October 31, Halloween Night, Ghostbuster’s “Slimer Shaun” Willoughby took to the Channel 7 news cast airways to make a “special announcement” that the APD police union would not be making any endorsement of any one of the 3 candidates for Mayor. Willoughby proclaimed that the police union interviewed Mayor Tim Keller, Sheriff Manny Gonzales and radio talk show host Eddy Aragon and concluded that none of the 3 were worthy of the police union endorsement.

Shaun Willoughby had this to say on camera:

“There are candidates and either City Council races or the mayor’s race that are interested in APOA endorsement. We definitely put them through the process. We have a process for that, but we’re just not in a position right now to engage in this mayor’s race.

The reality is that we have significant problems in the city of Albuquerque that are not being addressed by the current mayor. They need to be addressed no matter who the mayor is, and the direction that Albuquerque is going right now is the wrong direction. So we’ve decided not to endorse. So what we need is the city of Albuquerque to join us to join your public safety personnel and demand better because you deserve better. We know you deserve better and we want to provide better.

The city of Albuquerque has an obligation to provide its employees policies that allow them to succeed and do the job. That’s not happening. Let’s think about the future and less about thinking about election cycles because it’s going to take more than a decade to replace the 137 people that just walked out the door”.

Channel 7 failed to reach out to any one of the 3 candidates running for Mayor to get a reaction to the Union’s actions.

https://www.koat.com/article/albuquerque-police-union-backs-no-mayoral-candidate/38117603

POLICE UNION 2017 ENDORSEMENT OF KELLER RESULTED IN “QUID PRO QUO”

Four years ago, the police union endorsed then New Mexico State Auditor Tim Keller for Mayor. During the entire 8 years of the previous Republican Mayor Berry Administration, the police union was at union contract impasse when Berry unilaterally suspended a pay raise negotiated by the Mayor Marty Chaves Administration because the city was face with a huge budget deficit and Berry preferred to make budget and salary cuts to avoid a tax increase. The police union got the “quid pro quo” it so desperately wanted with its endorsement of Keller. Within 5 months of taking office, the Keller Administration negotiated a new, two-year police union contract substantially raising police hourly pay.

Within 6 months of taking office, Mayor Tim Keller also went back on his pledge not to raise taxes, even for public safety, without a public vote. Mayor Keller signed a gross receipts tax increase with 70% of the $55 million generated from the new tax revenues dedicated to public safety. The police union and union President Shaun Willoughby heavily lobbied the Albuquerque City Council to dedicate 70% of the new tax revenues to public safety. The net result of passage of the tax increase was that the city council increased APD’s budget by 30% and further increased officers’ pay by more than 17%.

During the past 4 years, and after being given everything they have wanted, Willoughby and the union have consistently criticized the Keller Administration. The biggest source of the criticism is the Keller Administration support of the Department of Justice reforms and the accompanying discipline for violations of standard operating procedures required for “use of force” and “deadly force”.

POLICE UNION POLLS

On October 29, a mere 4 days before the municipal election for Mayor, the police union released its yearly survey of its membership. The survey was sent to 823 officers with a mere 421 officers responding to the survey. The management positions of APD sergeants and lieutenants are police union members and no doubt participated in the survey. According to an APD spokesperson, APD has 945 sworn officers as of October 27.

Each year, the Albuquerque Police Officers Association (APOA) releases its annual push poll of its membership. Last year the union released its poll in July. In years past, the union releases its poll as the police union contract negotiations are about to begin with the city or are already in the process of negotiations. For the past two years, police union negotiations have been suspended because of the pandemic.

Review and comparison of the police union’s 2020 and 2021 poll results are in order.

2020 POLICE UNION POLL

The highlights of last year’s survey released in July, 2020 are as follows:

80% of APD officers who responded have considered a new line of work in the past couple of months and of those 84% said it was due to the “current view on policing, the increased scrutiny on officers, new reform efforts and job insecurity.”
62% of sworn police officers do not feel they are being supported by Police Chief Michael Geier.
96% of sworn police do not feel supported by the City Council.
83% of sworn police do not feel supported by Mayor Tim Keller.
88% of sworn police are concerned about losing “qualified immunity”. “Qualified Immunity” is where sworn police officers are not personally held liable for anyone they injure or killed on the job. Under “qualified immunity” the city assumes full responsibility for any and all conduct, intentional or negligent, by sworn police.
68% of officers said it was “unlikely or very unlikely” that they would recommend police work as a career choice to others.

2021 POLICE UNION POLL

The 2021 poll released on October 29 reflects that not much has changed. The highlights of this year’s survey are as follows:

85% of those surveyed have considered leaving the force, up 5% from last year.
89% do not feel supported by command staff.
94% do not approve of Police Chief Harold Medina.
98% do not feel supported by Mayor Tim Keller’s administration.
42% said Department of Justice reform constraints are the biggest contributor to the crime problem in the city.
24% said it was “justice system problems”, ostensibly meaning the revolving door criminal justice system.
Only 5% said lack of officers is contributing to high crime rates.

Not at all surprising APOA President Shaun Willoughby said stagnant recruiting, DOJ reform efforts and the Keller administration have brought morale to its lowest levels yet.

Willoughby had this to say:

“These are actual police officers, the men and women that are keeping this community safe at night, and this is how they feel. Let’s take it seriously, for the first time ever, and let’s try to fix it. … This departments not worried about crime. … This department’s worried about compliance and DOJ reforms and it’s really hard. … [Sworn police] feel handcuffed, they’re frustrated that the citizens are frustrated, and nobody is allowed to do police work.”

“All these politicians will tell you we’ve got to do both simultaneously. Not a realistic expectation. … [APD sworn police] do not feel like they have a recipe for success. … 85% of them are looking for other jobs in a year where 137 police officers have already left followed by a year where 81 police officers left last year. I mean we have a natural attrition rate in this police department dating back 20 years of 60. So they’ve got a serious problem on their hands and I think it starts with treating your employees with a little more respect. … I don’t know a single police officer who would recommend the Albuquerque Police Department as a place of employment.”

Willoughby in one interview said it’s time for APD to start dictating policy for the department saying they have a right to identify things that are not working and fix them. Willoughby went on to say one of those things is the “use of force policy”. He says officers are spending hours of their day being investigated by Internal Affairs for use of force when they could be out on the streets fighting crime.

Willoughby said there was no political motivation behind releasing the survey results four days before the mayoral election.

On Friday, October 29, APD issued the following statement in response to the police union poll:

“We have acknowledged and been up front about the fact that officers are not happy with the DOJ settlement agreement and the focus on discipline. At the same time, the Court-appointed monitors are coming out with a new report that once again criticizes the department for not doing enough to discipline officers. The fact is we are working with the DOJ and the Congressional delegation to push back against unreasonable demands from the monitoring team, while working toward compliance and lasting reform. I would also point out that 61% of voters in a recent survey support the job our police officers are doing. Public support is essential for our department to be effective.”

Links to quoted source material are here:

https://www.abqjournal.com/2441753/survey-apd-officers-unhappy-with-local-leaders.html

https://www.kob.com/albuquerque-news/apoa-survey-officers-do-not-feel-supported-by-city-leaders/6285010/?cat=500

https://www.krqe.com/news/politics-government/survey-reveals-what-apd-officers-believe-to-be-biggest-factor-in-crime-problem/

SEVEN YEARS OF POLICE UNION OBSTRUCTION TACTICS

During the past 7 years Shaun Willoughby and the police union members he represents have done everything they could to undercut the police reforms brought on by the Department of Justice (DOJ) investigation that found a “culture of aggression” and repeated use of deadly force and excessive use of force. The Federal Court Appointed Monitor has labeled the union interference with the reforms as the “County Casa Effect”. The Federal monitor has defined the Counter Casa Effect as a group of “high-ranking “ police officers.

In his 10th report, the Federal Monitor defined the “Counter-CASA effect” and the group of high ranking sworn police as follows:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.

“Some members of APD … resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example, … Collective Bargaining Agreement (CBA) disciplinary timelines, appear at times to be manipulated by supervisory, management and command levels at the area commands, letting known violations lie dormant until timelines [mandated by the union contract] for discipline cannot be met.”

In his 12th Monitor’s Report, Dr. Ginger states:

… Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor … report[s] … he sees actions that transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.”

… Supervision, which includes Lieutenants and Sergeants in the union, need to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.”

POLICE UNION PUBLIC RELATONS CAMPAIGN TO DISCREDIT REFORMS

On April 27, 2021, it was widely reported that the Albuquerque Police Officers Association (APOA) launched a $70,000 political ad campaign to discredit the Department of Justice (DOJ) mandated reforms saying the police reforms are preventing police officers from doing their jobs and combating crime.

The Police Union political ad campaign consisted of billboards around the city and testimonials on TV, radio and social media from former Albuquerque Police Department officers. The public relations campaign is urging the public to tell city leaders that crime matters more than the Police reforms mandated by the settlement.

APOA Police Union President Shaun Willoughby described the need for the public relations campaign this way:

“You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both. We think it’s time that our city leaders hear from the public that crime matters more because it does. … They want to focus on the growing crime problem, instead of wasting millions of dollars on endless Department of Justice oversight. … This conversation of reform needs to come back to common sense.” …

A POLICE UNION CANARD

During the June 9, 2021 status conference hearing, presiding Federal Judge James Browning asked the Federal Monitor what he thought about the police union accusations that the settlement is the cause of higher crime. The federal monitor’s response was swift and he told the court:

“[The accusation is] a union canard. We’ve talked about the counter-CASA effect in Albuquerque for years and years, and it is still alive and well. This latest process from the union is just another piece of counter-CASA. The union would like us out of town, I’m sure, and remember this monitoring team – as much as we love Albuquerque – would be glad to be done with the job. But we’re not going to give passing scores unless passing scores are earned. … [if the city] will actually focus on compliance” [it could be done with the CASA in 2 to 3 years]. … We’re constantly making the same recommendations over and over and over again. Just like this time – 190-plus recommendations. It’s a get-out-of-the-CASA-free card, those 190 recommendations. What’s dragging this out, quite frankly, your honor, is a police department not focusing its resources on complying with the CASA.”

