On Wednesday March 29, the 2021 the Albuquerque Police Department (APD) released the 2021 crime statistics as compiled by the Federal Bureau Investigation (FBI) in its annual Crime in the United States report. It was the fourth full year in a row that the annual crime statistics released used the FBI National Incident-Based Reporting System (NIBRS). The FBI Based Reporting System uses 3 broad categories of crime as opposed to the SRA system that used 8 major crimes. The postscript to this bog article explains the difference between NIBRS and SRS.

In 2018, APD along with other law enforcement departments across the country, switched the format mandated by the FBI for its annual crime report published each fall. Under NIBRS, there are 52 subcategories spread throughout crimes against persons, crimes against property and crimes against society. Each crime committed during an incident is counted.

Before the change from the SRS to NIMBS, both violent crime and property crime had been rising steadily since in 2015, with large jumps in auto theft, homicides, assaults and robberies
The three major categories of crime statistics under NIBRS are:

1. Crime against persons
2. Crimes against property
3 Crimes against society

2020 FBI UNIFIED CRIME REPORTS

According to the 2020 FBI Unified Crime Reports:

Albuquerque had a crime rate of 194% higher than the national average.
Albuquerque’s Violent Crime Index for 2020 was 346% of the national average.
Albuquerque Property Crime Index for 2020 was 256% of the national average.

The link to the 2020 FBI Unified Crime Reports for New Mexico is here:

https://crime-data-explorer.app.cloud.gov/pages/explorer/crime/crime-trend

2018 to 2021 CRIME STATISTICS COMPARED

Following is a nutshell breakdown of Albuquerque’s 2018 to 2021 crime statistics

TOTAL CRIMES

2018: 75,538
2019: 70,223
2020: 65,503
2021: 66,066

In 2021, according to data released on March 30 by APD, total crimes in Albuquerque increased by 0.85%. The less than 1% increase was the first time since 2018 that crime was reported to have increased overall. Since 2018, APD has said that there was a 19% drop in property crime, which drove a decrease in overall crime, even as violent crime spiked across Albuquerque. The 0.85% increase in overall crime came after the city recorded decreases of 7% and 6% in 2019 and 2020 in overall crime. Those decreases were attributed to back-to-back drops of 10% in property crimes.

CRIMES AGAINST PERSONS

Crimes Against Persons include murder, rape, and assault, and are those in which the victims are always individuals. Following are the reported totals in Crimes Against Persons for the last 4 years:

2018: 14,845
2019: 14,971
2020: 15,262
2021: 15,765

Violent crime increased or has stayed relatively constant for the last 4 years. In 2021, Violent Crime, known as crimes against persons, saw increases in all but four categories. Violent crime continued to rise and went up 3% which is largest annual increase since 2018. APD’s data shows the steepest increase were in homicide with an increase of 53%, intimidation with an increase of 20% and aggravated assault with an increase of 5%.

In 2021, gun violations along with homicide and fraud, saw the largest increases. APD’s data shows the steepest increase were in homicide with a 53% increase, intimidation with a 20% increase and aggravated assault with a 5% increase, all of which reached their highest levels since 2018.

APD Chief Medina said gun violations went up after gun ownership “exploded” during the pandemic, leading to more gun thefts from cars and homes and, in general, more people being armed. Medina had this to say regarding the increase in gun violations:

“Eventually, at some point in time, we’ve come across a lot of people with those firearms, and we start making those arrests … It’s just a combination of more guns in the community, officers being proactive and us taking the guns off the streets.”

Sex offenses also jumped 15% as simple assault decreased by 11% and kidnapping decreased by 5%. Gun violations went up after gun ownership “exploded” during the pandemic, leading to more gun thefts from cars and homes and, in general, more people being armed.

Sex offenses increased by 15% as simple assault decreased by 11% and kidnapping decreased by 5%.

FOUR YEARS OF HISTORICAL HIGH HOMICIDES

In 2018 there were 69 homicides. In 2019, there were 82 homicides. Albuquerque had more homicides in 2019 than in any other year in the city’s history before that. The previous high was in 2017 when 72 homicides were reported. The previous high mark was in 1996, when the city had 70 homicides.

The year 2020 ended with 76 homicides, the second-highest count since 1996. The decline dropped the homicide rate from 14.64 per 100,000 people in 2019 to about 13.5 in 2020.

2021 ended with the city shattering the all-time record with 117 homicides in one year and a per capita murder rate of 20.8 per 100,000.

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

The final tally of murders in the city for 2021 is 117 and it shattered the previous 2019 record by 36 murders.

Following is the raw data breakdown for 2021:

Total Homicides: 117
Number of “justified homicides” excluded from total: 10
Per Capita Number: 20.8 per 100,000
Number of homicides Involving guns: 97
Number of cases solve or closed: 40
Oldest victim: 66
Youngest victim: 2

The link to quoted source material is here:

https://www.abqjournal.com/2458296/remembering-some-of-2021s-homicide-victims-in-abq-ex-total-

CITY’S HISTORICAL HOMICIDE CLEARANCE RATE HALF NATIONAL AVERAGE

Each year since 1995, the FBI has released annually its Crime In The United States Report which included homicide clearance rates. Following are the national homicide clearance rates for 2016, 2017, 2018 and 2019 as reported by the FBI:

In 2016: 59.4%. national clearance rate for murder
In 2017: 61.6% national clearance rate for murder
In 2018: 62.3% national clearance rate for murder
In 2019: 61.4% national clearance rate for murder

https://www.fbi.gov/services/cjis/ucr/publications

From 2019 to 2020, police across the country solved 1,200 more murders, a 14% increase. But murders rose twice as quickly by 30%. As a result, the homicide clearance rate, the percentage of crimes cleared, dropped to a historic low to about 1 of every 2 murders solved or by 50%.

https://www.themarshallproject.org/2022/01/12/as-murders-spiked-police-solved-about-half-in-2020

For the years 2019 to 2021, the city’s homicide clearance percentage rate has been in the 50%-60% range. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, the clearance rate was 70%. In 2018, the homicide clearance rate was 56%. In 2019, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade. In 2020 APD’s clearance rate dropped to 50%. APD’ clearance rate has now dropped to 30%.

APD Deputy Commander Kyle Hartsock oversees the homicide unit. On January 20, Hartsock said APD is investigating 115 homicides from last year, including a missing persons case from Belen and of that number, only about 30% have been closed, which is an all-time record low for APD.
Links to news source material are here:

https://www.koat.com/article/abq-crime-homicide-arrests/38820745

https://www.kob.com/news/albuquerque-homicide-map-2022/6350373/

https://www.abqjournal.com/2463551/apd-investigates-death-in-sw-albuquerque.html

https://www.abqjournal.com/2460901/apd-investigating-homicide-in-southwest-albuquerque-2.html

CRIMES AGAINST PROPERTY

Crimes Against Property include robbery, bribery, and burglary, or to obtain money, property, or some other benefit. Following are the Crimes Against Property for the last 4 years:

2018: 57,328
2019: 51,541
2020: 46,373
2021: 46,291

In 2018, property crime began to fall and for the past several years, has decreased. In 2021, property crime had its first increase of under 1%. Property crime saw its biggest jumps in reports of fraud and robbery. Notwithstanding the increase, property crime did see a large drop with a 15% drop in stolen property, a 10% drop in the category of “destruction, damage, vandalism” and a 7% drop in “larceny and theft offenses”. All three categories reached their lowest levels since 2018.

Fraud skyrocketed 61%, from 3,900 to 6,300 cases. According to APD, Fraud rose as APD cracked down on shoplifting, larceny and burglaries. APD said those with drug abuse issues moved away from those crimes and began to steal identities, checks and credit cards to fuel their drug addiction behavior. According to APD, auto theft rose by 6% and the rise was the first time in years.

Auto theft rose for the first time in years and went up by 6%. According to APD Chief Medina, the increase was attributed to an Internal Affairs investigation into the Auto Theft unit that opened in June 2021. The investigation caused the unit to “take a step back” and become “skittish” in enforcement.

CRIMES AGAINST SOCIETY

Crimes Against Society include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes. Crimes Against Property for the last 4 years is reported as follows:

2018: 3,365
2019: 3,711
2020: 3,868
2021: 3,910

According to the data released, crimes against society saw a large spike of 66% in gun violations which has gone up 218% since 2018 and drops of 26% and 63%, respectively, in drug offenses and prostitution. In 2021, prostitution, drug and stolen property offenses had the biggest decreases. Chief Medina attributed the slight increase in Crimes Against Society locally to internal investigation and technology lapses hindering auto theft enforcement, people with drug use issues committing more fraud and an increase in guns being taken off the streets.

APD CHIEF HAROLD MEDINA REACTS

Albuquerque Police Chief Harold Medina said Albuquerque is in the same situation as many other cities in the country and went so far as to blame bail bond reform. Surprisingly, Medina did not blame the increase of crime on the Federal Court Approved Settlement Agreement (CASA), that mandates 271 police reforms, as he has done in the past. Medina had this to say:

“We’re in line with a lot of national trends. We can’t expect to decrease every year. Our trends are still going down on the property crime side and our violent crime is still taking the same course as the rest of this country. … Every single major city chief is frustrated with the fact that we can’t keep people in custody and we have a revolving door in the criminal justice system and there has to be a middle ground. … We know the settlement agreement doesn’t cause crime to go up, but it does create a fear among our officers to be able to do their job and they aren’t as aggressive and proactive.”

CITY BUDGET PERFORMANC MEASURE STATISTICS REFLECT APD ARRESTS WENT DOWN

APD statistics for the city budget years of 2019 and 2020 confirm that APD was not as “aggressive and proactive” as Chief Medina proclaimed. APD statistics for the city budget years of 2019 and 2020 revealed the department was not doing its job of investigating and arresting people.

APD felony arrests went down from 2019 to 2020 by 39.51% going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%.

In 2019 APD had 924 full time police. In 2020, APD had 1,004 sworn police or 80 more sworn police in 2020 than in 2019, yet arrests went down during the first year of the pandemic. APD’s homicide unit has an anemic clearance rate of 36%.

The 2023 proposed budget released on April 1, 2022, contains APD arrest statistics and performance measures. Following are the statistics for the reports years of 2020 and 2021:

NUMBER OF VIOLENT CRIMES REPORTED AND INVESTIGATED BY APD:

2020: 6,685
2021: 7,073

NUMBER OF PROPERTY CRIMES REPORTED AND INVESTIGATED BY APD

2020: 32,135
2021: 8,972.

APD FELONY ARREST

2020: 10,945 felony arrests
2021: 6,621 felony arrests

APD MISDEMEANOR ARRESTS

2020: 19,440 misdemeanor arrests
2021: 16,520 misdemeanor arrests

APD DWI arrests

2020: 1,788 DWI arrests
2021: 1,230 DWI arrests

FBI DIRECTOR CHRISTOPHER WRAY

APD released the crime stats the same day FBI Director Christopher Wray came to New Mexico to meet with law enforcement leaders across the state to “publicly acknowledge what we’re up against.” Wray had this to say:

“I would love nothing more than to hear that everyone seated around me is getting bored by the lack of crime happening here. But, needless to say, that is definitely not the case right now. [Nationwide, violent crime has reached] extreme and even alarming levels. As part of that national trend, this region has certainly had its share of gun violence and heartbreak recently. … [Albuquerque’s homicide spike in 2021 is] truly horrifying jump.”

