On July 10, the Albuquerque Journal published two remarkable guest columns in its Sunday Journal which is the largest circulation day of the week for the paper. One guest column was from progressive Democrat Mayor Tim Keller and was essentially a regurgitation of his June 25 State of the City Address. The second was from Keller’s conservative Republican nemesis City Councilor Dan Lewis.

Least anyone forget, it was in 2017 that the dynamic duo of failure ran against each other in a runoff for Mayor. Then State Auditor Tim Keller, a mere one year into his 4-year term as State Auditor announced he was running for Mayor. Then Republican District 5 City Councilor Dan Lewis gave up his seat after serving 2 terms on the city council to run for Mayor. Keller won the 2017 runoff by a decisive landslide by securing 60,219 votes or 62.20% against Dan Lewis who secured 36,594 or 37.8% of the vote.

Below are both the guest columns with links followed by Commentary and Analysis:

HEADLINE: ABQ is holding the line in challenging times

BY TIM KELLER / MAYOR OF ALBUQUERQUE
PUBLISHED: SUNDAY, JULY 10TH, 2022 AT 12:02AM

“A thousand attendees gathered recently for the first in-person State of the City event in two years at the renovated Rail Yards, our “industrial cathedral,” which re-opened the Boiler Room doors to the public for the first time in 44 years. The site provided a powerful setting for this important community discussion and is a place we hope will soon be home to a new film training school in partnership with Central New Mexico Community College and the state.

Throughout the year, we saw Albuquerque’s classic vibrancy back at festivals, sports games and, of course, the State of the City. But decades-old challenges are back with a vengeance, too. Crime, homelessness, addiction – exacerbated by the pandemic and without simple solutions. As mayor during this time, my job has sometimes felt like fending off a constant stream of crises. Make no mistake, we’ve been through some dark days. Yet, through all this, we see a city holding the line during one of the most difficult periods in our history. A city that has not, and will not, stop advancing toward a horizon that brings out the best in Burque.

In the midst of adversity, we see the hard work of so many to tame these challenges with trademark spirit and determination. When wildfires swept the north, our team took care of over 1,000 evacuees with shelter, food and supplies. We boosted APD’s investigative capacity to take bold action to stem the tide of addiction and homelessness. And our team has landed major new employers in growing industries, seen fantastic job growth, completed such transformative projects as the two new community centers and a new library on Central, and built new educational partnerships to prepare our youth for careers right here. Today, our city is emerging from the depths of the pandemic clear about the challenges we face, but also knowing what’s on the horizon beyond them.

I encourage you to watch the address at cabq.gov/sotc to hear from city leaders about our work on economic development, public safety, homelessness, sustainability and more. Here, I want to focus on what are certainly the greatest challenges ahead: crime and homelessness.

At the Albuquerque Police Department, we made choices that kept our city from falling into the abyss. First, we convened leaders at every level of the criminal justice system and asked them to join us in acknowledging and taking responsibility for a broken system that all too often lets perpetrators of violent crime return to the streets, lets our judiciary go woefully underpaid and understaffed, hinders the arrest of felons with assault weapons. Then, we made historic investments in modern crime-fighting technology that are producing results. This year, APD has charged a record 65 homicide suspects, taken 295 firearms off the streets and made more than 1,800 felony arrests, using new technology to close hundreds of cases.

Third, we took control of a Department of Justice reform process that was backsliding. For years, our city was stuck, officers buried under bureaucracy and weighed down by low morale. Now, we are committed to reform at a much faster pace and are nearing completion in every category of the monitoring process. In June, my administration moved to suspend monitoring in a quarter of DOJ’s categories, allowing more officers to get out from under administrative work and back into the field. This the greatest progress our city has seen in the court-ordered settlement since it began in 2014.

Today, cities around America are looking to us for leadership because of our work to blend 911 response and social workers with coordinated outreach. Our new Community Safety Department is now taking hundreds of calls answered by these new first responders, freeing up our officers to fight crime and our EMTs to focus on emergencies.

We also see the proliferation of tents, such as the situation at Coronado Park, and a 30% rise in homelessness all over the country. Like so many, I wish there was a simple answer here. The only real answer is to take an “all-of-the-above approach.” We have to be agile, learn and keep creating pathways to stability. That is why we are revisiting our approach to encampments. We will continue our historic investments to build housing and expand rental assistance programs that have gotten thousands of people into homes. And, as city crews continue to clear dozens of encampments a month, they will prioritize and promptly clear encampments from our sidewalks and near spaces with children’s programming. APD will continue to enforce the law, citing trespassers, and arresting traffickers and felons, but they will not violate constitutional rights.

Our authority on this issue is also limited. Our partners on the City Council have supported critical investments to address homelessness, but we need more than funds; we need new tools. We need zoning approval to open the Gateway Shelter, a cornerstone of the work ahead to move people off the street, and for every solution in between. We can make a difference together; we need action now.

In the year ahead, we will again ask our community to look at new solutions with open minds and a willingness to jump into the work. That’s how we take each step forward and how we will reach Albuquerque’s brighter horizon.”

https://www.abqjournal.com/2514734/abq-is-holding-the-line-in-challenging-times.html

HEADLINE: Lawlessness proves the Burque’s not back

BY DAN LEWIS / ALBUQUERQUE CITY COUNCILOR, DISTRICT 5
PUBLISHED: SUNDAY, JULY 10TH, 2022 AT 12:02AM

“Mayor Tim Keller used his State of the City address June 25 to celebrate, saying “The Burque is back.” The mayor doesn’t seem to know what city he is living in. Albuquerque is “murder city,” and lawlessness is back.

Albuquerque is hurting more than ever. The city streets are filled with illegal homeless tent encampments, drug abuse, trash, graffiti and rampant crime. Needles and graffiti fill public parks. The city is dirtier than ever and riddled with more crime than ever. There are fewer officers on the streets responding to calls than one year ago and even five years ago.

The mayor’s State of the City address ignored the crisis we are in and was filled with excuses and blame for his failure to enforce our laws and keep our city safe and clean.

The City Council has funded his administration with over $60 million per year for homeless services, including funding for 369 vacant beds in compassionate shelters every night. The council increased housing vouchers by 70% this year. The council continues to fund 1,100 police officers, yet this administration after five years only has 850 officers, with just 360 responding to calls. The council continues to fund and offer solutions for the challenges we face, but this administration fails to lead.

The mayor continues to make excuses and blame the federal courts, the City Council, the pandemic, state government and previous administrations rather than stepping up and owning Albuquerque’s problems.

To keep Downtown safe, the mayor proposed that small businesses foot the bill for more officers. To clean up after illegal tent encampments, the mayor increased trash rates for every resident. The mayor was given a record amount of new revenue this year and continues to increase the burden on the taxpayers of Albuquerque with no results.

This mayor does not prioritize keeping our city safe or enforcing our laws, and the people of our great city are paying greatly for it.

The “Burque” will not be back until its leaders listen to the people of our city and have the courage to lead.”

https://www.abqjournal.com/2514740/lawlessness-proves-the-burques-not-back.html

COMMENTARY AND ANALYSIS

After hearing Mayor Keller’s State of the City Address and the Lewis rebuttal, one conclusion that can be arrived at is that both Keller and Lewis suffer from the political amnesia virus. Both have been failures in making any real progress in solving the city’s problems, especially when it comes to violent crime and the homeless crisis. Interestingly, both agree that the city’s two biggest problems are high violent and murder rates and the homeless crisis. These are the identical issues that existed 2017 when they ran against each other in 2017. For that reason, a review of both the Keller and Lewis records is in order.

MAYOR TIM KELLER’S RECORD OF FAILURE

In August 2017, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Tim Keller ran on the platform promising to reduce the city’s crime rates, increase the number of sworn police, return to community-based policing and solving or dealing with the city’s homeless crisis, all promises he has failed to keep. Keller has not come close to the change he promised in 2017.

KELLER’S FIRST TERM

Keller’s accomplishments during his first full term as Mayor were less than stellar. After being elected the first time, Keller signed a tax increase after promising not to raise taxes without a public vote. Keller failed to make the sweeping changes to the Albuquerque Police Department that he promised. Keller is not even close to reaching the 1,200 sworn police officers promised nor to community-based policing. Keller’s promise to bring down violent crime never materialized and the four programs to bring down violent crime have had a negligible effect and can be considered failures.

During each year of Keller’s first year term, the city’s murder rate rose and continued to rise. In 2018, the first full year of Mayor Keller’s term there were 69 homicides. In 2019, during Mayor Keller’s second full year in office, there were 82 homicides. The year 2020 ended with 76 homicides and the year 2021 ended with the all-time record of 117 murders. 2022 is on pace to match or surpass the record once again with 67 homicides. As of June 10, there have been 67 homicides. By June 10, 2021 there were 65 homicides.

In 2019, Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates. Those APD programs are: the Shield Unit, Declaring Violent Crime a “public health” issue, the Metro 15 Operation, “Violence Intervention Plan” (VIP Program). Based on the city’s high violent crime and murder rates, it appears Keller’s programs have been a failure.

Dealing with the homeless crisis was a major cornerstone of Mayor Keller’s first term, so much so that he increased funding for homeless programs by millions and advocated for a homeless shelter. On Tuesday, April 6, 2021, Mayor Keller held a press conference in front of the Gibson Lovelace Medical Center to officially announce the city had bought the massive 572,000-square-foot complex for $15 million to transform it into a Gateway Center for the homeless shelter. After a year and a half, Keller’s Gateway Homeless Shelter is still being held up in appeals with the Keller administration failing to secure proper zoning for the shelter. Keller himself said his proposed Gateway Shelter is tied up in the “purgatory” of endless appeals not acknowledging he contributed to the mess by rushing to purchase the property without little or no input from the surrounding neighborhoods to get their buy in and approval.

KELLER’S SECOND TERM

Keller’s second term thus far seems to more of the same with the same problems he promised to solve 4 years ago still existing today, but only worse. During his June 25 State of the City address, Keller argued, as he did during his successful campaign for a second term, that crime and homelessness were exacerbated by the pandemic and that there are no simple solutions. He took credit for keeping things stable during the pandemic crisis. He did not acknowledge that his law enforcement initiatives have proven to be ineffective in making the city any safer than it was 4 and a half years ago. Keller won by another landslide not because he had done such an exceptional job but because his two opponents Sherrif Manny Gonzales and talk show host Eddy Aragon were seriously flawed candidates and Donald Trump supporters. The 2021 race for Mayor boiled downed to the “lesser of 3 evils” and Keller won.

METRO CRIME INITIATIVE

When Keller says in his state of the city address “we convened leaders at every level of the criminal justice system and asked them to join us in acknowledging and taking responsibility for a broken system that all too often lets perpetrators of violent crime return to the streets”, what Keller was referring to was his “Metro Crime Initiative”.

On Thursday, September 23, Mayor Tim Keller and his Administration concluded a series of meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system. The conference was dubbed the “Metro Crime Initiative.”

The entire “Metro Crime Initiative” started with the phony proposition declared by Mayor Keller and all the participants that our criminal justice system is broken. It ended with a press conference with all the participants patting each other on the back for doing such a good job and asserting they have found the solutions. Their solution was to do their jobs in the first place. It’s a lot simpler to come up with a bumper sticker slogan and say the criminal justice system is broken when you do not know how to explain your inability to do your own job and are contributing to the crisis.

DEPARTMENT OF JUSTICE REFORMS

It was damn laughable that Keller said:

“We took control of a Department of Justice reform process that was backsliding. For years, our city was stuck, officers buried under bureaucracy and weighed down by low morale. Now, we are committed to reform at a much faster pace and are nearing completion in every category of the monitoring process.”

When Keller assumed office 4 years ago for the first time, he proclaimed to a federal judge in open court that he and his Administration were fully committed to the reform process. He promised full implementation of the DOJ reforms saying he knew full well he would be judged by the public and would be held accountable come election time.

Implementation of the DOJ reforms stalled so much over 3 years under Keller’s watch that he fired his first APD Chief Michael Geier blaming Geier for the failure and immediately turned around and appointed Harold Medina as APD Chief who has a nefarious past with the use of deadly force against two people suffering from psychotic episodes. One was a 14-year-old child banishing a BB gun Medina he killed in a church. The second was a 26-year-old veteran Ken Ellis, Jr., who was suffering from post-traumatic syndrome who Medina gave the authorization to use deadly force. The Ken Ellis wrongful death case resulted in a $10 million judgement against the city where a Judge and jury found that Ellis was a threat more to himself and not a threat to APD officers. Medina had the gall to proclaim that the shootings made him uniquely qualified to be APD Chief and that because of the shootings, he understood the need for constitutional policing practices and de-escalation training.

The city has at least 4 more years before the DOJ case before it can be dismissed. Two more years are projected to be needed to implement the reforms to come into compliance followed by another 2 years where the mandated compliance levels must be sustained. APD has an extensive history of increasing compliance levels only to backslide to worse levels than before and it will more likely than not happen again.

THE HOMELESS CRISIS

During his June 25, “State of The City” address Keller addressed 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.”

Keller’s announcement that the city is revisiting it approach to homeless encampments was made a month after a 4th murder in the last two years occurred at Coronado Park. It turns out that Keller approved that Coronado Park be used as a homeless encampment.

