.

On July 22, the online news agency the New Mexico Sun published the guest column “APD’s stated 97% clearance rate for homicides in 2022 is misleading. Below is the guest column followed by the link:

HEADLINE: APD’s stated 97% clearance rate for homicides in 2022 is misleading.

By Pete Dinelli

“On May 19 and July 19, APD officials proclaimed they had a 97% homicide clearance rate for 2022 with 47 suspects arrested, charged or identified in 40 recent and past homicide cases. The 97% figure is very misleading.

City residents can only take limited comfort with APD being able to increase solving the number of homicide cases. City residents should not be lulled into a sense of safety simply because APD proclaims it has a 97% clearance rate when in fact it is actually upwards of 40%. The blunt truth is the solving of murder cases does not and will not make the city any safer.”

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/629158219-apd-s-stated-97-clearance-rate-for-homicides-in-2022-is-misleading
__________________________

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

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

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

The home page link to the New Mexico Sun is here:
https://newmexicosun.com/

On July 21, the 8th publicly televised hearing of the US Congressional investigating the January 6 capitol riot was held. The committee is not expected to issue it final report for a few more months. The biggest question that hovers over the committee is whether or not it will refer the entire matter to the US Department of Justice to indict Donald Trump and others for sedition.

WHAT THE EVIDENCE REFLECTS

The facts amassed by the House select committee are damning and reflect a President so desperate to hold onto power to the point that he and his staunches supporters did everything they could do to stop the peaceful transition of power by promoting the great lie that the election was rigged to the point of orchestrating a violent and deadly attack on congress. The evidence presented and revealed during the 8 hearings are overwhelming with many elected Republicans, such as Senator Josh Hawlings and Representatives Jim Jordon, becoming active participates.

Following are the undisputed facts that can be gleaned for the 8 hearings:

Trump could have harbored no doubt that he lost the election and lost it resoundingly. This fact was driven home to him repeatedly by Attorney General William Bar, senior Justice Department officials, White House lawyers and his own campaign team who made it clear to him he lost the election and there was no evidence to support his contention that there was widespread election fraud. In fact, 50 out of 51 lawsuits were dismissed by the federal courts finding there was no election fraud.

Trump repeatedly pressured state officials to support his scheme to overturn the election. The best examples was when he made the call to Georgia Secretary of State Brad Raffensperger to “find” the necessary number of votes to win the state and his pressure on Arizona House Speaker Russell “Rusty” Bowers to support a slate of phony electors.

Trump’s TWEET to come to Washington on January 6, 2021 where he said “Be there, will be wild”, was the desperate culmination of his frustrated attempts to forestall the vote counting by other means.

Trump secretly plotted to urge his supporters to march on the Capitol January 6 and it was no ad-libbed invitation but a premeditated, closely held plan to assault the capitol and stop congress from voting to certify the election of Joe Biden.

It was made clear from testimony from Trumps own appointed officials across the administration, including White House Chief of Staff Mark Meadows and Director of National Intelligence John Ratcliffe, that violence was feared as erupting on January 6. White House aide Cassidy Hutchinson said it best when Mark Meadows warned “Things might get real, real bad on January 6!”

Trump wanted to join the mob on January 6 in marching on the Capitol, perhaps even lead the charge into the capitol, and that this was his plan all along. Trump’s own White House Council believed this would be “legally a terrible idea for us” and that Trump became was enraged when he was prevented by the Secret Service from going to the capitol but instead returned him to the White House.

Trump was fully aware that some of the supporters he urged to go to the Capitol and “fight like hell” were heavily armed.

When rioters breached the Capitol, Trump was watching the event unfold on TV in the White House and the he was content not do anything to stop the rioters. Chief of Staff Mark Meadows told White House Counsel Pat Cipollone “He doesn’t want to do anything, Pat.” Claims made by Trump’s lawyers during his second impeachment that he “like the rest of the country, was horrified at the violence” were simply a lie.

Trump was totally unfazed by the chants to “hang Mike Pence” and in fact said he thought Pence deserved that fate for resisting his pressure not to certify the electoral college vote.

It was a lie when Trump impeachment lawyer Michael van der Veen said the evidence presented showed that “at no point was the president informed the vice president was in any danger”. Trump was told but he did not care if Pence was in danger of physical harm. The evidence was clear how close Pence got to being harmed with his own security detail so concerned for their lives they started making calls to their families to say goodbye.