Wray did not announce any new enforcement tactics in New Mexico but noted a recent FBI endeavor putting billboards around New Mexico stating “Gun crime = federal crime. No Parole”. Wray said the billboards will “hopefully change some behavior” of criminals and prevent crime from happening “in the first place.” Wray touted the past accomplishments of the FBI’s Violent Crime Gang Task and said:

[The Violent Crime Gang Task force are] laser-focused on reversing the trend of violence. … I would love nothing more than to hear that everyone seated around me is getting bored by the lack of crime happening here. … But, needless to say, that is definitely not the case right now.”

The link to quoted news source material is here:

https://www.abqjournal.com/2484277/abqs-overall-crime-goes-up-0-85-in-first-rise-since-18.html

KELLER COOKING THE BOOKS

Comparing Albuquerque’s new crime stats to those before 2018 is difficult at best because of the change in the system of how it is reported by APD to the FBI and because of major past mistakes made by APD that under reported crime. Previously crime was broken into eight categories, 4 in property crime and four in violent crime, and only the highest crime in each incident was counted. Under the new National Incident-Based Reporting System (NIBRS) there are 52 subcategories spread throughout crimes against persons, crimes against property and crimes against society. Each crime committed during an incident is counted. Before the change, both violent crime and property crime had been rising steadily since 2015, with large jumps in auto theft, homicides, assaults and robberies.

In 2018 and 2019, the first two years Tim Keller served as Mayor, he would hold a press conference every quarter when APD released the city’ crime statistics. He did so to proclaim and to some extent take credit for crime going down in all categories. It turns out for almost two years the statistics Keller regurgitated were seriously inaccurate and way too optimistic.

On July 1, 2019, Keller held a press conference only 1 day after the second quarter of 2019 ended to report the mid-year crime statistics compared to last year midterm numbers. Mayor Keller reported that crime was down substantially, with double-digit drops in nearly every category, between the first six months of 2018 and the first six months of 2019.

The statistics released during the July 1, 2019 Keller press conference, the Albuquerque Police Department (APD) reported to the FBI that in the first 6 months of 2019, the property crimes of home burglaries were down and auto burglaries were down. Robberies, sexual assaults and murders were reported as down from the first 6 months of last year. Double-digit drops were reported during the last 6 months in violent offenses included robberies, down, aggravated assaults, and rapes.

https://www.abqjournal.com/1335502/crime-declining-in-albuquerque-new-numbers-show.html

On Sunday, December 1, the Albuquerque Journal ran a front-page story that all the crime rate reductions Keller reported in Keller’s July 1, 2019 press conference were in fact seriously flawed and not accurate. According to the report, both the 2019 mid-year statistics and the statistics released at the end of 2018 were revised dramatically to include hundreds, and in some cases thousands, more incidents than were initially reported. The final numbers for all of 2018 showed violent crime actually increased. You can read the full December 1 Journal story at this link:

https://www.abqjournal.com/1396782/flaws-discovered-in-apds-crime-statistics.html

At an October meeting of the City Council, APD provided the revised statistics to it but failed to report that the numbers had changed drastically no doubt believing no one would notice. Mayor Keller also did not hold any kind of a press conference to correct nor announce the corrected statistics. The Keller Administration blamed the false numbers on antiquated software programs, but only after the Keller Administration had essentially been caught by the Albuquerque Journal.
Following are the corrected statistics:

Auto burglaries decreased 16%, not 38% as previously announced
Auto theft decreased 22%, not 39% as Keller reported
Commercial burglary decreased 3%, not the 27% Keller reported
Residential burglary decreased 16%, not 39% as Keller reported
Homicide decreased 2.5%, not 18%, but homicides have since increased substantially and the city has tied the all-time record of 71.
Rape decreased 3%, not the 29% Keller reported
Robbery decreased 30%, not 47% reported by Keller
Aggravated assault decreased 7.5%, not 33% reported by Keller
In February, 2019 APD reported very different numbers to the FBI’s Uniform Crime Reporting program, which collects and publishes the data. The data reported shows violent crime had actually increased 3.7% between 2017 and 2018 driven by aggravated assaults.
According to the FBI report:
Aggravated assault increased 21%, rather than decreasing 8% as announced during Keller’s July news conference
Rape increased by 3%, rather than decreasing 3%
Auto theft decreased 14%, not the 31% reported by Keller
Homicides remained basically the same decreasing by a single murder
Robbery decreased 32% and Keller reported it decreasing by 36%

https://www.petedinelli.com/2019/12/02/mayor-keller-cooking-the-books-with-all-that-stuff-keller-and-apd-chief-geier-looking-desperate-with-4th-program-in-9-months-time-for-another-reorganization/

COMMENTARY

According the to the FBI, the city’s total crime in Albuquerque may have only increased by a mere 0.85%, but that is simply not at all comforting given the city’s staggering violent crime and murder rates. APD’s lost a significant amount of credibility with its pathetic mishandling of the crime statistic a few years ago that deflated the actual numbers. People do not feel safe when murders are being reported on a daily basis.

It is unmistakable that APD statistics for the city budget years of 2018, 2019, 2020 and 2021 confirm that APD was not as “aggressive and proactive”. Felony arrests, misdemeanor arrests and DWI arrests by APD are all down dramatically while at the same time homicide clearance rates by APD are at unacceptable levels. When arrest are down by APD so are the numbers reported to the FBI. APD’s reduced enforcement efforts reduces crime reported to FBI. It’s doubtful that crime is up by only 0.85%.

________________________________

POSTSCRIPT

Following is a short synopsis of the SRS crime reporting system and the NIBRS system:

SRS SYSTEM

Prior to 2018, APD reported data using the Summary Reporting System (SRS), which included 8 crime categories and counted only the most serious offense during an incident. The eight categories were 4 in property crime and 4 in violent crime. The original 8 offenses were chosen because they are serious crimes, they occur with regularity in all areas of the country, and they are likely to be reported to police. In the traditional Summary Reporting System (SRS), the eight crimes, or Part I offenses are:

1. Murder and Nonnegligent Manslaughter
2. Forcible Rape
3. Robbery
4. Aggravated Assault
5. Burglary
6. Larceny-theft
7. Motor Vehicle Theft
8. Arson

A link providing a complete definition of each category under the SRS system is here:

https://www.bjs.gov/ucrdata/offenses.cfm

NIBRS SYSTEM

In 2018, the Albuquerque Police Department (APD) began reporting its annual crime statistics using the Federal Bureau Of Investigation’s National Incident-Based Reporting System (NIBRS). NIBRS is the most current national framework for reporting crime and replaces the FBI’s Uniform Crimes Reports (UCR). This change is important because, compared to UCR, NIBRS provides more comprehensive and detailed information about crimes against person, crimes against property and crimes against society occurring in law enforcement jurisdictions across the county. Under the National Incident-Based Reporting System there are 52 subcategories spread throughout crimes against persons, crimes against property and crimes against society. Each crime committed during an incident is counted.

https://www.cabq.gov/police/documents/crimestats2018_19_apd.pdf

Starting in January 2021, the FBI began requiring law enforcement agencies to use the National Incident-Based Reporting System (NIBRS). In NIBRS, there are 3 major reporting broad categories:

CRIMES AGAINST PERSONS

Crimes Against Persons include murder, rape, and assault, and are those in which the victims are always individuals.

CRIMES AGAINST PROPERTY
Crimes Against Property include robbery, bribery, and burglary, or to obtain money, property, or some other benefit.

CRIMES AGAINST SOCIETY

Crimes Against Society include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes.
The 3 major categories are then broken down into 52 sub-categories. NIBRS counts virtually all crimes committed during an incident and for that reason alone NIMRS is far more sophisticated than the “most serious incident-based” reporting SRS reporting system.

“In the National Incident-Based Reporting System” (NIBRS), each offense reported is either a Group A or Group B offense type. There are 23 Group A offense categories, comprised of 52 Group A offenses and 10 Group B offense categories. Law enforcement agencies report Group A offenses as part of a NIBRS incident report, but they report only arrest data for Group B offenses.”

https://ucr.fbi.gov/nibrs/2018/resource-pages/crimes_against_persons_property_and_society-2018.pdf

“In NIBRS, law enforcement agencies collect detailed data regarding individual crime incidents and arrests and submit them in separate reports using prescribed data elements and data values to describe each incident and arrest. Therefore, NIBRS involves incident-based reporting. … There are 52 data elements used in NIBRS to describe the victims, offenders, arrestees, and circumstances of crimes.”

A link to a complete guide to the NIBRS crime reporting system is here:

https://ucr.fbi.gov/nibrs/nibrs_dcguide.pdf

Monday April 11 filing deadline for candidates for Governor to file campaign finance reports with the New Mexico Secretary of State. The reports cover a full 6 months of fund raising since October, 2021.

THE GOVERNOR

According to finance reports filed, Democratic Gov Michelle Lujan Grisham raised nearly $2.7 million for her reelection campaign. Lujan Grisham is running unopposed in the Democratic primary. Her campaign reports the Governor has $3.8 million in cash on hand and much more will likely be raised after the June 7 primary. Top contributors to the Governors campaign are the Pueblo of Santo Domingo at $22,000.00 and the Pueblo of Ohkay Owingeh at $20,400.00. In 2018 Lujan Grisham raised and spent $9.5 million to get elected and she is expected to match or exceed that amount this year.

https://login.cfis.sos.state.nm.us/index.html#/exploreDetails/LF-T58-SVo-SenRRiGLVeH1lK5MpzTLbNw12UnzEQ-I1/5/0/119/2022

https://login.cfis.sos.state.nm.us/index.html#/exploreDetails/LF-T58-SVo-SenRRiGLVeH1lK5MpzTLbNw12UnzEQ-I1/5/0/119/2022

THE REPUBLICANS

There are 5 Republicans running for Governor.

Republican Mark Ronchetti raised over $2.1 million, which is more than twice as much as any other Republican candidate in the race. Ronchetti’s largest contributors are ranchers, oil and gas companies, members of the Perot family in Dallas, and Allen Weh, a former chairman of the New Mexico Republican Party. Ronchetti also received $5,200 donations from Dorothy Rainosek, who along with her husband Larry Rainosek, own the Frontier restaurant and Doug Peterson of Peterson Properties, the largest commercial real estate owners in the Albuquerque. Ronchetti spent $584,000 and ended with a cash balance of $1.55 million.

The link to Ronchetti’s finance report is here:

https://login.cfis.sos.state.nm.us//Files/ReportsOutput//103/e487b690-f88d-47eb-a915-6073304e48a8.pdf

State Rep. Rebecca Dow, R-Truth or Consequences, reported raising $751,000 in donations. She has raise a total of $1.2 million for the campaign, including $100,000 transferred from her state representative account. She has $681,000 in cash on hand. According to reports filed, Dow loaned herself $40,000 and over $70,000 in donations are from members of the Yates family and affiliated trusts. The Yates family is a very prominent Artesia family involved in New Mexico’s oil and gas industry. Dow’s report reveals contributions from fellow Republican legislators. Her closing balance for the period is $684,000.

The link to Dow’s finance report is here:

https://login.cfis.sos.state.nm.us//Files/ReportsOutput//103/1986edb2-551b-44db-ab3a-0bb4c5963637.pdf

Greg Zanetti, a wealth manager and a retired New Mexico National Guard Brigadier General reported $169,000 in cash donations.

Sandoval County commissioner Jay Block reported upwards of $130,000 in cash and in-kind contributions.

Former Cuba Mayor an anti-abortion activist Ethel Maharg reported $13,000 in donations.