Over the last 10 years, Coronado Park has essentially become the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up at a cost of $52,000 a month only for the homeless to return the next day. At any given time, Coronado Park has 70 to 80 tents crammed into the park with homeless wondering the area. The city park has an extensive history lawlessness including drug use, violence, murder, rape and mental health issues, yet Keller has refused to order its closing.

Keller has allowed a once beautiful and pristine park dedicated to public use to become a festering blight on the community. Simply put, it has become an embarrassment with the city violating its own city ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinances. Coronado Park has become the symbol of Keller’s failure in office to deal with the homeless despite all of his efforts.

Keller said in his state of the city address that the city needs to deal with the homeless crisis with an “all-of-the-above approach” that includes rental-assistance vouchers, affordable housing development, hotel-to-apartment conversions, and the Gateway Center Homeless Shelter. The problem is Keller has been dealing with the homeless crisis for the last 4 years with an “all-of-the-above approach” and its simply not working.

The Keller administration has spent $40 million in 2022 and will spend another $60 million in 2023 to provide assistance to the homeless. Whatever changes in policy Keller comes up with now to deal with the homeless encampments will likely fall short given his propensity to be only concerned about the superficial, public relations and the sound bites.

THE DAN LEWIS RECORD OF FAILURE

Any rebuttal of the Mayor’s State of the City address should have come from the City Council President or Vice President to be meaningful. Republican City Councilor Dan Lewis holds no leadership position on the City Council, yet he self-appointed to take issue with Keller’s State of the City Address. Dan Lewis motivation is to carry out a personal political grudge against Keller.

Dan Lewis ran unsuccessfully for Mayor against Tim Keller in 2017 when Keller won the 2017 runoff by a decisive landslide with 62.20% to Lewis 37.8%. District 9 Conservative Republican City Councilor Dan Lewis previously served two terms on the City Council from 2009 to 2017. On November 2, 2021 Lewis defeated incumbent Democrat Cynthia Borrego who had replaced him 4 years ago.

The Lewis rebuttal of Keller’s State of the City address falls in line with his personal vendetta against Keller. Soon after being elected to the city council, Dan Lewis made it known he intended to be elected City Council President. He failed. Privately Lewis has made it known to many of his supporters that he intends to run for Mayor again in 2025 especially against Tim Keller if Keller seeks a third term. From the very get go of his return to the city council, Lewis has made it is clear he intends to be as disruptive as possible on the city council in order to generate the news coverage he so covets to run for Mayor again in 2025.

On January 10, 2022, the newly elected Albuquerque City Council met for the first time. After losing the vote to become City Council President to City Councilor Isaac Benton, Dan Lewis immediately introduced 4 separate resolutions outlining what he intended to pursue in the coming few months to hold Mayor Tim Keller and his administration accountable for past actions. Those resolutions were:

1. Repeal the 3/8 of 1% gross receipts tax enacted IN 2014. The city council enacted a 3/8 of 1% gross receipts tax four years ago on an 8-1 bipartisan city council vote. Keller singned off on it breaking his pledge not to raise taxes, even for public safety, without a public vote. Lewis proclaimed the tax a financial crutch the city did not need and reversal would put money “back into the pockets of hard-working Albuquerque citizens.” During the April 4 city council meeting the Lewis resolution calling for the repeal of the gross receipts tax hit a “brick wall” when the legislation failed on a 1 to 8 vote. Lewis was the only city councilor to vote for his legislation.

2. Bar the city from mandating COVID-19 vaccines for the municipal government workforce. It was on March 21 that the Albuquerque the City Council passed the Dan Lewis City Council resolution that prohibited imposing an employee vaccine mandate and from penalizing those who do not. It is well settled law that employers can mandate vaccines as a condition of employment. The vote was 5 to 4 vote with Republican Councilors Dan Lewis, Brook Bassan, Renee Grout, Trudy Jones and Democrat Louie Sanchez voting to support it. All the 4 remaining Democrats Isaac Benton, Klarissa Peña, Pat Davis and Tammy Fiebelkorn voted no. On April 2, it was reported that Mayor Tim Keller vetoed the anti-vaccine measure. In his veto message to the City Council, Mayor Keller wrote that city leaders have more pressing concerns than “manufactured ideological disputes” and noted that he has never imposed a COVID-19 vaccine requirement and Keller said “In this context a ban on vaccine mandates is an answer in search of a question.” The city council failed to override the veto not having the necessary 6 votes to override Keller’s veto

3. Repeal or limit mayoral authority during a public health emergency. The resolution revoked most of the mayoral public health emergency authority the City Council added at the onset of the pandemic. The resolution past the city council on a 5 to 4 vote, Mayor Keller vetoed it and the council failed to override the veto.

4. Direct the city administration to consider and “to the extent advisable,” push to renegotiate the terms of the federal Court Approved Settlement Agreement (CASA). The settlement mandates 271 reforms of the Albuquerque Police Department (APD). The settlement was entered into on November 14, 2014 after a Department of Justice (DOJ) investigation found that APD engaged in a pattern of excessive use of force and deadly force and had a “culture of aggression.” The City Council Resolution can only be considered “for show” by Lewis in that it will have no affect on the settlement. The settlement is a Federal Court Order that the City Council has no authority over. The DOJ settlement was negotiated in 2013 during the time Lewis was a city councilor, yet he never once objected to any one of the 271 terms. Not once ever did Lewis ever call to task APD’s and Mayor Berry’s failure to implement of the reforms nor did he ever criticize the APD leadership when the Federal Monitor repeatedly issued highly critical reports of APD’s failures at compliance efforts. Simply put, Lewis failed to hold APD accountable for failure to implement the DOJ reforms.

LEWIS BOGUS OPPOSITION TO 2022-2023 BUDGET

On May 16, the Albuquerque City Council voted 7 to 2 to approve the 2022-2023 city budget. The overall budget approved by the Albuquerque City council is for $1.4 Billion and with $857 million in general fund Appropriations. The budget approved by the council was increased by 20% over the current year’s budget which ends June 10, 2022.

After the May 16 City Council meeting approving the $1.4 billion dollar budget, City Councilor Dan Lewis said in an interview that he could not support appropriating $100 million in additional revenues and said that was the reason for voting NO. Lewis had this to say:

“I just disagree with the entire budget. … I think it could have been done a lot better.”

Dan Lewis failed to provide specific examples of departments or programs he felt should not be funded or that were given too much money in the approved budget. Lewis mouthing off and saying “I just disagree with the entire budget. … I think it could have been done a lot better” amounts to nothing more than meritless, self-righteous indignation and laziness on his part.

Lewis has served as the City Council Budget Chair in the past and knows full well that he could have just as easily instructed the council to draft a proposed “substitute budget” to his liking, or sponsored amendments to the proposed budget, but that would have required effort and some work on his part. If Dan Lewis had a problem with the 2022-2023 city budget, he should have offered amendments to voice his concerns and make cuts or require further approval from the City Council, but no, he just wanted to complain for the sake of complaining for the publicity.

Lewis voting NO on the budget amounted to nothing more than his continuing obstructionists’ tactics he is known for since assuming office on January 1 and retuning to the city council to carry out his personal grudge against Tim Keller.

LEWIS OPPOSTION TO WOMAN’S RIGH TO CHOOSE

Initially, the city council had voted 8 to 1 to approve the 2022-2023 $857 million General Fund budget that was part of the entire $1.4 billion budget. When the initial vote to approve the budget was taken, the City Council adjourned for a short recess for its customary “dinner break”.

Upon reconvening after the dinner break, City Councilor Dan Lewis announced that although he did not want to change his “NO” vote on the entire budget, but that he wanted to change his vote to correct his vote allocating $250,000 to a Planned Parenthood of New Mexico sponsorship. Dan Lewis offered an explanation for his seeking to reconsider the vote on the Planned Parenthood of New Mexico sponsorship and said this:

“I was honestly looking at another amendment when we voted on this and just want to change my vote on the record.”

The budget amendment passed again on a 6 to 3 vote with Republican City Councilor Trudy Jones, who had initially voted against it, supporting its passage when it was voted upon again. The budget also passed again on a 7 to 2 vote, with Republican Renee Grout joining Lewis in opposing the passage of the budget.

Fiebelkorn celebrated the approval of the funding of Planned Parenthood and had this to say in a written statement:

“These funds support our local Planned Parenthood clinic to ensure that all Albuquerque women have access to family planning, abortion, and other reproductive health services. ”

The link to the quoted news source is here:

https://www.abqjournal.com/2501616/lewis-moves-to-correct-planned-parenthood-vote.html

The only appropriation Lewis singled out and objected to was $250,000 City Council sponsorship of Planned Parenthood, no doubt because he is a “prolife” Christian fundamentalist preacher who is opposed to Plan Parenthood and a woman’s right to choose.

Now that the United States Supreme Court has reversed Roe v. Wade, no one should be surprised if Dan Lewis introduces a city council resolution that would prohibit abortions from being conducted within the city limits. Such a resolution could call for prohibiting the issuance of “licenses to do business” to any health care provider that provide abortions. Failure to have a business license would allow government action to shut them down.

LEWIS USES CONFIRMATION HEARINGS TO INTIMDATE AND SHAME

City Councilors Republican Dan Lewis was sworn in on January 1st. Within weeks after being sworn in, Lewis began to demand that Mayor Tim Keller again nominate his top executive staff, who has been confirmed by the prior city counsel, so they could hold confirmation hearings and be allowed to vote to reject them for the positions they held. City Councilor Dan Lewis had this to say about his demand that all the names be submitted a second time:

“I’m going to always defend the authority of the council, and any authority that has been given to it by the charter and the people of the city.”

It was painfully obvious that the only reason Dan Lewis demanded Keller’s top executives previously confirmed be re submitted for a second time for confirmation was to try and shame and intimate them and to vote against them.

On March 7, City Clerk Ethan Watson was confirmed on a 7-2 bipartisan vote of the city council but not before Lewis crossed examined Watson over his job performance during the 2021 municipal election. Dan Lewis questioned Watson’s impartiality in administering the city’s taxpayer-funded public campaign finance system, ignoring the fact that Watson is license attorney and as such an officer of the court who has taken an oath of office himself.

Lewis focused on Watson’s move to reject mayoral candidate Sherriff Manny Gonzales’ application for the money on the grounds he’d submitted fraudulent documentation, questioning if he’d applied the same scrutiny to Keller’s campaign. Lewis ignored that a state judge ultimately upheld Watson’s decision. Lewis at one point became very condensing and mean spirited when he asked Watson “how we can trust you moving forward in future elections?”. This coming from Dan Lewis who engaged in smear tactics and lies against his opponent incumbent Democrat Cynthia Borrego to get elected saying she was in favor of “sanctuary city polices” and the releasing of violent criminals. Dan Lewis paid Republican Political Operative Jay McClusky to run his campaign.

Dan Lewis was elected to the city council for a second term in 2013, the same year that Republican Mayor Richard Berry was elected to a second term. Republican Mayor Berry did not submit relevant reappointments for confirmation a second time, despite a request from then-council President Ken Sanchez to do so. Not at all surprising Dan Lewis then did not “defend the authority of the council” and said nothing at the time no doubt because it was a Republican Mayor that he needed to curry favor with but now he says something because he is dealing with a Mayor that beat him in a runoff in 2017.

The link to quoted news source material is here:

https://www.abqjournal.com/2478932/city-clerk-is-reconfirmed-despite-litany-of-questions.html

LEWIS HAS HISTORY OF HYPOCRACY

In December 2021, City Councilor Elect Dan Lewis complained that 4 outgoing City Councilors with less than a month remaining in office would be voting on a $140 Million Bond Package, with 2 outgoing City Councilors as co-sponsors. Lewis argued the resolution should had been placed on hold arguing that the current council should not vote on it and allow the new council that is sworn in on January 1, 2022 to vote.

The $110 million dollar bond resolution was scheduled for a final vote on December 6 which was the very last meeting of the year for the city council and the day before the city council December 7 runoff. The legislation was among the final legislative actions for 4 of 9 city councilors leaving office. Councilor elect Dan Lewis strongly objected to the bond resolution and said this:

“Four city councilors who would make a decision on this won’t even be here in January. … For that reason alone, we need to deal with this with a new council in January.”

Ultimately, the outgoing city council rejected the bond proposal.

Dan Lewis did more than few things even worse as he left the City Council in 2017 and during his previous 8 years as a city councilor. In particular, Lewis voted for legislation that now effects the community and historical neighborhoods for generations to come and supporting gentrification. The legislation benefits the real estate and development industries who gave so heavily to his 2021 bid for city council though measured finance committees. Simply put, Lewis has always been in the pockets of the real estate community and developers.

LEWIS VOTES TO DESTROY CITY’S HISTORICAL NEIGHBORHOODS

On November 13, 2017 then outgoing City Councilor and candidate for Mayor Dan Lewis, along with other City Councilors leaving office on December 1, 2017, voted to approve the Integrated Development Ordinance (IDO) which incorporated and adopted the “ABC-Z Project”. The next day, November 14, Lewis lost in a landslide to Tim Keller. Lewis no doubt knew how badly he was going to lose given the polling released at the time, yet he did not advocate that the city council place on hold the IDO for the 20218 new council to take it up as he did with the $140 bond package in 2021.

