BREAKING NEWS UPDATE: On Monday, August 23, The Food and Drug Administration (FDA) granted full approval to Pfizer and BioNTech’s Covid-19 vaccine making it the first in the United States to win the coveted designation and giving even more businesses, schools and universities greater confidence to adopt vaccine mandates. Up until now, the mRNA vaccine, which will be marketed as Comirnaty, was on the U.S. market under an Emergency Use Authorization that was granted by the FDA in December. Since then, more than 204 million of the Pfizer shots have been administered, according to data compiled by the Centers for Disease Control and Prevention.

https://www.cnbc.com/2021/08/23/fda-pfizer-biontech-covid-vaccine-wins-full-approval-clearing-path-to-mandates.html

It has been reported that large swaths of the South is experiencing a surge in Covid cases and hospitalizations because of the highly contagious corona virus delta variant. Some communities in the South are experiencing a rise in cases that have matched previous peaks from late December.

Alabama has the lowest vaccinated rate in the U.S., with just only 36% of its population fully inoculated. Alabama Republican Governor Kay Ivey has said “the unvaccinated folks” are to blame for Covid’s resurgence in the state. This coming from a Governor who initially opposed vaccinations and mask requirements.

IGNORANCE SPARES NO ONE FROM REDICULE, INCLUDING DER FÜHRER TRUMP

On Saturday, August 21, Der Führer and Former President Donald Trump was booed at a rally held in Alabama after telling supporters they should get vaccinated. He told the rally crowd who were largely maskless:

“And you know what? I believe totally in your freedoms. I do. You’ve got to do what you have to do. … But, I recommend: take the vaccines. I did it. It’s good. Take the vaccines.”

Upon hearing the boo’s Der Führer said:

“No, that’s okay. That’s all right. You got your freedoms. … But I happen to take the vaccine. If it doesn’t work, you’ll be the first to know. Okay? I’ll call up Alabama, I’ll say, hey, you know what? But [the vaccine] is working. But you do have your freedoms you have to keep. You have to maintain that.”

Links to news sources are here:

https://www.nbcnews.com/politics/donald-trump/trump-booed-alabama-rally-after-telling-supporters-get-vaccinated-n1277404

https://www.cnn.com/videos/politics/2021/08/22/trump-alabama-rally-vaccine-crowd-boos-sot-ip-vpx.cnn

THE CRAZY AND UNHINGED

The “crazy and unhinged” of anti-vaccine and anti-mask demonstrations are turning ugly and violent throughout the United States, including the State of New Mexico. Educators, medical professionals and elected officials are being severely ostracized over mask mandates, vaccine mandates and business restrictions. The “crazy” and unhinged has not spared New Mexico and has now infected New Mexico school systems, the courts and even churches.

NEW MEXICO SCHOOL BOARDS INFECTED BY THE “CRAZY”

The “crazy and unhinged” has infected many school districts in New Mexico. The Albuquerque Public School Board had to suspend a meeting when protesters disrupted a meeting over the board debating issuing mask mandates. Members of the public spoke to the Las Cruces school board for more than an hour, with most parents railing against the district’s masking policy. In Carlsbad, citizens and elected officials demanded that the school district fight for control from the Public Education Department and do away with mask and vaccine requirements. In Aztec and in Torrance County, county commissioners recently passed a resolution supporting local control and the authority of school boards to make decisions in the best interest of their students, staff and parents. The school board that represents the rural district in Floyd did just that and was suspended by the state New Mexico Public Education Department for not following the state public health orders.

In Las Cruces, Jenna Emerick, a mother of a 7-year-old, told the school board she had a hard time not crying while picking up her daughter from school, seeing her in a mask and she told the board:

“Forcing kids to wear masks causes stress in them. For our family, the stress was not worth the benefits.”

Emerick now home-schools her daughter which is a good thing.

The Carlsbad School Board held a meeting where a crowd demanded that the district fight for control of the school system from the State the New Mexico Department of Public Education. In response to the pressure, the school board passed a resolution asking the Public Education Department (PED) to recognize and enhance their authority. The resolution states:

“The NM PED may be restricting local school board management of local school districts in a ‘one-size-fits-all’ manner that may ultimately result in the elimination of school districts being managed locally and managed in a manner that reflects local community needs,”

The link to quoted news source material is here:

https://www.abqjournal.com/2421655/new-mexico-school-districts-debate-masks-local-control.html

NEW MEXICO COURTS INFECTED BY THE “CRAZY”

On Thursday, August 19, it was reported that the Lujan Grisham Administration and Health Secretary David Scrase issued a public health care order that requires vaccination for people working in “high-risk” settings, such as hospitals, nursing homes, hospice facilities and state prisons and state facilities.

On August 20, two women filed a federal lawsuit challenging COVID-19 vaccine requirements in the public health order issued by Health Secretary David Scrase.

One of the plaintiffs is Talisha Valdez, a Union County resident. She is the mother of two children who entered to show their animals at the State Fair and she was told her children could be barred from showing their animals at the fair due to a requirement that anyone who’s eligible must provide proof of vaccination before entering the fairgrounds.

The other plaintiff is Jennifer Blackford, a Bernalillo County resident who works as a nurse at Presbyterian Hospital in Albuquerque. Presbyterian Healthcare Services announced it will require COVID-19 vaccinations for its entire workforce totaling more than 13,000 people with a first dose required by August 27. The health order applies to doctors, nurses, pharmacists and others, but allows for exemptions on medical and religious grounds. Employees who refuse to get vaccinated face the possibility of losing their jobs.

The lawsuit described Lujan Grisham as a “tyrannical governor” and alleges that “vaccine mandates represent the most egregious attack on American liberty since the use of internment camps to hold citizens of Japanese ancestry during World War II”. Comparing a Governor’s legal public health orders the racism of World War II internments camps is about as far into the sewage septic tank any one can get. One argument being made is that the vaccine mandates violate both employees’ constitutional contract rights and their right to “bodily integrity”.

https://www.abqjournal.com/2421542/lawsuit-targets-expanded-nm-vaccine-mandates.html

Governor Michelle Lujan Grisham has been repeatedly vilified by the public for her health care orders to deal with the pandemic, especially by the Der Führer Republican Party to the point of being sued. The courts have dismissed the cases almost as quickly as they are filed. The dismissals are based upon state statues enacted that give the Governor wide ranging powers to deal with public health crisis. There are 2 major statutes that allow the public health care orders and which include both civil and criminal remedies for the government to enforce. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.” The postscript to this article provides a summary of both statutes.

CHURCHES BEING INFECTED BY THE “CRAZY”

On August 17, citing rising cases of COVID-19 fueled by the Delta variant, Governor Michelle Lujan Grisham announced masks will once again be required indoors as of Friday, August 20. The new requirement, outlined in a public health order from Acting Health Secretary Dr. David Scrase, remains in effect through September 15 and applies to anyone over the age of 2 except when eating or drinking, regardless of vaccination status.

https://www.sfreporter.com/news/2021/08/17/gov-lujan-grisham-reinstates-mask-mandate/

https://www.koat.com/article/new-mexico-new-covid-restrictions/37331092

August 21 an 22 was the first weekend that masks were again required indoors for everyone as a way to stop the spread of the Delta variant. The pastors of both Legacy and Citizen churches aggressively denounced the Governor’s updated public health order. Both churches posted their Sunday morning sermons on social media. The pastors said they won’t be enforcing the re-instated indoor mask mandate, regardless of a person’s vaccination status.

Dustin Woodward, the pastor at Citizen Church, had this to say:

“I, along with all of these other pastors, do not believe it’s the church’s job or a pastor’s job to tell you only what a doctor can tell you. … Everyone is welcome at Citizen Church whether you’re vaccinated or not, whether you choose to wear a mask or not.”

When Pastor Woodward says he does not believe it’s not his job to tell you only what a doctor can tell you, you gotta wonder what he says about a woman’s right to choose and are women who have had an abortion welcomed to his church with no requirement of repentance for having an abortion.

According to a KRQE news report, about half of the hundreds of people inside Citizen Church Sunday morning were not wearing masks.

Legacy Church Pastor Steve Smothermon blasted the reinstatement of mask mandates indoor during his Sunday service characterizing Governor Michelle Lujan Grisham as a “tyrant”. Smothermon went so far as to telling his congregation that he hopes no one goes to the state fair this year now that the governor is requiring people to show proof of vaccination to get in. Smothermon called his strong stance a, ‘peaceful protest’ and said:

“If more people would ignore her and the mandates, businesses, if you would just put your signs out and then if people come in you can just simply say I’m not the mask police.”

The link to the news story is here:

https://www.krqe.com/news/politics/local-churches-pushback-on-re-instated-mask-mandate/

Pastor Smothermon’s hostility and vitriol is to be expected. Last year Legacy Church and Calvary Church were both fined $10,000 for violating the state’s public health order after videos and photos posted online went viral showing hundreds gathered at both churches during Christmas Eve services with almost no masks in sight.

A link to a related news story is here:

https://www.kob.com/albuquerque-news/albuquerque-megachurches-fined-5k-for-violating-public-health-orders/5962802/

THE RACE FOR MAYOR OF ALBUQUERQUE BEING INFECTED BY THE CRAZY

The political crazy and unhinged has even crept into the Albuquerque Mayor’s race between Democrat Mayor Tim Keller, Decorate in name only Sheriff Manny Gonzales and Der Führer Trump Shock Jock Eddy Aragon.

On December 19, a defiant Bernalillo County Sheriff Manny Gonzales on a video proclaims he would not enforce “unconstitutional laws” when it comes to the corona virus pandemic. In a video posted to YouTube, Gonzales said he sympathizes with business owners and houses of worship, and accused politicians of “turning everyday citizens into villains.” Gonzales got the publicity he covets when local news agencies covered the story. Gonzales had this to say:

“I choose to direct this agency’s time and resources to the laws deemed to keep people free of crime. … Overreaching restrictions will harm our community. For that reason, we will not follow along with any orders that subvert constitutional rights.”

A link to the YouTube Video is here:

https://www.youtube.com/watch?v=v95B1lpt_PM

The single most obscene argument being by those against taking the vaccine is the very warped use of the term “my body, my right to choose” a term used by people who support the “right to choose” when it comes to abortion. It was an argument made by Der Führer Trump Republican candidate and radio shock jock running for Mayor Eddy Aragon in a debate with incumbent Democrat Mayor Tim Keller and Democrat In Name Only (DINO)Bernalillo County Sheriff Manny Gonzales. Aragon boasted to the audience he has not been vaccinated as he pandered to Der Führer Republican voters saying he was the only Republican running in a non-partisan race.

What was disappointing was you heard no objection from so called progressive Mayor Tim Keller who proclaims to be supportive of a woman’s right to choose and ostensibly was not offended by Aragon’s warped use of the words.

A person has every right to choose not to take any vaccine to protect themselves from a disease, but there is absolutely no constitutional right to catch a contagious disease and then spread it to others resulting in death. A woman’s right to choose should never be compared on the same level as receiving inoculation for a contagious disease.

DER FÜHRER REPUBLICAN PARTY INFECTED BY THE CRAZY

Nationwide, the overwhelming majority of Covid hospitalizations and deaths are occurring among unvaccinated Americans, especially in the Southern Republican red states according to a New York Times. A Kaiser Family Foundation vaccine tracking poll released early in August found that Republicans were the second-least likely demographic group to be vaccinated, only above Americans who are unsure about the vaccines under 65. While 57% of Republicans have received at least one dose of the vaccine or say they will get a shot as soon as possible, 40% say they either never will, will only do so if it’s required or are still in wait-and-see mode. The 40% total is the second-highest of the 23 demographic groups surveyed.

Four in ten of those in the “wait and see” group are people of color, while the most vaccine resistant group, those who say they will “definitely not” get a COVID-19 vaccine, is overwhelmingly made up of White adults (65% of the group compared to 50% of the “wait and see” group). Partisanship also plays a major role with more than half (58%) of the “definitely not” group identifying as Republican or Republican-leaning. In addition, religious identity also plays a role as White Evangelical Christians, make up nearly twice the share of the “definitely not” group (32%) as the “wait and see” group.

https://www.kff.org/coronavirus-covid-19/dashboard/kff-covid-19-vaccine-monitor-dashboard/

THE SCHOOLS AND MANDATORY MASKING AND VACCINATIONS

“As school begin to open across the country, the most contentious protests have been over mandatory vaccinations of kids and the wearing of masks. “Across the United States, religious figures, doctors, public officials and other community leaders are [helping] … people circumvent COVID-19 precautions. An Oregon school superintendent is telling parents they can get their children out of wearing masks by citing federal disability law. A pastor at a California megachurch is offering religious exemptions for anyone morally conflicted over vaccine requirements. A Louisiana’s attorney general has posted sample letters on his office’s Facebook page for those seeking to get around the governor’s mask rules”

The link to quoted source material is here:

https://www.usnews.com/news/politics/articles/2021-08-21/parents-get-coached-on-how-to-escape-mask-and-vaccine-rules

“Coronavirus cases among children are rising at a time when the highly infectious delta variant is advancing across the United States at a rapid clip. New state-level data analyzed by the American Academy of Pediatrics and the Children’s Hospital Association shows that children accounted for roughly 15% of all newly reported COVID-19 cases across the nation for the week ending on Aug. 5.

Nearly 94,000 child cases of COVID-19 were recorded during that period, a 31% increase over the roughly 72,000 cases reported a week earlier. In the week before then, there were 39,000 new child cases. The American Academy of Pediatrics and the Children’s Hospital Association said that new coronavirus cases in children have been increasing since July after a period of decline in the early summer.