NEW MEXICO BUSINESS COALITION “INTERVIEW”

On Thursday, April 7, the 5 Republican candidates for Governor appeared before the New Mexico Business Coalition and an audience of upwards of 300 for what was advertised as a “job interview” style event where the candidates could highlight their own qualifications and platforms. The organization has held such “job interviews” in the past and did so in the 2013 Albuquerque Mayor’s race.

The link to news coverage is here:

https://www.abqjournal.com/2486816/gop-hopefuls-interviewed-before-audience-in-abq.html

THE NEW MEXICO BUSINESS COALITION

The New Mexico Business Coalition (NMBC) was established in 2009. It holds itself out as a “nonpartisan voice for business owners, employees and individuals in New Mexico”. Despite what is says, NMBC is far from being “nonpartisan.” The organization is known for promoting Republican causes and candidates and targeting Democrats for removal from office.

The New Mexico Business Coalition is anti-labor union, and has promoted right to work laws and opposes increases in the minimum wage. The organizations “call to action” on its web page calls for its members to ask for increases in oil and gas production in New Mexico when it has already reach historical highs, oppose environmental protection legislation calling it a “radical green” agenda, oppose state-controlled utilities and advocates for Second Amendment rights by opposing a “ban on firearm magazines that hold more than 15 rounds”. The organization advocates a Constitutional Amendment which would allow the recall of elected officials in New Mexico, no doubt elected officials they want removed.

The organization opposes mandatory vaccinations of the city government work force, wants to repeal executive emergency order authority of the Mayor during a health crisis and calls for the repeal of gross receipts taxes imposed by the city council, all council resolutions sponsored by the Republicans on the city council, and all which have failed.

You can read more about the New Mexico Business Coalition and its positions at these 3 links:

https://nmbizcoalition.org/calls-to-action/

https://nmbizcoalition.org/some-positive-action-by-new-city-of-albuquerque-councilors/

JOB INTERVIEW FORMAT

During the April 7 New Mexico Business Coalition (NMBC) “job interview” event, the candidates were asked prepared questions in the format of a job interview, with only one candidate present at a time. At one point, the 5 were asked to give one-word answers to some questions that they wanted to give far more explanation. All 5 of the candidates said YES to supporting photo identification for voters, YES to a work requirement for able-bodied residents receiving public assistance and YES to scaling back the governor’s emergency powers. All the answers are in lock step with the State Republican Party agenda.

COMMENTARY AND ANALYSIS

Virtually all 5 of the Republican candidates for Governor revealed themselves to be right wing conservatives with the same philosophy of government as Der Führer Trump and State Republican Party and Chairman Steve Pierce. Following are the highlights of what all 5 reportedly said at the April 7 event as well as what they have said in the past and in TV commercials.

1. TV PERSONALITY MARK RONCHETTI

During the April 7 New Mexico Business Coalition forum, former meteorologist and TV personality Mark Ronchetti proclaimed himself to be someone who would bring “humility and good listening skills” to the Governor’s office. Ronchetti has been accused of being nothing but a “blowhard” by Republican Rebecca Dow in her TV commercials.

Ranchetti said he would demand the Legislature send him an anti-crime bill before anything else is passed and said this:

“We will keep you safe. That will be our mantra. … If we don’t have safety, we don’t have anything.”

After the April 5 special session of the New Mexico legislature where $698 million in tax rebates and and $50 million spending package for upwards of 500 projects was enacted, Mark Ronchetti had this to say:

“Governor Michelle Lujan Grisham called a special session to give New Mexicans a few dollars trying to buy her re-election. Her election-year give away is not enough and pales in comparison to the taxpayer-funded pay raises she gave political insiders. New Mexicans need tax relief, not election-year politics.”

Ronchetti is not listening to the fact that New Mexicans are hurting financially because of the pandemic, inflation and high gas prices. If $698 million in tax rebates are too small and not necessary to Ronchetti, then he does not understand just how bad New Mexican’s are hurting financially. He is not articulating what should be done in the form of tax relief. He also took issue with immigrants being given the rebates not realizing they too pay taxes.

Mark Ronchetti is a strong and vocal supporter of New Mexico’s oil and gas industry. Ronchetti’s largest contributors confirm just how much he is indebted to the industry with major contributions coming from oil and gas companies and members of the Perot family in Dallas, and Allen Weh, a former chairman of the New Mexico Republican Party and who has made his fortune in the oil and gas industry. This financial support going tp a so called “weatherman” claiming to be a man of science who ostensibly does not believe the fossil fuel industry has having anything to do with climate change.

https://www.currentargus.com/story/news/2022/03/19/mark-ronchetti-new-mexico-governor-michelle-lujan-grisham-covid-19-oil-and-gas-permian-basin/7062732001/

It was On October 27, TV personality Mark Ronchetti announced he is running for Governor. Least anyone forget, Ronchetti ran for United States Senator in 2020 and lost to Ben Ray Lujan. Ronchetti hired Republican political consultant Jay McCleskey who is known for his slash and burn tactics and defamation of candidates and immigrants.

True to form for Mc Cusky, the very first TV commercial launched by Ronchetti was negative and highlighted southern border issue claiming a crisis and New Mexico’s failure to keep out undocumented immigrants seeking asylum. Ronchetti said if he is elected Governor, he plans to deploy the National Guard and create a Border Strike Force. Ronchetti falsely proclaimed:

“President Biden has completely opened this border, and it affects us all. … You can’t fight crime if you don’t secure the border.”

2. REPUBLICAN NEW MEXICO STATE REPRESENTATIVE REBECCA DOW

During the April 7 New Mexico Business Coalition forum, NM State Representative Rebecca Dow proclaimed herself to be an “effective legislator” who knows how to navigate the politics of the Roundhouse, and secure policy wins that would turn and keep the state Republican red.

Dow embellished to a great extent the passage of two very inconsequential bills she sponsored this year that became law. One bill extends a deadline for small businesses to apply for recovery loans and the other revises occupational licensing rules. Dow said this:

“We’ve got to have someone in office who’s able to work across the aisle and get things done.”

This coming from a Republican candidate for Governor whose first commercial is her riding a horse leading a posse of “good old boy”, overweight sheriffs, looking for “radical socialists” living along the border and wanting to complete Der Führer Trump’s wall. Dow presumptively wants to use state monies and divert funding from public education, health care and other essential services to build Trumps wall without making Mexico pay for it as Trump promised.

WHERE A BAND AIDE IS REALLY NEEDED

The truth is Dow is not at all known for working across the aisle as she claims and does not want to work with Democrats. Dow voted against the $698 million in tax rebates and $50 million spending package for upwards of 500 projects that were enacted by the special session. Dow had this to say after the special session ended:

“Michelle Lujan Grisham has decided to put a Band-Aid on a broken bone by giving out checks that will only provide temporary relief. We need a Governor with the sense to support our energy sector and give hardworking New Mexicans a long-term solution at the pump!”

The only Band-Aid really needed here is one across Dow’s big mouth. Dow ignores that “temporary relief” is being done across the country because of the Russian invasion of Ukraine that has spiked prices and contributed to inflation. When Dow advocates supporting New Mexico’s energy sector, she totally ignores that the Permian Basin in New Mexico is pumping oil at record levels and will likely set another record this year. One long-term solution is an end to the Ukrainian war that prompted the sky-high prices in the first place. But then again her idol Trump still praises Putin and has recently asked for Russian help and cooperation in the investigation of Hunter Biden.

ETHICALLY CHALLENGED DOW

It was on July 7, three term Republican State Representative Rebecca Dow of Truth or Consequences announced that she is running for the Republican nomination for Governor. In her announcement, she vowed to address “hard truths” related to the state’s high unemployment rate, low education rankings and chronic child welfare issues. She is a former early child care professional.

Dow in her announcement immediately attacked Governor Lujan Grisham and described the governor as a “power hungry” career politician whose policies have hurt New Mexico and said:

“As a state, we have never experienced more dire conditions than we are currently struggling through right now.”

https://www.abqjournal.com/2415471/sanche-zjoins-gop-field-for-governor.html

One hard truth that Dow no doubt wants to forget about is that on January 13, 2022 it was reported that the ethics charges filed against Dow with the New Mexico Ethics Commission are going forward after “probable cause” was found to support the allegations that Dow violated state laws on financial disclosure and governmental conduct.

The New Mexico Ethics Commission last year subpoenaed Dow’s financial records and scheduled her deposition which is allowed under the law. Dow resisted the taking of her deposition and the Ethics Commission went to court to enforce the subpoena. The ethics commission secured a court order requiring Dow to produce the financial documents and to appear for her deposition. Dow refused to comply with the court order, did not produce the financial documents and failed to appear for her scheduled deposition. The Ethics Commission went back to court to get another court order. In August, the State District Court Judge issued a second contempt of court order and finding her failure to produce documents and to appear for the deposition “lacked justification.” The District Judge ordered fines of $50 a day until she complied with the court order for a deposition and she paid $4,115 in fines and court costs

The link to full Albuquerque Journal article is here:

https://www.abqjournal.com/2460915/documents-dow-failed-to-obey-court-order-in-ethics-case-ex-im-not.html

3. WEALTH MANAGER GREG ZANETTI FOR A POOR NEW MEXICO

During the April 7 New Mexico Business Coalition forum Greg Zanetti, a wealth manager and military veteran, pointed repeatedly to his experience, describing himself at one point as the “money guy,” and someone well-qualified to handle state finances and public safety.

Zanetti said he would “de-claw” the Public Education Department and push the power to decide public education issues to the local level. What Zanetti likely meant by “de-clawing” the Public Education Department is either abolishing the New Mexico Public Education Department or destroying our education system the way former Governor Susana Martinez did which resulted in the landmark court decision Yazzie vs Martinez which found minorities were being deprived of the constitutional right to a public education. Yazzie vs Martinez mandates sweeping reforms now costing millions to repair our public education system.

Zanetti after noting that he’d risen to the rank of brigadier general and served as a commander at Guantanamo Bay, asked the audience:

“Should we have a general dealing with the issues at the border and with public safety?”

On June 14, Republican Greg Zanetti announced his campaign. Zanetti is a former Bernalillo County Republican Chairman and a former New Mexico National Guard Brigadier General who now works in the business of “wealth management.”

ANTI-VAXER

Zanetti has said in the past that he does not intend to get vaccinated for covid and has yet to say if he has since been vaccinated. On February 2, it was reported that U.S. soldiers who refuse to get a COVID-19 vaccine will be immediately discharged, saying the move was critical to maintain combat readiness. The Army’s order applied to regular Army soldiers, active-duty Army reservists and cadets unless they have approved or pending exemptions.

All of the U.S. military services have now begun disciplinary actions and discharges for troops who have refused to get the mandated coronavirus vaccine with as many as 20,000 unvaccinated forces at risk of being removed from service.

Former Brigadier General Zanetti has never disclosed if he would have carried out orders to have his troops vaccinated or be dishonorably discharged from the New Mexico National Guard for refusal to carry out direct orders.

https://www.cbsnews.com/news/covid-vaccine-military-troops-discharged/

https://www.reuters.com/world/us/us-army-discharge-soldiers-who-refuse-covid-19-vaccine-2022-02-02/

With respect to Governor Lujan Grisahm, Zanetti had this to say:

“We had this autocratic governor come down and impose all these rules where we shut down businesses, locked down the kids, we shut the state down, and as the facts changed and we learned more about COVID, she didn’t adjust.”

Surprisingly, Republican conservative Zanetti is trying to distance himself from Der Führer former president Donald Trump and said:

“This isn’t about Donald Trump. It’s not about one person, it’s about a bigger message.”