At the time, there were 60 sector development plans which governed new developments in specific neighborhoods. Forty (40) of the development plans had their own “distinct zoning guidelines” that were designed to protect many historical areas of the city. Examples of areas of the city governed by long standing sector development plans include Barelas, San Jose, Hunning Highland, Silver Hills, Nob Hill and Old Town. Under the “ABC-Z Project” the number of sector development zones went from 250 to fewer than 20, which by any terms is dramatic and no doubt excited the real estate development community.

The “ABC-Z Project” project was promoted as a way to simplify zoning and subdivision regulations “in order to improve economic development, protect established neighborhoods and special places, streamline the development review/approval process and promote more sustainable development.” What it actually did do was “gut” in full historical overlay zones and sector development plans enacted to protect neighborhoods and their character. Many of the affected historical neighborhoods condemned the ABC-Z comprehensive plan as being racist, something totally ignored by the entire city council, Democrats and Republicans alike on the city council, to the delight of Mayor Richard Berry.

https://www.cabq.gov/planning/urban-design-development/abc-z-project

The ABC-Z project rewrite spear headed by the Berry Administration was nothing more than making “gentrification” official city policy and “gutted” long standing sector development plans designed to protect neighborhoods and their character. Many of the affected historical neighborhood condemned the ABC-Z comprehensive plan as being racist, something Republican Dan Lewis simply did not care about and ignored.

RESPONDING TO A BLOG ARTICLE

In response to a blog article written on December 6, 2021 about Dan Lewis and his past record as a city councilor, Dan Lewis wrote Pete Dinelli a series of emails and said this:

“Pete, write about me all you want. I don’t care. From what I hear nobody reads this crap anyway. … you make no sense at all. Are you still defending this failed mayor? I’m not trying to get the support of anyone …. I have nothing to prove. But you better believe that this mayor will be accountable now. … I’ve read many of your articles and honestly you don’t make any sense at all. I was the biggest critic of Berry and you know it. I get it, he kicked your ass and you’re still not over it. I see a lot of poison and insanity coming from you. Always glad to talk and I’m always available. Feel free to call any time. But honestly, I’m not sure if you really want to hear any of the truth. I’m blocking these emails. Nothing here that’s anywhere close to productive.”

Lewis seems to have forgotten the Keller kicked his ass in 2017. In private, Dan Lewis is known to be highly confrontational with anyone who disagrees with his right-wing ideology, especially when his record is exposed. In short, he is thin skinned and confrontational, and he gets very personal.

CONCLUSION

In the event that progressive Democrat Mayor Tim Keller and Conservative Republican Dan Lewis do in fact face off against each other in 2025, the city will once again be faced with voting for the “lesser of two evils” as it was in 2021.

On July 6 Mayor Tim Keller announced that his administration is “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller wants to initiate major changes by the end of July on how to deal legally with homeless encampments and in particular Coronado Park.

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.krqe.com/news/albuquerque-metro/city-looking-to-clear-homeless-camp-at-coronado-park/

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

Keller’s announcement was made almost a month after a fourth murder in the last two years occurred at Coronado Park, located at third and Interstate 40. Over the last 10 years, Coronado Park has essentially become the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. Residents and businesses located near the park have complained to the city repeatedly about the city’s unwritten policy to allow the park to be used as an encampment and its use as a drop off by law enforcement for those who are transported from the westside jail.

At any given time, Coronado Park has 70 to 80 tents crammed into the park with homeless wondering the area. The city park has an extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. City officials have said it is costing the city $27,154 ever two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

The link to news source material is here:

https://www.krqe.com/news/crime/apd-man-dead-after-coronado-park-shooting/?utm_source=facebook.com&utm_medium=referral&utm_campaign=socialflow&fbclid=IwAR1oETVJuIwdpb0pfMVxFbAH2gWY26NRPdXbcOrhCtByZEMwXbVSUerBhAE

https://www.abqjournal.com/2508302/man-fatally-shot-at-abq-park.html

https://www.kob.com/albuquerque-news/police-records-depict-pattern-of-problems-violence-at-coronado-park/5891961/

REPEAL OF “SAFE OUTDOOR SPACES” NOT A DONE DEAL

Keller’s announcement seeking a change in policy to deal with illegal homeless encampments also comes after tremendous public outcry and objections to the City Council enacting legislation that amended the Integrated Development Ordinance to allow for city sanctioned “safe outdoor spaces”. On June 6, the legislation passed on a 5 to 4 vote.

“Safe outdoor spaces” are city sanctioned managed campsites where the homeless can sleep in tents or cars and access toilets and showers. The designated open space areas would accommodate upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, and would require 6 foot fencing and with social services offered.

On June 22, two bills were introduced at City Council by Brook Bassan that could eventually 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.

The problem is that the city council will not take action on either resolution until August. Safe outdoor spaces will become legal in Albuquerque on July 28 and people can apply for the land use.

Until the two bills are enacted, land owners or operators can submit applications for the land use. The applications need not earn full city approval but must be considered complete. Planning Department spokesman Tim Walsh had this to say:

“An application for [the safe outdoor space zoning] locks in to the existing zoning laws when it is deemed complete. … Therefore, if an application was completed in the interim between when the IDO goes into effect and when a provision was rescinded, the application can still be processed and approved.”

The link to the quoted news source material is here:

https://www.abqjournal.com/2514439/safe-outdoor-spaces-may-be-possible-even-with-repeal.html

KELLER’S STATE OF THE CITY ADDRESS

On Saturday, June 25, Mayor Tim Keller gave his “State of The City” address. Not at all surprising, 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.”

Keller also said in his state of the city address that the city needs “an all-of-the-above approach” to deal with the homeless crisis explaining that includes rental-assistance vouchers, affordable housing development, hotel-to-apartment conversions, and the Gateway Center Homeless Shelter that will be Located in the old Lovelace hospital on Gibson.

https://www.krqe.com/news/albuquerque-metro/city-looking-to-clear-homeless-camp-at-coronado-park/

KELLER PROCLAIMS “REVISITING” POLICY

In announcing his decision of “revisiting” how the city addresses homeless encampments and in particular Coronado Park, Keller said the current situation is unacceptable and said “it’s not going to stand.”

In a meeting with Albuquerque Journal, Keller had this to say:

“We know we need to get our ducks in a row. It is extremely dangerous for our officers, for our civilians, for the unsheltered and for taxpayer funding because of litigation, to make a rash decision about how we handle Coronado … [I have issued] marching orders … But I want to make sure we do the best job we can in terms of getting it right, and not just creating 1,000 other fires all around it.”

According to an Albuquerque Journal report, Keller said developing a new policy to deal with illegal homeless encampments “will require assessing what alternatives are available, determining what resources the city has for cleaning encampments and perhaps how it can do more within existing legal parameters.” Those options include the city’s 2015 settlement agreement with the U.S. Department of Justice (DOJ), signed after the DOJ found a “culture of aggression” within APD and finding APD had a pattern and practice of unconstitutional policing and its 2017 settlement in the federal McClendon lawsuit over jail conditions and overcrowding.

Mayor Keller said he has ordered the city’s legal department to do further “interpretation” of what the city can and cannot do. Keller said this:

“Historically, we have not [interpreted the case]. … We have just said, ‘Well, McClendon’… Well, now we [will] interpret McClendon.”

According to Assistant City Attorney Kevin Morrow, there have been lawsuits around the country about encampments, vagrancy, trespassing in public places and similar issues but few definitive answers.

Morrow said this:

“There hasn’t been clear, clear guidance anywhere [about] the ways in which we can clearly and constitutionally clean up the community while respecting the rights of those experiencing homelessness.”

Mayor Keller also said some solutions could be converting old hotels into apartments, investing in affordable housing, and getting zoning approval for the new Gateway Center Homeless Shelter. Keller’s office did confirm the changes about its homeless camp approach could be coming by the end of July.

The link to the entire quoted Journal article is here:

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

TAKING ANOTHER LOOK AT MC CLENDON

The case of McClendon v. City of Albuquerque is a class-action lawsuit filed on January 10, 1995 in the United States Federal District Court by detainees at the Bernalillo County Detention Center (BCDC) in Albuquerque. The 1995 class-action lawsuit alleged that gross overcrowding and racial discrimination at the jail violated the constitutional rights of inmates.

The federal class action lawsuit sought injunctive and declaratory relief enjoining the operation of the jail exceeding its capacity and operating it with deplorable living conditions.

At the time the lawsuit was filed, the downtown 8 story Bernalillo County detention center, torn down late 2021, had a maximum capacity of 800, but the jail was repeatedly overcrowded with as many as 1,400 inmates who were often doubled up and living conditions were abhorrent. The overcrowding became so bad that the federal court would hold weekly and monthly status conferences and order the release of nonviolent defendants to reduce the overcrowding at the jail.

In 2017 the city entered into a stipulated settlement agreement in the McClendon federal case where the city agreed that people accused of nonviolent misdemeanors will not be arrested where there is no circumstances requiring an arrest. The primary reason for the settlement was to prevent jail overcrowding and it had absolutely nothing to do with or how the homeless are treated.

When it comes to “homeless crimes”, meaning illegal camping, criminal trespassing and loitering, those offenders are not to be arrested as the “primary intervention”. Under the settlement terms, police still have the option to issue citations and still have the discretionary authority to make felony and misdemeanor arrests as they deemed appropriate and where the circumstances warrant.

The city confirmed it’s taking another legal look at the McClendon v. City of Albuquerque settlement agreement from 2017 limiting police officers’ ability to make arrests for non-violent crimes and what kind of discretion the agreement provides officers to make arrests.

The agreement states “…whether a person has a permanent address may not be the sole factor in determining whether to arrest rather than issue a citation.”

The link to quoted news source material is here:

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

POLICE UNION REACTS

The Albuquerque Police Officers’ Association was quick to react to Mayor Keller’s announcement to revisiting city policy on how to deal with the homeless. The police union was just as quick to mislead the general public once again by saying police have been “handcuffed” from doing their job. Shaun Willoughby, president of the Albuquerque Police Officers said police officers have been wanting to enforce the laws but a settlement has prevented that for years. Willoughby had this to say:

“I pray that it means a more aggressive approach from the Albuquerque Police Department. … It’s because of policies like McClendon that have handcuffed police officers. … The police department has kind of strayed away from making misdemeanor arrests in certain criteria in certain circumstances. … Officers had been told through special order and communication not to go into these homeless encampments and enforce the law.”

https://www.kob.com/new-mexico/apd-union-calls-for-aggressive-approach-to-homeless-enforcement/#:~:text=APD%20union%20calls%20for%20’aggressive%20approach’%20to%20homeless%20enforcement,-Chase%20Golightly%20%7C%20KOB&text=ALBUQUERQUE%2C%20N.M.,says%20it%20needs%20to%20happen.

SPECIAL ORDER WITHDRAWN

Ostensibly what Willougby was referring to when he said officers have been told through “special order” not to go into homeless encampments was “Department Special Order 22-46” issued on April 26, 2022 but it was abruptly withdrawn on June 2, 2022. The special order outlined the process APD police were to use for responding to “unlawful encampments on public property.”

The special order was 3 pages and provided in part that “Sworn personnel shall make all reasonable efforts to pursue non­ punitive, services-based approaches and shall not attempt to enforce littering, trespassing, obstruction of sidewalk, and other laws and ordinances … unless [the Family Community Services Department] FCS personnel request such enforcement.” The special order was in effect for mere 5 weeks and was ordered withdrawn on June 2, 2022 by the APD Chief’s office “effective immediately” when it was deemed untenable and too restrictive. It is no longer APD Department policy, yet Willougby falsely proclaims APD cannot go into homeless encampments.

https://www.petedinelli.com/2022/06/05/dinelli-abq-journal-guest-column-why-wont-mayor-apd-chief-get-homeless-out-of-parks-news-update-apd-rescinds-special-orders-not-to-enforce-laws-against-homeless-in-city-parks/

SPECIAL ORDER 17-53 AND SOP 2-80

What has been a common public relations ploy of the APD police union for the past 3 years is to falsely argue that police officers’ hands are tied or they are afraid to do their job for fear of being disciplined. It is not that their hands are tied. The blunt truth is that APD police officer’s failure to do their jobs and enforce the law is more out of fear as opposed to the reality. If an APD officer adheres to their training in constitutional policing practices and APD standard operating procedures, the likelihood of any lawsuit being filed against them, or discipline being imposed, is not at all likely and is remote at best.

It was on May 10, 2018 in a memo addressed by then APD Chief Gorden Eden to all sworn APD personnel that Department Special Order 17-53 was issued. Special Order 17-53 and 2-80 were the result of the settlement of the 20-plus year McClendon Lawsuit. The lawsuit primarily focused on civil rights violations and the conditions within the City/County lockup.

Special Order 17-53 states:

“[A]ll officers shall issue citations when appropriate in lieu of arrests on non-violent misdemeanor offenses. … officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses when there are no circumstances necessitating an arrest.”

The misdemeanor offenses affected by Special Order 17-53 include criminal trespass, loitering, criminal damage to property under $1,000, shoplifting under $500, shoplifting under $250, prostitution, receiving or possessing stolen property under $100. Note that the homeless are not mentioned. When a citation is issued for trespass or loitering, the officer can instruct the nonviolent offender to move on under the threat of arrest. The policy remains in place to this day.