APD’S FAILURE TO IMPLEMENT MANDATED REFORMS

On May 3, 2021 the Federal Court Appointed Monitor filed with the Federal Court the 13th compliance report of APD. The report covers the time frame of August 2020 through January 2021. The report finds that APD is deteriorating further in not achieving the mandatory compliance levels.

The link to the 350 page 13th Federal Monitor’s report is here:

https://documents.cabq.gov/police/reports/department-of-justice/independent-monitors-thirteenth-report-may-2021.pdf

APD FAILS TO CONTROL “USE OF FORCE”

Quoting the 13th federal monitor’s (IMR-13) report:

… it continues to be apparent that APD has not had and currently does not have an appetite for taking serious approaches to control excessive or unwarranted uses of force during its police operations in the field. Command and control practices regarding the use of force continue to be weak. APD continues to lack the ability to consistently “call the ball” on questionable uses of force, and at times is unable to “see” obvious violations of policy or procedure related to its officers’ use of force.”

“At this point, the disciplinary system at APD routinely fails to follow its own written policy, guiding disciplinary matrices, and virtually decimates its disciplinary requirements in favor of refusals to recognize substantial policy violations, and instead, often sustaining minor related violations and ignoring more serious violations. In other cases, APD simply defies its own written guidance.

“… APD is willing to go through almost any machination to avoid disciplining officers who violate policy or supervisors who fail to note policy violations or fail to act on them in a timely manner.” …

Again, during this reporting period, we provided APD with highly detailed step-by-step recommendations regarding the use of force investigations and supervision at all levels of the department, among other critical issues. Despite this advice, APD has actually lost ground in its compliance efforts as it relates to training related to and operational implementation of the requirements of the CASA.”

This monitor’s report can be synopsized in a single sentence. Due to a catastrophic failure in training oversight this reporting period and similar failures at the supervisory and command levels of APD, the agency suffered a 9.9%-point loss in compliance elements related to the training and supervisory functions at APD and a 7.8% loss in overall compliance ….

(IMR-13, pages 2 and 3)

https://www.petedinelli.com/2021/05/11/federal-monitors-12th-and-13th-reports-highlight-mayor-tim-kellers-catastrophic-failure-to-implement-the-doj-mandated-reforms/

COMMENTARY AND ANALYSIS

Police union surveys in years past have been taken and released by the union as the police union contract negotiations are about to begin with the city. The surveys are used to gain leverage in union contract negotiations to give it the upper hand. Lest anyone forget, it was in May that the police union began a $70,000 public relations campaign to disparage the Department of Justice Court Approved Settlement Agreement (CASA) making the bogus argument that the CASA was the cause of the City’s high crime rate.

It’s so damn laughable that Union President Shaun Willoughby would say there was no political motivation behind releasing the union survey results 4 days before the mayoral election to the point that there is a need to just say he is lying. There was absolutely no urgency nor need to release the poll other than the November 2 election. The survey could just have been easily released after the election, but the union just had to take one more cheap shot at Mayor Tim Keller and APD Chief Harold Medina.

Union President Shaun Willoughby takes another cheap shot literally 2 days before the November 2 election by announcing the union would not be making an endorsement and “slims” by making inflammatory and false accusations that APD is not being supported by City Hall and saying that is the reason for not making an endorsement.

PROMOTING THE BIG LIE

Police Union President Shaun Willoughby has been on a public relations “slim” campaign promoting the “big lie” that the DOJ consent decree reforms are the cause of officer shortages, low morale and high crime. He and the union perpetually complain after the City Council gives APD a $227 million dollar budget. Millions go to pay APD sworn police, including salaries, overtime pay, retirement contributions, insurance benefits and providing equipment needs such as police cars, lapel cameras and training. Simply put APD personnel are the best paid at city hall with one of the most lucrative retirements.

The police union complaints about the reforms have been going on 7 years, before the pandemic and long before the national movement of police scrutiny and accountability. The Federal Monitor has documented the reform resistance and the negligent personnel management causing the problems.

The Federal Court and the Monitor have no management authority over APD. The department’s problems are not caused by the reforms but caused by the way Keller, Medina and his 3 Deputies have implemented the reforms and union sergeant and lieutenant membership obstructing the mandated reforms.

REAL REASONS BEHIND FALSE CLAIMS

According to police officers, they are afraid to do their jobs for fear of being investigated, fired or disciplined. They claim their hands are tied. The police union for 7 years has obstructed the reforms. The police union went so far as to initiate a $70,000 political ad campaign and using Willoughby’s own words saying “You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both”, discrediting the need for reforms.

When “Slimer Shaun” Willoughby says it’s time for APD to start dictating policy for the department saying they have a right to identify things that are not working with the DOJ reforms and fix them, what he really means is that it’s time for the union to start dictating policy.

What the police union feels is interfering with APD sworn from doing their jobs are the following mandated reforms:

The mandatory use of lapel cameras by APD.
APD police can no longer shoot at fleeing cars.
APD police can no longer use “choke holds” to subdue suspects.
APD police need to use less lethal force and not rely on the SWAT unit.
APD police must use de-escalating tactics.
All APD officers must be trained in crisis intervention.
APD management must now hold all subordinate police officers accountable for all levels of violations of standard operating procedures.
APD Police officers are required to intervene when they witness and are concerned about other officers use of force. “Old guard” police officers view it as a “snitch” program where officers turn on fellow officers.
Sworn police officers believing that many standard operating procedures should not be enforced as being too petty or serving no useful function.
The mandatory “paper work” associated with any degree of use of force is too cumbersome.
Mandatory notification to superiors for investigation by police officers who witness another officer’s “excessive use of force” or violations of CASA reforms.

APD Chief Medina has said “The pendulum has swung too far in the wrong direction where officers do not feel supported, or that they can do their jobs effectively and safely in all situations. … We can’t simply move every officer to patrol the streets. … I don’t have the authority to defy a court order.”

No one is asking anyone to defy any court order but asking them to simply do their jobs. It’s Mayor Tim Keller and APD Chief Medina not supporting sworn police. They have control over APD, all personnel, discipline and how the reforms are implemented. The police union also has considerable influence and thus control over its membership, especially sergeants and lieutenants, who are management, and yet allowed to join the union, as they undercut or interfere with implementation of the reforms and discourage people from going to work for APD.

CONCLUSION

When Willoughby proclaims “I don’t know a single police officer who would recommend the Albuquerque Police Department as a place of employment” he is saying that he and the union only think about themselves and are part of the problem. Simply put, Keller and Medina have failed to manage and hire officers as the APD police union obstructs implementation of the DOJ reforms.

The Department of Justice will never leave the city and the case dismissed until APD management and the Police Union get behind the reforms to bring the department into full compliance with the consent decree.

The links related blog articles are here:

Headline Reality Versus Public Opinion; 61% Feel Safe In A City With Violent Crime Index of 346% National Average; 61% Approve Way APD Police Doing Job Despite Department’s Poor Performance Measures

NY Times: “How Police Unions Became Such Powerful Opponents to Reform Efforts”; This Sounds WAAAY Too Familiar! Dismiss Police Union As Party To Federal Lawsuit

Following are the headlines with report summaries and links to the full news stories for Halloween weekend:

November 1 ABQ Journal Headline: VIOLENCE OVER WEEKEND LEAVES 5 FATALLY SHOT, OTHERS INJURED

“Violence erupted marring the Halloween weekend around the metro area with five people fatally shot and multiple persons wounded in separate incidents which spanned from Downtown to Southeast Albuquerque, the South Valley, Corrales and the West Side. … The weekend started off with gunfire at a large house party on the West Side, a homicide in Downtown Albuquerque and a killing in Corrales.”

https://www.abqjournal.com/2442212/bcso-investigating-double-homicide-in-county.html

HEADLINE: “Albuquerque police: Party gunfire wounds multiple people”

“Albuquerque police say at least several people were shot and wounded by gunfire during what was described as a large house party early Saturday morning.”

https://www.kob.com/albuquerque-news/albuquerque-police-party-gunfire-wounds-multiplequot-people/6285750/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

HEADLINE: “House party shooting in northwest Albuquerque”

“A house party turned into a chaotic scene Saturday morning in northwest Albuquerque. Several people were injured after shots were fired at the party. None of the injuries are considered life-threatening. An APD spokesman says officers responded to a 911 call near McMahon Boulevard NW and Fineland Drive NW. … Stray bullets hit several houses. … APD says multiple people were shot and taken to the hospital.”

https://www.koat.com/article/several-people-injured-in-house-party-shooting/38113864

HEADLINE: “Son of former State Senator killed in first murder in Corrales, since December, 2002”

“The son of former State Senator Steve Komadina was killed Saturday in Corrales – the first murder in Corrales, since December, 2002. … Corrales Police Chief Victor Mangiacapra confirmed to Action 7 News that 46 year old Spencer Komadina was shot and killed, after an altercation with his roommate at their home, located on the 300 block of Camino De Corrales Del Norte. …”

https://www.koat.com/article/son-of-former-state-senator-killed-in-first-murder-in-corrales-since-december-2002/38117160

HEADLINE: BCSO: Shooting leaves 2 dead, 4 injured at South Valley party.

