Questions Rise Over Nichole Rogers’ Candidacy: ‘District 6 is entitled to a City Councilor who is ethical’

Posted on December 2, 2023 by

On the online news agency “New Mexico Sun” published the following article written by one of its staff reporters:

It was recently revealed that Nichole Rogers, Albuquerque City Council candidate for District 6, failed to file required documents for her nonprofit to the IRS and certain New Mexico state agencies. As a result of these findings, her campaign has drawn criticism from various parties, including Albuquerque attorney Pete Dinelli.

“District 6 is entitled to a City Councilor who is ethical, who is above reproach, who knows how to manage finances both privately and in their private business dealings, who actually knows the problems of the District by actually living in the District for more than a few years, something that cannot be said of Nichole Rogers.”, said Pete Dinelli.

To better understand this controversy it’s crucial we first look at Rogers’ political scenario.

Rogers is running for election as a Democrat in Albuquerque’s 6th District, which covers the International District. None of the four candidates received over 50% of the votes, so it is heading to a runoff election between Rogers and the other top vote-getter, Democrat Jeff Hoehn. According to KRQE, the 6th District was previously represented by Pat Davis, who served two terms and therefore cannot run again. [DINELLI NEW MEXICO SUN ARTICLE CORRECTION: THERE ARE NO TERM LIMITS FOR CITY COUNCILOR NOR MAYOR AND DAVIS ELECTED NOT TO RUN FOR A THIRD TERM.]

Notably significant questions are being raised concerning Rogers’ handling of her non-profit organization called Welstand Foundation.

A lot of this scrutiny is aimed towards Rogers’ nonprofit organization the Welstand Foundation, a one-person organization that was started by Rogers in 2019 and whose federal tax exempt status was revoked in 2022. Rogers had never filed federal forms on income and expenses during the Welstand Foundation’s existence. In a blog post, Dinelli questions how much money the nonprofit received and where it went since it is impossible to know based on the non-existent tax filings.

Adding to the complexity of the situation, there are discrepancies regarding when Rogers claimed she closed her foundation.

Rogers has stated that she closed the Welstand Foundation, but hasn’t been consistent with when she did. Dinelli, in his blog, points out that on different occasions on the internet, she has said she closed it in 2020, as well as 2021.

Past records have shown that Rogers’ foundation received substantial funding from city resources.

As stated in a previous story in the New Mexico Sun, the Welstand Foundation received $15,000 from the city of Albuquerque through the city’s Coronavirus Community Support and Recovery Funds in 2020. This was ostensibly to help fund Welstand Village, a group home for children of color that was supposed to open in the summer of 2021, and never did.

The legitimacy of Rogers’ non-profit organization further came into question due to its inconsistent standing status.

It also appears that the foundation was still accepting donations in 2022 after they were supposedly shut down. On Oct. 20, 2023, the Welstand Foundation was listed by the New Mexico Secretary of State as “active” but “not in good standing.” However, as of Nov. 1, it’s now in good standing.

Dinelli goes further to assert connections between Rogers and current Mayor Tim Keller which could potentially influence District 6 policy decisions.

Dinelli also claims that Rogers is particularly close to Albuquerque Mayor Tim Keller who appointed Rogers as the City of Albuquerque African American Community and Business Liaison with the Office of Equity and Inclusion in 2021.

This is in contrast with the other District 6 candidate, Jeff Hoehn, who differs from Keller on certain issues, including approaches to fighting the homeless issue in Albuquerque. Keller seems keen on having a few, large shelters for the homeless population, while Hoehn said he would want to fund smaller, population-specific shelters. Hoehn is the executive director of Cuidando Los Niños, a shelter and school for homeless children. It is also noted that Hoehn has lived in the district for 21 years, while Rogers has lived there for six.

Meanwhile, as these controversies unfold, the upcoming District 6 run-off election remains scheduled as planned.

Early voting for the District 6 run-off election goes through Dec. 9. Election day is Dec. 12.

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/652722558-questions-rise-over-nichole-rogers-candidacy-district-6-is-entitled-to-a-city-councilor-who-is-ethical

OTHER QUESTIONS RAISED OVER ROGERS CANDIDACY

Aside from the Welstand Foundation, there are 3 other areas that call into question the candidacy of Nichole Rogers.

HISTORY OF CIVIL LITIGATION AND MISDEAMEANOR CHARGES

An extensive review of public records and court dockets revealed a disturbing history of civil litigation over debts and money due, failure to pay rent, evictions and property liens. The total amount of judgments for debts and property liens filed were at least $25,726.47. It was also revealed misdemeanor traffic offense convictions by Nicole L. Rogers with times when bench warrants were issued for her arrest for failures to appear. She did not disclose to the Albuquerque Journal her misdemeanor convictions in its candidate questionnaire.

A review of court dockets was conducted to determine the extent of litigation Nichole Rogers has been involved with over the years. A listing of 7 specific civil court and 4 metro court misdemeanor cases was compiled which are believed to be cases Rogers has been named the defendant. When confronted with the cases, Rogers declined to admit or deny if the cases were in fact her as a named defendant. She said NO in her Albuquerque Journal candidate questionnaire if she had ever been convicted of a misdemeanor which is false.

2. RESIDENCY CHALLENGED

Confidential sources are alleging that Nichole Rogers has not lived in District 6 for the 6 years she has claimed and as she told the Albuquerque Journal in its candidate questionnaire. She has said at forums she has lived in the district for 6 years which is false and has raised her two children at the address she claims to be her home. The home in District 6 is a rental she owns and has rented to others as she lived with her children. It has been determined she has lived on the Westside in an apartment with others and is now using a District 6 residence that she owns but has rented to others in order to run for city council.

3. ROGERS IS MAYOR TIM KELLER’S DESIGNATED CANDIDATE

Confidential sources have confirmed that Mayor Tim Keller was involved with Nichole Rogers candidacy from the get go and that Jeff Hoehn was discouraged from running and he was told he could not win. Members of Keller administration took and active roll in helping Nichole Rogers to secure nominating signatures to get her on the ballot and collecting $5.00 qualifying donations to secure $40,000 in public financing. Rogers herself has told progressive democrats that she is the Mayor’s candidate to replace City Councilor Pat Davis.

COMMENTARY AND ANALYSIS

The city is facing any number of problems that are bringing it to its knees. Those problems include exceptionally high violent crime and murder rates, the city’s increasing homeless numbers, lack of mental health care programs and little economic development.

It is District 6 that has suffered the brunt of what plagues the city the most with the highest crime rates in the city, including property crime, violent crime and drug trafficking, distressed minority communities, the proliferation of the homeless and service providers and little or no economic development.

District 6 can no longer afford a city councilor who makes promises and offers only eternal hope for better times, better results and who is indebted to Mayor Tim Keller and who wants to make a living off of the taxpayer for herself and her nonprofit. Eight years of poor representation by the current city councilor has been more than enough.