“This virus is really tracking the unvaccinated,” said Dr. Yvonne Maldonado, a professor of pediatrics and infectious diseases at Stanford University. “Because children under 12 are not able to be vaccinated, we’re just seeing the same increase in infections in that group because [the delta variant] is so infectious.”

The link to quoted source material is here:

https://www.npr.org/sections/coronavirus-live-updates/2021/08/10/1026375608/nearly-94-000-kids-got-covid-19-last-week-they-were-15-of-all-new-infections

“For more than a century, schools have played a crucial role in reducing vaccine-preventable diseases in the U.S. In 1802, Massachusetts became the first state to encourage smallpox vaccinations. Forty-eight years later, it was home to the first school to require vaccination.

By 1900, nearly half of the states required children to be vaccinated before beginning school. By 1963, 20 states, Washington D.C. and Puerto Rico mandated a variety of vaccines for children. In the late 1960s, efforts were underway to eradicate measles in the U.S. In the ’70s, states requiring the measles vaccine had incidence rates 40% to 51% lower than the states not requiring it.

Alaska and Los Angeles found themselves among the poorer-performing areas in that regard — forcing health officials to strictly enforce the existing requirements. In Alaska, 7,418 of 89,109 students (8.3%) did not provide proof of vaccination and were not permitted to attend school. A month later, fewer than 51 students were still excluded.

In Los Angeles, 50,000 of 1,400,000 students (4%) were not allowed in school. Most of them returned within a few days. In both cases, the number of measles cases plummeted, proving enforcement of vaccine mandates to be an effective public health measure, Malone and Hinman wrote.”

The link to quoted source material is here:

https://www.fox10phoenix.com/news/history-of-vaccine-mandates-in-the-united-states

NEW MEXICO STATUTORY LAW ON SCHOOL IMMUNIZATION REQUIREMENTS

The New Mexico legislature has enacted the “Immunization Exemption Statute”, Sections 24-5-1 to 24-5-15 NMSA, that deals with exemptions from school and daycare immunization requirements. Section 24-5-2 makes it clear in no uncertain terms that it is unlawful to enroll in school children that have not been immunized and states in part:

“It is unlawful for any student to enroll in school unless he has been immunized, as required under the rules and regulations of the health services division of the health and environment department [department of health], and can provide satisfactory evidence of such immunization. … ”

The New Mexico Public Education Department and the Public Health Department have the authority to include corvid vaccinations in the list of mandatory vaccinations.

The statute, section 24-5-3 NMSA, allows for only 2 types of exemptions for children seeking exemption from required immunizations to enter school, childcare or pre-school: a medical exemption and a religious exemption.

The statute does NOT grant immunization exemptions for philosophical or personal reasons. The two exemptions are medical or religious.

If there is a medical reason for exempting immunization, a signed medical exemption must be obtained from a duly-licensed physician attesting that the required immunization would endanger the life of the child.

If there is a religious reason for exempting, the child’s parent or legal guardian must ask an officer of the church to write a letter stating that the one seeking an exemption are a member of the church, and the church uses prayer or spiritual means alone for healing. If access to a church officer is not possible, then the child’s parent or guardian must complete the Certificate of Exemption Form. The form requires a statement of the religious reasons for requesting to have a child exempted from immunization. Once a completed, notarized, original Certificate of Exemption Form is filed with the Department of Health, the Department has up to 60 days to notify the parent or legal guardian if the request is approved or denied.

Section 24-5-3 entitled “Exemption from immunization” also requires affidavits:

A. Any minor child through his parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:

(1) a certificate of a duly licensed physician stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; or

(2) affidavits or written affirmation from an officer of a recognized religious denomination that such child’s parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or

(3) affidavits or written affirmation from his parent or legal guardian that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.

B. Upon filing and approval of such certificate, affidavits or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavits or affirmation.

The links to the statutes are here:

https://law.justia.com/codes/new-mexico/2011/chapter24/article5/

https://law.justia.com/codes/new-mexico/2011/chapter24/article5/section24-5-3/

PRESIDENT JOE BIDEN’S TAKE ON OPPOSTION

The states of Florida and Texas account for one-third of new COVID-19 cases in the U.S., yet their Governors exhibit extraordinary ignorance to the health and safety of their constituents.

Texas Governor Greg Abbott issued an executive order that banned mask mandates and other operating mandates in Texas. In a statement Abbot said:

[People] have the individual right and responsibility to decide for themselves and their children whether they will wear masks, open their businesses, and engage in leisure activities. … Vaccines, which remain in abundant supply, are the most effective defense against the virus, and they will always remain voluntary — never forced — in the State of Texas.”

On August 18, Governor Greg Abbott was tested positive after attending a major even without wearing a mask. On August 22, Abbot issued a statement saying he has tested negative for COVID-19, just four days after testing positive.

“I’m told that my infection was brief and mild because of the vaccination that I received. … So I encourage others who have not yet received the vaccination to consider getting one.”

It’s highly likely Abbot would not have been infected with the virus after receiving the vaccine had he simply worn a mask.

https://www.kob.com/news/texas-gov-greg-abbott-now-testing-negative-for-covid-19/6215335/?utm_campaign=thumbnails&utm_medium=onsite&utm_source=zetaglobal

Florida Governor Ron DeSantis has stuck to his long-time promise not to impose a mask mandate in Florida and has moved to ban state institutions from requiring vaccinations.

On August 3, President Joe Biden took aim at local officials, including Republican Governors Di Santis and Abbot of over measures that prevented public health measures in the wake of surging COVID-19 cases and he said:

“I say to these governors: please help, but you aren’t going to help at least get out of the way. … The people are trying to do the right thing. Use your power to save lives. … And worst of all, some state officials are passing laws or signing orders that forbid people from doing the right thing. As of now, seven states not only banned mask mandates, but also banned them in their school districts, even for young children who cannot get vaccinated.”

DUCT TAPING THE CRAZY IN THE FRIENDLY SKIES

July 12, 2021, a 30 year old woman with green hair became agitated on an American Airlines flight and became very aggressive and in wanting to kick open a plane door. She had told the man next to her that she did not want the plane “to fly up anymore. ” Flight attendants ran and “tackled” the woman, then restrained her wrists and feet with duct tape. When she became even more erratic and violent, flight attendants were forced to subdue her and duct-tape her to the seat.

https://www.washingtonpost.com/travel/2021/07/12/woman-restrained-on-american-airlines-flight/

On Saturday, Aug. 7, a 22 year old man on a Frontier Airlines flight from Philadelphia to Miami allegedly sexually assaulted two female flight attendants and punched a male flight attendant. The man was intoxicated and had been consuming alcohol on the flight. Having enough of the crazy, flight attendants teamed up to force the man back into his seat and duct-taped him in place. He was subsequently arrested and charged with three counts of battery.

https://www.avweb.com/aviation-news/flight-attendants-subdue-violent-passenger-with-duct-tape/

COMMENTARY AND ANALYSIS

Consistently, those who promote ways to get around the vaccine and mask mandates argue they are looking out for children’s health and parent’s rights, and people’s “constitutional rights” and freedom from government intervention for any reason. Those who resist masking and vaccines are at best irrational and ignorant or at worst just dishonest and reckless. The “anti vaccine” and anti mask crowd are now undermining efforts to beat back the highly contagious delta variant to the point people are being hospitalized and dying at the same rates early in the pandemic. The overwhelming majority now who are being hospitalized and dying are those who have not been vaccinated. Now that the vaccine has received full FDA approval, there is no excuse not take it.

Like it or not, and no matter what political party you belong to or you political philosophy, vaccination mandates by the government and by private employers as a condition of employment is on solid United State Constitutional law and state laws. Vaccination mandates are not “unconstitutional” as argued by many “arm chair” constitutional scholars you hear on conservative talk radio, especially FOX News, on social media, and from so many members of the Der Führer Republican Party.

The mantra that mandated vaccines and wearing of masks are a violation of a person’s rights is 100% irresponsible and negligent especially by elected officials promoting their own political agenda. It is a reflection of absolute ignorance. There is no right to become a carrier of a deadly disease and put others in harm’s way. Those who refuse to take the vaccine and become carriers of the deadly virus are essentially attempting to commit suicide and in a real sense committing attempted murder of others. No one should have any sympathy for those who refuse to mask up, get infected and refuse to take the vaccine.

The antics of the Der Führer Trump Republicans such as Florida Republican Ron Desantis and Texas Governor Greg Abbot of Texas in opposing mask mandates in public schools can only be describe as vicious and cruel negligence on their part to promote their own quest to the White House. No one should have any sympathy for Texas Governor Greg Abbot coming down with Covid and being treated, as was the case with Der Führer Trump who always downplayed the virus and said it would suddenly vanish ignoring the science.

What this country desperately needs is a vaccine for the crazy, stupid, lies especially in presidential election years to be administered to despots and candidates in Der Führer Republican Party. The country, state and the city are at the point that more than a few elected officials and politicians need to have duct tape placed across their mouths, starting with Der Führer Trump and Governors Abbott and DeSantis, so they can just shut up for once, until the Corona Virus and the variants are completely eradicated and we can all get back to normal after a full year and a half of being quarantined. Another option would also be to duct tape DeSantis to his Governor’s chair, but even I absolutely refuse to even go there with Abbott.

Until then, please, please take the vaccine and wear the damn mask, unless you want to get duct taped!

____________________________________

POSCRIPT

The New Mexico legislature has enacted two major statutes that empowers the Governor to issue public health orders to deal with the pandemic. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.”

“PUBLIC HEALTH ACT”

The Public Health Act is the law the state has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day.

In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act (NMPHA), section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department. There are at least 12 specific provisions of the NMPHA that empowers the department by and through the Governor by appointment of the cabinet secretary. Those sections are:

Section 24-1-3 (C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.
Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.
Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.
Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
Section 24-1-3 (L) Ensure a competent public health workforce;
Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;
Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;
Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;
Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued
Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.
CRIMINAL PENALTIES PROVIDED IN PUBLIC HEALTH ACT

The New Mexico Public Health Act also contains a criminal penalty provision that can be sought and enforced for violations of the Health Department orders. The state police issues criminal citations that are misdemeanors that carry a maximum $100 fine and 6 months in jail. The penalty provision of the Public Health Act provides as follows:
NMSA§ 24-1-21. Penalties

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court.

Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action.

The attorney general shall represent the department.”

Links to review the entire Public Health Act can be found here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

“PUBLIC HEALTH EMERGENCY RESPONSE ACT”

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses a civil fine of up to $5,000 per day. Note that the actions for violations of the “Public Health Act” are criminal and that violations of the “Public Health Emergency Response Act” are civil.

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses an up to $5,000 fine per day. In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:

A.A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

B. A state of public health emergency shall be declared in an executive order that specifies:

(1) the nature of the public health emergency;
(2) the political subdivisions or geographic areas affected by the public health emergency;
(3) the conditions that caused the public health emergency;
(4) the expected duration of the public health emergency, if less than thirty days;
(5) the public health officials needed to assist in the coordination of a public health emergency response; and
(6) any other provisions necessary to implement the executive order.

C. A declaration of a state of public health emergency shall not abrogate any disease-reporting requirements set forth in the Public Health Act [ 24-1-1 to 24-1-22 NMSA 1978].

D. A declaration of a state of public health emergency shall be terminated:

(1) by the governor, after consultation with the secretary of health, upon determining that there is no longer a public health emergency; or
(2) automatically after thirty days, unless renewed by the governor after consultation with the secretary of health.

E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures.

On Thursday, August 19, four Albuquerque Police Officers were injured following a shooting in northeast Albuquerque. The shooting happened as officers responded to a robbery by the Dutch Bros. near Mountain and Juan Tabo. Two suspects are in custody related to the incident.

The first suspect was wounded and taken into custody shortly after the shooting unfolded. The first suspect was taken to the University of New Mexico Hospital (UNMH) for medical treatment. APD announced via Twitter at 12:34 a second suspect was taken into custody. APD believe there are no other outstanding offenders however several others were detained in the process of the investigation.

During a news briefing at the University of New Mexico Hospital (UNMHS), it was reported that one officer is in critical condition after being shot in the base of the neck above their bulletproof vest. A second officer was shot in the arm, third officer was shot in the center of his bulletproof vest, both are expected to to have a full recovery. The fourth officer was injured with either shrapnel or glass in the eye. APD spokesman Gilbert Gallegos said an APD service aide rendered aid to the officer that was shot in the arm – using a tourniquet to save the officer’s life.

Several APS schools including Kennedy Middle School, Jackson Middle School, Chelwood Elementary School, Tomasita Elementary School, McCollum Elementary School and Manzano High School were ordered to shelter in place after the shooting. At 12:27 p.m., shelter in place orders were lifted at those schools.

Authorities from Sandoval County, Valencia County, Rio Rancho County, FBI, the Bernalillo County Sherriff Office, NM State Police and the Bernalillo County District Attorney’s Office were called in to assist. The Bernalillo County Sheriff’s Office (BCSO) for its part confirmed that a fatal crash on I-40 in the east mountains involved a person of interest in the case. BCSO said the person was fleeing from police when the crash happened.

MAN CHARGED

According to news reports, APD Police has charged by criminal complaint in Metro Court a person identified as James Ramirez, 27, of Los Angeles with three counts of aggravated battery against a police officer, armed robbery, possession of a firearm by a felon and resisting evading or obstructing an officer. Ramirez has no criminal history in New Mexico but, according to court records, is a convicted felon in California.

According to a criminal complaint filed in Metropolitan Court:

“A man called police around 8:30 a.m. and reported that he had been robbed at gunpoint and had located the two men who robbed him in Northeast Albuquerque. He told police he had been walking on Western Skies when two men approached him and asked him if he wanted to buy drugs.