“Two people are dead and four people, including a juvenile, were injured after a shooting in the South Valley at a Halloween party. … BCSO states that the victims were transported to UNMH and were last reported to be in stable condition. Investigators later learned that there was another gunshot victim, a juvenile, that was also in stable condition at the hospital.”

https://www.krqe.com/news/crime/bcso-two-confirmed-dead-multiple-injured-in-south-valley-shooting/

ALBUQUERQUE JOURNAL POLL

The Halloween weekend headlines are Albuquerque’s reality verses public opinion.

The Albuquerque Journal commissioned a poll by its long-time pollster Research and Polling for the November 2 municipal election. The poll was conducted from October 15 through October 21. Included in the poll was a question if voters “felt safe” and their feelings if they felt Albuquerque Police Department (APD) is doing its job.

The Journal Poll is based on a scientific, citywide sample of 536 likely regular local election voters, including those who voted in the 2017 and/or 2019 local elections and a small sample of newly registered voters likely to vote in 2021. The voter sample has a margin of error of plus or minus 4.3 percentage points.

On October 27, the Journal published a front page an article entitled “Despite crime issue, most ABQ voters feel safe” written by Journal Staff writer Matthew Reisen. The link to the full Journal article is here:

https://www.abqjournal.com/2441280/despite-crime-issue-most-abq-voters-feel-safe-ex-the-majority-of-those-polled-believe-apd-officers-doing-a-good-job.html

HIGHLIGHTS OF THE POLL

Following are the major highlights of the poll:

87% are “concerned” about crime.

61% say they feel either very safe or somewhat safe in Albuquerque.
15% of women said they feel very safe.
22% of men said they feel very safe.

DISPARITY IN FEELINGS OF SAFETY WIDENED WITH POLITICAL PARTY AND MAYORAL SUPPORT

76% of Democrats said they felt safe in Albuquerque.
38% of Republicans said they felt safe in Albuquerque.

75% of Mayor Tim Keller’s supporters reported feeling safe.
36% of Sheriff Gonzales’ supporters reported feeling safe.
38% of Eddy Aragon’s supporters reported feeling safe.

APD APPROVAL RATINGS

61% approve of the job Albuquerque police officers are doing.
44% of voters ages 18 to 34 said they approve of the job officers are doing.
69% of those 65 and older approve the way APD is doing its job.

70% of conservatives say they approve the way APD does its job.
47% of liberals say they approve the way APD does its job.
65% of moderates say they approve the way APD does its job.

Approval for officers dipped most among Keller supporters at 56%.
Aragon supporters showed the highest support for officers at 73%.

Regarding the disparity in feelings of safety widening with political party, Brian Sanderoff, the President of research and Polling told the Journal:

“I’ve noticed over the years that, when you ask a person, ‘how safe are you?’ – if the chief executive, whether it be a mayor, or a governor, is a Democrat, the Democrats were like – ‘Oh, I’m safe.’ There’s something about people relating it to how they feel about the chief executive. And I see that trend here to an extent. … , [the same holds true for Republicans.]

The link to the full report is here:

https://www.abqjournal.com/2441280/despite-crime-issue-most-abq-voters-feel-safe-ex-the-majority-of-those-polled-believe-apd-officers-doing-a-good-job.html

CITY CRIME RATES, APD’s PERFORMANCE MEASURES AND DOJ POLICE REFORMS

Given the overall poll results that 61% feel safe and somewhat safe and that 61% approve the way APD is doing its job, a review of the city’s crime rates, APD’s performance measure statistics and APD’s compliance with implementing the department of justice mandated police reforms are in order.

ALBUQUERQUE CRIME RATES IN A NUTSHELL

According to the 2020 FBI Unified Crime Reports:

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

SOURCE:

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

HOMICIDES

In 2018 there were 69 homicides.
In 2019 there were 82 homicides.
In 2020, there were 76 homicides.
As of November 3, 2021 there have been 96 homicides within the city limits a new all-time record high.

https://www.koat.com/article/barelas-homicide-abq-homicides/38147165

https://www.abqjournal.com/1199913

https://www.cabq.gov/police/documents/apd-homicide-list-for-web-site-as-of-20sep2021.pdf

VIOLENT CRIMES

In 2018 there were 6,789 violent crimes. There were 3,885 Aggravated Assaults and 491 Non-Fatal Shootings.

https://www.petedinelli.com/2019/11/21/city-matches-homicide-record-high-of-72-murders-mayor-keller-forced-to-defend-policies-makes-more-promises-asks-for-more-money/

In 2019 the category of “Violent Crimes” was replaced with the category of “Crimes Against Persons” and the category includes homicide, human trafficking, kidnapping and assault.

In 2019 Crimes Against Persons increased from 14,845 to 14,971, or a 1% increase.

The Crimes Against Person category had the biggest rises in Aggravated Assaults increasing from 5,179 to 5,397.

In 2020 Crimes Against Persons went from 14,971 in 2019 to 15,262 in 2020.

APD PERFORMANCE MEASURE STATISICS

APD arrests have plummeted. APD statistics for the budget years of 2019 and 2020 reflect the department is 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 police union falsely proclaims officer’s hands are tied by the DOJ reforms and are afraid of doing their jobs for fear of being disciplined.

HISTORICAL LOW HOMICIDE CLEARANCE RATES

For the past three years, the 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 homicide 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 the clearance rate has dropped to 50%. Of the 75 homicides thus far in 2020, half remain unsolved. There are only a dozen homicide detectives each with caseloads high above the national average.

AUTO THEFTS STILL HIGH

On June 26, 2019 the National Insurance Crime Bureau (NICB) released its annual list of cities with the most stolen vehicles reported. Despite a 28% reduction in auto thefts over a two-year period, Albuquerque ranked No. 1 in the nation for vehicle thefts per capita for the third year in a row. On July 30, 2020, the National Insurance Crime Bureau (NICB) reported that Albuquerque is now ranked #2 in the nation for auto theft.

https://www.forbes.com/sites/jimgorzelany/2019/06/27/these-are-the-cities-with-the-highest-car-theft-rates/#7c42e7d35146

RESPONSE TIMES

A February 20th KOAT TV Target 7 investigation into the Albuquerque Police Department’s (APD’s) response times revealed an alarming level of time it takes APD to respond to 911 emergency calls. The time it takes for APD to respond to priority 1 calls in all likely has a major impact on increasing physical injury. It was reported that it takes APD 23 minutes longer to get to an emergency call than it did 8 years ago. There has been an astonishing 93% increase since 2011 with response times getting worse every year since.

In 2011, the average response time to all calls, whether it was a life-or-death emergency or a minor traffic crash was 25 minutes. In 2019, that time period spiked to 48 minutes in the average response time.

https://www.koat.com/article/apd-response-times-continue-to-climb/31028667

The main reason for the dramatic increase in response times is a reduction in the number of sworn police with a corresponding increase in calls for service and 911 emergency calls. Not at all surprising is that when you examine APD’s manpower levels over the past nine years, response times were quicker when there were more sworn police assigned to the field services.

On December 1, 2009, the Albuquerque Police Department (APD) was staffed at 1,100 police officers. At the time, APD was the best trained, best funded, best equipped and best staffed in the history of the police department. The city’s overall crime rates were significantly lower than they are today.

For the full 8 years from December 1, 2009 to December 1, 2017, APD spiraled down wards as a result of poor management, budget cuts, police salary cuts and an investigation by the Department of Justice (DOJ) resulting in a finding of a “culture of aggression” within the department. The DOJ investigation resulted in a federal lawsuit and a consent decree mandating major reforms to APD and included the appointment of a federal monitor. When Mayor Keller took office on December 1, 2017, APD had plunged to approximately 870 full time police officers and the numbers went down even further to 830 at one time.

Today, APD staffing has not gotten much better. According to recent reports, APD is down to 940 sworn police.

APD’S FAILURE TO IMPLEMENT MANDATED REFORMS

The Court Approved Settlement Agreement (CASA) mandates 271 police reforms that APD is still struggling to implement after 6 years and millions spent. The most recent 13th Federal Monitors report released finds that APD is deteriorating further in not achieving the mandatory compliance levels.

On May 3, 2021 the Federal Court Appointed Monitor filed with the Federal Court the 13th compliance report of APD. The report covers the time frame of August 2020 through January 2021. It appears that things have only gotten worse for APD.

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed.

In the IMR-13 report, the Federal Monitor made the following findings on the 3 compliance levels:

Primary Compliance: 100%;
Secondary Compliance: 82%;
Operational Compliance: 59%.

Since the last report, IMR-12, the following changes in compliance levels are noted:

Primary Compliance: No change at 100%
Secondary Compliance: A loss of 9.9%
Operational Compliance: A loss of 7.8%

All documents related to APD’s settlement agreement can be downloaded and reviewed at this city web site link:

https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement

The 13th Federal Monitor’s report contains a number of very disturbing findings given that over 6 years has elapsed and millions spent on the reforms.

The link to review the 13th Federal Monitor’s report:

https://documents.cabq.gov/police/reports/department-of-justice/independent-monitors-thirteenth-report-may-2021.pdf

To quote the 13th federal monitor’s report:

“At the present time, APD’s most critical tasks are two-fold. …

First, it needs to control the uses of force effectuated by its personnel, ensuring that each use of force is carefully assessed for compliance to approved policy and that each use of force was the minimum necessary to accomplish a legitimate policing objective.

Secondly, APD needs to actually enforce the mandates of its established disciplinary system and ensure that improper uses of force in the field are addressed through fairly applied remedial measures, e.g., counseling, retraining, enhanced supervision, and discipline.”

(IMR 13, page 1)

APD FAILS TO CONTROL “USE OF FORCE”

“… it continues to be apparent that APD has not had and currently does not have an appetite for taking serious approaches to control excessive or unwarranted uses of force during its police operations in the field. Command and control practices regarding the use of force continue to be weak. APD continues to lack the ability to consistently “call the ball” on questionable uses of force, and at times is unable to “see” obvious violations of policy or procedure related to its officers’ use of force.”