What is needed is a City Councilor who is independent, actually knows what they are doing, who will make the hard decisions without an eye on their next election, not make decisions only to placate their base and please only those who voted for them and who will not just do what Mayor Tim Keller wants them to do and who will just rubber stamp what Mayor Tim Keller wants. Hoehn represents now the type of leadership needed by District 6.

District 6 is entitled to a City Councilor who is ethical, who is above reproach, who knows how to manage finances both privately and in their private business dealings, who actually knows the problems of the District by actually living in the District for more than a few years, something that cannot be said of Nichole Rogers.

Given what has been reveal about Nichole Rogers and what is at stake, voters of District 6 should have no reservations voting for Jeff Hoehn for City Council.

The link to a related blog article is here:

ABQ City Council District 6 Runoff Scheduled December 12; Early Voting starts November 21; Nichole Rogers “Failing Forward” Candidacy; Endorsements By Other Candidates Announced; Voter Turn Out Will Be Biggest Challenge For Two Candidates

Flying Star Café Owner Jean Bernstein Describes City Council District 6 Runoff Between Progressives Nichole Rogers and Jeff Hoehn As Struggle Between “David And Goliath”; The Vetting Of Nichole Rogers Continues; Jeff Hoehn In His Own Words

Posted on November 29, 2023 by

Jean Bernstein and her husband, Mark, created Flying Star Cafes, which originally were the Double Rainbow, exactly 36 years ago with the first to open on Central in what was then the run-down Nob Hill District which is in City Council District 6. They are viewed by many as ardent believers in Albuquerque’s potential and the power of small businesses to raise up their local economies. Over the years, they have continued to invest in Nob Hill and District 6.

On November 21, 2023, the on line news agency New Mexico Sun published the below opinions column written by Jean Bernstein:

“I have been asked by a number of people to share my observations about the 2023 Council race. I’ve always made a point of staying out of partisan politics but in recent years I have become very worried about the future of our Albuquerque.

It is clear our local leaders are no longer elected by the citizens of this city or state. For example, in the recent District 6 City Council race only 22% of eligible voters came out. Very few people attended the live forums. I doubt many people read the candidates’ position statements or investigated their past jobs and performances. Many people in the district did not know there was a Council race or a runoff.

Why are people in this city so apathetic? I believe a major reason is that most people, no matter their backgrounds, economic levels, or party affiliations are demoralized – they feel their votes do not matter, that nothing really changes. They are right because when leaders know that no one is paying attention, they are empowered to do whatever they want.

Recent examples are Democrat Tim Keller’s Gateway Center and Republican Richard Berry’s Albuquerque Rapid Transit. Gateway’s good intentions are far from realized; its actual expenditures will rise far above its original budget; and its servicing capacity will fall far short of the original promise.

ART cost $50 Million OVER its original budget, construction closed Central for 12 months, and destroyed at least 110 local businesses. Buses are mostly empty, annual operational costs are over $11 million dollars and only a few of the development projects that were to accompany ART materialized. Mayors’ pet projects have cost taxpayers hundreds of millions of dollars, never delivered (or will deliver) their promises, and will never be reviewed or assessed as to their effectiveness.

Who really elects our future leaders? I think the big political machines that deliver the money and marketing hold the real power, no matter what party they represent.

This year’s District 6 race is between two Democrats, a David and Goliath story. “Goliath” is the Democratic money machine that has put tremendous muscle into the candidate, Nichole Rogers, who, by her own admission is proud of “failing forward”.

Mountains of verified evidence are accumulating about Rogers’ mishandling of regulatory filings, city grants, and private donations for her now-defunct Welstand Foundation. There is much more coming to light about Rogers’ personal financial history, but that’s for the news channels.

Yet, the National Democratic organizations, unions, and the Keller Administration machine continue to push their endorsement of this questionable individual. I ask – why wasn’t this candidate properly vetted by them BEFORE placing her in a race for an important position requiring 100% trustworthiness? Wouldn’t they have conducted a background check of an applicant for a government job before hiring? Does this machine even care if Rogers has a record of bad financial dealings?

“David” is Jeff Hoehn, who is a well-known nonprofit leader with a good track record. He has served on his neighborhood board and other community projects. He is well-versed in City policies and issues, especially homelessness.

He is wet behind the ears as a political contender yet still did a decent job of fundraising entirely on his own with a group of devoted neighborhood helpers.

He has gained an impressive amount of grassroots support which continues to grow. Oddly enough, this competent, homegrown local guy is the underdog, finding himself pitted against his own political party! He is struggling against the Democratic money marketing machine.

I can guess why these huge entities are intent on controlling the results of District 6’s little election in our small city. A bi-partisan City Council will not rubber stamp pet projects, it will demand accountability and evaluate projects’ performances. Both projects I mentioned above were enormously UNPOPULAR with constituents, yet our mayors pushed them through anyway. A politically balanced council will care what the citizens of their districts really want.

Our faith in our system is really what is at stake here. This national money is infecting our elections, weakening, and sickening our entire country. Local elections should stay local, and issues and candidate character should be driving votes, not slick Tic Toc ads.

Candidates and communities must be left to run their own campaigns, raise their own money, and to let their citizens decide which candidates best serve the interests of their entire communities. This is the story of District 6 and many more like it. We citizens deserve at least this much.”

https://newmexicosun.com/stories/652421682-albuquerque-city-council-district-6-runoff-important-for-the-future-of-the-district-and-the-city

THE VETTING OF NICHOLE L. ROGERS

In her November 21, 2023 guest column, Jean Bernstein, alluded that there was much more coming to light about Nichole Rogers’ personal financial history. That in fact happened on November 27 when the blog article titled in part “Vetting Of City Council District 6 Candidate Nichole Rogers Reveals Disturbing History Of Civil Litigation, Evictions, Property Liens, Misdemeanor Citations, Failure To File Non-Profit State And Federal Documentation; Rogers Residency In District Disputed …” was published on www.PeteDinelli.com

WELSTAND FOUNDATION

Among Rogers professional experience claims is she is involved with the nonprofit and charitable corporation known as Welstand Foundation founded by Rogers in 20219 and managed by Rogers. The corporation as a charitable organization over the years has received both city and private funding. The blog article documents mismanagement of Welstand Foundation by Nichole Rogers with the failure to file mandatory documents with the IRS, the New Mexico Attorney General and the New Mexico Secretary of State. The IRS tax-exempt nonprofit status for Welstand was revoked on May 15, 2022, but she continued to fund raise. It was also listed as “Not In Good Standing” by the NM Secretary of State website as of October 20, 2023, but that has now changed. When the news reports first broke on Roger’s problems relating to her nonprofit, Rogers admitted that she mishandled her charitable non-profit, which benefited from both private contributions and COVID relief money from the city. Rogers said this:

“I am a person who has had successes and has had failures. But I really believe in failing forward. When you know better, you do better and I’m someone who can teach folks to watch out for these pitfalls.”