The memo makes it clear that officers may make an arrest if it is necessary, and if they do, an incident report must be prepared, and the incident report must include the reasons why an arrest was made. At the time the special order was issued, then Assistant Chief Robert Huntsman issued the following statement:

“This order in no way restricts officers’ discretion to make arrests when necessary to protect the public. Citations have always been an available option for certain non-violent misdemeanor offenses. This special order … [is to]remind officers to issue citations ‘when appropriate’ and ‘when there are no circumstances necessitating an arrest.’ We are still aggressively pursuing repeat offenders, and this order does not change an officer’s ability to arrest.”

The fact that police are required to file offense reports with nonviolent misdemeanor arrests justifying the arrest more likely than not contributes to an officer’s reluctance to act given the high volume of calls for service police are dispatched to on any given day. The time it takes to write and offense report detailing the facts and circumstances of a nonviolent crime can be time consuming with time better spent dealing with more urgent emergency 911 calls.

CYNICAL REACTION TO KELLER’S REVISITING HOW TO DEAL WITH ENCAMPMENTS

Doreen McKnight is the president of the Wells Park Neighborhood Association. Coronado Park is located within the Wells Park Neighborhood. According to McKnight, Coronado Park is much more than just an eyesore, it’s a dangerous place. McKnight had this to say:

“We have a lot of drug use. There’s a lot of crimes there, numerous people have been murdered there. Some years ago there was a woman that was sexually assaulted there. I’m sure there’s probably been unreported sexual assaults there and it’s really, really dangerous. … I think that the issues with the city to address homeless encampments have been the same issues that have been going on for years. So, I’m not exactly sure what they intend to change. I’m glad they’re revisiting this, but I think they do this every couple years when there’s a lot of complaints about it.”

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

On June 22, Democrat City Councilor Louie Sanchez during a lengthy discussion about illegal encampments had this to say:

“The [Keller] administration is 100% ignoring what we’re talking about here and what is going on and what the citizens of Albuquerque are demanding. … Why is the administration, [and police] afraid of taking care of business at Coronado Park? It’s a crime-infested, illegal, de facto sanctioned-by-the-city park, and we are spending thousands and thousands of dollars on it.”

City Councilor Pat Davis said he was pleased to hear about the Keller Administration’s policy review after he complained during the June 22 council meeting that the city lacks a “comprehensive homelessness strategy” and having asked city attorneys to look at how other cities in the region are legally tackling the situation. Davis said the administration has too often “leaned on” the fear of lawsuits and he said this:

“We’ve heard a lot of hand-wringing and ‘I’m worried we’ll get sued.” … But we don’t know how other cities address it. … I’m excited [the policies are being revisited] and they’re taking the lead and trying to answer some of those questions.”

The American Civil Liberties Union of New Mexico cautioned that any potential policy change that emerges from the Keller Administration review must account for the rights of the unhoused. ACLU of New Mexico legal director Maria Martinez Sanchez said in a statement:

“We cannot comment on a policy we have not yet seen, however, any decision the City makes with respect to Coronado Park or other issues regarding our unhoused population must not further criminalize poverty or homelessness and must respect the civil and constitutional rights of those living in encampments … The solutions to these problems are not sweeping people under the rug or throwing them in jail.”

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

CLEANING OUT THE ILLEGAL ENCAMPMENTS

According to city officials, the city is clearing out close to 100 encampments a month, with 732 camps cleared since the beginning of the year. According to city officials, the reason for Coronado Park becoming such a large homeless encampment is the pandemic. The city did not clear out the park to minimize the spread of COVID-19. City officials are now saying they are trying to find a way to clear the park but have nowhere to send those staying there.

Dave Simon, Director of Albuquerque Parks and Recreation Department had this to say about Coronado Park:

“We thoroughly clean it once every two weeks; what we have here is a temporary situation that’s better than the alternative, which is to have many homeless encampments throughout the neighborhood. ”

The link to quoted news source material is here:

https://www.krqe.com/news/albuquerque-metro/city-looking-to-clear-homeless-camp-at-coronado-park/

COMMENTARY AND ANALYSIS

There is little doubt that Coronado Park has now become a symbol of Mayor Tim Keller’s failure as Mayor to deal with the homeless crisis. Whatever changes in policy Keller comes up with now to deal with the homeless encampments will likely fall short given his propensity to be only concerned about the superficial, public relations and the sound bite.

What Keller now comes up with will be viewed as his acknowledgement of his failure to deal with the crisis over the last 4 years. What Keller has shown is just how insensitive he has been to the needs of the general public and to public safety in order to push his own personal agenda.

Keller has allowed a once beautiful and pristine park dedicated to public use to become a festering blight on the community. Simply put, it has become an embarrassment with the city violating its own ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinance.

Below is a guest opinion column published by the New Mexico Sun entitled “The ‘political movida’: Albuquerque city council redistricting map” that was published on July 5:

“Every 10 years, the Albuquerque City Charter requires that the Council appoint a committee composed of an equal number of representatives from each Council District to review and make recommendations redistricting each City Council Districts based on information from the Federal Census. Seven maps have been submitted to the citizen-led redistricting committee.

Six of the maps make adjustments that are minor and essentially “tweak” the existing Districts, respecting the existing borders and neighborhoods. One map submitted by Democrat City Councilors Pat Davis and Tammy Fiebelkorn they came up with by themselves is the most radical map of all the 7 maps under consideration. The map divides and guts both their council districts.

It is not at all difficult to figure out what progressive Democrats Pat Davis and Tammy Fiebelkorn want. The Davis/Fiebelkorn redistricting map can only be considered an abomination. It is a prime example of gerrymandering at its very worst designed to protect incumbent Tammy Fiebelkorn while the departing city councilor Pat Davis thumbs his nose at his own City Council District 6.

If Fiebelkorn wants to represent the Nob Hill area by excluding a large portion of her own existing district, or for that matter wants to represent the International District and speak for the marginalized, she had no business running for City Council District 7 a few months ago. She now wants to gut the district she represents, jettison a large portion of the district and raid another council district for supporters.

City Councilor Fiebelkorn said of the Davis/ Fiebelkorn concept map submitted would give the International District’s “large, culturally significant population” a more united voice on the council, yet she does not represent them. She said she thinks International District residents may have more in common with residents just north of Lomas than with the current district that includes Nob Hill, which she called a “completely different demographic.”

Fiebelkorn said this:

“One of the baselines of redistricting is that we find ways to make marginalized communities have a voice. … I want … what would be the best to make sure everybody is represented in a fair and equitable way. … we [must] find ways to make marginalized communities have a voice. … [and give] large, culturally significant populations [a more united voice on the council].”

Fiebelkorn is not talking about her own district when she says she wants to help the marginalized. She is referring to the International District, a minority area she does not want to be included in her own new district. Fiebelkorn does not currently represent the Nob Hill area, yet she is now advocating just that by cutting it out and placing it in District 7 ignoring those she currently is supposed to be representing. Simply put, Fiebelkorn wants to “raid” District 6 and absorb the highly progressive Nob Hill area, knowing full well it will increase her own reelection chances.

City Councilor Pat Davis for his part had this to say about the proposed Davis/ Fiebelkorn map:

“I think we should have some different voices on the City Council. … If you look at it now, the entire east side of the city is represented by white folks, and I think that shows the current districting is leaving some people out of the process.”

Pat Davis needs to look into a mirror and while he is at it tell Tammy Fiebelkorn that she is not a woman of color. They are both one of those “white folks” that Davis complains about. Both pretend to know “marginalized communities” and stick their noses into minority issues when they both can be considered “white privilege”. Councilor Davis has said he is not likely running for a third term and inclined to honor his commitment to only run for two terms.”

Both City Councilors Pat Davis and Tammy Fiebelkorn act like the city council districts they represent are their personal property they can carve up and pick and choose who they want to represent. They show a definite lack of respect for the constituents who put them in office reflecting a lack of understanding what public service is all about.

Fiebelkorn should resign now from the City Council so she can move into District 6 and run next year to replace Pat Davis. As far as Pat Davis is concerned, he should also resign so that a person who really wants to represent the district can be appointed, perhaps a person of color and not some “white folk” or some self-righteous “white privilege dude”.

https://newmexicosun.com/stories/628017005-the-political-movida-albuquerque-city-council-redistricting-map

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/

The link to a related blog article is here:

2022 City Council Redistricting Committee Ranks 8 Recommendations; Potential For Swing Districts; Davis/Fiebelkorn Citizen Map 4 Is “Political Abomination”; Gerrymandering Guts Stable Districts; Voters Urged To Contact Counselors To Voice Concerns

On July 6 Mayor Tim Keller announced that his administration is “revisiting” its policies on how it addresses homeless encampments that are an increasing problem throughout the city. Keller wants to initiate major changes by the end of July on how to deal legally with homeless encampments. Keller’s announcement came about a month after a fourth murder in the last two years occurred at Coronado Park, located at third and Interstate 40. Over the last 10 years, Coronado Park has become the “de facto” city sanctioned homeless encampment where upwards of 70 to 80 homeless tents can be found at any given time.

Keller’s announcement also came after tremendous public outcry and objections to the City Council enacting legislation to create 18 city sanctioned homeless encampment known as “safe outdoor spaces”, with two encampments in each of the 9 city council districts. A city council resolution has now been introduced repealing the “safe outdoor spaces” authorization.

Writer and commentator Rudolpho Carrillo, who was a 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 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. Carillo.

THE MYTH OF THE FUTURE OR SHELTER FROM THE STORM
By Rudolfo Carrillo

TOIL AND BLOOD

When it suddenly dawned on the inhabitants of Northeast Heights, New Mexico that there were literally thousands of humans without homes wandering the periphery of their humble desert outpost, living off the fat of the land, smoking stuff and further, carrying on in plastic tents and under tarps while bereft of toilets and other hygienic machinery, a cry rose up through that land.
And the cry was one of horror and of shame, and it told those disenfranchised masses to go to hell, to stay away from the green lawns and Pueblo Revival architecture, the award-winning schools and the clean grocery stores that were stuffed full of fresh fruit and bread and meat and beer.

Somewhere near the real action, on the edge of all things, in a small public green space named after a hyper-violent soldier of Charles IV and the Holy Church—a conquistador whose other notable engagements included murderous sieges at Zuni and Acoma—a motley collection of campsites arose and grew and a city within the city erupted from the mud after a long-needed rain drenched Albuquerque.

Much as Coronado the Conquistador might have imagined it, as his glory would have wanted it, there was indeed much frothy human intercourse taking place on that half-acre that bore his name. And that stuff, born upon human backs and twisted by human hands was of the same material as occurrences happening on a larger scale in this city or that city, anywhere on the globe. Here was just another place where the hairless apes lived in all their glory, accompanied by angels, drowning in their own filth.

For some reason unknown to mystics and scientists alike, the people of the Northeast Heights thought themselves to be better, to be composed of a different substance than their fellows out there wandering the Earth, sleeping under the stars, eating from a dumpster, in need of adequate healthcare and perhaps pondering the downfall of the human conscience in the face of hyper capitalism, in the age of the spectacle, where celebrity status or its simulacra meant much more than hunger or frailty.

A WORLD OF STEEL-EYED DEATH

Meanwhile, the state of affairs on the planet supporting all of this selfish nonsense was nearing a crisis point. It was a hot summer alright, and a brutal war was still being waged in Europe. All sorts of thousands of humans and the constructs of their culture were being destroyed in the name of nationalism. Don’t even ask about the animals or the paintings.

And it came to pass that summer that the forces of the patriarchy rose from the sepulcher built by your grandparents to last 1000 years. They were as dark as anything Saruman could muster and wanted control of the flesh, especially over those tingling forms that were not theirs.

After all this and the pandemic too, our hearts did not grow larger. In fact, we put that part of the flesh away in a pretty, bejeweled box a long time ago, maybe on that very morning Trump’s minions stormed the capitol building while we helplessly watched it go down on our big-screen, streaming teevees. That vasty space we have encountered this week—on television, at the City Council meeting, on our favorite news sites—is our own emptiness.

Formless and infinite, the thing we’ve poisoned ourselves with is everywhere and nowhere at once. Allatonceness, formerly a vaporous cultural characteristic bound to save us from postmodernism, has instead rendered us faithless and immobile in the face of a growing number of existential threats.

A WALL BETWEEN US

If the homeless have no place to go—except away from our vision of what a community of humans really looks like—then what’s next?

If the traitorous are allowed to disperse themselves peacefully into the body politic, what then?

If those who seek control of the minds and bodies of free citizens come to power, how will we survive?

At home, the prices of gasoline and milk climb exorbitantly and the divide between rich and poor grows geometrically while the settlers circle the wagons and the family you know from church or work or shopping intervals had to give up their apartment for the luxury of a 1997 Chevy Suburban that was always on the road, trundling toward an unknown and unacceptable fate.

Meanwhile some member of some neighborhood association in Northeast Heights, New Mexico is going on and on, nearly screaming at their government representative about the crime, the drugs … the feces. The feces. And the councilwoman is listening because the thing she fears most is not institutional racism, is not endemic poverty, is not the empty bellies of her children, is not the end of the world or even unflushed human sewage, but rather the next election day in her district.

My only advice on how to escape from the dangerously ridiculous situation we’ve engendered and thereby save the planet Earth comes from the internetz, from the imaginary world of movies, from a fictional speech given by a mythically fictional newsman. It’s a perfect way to end this column, given the absurdity we’ve descended into. If language got us where we are now, maybe it can get us out.