APD’S FAILING DICIPLINARY PROCESS

“At this point, the disciplinary system at APD routinely fails to follow its own written policy, guiding disciplinary matrices, and virtually decimates its disciplinary requirements in favor of refusals to recognize substantial policy violations, and instead, often sustaining minor related violations and ignoring more serious violations. In other cases, APD simply defies its own written guidance.”

(IMR-13, page 2)

MACHINATIONS TO AVOID DISCIPLINING OFFICERS

“… APD is willing to go through almost any machination to avoid disciplining officers who violate policy or supervisors who fail to note policy violations or fail to act on them in a timely manner.”

CLEAR AND DELIBERATE INDIFFERENCE AND IGNORING MONITOR’S RECOMMENDATIONS

“Interestingly, we note this aversion to discipline does not seem to apply to civilian personnel, who are often subjected to maximum penalties for relatively minor violations. To the monitor, this constitutes clear evidence of deliberate indifference to the requirements of the CASA [as applied to APD sworn police personnel]. Again, during this reporting period, we provided APD with highly detailed step-by-step recommendations regarding the use of force investigations and supervision at all levels of the department, among other critical issues. Despite this advice, APD has actually lost ground in its compliance efforts as it relates to training related to and operational implementation of the requirements of the CASA.”

(IMR-13, page 3)

CATASTROPHIC FAILURE IN TRAINING OVERSIGHT

“This monitor’s report can be synopsized in a single sentence. Due to a catastrophic failure in training oversight this reporting period and similar failures at the supervisory and command levels of APD, the agency suffered a 9.9%-point loss in compliance elements related to the training and supervisory functions at APD and a 7.8% loss in overall compliance …. Overall, there is an argument to be made that operational compliance rates have held relatively steady, at slightly less than 60 percent, since IMR-8, two and one-half years ago.”

https://www.petedinelli.com/2021/05/11/federal-monitors-12th-and-13th-reports-highlight-mayor-tim-kellers-catastrophic-failure-to-implement-the-doj-mandated-reforms/

COMMENTARY AND ANALYSIS

In general, public opinion polls are conducted to gage the degrees of positive or negative reactions to a given issue. For that reason, it is difficult to reconcile the results of the Journal poll showing 87% are “concerned” about crime, yet 61% “feel safe and somewhat safe” in a city with such high crime rates.

Had those polled been told that Albuquerque has a crime rate of 194% higher than the national average and that the city’s violent crime index for 2020 is 346% of the national average, it is highly unlikely 61% would say they “feel safe” or “somewhat safe” if they were told. Pollsters call such polls containing such information “push polls” to get a desired response. Instead of being “concerned” about crime, more than a few would likely say they felt “upset”, “angry” or even “afraid” if they were given the information on the city’s crime rates. One feasible response from those polled is that city residence have become “numb” to the reality of violent crime so long as they are not the victim.

It is equally difficult to reconcile that 61% approve the way APD police are doing their jobs. The reality is APD has a very low arrest rates and homicides clearance rates. Response times to 911 calls have spiked by 93% since 2011. Further, APD is still a law enforcement department under a court approved settlement agreement failing to implement the mandated police reforms after a full 7 years and millions spent.

Too many times public opinion polls do not reflect reality. They are a “snapshot in time” of public sentiment. The blunt truth is that public opinion polls are nothing more than an expression of people’s perception on how they feel at one given time and attitudes can change overnight. In Albuquerque, it’s a stretch to say that people are actually safe given our high violent crime rates. It is also a stretch of the imagination to say that APD is doing its job given the decline in arrests and low clearance rates.

Voters may say the feel safe in an opinion poll, but that does not make it so.

______________________

POSTSCRIPT

Below are the two major questions asked in the poll with the results reported:

1. OVERALL, HOW SAFE DO YOU FEEL IN ALBUQUERQUE?

Very Safe: 18%
Somewhat Safe: 43%
Somewhat Unsafe: 23%
Very Unsafe: 12%
Depends: 4%

2. DO YOU APPROVE OR DISAPPROVE OF THE WAY ALBUQUERQUE POLICE OFFICERS ARE DOING THEIR JOB?

Approve: 61%
Disapprove: 20%
Mix feeling: 17%

BREAKDOWN BY IDEOLOGY OF APPROVE OR DISAPPROVE WAY APD OFFICERS DOING JOB

CONSERVATIVE

Approve: 70%
Disapprove: 13%
Mixed Feelings: 15%

MODERATE

Approve: 65%
Disapprove: 17%
Mixed Feelings: 16%

LIBERAL

Approve: 47%
Disapprove: 31%
Mixed Feelings: 18%

BREAKDOWN BY AGE GROUP OF APPROVE OR DISAPPROVE WAY APD OFFICERS DOING JOB

18 TO 34 AGE GROUP

Approve: 44%
Disapprove: 36%
Mixed Feelings: 17%

35 TO 49 AGE GROUP

Approve: 58%
Disapprove: 24%
Mixed Feelings: 17%

50 TO 64 AGE GROUP

Approve: 63%
Disapprove: 21%
Mixed Feelings: 15%

65+ AGE GROUP

Approve: 69%
Disapprove: 9%
Mixed Feelings: 18%

The full Journal article can be read here:

https://www.abqjournal.com/2441280/despite-crime-issue-most-abq-voters-feel-safe-ex-the-majority-of-those-polled-believe-apd-officers-doing-a-good-job.html

The November 2 municipal election for Mayor is fast approaching. For that reason, below is a listing of Albuquerque Journal profile articles and Question and Answer articles on the candidates with links to the articles. The Journal articles are being provided in the hope they will provide useful information to make an informed decision.

After the Journal profile articles, a listing of www.PETEDINELLI.com blog articles with links are provided. One caveat to keep in mind: The blog is political and the articles are replete with political opinions with Analysis and Commentary. None the less the blog articles provide documented information on the records of the candidates reported on by local news media and contained in public records along with the Analysis and Commentary.

PLEASE VOTE NOVEMEBER 2! If you do not vote, do not complain.

ALBUQUERQUE JOURNAL PROFILE ARTICLES AND QUESTION AND ANSWER ARTICLES

MAYOR TIM KELLER

HEADLINE: ‘I’ve learned’: Keller touts real-world experience”

https://www.abqjournal.com/2433925/keller-highlighting-experience-as-he-seeks-second-term.html

Q&A MAYORAL CANDIDATE TIME KELLER by the candidate

https://www.abqjournal.com/2433190/qa-mayoral-candidate-tim-keller-2.html

SHERIFF MANNY GONZALES

HEADLINE: “People centric Gonzales Touts Personal Relationships.”

https://www.abqjournal.com/2435589/people-centric-gonzales-touts-personal-relationships.html

Q&A mayoral candidate Manuel Gonzales III, by the candidate

https://www.abqjournal.com/2433186/qa-mayoral-candidate-manuel-gonzales-iii.html

RADIO TALK SHOE HOST EDDY ARAGON

HEADLINE: “Conservative radio show host takes on Dems”

https://www.abqjournal.com/2433188/radio-show-host-wants-to-be-city-manager.html

“Q&A mayoral candidate Edward Joseph Aragon Jr.” by the candidate

https://www.abqjournal.com/2433178/qa-mayoral-candidate-edward-joseph-aragon-jr.html

DINELLI BLOG ARTICLES WITH LINKS

OCTOBER 19

HEADLINE: “ABQ Journal Endorses Mayor Keller Not Because He Has Done Great Job, But Because Opponents Not Qualified; Fact Checking The Endorsement”

https://www.petedinelli.com/2021/10/19/abq-journal-endorses-mayor-keller-not-because-he-has-done-great-job-but-because-opponents-not-qualified-fact-checking-the-endorsement/

Tuesday, October 26:

HEADLINE: ABQ Mayor Candidates Outline Positions On Homeless; “Crisis” Not An “Epidemic”; Arresting And Jailing No Solution; The Law And The Homeless

https://www.petedinelli.com/2021/10/26/abq-mayor-candidates-outline-positions-on-homeless-crisis-not-an-epidemic-arresting-and-jailing-no-solution-the-law-and-the-homeless/

MONDAY, OCTOBER 11:

HEADLINE: “Mayor Candidate Eddy Aragon Reveals He Is “QAnon” Conspiracy Candidate; Aragon In His Own Words; Does Aragon Think 2020 Election Stolen From Trump? Analysis And Commentary”

https://www.petedinelli.com/2021/10/11/mayor-candidate-eddy-aragon-reveals-he-is-qanon-conspiracy-candidate-aragon-in-his-own-words-does-aragon-think-2020-election-stolen-from-trump-analysis-and-commentary/

TUESDAY, OCTOBER 12

HEADLINE: “Law Enforcement Relic Manny Gonzalez Talks Crime; An Analysis Of The Gonzales Record As Sheriff; He Will Do For The City What He Has Done For The County: Not Much”

https://www.petedinelli.com/2021/10/12/law-enforcement-relic-manny-gonzalez-talks-crime-an-analysis-of-the-gonzales-record-as-sheriff-he-will-do-for-the-city-what-he-has-done-for-the-county-not-much/

Wednesday, October 13:

HEADLINE: “Keller Lives In “Fantasyland” Looking For “Unicorns” To Combat Violent Crime; Keller In His Own Words; Examination Of Keller’s Record On Crime”

https://www.petedinelli.com/2021/10/13/keller-lives-in-fantasyland-looking-for-unicorns-to-combat-violent-crime-keller-in-his-own-words-examination-of-kellers-record-on-crime/
Thursday October 14:

HEADLINE: “MFC’s And Mayor Candidates File 7th Campaign Finance Reports; Sheriff Manny Gonzales Raises Over $330,000 In 3 Weeks; ACLU Raises $100,000 To Oppose Gonzales And Aragon”

https://www.petedinelli.com/2021/10/14/mfcs-and-mayor-candidates-file-7th-campaign-finance-reports-sheriff-manny-gonzales-raises-over-330000-in-3-weeks-aclu-raises-100000-to-oppose-gonzales-and-aragon/

August 26, 2021

HEADLINE: “Der Führer Trump Radio Shock Jock Eddy Aragon Formally Declares Running For Mayor; Let’s jail grandma to reduce the homeless! And Other Crazy; A Choice Between The Lesser Of 2 Evils And 1 Crazy Trumpster Is No Choice At All”

https://www.petedinelli.com/2021/08/26/der-fuhrer-trump-radio-shock-jock-eddy-aragon-formally-declares-running-for-mayor-lets-jail-grandma-to-reduce-the-homeless-and-other-crazy-a-choice-between-the-lesser-of-2-evils-and-1-c/

August 20, 2021

HEADLINE: Der Führer Trump’s Favorite Democrat Sherriff Manny Gonzales Runs For Mayor; A DINO And Law Enforcement Dinosaur

https://www.petedinelli.com/2021/04/20/fuhrer-trumps-favorite-democratic-sherriff-manny-gonzales-runs-for-mayor-a-dino-and-law-enforcement-dinosaur/

January 11, 2021

HEADLINE: “Mayor Tim Keller’s Record Of Broken Promises, Failures And High Murder Rates As He Seeks A Second Term”

https://www.petedinelli.com/2021/01/11/mayor-tim-kellers-record-of-broken-promises-failures-and-high-murder-rates-as-he-seeks-a-second-term/

The November 2 election for Mayor is fast approaching. The result is a daily barrage of television commercials from both incumbent Mayor Tim Keller and his Chief rival Sheriff Manny Gonzales.

Keller has the distinct upper hand in the amount of money his campaign can spend to produce commercials that are slick and impressive. One ad claim in particular is also very misleading. The Keller claim in particular that is misleading is where the ad boldly proclaims that Keller has hired 400 sworn police over the last 4 years. The claim of hiring 400 may be true, but it is also extremely misleading bordering on making the ad simply being false.

A FAILURE TO DISCLOSE

What Mayor Keller does not disclose is that 80% of the 400 hires have been offset by resignations, retirements and terminations. If the Keller Administration in fact has hired 100 new officers a year over 4 years as claimed, you add the new 400 sworn police to the 861 sworn when Keller became Mayor to arrive at a 1,261 total number. You then subtract the most current identified number of 940 sworn police from the 1,261 total which means APD has lost 321 sworn police officers over 4 years. In other words, 80% of the 400 hires over the last 4 years have been offset by loses due to retirements, transfers or terminations and now need to be replaced.

APD STAFFING THEN AND NOW

When then New Mexico State Auditor Tim Keller ran for Mayor, he ran in part on the platform of increasing the size of the Albuquerque Police Department (APD) to 1,200 police and returning to “community-based policing” by the end of his first term. When Mayor Tim Keller assumed office on December 1, 2017, there were 861 full time sworn police according to the 2017-2018 city budget figures and payroll records at the time.

During the 2017 campaign, Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term, pledging to hire 100 new police officers a year. To keep his campaign promises on APD, Mayor Keller order his Administration to begin implementing an $88 million-dollar police expansion program. The announced goal was to increase the number of sworn police officers from 861 positions filled to 1,200, or by 339 sworn police officers, over a 4-year period.

Fast forward to August, 2021 and after the 2021-2022 APD budget was approved. APD is the largest budget department in the city. APD’s approved general fund operating 2022 budget is upwards of $222 million. The 2022 approved APD operating budget has funding for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions. It also includes funding for new positions, including 11 investigators to support internal affairs and the department’s reform obligations under the Federal Court Approved Settlement Agreement, and two communications staffers.

Notwithstanding the approved funding for 1,100 sworn police the number of police officers patrolling the street of Albuquerque is dangerously low. However, according to an August 2 KOAT news report only 369 are actually patrolling the streets of the city. The 369 filed service officers are divided into 6 area commands and 3 separate shifts. According to the August 2 KOAT TV news report, APD patrol staffing is as follows:

369 patrol officers, for six area commands and 3 shifts
59 patrol sergeants
18 lieutenants
18 – 22 bike officers

https://www.koat.com/article/400-apd-patrol-cops-albuquerque-police-department/37203121

The shortage of sworn police and new recruits has resulted in APD announcing on October 27 it is doubling the sign on bonuses for new police cadets from $5,000 to $10,000. It was in August, APD announced lateral officers who transfer to APD from other departments will be paid $15,000 in total bonuses. New lateral hired officers receive $5,000 when they’re hired, $5,000 when they complete their fourth week in the academy, and the rest after a one-year probationary period.

The link to quoted source material is here:

https://www.abqjournal.com/2441302/city-sets-10k-signing-bonus-for-police-cadets.html

LEAVING IN DROVES

APD continues to lose officers at an alarming rate. According to a recent published report, APD sworn police are leaving APD in droves and either moving on to other departments or just simply retiring. The total number of APD full time sworn police officers dwindled from 998 at the end of March of 2021 to 940 as of July 24, 2021 with the department losing 58 officers in a 4-month span. As of October 27, 2021, APD has 945 sworn police according to APD spokesperson Rebecca Atkins.

In June, APD announced the list for police uniform officer’s bids for shifts. These are the field officers who are dispatched by 911 and who respond to calls for service and who also patrol the streets of Albuquerque. It is field officers that are the backbone of APD and who patrol the city streets, 7 days a week and assigned to the 6 area commands in 3 shifts. On the date the first bid list was produced, APD had a disappointing 376 officers who made bids. Since June the number reduced to 363 officers, a reduction of 13 officers in just a month.

The link to the report is here:

https://www.abqreport.com/single-post/apd-officer-shortage-worsens

COMMENTARY AND ANALYSIS

Under the law, a failure to disclose is considered a lie or fraud. Throughout his entire 4 years as Mayor, Tim Keller has proclaimed his administration is fully committed to transparency and accountability. Ostensibly, Mayor Keller does not believe that transparency must include facts that discredits your claims. Mayor Keller is nowhere near the 1,200 sworn police he promised and his commercial proclaiming he has hired 400 sworn police is misleading to make people believe he is doing a good job in keeping his promise of increasing the size of APD to the point of making it false.

The Albuquerque Journal commissioned a poll by its long time pollster Research and Polling. The poll was conducted from October 15 through October 21. The Albuquerque Journal has used Research and Polling for decades as its exclusive pollster. Research and Polling has the reputation as the most respected, most accurate and most reliable polling company in the state with Brian Sanderoff as the chief principal.

The Albuquerque Journal published two separate articles, one on the stadium and one on the voter’s views on the economy. The headlines and links to the articles are here:

“City voters take dim view on economy” by Jessica Dyer / Journal staff writer

https://www.abqjournal.com/2440711/city-voters-take-dim-view-on-economy.html

“Journal Poll: Most city voters oppose stadium bond measure” by Jessica Dyer / Journal staff writer

https://www.abqjournal.com/2440372/most-city-voters-oppose-stadium-bond-measure.html

This blog article highlights the poll results on the two issues quoting the most relevant portion of the articles followed by blog article Commentary and Analysis.

“CITY VOTERS TAKE DIM VIEW ON ECONOMY”

The poll asked the following 2 questions on the economy:

1. Would you say you are financially better off, worse off, or about the same before the start of the COVID-19 pandemic?

The responses to this question were:

16% responded BETTER OFF
18% responded WORSE OFF
66% responded ABOUT THE SAME
1% responded DON’T KNOW

2. How would you rate the strength of Albuquerque’s economy [excellent, good, fair, poor, don’t know]?

2% responded EXCELLENT
25% responded GOOD
50% responded FAIR
21% responded POOR
2% responded DON’T KNOW

Quoting portions of the Journal article highlighting the poll results:

“… 25% of respondents rated the strength of Albuquerque’s economy as “good,” while just 2% rated it as “excellent.”

“… 71% of respondents rated the economy as either “fair” or “poor.”

“… Most … respondents [50% overall] rate the economy as fair rather than the lowest option. A similar poll from 2017 found that 35% of respondents rated the economy as “poor” with another 47% rating it “fair.”

…

“Just 27% of likely Albuquerque voters take a positive view of the city’s economy, even though many say their personal finances haven’t changed much since the COVID-19 pandemic reached New Mexico … . more than a year and a half ago.”

“Asked if they were financially better off, worse off or about the same as before the pandemic, 66% of respondents said their financial situation is about the same.”

“16% of respondents said they were better off financially than before the pandemic [and] 18% said they were worse off.”

“Among respondents without a high school diploma, nearly twice as many said they were worse off (27%) as said they were better off (14%).”

“The view of the city’s economy showed a strong partisan divide, with 34% of Republicans rating the economy as poor, compared to 12% of Democrats… “

Accord to Research and Polling executive Brian Sanderoff the economic progress of the city often correlates with which party occupies the highest office and he had this to say:

“If we had a Republican mayor, I think we’d see more Republicans being complimentary of the overall direction of the economy. ”

“Asked what they believe is the biggest issue facing residents in the Albuquerque Metro area today, just 3% of respondents cited the weak economy putting it behind crime, homelessness, poor education, COVID-19 and the proposed soccer stadium on the list of responses.”

The link to the quoted source material is here:

https://www.abqjournal.com/2440711/city-voters-take-dim-view-on-economy.html

ANALYSIS AND COMMENTARY

A combined 71% of respondents rating the economy as either “fair” or “poor” should come as absolutely no surprise to anyone given the city’s high unemployment rate and a lack of any real economic development. The city for decades has faced significant challenges due to a lack of economic diversification and the COVID-19 pandemic made things even worse with its impact on the city’s tourism and service industries.