HISTORY OF CIVIL LITIGATION AND MISDEAMEANOR CHARGES

RESIDENCY CHALLENGED

The blog article explored the allegation that Nichole Rogers has not lived in District 6 for the 6 years she has claimed and as she told the Albuquerque Journal in its candidate questionnaire. She has said at forums she has lived in the district for 6 years which is false and has raised her two children at the address she claims to be her home. The home in District 6 is a rental she owns and has rented to others as she lived with her children. It has been determined she has lived on the Westside in an apartment with others and is now using a District 6 residence that she owns but has rented to others in order to run for city council.

ROGERS IS MAYOR TIM KELLER’S DESIGNATED CANDIDATE

The blog article explored how Mayor Tim Keller was involved with Nichole Rogers candidacy and how he discouraged Jeff Hoehn from running saying he could not win and that he wanted a “woman of color”. The article explored how members of his administration took and active roll in helping Nichole Rogers to secure nominating signatures to get her on the ballot and collecting $5.00 qualifying donations to secure $40,000 in public financing. It is clear that Rogers is Mayor Tim Keller’s candidate in District 6. Rogers herself has told progressive democrats that she is the Mayor’s candidate to replace City Councilor Pat Davis.

You can review the entire blog article in the link provided in the postscript below.

ALBUQUERQUE JOURNAL GUEST COLUMN BY CITY COUNCIL DSITRICT 6 CANDIDATE JEFF HOEHN

On Sunday, November 26, the Albquerquerqu Journal published the below guest column submitted by City Council District 6 Candidate Jeff Hoehn:

“I am Jeff Hoehn. I am a progressive, pro-choice Democrat and I am running for City Council for District 6.

Voters have an important choice to make in the Dec. 12 runoff election. This race began with six, and is now down to two. I am proud to have been endorsed by every other candidate in this race with the exception of Abel Otero, who is supporting my opponent after ethics issues forced him out of the race. Most recently, Kristin Raven Greene wholeheartedly endorsed me following her taking nearly 20% of the general election vote. Raven and I are both strong supporters of economic development in District 6, particularly along historic Route 66 and east of San Mateo. I am happy to welcome all of Raven’s voters into the fold.

With the race down to two, voters have the choice of more of the same, or the change we need. Mayor Keller has made no secret of his strong support for my opponent. On the other hand, I am proud to have run an independent, grassroots campaign that has attracted a broad base of support among people of all political stripes.

I chose to run in order to make Albuquerque better, particularly on the issue of homelessness which is my area of expertise. I entered the race late, and missed out on public financing. This is why I am privately financed. I have raised money from neighbors, friends and family members. My campaign is clean and transparent. This brings up an important point of difference between me and my opponent. I will bring ethical leadership to City Council.

Coming from a working-class union family, I was privileged to obtain a good education while working to put myself through school. I have lived in Albuquerque for 21 years, all of it in District 6. I worked hard as a cook and a chef while in school at UNM full time. After receiving a master’s degree in Public Administration more than 10 years ago, I have dedicated my time and my professional efforts to our community.

I was executive director of the Carrie Tingley Hospital Foundation, a nonprofit that is committed to helping people with disabilities and kids at Carrie Tingley Hospital. I am now executive director of Cuidando los Niños, a nonprofit that helps children and families who are experiencing homelessness. When I began five years ago, our budget was $800,000; it is now approaching $5 million. That is real community impact, and that is real leadership.

Compare my opponent’s nonprofit experience, which was covered by the Journal on Nov. 3. Welstand Foundation was never registered with the NM Attorney General’s office or the NM Secretary of State. The foundation lost its 501(c)(3) nonprofit status with the IRS. Yet it continued to accept funds, which have never been accounted for. Voters have serious, legitimate questions about where the money went. Asking such questions is not a negative political attack.

We need ethics and leadership in government now more than ever. Before you buy into my opponent’s negative characterizations of me and my campaign, check for yourself at jeff4d6.com. I am happy to speak to anyone about my background, experience and ideas. Your vote on — or before — Dec. 12 is critical. Thank you for your support.”

COMMENTARY AND ANALYSIS

Given what has been reveal about Nichole Rogers and what is at stake, voters of District 6 should have no reservations voting for Jeff Hoehn for City Council.

POSTSCRIPT

Click on the below blog article to read it in full:

Vetting Of City Council District 6 Candidate Nichole Rogers Reveals Disturbing History Of Civil Litigation, Evictions, Property Liens, Misdemeanor Citations, Failure To File Non-Profit State And Federal Documentation; Rogers Residency In District Disputed; District 6 Voters Should Say No To Nichole Rogers “Failing Forward” Candidacy And Vote Jeff Hoehn City Council

Vetting Of City Council District 6 Candidate Nichole Rogers Reveals Disturbing History Of Civil Litigation, Evictions, Property Liens, Misdemeanor Citations, Failure To File Non-Profit State And Federal Documentation; Rogers Residency In District Disputed; District 6 Voters Should Say No To Nichole Rogers “Failing Forward” Candidacy And Vote Jeff Hoehn City Council

Posted on November 27, 2023 by

The City Council District 6 runoff race between the two top vote getters of Progressive Democrat Nichole Rogers and Progressive Democrat Jeff Hoehn is scheduled for December 12. District 6 includes Nob Hill, the International District, and other neighborhoods and is currently represented by Progressive Democrat City Councilor Pat Davis who did not seek a third term. Early voting started Tuesday, November 21 and runs until Saturday, December 9. Election day is December 12.

This blog article is an in-depth vetting of Nichole Rogers that reveals a disturbing history of civil litigation involving debt collections and evictions and property liens. It also reveals 4 misdemeanor convictions not disclosed by the candidate to the Albuquerque Journal on its candidate questionnaire. The article confirms Rogers failure to file state and federal documentation for the non-rofit she runs. The article explores Nichole Rogers residency in District 6 and the extent of involvement of Mayor Tim Keller and two other elected officials who have assisted her candidacy.

ADVERSE PUBLICITY

On November 2, a mere 5 days before the November 7 election and after extensive early voting, damaging news broke on this blog about District 6 candidate Nichole Rogers. The same news was reported 2 days later by the Albuquerque Journal and the on-line news agency the New Mexico Sun.

The damaging news about Nichole Rogers includes she failed to file required documents with the Internal Revenue Service, the New Mexico Attorney General and the New Mexico Secretary of State regarding her nonprofit Westland Foundation that she created and now manages. Among the allegations was that Rogers continued to fund raise while her nonprofit was not in “good standing” with the state and the corporation had lost its federal status as a 501 C 3 charitable organization. It was also reported that she failed to report income and account for monies she raised, including $15,000 in city funding she secured for her foundation and how the funding was spent.

The link to the Albuquerque Journal article is here:

https://www.abqjournal.com/election/district-6-candidate-nichole-rogers-nonprofit-raised-money-despite-delinquent-submissions-with-ags-office-secretary/article_c3bbc350-7a66-11ee-8d56-ab4b462eb662.html

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/651280268-city-council-candidate-fails-to-file-legal-documents-make-full-accounting-for-her-charity

THE VETTING OF PROGRESSIVE DEMOCRAT NICHOLE ROGERS

An extensive review of public records and court dockets reveals a disturbing history of civil litigation over debts and money due, failure to pay rent, evictions and property liens. It also reveals misdemeanor traffic offense convictions by Nicole L. Rogers that she did not disclose to the Albuquerque Journal in its candidate questionnaire.