STEVE BANNON DISCLOSES DECLARING VICTORY IN DEAFEAT WAS TRUMPS PLAN ALL ALONG

Towards the end of the July 21 congressional hearing, the committee presented evidence of what Trump’s plan was all along if he lost the election, which was to declare victory and engage in the big lie that he won the election.

On July 12, the online news agency Mother Jones reported that on the evening of October 31, 2020, Steve Bannon told a group of associates that President Donald Trump had a plan to declare victory on election night, even if he was losing. Bannon explained Trump knew that the slow counting of Democratic-leaning mail-in ballots meant the returns would show early leads for him in the battleground states. It’s commonly referred to as the “red mirage” where early votes first show the Republican winning only to lose after absentee votes are counted.

According to audio of the meeting obtained by Mother Jones, Steve Bannon while laughing, told the group of business executive that Trump’s “strategy” was to use the “red mirage” to assert that he had won the election while claiming that the inevitable shifts in vote totals toward Joe Biden must be the result of fraud. Bannon is heard as saying:

“What Trump’s gonna do is just declare victory. Right? He’s gonna declare victory. But that doesn’t mean he’s a winner. … He’s just gonna say he’s a winner. … He’s gonna declare victory. But that doesn’t mean he’s a winner. … As it sits here today … at 10 or 11 o’clock Trump’s [when Trump is leading, he’s] gonna walk in the Oval, tweet out, ‘I’m the winner. Game over. Suck on that.'”

On July 22, Steve Banon was convicted of 2 counts of Contempt of Congress by a jury of 9 men 3 women. Each count carries a minimum of 30 days and a maximum of one year in jail, as well as a fine. The jury returned a verdict after deliberating for less than three hours. Bannon is expected to be sentenced on October 21.

https://www.cnn.com/2022/07/22/politics/steve-bannon-contempt-of-congress-january-6-verdict/index.html

NOT THE ONLY TIME

Trump’s plan to falsely declare victory while tens of millions of votes were still being counted was public knowledge even before the election. The online news agency Axios reported on the scheme at the time. Steve Bannon, one of Trump’s closest advisors, himself discussed the idea on election day November on his War Room podcast.

Weeks earlier, Bannon had interviewed a former Trump administration official who outlined how Trump would use allegations of fraud to dispute an electoral defeat and would seek to have Congress declare him the winner. The congressional committee investigating January 6 detailed how Rudy Giuliani convinced Trump to go ahead with a victory declaration after 2 a.m. on November 4, over the objections of campaign staff. “Frankly, we did win this election.” Trump insisted in news conference.

The link to quoted news source material is here:

https://www.motherjones.com/politics/2022/07/leaked-audio-steve-bannon-trump-2020-election-declare-victory/

CHARGES THAT TRUMP COULD FACE

The criminal statutes that Trump violated include 18 U.S.C. Section 1512(c), which applies to anyone who “corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so.” Section 18 U.S.C. Section 371 also would apply which prohibits conspiracy “to defraud the United States”. Such defrauding includes efforts to obstruct “the lawful functions” of any department of Government.

AT LEAST 5 FEDERAL CHARGES

There are at least 5 federal charges Trump can and should be prosecuted for and those charges are:

1. Obstructing an official proceeding of the United States Congress and the certification of the election.

5. Obstruction of justice

STATE OF MIND

The biggest hurdle federal prosecutors will have to deal with in criminally charging Trump is proving his “state of mind”. Trump’s defense will no doubt be that what he said to the crowd on January 6 was protected “free speech”. Courts have routinely set this bar very high in the context of political speech because the First Amendment broadly protects speech of that type.

It is well settled case law that only incitement to “imminent unlawful action” is sufficient. It must be shown that the speaker had to know that the crowd would immediately break the law. A political statement by the President of the United States will be viewed as protected by the First Amendment, most likely by the current United States Supreme Court, but even they cannot ignore concrete evidence, action and admissions revealing state of mind.

In order to convict Trump of criminal charges, federal prosecutors will be required to prove “beyond a reasonable doubt” that Trump had the “corrupt” state of mind. That burden of proof applies to the charges of inciting a riot and obstructing an official proceeding of the United States Congress.

The most damaging testimony of Hutchinson that eviscerates any defense of free speech is when Trump said he didn’t “fucking” care that they had weapons. Trump proclaimed “They’re not here to hurt me”. Trump was repeatedly warned that there could be violence, he knew the crowd was armed. Trump went so far as to order the metal detectors removed from the area so that his supporters could listen to his speech without being disarmed first by the secret service.