The man said he declined and one of the men pulled out a black pistol and “demanded everything he had,” taking his wallet, shoes, backpack, gold necklace and a Playstation that was in the backpack. He told police a friend drove him around looking for the robbers and they saw the men around Juan Tabo and Copper.

The man met with officers Verbeck and Eichel and identified the suspects as two men walking near Summer and Juan Tabo, telling the officers that one of the men was armed. As the officers approached, the two men ran south down an alleyway and the officers gave chase.

One of the suspects, later identified as Ramirez, “suddenly” fired at the officers and struck both of them before the officers shot back. [According to the witness/victim:

“I later observed the officers’ on-body recording devices and observed the officers getting shot and bleeding profusely”.
The complaint states:

“Sgt. Kenny and Officer Gunderson arrived near Dutch Bros Coffee Shop and saw Ramirez ducking behind a vehicle. Gunderson told Ramirez to drop the gun and Ramirez fired at him. The officers returned fire. Gunderson was struck in his vest, and Kenny was hit by glass and fragments as he took cover behind his vehicle.

Ramirez and the officers continued to exchange gunfire until Ramirez was struck and fell to the ground. The officers rendered aid to Ramirez until he was taken to the hospital. Police found the robbery victim’s ID and credit card in Ramirez’s wallet.

The second suspect, a “smaller skinny” man, was seen running south down the alley “and has not been identified or apprehended.”

The link to quoted source material is here:

https://www.abqjournal.com/2421142/california-man-charged-in-shooting-of-apd-officers.html

WITNESS NEWS INTERVIEWS

A witness in the area told KOAT crews that he heard at least 50 gunshots from what he said sounded like a semi-automatic weapon.

https://www.koat.com/article/police-respond-to-critical-incident-in-northeast-albuquerque/37349594

According to a KOB news report, Estaban Ortiz said that he was in line at the Dutch Bros when he suddenly saw two people with backpacks run by his car. He heard police yell at one of them to drop the gun – but the suspect kept on shooting at them. According to Ortiz:

“He fell down, he had extended magazines, with what appeared to be a 9mm pistol. … He unloaded the first one completely. After he fell on the floor, he took out that unloaded one, pulled another one out, another extended magazine, popped it back in, and as he was being shot on the floor, he kept returning fire.”

Ortiz said he was terrified the suspect would eventually turn and shoot at him.

The link to the quoted source material is here:

https://www.kob.com/albuquerque-news/two-officers-injured-in-thursday-morning-ne-albuquerque-shooting/6212113/?cat=500

According to a News 13 report, Becki Dougherty’s aunt lives within sight of the Dutch Bros and said she rushed outside when she heard the gunshots and said:

“All I could see was people trying to get out of that parking lot as fast as they could, but there’s only one way out. And, I just continuously heard the pop, pop, pop.”

Dougherty said drivers were in line to get their coffee and scrambled to get out of there. She added that she was scared that there was still one suspect on the run for hours.

Andrea Sanchez said her husband was in their backyard when gunshots rang out when she rushed outside to check on him and she found her husband helping an APD officer who was hit. Sanchez said:

“I saw him, arm in arm next to a cop and I thought for a second he might have got shot but it was the cop who got shot and he was carrying him here in the back alley and brought him to safety and the cop went in the ambulance.

The link to the quoted source material is here:

https://www.krqe.com/news/albuquerque-metro/apd-two-officers-shot-injured-in-northeast-albuquerque/

https://www.krqe.com/news/albuquerque-metro/businesses-schools-on-lockdown-for-hours-as-police-searched-for-shooting-suspect/

Richard Griego, a manager of Goodwill across the street, told the Albuquerque he was sitting in his car when he heard what sounded like a couple of car backfires and stated:

“I rolled down my window and could see the puffs (of bullets) hitting the building of Federico’s — firing going back and forth — almost 30 or 40 shots. … It was sporadic at first, continuous, then it stopped and then it kept going a little bit.”

Griego said it appeared officers were using two of their vehicles for cover as they fired from the Dutch Bros Coffee and there was gunfire coming back from the Federico’s parking lot.

The link to the quoted source material is here:

https://www.abqjournal.com/2420801/major-police-presence-in-ne-albuquerque.html

APD CHIEF HAROLD MEDINA REACTS BY BLAMING CRIMINAL JUSTICE SYSTEM

During news briefings, APD Chief Harold Medina had this to say:

“Officers who were injured, their families have been notified and they have family members with them. … We want to assure all of the other families of officers who are on scene and haven’t been able to reach out their families, assure them that the officer who were injured, their families have been contacted. … This has been a challenging day but we appreciate the support, especially from our partners in law enforcement. … At the same time, it is incredibly frustrating that over the course of the past few weeks we have had four incidents in the metro area where law enforcement has been fired upon.”

Since July 5, according to authorities and news sources, there have been at least 3 separate incidents involving law enforcement and gun violence. Those incidents include:

1. FBI agents killed a man who shot an agent, hitting his bulletproof vest.
2. An APD officer was struck by glass shards after his windshield was hit by gunfire that left another person dead.
3. APD officers shot and injured a man who fired at them from a bait car.

During the press briefing at UNMH on the medical status of the officers being treated, APD Chief Harold Medina took the opportunity to criticized and lay blame on what happened to the 4 police officers on the criminal justice system. He stated that the community must come together and find ways to curb the gun violence and stop the “revolving door” that releases violent felons. He said that not all people can be saved and stated:

“People need to want to get help, but some people need to stay in jail. … And that is something we can’t be afraid of saying. It needs to be said. Our courts need to hear it. Our prosecutors need to hear it, and our community needs to voice their frustration and ensure that we start making the changes to keep bad people in jail.”

Source of quoted source material:

https://www.usnews.com/news/best-states/new-mexico/articles/2021-08-19/police-two-albuquerque-officers-shot-taken-to-hospital

MAYOR TIM KELLER REACTS

On August 18 at 10:49 Mayor Tim Keller posted on his TWITTER acount:

“… officers are receiving emergency care after being shot in the line of duty this morning. This is a horrific act of violence and Liz and I join our community in praying for the officers, their families, and the team working to find the remaining suspect.”

Mayor Tim Keller issued the following statement:

“Our officers put their lives on the line every single day to protect our community. Despite these risks they take on when they’re sworn in, they step up anyway. It’s a profound act of service. When they are injured or worse in the line of duty, that pain ripples through our entire community.

Police families should never have to receive the calls they’re getting today. We’re asking our entire community to have their backs and the backs of every officer who worked to find the suspects and bring them to justice after this senseless act of violence. Liz and I join families around New Mexico in praying for the safety and recovery of the injured officers and for their families.”

During a news conference outside University of New Mexico Hospital, where the officers and suspect were being treated, Mayor Tim Keller called the incident an “incredible tragedy” that “ripples through our entire community” and had this to say:

“The entire Central New Mexico area is certainly, right now, either in a state of shock, state of grieving or, frankly, a state of fear. Our community is in this together, no matter what the causes, no matter what the problems, no matter what the answers are.”

POLICE UNION REACTS

Shaun Willoughby, the president of the Albuquerque Police Officers’ Association said the shootings hit very close to home and he had this to say:

“These are friends of mine. … I know both of the officers that are either in surgery or hopefully getting out of surgery that are fighting for their lives right now. It just turns into raw, unadulterated anger because we have known this was going to happen. We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

GOVERNOR MICHELLE LUJAN GRISHAM REACTS

Governor Michell Lujan Grisham posted on her FACEBOOK page:

“I am deeply, deeply troubled by the shooting of four Albuquerque Police Department officers in the line of duty this morning. All across the state, law enforcement personnel put their lives on the line every single day for New Mexicans. My thoughts are with those injured today and their families – please join me in praying for speedy and complete recoveries as we await additional details.”

Lujan Grisham’s Spokeswoman Nora Meyers Sackett later issued a statement and said the administration is keenly aware of the public safety issues facing Albuquerque. She noted that 35 additional New Mexico State police began working in the City on August 17 with the APD. Sacket said:

“The governor has committed to substantial public safety investments, including an effort to fund and support 1,000 new police officers statewide over the next decade, in the coming legislative session. … the Governor looks forward to Republican support of initiatives aimed at helping local jurisdictions combat violent crime and keeping repeat violent offenders locked up.”

UNMH REACTS

Dr. Steven McLaughlin, the chair of the Department of Emergency Medicine and who has been with UNMH for 20 years spoke at the briefing on the status of the injured police officers. Dr. McLaughlin took the opportunity to discuss gun violence and said has noted that gun violence getting worse in the city as well as across the country. Dr. McLaughlin had this to say:

“If you look at the numbers in the United States about 40,000 people a year die from gun violence. … Guns are also responsible for over half of the suicide deaths in the United States, which is something we don’t always think about. … To highlight this, as I was walking over here about a half hour ago my pager went off and we have another gunshot wound victim coming into the emergency department who is there right now. … This is something that continues to be a tragedy that we see every single day in the work that we do.”

No doubt thinking about the killing of 13-year-old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student, Dr. McLaughlin said:

“If you own a gun please be sure to lock it up so it doesn’t fall into the hands of children or someone else. … We all need to do our part to make sure we’re keeping our community safe.”

The Youtube link to News Conference on the City and UNMH updates on the status of four officers injured in robbery, shooting is here:

https://www.youtube.com/watch?v=CjvjXPULkL8

COMMENTARY AND ANALYSIS

The shooting of 4 APD police officers in the line of duty is the single largest such incident involving APD police in its history. The shooting of the 4 police officers occurred the very day after the August 18, 2005 anniversary of when APD Officers Michael King and Richard Smith were shot and killed while attempting to take John Hyde into custody for a mental health evaluation. Earlier in the day, Hyde, unbeknownst to the officers, went on a murdering rampage and killed Ben Lopez, Garrett Iverson and David Fisher at two separate locations with no apparent motivation. Both King and Smith were each 22 year veterans with APD, had retired but returned to work. Hyde was suffering from paranoid schizophrenia and was later found incompetent and after 16 years has yet to stand trial and is still in a mental institution.

Just as tragic as the shooting of the 4 police officers is the record number of murders hitting a historical high of 83 and counting in one year. It was just 6 days ago that the city was shocked by the killing of 13-year-old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student as well as the city breaking the all-time homicide rate with 81 murders.

APD HAROLD MEDINA

It is painfully obvious that APD Chief Harold Medina’s statements blaming the New Mexico criminal justice system and the courts and the “revolving door” for what happened was inappropriate. Medina did not know at the time he made his remarks that James Ramirez, the defendant charged with the shooting, was not from here, he has no criminal history in New Mexico, but he is a convicted felon in California. Medina offered no information on Ramirez, if he is wanted or suspected of other crimes in Albuquerque or if he was out on bond or if he did time in California or if a fugitive complaint was outstanding.

In other words, Medina spoke before Ramirez was identified nor his involvement of what happened but he still laid blame on the courts. Medina’s “blame game” is likely the result of Medina being distraught and emotional over what happened to police officers under his command, and his friendships with Officers Smith and King, but that still is no excuse for his “blame game” on the courts.

MAYOR TIM KELLER

Not at all surprising is that Mayor Tim Keller was front and center at all the press briefings on the shootings, taking the lead, talking first and introducing the speakers and expressing his condolences on what happened and sympathy to the families of the officers. His presence was definitely mandated to show leadership and a reflection that he supported APD.

One shortcoming is that Mayor Tim Keller dominated the briefings and he actually gave the first “critical incident report” and tried to brief the media on information that needed to come from APD and the attending physicians, those who had actual knowledge as to what happened. Conspicuously absent at the “critical incident” press briefing held by Keller at the location of the incident was Bernalillo County Sheriff Manny Gonzales who is running against Keller for Mayor. Keller ostensibly invited District Attorney Raul Torrez, the FBI and the head of the New Mexico state police to the briefing in that they attended and were offered an opportunity to speak. Keller introduced District Attorney Raul Torrez and allowed him to speak at the critical incident briefing with Torres asking the public for help and for the public to come forward if they had any information.

The Youtube link to Keller’s “critical incident report” news conference on the 4 officers shot is here:

https://www.youtube.com/watch?v=gk2-nmG2PDM

The Youtube link to News Conference on the City and UNMH updates on the status of four officers injured in robbery, shooting is here:

https://www.youtube.com/watch?v=CjvjXPULkL8

APD Chief Harold Medina went out of his way during the first press briefing to note the authorities from the Rio Rancho Police were the first to offer help and that the FBI, NM State Police and the Bernalillo County District Attorney’s Office were called in to assist. Medina made no mention that the Bernalillo County Sheriff’s Office (BCSO) for its part was dealing with a fatal crash on I-40 in the east mountains involving a person of interest in the case. BCSO said the person was fleeing from police when the crash happened.

It was in 2019, that Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates . Those APD programs are:

The Shield Unit
Declaring Violent Crime “public health” issue,
The Metro 15 Operation and
The “Violence Intervention Plan” (VIP Program).

It was on April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue”. The program was intended to deal with crimes involving guns in an effort to bring down violent crime in Albuquerque. Mayor Keller and APD argue that gun violence is a “public health issue” because gun violence incidents have lasting adverse effects on children and others in the community that leads to further problems.

It was on August 18, 2020 that Mayor Tim Keller introduced his Violence Intervention team and said in part:

“This isn’t about Power Point slides or interesting analysis. … This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. This is not just running reports and I think that’s a marked difference with what the city has done in the past.”

Based upon what has happened in the last week as well as the fact that the city has broken another record in homicides, Mayor Keller’s program can only be considered a failure.