This blog article explores the allegation that Nichole Rogers has not lived in District 6 for the 6 years as she has claimed and as she told the Albuquerque Journal in its candidate questionnaire. It has been determined she has lived on the Westside in an apartment with others and is now using a District 6 residence that she owns but has rented to others in order to run for city council.

EDITOR’S NOTE: The postscript to this blog article contains a November 19 email to Nichole Rogers and her campaign treasurer from www.petedinelli.com with court docket information listing cases requesting a confirmation from Rogers that she is in fact the named defendant in the cases. On November 24, Nichole Rogers responded and declined to verify the cases. The postscript also contains commentary and analysis on the email exchange.

ALBUQUERQUE JOURNAL CANDIDATE QUESTIONARE

District 6 City Council candidate Nichole Rogers has repeatedly touted her “unique blend of lived experience and professional experience” as a reason to vote for her.

Progressive Democrat Nichole Rogers in her responses to the Albuquerque Journal candidate questionnaire provided the following answers to questions asked of her:

Education: Human resources, continuous quality improvement, EMT Basic, Associate of Arts and Sciences integrated studies, Central NM Community College (2012)

Occupation: Business consultant and financial adviser

…

Have you or your business, if you are a business owner, ever been the subject of any state or federal tax liens?

[ANSWER]: No.

How long have you lived in your district?

[ANSWER]: 6 years

Have you ever been involved in a personal or business bankruptcy proceeding?

[ANSWER]: No.

Have you ever been arrested for, charged with, or convicted of drunken driving, any misdemeanor, or any felony in New Mexico or any other state?

[ANSWER]: No.

The link to read the full Albuquerque Journal candidate questionnaire of Nichol Rogers is here:

https://www.abqjournal.com/election/district-6-candidate-questionnaire-nichole-rogers/article_c891ab32-646e-11ee-8250-bb9887ac9743.html

PERSONAL FINANCE VETTING

Review of court docket records shows 7 civil litigation cases for nonpayment of rent, judgements and garnishments of a Nichole Rogers or of a Nichole L. Rogers who are believed to be one and the same person and believed to be City Council Candidate Nichole Rogers as the named defendant. Based upon dates of birth and other information provided in the court filings and confidential sources, the 7 cases were identified as involving City Council Candidate Nichole Rogers. Two cases were deleted from an original list of 9 civil cases because of inconsistencies or errors found. In a November 24 email, City Council Candidate Nichole Rogers declined to verify that she is the named defendant in the list of the 9 civil cases that she was provided with at the time. (SEE POSTSCRIPT BELOW FOR EMAIL EXCHANGE.)

The below list of 7 cases are cases that are available and easily accessed for review at the below links after the list. Only cases with the name “Nichole” spelled with an “h” and that may also include the middle initial L were included. The list does not include cases with people with different spellings and dates of birth such as Nicole or Rodgers or different middle initials such as M. Following are the case listings:

Valle Grande Apartments vs. Nichole Rogers T-4-CV-2000-11157 11/16/2000. Civil suit filed for NONPAYMENT OF RENT.
Bank of America v. Nichole Rogers D-202-CV-2006-05105 6/30/2006 COMPLAINT ON OPEN ACCOUNT; Judgment entered against Defendant Nichole Rogers for the sum of $5,525.39
Investment Retrievers v. Nichole L. Rogers D-307-CV-2006-01960 11/13/2006 COMPLAINT FOR DEBT AND MONEY DUE; Default judgment was entered against Defendant Nichole L. Rogers for the sum of $11,428.17 plus interest; Wages from employer Precision Mortgage were garnished to pay the judgment of $11,960.84.
Westlake Financial Services v. Nichole L. Rogers D-202-CV-2007-10481 12/3/2007 COMPLAINT FOR DEBT AND MONEY DUE; A court appointed arbitrator awarded $6,190.97 to Plaintiff Westlake Financial Services and against Defendant Nichole L. Rogers; Wages from employers Direct Buy of Albuquerque and CNM Foundation were garnished to pay the unpaid judgment, which was eventually satisfied as paid in full.
Huong Hanley vs. Nichole L. Rogers T-4-CV-2012-07146 6/18/2012 Civil cause of action for NONPAYMENT OF RENT.
Huong Hanley vs. Nichole Rogers T-4-CV-2014-000075 1/3/2014 Civil cause of action for NONPAYMENT OF RENT; Judgment set aside on 1/11/18.
T & C Management v. Nichole Rogers T-4-CV-2016-001438 1/25/2016, Civil cause of action for NONPAYMENT OF RENT.

The links to look up the New Mexico court cases cited are as follows:

https://caselookup.nmcourts.gov/

“Search NM”:

https://researchnm.tylerhost.net/CourtRecordsSearch/Home#!/home

MISDEMEANOR TRAFFIC CITATATIONS

Nichole Rogers answered with a simple NO the Albuquerque Journal candidate questionnaire “Have you ever been arrested for, charged with, or convicted of drunken driving, any misdemeanor, or any felony in New Mexico or any other state?” A review of court docket records revealed 4 misdemeanor cases of a one Nichole Rogers or of a Nichole L. Rogers who are believed to be one and the same person and believed to be City Council Candidate Nichole Rogers as the named defendant.

Based upon dates of birth and other information provided in the court filings as well as confidential sources, the 4 cases were identified as involving City Council Candidate Nichole Rogers. A 5^th case was deleted from the listing because of inconsistencies. The misdemeanor convictions were not disclosed in the Albuquerque Journal questionnaire by City Council Candidate Nichole L. Rogers. In a November 24 email, Nichole Rogers declined to verify that she is the named defendant in any of the 5 cases. (SEE POSTSCRIPT BELOW FOR EMAIL EXCHANGE.)

Following is the listing of the misdemeanor citations and cause numbers:

State of New Mexico vs. Nichole Rogers T-4-TR-2012-038033 10/3/2012 traffic citation. The narration contained in the case search includes the following information: Vehicle was heading Southbound on Atrisco to Eastbound Quail. Plate was expired through MVD as of 4/12. Driver did not have registration, and has expired insurance. Gave warning on cracked windshield. Rogers was charged with “no proof of financial responsibility” and “failure to exhibit evidence of car registration upon demand” and “display of license plate or temporary permit” which are misdemeanors. On 10/26/12 she received the additional charge of “failure to appear in court” which was later quashed; Rogers paid fines and fees.
State of New Mexico vs. Nichole L. Rogers T-4-TR-2013-018910 6/11/2013 traffic citation: NOT CARRYING PROOF OF FINANCIAL RESPONSIBILITY.
City of Albuquerque vs. Nichole L. Rogers T-4-PR-2019-001023 3/19/2019 parking violations: EXPIRED METER and LICENSE PLATE DISPLAYED IS EXPIRED. A BENCH WARRANT for arrest was issued on 5/3/19. The warrant was mailed to Rogers’ General Somervell St. NE address but was returned to sender. Rogers plead no contest on 4/15/21 and paid $284 fines and fees
City of Albuquerque vs. Nichole L. Rogers T-4-PR-2023-006535 10/2/2023 parking violations: EXPIRED METER and LICENSE PLATE DISPLAYED IS EXPIRED. Rogers plead no contest and paid $100 of the $284 assessed fines and fees on 11/16/23

Some would say that the 4 citations are simple misdemeanors and they are “no big deal” and they do not matter. They do matter in that they reflect a failure to carry liability insurance and maintaining car registration. New Mexico has one of the highest uninsured motorist rates in the country. If a person cannot afford insurance, can not register their vehicle as required by law, then they have no business owning a vehicle and driving it.