HOWARD BEALE REVISITED

“I don’t have to tell you things are bad. Everybody knows things are bad. It’s a depression. Everybody’s out of work or scared of losing their job. The dollar buys a nickel’s worth; banks are going bust; shopkeepers keep a gun under the counter; punks are running wild in the street, and there’s nobody anywhere who seems to know what to do, and there’s no end to it.

We know the air is unfit to breathe and our food is unfit to eat. And we sit watching our TVs while some local newscaster tells us that today we had 15 homicides and 63 violent crimes, as if that’s the way it’s supposed to be!

We all know things are bad—worse than bad—they’re crazy.

It’s like everything everywhere is going crazy, so we don’t go out anymore. We sit in the house, and slowly the world we’re living in is getting smaller, and all we say is, ‘Please, at least leave us alone in our living rooms. Let me have my toaster and my TV and my steel-belted radials, and I won’t say anything. Just leave us alone.’

Well, I’m not going to leave you alone.

I want you to get mad!

I don’t want you to protest. I don’t want you to riot. I don’t want you to write to your congressman, because I wouldn’t know what to tell you to write. I don’t know what to do about the depression and the inflation and the Russians and the crime in the street.

All I know is that first, you’ve got to get mad.

You’ve gotta say, ‘I’m a human being, goddammit! My life has value!’

So, I want you to get up now. I want all of you to get up out of your chairs. I want you to get up right now and go to the window, open it, and stick your head out and yell,

‘I’m as mad as hell, and I’m not going to take this anymore!’”

BOUND TO CROSS THE LINE

In that sunny, summery and only occasionally rainy interregnum that follows that suggested outburst and upon the relief of your very soul, if you all have any ideas about this year’s world series—saying we do make it through early November before Putin deploys the RS-28 Sarmat missile—email me here. I’ll tell you right now as I take my exit, though: I’m a big Dodgers fan and will always believe in miracles.

That about says it, and I’d wish all you humans the best of luck with the coming global crisis we’ve created through our own mismanagement and greed, but I’ll be right there with you the whole time, so I’m sure we’ll talk again, right? Why, maybe my tent will be next to yours! Be careful and keep your distance for now, though: the poodle bites.

_________________

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 currently 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 will present work written for this site at the 43rd convocation of the Southwest Popular/American Culture Association. His latest creative writing can be read at Infinity Report with the link here: http://infinityreport.blogspot.com

Every 10 years, the City Charter requires that the Council appoint a committee composed of an equal number of representatives from each of the 9 Council District to review and make recommendations regarding redistricting the 9 Council Districts based on information from the Federal Census. The Committee was tasked with using the population data from the official 2020 U.S. Census along with any other pertinent information to make a report recommending changes in the Council District boundaries that the Committee decides are necessary based on constitutional principles governing voting rights, population, compactness and other related factors.

The Committee was made up of 18 members, one voting member and one alternate member from each of the 9 City Council Districts. Research & Polling, the most reliable and accurate polling company in New Mexico and for decades has been help with congressional and legislative redistricting. The firm was hired as consultants and provided the committee with 5 initial Concept Maps, titled Map A through E. In addition, the City and Research & Polling contracted with DistrictR, an online mapping tool that allows the public to submit their own maps with 5 maps submitted by citizens.

CURRENT CITY COUNCIL MAKE UP

After the December 7, 2021 City Council runoff election, the city council is split 5 Democrats to 4 Republicans, but ideology split 5 conservatives to 3 progressives and one moderate. The breakdown by name is as follows:

DEMOCRATS

District 1 Conservative Democrat Louie Sanchez
District 2 Progressive Democrat Isaac Benton
District 3 Moderate Democrat Klarissa Peña
District 6 Progressive Democrat Pat Davis
District 7 Progressive Democrat Tammy Fiebelkorn

REPUBLICANS

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

EIGHT MAPS RATED AND RECOMMENDED

On June 29, the Redistricting Committee held its very last meeting and voted to select 8 maps they would rate and recommend to the City Council. The committee voted on a 5 – 4 vote to send all 8 maps to the city council with their recommendation. A final written report was released on July 1. Ultimately, the city council will decide maps it will adopt or reject and for that matter come up with their own map ignoring the recommendations of the committee. The 8 maps are labelled as follows:

Research & Polling Concept Map A,
Research & Polling Concept Map D,
Research & Polling Concept Map E,
Citizen Map 1,
Citizen Map 2,
Citizen Map 3,
Citizen Map 4, and
Citizen Map 5.

On June 29th the Redistricting Committee met for the final time. The committee decided not to settle on a single map but rated and ranked each of the 8 maps. After rating each map, the committee voted to send all 8 maps to the City Council for their consideration and final selection. the Committee rated each of the 8 maps on a 5-point scale, ranging from 0 to 4. The rating scale was:

4 – Strongly recommend
3 – Recommend
2 – Neutral/ mixed feelings
1 – Do not recommend
0 – Strongly do not recommend 3

The link to review all 8 redistricting maps is here:

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

On June 29 the Redistricting Committee voted to rate and ranked the maps as follows:

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

THE REDISTRICTING MAPS

Following is a detailed description of the 8 redistricting maps, identifying current city councilors, that have been forwarded to the City Council for their review and final selection.

EDITOR’S NOTE: In the interest of clarity, each one of the city council district numbers are followed by the last name of the incumbent city councilor, i.e. District 2 (Benton)

1. Concept Map A

Concept Map A scored the highest with a total rating of 24 and an average rating of 2.7. The objective of this map was a minimal change map to account for population changes and minimize voter confusion. No incumbents are displaced nor paired against each other. The city council districts are identical to current districts with respect to Districts 3 (Peña), 4 (Bassan) and District 9 (Grout). However, District 5 (Lewis) lost population. Its boundary with District 1 (Sanchez) moves north to the bluff south of the Petroglyph Estates. District 2 (Benton) crosses the river between Central and I-40 to Coors taking the West Mesa and Pat Hurley neighborhoods from District 1 (Louie Sanchez). District 6 (Davis) moves west into District 2, (Benton) from Buena Vista to I-25 between Gibson and Lomas. District 6 (Davis) also takes the University West area (including Carrie Tingley Hospital) from District 2 (Benton). District 7 (Fiebelkorn) moves south into District 2 (Benton) from I-40 to Lomas between I-25 and Carlisle not including the University West area. District 8 (Trudy Jones) moves into District 7 (Tammy Fiebelkorn) from Montgomery to Comanche between Wyoming and Eubank.

2. Citizen Map 2

Citizen Map 2 scored the second highest with a total rating of 19 and an average rating of 2.1. Citizen Map 2 stated objective was to decrease the population deviation in District 8. No incumbents are displaced nor paired against each other. Citizen Map 2 is identical to Concept Map A with respect to Districts 1, 2, 3, 4, 5, 6, & 9. However, District 8 (Jones) moves further south into District 7 (Fiebelkorn) than in Concept A to Candelaria between Wyoming and Eubank.

3. Concept Map D

Concept Map D scored the third highest with a total rating of 16 and an average rating of 1.8. The objective of this map is to provide a different orientation of the eastside districts by creating a foothills district and a far NE Heights district. Two incumbents are paired against each other with incumbents from District 4 (Bassan) and District 8 (Jones) paired in District 8 (Jones). The Concept D map is identical to Concept A with respect to Districts 1, 3, and 5. District 9 (Grout) becomes a Four Hills/foothills district, it follows Juan Tabo to Montgomery and basically goes from Four Hills to El Dorado High School. District 8 (Jones) becomes a far NE Heights district. From the east side of the city, the southern boundary follows Montgomery to Juan Tabo, then follows Spain to Wyoming, up to San Antonio, then follows San Antonio to I-25 then crosses I-25 along Paseo del Norte. District 4 (Bassan) takes everything south of District 8 (Jones) and north of Candelaria between Juan Tabo and I-25 except for the neighborhoods between Comanche and Candelaria and Carlisle and I-25 which go into District 7 (Fiebelkorn). District 7 (Fiebelkorn) mostly takes everything between I-25 and Juan Tabo south of District 4 (Bassan) and north of Lomas. District 7 (Fiebelkorn) does not include University West, which is in District 6 (Davis) and does go south of Lomas to Central between Wyoming and Juan Tabo. District 6 stays mostly south of Lomas except for University West and runs from I-25 in the west to Wyoming in the east. South of Central, District 6 goes to Eubank. District 2 (Benton) crosses the river to Coors between Central and I-40 and stays west of I25. Moves north into District 4 (Bassan) to Paseo del Norte.

4. Citizen Map 1

Citizen Map 1 scored 4th highest with a total rating of 13 and an average rating of 1.4. This map was originally submitted by Scotti Romberg. The stated objective of the map was to achieve city council districts that were more equal in population. No incumbents are displaced nor paired against each other. Citizen map 1 is identical to Concept A map with respect to Districts 3 (Peña), 4 (Bassan), 5 (Lewis), and 6 (Davis). In contrast to Concept A, the West Bluff area north of I-40 and east of Coors moves from District 1 (Sanchez) into District 2 (Benton). Compared to Concept A, District 9 (Grout) moves west into District 7 (Fiebelkorn) moving from Eubank to Easterday Dr between Constitution and I-40. District 8 (Jones) takes two precincts additional from District 7 (Fiebelkorn) between Eubank and Moon and Comanche and Candelaria compared to Concept A

5. CITIZEN MAP 5

Citizen Map 5 scored 5th highest with a total rating of 12 and an average rating of 1.3. Citizen Map 5 was originally “the Fairness for Our Future” map plan. The stated objective of the map is to increase representation for the west side and create an additional majority Hispanic district. Incumbent from District 6 (Davis) and District 7 (Fiebelkorn) are paired against each other in District 7. The incumbent from District 2 is moved to District 6 (Davis). Both City Council Districts 2 (Benton) and 6 (Davis) cross the river to Unser between Central and I-40. District 6 (Davis) takes in Barelas. The other districts are similar to the current alignments.

District 5 (Lewis) is very similar to Concept A. District 1 (Sanchez) moves a little further north into District 5 (Lewis), keeping District 5 (Lewis) on the negative side of the allowable population deviations. District 2 (Benton) crosses the river to Unser between Los Volcanes and I-40 and takes the two West Bluff precincts north of I-40 and east of Coors. District 2 (Benton) stays north of Bell between 2nd and Buena Vista and keeps the Huning Castle neighborhood,but loses the Albuquerque Country Club to District 6 (Davis). District 2 (Benton) crosses I-25 to Carlisle into District 7 (Fiebelcorn) between I-40 and Montgomery. District 6 (Davis) crosses the river to Unser between Central and Los Volcanes. District 6 (Davis) also crosses the river south of Central to the Arenal Main Canal. District 6 (Davis) stays south of Central between Buena Vista and San Mateo and then moves to Lomas between San Mateo and Wyoming. District 9 (Grout) moves west from Eubank to Wyoming south of Menaul. District 9 (Grout) also stays south of Indian School as District 8 moves south. District 8 moves south from Menaul to south of Indian School and east from Eubank to Morris. The boundary between Districts 4 and 8 changes slightly with District 8 moving north into District 4 from San Antonio to San Franciso east of Ventura and District 4 moving east into District 8 from Wyoming to Moon between Academy and Spain. District 4 (Bassan) moves south into District 7 (Fiebelkorn) from Montgomery to Comanche between Carlisle and San Mateo. District 7 (Fiebelkorn) takes UNM and the north campus area from District 6 (Davis). District 7 (Fiebelkorn) moves south of Lomas to Central between UNM and San Mateo. District 7 (Fiebelkorn) curves around District 9 (Grout) to Indian School between Eubank and Morris.

6. CITIZEN MAP 3

Citizen Map 3 scored sixth highest with a total rating of 9 and an average rating of 1.0. This map was originally the Historic COI Revised map. The stated objective of Citizens Map 3 Citizen’s is to place the historic core of Albuquerque into a single district, District 2 (Benton). No incumbents are displaced nor paired against each other. Citizen Map 3 is identical to Concept A with respect to City Council Districts 1 (Sanchez) and 5 (Lewis). Citizen Map 3 is also identical to Citizen Map 1 with respect to Districts 8 (Jones) and 9 (Grout).

Two districts crossing the river – one north of Central to Coors and one south of Central to Atrisco ditch. District 2 (Benton) crosses the river to Coors between Central and I-40 and retains the core of Downtown. District 2 (Benton) crosses I-25 to Girard between Avenida Cesar Chavez and Lomas. Crosses Lomas to take in University West. District 3 (Peña) stays west of the Atrisco ditch south of Central. District 6 (Davis) takes the Huning Castle neighborhood and the part of Barelas south of Anderson. The northern and eastern boundaries of District 6 (Davis) are the same as current boundaries. District 4 (Bassan) moves south into District 2 (Benton) from Montaño to Comanche west of I-25.

Citizen Map 3 is identical to Concept A with respect to Districts 1 (Sanchez) and 5 (Lewis). Citizen Map 3 is also identical to Citizen Map 1 with respect to Districts 8 (Jones) and 9 Grout). Two districts cross the river one north of Central to Coors and one south of Central to Atrisco ditch. District 2 (Benton) crosses the river to Coors between Central and I-40 and retains the core of Downtown. District 2 (Benton) crosses I-25 to Girard between Avenida Cesar Chavez and Lomas. Crosses Lomas to take in University West. District 3 (Peña) stays west of the Atrisco ditch south of Central. District 6 (Davis) takes the Huning Castle neighborhood and the part of Barelas south of Anderson. The northern and eastern boundaries of District 6 (Davis) are the same as current boundaries. District 4 (Bassan) moves south into District 2 (Benton) from Montaño to Comanche west of I-25.