A link to a related blog article is here:

https://www.petedinelli.com/2021/01/19/2021-begins-with-7-homicides-in-18-days-mayor-kellers-apd-programs-to-bring-down-violent-crime-rates-not-stopping-blood-flow/

POLICE UNION PRESIDENT RECKLESS REACTION AND FALSE CLAIMS

Police union president Shaun Willoughby was reckless when he essentially said that the Federal Court Approved Settlement Agreement (CASA) and the mandated police reforms are the cause of what happened to the 4 APD police officers especially when he said :

“… we have known this was going to happen. We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

From all appearances, the 4 injured officers were indeed doing their jobs and followed constitutional policing practices using deadly force to defend themselves and to take suspects into custody. From the news reports, the 4 officers lapel cameras were on and what happened was recorded. Mandatory use of lapel cameras are just one of the CASA mandates.

Use of the term “de-police” by Willoughby’s was no mistake. It is an effort create fear and anger amongst the community that the city has become part of the “defund the police” movement, which is blatantly false given that APD has the biggest budget of all city departments with an approved budget of $222 million. The police unions own attorneys have also said in open court at least two times that the federal reform mandates have not contributed to the city’s violent crime, yet Willoughby repeatedly promotes his big lies.

Under the CASA, there was a complete rewrite of APD’s use of force and use of deadly force policies. Police union president Shaun Willoughby was at the bargaining table when the policies were written. All of APD sworn officers have been trained on the constitutional policing practices.

ALL TALK AND NO RESULTS

What is truly depressing is that we continue to look to Mayor Tim Keller, the Albuquerque City Council and the appointed APD Chief Harold Medina and his Deputies for answers and solutions to what is happening as violent crime spikes and people are killed. What we get are unkept promises that something will ne done and we hear and see nothing as they react until another tragedy happens. What the city residents get are press conferences, a cycle of shock and empathy and hear condolences and concerns for the victims by our city officials.

We hear sound bites that we “are all in this together”, and we are “One Albuquerque” strong coupled with complaints of a “broken criminal justice system”, complaints of lack of resources and finger pointing that what is happening is a national trend. If this sounds at all too familiar, it’s because it has now become the norm in Albuquerque. The public also hears the same damn thing every 3 to 6 months on a national level when a mass shooting is reported and congress does nothing.

SPECIAL LEGISLATIVE SESSION NEEDED

On January 18, 2022, the thirty-day legislative session, also known as a short session, is scheduled to begin. 30 days session are supposed to be limited to budget and tax legislation, proposed constitutional amendments and previously vetoed bills. In the aftermath of the shootings of the 4 police officers and 13 year old New Mexico State legislature leadership are already calling for passage of crime bills and gun control legislation

It would be a major mistake for the New Mexico Legislature to even attempt to tackle enactment of crime legislation, even though it is desperately needed at this time, in a 30 day session. What Governor Michell Lujan should announce immediately is that she will convene a Special Legislative Session to follow the 30 days session to deal exclusively with crime and responsible gun control legislation.

The New Mexico Legislature should consider the following consider the following in the Special Legislature session:

1. Enact legislation making it a crime to fail to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users.

2. Review additional bail bond reforms and statutorily empower judges with more authority and more discretion to hold and jail those accused of violent crimes pending trial who have prior violent crime convictions.

4. Significantly increase the penalties for all violent crimes with mandatory sentencing by the courts.

5. Consider enacting legislation for the creation of a regional law enforcement agency for Class A Counties with populations of 500,000 or more and abolishing the Albuquerque Police Department and the Office of Bernalillo County Sheriff and consolidating both agencies into one agency with a civilian governing board along the lines of the Albuquerque Bernalillo County Water Authority. A link to related blog article on this subject is here:

ttps://www.petedinelli.com/2020/07/22/defund-apd-and-bcso-create-abbco-police-authority-with-civilian-governing-board-and-abbco-police-authority-commissioner/

6. Enact legislation that either bans “citizen militias” entirely or regulate all citizens militias. Citizen militias need to be define along similar lines of how “gangs” are defined under federal criminal law or state law. The link to a related blog article is here:

https://www.petedinelli.com/2020/07/08/us-congress-and-nm-legislature-must-ban-citizen-militias-or-enact-citizens-militia-registration-act-sweeping-responsible-gun-control-legislation-also-needed/

7. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

8. Requiring in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

9. Enact a gun violence restraining order and extreme risk protection process to temporarily prohibit an individual deemed by a judge to pose a danger to self or others, from purchasing or possessing firearms or ammunition and allow law local law enforcement to remove any firearms or ammunition already in the individual’s possession.

10. Restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person, including dating partners, convicted of a domestic violence misdemeanor.

11. Mandate and fund public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

12. Repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

FINAL COMMENT

Without reasonable and responsible gun control legislation, and aggressive law enforcement and prosecution of violent criminals, New Mexico and Albuquerque will continue have spiking violent crime rates, our schools will no longer be safe, and what the city has seen in the last week with the shooting of 4 police officers and the killing of a 13 year old will be the new normal.

NEWS UPDATE

On August 20, for the the second day in a row, Albuquerque had an officer-involved shooting. According to reports, one person is hospitalized after an officer-involved shooting in the area of Broadway and Anderson Avenue and Broadway Blvd. in southeast Albuquerque Friday afternoon.

APD authorities said officers were trying to take the suspect in on a parole violation because he is believed to be involved in an Albuquerque homicide that occurred last month. When police approached him, he reportedly tried to elude officers and started ramming his vehicle into police cruisers. The suspect then got out of the car holding a rifle. The suspect then tried to carjack a nearby driver by pointing a rifle at the driver. The driver said at that point they heard gunshots and the suspect dropped to the ground. The suspect was transported to the hospital and no officers were injured. APD officers were responding to a patrol violation when they say the suspect A Multi-Agency Task Force is investigating.

https://www.krqe.com/news/officer-involved-shooting-investigation-underway-in-southeast-albuquerque/?fbclid=IwAR0dYxqk4pwHXtY2wwnddpApe_7LJzi8dEGwM22DTsLMBMSo_aMrQBRvYpU

https://www.kob.com/albuquerque-news/apd-officer-involved-shooting-near-broadway-and-anderson/6214389/?cat=500

On December 1, 2009, when former Mayor Richard Berry was sworn into office for his first term, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded department in its history. APD was fully staffed with 1,100 sworn police officers. Over 8 years, APD went from 1,100 sworn police to 853 sworn police all under the public safety leadership of Mayor Berry, his Chief Public Safety Officer Darren White and his appointed APD Police Chiefs Ray Schultz, Allen Banks and Gordon Eden.

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.

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. 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.

https://www.petedinelli.com/2021/03/29/mayor-tim-kellers-998-police-force-not-the-1200-police-force-promised-by-candidate-keller/

CURRENT APD PERSONNEL NUMBERS

During the February 8, 2021, City Council Public Safety Committee, then Interim Chief Harold Medina reported that APD had 957 sworn police. Of the 957 sworn police, Medina reported a mere 371 sworn police were in Field Services responding to calls for service or 39% of the entire sworn force. The 371 sworn police taking calls for service were spread out over 3 shifts and 8 area commands to patrol and based on crime rates in the areas. Medina also told the committee that Field Services has 6 area commanders, 18 lieutenants, 53 sergeants’, 21 bicycle officers for a total of 511 officers assigned to field services. The problem is commanders, lieutenants, sergeants, and bicycle officers do not patrol the streets and are not dispatched to calls for service as are the field officers.

https://www.abqreport.com/single-post/zero-growth-for-apd

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. As of July 24, 2021, APD has 940 sworn police according to city personnel records, but 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 an 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

LEAVING IN DROVES

According to a recent ABQReport, police officers 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 has 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. APD continues to lose officers at an alarming rate.

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 full ABQReport is here:

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

HIRING BONUSES OFFERED IN RECRUITMENT

Over the last 20 years, APD’s attrition has been a consistent 60 police officers a year. That includes terminations, transfers and police officers who have decided they do not want to be a police officer anymore. For all of 2020, APD had 81 departures and this year, halfway through the year, the department is at 82 departures.

As of August 2, APD has hired 6 lateral transfers with 48 cadets scheduled to graduate in October with 100 laterals and cadets starting classes by the end of the year. Given the difficult rigors of the police academy, which includes academic and physical training, there always those who wash out because of the inability to pass the academics or inability to deal with the physical training. Out of a class of 50, and average of 15 to 20 cadets do not make it through to graduation. There is no guarantee how many cadets will actually graduate.

Recruitment of new officers has been difficult to the point that APD is now offering hiring bonuses worth thousands of dollars. According to the August 2 KOAT TV news report, the bonuses are:

$15,000 for lateral police officers (officers from other departments)
$5,000 for cadets or new recruits
$1,500 for police service aides

INCREASE WORKLOADS PLACE STRESS ON DEPARTMENT

Complicating the failure to keep up with APD departures is the city’s spiking violent crime rates and the increase in response times by field officers that are placing extreme pressures on the department workloads. In 2020, FBI statistics revealed that Albuquerque has the dubious distinction of having a crime rate about 194% higher than the national average.

https://www.abqjournal.com/1405615/apd-reports-record-82-homicides-for-2019.html#:~:text=Gilbert%20Gallegos%2C%20a%20police%20spokesman,high%20was%2072%2C%20in%202017

A synopsis of the homicide statics provides insight as to increasing demands on APD during Mayor Tim Keller’s 4 years in office:

2018 there were 69 homicides.
2019 there were 82 homicides
2020 there were 76 homicides
2021 there have been 81 homicides as of August 16 and counting.

APD RESPONSE TIMES ALARMINGLY HIGH

Whenever response times for 911 of calls is discussed, it must be viewed in the context of how those calls are broken down with respect to types of crime, arrests, and the number of police officers patrolling the streets. The City budget is a “performance based” budget where each year departments are required to submit statistics reflecting job performance to justify the individual department budgets.

Review of APD’s response times to 911 emergency calls revealed an alarming level of time it takes APD to respond to emergency calls. The time it takes for APD to respond to priority 1 calls has a major impact on increasing the likelihood of physical injury. There has been an astonishing 93% increase in response times since 2011 and getting worse every year.

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 and as high as a full hour and a half.

In an August 2, 2021 KOAT TV news report, Police Union President Shaun Willoughby had this to say:

“We see on a regular basis, 700 minute [or 11.6 hours] wait times on a domestic violence call or a disturbance call with over a thousand-minute [or 16.6 hours] wait time. … If you get involved in a call and the comments on the call say the subject is armed with a gun and officers respond and find that subject, and point their firearms at them and give them verbal commands to get on the ground, so they can safely take him into custody, that action one gets activated as a level one use of force. The sergeant has to go to the scene, ascertain information witnesses that are civilians, has to look at all the video, they have to call a forensic investigator to take picture of the gun that wasn’t used. This one attribute takes cops out of doing what this community expects them to do.”

No attempt was made by KOAT TV to confirm the truthfulness of what Willoughby said, but it turns out the times he provided are at best embellished and at worst just a lie.
Links to quoted news sources are here:

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

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

KOB 4 REPORT DISCREDITS UNION PRESIDENT

On August 11, KOB 4 did a report that discredited APD President Shaun Willoughby’s claims of response times on Channel 7. Channel 4 did the work required to get at the truth on response times. KOB 4 requested the response times from APD management for Priority 1 calls over the last few years. Priority 1 calls are calls made to 911 and include shootings, stabbings, armed robberies, sexual and aggravated assaults, domestic violence with weapons involved and home invasions.

According to the data reviewed by Channel 4, the time it takes a dispatch APD officer to get to a crime scene stayed relatively consistent between January 2018 to May 2021. That time was between 9 and 12 minutes, considerably less than the 11.6 hours wait times on a domestic violence call and the16.6 hours on disturbance calls Willoughby proclaimed.

The response time data obtained by KOB 4 revealed some drastic differences in recent years. In 2018, clearing a crime scene ranged from an hour to 1 hour and 12 minutes. Fast forward to 2021 and APD is averaging more than 2 hours to write reports, gather evidence and interview witnesses, or a full 1 hour longer than three years ago.

KOB 4 found different answers as to why it is now taking longer to process crime scenes from the APD Chief and from the Police Union President:

APD Chief Harold Medina had this to say:

“It’s obviously, it’s very concerning to me because the longer we’re taking on calls, the less officers we’re going to have available for the next call that we know is going to come in. … Now it takes officers hour upon hours, because in a lot of ways, our technology has really slowed down our efficiency. … So updating our technology and getting the better records management system is hopefully going to help us clear these calls fast.”

APD Police Union President Shaun Willoughby not at all surprising said the problem is overworked officers and had this to say:

“[I] get complaints on a daily basis, like, ‘Shaun, there’s three of us out here right now, there’s three of us on graveyard. We can’t even conduct a felony stop within policy because we don’t have resources. … .There’s several calls that get canceled. … Sergeants say we’re just not going to go to that call. Or we get complaints from officers that calls are holding for hundreds of hours. They leave work, the call is holding. They get to work the next day, that same call is still holding.”

Willoughby added that APD has a retention and recruiting problem and said a comprehensive study needs to be done on staffing and daily workload to show the command staff how deep the problem runs.

Chief Medina said he agrees staffing remains an ongoing issue, but it’s unclear what is driving the lag in investigation times and he said:

“That would need a lot of research. … But I’m glad you pointed that out because that is something that we can definitely look at. … I think we have to start finding ways to get our officers back into service.”

Medina did point out that new Department of Justice mandates, for example, require APD to invest a lot more resources in some investigations which may be one reason why officers are spending more time on a scene.