A failure to carry liability insurance in particular does have very serious financial consequences when no insurance coverage is available to victims who are seriously injured by the negligent conduct of another driver who does not carry liability insurance. Again, none of the 4 cases were disclosed by Rogers in her Albuquerque Journal questionnaire, including the fact that a bench warrant was issued for her arrest in one case and there was a failure to appear in a second.

The links to look up the New Mexico court cases cited are as follows:

https://caselookup.nmcourts.gov/

“Search NM”

https://researchnm.tylerhost.net/CourtRecordsSearch/Home#!/home

PROPERTY LIENS FILED

Review of Bernalillo County Clerk records reveals that two liens have been filed on a residence owned Nichole Rogers located at the General Somervell St. NE address she has given to the City Clerk as her residence. The residence is located within District 6. According to County clerk records, Rogers purchased the residence on January 4, 2018 from KLS Holdings LLC with a mortgage from Mers Van Dyke Mortgage on the same date.

According Bernalillo County Clerk records reviewed, on July 7, 2021 a lien was filed by the City of Albuquerque for delinquent water and/or sewer and/or solid waste charges of $591.75 on the residence. The lien was released on July 29, 2022.

According to the Bernalillo County Clerk records, a second lien was file on the residence on August 1, 2022 by the City of Albuquerque again for delinquent water and/or sewer and/or solid waste charges for $1,457.52. A release of the lien filed on August 11, 2022.

The link to the Bernalillo County Assessor’s office is here:

https://www.bernco.gov/assessor/

The link to the Bernalillo County Clerk’s office is here:

https://www.berncoclerk.gov/

ROGERS PROPERTY WAS LIKELY RENTAL AND NOT PERSONAL RESIDENCE

Candidates running for City Council are required to live in the district they seek to represent. In her Albuquerque Journal questionnaire answers, Rogers told the Albuquerque Journal she has lived in in City Council District 6 for six years and she gives her home address to the City Clerk as a residence on General Somervell. Rogers 6-year claim of residency in District 6 does not coincide with county records in that she purchased the residence 5 years ago in 2018.

During public forums and debates, Rogers has claimed she has raised her two children at the residence during the past 6 years, a claim that appears to be false. Confidential sources are questioning whether Nichole Rogers has ever even lived in District 6 home continuously as she has claimed, or even recently or if it is in fact a rental that she is now attempting to move into.

Although County Assessor records reflect that Nichole Rogers purchased the General Somervell residence on January 4, 2018 with a mortgage loan, and that she is the record owner of the residence, confidential sources and neighbors who live in the area claim that a third party by the name of Sabin Garcia had been renting and living in the home for the past 5 years while Nichole Rogers was living at a West Side Atrisco Street address since her purchase of the home.

A real estate property description listing provided by a confidential source for the General Somerville address Nichole Rogers claims to be her home residence reflects that it is a 1,050 square foot home, with bedroom and bath, valued at $194,042. The owner of the property is listed as “Nichole L. Rogers”. The current residents of the property are listed as Sabin Garcia, Nevada Garcia, Wendy M. Garcia, and Amy Jo Garcia and ostensibly they are a family of 4 with husband and wife and 2 children.

A search of the online Yellowbook for Nichole Rogers reveals a phone number listings for Nichole Rogers with 4 people residing at an Atrisco Drive NW, Albuquerque apartment. Those living in the westside apartment are listed as Nichole Rogers, Jenifer Baca, Bernard Rogers and Vanessa Rogers.

https://www/yellowbook.com/people/nichole-rogers/

Traffic citation issued to Rogers ostensibly confirms she was living on the Westside of Albuquerque and not in District 6. Those citations are State of New Mexico vs. Nichole Rogers T-4-TR-2012-038033 10/3/2012 traffic citation narrative: “Vehicle was heading Southbound on Atrisco to Eastbound Quail. Plate was expired through MVD as of 4/12. Driver did not have registration, and has expired insurance.”

Metro Court records reveal that in May 2019 the Court mailed a warrant to Nichole Rogers General Somervell home address, but it was returned to sender. In the case City of Albuquerque vs. Nichole L. Rogers T-4-PR-2019-001023 3/19/2019 parking violations: EXPIRED METER and LICENSE PLATE DISPLAYED IS EXPIRED a BENCH WARRANT was issued on 5/3/19. The warrant was mailed to Rogers’ General Somervell St. NE address but was returned to sender. Rogers plead no contest on 4/15/21 and paid $284 fines and fees

A screen shot of a February 3, 2023 FACEBOOK post by Nichlole Rogers on her FACEBOOK page reveals that Rogers was not living at the General Sommervill residence and that it was in February she ostensibly moved to the residence and that others believed the property was “abandoned”. The FACEBOOK page post is as follows:

“Nichole Rogers is feeling drained.

Feb. 3”

“It has been the worst day … found out the cleaning company I commissioned before we moved back in our house assumed our home was “abandoned” and helped themselves to my belongings. They brought back some things but there is a whole lot more I can’t find. I do not recommend Rosa’s House Cleaning Services at all. Well on a good note … we are back at our home.”

There is further reason to question if Rogers actually occupied the General Somervell residence due to the history of a general state of disrepair and air of neglect of the house, including mattresses and trash in front of the residence. It has been reported that only in the last few weeks has the front yard of the property been cleaned up. Neighbors in the area report they never see Rogers at the home and there is no activity at the address with the overall appearance that the property is vacant. The liens on the property filed by the city include solid waste charges likely caused by zoning enforcement clean ups of the property.

WELSTAND FOUNDATION

Among Rogers professional experience claims is that she is involved with the nonprofit and charitable corporation known as Welstand Foundation. It is a one-person nonprofit founded in 20219 and managed by Rogers. The corporation as a charitable organization over the years has received both public and private funding.

Charity Search on the New Mexico Secretary of State’s website lists Welstand Foundation’s purpose as “To enhance all aspects of well-being for under-served and under-represented youth in New Mexico.” Social media posts show that local breweries raised money for Welstand Foundation in 2022. Welstand Foundation was awarded a $15,000 grant from the City of Albuquerque approved at the May 18, 2020 City Council meeting.