Ostensibly, Zanetti did not get the memo from New Mexico Republican Party Chairman Steve Pierce that the Republican Party in the state and nationally are very much in lock step with Der Führer Trump.

It is so damn laughable that Zanetti calls Lujan Grisham an “autocratic governor” who imposes and enforces rules. Zanetti is a retired New Mexico National Guard Brigadier General and he will likely bring his personal version of being an “autocratic governor” to Santa Fe. Brigadier General’s give out orders and demand that those orders be followed or suffer the consequences.

The biggest perception that Zanetti is going to find difficult to overcome is that it is very doubtful to believe that a “wealth manager” will understand the needs and concerns of the average New Mexican, many which live in poverty and live pay check to pay check on the minimum wage, something Zanetti opposes increasing.

4.Sandoval County Commissioner Jay Block

During the April 7 New Mexico Business Coalition forum, Sandoval County Commissioner Jay Block began his remarks by asking the audience to pose for a picture, triggering laughter as he urged people to “Say ‘No MLG’ ” rather than “cheese.”

As governor, Block said, he would ban vaccine mandates and critical race theory. He also said he would establish a border security agency and combat corruption in government. Block told the audience:

“You’re going to get honest government back because that’s what you deserve. You have not had that for so many years in this state, and I find that quite disgusting.”

The only things that are truly disgusting is Jay Block’s political alignment with Der Führer Trump and Blocks sure ignorance of the issues facing the state.

It was on April 18, 2021 Sandoval County Commissioner Jay Block announced he is running for the Republican nomination for Governor. Block is a retired lieutenant colonel who spent 21 years in the Air Force and moved to Rio Rancho in 2015.

Block has fully aligned himself with former President Der Führer Donald Trump, even though Trump has disparaged the military and called those who served and died in World War II losers. In his announcement he said he is in favor of defunding abortion services and restoring qualified immunity for police officers. In his announcement video Block said:

“This is a movement of shared values. … It’s time Michelle Lujan Grisham is out of office so we can start a new era of prosperity for New Mexicans.”

Block got downright nasty with his remarks about the Governor when he said:

“Michelle is proud of where New Mexico stands today. Michelle is proud New Mexico ranks last in education. Michelle is proud New Mexico ranks first in child poverty.”

What Block is very ignorant about is exactly why New Mexico ranks last in education and first in child poverty. Democrat Governor Michelle Lujan Grisham inherited both from her Republican predecessor Susana Martinez. Over 8 years, Martinez destroyed the state’s public education system resulting in the land mark decision Yazzie vs Martinez mandating sweeping reforms now costing millions to repair our public education system. Martinez made cuts in child care assistant programs with the cuts making things even worse for children living in poverty.

Yazzie v Martinez was brought by a coalition of parents, students, lawmakers and others in 2014 and charged New Mexico had not done enough to address the needs of Native Americans, English-language learners, disabled and low-income students and that children were deprived the constitutional right to a basic education. As a result of the State Court ruling, the 2019 legislature approved a whopping $3.2 Billion public education budget, a 16% increase over the previous year’s budget, out of the total state budget of $7 Billion.

Included in the budget was a $500 million in additional funding for K-12 education and increases in teacher pay. The 2022 legislature is increasing funding for education and teacher pay even more and by millions. In particular more than $70 million in spending allocated in the 2022 session will go to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.

Under former Republican Governor Susana Martinez, the Children’s, Youth and Family’s Department budgets were slashed, hundreds of social worker positions that dealt with child abuse cases went unfilled, abused children fell through the cracks and youth programs were eliminated that acted as a safety net, all for the cause of resisting tax increases which Republicans always oppose even for critical essential services. Republicans always advocate the slashing of budgets and reducing the size of government to avoid any and all tax increases, even if for essential services.

A major priority of Governor Lujan Grisham was the creation of a new “Early Childhood Department” that commenced on January 1, 2020. The new department focuses state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

Block should not be proud, to use his word, when he makes a fool of himself on the issues of child education and child welfare issues, things he knows absolutely nothing about.

https://www.koat.com/article/race-for-governor-of-new-mexico-heating-up/36974820

5. REPUBLICAN ANTI-ABORTION ACTIVIST ETHEL ROSE MAHARG

During the April 7 New Mexico Business Coalition forum , Ethel Maharg, a former mayor of Cuba and anti-abortion activist, said she supports “life” and doesn’t quit. When asked to describe her skills she told the audience:

“I care about life. I think that’s it. Life is basic.”

To quote Maharg’s web page promoting her candidacy for Governor:

“Ethel Rose Maharg is running for Governor to breathe life into New Mexico. Ethel is pro-life, without exception, from conception to natural death. And, she wears it like a badge of honor, it is who she is. Ethel believes in LIFE. Ethel believes that to breathe LIFE into New Mexico we must capitalize on our strengths. No one wants to bring a new business with good jobs to a state where politicians and elected officials complain about being at the top of the bad lists. It’s time for bold leadership. Bold leadership that is willing to make the right decision, not the popular or political decision. Bold leadership that understands the challenges everyday New Mexicans face. Bold leadership that will fight everyday for New Mexico. Bold leadership that will breathe LIFE into New Mexico.”

https://mahargforgovernor.com/

It is more likely than not that the United States Supreme Court will reverse in June the landmark case of Roe v. Wade setting aside a woman’s right to choose and leaving it up to the individual states to decide the issue. Last year, the New Mexico legislature repealed the New Mexico law making abortion a crime. If Roe v. Wade is in fact reversed, you can expect a Governor Ethel Maharg to advocate making abortion a crime once again in New Mexico and providing “bold leadership” back into the dark ages of woman’s rights and not caring if abortions are performed with a coat hanger, which should be her campaign for Governor lapel pin.

DEMOCRATIC PARTY REACTS

The Democratic Party of New Mexico was asked to react to the April 7 New Mexico Business Coalition forum. Democratic Party of New Mexico spokeswoman Delaney Corcoran said Governor Lujan Grisham and Democrats are focused on delivering economic relief to state residents, while the Republican candidate for Governor spout “extremist rhetoric” and she said:

“The Republican candidates for governor … continue to demonstrate just how out of touch they are with the majority of New Mexicans.”

FINAL COMMENTARY

Now that the first campaign finance reports have been released, it pretty clear that Mark Ronchetti is the front runner for the Republican nomination having raised over $2.1 million. It is also clear that Republican State Representative Rebecca Dow is a distant second for the Republican nomination having reported $751,000 in donations. Given the anemic fundraising of Greg Zanetti, Sandoval County Commissioner Jay Block, Ethel Maharg, all 3 should save themselves from the embarrassment of a poor showing at the polls and drop out of the race.

It is pretty pathetic, but not at all surprising, that all 5 Republican candidates for Governor are Republican malcontents. Not one has offered any real solutions to the problems we face as a state. If anything their platforms will only make things worse for the State. What is alarming is the extent to which they have all bought into Der Führer Trump extremism.

On April 1, the Mayor Tim Keller Administration released the 2022-2023 annual budget that once enacted by the city council will be for the fiscal year that begins on July 1, 2022 and will end June 30, 2023. The overall budget submitted for review and approval of the Albuquerque City council is for $1.4 Billion. $841.8 represents the general fund spending and it is an increase of $127 million, or 17.8%, over the current year’s budget of $1.2 Billion.

The link to the proposed 244-page 2022-2023 budget it here:

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

In an interview, Mayor Tim Keller said the budget is actually a “pretty bland” proposal that covers the necessary bases without introducing many new elements. Keller is quoted as saying:

“I don’t think there’s anything in here that is a particular surprise … It’s not like we have some massive announcements.”

The link to quoted news sources is here

https://www.abqjournal.com/2484892/mayor-releases-1-4b-budget-proposal.html

“ADDRESSING HOMELESSNESS THROUGH A HOUSING FIRST APPROACH”

Since day one of being sworn in as Mayor on December 1, 2017, elected Mayor Tim Keller has made it a top priority to deal with the city’s homeless crisis. The 2022-2023 budget continues with Mayor Tim Keller’s commitment to help the homeless including funding for the Gateway Homeless Shelter on Gibson.

It was on Tuesday, April 6, 2021, the city officially announced it had bought the massive 572,000-square-foot complex for $15 million and will transform it into a Gateway Center for the homeless. It was announced that the complex would be only 1 of the multisite homeless shelters and not the 300-bed shelter originally planned. The complex has a 201-bed capacity, but remodeling could likely increase capacity significantly. Mayor Keller alienated many when he unilaterally decided on the purchase of the Lovelace Gibson facility and announcing that it would be used as a homeless shelter. Mayor Keller sought little or no input from the surrounding neighborhoods.

Notwithstanding, Mayor Keller in the 2022-2023 budget is increasing his commitment to dealing with the homeless on a number of levels. However, there is one new level that is a totally different level without making full public disclosure for the new effort.

On April 4, Mayor Tim Keller’s plan to spend $950,000 on “city sanctioned homeless encampments” was reported in a blog article on the entire proposed 2023 city budget. The article is entitled “Keller’s ‘Pretty Bland’ $1.4 Billion 2023 City Budget Far From Bland With 18% Increase; 13% Pay Raises For Cops With Performance Measures Down And More Overtime; Anemic 2% Pay Raises For City Workforce; $900,000 For Open Space City Sanctioned “Homeless Encampments”

The link to the April 4 blog article is here:

https://www.petedinelli.com/2022/04/04/kellers-pretty-bland-1-4-billion-2023-city-budget-far-from-bland-with-18-increase-13-pay-raises-for-cops-with-performance-measures-down-and-more-overtime-anemic-2-pay/

Buried in Mayor Keller’s “Executive Summary” of the $1.4 Billion Dollar budget is a section entitled “Addressing Homelessness Through a Housing First Approach”.

To quote in part Keller’s Executive Summary of the 2022-2023 proposed budget:

“The pandemic exposed cracks in the social safety net and public health systems, and provided an opportunity to address these challenges with urgency. Our proposed budget also aims to close some of those cracks in the system on a larger and more permanent scale, including:

• $750 thousand for the first phase of Safe Outdoor Spaces, which, if approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City, plus an additional $200 thousand for developing other sanctioned encampment programs.

(Editor’s Note: This line item has been taken out of order and placed first for emphasis.)

• $4 million in recurring funding and $3 million in one-time funding for supportive housing programs in the City’s Housing First model. In addition, as recommended by the Mayor’s Domestic Violence Task Force, the budget includes $100 thousand for emergency housing vouchers for victims of intimate partner violence.

• $1.3 million for a Medical Respite facility at Gibson Health Hub, which will provide acute and post-acute care for persons experiencing homelessness who are too ill or frail to recover from a physical illness or injury on the streets but are not sick enough to be in a hospital.

• $4.7 million net to operate the first Gateway Center at the Gibson Health Hub, including revenue and expenses for emergency shelter and first responder drop-off, facility operation and program operations.

• Full funding for the Westside Emergency Housing Center, which has operated at close to full occupancy for much of the year.

• $500 thousand to fund the development of a technology system that enables the City and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges.

• $500 thousand to fund Albuquerque Street Connect, a highly effective program that focuses on people experiencing homelessness who use the most emergency services and care, to establish ongoing relationships that result in permanent supportive housing.”

KOB NEWS STORY ON CITY SANCTIONED HOMELESS ENCAMPMENTS

On April 9, KOB Channel 4 ran the news story entitled “Albuquerque officials consider designated homeless camps”. Publication of the news story is in order:

“There is a new plan to give those without a home a new and safe place to stay in Albuquerque. [Weekend news anchor Tommy Lopez added the plan is contained in the proposed 2022-2023 city budget.]