According to the United States Bureau of Labor statistics, Albuquerque’s unemployment rate was 7.2% in April, 2021 and increased to 7.4% in July, 2021.

https://www.bls.gov/eag/eag.nm_albuquerque_msa.htm

The city’s unemployment rate is worse than the state’s and far worse than the country’s. On October 22, 2021, the New Mexico Department of workforce Solutions reported:

“New Mexico’s seasonally adjusted unemployment rate was 6.9 percent in September, down from 7.2 percent in August and down from 8.6 percent in the previous year. The national unemployment rate in September was 4.8 percent, down from 5.2 percent in August and down from 7.8 percent in September 2020.”

https://www.jobs.state.nm.us/vosnet/gsipub/documentView.aspx?enc=JdKtFhuODzQ+aO5C6MuCGQ==

ALBUQUERQUE’S PATH FORWARD

The major obstacles to economic development in Albquerquerqu are well known to anyone who has lived, worked and done business for any length of time in the city. Those obstacles are high crime rates, poverty, ever increasing homelessness, ineffective or substandard education system and workforce preparation, and a lack of national and major publicly traded companies all make the list.

Albuquerque Economic Development (AED) is a private, nonprofit organization whose mission is to recruit new employers and industry and help local companies grow to generate quality job opportunities for the Albuquerque metro area. On Tuesday, June 29, AED announced what it touted as its “first-of-its-kind five-year strategic plan” to stimulate job creation, to work to overcome some of the city’s most chronic problems and to boost the city’s brand nationally. The AED’s vision under the strategic is idealistic as idealistic as it gets and yet straight forward.

AED’s specific five-year goal is for Albuquerque to rank in the top 25% of midsized markets in the U.S. for job growth. That in and of itself will be a steep climb for the city which saw a pathetic 0.7% job growth in the past five years which placed the city in the bottom 25% for cities with a population of between 500,000 and 1 million people.
AED’s plan identifies six major industries that have momentum now that will help with economic development:

Aerospace
Biosciences
Renewable energy
Digital media and film
Corporate and professional services
Manufacturing

FILM & TELEVISION

AED’s plan identifying “digital media and film” as an industry having momentum cannot be overemphasized. Over the last 20 years, the film and television industry has steadily grown and been one of the few bright spots for the city, especially during the great recession, when it comes to economic development and diversifying the city’s economy which is too dependent on government spending and job creation.

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

On October 8, 2018, it was announced that Netflix was buying Albuquerque Studios. The State contributed $10 million of Local Economic Development Act funds. The City of Albuquerque contributed another $4.5 million of Local Economic Development Funds. Albuquerque beat out other places such as Denver, Salt Lake City, Austin, New York, Georgia and Los Angeles. The Albuquerque site will be Netflix’s first hub purchased in the United States. Albuquerque Studios is an enormous complex that includes 9 sound stages, a backlot and management offices. New Mexico’s other 4 production studios are I-25 Studios, Garson Studios, Santa Fe Studios and Las Cruces Studios as other productions seek studio space for their projects.

On July 22, 2019, NBC Universal announce it would open a studio in Albuquerque as part of a 10-year venture. The media giant took over and renovated and created sound stages at a vacant industrial building south of I-40 on Commercial Street, north of downtown in the vicinity of historic Martinez town. The media giant is expected to provide more than 330 full-time jobs year-round at the film studio.

NBC Universal employees earn about $58,000 a year which is a far cry from the minimum wage jobs the city is use to announcing with the arrival of new businesses. The studio operation is projected to generate an economic impact of $1.1 billion over a 10-year period.

AEROSPACE

AED’s plan identifying “aerospace” as an industry having momentum also cannot be overemphasized.

On Thursday, November 12, 2020, the City of Albuquerque Environmental Planning Commission approved the new site plan for the “Orion Center.” It is an aerospace and technology facility that will be built on the 122-acre plot of land located between Kirtland Air Force Base and Albuquerque International Sunport. “Group Orion”, the developer, is a subsidiary of Theia Group Inc., a Washington D.C. based, privately held aerospace company. The Theia Group is attempting to develop a network of satellites to digitally image and collect data on the physical world, providing solutions in areas from logistics to biology.

The mass area acreage was originally where the North-South airport runway was located. The land has now been designated for industrial development by the city. In 2017 after the runway was removed, the City named the acreage as the “Aviation Center for Excellence”. The city began to offer the vacant land area for commercial and office developers . According to Nyika Allen, Albuquerque’s Director of Aviation, the city began working with “Group Orion” in late 2018.

During the November 12th press conference announcing the development, Albuquerque Economic Development Director Synthia Jaramillo said the Orion Project represents a real opportunity to attract development from the commercial space industry. According to Jaramillo:

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

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

James Reid Gorman, Vice President of Administration for Theia, said Albuquerque was appealing to the company because of its “pipeline of engineering talent” from the University of New Mexico Engineering College. One goal is for the company to partner with all New Mexico universities to attract graduates and he said “It’s going to be a big part of our strategy in recruiting.”
Links to news coverage sources are here:

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

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

A link to a related blog article is here:

https://www.petedinelli.com/2021/09/01/industries-that-can-diversify-new-mexicos-economy-aed-announces-five-year-strategic-plan-state-and-city-economic-development-identify-industries-to-diversify-economy-now-need-to-get-job/

“MOST CITY VOTERS OPPOSE STADIUM BOND MEASURE”

On the Nov. 2 ballot is a bond proposal that asks city voters if they support or oppose using $50 million in bonds to buy property and build a new multipurpose stadium. The ballot question itself contains defective language about the nature of the city’s $50 million stadium bond proposal.

DEFECTIVE BALLOT QUESTION

General Obligation Bonds (GO bonds) require voter approval. GO bond debt is paid off with property taxes. The November 2 ballot features 11 city GO bond questions totaling $140 million and voters have an extensive history of passing GO Bonds.

Gross Receipts Tax (GRT bonds) is where the debt incurred to finance construction is paid for by use of the city’s tax revenues to pay the debt. GRT bonds do not require voter approval and can be passed by the city council with a super majority of 7 out of 9 votes.

The ballot question on the stadium describes the project financing as “gross receipts tax revenue bonds” (GRT Bonds) which is accurate. If the measure passes the city will use a portion of its gross receipts tax on the sale of goods and services to make annual payments of $3 million to pay off the $50 million debt barrowed to build the stadium.

The ballot wording changes where voters actually mark their ballots. Voters have the choice between filling in an oval that says they are “for general obligation bonds” or an oval indicating they are “against general obligation bonds.”

The City Attorney has taken the position that the ballot question is “advisory only” and the wording conflict will not render passage, if it happens, void. Mayor Keller has said if the vote fails, he will abandon the project and not build the stadium.

City Attorney Esteban Aguilar Jr. explained it this way:

“The question on the ballot as written does not pose a legal issue because it will advise the City regarding the voter’s perspective on whether the City should issue bonds to build a multi-use stadium.”

The link to quoted source material is here:

https://www.abqjournal.com/2439116/abq-stadium-bond-question-is-botched.html

If passed, the city will use gross receipts tax revenues to pay off the debt, estimated at $3 million annually for 25 years. In and agreement with the city, New Mexico United professional soccer team will lease the stadium from the city and be its primary tenant. The Soccer team has pledged to pay $10 million upfront to help build the stadium and $900,000 annually to use it.

ABQ JOURNAL POLL HIGHLIGHTS

The highlights of the Journal poll article are as follows:

“Only 37% of Albuquerque voters say they support the city’s proposed $50 million bond to help build a multiuse soccer stadium, according to a new Journal Poll. That compares with 55% who oppose the plan – most of whom describe their disapproval as strong.

Only a fraction (3%) say that it depends or that they are undecided (4%).

… Voters say the city should look somewhere other than Downtown if it goes through with the project.

The poll of likely city voters found little variation in stadium bond support based on gender and only some distinctions based on age and ethnicity.

… Ages 35-49 expressed more support than those both younger and older, but even among that age group, fewer than half (48%) favor the bond. More Hispanic voters (42%) than Anglo voters (35%) like the stadium bond.

“The clearest distinctions are tied to political affiliation. … ”

“Democrats are fairly evenly split on the bond measure, with 46% in support and 45% opposed.”

“… Among Republicans, … only 22% support it, compared with 71% who oppose it.”

“36% of independents voiced support … compared with 55% who are against the bond.”

“Even voters who say they are casting ballots to reelect Mayor Tim Keller – who first announced the bond proposal during a pep rally-style speech at a New Mexico United soccer tailgate – do not show strong support for the bond. Only 49% of Keller’s voters say they support it, compared with 42% who say they are against it.”

“Brian Sanderoff, president of Albuquerque-based Research & Polling Inc., said conservative opposition to the bond is expected. But the proposal’s lukewarm reception among people on the left is more unusual in what he called a “blue-leaning city” where such issues normally pass.”

“Journal Poll: Most city voters oppose stadium bond measure” by Jessica Dyer / Journal staff writer

https://www.abqjournal.com/2440372/most-city-voters-oppose-stadium-bond-measure.html

COMMENTARY AND ANALYSIS

During the 2020 and 2021 legislative sessions, the New Mexico legislature earmarked $9 million for the project including $4 million from Governor Michelle Lujan Grisham during the 2021 legislative session. The cost of the $400,000 analysis was paid for by state money allocated in the 2020 session. Technically, such bonds do not require voter approval but Mayor Tim Keller has said he would not pursue the stadium if the bond fails. Between the bond issue, if approved, the state funding already committed, there should be enough to construct the stadium.