Nichole Rogers has never fully revealed publicly during her campaign nor been forthcoming that she has been seriously delinquent with filing mandatory legal documents to keep Welstand Foundation in good standing with the New Mexico Attorney General, the Secretary of State and failed to file mandatory documents with the Internal Revenue Service.

FAILURE TO FILE IRS DOCUMENTS

According to the IRS website, Welstand Foundation’s 501(c)3 federal tax exempt status was revoked on May 15, 2022. Since its incorporation as a 501(c)(3) nonprofit organization in 2019, Nichol Rogers has not filed federal forms on income and expenses. A federal form is required to be filed annually by every 501(c)(3) and for private foundations. It is essentially a nonprofit’s income and expense report, allowing oversight of what revenue and donations were brought in, and how and where the money was spent. Not only does it provide financial oversight, but it ensures that a nonprofit’s spending is in accordance with its mission.

Rogers answered “NO” to the Albuquerque Journal in its candidate questionnaire “Have you or your business, if you are a business owner, ever been the subject of any state or federal tax liens?” with no further explanation. Her NO answer to the question can be characterized at the very least as misleading because it is understood the corporation failed to file required tax forms and its tax-exempt status was then revoked which would have prevented tax liens from being filed if anything was in fact owed.

To research the IRS documentation on the corporations revocation as tax exempt, go to https://apps.irs.gov/app/eos/details/. Under the “search by field” scroll down to “organization name” and then in the organization name box type in “Welstand” and then click the blue search link. The revocation date listed by the IRS for the Welstand corporation is 5-15-2022 and the revocation posting date is 08-08-2022.

DELINQUENT NEW MEXICO ATTORNEY GENERAL REGISTRATION

According to the New Mexico Attorney General’s Charity Search website, Welstand Foundation registration submissions have been repeatedly delinquent. The website reveals as follows:

On January 1, 2021, the Welstand Foundation corporation’s Registration Submission for the 2019 Tax year was declared Delinquent.

On July 1, 2021, the Welstand Foundation corporation’s Registration Submission for the 2020 Tax year was declared Delinquent.

On July 1, 2022, the Welstand Foundation corporation’s Registration Submission for the 2021 Tax year was declared Delinquent.

On July 1, 2023, the Welstand Foundation corporation’s Registration Submission for the 2022 tax year was declared Delinquent.

The link to the New Mexico Attorney Generla website to confirm the research is here:

https://secure.nmag.gov/CharitySearch/CharityDetail.aspx?FEIN=84-2064534

WELSTAND JUST RECENTLY BECAME IN GOOD STANDING WITH NEW MEXICO SECRETARY OF STATE

Review of public records revealed that the Welstand Foundation as of October 20, 2023 was “Not In Good Standing” as a nonprofit corporation with the New Mexico Secretary of State’s Office. However, as of November 1, 2023, the corporation is listed as in Good Standing.

To research New Mexico Secretary of State records for Welstand Foundation, go to the below link and type Welstand Foundation and Business ID Number 5919649:

https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch

FUNDRAISING ACTIVITIES REPORTED ON FACEBOOK

Facebook posts by local breweries Hollow Spirits, Nexus Brewery, Marble Brewery , Hollow Spirits reveals assistance with fundraising activities for Welstand Foundation after the IRS revoked the 501(c)3 status of the Corporation. What is questionable is that solicitations were made while not having filed a single 990-N, being delinquent with New Mexico Attorney General Registration submissions and not being in good standing with the New Mexico Secretary of State.

COMMENTARY AND ANALYSIS ON ROGER’S WELSTAND FOUNDATION

The most troubling question that needs to be answered is exactly how much did Nichole Rogers raise for her foundation since its creation in 2019, where did the money go and was it used for her salary? No one knows, except Nichole L. Rogers. The federal IRS forms required annually of every 501(c)(3) nonprofit were never filed for the WELSTAND FOUNDATION. The forms are essentially a nonprofit’s income and expense report, allowing oversight of what revenue and donations were brought in, and how and where the money was spent. Not only do they provide financial oversight, but it ensures that a nonprofit’s spending is in accordance with its mission. Welstand Foundation should have filed at least three IRS forms.

The IRS sends compliance letters, so pleading ignorance of the filing requirements is not a valid excuse. The IRS will not revoke a 501(c)(3) organization’s tax-exempt status unless the nonprofit has been out of compliance on filing a Form 990 for three consecutive years. This is what finally happened with the Welstand Foundation. Its tax-exempt nonprofit status was revoked on May 15, 2022. It was also listed as “Not In Good Standing” by the NM Secretary of State website as of October 20, 2023, but that has now changed.

A simple search on the NM Attorney General’s charity registry reveals no 990s have been filed with the office. Nichole Rogers posted Nextdoor.com social page in mid-October 2023 that she had closed the Foundation in 2020. That statement appears to false because in a more recent post on Nextdoor.com she stated she closed the nonprofit down in 2021.

It is clear that the Welstand Foundation continued to seek donations after it was supposedly closed and did in fact bring in unreported revenue. Not only has the trust of private donors been violated, the public’s trust has been violated. The City of Albuquerque gave the Welstand Foundation at least $15,000, which has also never been fully accounted for by Rogers.

In the interest of full disclosure and transparency as a candidate for city council, Nichole Rogers should release her personal income tax returns as well as those of Welstand Foundation so that a comparison can be made and her sources of income can be disclosed as to what extent she has personally benefited from her fund-raising activities for the corporation.

Other questions that Nichole Rogers needs to answer as it relates to Welstand Foundation include:

Will Nichole Rogers seek more city funding to benefit Welstand Foundation or does she intend to step down from its management or dissolve the corporation if she is elected?

Will Nichole Rogers continue with fundraising efforts for Welstand Foundation if she is elected and to what extent?

Will Nichole Rogers engage in lobbying efforts on behalf of Welstand Foundation before the New Mexico legislature as a registered lobbyist if she is elected and to what extent will she lobby on behalf of the city?

GETTING MORE THAN A LITTLE HELP FROM FRIENDS IN HIGH PLACES

It’s no secret that Mayor Tim Keller and his supporters inserted themselves into the District 2, 4 and 6 City Council races. Keller took an active roll in trying to elect 3 city councilors who will support his agenda over the final 2 years of his second term to set himself up to run for a third term in 2025. Keller has already made it known to top aides he intends to run for a third term.

Confidential sources have confirmed that Joaquin Baca, Abby Foster, and Nichole Rogers were indeed Keller’s anointed candidates to replace Progressive Democrat Isaac Benton in District 2, Republican Brook Bassan in District 4 and Progressive Democrat Pat Davis in District 6 respectively.

Progressive Politcal consultant Neri Holguin was Mayor Keller’s campaign manager for State Senate, she headed up the Measured Finance Committee that raised upwards of $1 million to get Keller elected the first time he ran in 2017 and she managed Keller’s successful 2021 reelection campaign for Mayor against Bernalillo County Sheriff Manny Gonzales. Holguin has now become the go-to political consultant for progressive Democratic candidates.