Hutchinson’s testimony was a firsthand account of the events as they unfolded and reveals for the first time Trump’s state of mind that would be admissible in court against Trump on the charge of inciting a riot. Hutchinson testified repeatedly that she was present during conversations Trump had with Trumps Chief of Staff Mark Meadows and others and she took notes.

Hutchinson testified that Trump clearly announced his disregard for potential violence by his supporters, and she heard firsthand from people who described the president’s anger at being told he could not lead his followers on their march to the Capitol where the presidential vote was to be certified.

Hutchinson’s testimony was clear that Trump wanted to go to the capitol that day after his speech where he inflamed the crowd to march on the capitol and became angry and said “I’m the fucking president” when told by secret service he could not go because it was too dangerous. Simply put, this testimony was the “smoking gun” needed to prove that the person speaking meant to incite imminent violence.

What is clear is that Trump knew the crowd was armed, he ordered that metal detectors not be used to keep his supporters out that he had summoned and were there to hear him speak. Trump was warned repeatedly of the potential violence. Once the crowd was assembled, Trump inflamed them to march to the capital to stop the congress from certifying the election. The angry mob Trump inflamed did his bidding and stormed and vandalized the United States Capitol. What is even more clear is that Trump wanted to go to the capitol himself to lead the charge invading the capitol building.

CONSPIRACY TO DEFRAUD THE UNITED STATES

In a March 2 filing, the committee said it was likely that Trump and others conspired to defraud the United States, which criminalizes any effort by two or more people to interfere with governmental functions “by deceit, craft or trickery.”

In addition to Trump’s efforts to pressure Pence, the committee cited his attempts to convince state election officials, the public and members of Congress that the 2020 election was stolen, even though several of his allies told him there was no evidence of fraud.

According to video testimony shown on Tuesday, June 28 by the committee from Kayleigh McEnany, Trump’s White House press secretary at the time, Trump was so enraged by then-Attorney General Bill Barr’s interview with the Associated Press saying there was no evidence of election fraud that Trump threw his lunch at the wall, breaking a porcelain dish and leaving ketchup dripping down the wall.

SEDITIOUS CONSPIRACY

Prosecutors already have charged more than a dozen members of the far-right Proud Boys and Oath Keepers groups who were at the January 6 riot with seditious conspiracy, a rarely used statute that makes it illegal to overthrow the U.S. government by force. To prove seditious conspiracy, prosecutors would need to show Trump conspired with others to use force. Cassidy Hutchinson is consistent with that theory when she testified about others organizing the riot with Trumps approval and his knowledge on the day of the riot that the mob was indeed armed.

OBSTRUCTION OF JUSTICE

At the end of Hutchinson’s testimony, Representative Liz Cheney, a Republican, presented possible evidence of witness tampering and obstruction of justice. Cheney showed messages to unidentified witnesses advising them that an unidentified person would be watching their testimony closely and expecting loyalty.

If the committee has evidence that the people who sent the messages had a “tacit understanding” with Trump, prosecutors could use it to show there was a conspiracy to tamper with witnesses said Daniel Medwed, a law professor at Northeastern University in Boston. Medwed had this to say:

“They were setting the table for witness tampering and likely have other witnesses coming in to nail that down.”

https://www.reuters.com/

No matter what the law says or what the facts reveal, the Department of Justice attorneys must prove all the elements of a crime against Trump beyond a reasonable doubt before a jury. There is no doubt if Trump is indicted, he will defend what he has said and did in public as protected free speech. Applying the elements of the crimes to the conduct of a president who would argue that he was acting in the exercise of his official duties will no doubt raise complicated questions of constitutional law that will require court rulings.

DEPARTMENT OF JUSTICE CHARGING TRUMP IF HE RUNS AGAIN

“On Sunday, July 17, it was widely reported that that former President Donald Trump has made up his mind about running again and that he may announce a 2024 run for president as soon as September in the hopes of shielding himself from criminal prosecution. On July 19, Lisa Monaco, the Justice Department’s second-ranking official, rejected the idea that Trump becoming a formal candidate would deter DOJ from investigating him. In response to that very question, Monaco stated bluntly:

“We’re going to continue to do our job, to follow the facts wherever they go, no matter where they lead, no matter to what level … We’re going to continue to investigate what was fundamentally an attack on our democracy.”

And on Wednesday July 20, Attorney General Garland himself reiterated at a news conference, responding to a question about the prospects of charging Trump, that “no person” is above the law. Garland echoed Monaco’s sentiment and said this:

“We have to hold accountable every person who is criminally responsible for trying to overturn a legitimate election, and we must do it in a way filled with integrity and professionalism.”