It’s very disappointing that opposition emerged to the stadium with people arguing that the millions to pay off the bond could instead be used to combat homelessness or crime and that the city has so many other pressing issues that come before a stadium. For decades, such arguments have been made to stop major quality of life facilities and projects. The best example is when voters said no to a performing art center in the late 1980’s.

For the last 50 years, City Hall and virtually all Albuquerque Mayors have been fascinated and enamored with trying to revitalize the Downtown Central area. All Mayors wanted to bring back Downtown Central of its heyday of the 1950’s and 1960’s where it was the center of commercial, business and retail and entertainment activity. The new multipurpose stadium is one major project that has the most potential to finally change and encourage development of the downtown area.

The city is already spending as much as $25 to $30 million a year to help the homeless with services, voucher programs, and grants to service providers to the homeless. The city has purchased the old Loveless Hospital on Gibson for $15 Million for the new Gateway homeless shelter. Further, the county enacted the behavioral health tax that raises $20 Million a year for mental health care facilities and programs that also help the homeless.

As far as crime and police are concerned, the Albuquerque Police Department is the largest city budget having a $227 Million dollar a year budget. APD’s budget continues to increase year after year. Its not an issue of not having the resources to fight crime, but an issue of a poorly managed police department with at least 150 vacancies in sworn police.

The New Mexico United has “skin in the game” when it comes to the City of Albuquerque investing $50 million in building an outdoor sports complex. The $10 million contribution by United New Mexico and the lease is enough for the public to seriously consider it.

Albuquerque cannot be just a cop on every corner, a fire truck on every street, a jail or homeless shelter in every city quadrant, a garbage dumpster at every turn, streets without potholes and buses like ART that no one uses. Any truly great city must include facilities that enhance the quality of life of its citizens, such as libraries, zoos, museums, aquariums, the ABQ Biopark and athletic facilities like Isotopes Park and yes a soccer stadium.

Should the measure fail at the ballot, which appears likely, the city and the state should explore funding the multipurpose stadium with a joint venture.

The City of Albuquerque municipal election is scheduled for Tuesday, November 2. On the ballot for the office for Mayor are incumbent Democrat Mayor Tim Keller, Democrat Sheriff Manny Gonzales and Republican Trump Talk Show Host Eddy Aragon. A major issue emerging in the Mayor’s race is how they will deal with the city’s ever increasing homeless crisis. Mayor Keller has a 4 year record on the issue, while Sheriff Manny Gonzales pledges to do all he can to end homelessness and Eddy Aragon has a number of competing suggestions and potions.

This blog article outlines the candidates’ positions on what they will do if elected Mayor, discusses the nature of the homeless crisis in the city, what the city has been doing for the last 4 years.

CANDIDATES IN THEIR OWN WORDS

All 3 candidates for Mayor have outlined 3 very different views on how to deal with the City’s homeless crisis.

MAYOR TIM KELLER

Mayor Tim Keller has said if he is elected to a second term, he will continue with his commitment to the “multifaceted approach” he adopted after abandoning the one centralized location. In addition to acquiring the Lovelace Hospital Gibson facility and making into a “Gateway Homeless Shelter”, the Keller Administration has done the following:

1. Created a city division focused on the homelessness
2. Expanded operations at the Westside Emergency Housing Center from just a winter facility to a year around facility operating 24/7.
3. Boosted rental voucher funding for the homeless to help get them off the streets into temporary housing and help them move toward stability.

According to the Family and Community Services Department, the city spent more than $20 million in the 2020-2021 fiscal year on shelter, housing programs and other services for people experiencing homelessness. Notwithstanding all the efforts made during the last 4 years under Mayor Keller, the number of homeless in Albuquerque continues to increase.

Keller claims the worsening homeless crisis in Albuquerque is partly because homelessness, just like violent crime, is “exploding” around the country. Responding to the arguments made by Sheriff Gonzales and Eddy Aragon 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 comes to government sanction and operated outdoor, public place encampments, Keller said he’s 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:

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

SHERIFF MANNY GONZALES

Mayor Gonzales has said that addressing the city’s homeless crisis will be a top priority of his once he becomes Mayor. The Gonzales for Mayor campaign in his first TV ad says:

“Now Manny Gonzalez is running for Mayor with a plan to turn our city around and starts with fighting crime and ending the homeless epidemic.”

Use of the word “epidemic” by Gonzales is very unfortunate and very callous to the plight of the homeless. An “epidemic” is the rapid spread of an infectious disease to a large number of people in a given population within a short period of time. Being homeless is not an “infectious disease”. The homeless are human beings not a disease to be cured but a crisis that needs to be dealt with and solved.

Not at all surprising, Sheriff Gonzales’ plan to end the homeless crisis has a strong law enforcement component. Gonzales takes the position that if the homeless are violating “public order”, such as disorderly conduct laws and public nuisance laws by doing things such as sleeping in parks after hours and have refused to use existing services like shelters, arrests are warranted. Gonzales views arrests as a way to protect both the general public and the homeless population . Gonzales says:

“[Arrests are warranted if] they’re having sex [in the parks] in the middle of God and everybody there in the public. They’re defecating … on businesses. … Then there has to be a point where you have to enforce the law of indecent exposure and those type of things. … What you’re trying to do is get people off the streets, because it’s already unhealthy for them.”

Sheriff Gonzales opposes the new “Gateway Homeless Shelter” saying he thinks it’s unnecessary. Gonzales challenge whether the city-hired consultants understood the homeless population who found in 2019 that Albuquerque needed 463-518 new shelter beds to meet demand. Gonzales believes there are people who choose to live on the streets and people on the streets need to be “screened” by professionals and directed to the right resources. Gonzales had this to say:

“You have to diagnose what these people are suffering from before you make decisions for them. And you also have to understand that a majority of these people aren’t homeless, they’re choosing to live in the street because they’re addicted to drugs.”

Sherriff Gonzales objects to the idea of government sanctioned encampments believing it will make the homeless crisis worse and encourages the lifestyle.

RADIO TALK SHOW HOST EDDY ARGON

On August 24, Eddy Aragon held a press conference and officially announced he was running for Mayor. In his press conference announcement, Aragon questioned the “wisdom” of opening the Gateway Center homeless shelter at the former Lovelace Hospital complex on Gibson and purchased by the city. He also questioned the city’s investment in other government homeless services.

In his announcement, Aragon went out of his way to note that his grandmother experienced homelessness ostensibly as a showing he understands the homeless crisis but nonetheless said:

“I think the solutions that we’ve proposed thus far have not reduced the level of homelessness.”

Aragon to said he wants to “recriminalize” homelessness so that the city’s approach includes “penalties in addition to helping” people who live on the streets.

Aragon agrees with Sheriff Gonzales that arrests and jail need to be part of the solution to the homeless crisis. Aragon contends the city has been “coddling” the homeless population and he had this to say:

“We have too many homeless on the streets. It isn’t policed. It isn’t working, and the homeless feel like they can just stay or go or do whatever they like at any time.”

Aragon claims he favors an individualized approach. The individualized approach would include offering transportation to shelters and treatment centers and even a “tickets out of town”. Aragon believes jail should be an option when there’s “no other remedy.” He advocates arresting the homeless for panhandling and camping.

Eddy Aragon is opposed to the Gateway Homeless Shelter being located at the Lovelace Gibson location and believes it could encourage long-term homelessness. He also thinks the location of a homeless shelter there will be detrimental to the area near Kirtland Air Force Base and the planned Orion Center and had this to say:

“There’s a lot of good things that are happening up here, and I don’t think that bodes well, overall, to have the homeless facility.”

Aragon does not object to city sanctioned homeless encampments. Aragon sees government sanctioned encampments as a way to better keep track of people and guide them into programs and services they need to get them off the streets. Aragon put it this way:

“We can use it as a temporary measure where we establish connection with them, give them 30 days, we can figure out where we can transport them, if we can get them back home. If there’s something that’s broken there, we can figure out something else we can do.”

THE CITY’S HOMELESS CRISIS

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country.

The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

2021 POINT-IN-TIME (PIT) REPORT

On June 22, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless. This year, the survey asked where people stayed the night of January 25.

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” situations. 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

ACTUAL NUMBER OF HOMELESS MUCH BIGGER

Government agencies and nonprofits report that the city’s homeless numbers are greater than those found in the PIT reports and that the number of homeless in Albuquerque approaches 4,500 to 5,000 in any given year.

The nonprofit Rock At Noon Day offers meals and other services to the homeless. Noon Day Executive Director Danny Whatley reported that there are 4,000 to 4,500 homeless people in the Albuquerque area. What is alarming is that according to Whatley, the fastest-growing segments are senior citizens and millennials (ages 23 to 38 in 2019).

Albuquerque Public Schools (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students. APS spokeswoman Monica Armenta stated the number of homeless children enrolled in district schools, meaning kids from families that have no permanent address, has consistently ranged from 3,200 to 3,500. APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. The APS school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

The centralized citywide system known as the Coordinated Entry System that the city uses to track the homeless and fill supportive housing openings reports that approximately 5,000 households experienced homelessness last year.

APPROVED FUNDING FOR CITY SERVICES AND 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 has a total budget of $54,868,986 and has 313 full time employees. According to the 2021-2022 fiscal year approved city budget for the Department of Community Services, the city is spending upwards of $35,145,851 a year 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

EVOLUTION OF SHELTERING THE HOMELESS

During his 2017 campaign for Mayor and since the day he was sworn in on December 1, 2017, Mayor Tim Keller has made it a priority to address the city’s every increasing homeless population and crisis. Initially, Keller made it a top priority to build a 300-person, 24-7 centralized homeless shelter to replace the existing West Side Emergency Housing Center, the former jail on the far West Side. In 2019, voters approved $14 million in general obligation bonds for a city operated homeless shelter.