The link to the full KOB 4 report with quotes is here:

https://www.kob.com/albuquerque-news/abq-4ward-examining-apds-response-times/6204745/?cat=500

PERFORMANCE AND PROGRESS MEASURES REDACTED FROM 2021-2022 BUDGET

When it comes to the Albuquerque Police Department (APD), statistics are compiled in areas that reflect performance and outcomes aimed at influencing the larger outcomes and goals that APD is striving to achieve. The performance measures capture APD’s ability to perform the services at the highest level achieved from the previous year and the “target” level for the new fiscal year. Target levels and percentages are merely goals that may or may not be achieved.

For purposes of the proposed 2021-2022 budget, the Keller Administration made the decision to:

“reimagine how the City looks at performance and progress measures for services to the Albuquerque community. To kick off this work, APD is one of six departments piloting this new approach. As such, the performance measures section will look different from the rest of the departments in this document.”

(2022 Proposed APD Budget, page 149, INNOVATION introduction)

The result of the “reimagining” is a total absence of many statics from the previous fiscal years of 2019, 2020 and 2021 for response times. .Because of the so called “reimagining”, actual performance statistics from previous years are deleted in the proposed budget and only “targeted statistics” for the 2022 fiscal year are provided.

The total number of 911 calls listed in the approved 2020-2021 budget are as follows:

Number of 911 calls answered in 2018 were 338,765.
Number of 911 calls answered in 2019 were 345,729.
Number of 911 calls answered mid-year 2021 were 177,465
Absent from the budget are any response times to the 911 calls.

REASONS FOR HIGH RESPONSE TIMES

One of the biggest reasons for the dramatic increase in response times is the reduction in the number of sworn police patrolling the street 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 10 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 sworn 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, including 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 during his first year in office.

Early 2011, APD was staffed with nearly 1,100 sworn police officers. In 2011, it took an average of 25 minutes for an officer to respond to a 911 emergency call. It was in 2016 that APD’s manpower dropped. Currently, APD has about 950 to 970 officers.

In 2019, APD hired 117 sworn police, including laterals. But not all of those officers were assigned to patrolling the streets. Upwards of 60 sworn police are assigned to the compliance bureau of APD for the Department of Justice Court Approved Settlement Agreement (CASA).

On January 1, 2020, according to pay stubs on file with the city, APD had 950 sworn police officers. APD lost 22 sworn police attributed to retirements and the Police Academy not keeping up with replacing officers.

Midway through 2015, APD response time to “Priority 1” calls, which included shootings, robberies, finding dead bodies and car wrecks with injuries, was 11 minutes and 12 seconds. In fiscal year 2016, APD actual response time to “Priority 1” calls was 11 minutes and 35 seconds. In fiscal year 2017, APD actual response time to “Priority 1” calls was 12 minutes and 16 seconds. In 2019, that time period spiked to 48 minutes as the average response time.

On March 2, 2020, it was reported that 911 APD response time increases by 93% to 45 minutes as the average response time.

https://www.petedinelli.com/2020/03/02/apd-homicide-clearance-rate-drops-from-80-to-52-911-response-time-increases-by-93-to-48-minutes-average-response-time-abq-journal-weighs-in-on-homicide-clearance-rate/

SHIFT CHANGES ANNOUCED IN ATTEMPT TO FIGHT CRIME

On July 20, APD announced plans to change officer shifts in an attempt to fight crime across the city. According to APD, it will increase coverage during peak periods, and on Wednesdays it will increase patrols by 33% and on Thursdays by 46%. APD said some officers will switch from four 10-hour shifts a week, referred to as “4-10’s”, to five 8-hour referred to as “5-8s”. An APD spokesperson said APD as of mid July, APD has 939 sworn officers.

Not at all surprising, Albuquerque Police’s Union President Shaun Willoughby said police officers are overworked and condemned the management decision saying it will have a negative impact on morale and said:

“Officers are exhausted, they’re stressed out, they love that extra three days. Most of them are really, really disgruntled they’re disgruntled and disappointed about it. .. It’s just another morale hit, officers are like, ‘I just got to find another job. … The truth of the matter is [APD management] have a very serious problem on their hands [as to personnel numbers] and I don’t think they know what to do about it.”

An APD Spokesperson responded by noting the department has 48 officers expected to graduate the APD academy in October, and 100 cadets will head to the academy by the end of the year and said:

“Our aggressive recruiting efforts are paying off, and we are about to announce new incentives that will help us keep the momentum.”

An APD spokesperson said department has 939 sworn officers right and soon there after the hiring bonuses were announced.

https://www.kob.com/albuquerque-news/apd-announces-plans-to-cover-more-ground-with-shift-changes/6190380/?cat=500

PROS AND CONS OF 4-10s and 5-8s

Research has proven that shift length has does have varying effect on an officer’s performance. The problem for management, it is deciding on what is the perfect length to deal with current problems. According to the research, short shifts do make it a little more difficult to make sure you have 24×7 coverage. On the other hand, having shifts that are too long puts police officers at a higher risk of fatigue, which can affect their performance.

According to the Police Foundation’s research, shift length impacts an officer’s performance, overtime use, safety, health and quality of life. The Police Foundation studied 8-hour shifts and 10-hour shifts.

There are pros and cons to the 2 traditional shift lengths in law enforcement which need to be considered to help determine the best fit for work life quality in a police department. The police foundation found the following:

8 HOUR SHIFTS (5-8s)

Pros
• Manageable for officers to stay alert throughout the shift
• Officers will be more available to pick up overtime shifts
• Officers have more personal time
• May be easier to get open shifts filled because of the shorter shift

Cons
• Shorter shifts become more complex to manage
• Officers work more days per week
• Officers filling an open shift will only earn 8 hours of overtime
• Studies have shown that officers on 8-hour shifts work significantly more overtime which will likely be a problem for APD given the recent controversy on overtime fraud.

10 HOUR SHIFTS (4-10’s)

Pros
• Manageable for officers to stay alert throughout the shift
• Will only have to work 4 days a week for regularly scheduled shifts
• Depending on your department size, 10-hour shifts can maximize savings

Cons
• Longer days compared to 8-hour shifts.
• Complex to manage
• What is best for one APD unit such as field services, may not necessarily be best for another specialized unit such as homicide.

The link to source material is here:

https://www.shift-schedule-design.com/Blog?m8:post=10-hour-shift-schedules-and-police-management

APD PAY RATES

The Albuquerque Police Department is one of the best paid departments in the country when you add base pay, longevity pay, overtime pay and consider that a APD officer can retire with 20 to 25 years of service and be paid upwards of 80% of their high 3 wages for the rest of their life.

Starting pay for an APD Police Officer immediately out of the APD academy is $29 an hour or $60,320 yearly. (40 hour work week X 52 weeks in a year = 2,080 hours worked in a year X $29 paid hourly = $60,320.)

Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly. (40-hour work weeks in a year X 52 weeks in a year = 2,080 hours worked in a year X $30 paid hourly = $62,400.)

Senior Police Officers with 15 years or more experience are paid $31.50 an hour or $65,520 yearly. (40 hours work in a week X 52 weeks in year = 2,080 hours worked in a year X $31.50 = $65,520.)

The hourly pay rate for APD Sergeants is $35 an hour, or $72,800. (40-hour work week X 52 weeks in a year = 2080 hours worked in a year X $35.0 paid hourly = $72,800.)
The hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200. (40 hour work week X 52 weeks in a year = 2080 hours worked in a year X $40.00 = $83,200.)

LONGEVITY PAY ADDED TO BASE PAY

In addition to the base pay rates, APD police officers are also paid longevity bonus pay added to their pay at the end of the year. Following are the longevity pay rates:

For 5 years of experience: $100 are paid bi-weekly, or $2,600 yearly
For 6 years of experience: $125 are paid bi-weekly, or $3,250 yearly
For 7 to 9 years of experience: $225 are paid bi-weekly, or $5,800 yearly
For 10 to 12 years of experience: $300 are paid bi-weekly, or $7,800 yearly
For 13 to 15 years o experience: $350 are paid bi-weekly, or $9,100 yearly
For 16 to 17 years or more: $450 are paid bi-weekly, or $11,700 yearly
For 18 or more years of experience: $600 are paid bi-weekly, 15,600 yearly

COMMENTARY AND ANALYSIS

It is painfully obvious that APD has become a mere shell of a once great law enforcement department. The downward spiral began with 1,100 sworn police in 2010 until it hit a low mark in 2017 with 850 sworn police. For the past 4 years, Mayor Tim Keller has attempted to grow the department to 1,200 essentially spinning his wheels and making very little progress with the number of sworn police. As of July 24, 2021 at 940 with a mere 363 sworn officers assigned to the field services to patrol the streets of Albuquerque, Keller has failed with APD.

Mayor Tim Keller APD Spokesman Gilbert Gallegos have said that during the first 3 years of Mayor Keller’s 4-year term, APD has hired 100 officers a year. What they do not say is that 65% of those hires have been offset by resignations, retirements and terminations. When Keller was sworn into office there were 861 sworn police. If the Keller Administration in fact has hired 100 new officers a year over 3 years as claimed, you add the new 300 sworn police to the 861 sworn when Keller became Mayor to arrive at a 1,161 total number. You then subtract the current number of 940 sworn police from the 1,161 total which means APD lost 221 sworn police officers over 3 years. In other words, 65% of the 300 hires over the last 3 years have been lost to retirement, transfers or terminations and now need to be replaced.

When you offer $15,000 bonuses for lateral hires, what happens is that those officers are not making a long-term career commitment to stay with APD. What the lateral hires are doing is taking the bonus, hired at a higher salary for a few years to cap off their retirement pay and then move on as quickly as they can and retire. This is exactly what happened in the early part of Keller’s term. APD began a process of raiding other New Mexico law enforcement departments offering higher wages and bonuses. Keller actually called it “poaching”.

Former Chief Geier recruited many from the Rio Rancho police department where he retired. The first year of lateral hires resulted in 70 lateral transfer hires. Three years later, APD Spokesman Gilbert Gallegos revealed that most of those 70 laterals were no longer employed with APD and retired or moved on. Offering the bonus pay for new cadets being recruited to start their careers would likely be far more successful with a 5 year commitment from the new officers.

It’s likely that the sign on bonuses of $15,000 for lateral police officers, $5,000 for cadets $1,500 for police service aides will have some limited success but in the long run not make much of a difference. Paying more money to APD police officers to stay has been tried before, is still going on and has not worked. APD pay is already some of the highest law enforcement pay in the country when you add base pay, overtime, longevity pay, insurance benefits and retirement program and the city is still having a problem with retentions of experienced cops.

Police Union President Willoughby says that APD has a “retention and recruiting problem”. Nothing gets past Sherlock Holmes Willoughby as he states the obvious that is well known. His call for a comprehensive study to be done on staffing and daily workloads are counterproductive and a waste of time and taxpayer money. There have have been staffing studies done ad nauseum that have made it clear what the city needs is at least 1,200 sworn police, not the 960 we now have. Further at least 70% to 75% of sworn officers need to be assigned to the field services, and not the mere 369 patrol officers, for six area commands and 3 shifts, currently assigned.

When it comes to APD, “5-8” shifts have been an “on and off again” approach to deal with personnel shortages. Changing hourly shifts from 4-10s to 5-8s hour shifts has always been problematic for the APD Union. The APD Police Union prefers “4-10” shifts primarily for morale considerations while police management prefers the 5-8’s to allow more coverage to patrol the streets.

The only solution to both problems is hiring more sworn police and getting the department to the 1,200 staffing level of sworn police and assigning a larger percentage to the field services to patrol the streets and take calls for service.

The National Association of Industrial and Office Parks (NAIOP) is considered one of the most influential and largest business organizations in the city. The membership consists of the “who’s who” of the city’s commercial real estate developers, construction contractors, realtors and architects. NAIOP is known to openly oppose city regulations, zoning restrictions, increases in taxes no matter how justified, oppose hourly wage increases, promote “right to work laws”, oppose mandatory sick leave policies for businesses, oppose unions, and oppose the city demanding union wages on city construction projects.

On Tuesday, August 8, Sheriff and Candidate for Mayor Manny Gonzales appeared before the local chapter of the National Association of Industrial Office Parks (NAIOP), the commercial real estate development organization. Gonzales gave a brief speech and fielded questions from the audience. Many in the audience used the opportunity heap praise on Gonzales. What was downplayed in the news coverage of the event was that Sheriff Manny Gonzales told the crowd that as Mayor he plans to consolidate the Albuquerque Police Department and the Bernalillo County Sheriff’s Office.

The link to news material is here:

https://www.abqjournal.com/2420325/gonzales-campaign-financing-remains-in-limbo.html

COMMENTARY AND ANALYSIS

Ostensibly, Manny Gonzales has read the blog article dated July 22, 2020 entitled “Defund APD And BCSO; Create ABBCO Police Authority With Civilian Governing Board And ABBCO Police Authority Commissioner” and the letter to the Albuquerque Journal dated September 28, 2020 entitled Defund APD, BCSO for one Police Authority. Both columns go into great detail why such a consolidation is needed, how it would be accomplished, the hurdles that must be overcome and the logistics of what is required. The links to both columns are below.

It’s obvious Manny Gonzales thinks he owns the Office of Bernalillo County Sheriff and as Mayor he will own the APD and be able to consolidate both agencies on his own. The blunt truth is that Gonzales is shooting his mouth off announcing plans he has absolutely no authority to do as Mayor in order to pander to a Republican leaning organization of movers and shakers who may donate to his campaign.

CONTRADICTS HIS ENTIRE CAREER

Sheriff Manny Gonzales began his law enforcement career on August 14th, 1989 with the Bernalillo County Sheriff’s Office. Over the span of 30 plus years with the Bernalillo County Sherriff’s Office, Gonzales was known to oppose consolidation of Bernalillo County and City Government. During the last 7 years as Bernalillo County Sherriff, Gonzales never appeared before the Bernalillo County Commission to ask for or promote the consolidation of both departments. One thing for certain is that Gonzales was never interested working with APD, especially after he decided to run for mayor 2 years ago and began sweeps in the Albuquerque SE Heights to upstage Mayor Keller and APD Chief Harold Medina.