NBC LESTER HOLT QUESTIONS AG MERRICK GARLAND

On July 26, in a remarkable one-on-one interview of Attorney General Merrick Garland, NBC News anchor Lester Holt asked the question if prosecuting former President Donald Trump for inciting the Jan. 6 Capitol attack might “tear the country apart”.

Holt said to Garland during their interview:

“You said in no uncertain terms the other day that no one is above the law. That said, the indictment of a former president, or perhaps candidate for president, would arguably tear the country apart. Is that your concern as you make your decision down the road here, do you have to think about things like that?”

Attorney General Garland responded:

“Look, we pursue justice without fear or favor. We intend to hold everyone, anyone who was criminally responsible for the events surrounding Jan. 6, for any attempt to interfere with the lawful transfer of power from one administration to another, accountable. That’s what we do.”

Garland added the Justice Department will not pay “any attention” to “other issues” aside from its mission to pursue justice.

Holt then asked:

“So, if Donald Trump were to become a candidate for president again, that would not change your schedule or how you move forward or don’t move forward?”

Garland responded:

“I’ll say again that we will hold accountable anyone who is criminally responsible for attempting to interfere with the transfer, legitimate, lawful transfer of power, from one administration to the next.”

https://www.mediaite.com/tv/lester-holt-questions-merrick-garland-as-he-raises-prospect-of-prosecuting-trump-would-arguably-tear-the-country-apart/

OTHERS HAVE BEEN INDICTED

“Adding to Trump’s concerns that the DOJ will charge him even as a declared candidate are the 2018 indictments of two congressional candidates just a few months before that year’s midterm elections. Rep. Chris Collins, R-N.Y., was charged with various crimes connected to allegations that he had engaged in insider stock trading. Weeks later, DOJ announced a host of criminal charges against Rep. Duncan Hunter, R-Calif. connected to his use of campaign contributions to fund a lavish lifestyle, which included trips to Italy, Hawaii and London. Both were locked in re-election battles in a year Democrats were expected to (and did) pick up House seats and win back control of the House.

Hunter initially took a page from Trump’s playbook by describing his charges as “politically motivated” and claiming to have been unfairly targeted by the “new Department of Justice” and “the Democrats’ arm of law enforcement.” Despite the protestations of their innocence and their assertions to fight charges they called meritless, Collins and Hunter later pleaded guilty and resigned from Congress. Duncan was sentenced to 11 months in prison and Collins to 26 months.

Trump can announce that he’s running whenever he wants to but as recent history tells us, DOJ would not be prevented from prosecuting him for any potential crimes, even if primary elections or a general election are approaching.”

The links to quoted news sources is here:

https://www.msnbc.com/opinion/msnbc-opinion/merrick-garland-s-memo-doesn-t-mean-trump-clear-n1297412

https://www.msnbc.com/rachel-maddow-show/maddowblog/merrick-garland-memo-election-trump-rcna39026

https://www.washingtonpost.com/opinions/2022/07/15/prosecute-trump-garland-case/

CONCLUSION

Any and all doubts that Donald Trump is a fascist who was hell bent on overthrowing the United State Government should be laid to rest by the evidence and testimony presented during the 8 days congressional public hearings by Trump’s own appointed staff, Trump former officials and loyalist.

The evidence established that Trump and his associates conspired for weeks, planned and orchestrated an armed mob dominated by white extremists such as the Proud Boys and the Oath Keepers to violently disrupt and stop the peaceful transfer of power and to stop the government function of certifying the election.

There is little doubt that the testimony presented by loyal members of Trump’s own administration revealed a man so desperate to hold onto power that he attempted to interfere with the peaceful transition of power and to overthrow the United States democracy. It could and will happen again if Donald Trump runs for President in 2024, unless of course he is indicted, tried and convicted for the crimes he committed with his failed attempt to overthrow our democracy.

Some say indicting and prosecuting Trump will further divide an already divided country and he will declare that his prosecution is political persecution. Still others say if convicted, Trump will declare that he is a political prisoner and martyr and his conviction would be deemed illegitimate by his supporters. If acquitted, Trump will be emboldened and empowered to proclaim he is the rightful President, even if he loses again.

Simply put, Trump must be prosecuted in that not even a President nor former President is above the law. The failure to prosecute Trump will be more damaging to the nation than turning a blind eye to his effort to subvert democracy and prevent the peaceful transfer of power.