Mayor Tim Keller is now saying a city-managed and designated homeless camp could be a solution to some homelessness problems in the city. KOB 4 spoke with a city council member about the idea and where those potential locations would be.

“We see them every day, who are not ready to get into permanent supportive housing,” said Albuquerque City Councilor Pat Davis.

Even with Tiny Homes Village and the proposed Gateway Center, Davis says it’s a way to address the issue of those who don’t want to be placed in a home.

“Even though we are putting $40 million into housing every year, we still have a waiting list, and we still have people who aren’t willing to get into those other places and we need to come up with an answer for some of them. Maybe this is an option we should explore,” said Davis.

While the plan is still very much in it’s beginning phase, the goal is to clear out homeless camps at parks and move them to empty dirt lots. Now, the city says they don’t plan on picking just any dirt lot, they are looking for locations that are near homeless services and ones that are far from any homes.

“This is not about turning your neighborhood park into an encampment. This is about incentivizing in certain parts of town where they are not disruptive to other residents or other uses,” said Davis.

And the camps wouldn’t be open to just anyone.

“Some of the early things we have learned is that they have to be small enough to be manageable, they have to be managed, it can’t just be a free for all, there needs to be a structure and a system for it,” said Davis.

This isn’t a new idea Santa Fe is also looking into it and Las Cruces has already created these types of camps.

“Done right, other cities have seen a lot of success with it, but we got a lot of details yet to be sorted out before the City of Albuquerque will start doing these,” Davis said.

The city council knows this is going to be a big topic of discussion in Albuquerque. They say in April and the start of May, there will be multiple meetings where citizens will be able to speak their minds about this.

But the city will have to make a decision soon, it has until the end of May to finalize the budget.

https://www.kob.com/albuquerque-news/albuquerque-officials-consider-designated-homeless-camps/6441590/?cat=500

Much of the information contained in the Channel 4 news report on the the encampments, such as location and screening of occupants, has not been rendered to writing in that the proposal is very much in the planning stages.

2021-2022 APPROVED FUNDING FOR CONTRACTS TO DEAL WITH HOMELESS

It is the city’s Family and Community Services Department that manages and deals with city services, programs and federal grants for the homeless and assist with affordable housing programs to help low-income people in need of financial assistance to avoid becoming homeless.

The Family and Community Services Department had a total budget of $54,868,986 with 313 full time employees for the fiscal year 2021-2022. According to the 2021-2022 fiscal year approved city budget for the Department of Community Services, the city spent upwards of $35,145,851 to help the homeless and those in need of housing assistance. A breakdown of the amounts spent includes:

$18,191,960 for affordable housing and community contracts (Budget page 175.)

$6,421,898 for emergency shelter contracts (Budget page 176.)

$4,378,104 for mental health contracts (Budget page178.)

$3,624,213 homeless support services(Budget page 178.)

$2,529,676 substance abuse contracts for counseling (Budget page 179.)

You can review the detailed line-item funding of programs, contract and grants administered by the Family and Community Services Department in the 2021-2022 approved city budget on the pages provided above with the link here:

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

2022-2023 PROPOSED FUNDING FOR CONTRACTS TO DEAL WITH HOMELESS

Mayor Keller’s 2022-2023 proposed budget significantly increases the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498, 915 . The 2022-2023 proposed budget for the Department of Community Services is $72.4 million and it will have 335 full time employees, or an increase of 22 full time employees.

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

$42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than last year. (Budget page 101)

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

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

$4,282,794 total homeless support services(Budget page 105.), up $658,581 from last year

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

The link to the proposed 244-page 2022-2023 budget it here:

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

2021 POINT-IN-TIME (PIT) REPORT

On June 22, 2021, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless. Major highlights of the 2021 PIT report are as follows:

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

The 2021 PIT count found the good news that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.

Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition

21% said they were homeless due to COVID

37% were experiencing homelessness for the first time

12% were homeless due to domestic violence.

30.19% of the homeless in Albuquerque self-reported as having a serious mental illness.

25.5% self-reported as substance abusers.

In the rest of the state, 37.92% of the homeless self-reported a serious mental illness, while 63.3% self reported as substance abusers.

The combined PIT numbers for the areas outside of Albuquerque is defined in the report as “Balance of State” (BOS). The 2021 BOS PIT count reports that 1,180 sheltered and unsheltered homeless, a 31% decrease from the 1,717 counted in 2019.

Operators of programs that provide services to Albuquerque’s homeless say the actual number of homeless is far greater than indicated in the PIT count. The Albuquerque Public Schools says the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently been more than 3,000.

The link to quoted statistics is here:

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

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

KELLER’S 2021 MUNIPAL ELECTION COMMENTS RECALLED

During the 2021 municipal election where Keller ran and was elected to a second term, Keller claimed the worsening homeless crisis in Albuquerque is partly because homelessness, just like violent crime, is “exploding” around the country. Responding to the arguments by his opponents that more arrests need to be made, Keller had this to say:

“This is a good example of folks just not doing their homework. … It’s just naive to think that a mayor can come in and [just start arresting people who are homeless]. … Mayors have to understand they are not the all-powerful kings of the city and they can just do stuff that’s illegal. It’s a good lesson to learn, because their ideas will never fly in court, and it’s just going to end up costing the city a bunch in lawsuits. … My administration … [is] going to continue working with our partners, but we unfortunately have to own this problem, because we need to do more.”

Keller acknowledged that the city has laws and ordinances that allow it to dismantle homeless encampments, he said there is a “line” to walk between respecting individuals’ rights and enforcing ordinances.

When it came to government sanctions and operated outdoor, public place encampments, Keller said during the campaign he was open to the concept if faith-based organizations or other agencies want to try it. However, he would want the authorized camps to be small, scattered and controlled to mitigate issues like substance abuse. Keller said this:

“I think we need an all-of-the-above approach because homelessness and unsheltered is such a terrible problem for our city.”

COMMENTARY AND ANALYSIS

“Safe outdoor spaces” is the popular term now being used by municipal governments across the United States to refer “government sanctioned encampments for the homeless”. City hall sanctioned encampments are a bad idea for Albuquerque and will likely make things worse while millions are being spent to alleviate the homeless crisis in the city.

The April 9, KOB Channel 4 news story makes it abundantly clear that the Keller Administration has given very little next to no thought to city hall sanctioned “safe outdoor spaces” or “homeless encampments” yet the Keller Administration is asking for $950,000 for a first phase development and “other sanctioned encampment programs” . Nothing is mentioned on the number of phases or amounts that will eventually be spent.

Keller’s own budget summary says:

“$750 thousand for the first phase of Safe Outdoor Spaces, which, if approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City, plus an additional $200 thousand for developing other sanctioned encampment programs.”

These are 2 appropriations that come as “a particular surprise” to use Keller’s words. Keller has yet to make any sort of formal “public announcement” or press conference his is known for of city sanctioned encampments. There is little doubt that government sponsored encampments will be controversial, especially when the homeless encampments will be spread throughout the city on vacant “dirt lots” in plain site for all to see.

During his 2021 reelection campaign for Mayor, Keller said he was “open to the concept if faith-based organizations or other agencies want to try it”. A $950,000 allocation by the city and the city sponsoring “open space homeless encampments” is a major difference from faith-based organizations or other agencies doing it on their own.

MEDIA HOG PAT DAVIS

It is not all clear nor likely that Mayor Keller or his Administration briefed Pat Davis on the subject government encampments for his Channel 4 interview seeing as the budget was released by Keller 7 days before the interview was published. Pat Davis is not the City Council President nor Vice President nor the Chairperson of the budget committee and can only speak for himself and the exact reasons why he was interviewed by Channel 4 is suspicious.

Davis has the reputation of being a “media hog”, a politician always on the prowl for self-promotion. Davis does not hold a leadership position on the counsel, but he inserted himself into the discussion on city homeless encampments as if he was speaking for the City Council as a whole or for Mayor Tim Keller. Why Channel 4 did nor reach out to the city council leadership or the Mayor is a mystery.

Pat Davis is also the same City Councilor who stuck his meddling nose into the Gateway Homeless Shelter being located at the old Lovelace Hospital complex by attempting to place a cap of only 30 residence on the facility when the facility was being designed for as many as 150. Davis stuck his nose into it only after the city had bought the facility and after he saw residents in his district, where the facility is located, raise hell about it. During protests and zoning hearings on the project, Davis was nowhere to be found.

It is not at all likely that Pat Davis was asked by the Keller Administration to discuss city sanctioned homeless encampments and very doubtful he told the Keller Administration that he was going to be interviewed by Channel 4. The fact that Channel 4 interviewed Davis and not the council leadership nor the Mayor on encampments raises a degree of suspicion as to the true motives of the station and its reporters or perhaps they were just lazy.

Davis was nothing more than a “media hog” when he spoke as if he knew exactly what the intent of the new initiative sounding like he has already decided to support city sponsored encampments when he said:

“This is not about turning your neighborhood park into an encampment. This is about incentivizing in certain parts of town where they are not disruptive to other residents or other uses. … Some of the early things we have learned is that they have to be small enough to be manageable, they have to be managed, it can’t just be a free for all, there needs to be a structure and a system for it. … Done right, other cities have seen a lot of success with it, but we got a lot of details yet to be sorted out before the City of Albuquerque will start doing these.”

AN ADVERSION TO RULES AND DESIRE TO BE LEFT ALONE

City hall sanctioned encampments programs, especially those on city owned property, can not and must not be offered with no strings attached as to usage otherwise they will only make things worse for the city’s homeless crisis and to an extent interfere with the city’s other programs and encourage a life style as being sanctioned by the city.

A difficult realty that many who want to help the homeless have a hard time dealing with is that many homeless want to live their life as they choose, without any government nor family interference, and simply do not want anyone’s help. Many homeless do not seek help, even though they may desperately need it, especially those who suffer mental illness. It’s an aversion to rules, a desire to live as one chooses and many times the inability to qualify for help that makes things difficult for the homeless. The Tiny Home Village complex off east Central which serves as transitional housing for the homeless is a prime example of the problem.

Bernalillo County is having a hard time finding people to stay at the Tiny Home Village complex. The county spent $5 million to build the facility even as homeless encampments keep popping up all over the city. One year after the Tiny Home Village opened in the International District, 25 of the 30 homes are empty as nearby streets are lined with tents.

One of the city’s largest homeless encampments is right outside the Tiny Home Village. One of the biggest reasons for the Tiny Homes village being empty is all the rules that must be adhered to. To qualify for a Tiny Home, one must be free of drugs and alcohol. In addition to following the rules, residents are required to help around the complex. Many applicants for the Tiny Homes project can not make it past the vetting process.

https://www.krqe.com/news/albuquerque-metro/tiny-home-village-struggles-to-fill-vacancies-as-homeless-encampments-surge/

WHEN IS ENOUGH ENOUGH?

As it stands now, city hall and the Keller Administration are spending upwards of $40 Million a year on city services to benefit the homeless or near homeless. That will increase next year by another $24,353,064. What is clear from the 2021 POINT-IN-TIME (PIT) REPORT is that progress is being made when it reported that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” situations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.

$950,000 out of a $1.4 Billion dollar budget does not sound like much for “ultra-low barrier encampments to set up in vacant dirt lots across the City” but when you add that amount to the millions already being spent to help the homeless, it must be questioned. City sanctioned encampments have the potential of making a crisis even worse, especially when such encampments will have negative impacts on surrounding neighborhoods.