GONZALES OPPOSTION TO DOJ REFORMS

On November 10, 2014 the City and APD entered into a federal Court Approved Settlement Agreement (CASA) mandating sweeping changes to APD policy and training on the use of force and deadly force. For the last 7 years the City and APD have been struggling to implement 176 reforms and have spent millions on the reforms.

On March 21, 2021, Sheriff Gonzales gave his opinion of the Department of Justice consent agreement with the Albuquerque Police Department and other issues and had this to say:

“APD officers are working in an environment to fail. … they are subjected to being assaulted, battered, spit on and second-guessed. … [Bail reform] has failed miserably. It did reduce the jail population but at the expense of public safety. … [The matrix] used by the court’s to determine which defendants are eligible for release [is] fuel to the fire. It should be banished as a reliable matrix … It emboldens criminals. … Sanctuary city attracts criminals to Albuquerque.”

A link to source material is here:

https://www.abqjournal.com/2371964/sheriffs-childhood-dream-keeping-people-safe.html

Gonzales has nothing good to say at all about the need for the reforms. His opinion expressed showed a level of ignorance of the Court Approved Settlement Agreement and what brought the department of justice to Albuquerque in the first place.

It is known to many in law enforcement that Gonzales has significant reservation and disagreements with the federal Court Approved Settlement Agreement (CASA). Confidential sources say Gonzales intends to campaign for Mayor on a platform to dismiss the federal court case and abolish all the reforms imposed upon APD and he wants the case to be dismissed.

Just a few of the DOJ reforms Sheriff Manny Gonzales is likely to find very problematic and object to as Mayor Gonzales are:

1.The new “use of force” and “use of deadly force” policies that have been written, implemented and all APD sworn have received training on.

2. The implemented and strict “Constitutional policing” practices and methods, and mandatory crisis intervention techniques and de-escalation tactics with the mentally ill that must now be used.

3. APD’s “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force by APD Officers.

4. APD’s system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.

5. APD’s revised and updated policies on the mandatory use of lapel cameras by all sworn police officers.

6. The new Civilian Police Oversight Agency created, funded, and fully staffed.

7. The Community Policing Counsels (CPCs) created in all area commands and recommendations made by the CPCs to the Chief on discipline.

8. The Mental Health Advisory Committee for APD.

Unless a candidate for Mayor Manny Gonzales can agree with all the mandatory requirements of the Department of Justice (DOJ), it is likely his election as Mayor will be a major setback to the reforms. As Mayor, he will give APD the leeway to return to unconstitutional policing practices as he did with the Sheriff’s Office, such as when he allowed shooting at suspects in fleeing cars.

THE RACE TO REPLACE

At this point in time there are at least 4 candidates running to replace Gonzales as sheriff. Those individuals are:

1. Democrat Phil Snedecker, a retired NM State Police Officer and former Sheriff of Quay County who now is employed by probation and parole
2. Former Democrat State Representative Patricio Ruiloba
3. Democrat John Allen, a retired BCSO Sergeant
4. Republican Paul Pacheco, former New Mexico Republican State Representative and retired APD Officer and APD Police Union President

Now that Gonzales is termed out and unable to run for another term as sheriff and running for Mayor, it is not at all likely that he cares about others who now want to replace him as Bernalillo County Sheriff. Gonzales acts like the BCSO is his own personal property to do with it as he pleases, and will think the same about APD if he becomes Mayor. One thing for certain, the Office of Bernalillo County Sheriff is a constitutionally created elected office and it is highly likely not one of the 4 running to replace Gonzales will want to the office to be consolidated with APD.

GONZALES WOULD BE DISASTER AS MAYOR

When it comes to the Sheriff’s Department under Manny Gonzales, it is clear that the department is way behind the times when it comes to constitutional policing practices. Sheriff Gonzales for years has resisted civilian oversight of BCSO often ignoring the citizen advisory board recommendations. Most recently, Sheriff Gonzales resisted the Bernalillo County District Attorney’s efforts to have BCSO comply with U.S. Supreme Court mandated disclosures of police misconduct of officers who testify in court.

One of the biggest problems is that Bernalillo County Sheriff Manny Gonzales has shown himself to be a law enforcement “throw back” to by gone days proceeding the Black Lives Matter movement, especially with his refusal to order the use of lapel cameras before the State legislature mandated it and his resistance to make mandatory disclosures of officer misconduct to the District Attorney’s office as mandated by the United States Supreme Court.

In a 2-year period Bernalillo County has been forced to pay out $8,595,000 in settlements involving the Bernalillo County Sheriff’s Office, all under Sheriff Gonzales’ watch, for deadly force and civil rights violations. It appears to be a question of not if but when the BCSO will get hit with another use of deadly force case unless the department does a major review of its practices and training and as Sheriff Gonzales moves on and his term expires in 2022.

Frankly, there are too many reasons a Mayor Manny Gonzales would be a disaster as Mayor. You do not replace one disaster with an even bigger law enforcement disaster such as Gonzales or a Der Führer Trump Republican such as Eddy Aragon. Voters will likely be more comfortable keeping the disaster and failure we already have as a Mayor.

Dinelli ABQ Journal Guest Column: Defund APD, BCSO For One Police Authority

Defund APD And BCSO; Create ABBCO Police Authority With Civilian Governing Board And ABBCO Police Authority Commissioner

In the wake of the killing of 13 year old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student as well as the city breaking the all-time homicide rate with 81 murders, New Mexico Governor Michelle Lujan Grisham is sending 35 New Mexico State Police Officers to the city. She also announced that she is open to adding firearms legislation to the 2022 thirty day legislative session that begins in January.

NEW MEXICO STATE POLICE GOES TO TIM KELLER’S RESCUE

On Monday, August 16, Governor Michelle Lujan Grisham announced that she had order 35 New Mexico State Police ( NMSP) officers to begin “proactive operations” and crime suppression operations in the Albuquerque area starting on Tuesday, August 17. The 35 NMSP officers will be assigned to a 3-week-long operation in Albuquerque. State Police Officers will conduct operations along I-25 and I-40 in Bernalillo County. They will also be on highways during peak traffic hours. Currently, 42 state police officers are stationed in the metro area, but they patrol the area from Bernalillo to Los Lunas and Grants to Edgewood. The additional 35 State Police will concentrate on Albuquerque.

According to a news release, NMSP will be working with the New Mexico Department of Corrections and Adult Probation and Parole Department. The state department will work together to target criminals who have outstanding warrants for violent crimes and are believed to be involved in ongoing criminal activity in the city.

Governor Michelle Lujan Grisham had this to say:

“We know from our last effort there were a lot of arrests made. We think this is going to make an impact and we’re going to continue to go after fugitives right and we’ve got felony warrants, people out. It takes all of us working together to get these people picked up and held.”

Tim Johnson, Chief of the New Mexico State Police, had this to say in a news release:

“Proactive crime suppression efforts can help solve crimes and often help prevent crime in the Albuquerque Metro area. … “Citizens have described the driving on the interstates in Albuquerque as chaotic, often leaving them feeling unsafe or frightened. Shootings, murder and overall violent crime feels like a daily occurrence in the metro, we hope our plan can help slow this trend.”

The assignment of State Police will be the second time in as many years that the Governor has ordered state police to the city, but this second time is dramatically different. It was in May, 2019 following the shooting of the University of New Mexico baseball player Jackson Weller outside of a Nob Hill bar that 50 state police officers were pulled from communities all over the state and patrolled the metro for two months. The state police arrested 738 people and doing more than 14,000 traffic stops. The 35 state police being sent this time will be tasked with concentrating on outstanding warrants for violent crimes.

KELLER CLAIMS CREDIT

Albuquerque Mayor Tim Keller said it was he who asked the Governor for help with the violent crime in the city. Keller claimed this go around is different than the first time when state police were sent in 2019 and said that this is not a “Metro Surge” but a “collaboration”. Keller stated:

“The reason why it’s so different is because this is focused on helping Albuquerque with what it needs. … And that specifically is help with homicides and investigations. …We gotta not point fingers. This is every agency’s fault. This is every elected official’s fault. We’re taking responsibility and we’re asking others to join us in a collective ask for what we’re actually going to do about it.”

https://www.krqe.com/news/crime/state-police-headed-to-albuquerque-to-help-with-crime/

https://www.kob.com/albuquerque-news/mayor-keller-speaks-on-collaboration-with-state-police/6209697/?cat=500

35 STATE POLICE TO CITY AFTER KELLER AND MEDINA BOTH ADMIT FAILURE

APD is currently investigating 83 homicides, which breaks the all time record for one year, and with well over 4 months left in the year. It was on August 3, 2021, Mayor Tim Keller held a press conference and essentially acknowledge that he and his handpicked APD Chief Medina are totally unable to stop the carnage in Albuquerque.
APD Chief Harold Medina had this to say:

“We knew we were going to break the record. … It’s something not only the city of Albuquerque is facing, it’s a national trend. … Back in January, we talked about hotels. We talked about the increase of homicides at hotels. The past few weeks we’ve talked about hotels, midnight to 5 in the morning and narcotics activities, and what’s going on behind us has all three of those elements. … The bottom line is, yes there is a lot of crime, without a doubt … there’s a lot of things going on during this midst of this pandemic that is leading to this rash in homicides.

We’re stretched thin with resources in a lot of ways and I’m not shy in saying that. I may make a decision to give homicide additional resources, but that may mean that some of the requirements of our court settlement agreement, where they want me to give more people to the academy or internal affairs, may have to be on hold as we try and get resources to fight crime in the city.”

Mayor Tim Keller for his part admitted the city will see a record number of murders this year and he too said it was a national trend and said:

“We obviously had two homicides this morning and our team is working on them. … The majority of homicides in Albuquerque are very specific. … They’re tied to drugs, they’re tied to guns and they’re tied to motels and they happen from midnight to five am and they usually involve males between 25 to 35. … We know El Paso’s homicide rate is up 150%. Fresno is up 300%. Oakland is up 200%. Portland is over 1,000%. … We do expect these trends to continue and I do expect Albuquerque to break 100 [homicides] this fall.”

Keller added that there’s not one single answer to make all violent crime disappear and his administration is working with local and state agencies to find ways to cut it down.

https://www.krqe.com/news/crime/records-show-high-amount-of-apd-emergency-calls-are-at-motels-hotels/

2022 NEW MEXICO LEGISLATIVE AGENDA

During her announcement of sending 35 State Police to Albuquerque, Governor Lujan Grisham took the opportunity to make a pitch to the legislature asking for funding to get the NMSP force up to 1,000. According to the Governor, if that happens, more operations such as what has been ordered in Albuquerque can happen all over the state.

On Monday, August 16 it was reported that New Mexico lawmakers will ask Gov. Michelle Lujan Grisham to add crime and firearms legislation to the 2022 legislative agenda. Proposals for the session comes as legislators are preparing for two legislative sessions: a special redistricting session later this year and a 30-day regular session starting January 18, 2022.

The 2022 Legislative session is what is referred to as a short session, meaning it will last 30 days, and the Governor is empowered to set the agenda for such sessions. The agendas for 30 day sessions are limited to budget and tax legislation, proposed constitutional amendments and previously vetoed bills.

A few of the ideas being suggested for the 30 day session include imposing tougher criminal penalties, authorizing extra money to hire more sworn police and requiring gun owners to lock up their firearms. Governor’s Spokeswoman Nora Meyers Sackett said Lujan Grisham is “open-minded” to such legislation and said:

“Crime and criminal justice are absolutely among the topics that the governor is interested in pursuing early next year. … She plans on discussing with legislative leadership, as well as some that she has raised already, … and we’re optimistic that some of those will gain consensus as we move towards the session.”

House Speaker Brian Egolf, D-Santa Fe, for his part said he and Lujan Grisham have been discussing legislation for the upcoming session and Speaker Egolf said in a written statement:

“… The governor and I are in close conversation about getting effective crime-fighting legislation on the call next session, including a serious investment in funding 1,000 new law enforcement officers over 10 years who would also be trained in community-oriented policing. … Too many New Mexicans are worried about their safety and their property in their own neighborhoods. ”

PAST FAILED LEGISLATION BEING PROPOSED

One proposal that is being suggested again is to make it a crime to fail to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users. The renewal of the proposal is directly related to the killing 13 year old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student. The gun used to kill the child is said to belong to the shooters father. During the 2020 legislative session, the legislation died in committee and was never given any kind of a hearing.

Republican State Representative Bill Rehm said he reached out to the Governor to review legislation he has sponsored in the past and that has failed. Rehm has proposed in the past lifting the six-year statute of limitations on second-degree murder charges, expanding New Mexico’s three-strikes law, revising the bail system and making it a felony to take a gun to a drug transaction.

Democratic lawmakers usually block proposals to enhance criminal sentences, but tougher penalties have sometimes won approval as part of broader anti-crime packages.

For a full report, link to quoted source material is here:

https://www.abqjournal.com/2420184/lujan-grisham-open-minded-as-lawmakers-pitch-crime-bills.html

COMMENTARY AND ANALYSIS

Exactly 4 years ago, in August, 2017, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates:

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

KELLER DEFLECTS HIS FAILURE TO DEAL WITH VIOLENT CRIME TO OTHERS

Fast forward to August 16, 2021. When Mayor Tim Keller says “We gotta not point fingers. This is every agency’s fault. This is every elected official’s fault. … “ he is clearly trying to deflect the fact that he has been a failure at reducing the city’s high violent crime rates as he promised when he ran in 2017. Keller has recently begun to blame the Covid Pandemic as contributing to the increases in violent crimes and saying it’s a “national tend”.