Mayor Keller’s 2021 campaign manager Neri Holguin was the paid campaign consultant for Progressive Democrat Abby Foster who lost to incumbent Conservative Republican City Councilor Brook Bassan in District 4. Holguin was also the paid campaign consultant for Progressive Democrat Joaquin Baca who was elected in District 2 without a runoff. Neri Holguin was involved with the Nichole Rogers campaign early on in assisting with collection of nominating signatures and the $5 qualifying donations for public finance, but because of a falling out with the Rogers campaign withdrew from assisting with the campaign.

Mayor Tim Keller has been involved with the campaign of Nichole Rogers from the get go. His help is likely extending to the runoff. Rogers has gone so far as to tell Progressive Democrats privately in District 6 that she is Mayor Keller’s candidate to replace Progressive Democrat Pat Davis who is a Keller ally.

Sources have confirmed that a representative of Mayor Keller contacted candidate Jeff Hoehn even before he announced his candidacy. They told Hoehn in no uncertain terms that he could not win and not to run and that he would not be receiving the support of Mayor Tim Keller if he did run. In particular, Keller was said to want a “woman of color” to be elected and Nichole Rogers fit the profile. Sources have also confirmed that the paid political consultant for another failed candidate contacted Hoehn and insisted that he not run because he is not a minority and he could not win. Hoehn decided to run after he was convinced to do so by neighborhood progressive activists.

In 2021, Mayor Tim Keller announced the appointment of Nichole Rogers as the new City of Albuquerque African American Community and Business Liaison with the Office of Equity and Inclusion. In May, 2023 she supposedly left the city to run for City Council with no announcement if she resigned her city job or merely took a leave of absence to have a job to return to if she loses. It has been reported that Nichole Rogers is in sales with Primerica Financial Services.

Confidential sources have confirmed that Rogers received significant help from at least 2 top aides of Mayor Tim Keller. Those Keller top aides assisted in collecting nominating petitions signatures and qualifying $5 donations Rogers needed to secure public financing of $40,000. It is unknown if the campaigning was done on city time.

Sources have confirmed Democrat Progressive County Commissioner Adriann Barboa went door to door and helped collect nominating petitions and $5 qualifying donations for Rogers using county voter registration lists. Both Barboa and Rogers are kindred spirits and have much in common. Barboa has a history of aggressively recruiting and supporting candidates she wants to fill elected official vacancies and who fit to her liking her own progressive mold. Such was the case with Barboa’s recruitment of District 25 State Representative Cristina Parajón, who moved into District 25 just weeks before announcing she was running to replace retired State Representative Christine Trujillo and who Barboa then voted for as County Commissioner.

Sources have also confirmed that District 7 City Councilor Tammy Fiebelkorn actively campaigned door to door for Nichole Rogers as Fiebelkorn strolls the streets of District 6 with a vaping device in her mouth. Fiebelkorn has an affinity for District 6 voters seeing as she and Progressive Democrat Pat Davis sponsored a redistricting map earlier this year that essentially gutted both their City Council Districts and “redistricting” the progressive Nob Hill area of District 6 into her District 7 to give Fiebelkorn an advantage for her reelection bid in 2025. Fiebelkorn no doubt is helping Rogers in that she is highly ambitious and is doing so to ingratiate herself to Rogers for her support for City Council President or Vice President which is the very first vote that must be taken by the new city council once they are sworn in on January 1, 2024.

Barboa and Feiberkorn have no clue to just how disliked they have become by their own constituencies. The District 6 City Council race is one race they should have kept their noses out of but simply could not resist. Both should be more concerned about their own political futures. Talk is already emerging about people being recruited to run against both Barboa and Feiberkorn.

Keller on the other hand knows full well how disliked he has become with two polls already conducted showing he has low approval ratings in low 30% and with one of those polls listing potential candidates and showing Keller coming in 4^rd with 18%. At least 3 current elected office holders are said to be running against Keller as he is making it known privately, he is running for a third term.

PROGRESSIVE DEMOCRAT JEFF HOEHN

Progressive Democrat Jeff Hoehn has a Master of Public Administration from the University of New Mexico, he is married to Charlotte Itoh, who is a private attorney and the couple have one child. Hoehn and his wife have lived in the district 21 years and have been actively involved with the community. Jeff Hoehn is the executive director of Cuidando Los Niños, a shelter and school for homeless children. He has identified crime and homelessness as his top concerns for District 6.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-jeff-hoehn/article_86040c9c-646e-11ee-8e6e-5f3f903f9fa5.html

Hoehn’s approach to the homeless would differ significantly from Mayor Keller’s large shelters at the Gateway Center and Westside Emergency Housing Center. To combat homelessness and the housing crisis in the city, he would fund smaller, population-specific shelters that are attractive and safe for those who want help. He agrees that the Albuquerque Community Safety Department should be a proactive force that is on the streets every day, all day actively encountering individuals who are homeless so that they accept help or choose to relocate.

Hoehn advocates short-term mobile APD command units in high crime areas. He advocates for a dedicated team of police officers that can embed with the community, build trust and make the area unfriendly to criminal activity. His crime proposals lean heavily on police and policing technology to get that done. Hoehn told the League of Woman Voters this:

“I advocate instituting short-term APD mobile command units in high crime areas. … We must be strategic so that officers can spend their time preventing and addressing crime. Technology such as speed cameras has a role to play also.”

COMMENTARY AND ANALYSIS

It is very difficult to understand how a candidate for Albuquerque City Council can hold herself out as a successful “business consultant and financial advisor” given her history of litigation as a named defendant in debt collection matters and her failures to file in a timely manner mandatory documents with the IRS, the New Mexico Attorney General, and the Secretary of State for a charitable organization she created.

NICHOLE ROGERS FAILING FORWARD CANDIDACY

When the news reports first broke on Roger’s problems relating to her nonprofit, Rogers admitted that she mishandled her charitable non-profit, which benefited from both private contributions and COVID relief money from the city. Rogers claimed her conduct was not disqualifying. Rogers said this:

When confronted with her history of litigation and legal problems and asked to confirm she is the named defendant in the cases she said this:

“I have discussed a lot of this openly during my campaign, I have TRUE lived experience with being unable to pay rent on time, with poverty, and with navigating systems.”

The blunt truth is Nichole Rogers has not been forth coming. Her credibility is in serious doubt because of falsehoods and failures to disclose. She has failed to be completely transparent when it comes to her litigation history and her residence.

She boldly proclaims that she “really believe[s] in failing forward” and that she has “TRUE lived experience.” How about just not failing by following the law, knowing better, taking full responsibility for your mistakes and not repeating them and not deflecting the truth. How about paying your debts, securing mandatory car registrations and car insurance, and attending scheduled court hearings to avoid bench warrants being issued for your arrest,

FINAL COMMENTARY

In one candidate forum, Nichole Rogers said she was running because of the new salaries that will be paid to city councilors and that she felt she could live on that amount. City councilor pay is going from the present $33,600 to $62,843 a year and councilors can still have outside employment. The voters of District 6 need to know if Rogers is running for the right reasons which is to help and serve her constituents or is she really in it for herself to get paid a good salary and promote her nonprofit Welstand Foundation and do Mayor Tim Keller’s bidding on the City Council once she is elected.