7. CONCEPT E MAP AND CITIZENS MAP 4 TIED FOR SEVENTH

Research and Polling Concept E map and Citizens Map 4 tied for seventh highest place each with a total rating of 7 and an average rating of 0.8. Both these maps have a dramatic effect on splitting up two districts. The Concept E map splits up the downtown area between Districts 2 (Benton) and 6 (Davis). The citizens Map 4 concept map splits up the two mid-heights Districts 6 (Davis) and 7 (Fiebelkorn).

THE CONCEPT E MAP

The Concept E map objective was to redistribute the downtown area between Districts 2 (Benton) and 6 (Davis) . This map has the incumbents from District 2 (Benton) and District 6 (Davis) paired off in District 2 (Benton). The Concept E map is identical to Concept A with respect to Districts 1 (Sanchez) and 5 (Lewis). On the east side of the city, the districts all move a little clockwise so that District 6 (Davis) can come into Barelas and the southern part of downtown. District 2 (Benton) crosses the river to Coors between I-40 and Central and to the ditch south of Central. The southern boundary of District 2 (Benton) stays mostly along Central east of the river. District 2 (Benton) stays west of I-25 north of I-40 and west of Carlisle between I-40 and Central. District 2 (Benton) moves north into District 4 (Bassan) from Montaño to Osuna west of I-25. District 6 (Davis) stays south of Central west of Carlisle and south of Lomas between Carlisle and Wyoming. District 9 (Grout) moves west from Eubank to Wyoming, staying south of Indian School. District 8 (Jones) moves south from Menaul to Indian School and west from Eubank to Wyoming. District 4 (Bassan) moves into District 8 (Jones) taking everything north of Montgomery west of Eubank and Juan Tabo. District 7 (Fiebelkorn) stays west of Wyoming and moves north into District 4 from Montgomery to Academy. District 3 (Peña) stays west of the ditch south of Central.

CITIZEN MAP 4

Citizen Map 4 was originally the citizens map prepared and submitted by Democrats City Councilors Pat Davis and Tammy Fiebelkorn. The stated objective of Citizens Map 4 was to “rethink the orientation of the two mid-heights districts 6 (Davis) and 7 (Fieblekorn) without adjusting the other districts. The incumbents from District 6 (Davis) and District 7 (Fiebelkorn) are paired in District 7 (Fiebelcorn). Citizen Map 4 is identical to Citizen Map 2 with respect to Districts 1, 3, 4, 5, 8, and 9. City Counsil District 2 (Benton) takes the two precincts north of the Kirtland Addition. Districts 6 (Davis) and 7 (Fiebelkorn) take on a vertical rather than horizontal orientation. District 6 (Davis) takes everything south of Menaul between San Mateo and Eubank as well as the neighborhoods between Candelaria and Menaul between Louisiana and Eubank. District 7 (Feibelcorn) stays south of Montgomery, east of I-25 and mostly west of San Mateo.

PRINCIPLES OF REDISTRICTING OUTLINED

The City Council Resolution creating the 2022 Redistricting Committee gave specific guideline rules the committee was to follow when considering district boundaries. According to the Council Resolution, City council Districts are to be contiguous, relatively compact with as few geographic extremes as possible, attempt to preserve communities of interest, adhere to existing precinct lines, except where divided by municipal boundaries, and follow Constitutional principles governing voting rights. Further, the City Council redistricting committee were allowed to preserve the core of existing districts and consider the residence of incumbents. However, the committee was not to use partisan election data or registration data in designing redistricting maps.

The City Council Redistricting Committee was required to follow 5 major principles for redistricting. Those principles were as follows:

1. Population Equality

Districts shall be substantially equal in population accordance with the principle of “one person – one vote” as defined by law and case law. For the City of Albuquerque, districts shall not deviate from the ideal population by more than 5 percent. The ideal population of each city council district is defined by dividing the total population of the City by nine city council districts.

2. Minority Voting Rights

Districts will be designed to provide appropriate participation in the electoral process for protected racial and ethnic groups in accordance with the U.S. Constitution, federal voting rights legislation and case law. It is important to avoid diluting minority voting strength, however, pursuant to United States Supreme Court decisions, race shall not be the predominant consideration in the creation of election districts.

3. Compactness

Districts will be created which are not bizarre in shape. Compactness of a district is sometimes affected by irregular outer boundaries of a jurisdiction. While there are many measures of compactness, no single measure has been accepted as the most appropriate to use.

4. Contiguity:

Each district will be contiguous, that is, each district will be made up of one district part, not two or more separated from the rest of the district by another.

5. Communities of Interest

Districts will be designed, if possible, to respect communities of interest. Communities of interest which may be considered include but are not limited to maintaining the core of existing districts; location of incumbents (i.e. keeping current elected officials unpaired in the new districts); physical features; neighborhoods; cultural/historical traditions; and precincts. However, accounting for communities of interest is subordinate to maintaining population equality, contiguity, and preserving minority voting rights.

2020 CENSUS AND DEMOGRAPHIC CONSIDERATIONS

From the 2010 Census to the 2020 Census, the City of Albuquerque grew by 3.4%. However, this growth was not distributed evenly through the City, resulting in the population deviation of some districts exceeding the ideal population by more than +/- 5%, the maximum allowable by state law.

The districts that had a population deviation of greater than +/-5% are District 5 (Lewis) (+15.9%), District 6 (Davis) (-7.1%), and District 8 (Jones) (-8.2%). Therefore, at a minimum, District 5 (Lewis) needs to lose population, and both Districts 6 (Davis) and 8 (Jones) need to gain population.

While some districts currently fall within the allowable deviation range, they could be impacted by the ripple effect of modifying the districts that do need to change. Additionally, there are currently three wholly contained city council districts west of the Rio Grande. Combined, these three westside districts exceed the ideal population by approximately 14,500 people. This is about a quarter of a district. Thus, the westside districts need to shed a significant amount of population to a district crossing over from east of the Rio Grande.

The link to the final 2022 City Council redistricting report that also contains current and proposed City Council District Maps is here:

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

COMMENTARY AND ANALYSIS

Now that the redistricting committee has done its work, it is up to the City Council to decide what to do and what concept map to adopt or for that matter draw their own concept map if they want. The council is on summer break for the month of July and will likely decide in September what to do with redistricting. The City Council is under no legal obligation to adopt any one of the 8 maps and conceivably reject all 8 maps and start from scratch and ignore the rankings.

It is easy to see how the redistricting of all 9 City Council Districts could affect the balance of power on the City Council with one or more District becoming a swing District. With that point in mind, Concept Map A, appears the one concept map that will maintain the status quo.

Two others have the potential of creating more than one swing district, with one on the west side or one in the southeast area of the city. Concept Map 3 has two districts crossing the river, one North of Central to Coors and one South of Central to Atrisco ditch. Citizen Map 5 also makes a great effort to create a Hispanic majority district.

Citizen Map 4 was originally the citizens map prepared and submitted by city Councilors Pat Davis and Tammy Fiebelkorn. There is little doubt that Davis/Fiebelkorn concept map is the most radical map of all the 7 maps under consideration. All 7 other maps make adjustments that are very minor in comparison and essentially “tweaks” the existing Districts, respecting the existing borders and neighborhoods and communities.

The one map that should be rejected without question is the Davis/Fiebelkorn Citizen redistricting Map 4 and it can only be considered an abomination. It is a prime example of gerrymandering at its very worse designed to protect newly elected incumbent Tammy Fiebelkorn while the departing city councilor Pat Davis thumbs his nose at his own City Council District 6.

City Councilor Pat Davis is nothing but the hypocrite he is when he says:

“I think we should have some different voices on the City Council. … If you look at it now, the entire east side of the city is represented by white folks, and I think that shows the current districting is leaving some people out of the process.”

Tammy Fiebelkorn is also being a hypocrite and opportunistic to say after a mere 5 months in office:

“One of the baselines of redistricting is that we find ways to make marginalized communities have a voice. … [and give] large, culturally significant populations [a more united voice on the council].”

Pat Davis may want to look into a mirror at himself and while he is at it tell Tammy Fiebelkorn that she is not a woman of color. They are both one of those “white folks” that Davis complains about. Both pretend to know what “marginalized communities” are as they essentially stick their noses into minority issues when they both can be considered “white privilege”.

Fiebelkorn is not talking about her own district when she says she wants to help the marginalized, ostensibly meaning minorities. She is referring to the International District, an area of the city she thinks she knows what is needed as far as representation on the city council is concerned, but an area she does not want to be included in her new, realigned district.

City Councilor Fiebelkorn does not currently represent the Nob Hill area, yet she is now advocating just that by cutting out a large portion of her existing district while ignoring those she currently is supposed to be representing. Fiebelkorn wants to “raid” District 6 and absorb the highly progressive Nob Hill area, knowing full well it will increase her own reelection chances.

It is not at all difficult to figure out what progressive Democrats Pat Davis and Tammy Fiebelkorn are up to. It is more likely than not that Pat Davis has already decided not to run for another term and he now sees the opportunity to help his progressive ally on the city council Tammy Fiebelkorn. Given her performance on the City Council thus far, it is hoped she will be a one term city councilor.

On June 3, Tammy Fiebelkorn said in an email:

“I have active dialogue with D7 constituents all the time and work with them on a variety of projects.”

Fiebelkorn has been in office a mere 5 months. Confidential sources have said what she has actually done since taking office 5 months ago is meet with her progressive supporters, especially those who are animal rights activists, has attended one Neighborhood Association meeting and meets with and listens to and takes direction from progressive Democrat City Councilor Pat Davis.

The dynamic duo of Fiebelkorn and Davis have come up with a City Council redistricting map that amounts to nothing more than a “political movida” to increase Fiebelkorn’s progressive base. The dramatic border revisions proposed by Councilors Pat Davis and Tammy Fiebelkorn will have a direct and negative impact on the International District and Nob Hill and the entire District 7 she represents.

The City Council is currently on summer break and will not reconvene until the August 1 or August 8. Registered voters are encouraged to go to the city web page and review all 8 City

CONTACT YOUR CITY COUNCILOR

The voting public needs review all the redistricting maps make their opinions known about the proposed redistricting maps. Otherwise, the council will vote and it will be 10 years before the public can make thier opinions known.

The email address to each City Councilor and the Director of Counsel services are as follows:

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 1, it was reported that APD Lieutenant Jim Edison who was fired in November 2021 for overtime pay abuse has been reinstated by the city at the same rank pursuant to a settlement reach between Edison and the City. Edison had been with the department for 14 years. He was terminated after an Internal Affairs investigations found he had claimed more overtime hours than he had worked, that he lied to investigators and that he retaliated against the supervisor who initiated the investigation into his conduct. Edison appealed his termination by APD alleging he did nothing wrong and that he was entitled to the overtime claimed and paid.

https://www.abqjournal.com/2513251/apd-lieutenant-fired-in-scandal-reinstated-ex-accusations-of-overtim.html

EDISON’S TRANSFER

Lieutenant Jim Edison’s alleged overtime pay abuse dates back to early 2020 during the first days of the pandemic. At the time, he was transferred to the Chief’s Office to head up APD’s COVID-19 response. Edison was responsible for coordinating testing, contact tracing, pandemic-related stats, emails and phone calls. Edison’s job in the Chief’s Office was primarily administrative desk work. When he was transferred to the Homeland Security Division, his new commander raised questions about the hours he was claiming.

KRQE NEWS 13 INVESTIGATIVE REPORT

According to a March 14, 2021, KRQE 13 Investigative Report, over the course of one year, Lieutenant Jim Edison was paid $242,758 which consisted of a base pay and overtime pay. To put this staggering amount into perspective, hourly based pay for APD Lieutenants in 2020 and 2021 was $40 an hour or $83,200 a year. In other words, Edison was paid $159,558 in overtime in addition to his $83,200 base pay resulting in $242,758 paid in the one year reviewed. Edison was paid $186,944 in 2020 and $173,672 in 2021. In 2020, more than $95,000 was paid in overtime.

Edison was paid upwards of 3 times his base pay all because of overtime which is paid at the rate of time and a half. KRQE reported that in order for Lieutenant Jim Edison to be paid $242,758 yearly figure in 2021, Edison “cheated” on his overtime pay claims every day for a full year. Even though Edison’s overtime pay claims violated APD personnel rules and regulations, APD’s top command staff in the chief’s office failed to oversee it and approved it without any questions.

APD CALL OUT TIME

According to payroll records reviewed by KRQ, on a daily basis, including weekends, Edison claimed thousands of hours in “call-out overtime”. APD policy on “call-out overtime” is that it is paid to off-duty officers who are called back to work outside their regular shift. For example, if there is homicide call out, the Homicide Detective who goes to the crime scene is paid time and a half for reporting to duty in the middle of the night.

Whenever Edison was off-duty and forwarded a voicemail to someone else, Lieutenant Jim Edison claimed two hours of call-out overtime. Records reflect that it was not uncommon for Lieutenant Jim Edison to send emails at 3 a.m. or 4 a.m. and then claim call-out overtime.

Examples of Edison’s overtime pay claims that were found by reviewing payroll records are as follows:

January 8, 2021: Edison went to Lowes to “pick up supplies” and claimed an hour call-out overtime.