NATIONAL VIOLENT CRIME TREND IN CITY BEFORE COVID

During his first full 3 years in office, Mayor Keller initiated numerous crime-fighting initiatives. All were initiated before the pandemic hit the city hard in February of last year. March 11, 2020 is when the Corona Virus was declared a worldwide pandemic and the country began to shut down and people began to quarantine and businesses began to close.

The blunt truth is that for a good 3 years BEFORE the COVID pandemic hit the city hard in 2020 under Keller’s watch, crime rates were spiking, so much so that then candidate for Mayor Tim Keller made reducing the city’s crime rates a cornerstone to his campaign. He proclaimed himself to be uniquely qualified to be Mayor and went so far as to promise that he would hire 300 sworn police officers and grow the department to 1,200 sworn police offices by the end of his first term. Today, the department has 960 sworn police and the police academy cannot keep up with retirements.

Its laughable that Keller would say “We gotta not point fingers. This is every agency’s fault. … “ when pointing fingers and not assuming responsibility is all Keller has ever done since being elected Mayor. He is known for pointing fingers at those he himself has appointed in law enforcement such as former APD Chief Michael Geier for failing to implement the DOJ reforms and not preventing the police overtime scandal. Now Keller is saying it is “every agencies fault” then he does not understand the real function of law enforcement is to enforce the law, investigate and prosecute crimes.

The Albuquerque Police Department is fully funded for 1,100 sworn police, but the number of APD police officers patrolling the street of Albuquerque is dangerously low. As of July 24, 2021, APD has 940 sworn police according to city personnel records, but only 369 are actually patrolling the streets of the city. According to an 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

The 369 patrol officers are divided into 6 area commands and 3 separate shifts. It is clearly an APD management failing to assign sufficient personnel where it is needed.

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

Keller and company are simply not getting the job done. One solution Keller could do is order all APD sergeants, lieutenants and captains back into their patrol cars to assist patrolling the streets of Albuquerque for the 3 week period to handle fugitive complaints and outstanding arrest warrants, but instead Keller runs to the Governor for help.

CALL SPECIAL SESSION ON CRIME AND GUN CONTROL

A thirty-day legislative sessions, also known as a short session, are supposed to be limited to budget and tax legislation, proposed constitutional amendments and previously vetoed bills. It would be a major mistake for the New Mexico Legislature to even attempt to tackle enactment of crime legislation, even though it is desperately needed at this time.

What the Governor should consider is a Special Legislative Session to immediately follow the 30 days session to deal exclusively with crime and responsible gun control legislation.

A special legislature should consider the following:

1.Enact legislation making it a crime to fail to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users.

2.Review additional bail bond reforms and statutorily empower judges with more authority and more discretion to hold and jail those pending trial who have prior violent crime convictions.

3. Enact legislation that either bans “citizen militias” entirely or regulate all citizens militias.

Citizen militias need to be define along similar lines of how “gangs” are defined under federal criminal law or state law.

The link to a related blog article is here:

https://www.petedinelli.com/2020/07/08/us-congress-and-nm-legislature-must-ban-citizen-militias-or-enact-citizens-militia-registration-act-sweeping-responsible-gun-control-legislation-also-needed/

4. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

5. Requiring in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

6. Enact a gun violence restraining order and extreme risk protection process to temporarily prohibit an individual deemed by a judge to pose a danger to self or others, from purchasing or possessing firearms or ammunition and allow law local law enforcement to remove any firearms or ammunition already in the individual’s possession.

7. Restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person, including dating partners, convicted of a domestic violence misdemeanor.

8. Mandate and fund public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

9. Repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

FINAL COMMENT

Without reasonable and responsible gun control legislation, and aggressive law enforcement and prosecution of violent criminals, New Mexico and Albuquerque will continue have spiking violent crime and such rates will be the new normal.

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

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

According to the newly released audit, it is the 7th audit performed on APD overtime practices since 2014. The audit includes the second term of previous Republican Richard Berry and the first 2 ½ years of Democrat Mayor Tim Keller’s 4-year term. The 6 prior audits resulted in 17 findings and recommendation made. There was an absolute failure by APD command staff to carry out and implement the changes needed to solve the overtime problem. The released audit identified that certain APD police union contract terms and conditions are in violations of the Federal Labor Fair Standards act and that the police union contract has contributed significantly to the overtime pay abuse by rank-and-file police officers.

The links to quoted news source material are here:

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

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

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

CITY RESPONSE

When the Porch & Associates Audit Report was released on August 6, the Keller Administration, including Mayor Tim Keller, Chief Harold Medina and APD Spokesperson Gilbert Gallegos, placed all the blame on former Chief of Police Michael Geier for failure to address the overtime abuse and giving preferential treatment to a select few. the Keller Administration issued a harsh statement blaming Mayor Tim Keller’s appointed former APD Police Chief Michael Geier for all the overtime abuse problems. The statement said in part:

“The former chief knowingly covered up overtime abuses and helped his favored employees’ game the system to enrich themselves. … The report makes it clear that the ‘tone at the top’ of APD was a major driver of the abuse and the failure to make needed changes. We didn’t hesitate to take bold action to remove the top cop and get the department back on track.”

Chief Geier for his part issued a press release denying the accusation saying he came up with a plan to prevent the overtime abuse, including a 25 hour weekly overtime cap, and saying it was Mayor Tim Keller who interfered with him making changes to the overtime.

Chief Harold Medina had this to say:

“The overtime problems with APD have occurred since I can remember coming on this department. … So there’s been a lot of people who could have taken action quicker than they did … I do know that it was a priority of ours. We did make the decision to put up a special order as quickly as possible. And we’re also working on auditing ourselves and creating a system where we try to catch things earlier. We encourage that type of oversight within the department.”

The link to the quoted source material is here:

https://www.abqjournal.com/2419877/seventh-audit-cites-apd-overtime-problems.html

STATE AUDITOR COLÓN

In an interview, State Auditor Colón said he thinks his offices latest audit will make a difference. He said an annual audit for the city will look at this issue next year and added:

“I think the city has articulated that they’re committed to addressing these findings and to embracing these recommendations … I’ve met with the chief of police, and he has indicated that some of these 22 recommendations have already been implemented. We’re optimistic that as we continue to keep the pressure on we’ll get into a situation where we have 100% compliance.”

The link to the quoted source material is here:

https://www.abqjournal.com/2419877/seventh-audit-cites-apd-overtime-problems.html

7th SPECIAL AUDIT REPORT HIGHLIGHTS FAILURES TO DEAL WITH OVERTIME ABUSE

The Porch & Associates Audit identifies the major failures of APD dealing with overtime abuse. Those failures are:

1. The failure of APD supervisors to properly monitor and pre-approve officer overtime. There is a lack of internal controls for leave requests. The special audit specifically named now-former police officer and APD Spokesman Simon Drobik. Last year a separate APD Internal Affairs investigation found he had committed rampant fraud.

2. As examples of fraud committed, the review of leave requests found that there was no record of leave request forms for one officer. In another instance an APD employee utilized system software to approve their own time resulting in over $8,000 dollars in overtime. Whether the time claimed was actually worked is unknown. In another instance, an officer submitted and was compensated for being “On call Status” 581 times in 2018. During those 51 weeks the officer worked 207 Chief’s Overtime Assignments. This is in direct violation of APD policy. Yet the officer knowing and repeatedly violated the policy to enrich himself. Despite the lack of supervision from the department, an officer’s moral code of ethics does not allow an officer to continually violate policy, especially for their own gains. The investigative report also found the officer submitted for 56 hours of compensation for 28 occasions on which he ran with the recruits at the Police Academy.

3. The overtime practice where officers who are on vacation or paid time off can use those hours as the basis for claiming overtime pay. The audit was clear that “parts of the APOA collective bargaining agreement (CBA) that allow for excess overtime compensation” are not allowed and violate the federal Fair Labor Standards Act. In particular, there is a Memorandum of Understanding (MOU) called a “12 Hour MOU” that deals with overtime, compensation time, work shift designation policy and what is referred to as a “comp time bucket”. According to one audit, the MOU is “scarcely followed”. Additionally, there is no clear indication or definition of the Department’s minimum staffing levels for shifts worked.

4. APD standard operating procedures are not being updated to in include changing and conflicting overtime policies. Several Department policies, including Standard Operating Procedures for overtime, compensatory time, and work shift designations, have not been reviewed or updated since March 10, 2016. Many rank and file officers as well as their supervisors, which are the Lieutenants and Sergeants who approve overtime, are confused as to what the overtime policies actually are and what they mean. Instead of getting any clarification or definitive answers from the Human Resources Department, they simply developed their own interpretations and allowed questionable overtime pay.

5. APD Officers are allowed to work “Chief’s Overtime”, which is working for a private company paying for security at the same time they are on on-call status with APD. The practice is a clear violation of APD personnel rules and regulations. The SOP policies are simply ignored and the overtime is allowed by supervisors to happen. The Porch & Associates Audit found a lack of internal controls and deficiencies for Chief’s Overtime. The Department’s policy does not list or define the eligibility requirements for officers working Chief’s Overtime. Although supervisory approval is required for other types of overtime, it is not required for Chief’s Overtime. Sworn police officers are allowed to cancel their regular shifts in order to work Chief’s Overtime which is more lucrative for the officer.

6. There is automatic award of two-hour overtime award, which pays time and a half per hour, for officers who have to appear in court for Driving While Intoxicating (DWI) arraignment and trials and traffic ticket violations they write. Even though a court appearance may take only 15 minutes, the officer is allowed to claim and be paid a full 2 hours of overtime at time and a half pay as mandated by the union contract. The system encourages officers to settle cases quickly so they can go home and collect 2 hours of overtime and not work the hours of overtime paid.

7. APD doesn’t monitor officer overtime for irregular activity. The Department does not have a policy or procedure in place that prevents and detects overlapping or incorrect reported time. APD does not reconcile its overtime transactions between its timekeeping and payroll systems thereby contributing to inappropriate and prohibited overtime pay at time and a half.

SUMMARY OF 5 RECOMMENDATIONS MADE IN PORCH & ASSOCIATES AUDIT

The newly released Porch & Associates Audit makes the following 5 major recommendations:

1. “It is recommended that the City negotiate with APOA to remove the guaranteed overtime and replace it with actual time. Actual time would start when the officer leaves their home, or work assignment if after a normal shift, through the time they get home.”

2. Establishing a memorandum of understanding with Metro Court and the District Court for scheduling APD Officers’ court appearances to limit officer court appearances and optimize scheduling of officer court appearances

3. “APD should consider working with the court system to implementing night court for cases that do not require a jury.”

4. “APD needs to work with the court system to use video appearances for officers going forward, and to eliminate in person appearances where possible.”

5. The Porch & Associates Audit found that people who supervise officers have developed procedures, which they then provide to other officers via on-the-job training. The audit report recommends that these informal policies and procedures be documented and included in the next version of the APD Standard Operating Procedures.

CITY HALL SALARIES WITH APD POLICE PAY HIGHEST

There are 6,966 Albuquerque City employee according to personnel record. As of July 24, 2021, APD has 940 sworn police according to city personnel records A person’s annual salary is calculated based upon the hourly wage paid to an employee times 2,080 hours worked representing a 40-hour work week for 52 weeks in a year.

The average employee salary for the city of Albuquerque in 2020 was $44,475 or $21.38 an hour. This is 27.8% lower than the national average for government employees and 34.7% lower than other cities.

https://openpayrolls.com/city/albuquerque-nm#:~:text=The%20average%20employee%20salary%20for,records%20for%20Albuquerque%2C%20New%20Mexico.

Hourly pay for an APD Police Officer is between $29 an hour right out of the APD Academy, or $60,320 yearly, and $31.50 an hour or $65,520 yearly, depending on the accumulated years of service.

The hourly pay rate for APD Sergeants is $35 an hour, or $72,800.

The hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200.

2019 AND 2020 LISTS OF 250 HIGHEST PAID CITY HALL WAGE EARNERS INCLUDES 160 SWORN POLICE EACH YEAR

At the beginning of each calendar year, City Hall releases the top 250 wage earners for the previous year. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year.

The Porch & Associates Audit failed to delve into the pervasive problem of overtime within APD involving more than just a few. The 2019 and the 2020 city hall 250 highest paid wage earnings shows the extent of excessive overtime paid to APD sworn police. For both the years of 2019 and 2020, 160 of 250 top paid city hall employees were police who were paid between $107,885.47 to $199,666.40.

To repeat for emphasis, APD rank and file sworn police officer hourly pay rates are between $29 an hour or $60,320 yearly and $31.50 an hour or $65,520 yearly depending upon years of experience. Hourly pay for APD Sergeants is $35 an hour, or $72,800 a year. Hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200 a year.

In 2019, there were 70 APD patrol officers in the list of 250 top paid employees earning pay ranging from $108,167 to $188,844. There were 32 APD lieutenants and 32 APD sergeants in the list of 250 top paid employees earning pay ranging from $108,031 to $164,722 because of overtime.

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

You can find the list of the 250 top city hall wage for 2020 at the link under the caption “Information About City Employees”, “Learn who are the 250 Highest-Paid City Employees”:

https://www.cabq.gov/abq-view

EDITORS NOTE: In the 2020 list of 250 highest paid city hall wage earners, 160 were employed by APD, 42 were employed by the Albuquerque Fire and Rescue Department, 12 were employed by “City Support” services. The number of the top 250 paid city hall employees nose dives thereafter with 4 employed each in the Finance Department and Municipal Affairs Department, 3 were employed each for the Legal Department and IT Department, 2 were employed each for the City Council, Environmental Health Department, Cultural Services Department, and the Chief Administrative Officer, and 1 employed for each of the 12 remaining departments (Aviation Department, Planning Department, Human Resources Department, City Clerk, Transit Department, Office of Inspector General, Economic Development Department, Police Oversight Commission, Mayor’s Office, Parks and Recreation Department, Solid Waste Department and Family Community Services Department.)