There is very little doubt that once the public finds out about what Keller is up to in his budget, there will be significant opposition. At a very bare minimum, what needs to be disclosed to the public is the actual plan Mayor Keller and the city has for “city sanctioned homeless encampments”.

At a bare minimum, the full city council needs to demand answers to the following before funding city sanctioned homeless encampments:

1. Exact size or physical area of the encampments and visibility.
2. What areas of the city and locations being considered?
3. Will the Keller Administration ignore city zoning code requirement and special use permits or attempt change zoning laws on their own to simply allow for government sanctioned encampments where ever the administration wants them?
4. Will under-utilized city parks and city owned open space be allowed to be used? Bullhead park near the Veterans Hospital or even the vacant airport industrial park are comee to mind when there is talk of open space locations that are near homeless services in that both are in walking distance to the soon to be open Gateway Homeless Sheltet Center on Gibson.
5. Exactly what is “ultra-low barrier” usage and will allow visibility of the camps.
6. The number of people allowed on the camp site, the length of time of occupancy and the extent of screening of campers.
7. Location and site selection criteria, including proximity to residential areas, school, churches, hospitals and bars and recreational marijuana dispensaries.
8. The extent of rules imposed for usage, such no drug use, no weapons nor firearms or open fires
9. Security and management oversight to be provided by the city.
10. To what extent is the city assuming liability for any injury sustained to anyone who uses the camps?
11. To what extent the city council will be allowed to review and decide if “city sanctioned homeless encampments” will be allowed.
12. Will the city Mayor Administration be given exclusive authority to make the decisions on the encampments without any input from neighborhoods and the city council.

FINAL COMMENT

City hall sanctioned encampments programs for the homeless need to be fully vetted by the city council. At this point, the are a bad fit for the city and it will not be money well spent. Until such time as the Keller Administration can present a well thought out, detailed plan on the program, the City Council should deny the funding request of $950,000 from the proposed 2022-2023 budget. City sanctioned homeless encampments will only make things worse for the city’s homeless crisis and to an extent only encourage a life style as being sanctioned by the city.

The link to a related blog article is here:

Keller’s “Pretty Bland” $1.4 Billion 2023 City Budget Far From Bland With 18% Increase; 13% Pay Raises For Cops With Performance Measures Down And More Overtime; Anemic 2% Pay Raises For City Workforce; $900,000 For Open Space City Sanctioned “Homeless Encampments”

On April 7, KOAT Target 7 ran a news story involving Albuquerque City Councilor Louie Sanchez making 911 calls on March 6 and a history of 911 emergency calls he made before March 6.

The story is a remarkable reflection of a newly elected city council going out of his way to exert dominance over APD by calling into question APD’s job performance and a Police Department responding by calling into question the motives of an elected official and not saying if APD believed Sanchez’s calls were legitimate. For that reason, the entire news story transcript merits publication.

Following is the transcript of the full news story:

“Albuquerque City Councilor Louie Sanchez made a 911 call on the afternoon of Saturday March 26. [Quoting the call]:

“Sanchez: 61st and Central. I’m across the street in the building
Dispatch: Which corner are they on?
Sanchez: They are at the pit stop 61st and Central.
Dispatch: Which corner is that on?
Sanchez: He beat a guy up with a but stock of a gun and pointed it.”

The dispatcher asks Councilor Sanchez if he wants to meet with police, he says no.

Dispatch: If nobody wants to talk to officers then…
Sanchez: No, you need to get the gun off the street, ma’am. There he goes. He is walking away. He just pointed the gun at somebody else.
Dispatch: Where’s the victim?
Sanchez: Are you going to get it? You guys waste too much time.

Four minutes into the call the dispatcher issues a “be on the lookout for the suspect.”
Sanchez: Are you serious? You’re not going to come over here and deal with it. You’re just going to be on the lookout.

Then about five minutes into the call dispatch hung up on Sanchez without letting him know whether officers were called to the scene.

“As far as I know, no one even checked the area. As far as I know, an officer never came to talk to me together. Further information” Sanchez said.

Target 7 obtained the dispatch radio procedures from the Albuquerque Police Department, according to Section 315, since Sanchez said he witnessed an aggravated assault with a deadly weapon, dispatch should have responded immediately.

“I hope that the police department is not avoiding or diminishing calls to keep the crime stats down” Sanchez said.

According to call logs obtained by the police department an officer was not actually dispatched to check out the area until 33 minutes after Sanchez called.

An officer arrived in the area 17 minutes later.

That means it took APD 50 minutes to check out what was going on with a reported man with a gun.

Sanchez believes officers were not dispatched until after he called a supervisor complaining.

Despite whether Sanchez was willing to speak with a responding officer, APD says the dispatcher made an error.

“They should have dispatch an officer right away and that type of call,” Gilbert Gallegos said.

Gallegos is the public information officer for the Albuquerque Police Department, admits procedures were not followed.

“The director did speak to the call taker after the incident, talked with that person and mandated some additional training to make sure they were aware of what they should have been doing,” Gallegos said.

While the department admits there should have been officers dispatched immediately the day of the incident, they say Sanchez has made a number of calls in the past six months and they are now asking questions.

“I think I counted 10 calls to 911 or 242-COPS,” Gallegos said.

Most of those occurred before he became a city councilor in January.

The department gave Target 7 audio recordings of those calls.

As well as call logs, the department also says they saw no evidence of the incident that Sanchez says occurred on March 26.

“We didn’t find the incident he’s talking about. It may have happened, you know, outside of view of the video, but our officers did make an attempt to try to figure it out,” Gallegos said.

On Monday, Sanchez brought his concerns about 911 response times to the city council.

“It is a pattern, the counselor calling 911 or saying he is going to call 911 and then bringing it up at city council meetings. So it’s a little confusing, I guess, as to what his goals are,” Gallegos said.

Sanchez was asked what his goals are; he said he wants to make sure citizens get a response when they call police, especially on a 911 priority call.

The department would not say whether they believe Sanchez’s calls are legitimate.

“I think something like that would have to be more properly vetted and answered by an outside entity like maybe the inspector general,” Gallegos said.

Sanchez wants an audit done on the Albuquerque Police Department.

“I would like to see the police department do an audit with somebody independent. Go over all of the calls. Listen to all the police calls that come in and then determine whether they fall into one of their priority systems or not, and or if they were diminished,” Sanchez said.

Sanchez says his biggest concern is police not responding within a timely matter to high priority calls.

APD said they have reached out to Sanchez to have conversation about his experiences, they say he has not responded to their phone calls.”

The link to the news story is here:

https://www.koat.com/article/albuquerque-city-councilor-louie-sanchez-concerned-about-911-response-times/39668101

NOT THE FIRST TIME SANCHEZ OUT MANUVERED PUBLICLY BY APD

The April 7 Channel 7 news story is not the first time that City Councilor Louis Sanchez has embroiled himself in news accounts and has been out maneuvered by APD. During the March 21 City Council meeting, the March 14 KRQE News 13 Investigative report on the Lt. Jim Edison’s overtime pay abuse was brought up. City Councilor Louie Sanchez saw it as an opportunity to comment before news cameras on APD’s handling of the incident. APD Chief Harold Medina was not present.

Sanchez had this to say:

“When I was a young police officer I was told your time sheet was the single most important item that you deal with as a police officer every single day of the week. . . That it needs to be accurate 100% percent. It’s a legal document so it has to be 100% accurate. . . The comment that we don’t have time for that [says] you don’t have time to do your job. So I need to get an explanation why we don’t have time to check timesheets. …”

APD Chief Harold Medina was not about to have any freshman City Councilor, even if he is a retired APD police officer, question his management of APD. On March 25, Medina went out of his way to write a letter to Councilor Sanchez, attaching it to a press release no less, that took issue with Sanchez’s comments and responding to the news report. Medina wrote Sanchez in part:

“I did not attend Monday’s City Council meeting, but I would like to take the opportunity to respond to the question you directed at me about a recent news story. …

First, Lt. Edison never worked in the Chief’s Office, as stated in the news story. Further, the statement attributed to me was a response to a question about Lt. Edison’s supervisor during his assignment. I made the point that Lt. Edison’s supervisor was a Deputy Chief, and not a Commander, which I determined to be problematic and fixed the problem. Commanders typically oversee lieutenants, including oversight of their overtime; whereas Deputy Chiefs oversee Commanders, who are exempt employees and do not earn overtime.

That is why I said Deputy Chiefs on my Executive Team should not be managing officers’ time sheets. The KRQE story fails to mention that when Lt. Edison was eventually put under the supervision of a Commander, that Commander scrutinized his timesheets and found discrepancies, which were reported up the chain of command and investigated.

In addition, I understand you mentioned that you learned as a young officer that your timesheet is the “single most important item that you deal with as a police officer.” I don’t disagree that you may have been told that. But I strongly disagree with that viewpoint.

Frankly, that approach to the job is the type of culture we have been changing since I have been Chief. I want officers to excel at investigations and produce effective criminal complaints that lead to the prosecution of criminals. Officers must be 100% accurate when they arrest suspects of violent crimes and take someone freedom away. A time sheet, while important to document an officer’s work, should not be an officer’s top priority.”

Medina’s letter to Sanchez and attaching it to a press release was an act of disrespect to an elected official and violates city council protocol. Medina should have asked to speak before the next city council meeting and answer whatever questions Sanchez has about the time sheet fraud and abuse and any other questions he may have about APD’s management.

When Medina tells Sanchez “I want officers to excel at investigations and produce effective criminal complaints that lead to the prosecution of criminals. Officers must be 100% accurate when they arrest suspects of violent crimes and take someone freedom away. A time sheet, while important to document an officer’s work, should not be an officer’s top priority” Chief Medina is essentially saying to APD officers you can violate the law when it comes to overtime pay card fraud so long as you are enforcing the law and making arrests.

COMMENTARY AND ANALYSIS

City Councilor Louie Sanchez needs to realize he is no longer a cop and that he is surely no match for APD’s nor the Mayor’s public information officers who make a living at public relations. The blunt truth is that City Councilor Louie Sanchez is looking increasingly foolish and losing credibility as as a city councilor as he uses the press to ask questions of APD and calling for audits. Sanchez has no business trying to manage APD as a City Councilor by calling APD 911 and telling APD how to handle 911 calls which is exactly what he did on March 26 and did before with his other calls.

Louie Sanchez needs to start acting like a City Councilor and needs to start introducing City Council Resolutions that will affect APD on policy and get the backing of more than Republican City Councilors with his efforts.

Across the state, prosecutors and law enforcement have been under severe strain to meet the increased demand for public safety. Some law enforcement agencies are so shorthanded that they have stopped responding in person to property crimes because of a lack of officers. Prosecutors say that some victims and witnesses, particularly during the height of COVID-19, have been reluctant to appear for the required pretrial interviews and hearings, sometimes resulting in criminal cases being dismissed.

On March 24, the New Mexico Supreme Court announced through the Administrative Office of the Courts procedures to streamline and expedite criminal cases and traffic cases in state courts to ease hardships in the justice system from the COVID-19 pandemic. The New Mexico Court developed the initiatives with input from judges and justice partners, including prosecutors and public defenders.

The specific changes announced are as follow:

The State will no longer be required to schedule pretrial interviews with law enforcement in misdemeanor cases in Santa Fe County Magistrate Court and the Bernalillo County Metropolitan Court under a pilot initiative. Defense lawyers will continue to have information supplied by law enforcement in police reports and recordings such as lapel videos, as well criminal complaints, which bring charges against a person and outline the reasons for an arrest. Click here to view the Supreme Court order.