January 13, 2021: Edison put in for a half-hour of overtime to investigate who parked in a deputy chief’s parking place.

January 16, 2021: Edison claimed 12 hours in time and a half call-back overtime for making phone calls and sending emails from his home on his day off.

January 22, 2021: Edison documented 7 minutes of off-duty work and claimed 8 hours overtime.

January 31, 2021: On his day off, Edison accounted for 22 minutes of work and then claimed 10 hours and 30 minutes call-out overtime.

February 2, 2021: Before work, Edison emailed a routine spreadsheet to a Deputy Chief and put in for two hours call-out overtime.

From April 2020 to April 2021, Edison claimed $132,964 in questionable overtime payments. Whenever Edison was off-duty and forwarded a voicemail to someone else, he claimed 2 hours of call-out overtime. It was not uncommon for Edison to send an email at 3 a.m. or 4 a.m. and then claim call-out overtime.

The link to the entire KRQE investigative report is here:

https://www.krqe.com/news/larry-barker/worst-ive-seen-apd-overtime-scandal-uncovered/?fbclid=IwAR2TIlXiLXq-846jXOXDUDGq5Yi59yUVGkaiGMJWrc4A0eRKVX6acvV__Qg

A link to a related blog article is here:

https://www.petedinelli.com/2022/03/21/another-day-another-apd-overtime-dollar-scandal-apd-lieutenant-paid-159558-in-overtime-in-2021-400000-overtime-paid-to-4-sworn-in-2020-initiate-civil-collections-criminal-time-card-fraud-act/

WHAT THE INTERNAL AFFAIRS INVESTIGATION FOUND

The Internal Affairs investigation found that Lieutenant Jim Edison was frequently claiming 2 hours or more of overtime for any task he did outside of work hours. An example given is that he would send a master spreadsheet of COVID-19 numbers to his supervisor every morning around 3 a.m. and claim two hours of overtime when the actual time worked was routinely under half an hour. The Internal Affairs investigator concluded that “overall, Lt. Edison could have combined work or completed [his work] during his shift to cut down on overtime.”

The Internal Affairs investigation found that:

“the department failed to adequately re-address and supervise Lt. Edison’s behavior in January 2021 and February 2021, which allowed Lt. Edison to continue to violate the same and additional policy violations.”

Internal Affairs also found that Deputy Chief Michael Smathers failed to ensure Edison was correctly coding his overtime hours and failed to identify that what he was claiming was not within department policy. Smathers received an 8-hour suspension and a letter of reprimand.

CITY SETTLEMENT TERMS WITH EDISON

Edison appealed his termination and reached a settlement agreement with the city in May. Edison’s private Attorney Tim White said Edison was reinstated and has been assigned to the Aviation Department.

Edison threatened to file a lawsuit against the city for wrongful discharge and retaliation based on alleged violations of his civil rights and the New Mexico Whistleblower Protection Act.

The major terms of the settlement agreement negotiated with the city include the following:

1. The city agreed to withdrew its decision to terminate Edison and removed the discipline from his record.

2. Although Edison returned to the department as a lieutenant, he agreed to “self-demote” in the next several months and undergo an audit of his previous pay records to determine whether he was overpaid. No later than November 18 Edison will “voluntarily and irrevocably demote to the rank of sergeant or to patrol officer” and he will not be eligible for any promotions.

3. Instead of the 120-hour and 80-hour suspension he was initially handed, Edison will serve a 96-hour suspension with 16 hours held in abeyance for six months as long as he isn’t subject to further discipline.

4. The city agreed to pay all of Edison’s his back pay since the date of his termination and will pay Edison an additional $20,000. At the time of his termination Edison was paid $40 an hour or $83,200 a year. According to the city’s transparency portal, Edison is now making $43.20 per hour and has earned more than $50,000 so far this year which includes his back pay.

5. The city will conduct an independent audit of Edison’s pay records from February 2020 through May 21, 2021, and “determine whether his claims for overtime were consistent with the law.” If the audit determines Edison was overpaid “the city will first confer with employee for reimbursement and may thereafter pursue collection of overpaid amounts through appropriate judicial process.” If the audit finds that Edison was underpaid, he will be paid as required by the CBA.

6. Edison “retains all rights to deny audit findings and to oppose reimbursement for any reason.”

7. Edison denies he committed any misconduct, and the city denies all allegations he had raised against it.

The link to the quoted news source material is here:

https://www.abqjournal.com/2513251/apd-lieutenant-fired-in-scandal-reinstated-ex-accusations-of-overtim.html

TWO SEPRATE COMPLAINTS INVESTIGATED

An anonymous complaint to Albuquerque’s Civilian Police Oversight Agency (CPOA) launched an Internal Affairs investigation into Lieutenant Jim Edison’s overtime pay abuse. The CPOA investigator concluded Lieutenant Jim Edison violated rules, regulations and codes of conduct by cheating on his overtime. He was handed a two-week suspension.

Despite APD’s investigation, Edison continued to misrepresent overtime on his timesheets which led to a second Internal Affairs investigation. Edison’s supervisor was Deputy Chief Mike Smathers. Even though Edison’s daily overtime clearly violated APD policy, Deputy Chief Smathers never questioned the overtime work claimed by Edison on his timesheet and routinely approved his time on the department’s payroll system.

The Internal Affairs Investigator concluded Deputy Chief Smathers violated multiple rules and regulations by failing to review Edison’s timesheets. Smathers received a one-day suspension for his conduct as a result of the civilian police oversight agency investigation.

In a second Internal Affairs probe, the Investigator concluded Smathers violated APD rules and policy a second time by failing to review Lt. Edison’s timesheets. According to internal affairs Detective Anastacio Zamora:

“There is no evidence Deputy Chief Smathers conducted any follow-up with anyone [except Lt. Edison] to ensure things were done correctly.”

Deputy Chief Smathers was given a written reprimand for his role in the Internal Affairs case. Albuquerque’s Superintendent for Police Reform, Sylvester Stanley, who retired after 8 months on the job, made the final decision to discipline Deputy Chief Smathers.
APD Police Chief Harold Medina bent over backwards to defend Deputy Chief Smathers saying the one-day suspension was appropriate. Medina had this to say:

“Up here on the fifth floor of the Police Department, the executive staff, we’re so busy that to go through the fine details of looking through somebody’s timesheets is not something that we’re going to be carving out time for. … Jim Edison deceived Deputy Chief Smathers and Deputy Chief Smathers took accountability for that and was disciplined.

The biggest thing that Deputy Chief Smathers did wrong is he had faith and belief in Jim Edison. Jim Edison betrayed that trust. And it’s very difficult for me to paint a negative brush on Deputy Chief Smathers for being a good leader, respecting his people, listening to his people and believing in his people.”

https://www.krqe.com/news/larry-barker/worst-ive-seen-apd-overtime-scandal-uncovered/?fbclid=IwAR2TIlXiLXq-846jXOXDUDGq5Yi59yUVGkaiGMJWrc4A0eRKVX6acvV__Qg

POLICE UNION CONTRACT PROVISIONS OF OVERTIME PAY

In October 2021 Lieutenant Jim Edison was fired, not for overtime pay abuse, but for retaliation against the supervisor who had turned him in for his overtime pay abuse. After Edison was terminated for retaliation against a supervisor, Chief Harold Medina said that Edison “wasn’t exactly breaking the law” when it came to the overtime claimed and paid and that he was taking advantage of the union collective bargaining contract.

Under the police union contract, sworn police are entitled to overtime compensation at the rate of time-and-one-half of their regular straight-time rate when they perform work in excess of forty (40) hours in any one workweek. Time worked over 40 hours per week is compensated at time and a half of the officer’s regular rate of pay or in the form of “compensatory time.” Compensatory time is the award of hours as already worked to be paid and is calculated at the rate of 1-1/2 times the hours actually worked. The maximum accrual of comp time for any officer is 150 hours.

Following is the exact language of the police union contract:

“3.2 Overtime
…

3.2.1 Employees shall be entitled to overtime compensation at the rate of time-and-one-half their regular straight-time rate when they perform work in excess of forty (40) hours in any one workweek.

3.2.1.1 The workweek shall consist of seven (7) consecutive days beginning at 0001 each Saturday, or the tour starting the nearest to that time.

3.2.1.2 The workday will be any regularly scheduled, consecutive twenty-four-hour period beginning at the start of the employees regularly assigned shift.

3.2.1.3 In accordance with Subsection 2.5 (FLSA) of this Agreement, the workdays, days off and start times of the shifts will be fixed and will not vary from week to week. The bid will include a variety of work schedules for the four (4) day workweek. A number of work schedules will include a schedule of one (1) start time for two (2) days and another start time for the other two (2) days. Additionally, a number of the schedules will include a schedule of one start time for three (3) days and another time for the other day.
…

3.3.1 Time worked over 40 hours per week will be compensated at 1-1/2 times the officer’s regular rate of pay, or in the form of compensatory time. Compensatory time will be computed at the rate of 1-1/2 times the hours actually worked. The maximum accrual of comp time for any officer, including Aviation Police, is 150 hours.

3.3.2 Upon separation of employment from the Albuquerque Police Department and Aviation, an officer is limited to cash-out of no more than forty (40) hours of unused comp time at straight time pay. Any accrual of comp time over forty (40) hours must be used 6 months prior to separation.

… .”

The 48 page APOA police “Collective Bargaining Agreement” (CBA) with a 3 page addendum can be down loaded as a PDF file at this link:

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

COLLECTIVE BARGAINING UNIT UNDER POLICE UNION CONTRACT

On December 30, 2021, the Mayor Tim Keller Administration signed off on a collective bargaining agreement with the Albuquerque Police Officers Association (APOA) for the time period of effective January 1, 2022 through June 30, 2023. The collective bargaining agreement is identical in terms and conditions to the expired contract except as to pay rates.

Three sections of the police union contract are worth noting. Those sections are:

1.3. Recognition

“ 1.3.1 The APOA is recognized as the Exclusive Representative for regular full time, non-probationary police officers through the rank of Lieutenants in the APD … .

1.3.2. The City of Albuquerque extends to the Albuquerque Police Officers’ Association representing such unit of employees the following rights:

1.3.2.1 To represent the employees in negotiations and in the settlement of grievances.

1.3.2.3 To exclusive representation status during the term of this agreement as provided in the Employee Relations Ordinance.
… .

Term of the Agreement, This Agreement shall become effective on the first full pay period following ratification by the rank-and-file membership, approval by the Mayor, and signature by the parties, and shall remain in full force and effect through June 30, 2020.”

The link to the “Collective Bargaining Agreement” can be downloaded as a PDF file at this link:

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

Note that paragraph 1.3.1 of the union contract provides that APD sergeants and lieutenants, although management, are allowed to be members of the police union. Under the police union contract, they are required to work a 40-hour work week and are then paid time and a half for all time reportedly worked over their 40-hour work week hours. Overtime pay must be approved in writing by supervising personnel and in advance where possible.

The collective bargaining agreement between the city and the police union includes patrol officers, detectives, sergeants and lieutenants provides that when officers are called into work outside of regular hours they are guaranteed pay for a minimum of two hours at the rate of time and a half.

POLICE UNION CONTRACT VIOLATES NEW MEXICO PUBLIC EMPLOYEES BARGAINING ACT

The New Mexico Public Employees Bargaining Act, Sections 10-7E-1 to 10-7E-26 H (NMSA 1978), governs the enforcement of the city’s collective bargaining agreement with the APD police union. Section 10-7E-5 provides for the rights of public employees and states in part:

“Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining … .”

The link to the statute is here:

https://www.pelrb.state.nm.us/statute.php

Simply put, the provision of the APD police union contract that provides that the Albuquerque Police Officers association is the exclusive representative for regular full time, non-probationary police officers through the rank of Lieutenants in the APD violates the provision of New Mexico Collective Bargaining Act that provides that public employee, other than management employees … may form, join or assist a labor organization. APD Sergeants and Lieutenants by their very definitions, duties and responsibilities are management positions, yet they are allowed to be part of the police union that represents them during union contract negotiation and in the settlement of grievances meaning personnel disciplinary actions.

Approximately 16 years ago, then APD police captains were allowed to join the police union and that was deemed as unacceptable in that they were management. The positions of Captain were reclassified and re named Commanders and were excluded from union membership and further made at will positions. The biggest rational for no longer allowing Captains nor Commanders from being members of the union is that they are management, and inherent conflict of interests exists when management is allowed to be part of the union.

SPECIAL AUDIT REPORT RELEASED

On Friday, August 6, 2021, a long-awaited special audit report on overtime abuse by the Albuquerque Police Department (APD) was released by the New Mexico State Auditor. The 64-page audit covered the time period of January 1, 2018 to June 30, 2020. According to the audit, it was the 7th audit performed on APD overtime practices since 2014. The prior 6 audits resulted in 17 findings and recommendation made.

The audit reported that there was an absolute failure to carry out and implement the changes needed to solve the overtime problem. The audits further identify that certain APD police union contract terms and conditions violated the Federal Labor Fair Standards act and that the union contract has contributed significantly to the overtime pay abuse by rank-and-file police officers.