When you read all 7 audits, it’s obvious the police union contract has contributed significantly to the overtime abuse. Sergeants and lieutenants, although management, are in the police union bargaining unit along with all those below them they supervise and command. Overtime pay abuse was never curtailed in 2019 nor in 2020 when the Chief’s Office and Deputies, including then Deputy Chief Harold Medina, were ordered by Mayor Tim Keller to reduce overtime abuse. For both the years of 2019 and 2020, there were 160 of 250 top paid city hall employees who were sworn police paid between $107,885 to $199,666 and includes patrol officers, sergeants and lieutenants, all whose base salary is between $60,000 a year and $83,000 a year.

The postscript to this article contains the names, ranks and pay of the 15 top wage earners at APD in the ranks of patrol officers, sergeants and lieutenants for the years 2019 and 2020.

POLICE UNION CONTRACT VIOLATES FEDERAL AND STATE LABOR LAWS

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

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

The audit goes as far as saying terms of the union contract need to be negotiated and that the City can save thousands of dollars in overtime by insisting that the APOA police union and APD follow the Fair Labor Standards Act. The audit also said the City should not bargain away what is established by law.

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

NO MENTION OF UNION CONTRACT VIOLATING STATE LAW

The Porch & Associates Audit downplays and essentially ignores the role of the APD Union membership of Sergeants and Lieutenants and the union contract in the entire overtime abuse scandal.

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

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

The link to the statute is here:

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

COMMENTARY AND ANALYSIS

Police officers earning excessive overtime is nothing new. It has been going on for years. During the last 10 years, the Albuquerque Police Department has consistently gone over its overtime budgets by millions. In fiscal year 2016, APD was funded for $9 million for over time but APD actually spent $13 million. A March, 2017 city internal audit of APD’s overtime spending found police officers “gaming the system” that allows them to accumulate excessive overtime at the expense of other city departments. A city internal audit report released in March, 2017 revealed that the Albuquerque Police Department spent over $3.9 million over its $9 million “overtime” budget.

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

The 6-figure compensation being paid to sworn police can be attributed directly to excessive “overtime” paid. There are nearly a dozen different types of overtime programs within APD. The categories where APD Officers can earn overtime include holiday work, tac-plan initiatives, training, call outs, calls for service, special events, administrative work, investigations, and court appearances. DWI check points and special events like the Balloon Fiesta and security detail for high profile dignitary visits are all events that require an extensive amount of overtime. The police union contract entitles a police officer to be paid “time and a half” when overtime is worked on any given day or week and has a mandatory 2-hour minimum overtime charge for court appearances even if a court appearance last 15 minutes, such as a DWI arraignment and much less than 2 hours time is worked.

MEDINA IGNORES HIS FAILURE OVER THE 3 YEARS AS DEPUTY OF FIELD SERVICES TO REDUCE OVERTIME ABUSE

When APD Chief Harold Medina says “The overtime problems with APD have occurred since I can remember coming on this department. … So there’s been a lot of people who could have taken action quicker than they did” he must think people are stupid enough to believe he was not one of those people. Medina for 3 years prior to becoming Chief was the Deputy Chief for Field Service. As Field Services Deputy, he knew or should have known what was happening with the overtime abuse and he did nothing. As Deputy Chief of Field services, he was ultimately responsible for reigning in the overtime abuse by his field officers. He did not.

It is truly amazing that State Auditor Brian Colón would actually say:

“I think the city has articulated that they’re committed to addressing these findings and to embracing these recommendations. … I’ve met with the chief of police, and he has indicated that some of these 22 recommendations have already been implemented.”

Are you kidding? After 7 special audits finding APD overtime abuse? If Colón truly believes that Mayor Tim Keller and Chief Medina are committed to addressing the overtime scandal, he is a fool. Mayor Keller and APD Chief Medina for the past 4 years have said the same damn thing about implementing the Department of Justice Consent Decree (DOJ) reforms and recommendations, even blaming former APD Chief Michael Geier for failing to implement the DOJ reforms. APD is still failing miserably and nowhere closer to implementing the DOJ reforms as to compliance, yet Colón believes Medina and APD when they say they will implement all the audit recommendations. When Colón says Medina “has indicated that some of these 22 recommendations have already been implemented”, that is “Medina Speak” without proof to deflect his failures as Deputy Chief of Field services for a full 3 years.

State Auditor Brian Colón has already announced he is running for New Mexico Attorney General. To that end, it is strongly recommended that Colón learn and understand what white collar crime and time card fraud is as well as learn how to figure out if and when he is being lied to by anyone, especially by a Mayor and a Chief of Police more concerned about finding a scapegoat in an election year.

Absent from Colón was any recommendations as to what needs to be done other than what is in the audits, which is extremely disappointing. After 7 Audit’s, it is painfully obvious APD incapable of implementing all the recommendations and overseeing itself, something it has failed to do even when it comes to the DOJ reforms and the Court Approved Settlement Agreement (CASA).

NEGOTIATE NEW POLICE UNION CONTRACT TERMS

The two-year police union contract negotiated by the Keller Administration in 2018 expired on July 1, 2020. Negotiations on a new contract have been suspended predominately as a result of the Corona Virus pandemic. When a union contract expires, the terms of the expired contract continue until a new contract is negotiated. Therefore the 2018 contract terms have been extended for over a year.

The Keller Administration needs to demand that the police union contract negotiations be commenced immediately. Among the terms that need to be negotiated are:

1. Remove Lieutenants and Sergeants from the police bargaining unit and make them at will employees in order to conform with state law and federal law that prohibits management from joining the union. When the Porch & Associates Audits says that there is a failure of APD supervisors to properly monitor and pre-approve officer overtime, what it fails to disclose is those supervisors are the management positions of lieutenants and sergeants who are allowed to join the APD police union despite being management. Instead of enforcing limitations on overtime and preventing the overtime abuse, many sergeants and lieutenants simply participate in excessive overtime pay practices themselves and likely approve all overtime submitted by their subordinates to keep them happy and to maintain a working relationship with them and to garner favor with them.

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

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

4. The Albuquerque City Council needs to enact as part of the city’s personnel rules and regulations prohibitions to remove the guaranteed overtime and replace it with actual time. Actual time would start when the officer leaves their home, or work assignment if after a normal shift, through the time they get home.

INITIATE CIVIL ACTION FOR FRAUD TO RECOVER FRAUDULENT OVERTIME PAID

One or more of the audits have identified just a few of the most egregious false fraudulent overtime claims paid by APD employees. It is commonly referred to as “time card” fraud and the city has been successful in the past in making a recovery. The city does have grounds for a civil cause of action to recover the fraudulent overtime pay. To that end, the City Attorney should make immediate demand for repayment of all fraudulent overtime pay and if refused by the employee, terminate them and immediately file a civil collection claim against the employee.

ABOLISH OVERTIME, IMPLEMENT SALARY STRUCTURE

Mayor Keller, Chief Medina and the Police Union President all proclaim that the shortage of APD sworn police is a major culprit in APD busting its overtime budget time and time again. The truth is when APD was fully staffed at 1,100 full time police over 10 years ago and even when the department dropped to as few of 830 sworn police and now at 930 police, the department always busted it overtime budgets. When that happens, it affects other departments because the money must come from somewhere. The point is that as long as overtime is offered, there will be more than a few that will “game the system” which is now proven by the list of 250 top wage earners for the years 2019 and 2020.

One guaranteed way of stopping anyone within APD from gaming the system when it comes to overtime is to simply abolish the existing system of overtime pay and bonus pay. Sooner rather than later, the city and the APD union need to recognize that being a police officer is not trade work justifying hourly wages, but a learned profession that requires employees to work whatever time is necessary to get a day’s work done that may arise in that day. APD police can be compensated with a decent salary and not merely paid hourly wages.

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

A base salary system for all sworn police officers should be implemented with step increases for length of service. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same. If more time is needed to complete a workload or assignments for the day, the salaried police officer would work it for the same salary with no overtime paid and a modification of shift times for court appearances. Officers would have control over time worked.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignments, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear.

Until the APD salary structure is changed, APD will always have Patrol Officers First Class making 2, 3 and even 4 times their base salary, and emotional burnout will be the norm, not the exception endangering public safety. Until the APD salary structure is changed, you will also have more than a few employees “gaming the system.”

When APD exceeds its overtime budget, it is always to the detriment of other city departments and other city employees, many who work just as hard as a police officer, but that does not matter to police. Their attitude is that they take their life’s into their hands every day and for that reason alone are entitled to be paid overtime as they see fit and anytime they want it.

Overtime pay abuse is just one example of the attitude of self-entitlement by APD, its command staff and rank and file. The mayor, APD management and City Council are being foolish if they do not realize that when APD exceeds its overtime budget, it causes morale issues and resentment within other city departments and employees who are not paid overtime.

CONCLUSION

You would think that APD and its management over the years, would have learned its lesson after all the prior audits, but they did not and greed once again got the better part of Albuquerque’s finest. The fact that APD management did not learn anything from prior audits is a reflection of “self-entitlement” that seems to be ingrained in APD’s DNA at all levels, management and rank and file alike.

The city and the APD union need to return to the bargaining table to negotiate a new contract immediately. Unless action is now taken by the City based on the audit, it will have been a total waste of time and taxpayer money. The audit will be relegated to collecting dust on some government shelf destined to be place into some government records archive until an 8th audit is performed on APD’s overtime and the process of overtime abuse by APD continues as New Mexico State Auditor Colón moves on to his next campaign.

_______________

POSCRIPT

In the interest of relevant disclosure, following are the names and salaries of the top 15 sworn police officers, sergeants and lieutenant in the years 2019 and 2020:

2019 TOP PAID SWORN POLICE OFFICERS

APD LIEUTENANTS:

There were 32 APD Lieutenants in the list of 250 top paid employees in 2019 earning pay ranging from $108,031 to $164,722. Hourly pay rates for APD Lieutenants is $40.00 an hour or $83,200 yearly. The 5 highest paid APD Lieutenants for 2019 were:

1. Languit, Luke C Lieutenant $164,722.80
2. Patterson, Christopher Lieutenant $138,606.30
3. Jones, Aaron M. PD-Police Lieutenant $136,824.53
4. Bell Garcia, Jennifer L Lieutenant $134,492.33
5. Bassett, Jeremy D Lieutenant $132,599.17

APD Sergeants:

There were 32 APD Sergeants in the list of 250 top paid employees in 2019 earning pay ranging from $109,292 to $193,666. Hourly pay rates for APD Sergeants is $35 an hour, or $72,800 a year.

The 5 highest paid Sergeants in 2019 were:

1. Hernandez, Michael F Police Sergeant $193,666.40
2. Pholphiboun, Phetamphone B Police Sergeant $166,813.86
3. Lopez, Daniel J Sergeant $154,969.57
4. Martinez, Dominic P Sergeant $149,152.48
5. Hunt, Justin R Sergeant $140,961.94

APD Patrol Officers:

There were 70 APD patrol officers in the list of 250 top paid employees in 2019 earning pay ranging from $108,167 to $188,844. Hourly pay rates for Patrol Officers is $29.00 an hour to $31.50 an hour depending upon years of experience. The 5 highest paid Patrol Officers in 2019 were:

1. Johnson, Brian, Senior Police Officer 1C $188,884.04
2. Drobik, Simon Master Police Officer 1C $166,484.67
3. Pearson, Nicholas R Master Police Officer 1C $149,157.79
4. McCarson, Timothy W Senior Police Officer 1C $147,207.30
5. Hollier, Jeremy B Senior Police Officer 1C $143,229.86

2020 TOP PAID SWORN POLICE OFFICERS

On January 28, 2020 , the 2020 listing of the top 250 wage earners was posted on the city web. It reflects for a second time that of the 250 top wage earners 160 sworn police officers are making between $110,648 to $199,001 a year. The breakdown by rank and wage is as follows:

28 APD Lieutenants earned pay ranging from $111,382 to $186,944 a year

32 APD APD Sergeants earned between $110,698 to $199,001 a year

65 sworn police (Master police, Senior Police, Patrol Officer) earned between $110,680 to $144,255

The top 15 of sworn police officers, their titles and what they earned in 2020 are as follows:

Hernanadez, Michael F., Sergeant, $199,001
Edison Jim A., Lieutenant, $186,944
Johnson, Brian A., Senior Patrol Officer, $176,709
Pearson, Nicholas R, Master Police Officer, $172,709
Hunt, Justin R., Sergeant, $163,372
Pholphilbourn, Phetaphone, Sergeant , $162,390
Richard, Joshua, Sergeant, $150,652
Champine, Daniel J., Master Police Officer, $150, 264
Lopez, Daniel, Sergeant, $149,281
Economy III, Byron G., Sergeant, $149,098
Rico, Michael K ., Senior Police Officer, $148,938
Del Geco, Raymond E., Lieutenant, $148,028
Mc Carson, Timothy W., Senior Police Officer, $148,938
Jones, Aaron M, Senior Police Officer, $147,843
Price, Bryan H., Lieutenant, $144,796
Solis. Brenda M. Senior Patrol Officer, $144,796
Lehocky, Andrew T., Master Police Officer, $144,255
Schmidt, Mathew T., Sergeant, $143,542
Hernanadez, Armando F., Sergeant $140,329
Taylor, William H., Sergeant, $139,935