Three preferred sites quickly emerged for the centralized emergency shelter:

1. University of New Mexico property near Lomas and Interstate 25
2. The old Lovelace hospital facility on Gibson
3. The Wells Park area near Second and Interstate 40

Strong and organized opposition emerged for a 300-bed centralized facility for all 3 locations. The University of New Mexico Hospital employees, UNM faculty and students made it clear they did not want its land north of Lomas Boulevard to be used for the shelter and the UNM regents agreed. Neighborhood Associations and businesses in the vicinity around Wells Park were particularly vocal given the high number of homeless that congregate daily at Wells Park. Criticism for all 3 locations included that a 300 bed centralized facility would negatively impact the surrounding neighborhood and businesses.

On Wednesday, May 7, 2020, Mayor Keller announced that the city was abandoning the development concept of a single, 300-bed homeless shelter and that the city would be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”.

The city officials said the new multi-site approach could mean a series of “smaller facilities” throughout the community. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center. City Family and Community Services Director Carol Pierce offered insight into what the city means when it refers to small shelters and had this to say:

“We’re often talking 100 to 150 beds of emergency shelter that could be defined as a smaller shelter.”

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.

The zoning for the Gibson Medical Center facility allows for an “overnight shelter” but only as a “conditional use” that must be applied for by the city. The city is now applying for the conditional use arguing there is a strong need for it to enhance Albuquerque’s demand for homeless services to an ever-expanding homeless population. The city has prepared an operations plan for the Gibson site and is proposing that it accommodate 100 individuals and 25 families at the Gibson Gateway homeless shelter. A zoning hearing was held on September 21, 2021 and the decision has yet to be announced.

ENCAMPMENTS, PANDHANDLING AND THE HOMELESS

Simply put, it is not illegal to be homeless, the homeless have constitutional rights like all citizens in this country, and that includes camping outdoors and even panhandling.

“[The Federal] Courts have found that depriving homeless people of the rights to perform survival activities in public spaces when no alternatives are available violates the 1st, 4th, 5th, 8th, and 14th Amendments to the Constitution. In Martin v. City of Boise, the court held that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property.” Some legal challenges have resulted in settlements, which generally call for minimum notice before clearance of encampments, requirements for storage of personal belongings, and compensation for people who are swept from encampments and attorney fees.”

https://www.huduser.gov/portal/sites/default/files/pdf/Understanding-Encampments.pdf

It was in November, 2017 that the city council enacted the “Pedestrian Safety Ordinance”. The intent of the ordinance was to eliminate or restrict panhandling on the streets of Albuquerque. The ordinance was sponsored by Republican City Councilor Trudy Jones, a former real estate agent who lives in an affluent area of the city who argued that the homeless were bringing her constituent’s property values down.

The Pedestrian Safety Ordinance essentially made acts of charity by private citizens a crime. The language of the ordinance prohibited anyone from standing inside travel lanes, along interstate ramps on medians and prohibits “any physical altercation or exchange” between “pedestrians and occupants of vehicles in traffic lanes.” It was a prohibition not only against individual panhandlers but prevented drivers of vehicles in traffic from giving anything to panhandlers.

Despite repeated warnings by the American Civil Liberties Union (ACLU) that the ordinance was a violation of constitutional rights, the council enacted the ordinance. Once enacted, the ACLU sued the city and the ordinance was quickly declared unconstitutional and stricken down.

https://www.petedinelli.com/2019/10/16/wasting-money-appealing-panhandler-court-ruling-apd-tactical-plan-needed/

CITATIONS VERUS ARRESTS

It is the policy of the Albuquerque Police Department(APD) to issue citations, rather than make arrests, for most nonviolent misdemeanors due to what is referred to as “McClendon Lawsuit” that was settled by a federal judge. That lawsuit, filed against the city and Bernalillo County by an inmate arrested for a non-violent misdemeanor, primarily focused on the conditions within the county lockup. At the time the lawsuit was filed, the then Bernalillo County detention center had a maximum capacity of 800, but the jail was repeatedly overcrowded with as much as twice that capacity. The misdemeanor offenses affected by the special order include many misdemeanor violations involving the homeless such as criminal trespass, criminal damage to property, vagrancy, loitering, disorderly conduct, and camping on public property, all misdemeanors. The policy remains in place to this day.

It was on May 10, 2018 that Special Order 17-53 was then made SOP 2-80 that deals with arrests on misdemeanor cases. The memo provides that officers may make an arrest if it is necessary, but will have to include the reasons why in an incident report. The special-order states that officers have the opportunity to take offenders wanted for non-violent misdemeanor offenses to Metropolitan Court to resolve warrants or fines instead of hauling them off to jail. However, the arrested individual must have the full amount of the fine or bond in cash. Those arrested also cannot go through a bonding agency.

SANCTIONED HOMELESS ENCAMPMENTS

Homeless encampments refer to two or more people experiencing homelessness who are living outside, rather than in an emergency shelter. Most homeless encampments are prohibited by local ordinances that do not allow camping and sleeping in public places and zoning laws that bar camping and accessory dwellings. Both the city and the county have policies in place that allow the dismantling encampments.

On May 5, 2021, it was reported that Albuquerque City Councilor Diane Gibson and Bernalillo County Commissioner Debbie O’Malley want the city and the county to establish “homeless encampments”. They argue the encampments would be a better alternative for those who might now be sleeping on sidewalks, in doorways, arroyos or other places unfit for human habitation. Such camps, also called “safe outdoor spaces” would be managed sites with tents or low-cost structures where people without homes can sleep and access bathrooms and showers. City and County law enforcement and code enforcement would not have any authority to cite or break up the camping on the designate areas.

O’Malley and Gibson said the homeless encampments could provide more than just tents. There are other options such as 64-square-foot aluminum structures designed specifically to house people who are homeless. The units have lockable doors and windows and are designed to accommodate electricity, heating and air conditioning. Prices start at $4,900 apiece.

https://www.petedinelli.com/2021/05/17/idea-of-a-tent-city-should-be-pitched-in-basket-sanctioned-encampments-will-invite-and-encourage-lifestyle-its-the-services-provided-and-needed-not-where-to-sleep/

COMMENTARY AND ANALYIS

What is very disappointing is the reliance on law enforcement, arrest and confinement by both Sheriff Manny Gonzales and Eddy Aragon to deal with the homeless. When Keller said “This is a good example of folks just not doing their homework”, he was being polite. Political bloggers do not have to be polite. Sheriff Manny Gonzales and Der Führer Trump Republican Eddy Aragon are hopelessly ignorant on the subject trying to pretend they understand the homeless crisis and pretend they have a solution and have nothing. Twice during debates, Aragon mentioned how his grandmother and another family member had been homeless at some point in their lives as if he understood the homeless crisis by some sort of “family osmosis” or perhaps DNA. Aragon is the same candidate for Mayor that said if elected, he could be considered as the first black mayor of Albuquerque because according to his DNA profile he is 4.5% African American which is twice the percentage of African Americans living in Albuquerque.

THE GREATNESS OF A CITY IS REFLECTED BY HOW IT TREATS ITS HOMELESS

The greatness of a city is reflected by the commitment it makes to help its homeless who suffer from mental illness. NIMBY stands for “Not in my backyard” relating to proposed projects opposed by homeowners, property owners and business owners, such as the Gateway Homeless shelter project, the tiny homes 35-unit transitional housing project and the 42-unit HopeWorks Project for mental health services and housing.

Albuquerque has between 1,500 and 2,000 chronic homeless, with approximately 80% suffering from mental illness. The city does provide extensive services to the homeless that include social services, mental or behavioral health care services, substance abuse treatment and prevention, winter shelter housing, rent assistance and affordable housing development, just to mention a few.

Charitable organizations such as Joy Junction, St. Martins HopeWorks project, Steelbridge, The Rock at Noon Day and Albuquerque Healthcare for the Homeless provide services to the homeless, and do so by being where the homeless can be found and where the homeless can seek out, reach and have easy access to services.

All too often, we tend to forget our humanity, our political philosophy and our religious faith and beliefs of hope and charity, and condemn the homeless for what we think they represent or who we think they are.

We condemn the homeless whenever they interfere with our lives at whatever level – such as pandering for money, begging for food, acting emotionally unstable, sleeping in doorways and defecating in public, and, yes, when we stand downwind from them and smell what living on the streets results in personal hygiene.

The sight of homeless camps, homeless squatters in parks and living under bridges usually generates disgust. People condemn the families of the mentally ill for not making sure their loved one has been institutionalized or is taking their medications. All too often, the families of the homeless mentally ill are totally incapable of caring for or dealing with their loved one’s conduct.

Calling law enforcement in Albuquerque to deal with the mentally ill has a history of ending tragically, as was the case with mentally ill homeless camper James Boyd who was shot and killed by the Albuquerque Police Department SWAT in the Sandia foothills.

We easily forget the homeless are human beings who usually have lost all hope, all respect for themselves and are imprisoned for life in their own minds, condemned to fight their demons every hour, minute and second of their life until the very day they die.

One thing that must never be forgotten is the homeless have human rights to live as they choose, not as anyone says they should live. The homeless cannot be forced to do anything against their free will or change their life unless they want to do it themselves.

The homeless should not and cannot be arrested and housed like criminals or animals. Many homeless do not want to be reintroduced into society, and many have committed no crimes and they want to simply be left alone. The homeless who suffer from mental illness cannot be forced or required to do anything for their own benefit without due process of law.

Too often, the homeless are the victims of crimes, even being bludgeoned to death for fun as Albuquerque saw a few years ago when three teenagers killed two Native Americans sleeping in a vacant lot on a discarded mattress.

We as a city have a moral obligation to make every effort and make available to the homeless services they desperately need. Both Gonzales and Aragon do not understand this fact.

https://www.abqjournal.com/1214429/we-must-help-our-homeless.html