The link to the entire 64-page audit report is here:

https://drive.google.com/file/d/1sIsbWAGpIC2mDFs8bsbQ1BhYDOSXH8Ig/view

LIETENANT JIM EDISON FOLLOWS IN THE FOOTSTEPS APD SPOKESMAN SIMON DROBIK AND MANY OTHERS

The overtime pay scandal involving Lieutenant Jim Edison is a repeat of what happened a mere two years ago, except then it involved APD Public Information Officer Simon Drobik. On Friday, April 12, 2019, it was reported that the APD Civilian Police Oversight (CPO) Agency recommended the dismissal of APD Master Police Officer 1st Class and Public Information Officer Simon Drobik as well as his former supervisor for overtime pay abuse.

The CPO Agency investigation found that in 2018, Drobik was paid $192,973 making him Albuquerque’s highest-paid employee in 2018. The investigation also found that his supervisor was one of the city’s top 11 paid wage earners. The investigation found that throughout 2018 Drobik violated overtime and pay policies more than 50 times by getting paid simultaneously for being on call as a spokesman for APD and working “chief’s overtime” and paid time and a half stationed at local businesses.

On May 2, 2019 it was reported that State Auditor Brian Colon announced that his office had begun an investigation of Drobick.

https://www.abqreport.com/single-post/2019/05/02/BREAKING-State-Auditor-Investigating-Human-Robot-Simon-Drobiks-Overtime-Claims

For successive years, as APD Spokesman, Drobik was routinely among the highest earners in the city. Drobik ranked No. 1 among all city employees in 2018 by being paid $192,973. In 2019, Drobik was ranked as the 7th highest wage earner in 2019. When Drobik retired in July 2020, he had already collected $106,607 for the year when his base pay rate was listed as $31.50 per hour, or $65,520 a year according city records ($31.50 per hour X 2,080 hours a year= $65,520).

Excessive overtime billing has been a persistent problem at APD. Since 2014, seven audits or investigations have examined the issue and found deficiencies in the way the city tracks overtime and corrects officers who may be taking advantage of the system.

LISTING OF 250 TOP PAID CITY HALL EMPLOYEES

Edison and Dolbrik are not the only one who have learned to double and even triple their yearly pay with time and a half overtime. At the beginning of each calendar year, City Hall releases the top 250 wage earners for the previous year. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year.

Review of the 2019, 2020 and 2021 city hall 250 highest paid wage earnings reveals the extent of the staggering amount of overtime paid to APD Sergeants and Lieutenants. The lopsided number of APD sworn police officers listed in the top 250 paid city hall employees is directly attributed to the excessive amount of overtime paid to sworn police officers.

For the past 3 years in a row, over half of the top 250 wages earners at Albuquerque City Hall are APD sworn police officers in the ranks of police officer first class, senior police officer 1st class, master police officer 1st class, sergeant and lieutenant. All earned between $113,126.08 to $199,414.69 a year. All were paid hourly wages for 40-hour work week, and all were paid time and a half for overtime pay.

Police officers first class, senior police officer’s 1st class, master police officers 1st class, sergeants and lieutenant are all members of the APD police union. They are classified employees and can only be terminated for cause. The amounts paid are two and a half times and at times 3 times more than their base yearly hourly pay primarily because of overtime pay which has been the subject of abuse and scandal in the past, including timecard fraud.

All patrol officer positions, and the positions of sergeant and lieutenants are classified employees, meaning not at will employees, and are permitted to be part of the police union and as such are paid time and a half for overtime worked under the union contract.

For both the years of 2019 and 2020, 160 of 250 top paid city hall employees were police who were paid between $107,885.47 to $199,666.40.

2019

In 2019, there were 70 APD patrol officers first class, master, senior in the list of 250 top paid employees in 2019 earning pay ranging from $108,167 to $188,844. Hourly pay rate for Patrol Officers was $29.00 an hour to $31.50 an hour depending upon years of experience.

In 2019, there were 32 APD Sergeants in the list of 250 top paid employees earning pay ranging from $109,292 to $193,666. Hourly pay rate for APD Sergeants was at the time $35 an hour, or $72,800 a year. In 2019, there were 32 APD Lieutenants in the list of 250 top paid employees earning pay ranging from $108,031 to $164,722. Hourly pay rate for APD Lieutenants was at the time $40.00 an hour or $83,200 yearly.

2020

In 2020, there were 69 patrol officers paid between $110,680 to $176,709. In 2020, there were 28 APD Lieutenants and 32 APD Sergeants who were paid between $110,698 to $199,001 in the list of the 250 top paid city hall employees paid between.

The link to a related blog article is here:

https://www.petedinelli.com/2021/08/16/state-auditor-brian-colon-foolish-saying-his-audit-on-apd-overtime-abuse-will-result-in-100-compliance-160-police-union-members-made-between-110000-to-200000-in-2019-and-2020-because-of-overt/

2021

For the calendar year of 2021, 126 of the top 250 city hall wage earners were sworn police officers ranging from the rank of patrol officer 1st class through to the rank of Lieutenant. The 2021 listing of APD sworn personnel reveals that between the ranks of Senior Police Officer and Lieutenant were paid between $130,000 to over $199,000 in 2021 because of overtime. In 2021, there were a total 52 sworn police officers in the ranks of Police Officer First Class, Senior Police Officer and Master Police Officer in the listing of the top 250 top city wage earners. For 2021, there were 27 Sergeants and 30 Lieutenants listed in the top 250 city wage earners working for APD.

https://www.petedinelli.com/2022/02/17/third-year-in-row-over-half-of-top-250-city-wage-earners-sworn-police-apd-police-union-contract-violates-federal-and-state-labor-laws-after-over-6-months-special-state-audit-has-not-reduced-apd/

The 6-figure compensation being paid to sworn police can be attributed directly to “overtime” paid. There are nearly a dozen different types of overtime programs within APD. The categories where APD Officers can earn overtime include holiday work, tac-plan initiatives, training, call outs, calls for service, special events, administrative work, investigations, and court appearances. DWI check points and special events like the Balloon Fiesta and security detail for high profile dignitary visits are all events that require an extensive amount of overtime. The police union contract entitles a police officer to be paid “time and a half” when overtime is worked on any given day or week and has a mandatory 2-hour minimum overtime charge for court appearances even if less time is worked.

COMMENTARY AND ANALYSIS

Police officers earning excessive overtime is nothing new. It has been going on for years and is very common knowledge. From a personnel management standpoint, when you have a select few that are taking home the lion’s share of overtime, it causes moral problems with the rest. Excessive overtime paid is a red flag for abuse of the system, mismanagement of police resources or the lack of personnel.

During the last 10 years, the Albuquerque Police Department has consistently gone over its overtime budget by millions. In fiscal year 2016, APD was funded for $9 million for over time but APD actually spent $13 million. A March 2017 city internal audit of APD’s overtime spending found police officers taking advantage of a system that allows them to accumulate excessive overtime at the expense of other city departments.

A city internal audit report released in March 2017 revealed that the Albuquerque Police Department spent over $3.9 million over its $9 million “overtime” budget. For the last 3 years, APD has exceeded its overtime budget by as much as $4 million or more each year. In 2019, APD spent $11.5 million paying sworn police overtime when the budget was $9 million.

https://www.petedinelli.com/2018/03/30/apd-overtime-pay-abuse-and-recruitment-tool/

RESTRUCTURE 40 HOUR APD PAY SYSTEM TO SALARY PAY SYSTEM

As an alternative to paying overtime and longevity bonus, the City should do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented.

A base pay salary system should be implemented for all APD sworn personnel. A base salary system with step increases for length of service should be implemented. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same, but if more time is needed to complete a workload or assignments for the day, the salaried employee works it for the same salary with no overtime paid and a modification of shift times for court appearances.

REMOVE LIEUTENANTS AND SERGEANTS FROM UNION

APD Lieutenants and Sergeants, and Patrol Officers are all are “classified” positions and can only be terminated for cause. APD Lieutenants and Sergeants are included in the police collective bargaining unit. Any and all disciplinary actions taken against APD Lieutenants and Sergeants are governed by the union contract. They have “due process rights” including progressive disciplinary actions and rights of appeal.

APD Lieutenants and Sergeants are on the front-line management that oversee those officers who serve under their command. APD Lieutenants and Sergeants are primarily responsible for making sure that all Standard Operating Procedures (SOP’s) are followed and further it is they that must review and approve overtime. The excessive overtime paid over the years to rank and file police is a reflection of Lieutenants and Sergeants not doing their jobs of oversight and prevention of overtime abuse.

Instead of enforcing limitations on overtime and preventing the overtime abuse, many sergeants and lieutenants simply participate in excessive overtime pay practices themselves and likely approved all overtime submitted by their subordinates to keep them happy and to maintain a working relationship with them and to garner favor with them.

Simply put, under the New Mexico collective bargaining act, APD Sergeants and Lieutenants are public management employees, and they should be prohibited from joining the police union. Its Labor Law 101 that federal law prohibits management from joining unions. Simply put the police union contract violates state law when it allows the management positions of Lieutenants and Sergeants to be part of the union.

APD Lieutenants and Sergeants need to be removed from the collective bargaining unit and made at will employees and paid yearly salaries and not hourly pay. This is essential from a management standpoint so that they can be held accountable for failure to act and failure to oversee those they are responsible for and not become part of the problem. There is a built-in conflict with Lieutenants and Sergeants being part of the union and being torn between management policies and procedures and union priorities that are a complete opposite to management priorities.

CITY HALL FOLDS LIKE CHEAP SUITE

City and State Audits are worthless and an exercise in futility unless they are relied upon to take aggressive follow up action. The overtime gaming system by APD sworn personnel must be stopped, but that will never happen unless and until city hall and the mayor’s office takes it seriously. All too often City Hall folds like a cheap suite by terminating an employee for violation of personnel rules and regulations, as is the case with overtime pay abuses, only to turn around months later to reinstate and pay backpay wages when the employee appeals a termination.

Despite all the city and state audits on APD overtime pay abuses and extensive findings of fraudulent conduct, not once has the city ever initiated civil collection actions to recover fraudulent overtime paid. At a bare minimum, the City Attorney needs make demand for reimbursement of the pay or initiate civil collection action for reimbursement of overtime paid that can be proven as fraudulent.

Despite repeated referrals to the New Mexico Attorney General of audits revealing overtime pay fraud, not once has the New Mexico Attorney General ever brought criminal charges. If the Attorney General is incapable, unable or simply unwilling to initiate any criminal actions, he needs to make that known and refer the overtime abuse to the Bernalillo County District Attorney. Not once has the Bernalillo County District Attorney’s office been asked by the Mayor’s Office to step in and investigate timecard fraud by the Albuquerque Police Department.

The fact that criminal action is never brought by prosecutors for timecard fraud gives a sense of security to city employees and allows them to ignore personnel rules and regulations and to commit overtime pay card fraud. One guaranteed way of stopping anyone within APD from gaming the system is to abolish the existing system of overtime pay. Until the APD salary structure is changed, APD will always have sergeants and lieutenants making two, three and even four times their base salary.

ENACT CHANGES TO CITY PERSONNEL RULES AND REGULATIONS

The Keller Administration and the City Council need to act and take steps to remove Lieutenants and Sergeants from the police bargaining unit. They need to be made “at will employees” in order to conform with state law and federal law that prohibits management from joining the police union. The Albuquerque City Council can enact a resolution that states it is city policy that Lieutenants and sergeants are management positions and under state law are not permitted to join a union. Otherwise, overtime pay abuse and gaming of the overtime pay will continue as it has for so many years.

___________________

POSTSCRIPT

On July 6 the Albuquerque Journal published the following editorial:

Editorial headline: Rehiring troubled Lt. raises APD union issues

BY ALBUQUERQUE JOURNAL EDITORIAL BOARD
PUBLISHED: WEDNESDAY, JULY 6TH, 2022 AT 12:02AM
UPDATED: WEDNESDAY, JULY 6TH, 2022 AT 12:15AM

There are multiple reasons lieutenants (and sergeants) shouldn’t be in the union that represents APD to the city.

One example is Lt. Jim Edison.

Edison, fired in mid-November after internal investigations found he claimed more overtime hours than he worked, is back on the force. As a leader, he should be setting an example for other officers and held to a higher standard.

Instead, it appears he gamed the city’s collective bargaining agreement like few others, raking in a whopping $224,000 from April 2020 to April 2021. That followed $173,672 in 2021 and $186,944 in 2020. His regular pay is $43.20/hour.

Once discovered, an APD spokesman said Edison was untruthful about his OT and retaliated against the supervisor who initiated the investigation.

Edison did not go quietly as a member of the Albuquerque Police Officers’ Association. He appealed his termination, reached a settlement agreement with the city in May and is now working in APD’s Aviation Department. Chief Harold Medina says Edison “wasn’t exactly breaking the law; he was taking advantage of the CBA.” Union membership does have its privileges.

City Councilor Louie Sanchez, a former APD officer, has asked how an APD lieutenant with 14 years of experience can be trusted to enforce the law and testify truthfully in court when he cannot truthfully fill out a time sheet? We would add how can he be trusted to mold younger officers, set a tone for accountability and help lead the department?

Edison did a huge disservice to the majority of APD pros who obey and enforce the letter of the law — rank and file, as well as the brass.

He should not be able to use the union contract to cover his tracks and stay on the force. It’s a long-simmering issue the city needs to revisit when the CBA — which represents officers, lieutenants and sergeants — comes up for renegotiation.

https://www.abqjournal.com/2513907/rehiring-troubled-lt-raises-apd-union-issues.html