District courts can hold settlement conferences in criminal cases and assign a judge, other than the judge presiding in the case , to facilitate possible plea discussions and ensure that the parties exchange evidence in a timely manner. Prosecutors are not required to make a plea offer and a defendant is not required to accept one. If the state does not intend to offer a plea and notifies the court, a settlement conference will not be held. An order issued by the Supreme Court allows for settlement conferences by suspending a prohibition on judicial participation in plea discussions. The Second Judicial District Court has been using settlement conferences. The Supreme Court is expanding the initiative statewide to potentially speed up the resolution of cases, and focus resources on more complex criminal proceedings and those in which defendants are jailed pretrial.

Requiring a status conference for defendants, who are not in jail, early in criminal proceedings. The conferences can help resolve cases and allow witnesses, including law enforcement and crime victims, to avoid appearing at a later hearing. The status conference will be conducted before a defendant’s preliminary hearing, which determines whether there is probable cause for the case to proceed to trial in district court. The new procedure will be piloted in the Bernalillo County Metropolitan Court and the Santa Fe County Magistrate Court. At the status conference a defendant can make a plea, enter a pre-prosecution diversion program and waive a preliminary hearing. Click here to view the Supreme Court order.

Traffic violation cases in magistrate courts statewide and the Bernalillo County Metropolitan Court generally will be conducted remotely. This allows officers, the defendant and witnesses to avoid traveling to a courthouse for in-person trials before a judge and can free up time for officers for other law enforcement duties. There previously was a presumption that traffic cases would be heard in-person.

Chief Justice Michael Vigil had this to say in a statement about the new procedures:

“The Supreme Court approved these procedural measures to help our justice partners and courts make the best use of their time and limited resources. … All New Mexicans benefit from an effective and efficient justice system that resolves criminal cases in a timely manner.”

New Mexico Supreme Court Justice Briana Zamora has this to say about the changes:

“These changes in the judicial process will help efficiently use the resources of police, prosecutors, defense counsel and courts to move cases forward toward a resolution while honoring constitutional rights and protections.”

Supreme Court Justice David Thomson said this about the changes:

“When possible we want to prevent law enforcement officers, crime victims and witnesses from unnecessarily making multiple appearances in court proceedings. We are working with our justice system partners to update procedures and processes that strained their resources during the pandemic.”

The New Mexico Supreme Court’s March 24, 2022 press release in a pdf formate entitled “Supreme Court streamlines procedures to expedite criminal cases in state courts” can be found here:

https://www.nmcourts.gov/news/

The most controversial change is the pilot program eliminating the requirement that prosecutors make law enforcement available for pretrial interviews in misdemeanor cases.

PROSECUTION AND LAW ENFORCEMENT REACT

In a March 4 letter to the New Mexico Supreme Court, Bernalillo County Dsitrict attorney Raul Torrez wrote the Court:

“… Pretrial interviews require police officers to appear for court-related activities in greater numbers and for more time than is necessary to adjudicate cases in a fair and just manner. These police officers are too frequently taken off the streets and away from their duties.”

Bernalillo County District Attorney Raúl Torrez had this to say about the Supreme Court changes:

“The Supreme Court’s changes are modest but they are a welcome start in building a more just and equitable system. … [ Eliminating pretrial interviews in misdemeanor cases] will free up many hours [for prosecutors and will] “relieve some of the burdens imposed on law enforcement officers in misdemeanor cases.”

Torrez said APD’s staffing shortage will still be impacted by the officers having to participate in pretrial interviews in felony cases, while also appearing for testimony at preliminary hearings and trial.

APD Chief Harold Medina had this to say:

“Overall, this is a welcome change that will help move cases through the system and allow officers to do their jobs in the field.” Medina also renewed his call on for pretrial detention criteria to be adjusted to keep more violent offenders jailed pending trial.”

DEFENSE BAR REACTS

Chief Public Defender Ben Baur in reaction to the Supreme Court changes has this to say:

“Probably, initially, this will reduce some burden upon law enforcement and district attorneys but if there are more trials, not necessarily. It is definitely adding to the burden of the defense because we will have to find other ways to seek these interviews [like seeking subpoenas to get a pretrial interview] We’re going to have to see how this is interpreted.”

“We are interested in efficiency because we are so under-resourced we want to be able to move things, but it can’t be at the expense of our clients. … Clearly the court with the best of intentions is trying to find efficiencies in the system, but I believe that this may actually lead to more trials because if we can’t interview the officers without a trial, there are cases where we may end up going to trial simply because we need to ask them those questions.”

The link to quoted news source material is here:

https://www.abqjournal.com/2484589/court-rules-aim-to-speed-up-criminal-processing-ex-programs-could-in.html

https://www.abqjournal.com/2485641/court-streamlining.html

COMMENTARY AND ANALYSIS

After a full two years of the pandemic, and a scaling back of court trials and in person hearings, it is difficult to understand why the New Mexico Supreme court is acting now. At least it’s a start and the new procedures have real promise. Streamlining practices to make the best use of everyone’s time and resources while ensuring the rights of defendants must be the ultimate goal. The Supreme Courts new process should be carefully monitored over the next 6 months and be evaluated to ensure they’re working as intended.

An April 6, 2022 Albuquerque Journal editorial entitled “[Overtime] scandals eating away at credibility of APD, its watchdogs” said in part:

“How many overtime scandals will it take for the Albuquerque Police Department — and those who investigate it — to end them once and for all? The accrual of overtime isn’t the issue. The collective bargaining agreement between the city and the local police union spells out the terms for claiming overtime.

But the process seems ripe for abuse based on the number of problems over time. We’re at seven audits and counting since 2014, raising concerns. The latest, in August, found that problems identified previously persisted and the city was not tracking progress in addressing recommendations. And the lack of follow-through doesn’t stop with APD.”

The editorial discusses the overtime investigations of former Lt. Jim Edison and APD Spokesman Simon Dolbick, including 7 audits. A public dispute between APD Chief Harold Medina and City Councilors Louie Sanchez and Dan Lewis was also noted. The editorial points out the lack of follow up by the Attorney General and Chief Harold Medina’s failure to solve the overtime pay abuses and concludes saying pressure from the State Auditor and the Mayor may be needed. Frankly, far more than that is needed.

The link to the full Albuquerque Journal editorial is here:

https://www.abqjournal.com/2485956/ot-scandals-eating-away-at-credibility-of-apd-its-watchdogs.html

The answer the Journal’s ultimate question to what is needed to end APD overtime pay abuse once and for all is:

1. Criminal prosecutions for fraud.
2. Civil lawsuits for reimbursement of fraudulent overtime pay.
3. New terms to the APD union contract removing APD management from the bargaining unit.
4. Abolishing all forms of overtime pay.
5. Creating a strict salary structure.

This blog article is an in depth discussion of the APD overtime abuses and what must be done to stop it.

LT. JIM EDISON CASE STUDY IN EXCESSIVE OVERTIME PAID

The latest overtime scandal involving excessive overtime paid in the hundreds of thousands of dollars is the case of APD Lieutenant Jim Edison. It is a case study showing the police union contract encourages and permits overtime pay abuse. APD command staff from commanders up to the Chief are “at will” employees, prohibited from being police union members and prohibited from claiming overtime. The Lieutenant Edison case pinpoints that the union contract needs to be negotiated to remove the management positions of Sergeants and Liements from the collective bargaining unit, making them at will, and prohibiting them from being paid overtime.

WHAT HAPPENED IN THE EDISON CASE

In the spring of 2020, right after the pandemic began, APD Chief Harold Median placed Lt. Jim Edison in charge of the COVID-19 unit in APD’s Special Operations Bureau. Edison was responsible for coordinating the department’s COVID response, including contact tracing, testing of officers and directing them when to quarantine.

According to a March 14, 2021 KRQE News 13 Investigative report, over the course of one year, APD 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 2021.

Review of APD pay stubs showed Edison made $186,944 in 2020 and $173,672 in 2021. In 2020, more than $95,000 appeared to be from overtime according to pay stubs. From April 2020 to April 2021 Edison was paid upwards of $224,000, according to records APD provided to the media.

Edison was paid upwards of 3 times his base pay all because of overtime paid at the rate of time and a half. The police union contract requires payment in full for 2 hours for any overtime worked outside scheduled work time, no matter if the actual work was for mere minutes or seconds.

APD Internal Affairs and the Police Oversight Agency investigation into the time Edison claimed found Edison was routinely forwarding voicemails or emails outside of work hours and claiming 2 hours of overtime in each time he forwarded the voicemails or emails which likely took seconds to forward. The police union collective bargaining contract contains a clause that when an officer is “called in to work outside their regular working hours”, they are guaranteed pay for a minimum of 2 hours and the rate of time and a half.

The investigation report on Edison found he was voluntarily taking on tasks or duties outside of his regularly scheduled hours not ordered or approved by his supervisors, including early morning hours when he was at home. The investigator wrote in the report:

“An example … [is] listed on his overtime slips were emails Edison chose to send each morning, early hours example 0300 hour, and claiming an automatic 2-hours. [Deputy Chief Michael] Smathers did not require this work at that time and never ‘called him to work’ to complete those at that time during the period investigated.”

The city has never demanded nor sued Edison for reimbursement for the questionable overtime paid.

MEDINA PROCLAIMS “EDISON WASN’T EXACTLY BREAKING THE LAW”

On Thursday, March 31, the Albuquerque Journal reported that APD Chief Harold Medina met with its editors and reporters ostensibly to discuss a wide range of issues that APD is confronted with, including APD overtime pay abuse. Such meetings are standard and occur on a regular basis with elected officials including the Mayor and the District Attorney and government officials.

Referencing prior audits of APD’s overtime uses and abuses, Medina told the Journal editors he thinks the department has improved. Medina had this to say:

“Look at the audit reports – it said hold people and supervisors accountable to create that culture. … That’s what we’re doing. He was held accountable.”

The Journal story noted that the union represents officers, lieutenants and sergeants. In a remarkable revelation that was not elaborated upon in the Journal news story, Chief Medina said:

“Edison wasn’t exactly breaking the law, but he was taking advantage of the terms within the collective bargaining agreement between the city and the union to claim more overtime than he actually worked.”

What Medina said is worth repeating “Claim[ing] more overtime than he actually worked?” Really? REALLY? That is what is called gaming the system for personal gain and profit. Ostensibly, Medina was not asked and did not say if what Edison did was unethical or a “gaming of the system” for personal gain and profit which arguably would be breaking the law by perpetrating fraud. Presumably, Chief Medina was not asked by the Journal if lieutenants and sergeants should be removed from the collective bargaining unit and it would have been reported.

The link to the full quoted Journal article is here:

https://www.abqjournal.com/2484244/more-overtime-misconduct-at-apd-leaves-2-councilors-stewing.html

EDISONS’ DEFENSE

Edison’s attorney Tim White insists his client did nothing wrong. He said Edison followed standard operating procedures and the terms of the collective bargaining agreement. White insists that everything was above board and that his client really did “work those hours”. He pointed out that Edison had to create the department’s response to COVID-19 from “ground zero” and was the only one working on it for the first six months.

“What really happens is, Jim takes that call and whether he takes it live or whether he takes a voicemail, listens to it, and then refers that piece to one of the subordinates in the unit, he’s still working. … He’s having to wait to see what that person that he has sent the work to needs. Do they need to call him back? Is he going to still be involved? And until that call comes back from whoever he’s sent the work to, he’s on the clock.”

EDISON TERMINATED

Lt. Jim Edison was fired in mid-November for being untruthful following internal affairs investigations. Edison was with APD for 14 years before he was fired. According to APD Spokesperson Gilbert Gallegos, Edison received an 80-hour suspension and a 120-hour suspension for two complaints about his overtime pay. Edison was also investigated for retaliating against a commander who raised the issue involving his overtime pay. Edison was fired before his suspensions were served.

According to APD Spokesperson Gilbert Gallegos, Edison was fired because “there was a determination that he was untruthful” in the 2 investigations involving the overtime pay and the one involving the retaliation claim. APD Deputy Chief Smathers for his part received a verbal reprimand and an eight-hour suspension without pay for lack of supervision of Edison.

The link to quoted news source material is here:

https://www.abqjournal.com/2484244/more-overtime-misconduct-at-apd-leaves-2-councilors-stewing.html

SIMON DOLBICK ANOTHER CASE STUDY IN EXCESSIVE OVERTIME PAY

The overtime pay scandal involving Lieutenant Jim Edison is nothing more than a repeat of what happened a mere 2 years ago involving APD Public Information Officer and patrol 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).

The city has never demanded nor sued Drobik to reimburse the city for any questionable overtime paid found by the investigations.

CHRONIC OVETIME PAY ABUSE

Since 2014, there have been 7 audits investigating APD’s overtime pay abuses. The audits resulted in 17 findings and recommendation made to stop the overtime pay abuse, but they were never fully implemented by APD management nor former Republican Mayor Richard Berry and Democrat Mayor Tim Keller.

On Friday, August 6, 2021, the New Mexico State Auditor’s long-awaited special audit report on overtime abuse by the Albuquerque Police Department (APD) was released. The 64-page audit was performed by the Albuquerque accounting firm Porch & Associates LLC. The audit covers the time period of January 1, 2018 to June 30, 2020. The link to the entire 64-page audit report is here:

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

The State Audit released found that problems identified in previous 6 investigations and audits persisted and the city did not track its progress in addressing recommendations. The 2021 special audit found there was an absolute failure by APD command staff to carry out and implement the changes needed to solve the overtime problem.

The released audit identified that certain APD police union contract terms and conditions are in violation of the Federal Labor Standards Act and that the police union contract has contributed significantly to the overtime pay abuse by rank-and-file sworn police officers.

The links to quoted news source material are here:

https://www.krqe.com/news/politics-government/audit-makes-recommendations-for-apd-overtime-policies-practices/

https://www.koat.com/article/albuquerque-police-department-audited-for-overtime-pay-for-7th-time/37248257

https://www.kob.com/albuquerque-news/audit-apd-continues-to-abuse-overtime/6199260/?cat=500

On October 26, 2020 the City’s Internal Audit Department released a performance audit that found over $400,000 paid in overtime to 4 police officers. The release audit found that 4 APD Officers claimed over 2,000 hours of paid overtime, paid at the rate of time and a half, during the fiscal year of July 1, 2019 and ending June 30, 2020.

LISTING OF 250 TOP PAID CITY HALL EMPLOYEES REVEALS EXTENT OF PROBLEM

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 reveal 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.

Police officers first class, senior police officers 1st class, master police officers 1st class, sergeants and lieutenants comprise the collective bargaining unit for the APD police union contract. All are classified employees and can only be terminated for cause.

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 are paid time and a half for overtime pay.

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.

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.

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.

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.

The links 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/

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/

HISTORY OF OVERTIME PAY EXCEEDING APD BUDGET

During the last 10 years, the Albuquerque Police Department has consistently gone over its overtime budgets 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 “gaming the system” that allowed 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. In 2019 APD paid $17.9 million in overtime and in 2020 paid $18.3 million in related overtime costs.

Under the 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.”

There is no police union contract provision placing a cap on the amount of overtime any officer can be paid. 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.

A link to a related blog article is here:

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

POLICE UNION CONTRACT TERMS AND CONDITIONS

At the epicenter of APD’s excessive overtime pay is the police union contract. For that reason, certain terms of the contract merit review. The 65 page APOA police “Collective Bargaining Agreement” (CBA) can be down loaded as a PDF file at this link:

“CITY OF ALBUQUERQUE AND ALBUQUERQUE POLICE OFFICERS ASSOCIATION COLLECTIVE BARGAINING AGREEMENT EFFECTIVE JANUARY 1, 2022 THROUGH JUNE 30, 2023”

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

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

“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 … .

EDITOR’S NOTE: It is under this provision 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 are paid time and a half for all time reportedly worked over their 40-hour work week hours.

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;”
…

Following are the union contract provisions governing payment of overtime, compensatory time and the Fair Labor Standards Act provisions

3.2 Overtime

… during the term of this Agreement the Parties will abide by the conditions of the 12-Hour MOU [Memorandum of Understanding].
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.
… .
3.2.1.4 The Department shall retain the prerogative to implement either a four ten hour or five eight hour work schedule.
3.2.1.6 For the purpose of computing overtime, paid leave shall be considered time worked, as per Subsection 2.5 (FLSA).

3.3 Compensatory Time

… during the term of this Agreement the Parties will abide by the conditions of the 12 hour MOU.
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 compensatory 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.

3.4 Fair Labor Standards Act

3.4.1 Under the Fair Labor Standards Act (FLSA), paid leave is not considered time worked for the purpose of computing overtime and the regular rate for the purpose of computing overtime includes all remunerations.
3.4.2 … during the term of this Agreement the Parties will abide by the conditions of the 12 hour MOU. The parties hereto agree that for the purpose of computing overtime, paid leave will be considered time worked and the regular rate includes the hourly rate with no other remunerations included. Under 7K of the FLSA, the parties agree that for the purpose of computing overtime, the pay schedule will be a 7-consecutive-day, 40-hour workweek.
3.4.3 Applications of the FLSA as it pertains to the exempt status of positions will not change from current practice.

POLICE UNION CONTRACT VIOLATES FEDERAL

One of the most dramatic findings in the Porch & Associates Audit is that the APD police union contract violates the Federal Fair Labor Standards Act (FLSA). Specifically, the Fair Labor Standards Act provides:

“Paid leave is not considered time worked for the purposes of computing overtime”.

The audit points out that the union contract says “for the purpose of computing overtime, paid leave will be considered time worked” and the provision needs to be negotiated and says the City can save thousands of dollars in overtime by insisting that the APOA police union and APD follow the actually follow the Fair Labor Standards Act. The audit also said the City should not bargain away what is established by law.

The audit recommends that the City negotiate with the police union to remove the guaranteed overtime and replace it with actual time. Actual time would start when the officer leaves their home, or work assignment if after a normal shift, through the time they get home.

APD POLICE UNION CONTRACT VIOLATES STATE LAW

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 … , 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

By virtue of their job duties and responsibilities over lower ranking sworn police, Sergeants and Lieutenants are management. Simply put, the police union contract violates New Mexico’s collective bargaining laws by allowing Sergeants and Lieutenants to be a part of the collective bargaining unit.

FRAUD CAN BE BOTH CIVIL AND CRIMINAL

A victim of fraud has the options of initiating a civil cause of action against a perpetrator to recover a loss the result of fraud or to file criminal charges.

In very general terms fraud is defined as “the false representation of facts, whether by intentionally withholding important information or providing false statements to another party for the specific purpose of gaining something that may not have been provided without the deception.”

Fraud is an intentional deceptive act designed to provide the perpetrator with an unlawful financial gain. Often, the perpetrator of fraud is aware of information that the intended victim is not, allowing the perpetrator to deceive the victim for personal gain. Timesheet or time card fraud is when an employee puts down hours they did not work and collects payment for those hours not worked.

https://www.investopedia.com/terms/f/fraud.asp
https://www.ontheclock.com/Blog/Time-Sheet-or-Time-Card-Fraud.aspx

Under New Mexico criminal law, fraud is defined as follows:

“Fraud consists of the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations” When a person is convicted of fraud, full restitution is usually made a part of the sentence. Under New Mexico criminal law, it is the amount of the value of the property misappropriated or taken that determines the degree of the charges brought and sentences imposed.

It is a fourth degree felony when the value of the property misappropriated or taken is over five hundred dollars($500) but not more than two thousand five hundred dollars ($2,500). A fourth degree felony convictions carry a basic sentence of up to 18 months in prison and a fine up to $5,000.

It is a third degree felony when the value of the property misappropriated or taken is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000). A third-degree felony convictions carryss a basic sentence of up to three years in prison and a possible fine of up to $5,000.

It is a second degree felony when the value of the property misappropriated or taken exceeds twenty thousand dollars ($20,000). The basic sentence for most second-degree felonies is up to nine years in prison, plus a maximum fine of $10,000″
.

https://law.justia.com/codes/new-mexico/2011/chapter30/article16/section30-16-6/

COMMENTARY AND ANALYSIS

There a number of things that need to be done immediately to stop the APD overtime pay abuse.

THE CITY COUNCIL

The city council needs to demand that the Keller administration negotiate new terms of the police union contract in order to once and for all put a stop to APD’s decades long overtime pay abuses. Among the terms that need to be negotiated are:

1. Remove Lieutenants and Sergeants from the police bargaining unit and make them at will employees in order to conform with state law and federal law that prohibits management from joining the union.

When the Porch & Associates Audit says that there is a failure of APD supervisors to properly monitor and pre-approve officer overtime, what it fails to disclose is those supervisors are the management positions of lieutenants and sergeants who are allowed to join the APD police union despite being management.

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 approve all overtime submitted by their subordinates to keep them happy and to maintain a working relationship with them and to garner favor with them.

2. Negotiate a term that makes it clear that “paid leave is not considered time worked for the purposes of computing overtime” in order to comply with the Federal Fair Labor Standard Act (FLSA).

3. Negotiate a term that whenever it is determined that overtime was paid in violation of APD standard operating procedures and overtime policy, the overtime pay must be refunded to the city either in single lump sum or garnishment of wages.

INITIATE CIVIL ACTION TO RECOVER OVERTIME PAID

One or more of the audits have identified just a few of the most egregious fraudulent overtime claims have been paid to APD employees, yet the city had done nothing to secure reimbursement for unauthorized overtime pay. Despite all the city and state audits on APD overtime pay abuses and extensive findings of inappropriate conduct, not once has the city ever initiated civil collection actions to recover the 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.

The city does have grounds for a civil cause of action to recover the fraudulent overtime pay. To that end, the City Attorney should make immediate demand for repayment of all fraudulent overtime pay and if refused by the employee, terminate them and immediately file a civil collection claim against the employee.

CRIMINAL INVESTGATION BUT NO CHARGES

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 time card fraud by the Albuquerque Police Department.

CONCLUSION

The answer to the Journal’s editorial question “How many overtime scandals will it take for the Albuquerque Police Department … to end them once and for all?” is it will take APD oversight watchdogs such as the Mayor, the City Council, the State Auditor, the Attorney General and the District attorney to do their jobs and actually do something when it comes to enforcing the law.

The Attorney General or the District Attorney need to prosecute, the City attorney needs to sue to recover overpayments and the Mayor and City Council need to negotiate new APD contract provisions to remove police management from the union, place a cap on overtime and enforce it or abolish overtime and make all APD sworn “at will” which will eliminate overtime pay requirements.

Otherwise, we can expect more audits costing thousands that will collect dust on shelfs and not worth a damn other than the value of the paper they are written on.