Given what has been reveal about Nichole Rogers and what is at stake, voters of District 6 should have no reservations voting for Jeff Hoehn for City Council.

_________________________________

POSTSCRIPT

On November 19, Nichole Rogers and her Campaign Treasurer were sent an email by Pete Dinelli www.PeteDinelli,com with the court docket information listing 14 cases requesting a confirmation from her that she is in fact the named Defendant in the cases. The email was sent to give Rogers and opportunity to confirm or deny that she is the named defendant and provide an explanation.

The November 19 email is as follows:

November 19, 2023

To: Nichole Rogers, Candidate For City Council District 6

From: Pete Dinelli, www.PeteDinelli.com

CC: Clarence Smith, Treasurer for Candidate Nichole Rogers

Re: Request for confirmation of identity in court cases; Offer to provide explanation

“As you are aware I write and publish the blog www.PeteDinelli.com. I have reported on the City Council races, attended debates and have sent you my articles written. I am currently doing research on an article for publication. I am sending this email to you at the email address you have given the city clerk as well as your campaign treasurer.

A review of court dockets shows multiple instances of litigation involving 4 different spellings of your name raising the possibility of others with the same name. The 4 different name spellings are Nichole L. Rogers, Nichole Rogers, Nicole Rogers, Nicole L. Rogers. Note the two different spellings of the name as Nichole or Nicole or the addition of the middle initial “L”.

The purpose of this email is to request that you confirm that it is you who is the named defendant in the specific court cases that I have identified as you being the probable defendant. The link to the New Mexico Courts case look up system for the individual court cases so you can look them up yourself and confirm what I have found is as follows:

https://caselookup.nmcourts.gov/

Please confirm with a YES or NO if you are the named defendant in the following cases:

Valle Grande Apartments vs. Nichole Rogers T-4-CV-2000-11157 11/16/2000. Civil suit filed for “NONPAYMENT OF RENT”.
Tyson Properties vs. Nichole L. Rogers T-4-CV-2002-1771 2/15/2002 Civil suit filed for EVICTION from residence. [EDITOR’S NOTE: DELETED IN ABOVE PUBLISHED ARTICLE BECAUSE OF IDENTIFIED ERRORS.]
Bank of America v. Nichole Rogers D-202-CV-2006-05105 6/30/2006 COMPLAINT ON OPEN ACCOUNT; Judgment entered against Defendant Nichole Rogers for the sum of $5,525.39
Investment Retrievers v. Nichole L. Rogers D-307-CV-2006-01960 11/13/2006 COMPLAINT FOR DEBT AND MONEY DUE; Default judgment was entered against Defendant Nichole Rogers for the sum of $11,428.17 plus interest; Wages from employer Precision Mortgage were garnished to pay the judgment of $11,960.84.
Westlake Financial Services v. Nichole L. Rogers D-202-CV-2007-10481 12/3/2007 COMPLAINT FOR DEBT AND MONEY DUE; A court appointed arbitrator awarded $6,190.97 to Plaintiff Westlake Financial Services against Defendat Nichole Rogers; Wages from employers DirectBuy of Albuquerque and CNM Foundation were garnished to pay the unpaid judgment, which was eventually satisfied as paid in full.
Huong Hanley vs. Nichole L. Rogers T-4-CV-2012-07146 6/18/2012 Civil cause of action for NONPAYMENT OF RENT.
Huong Hanley vs. Nichole Rogers T-4-CV-2014-000075 1/3/2014 Civil cause of action for NONPAYMENT OF RENT; Judgment set aside on 1/11/18.
Khanh Erikson vs. Nichole L. Rogers T-4-CV-2015-04046 4/2/2015 Civil cause of action for NONPAYMENT OF RENT. [EDITOR’S NOTE: DELETED IN ABOVE PUBLISHED ARTICLE BECAUSE OF IDENTIFIED ERRORS.]
T & C Management v. Nichole Rogers T-4-CV-2016-001438 1/25/2016, Civil cause of action for NONPAYMENT OF RENT.

MISDEMEANOR TRAFFIC CASES

I have also found five cases involving traffic violations. Please confirm if you are in fact the named defendant in each of the following cases:

State of New Mexico vs. Nichole L. Rogers M-14-TR-2006-05542 6/14/2006 traffic citation in Las Cruces: VEHICLES SUBJECT TO REGISTRATION Order to show cause for failure to appearwas issued on 7/11/2006; Rogers plead guilty/no contest and paid fines and fees. [EDITOR’S NOTE: DELETED IN ABOVE PUBLISHED ARTICLE BECAUSE OF IDENTIFIED ERRORS.]
State of New Mexico vs. Nichole Rogers T-4-TR-2012-038033 10/3/2012 traffic citation: Vehicle was heading Southbound on Atrisco to Eastbound Quail. Plate was expired through MVD as of 4/12. Driver did not have registration, and has expired insurance. Gave warning on cracked windshield. Rogers was charged with NO PROOF OF FINANCIAL RESPONSIBILITY and FAILURE TO EXHIBIT EVIDENCE OF CAR REGISTRATION UPON DEMAND and DISPLAY OF LICENSE PLATE OR TEMPORARY PERMIT. On 10/26/12 the additional charge of FAILURE TO APPEAR IN COURT which was later quashed; Rogers paid fines and fees.
State of New Mexico vs. Nichole L. Rogers T-4-TR-2013-018910 6/11/2013 traffic citation: NOT CARRYING PROOF OF FINANCIAL RESPONSIBILITY. Prosecution was unwilling to proceed.
City of Albuquerque vs. Nichole L. Rogers T-4-PR-2019-001023 3/19/2019 parking violations: EXPIRED METER and LICENSE PLATE DISPLAYED IS EXPIRED. A BENCH WARRANT was issued on 5/3/19; the warrant was mailed to Rogers’ 217 General Somervell St. NE address but was returned to sender; Rogers plead no contest on 4/15/21 and paid $284 fines and fees
City of Albuquerque vs.Nichole L. Rogers T-4-PR-2023-006535 10/2/2023 parking violations: EXPIRED METER and LICENSE PLATE DISPLAYED IS EXPIRED. Rogers plead no contest and paid $100 of the $284 assessed fines and fees on 11/16/23

PROPERTY LIENS FILED

Review of Bernalillo County Assessor Records reveals that you are the registered title owner of the residence located at …[number deleted to protect privacy]… General Somervell St. NE. Review of Bernalillo County Clerk records reveals you purchased the residence on January 4, 2018 from KLS Holdings LLC with a mortgage from Mers Van Dyke Mortgage on the same date.

Review of Bernalillo County Clerk records reveals that two liens have been filed on what is believed to be your home address at … [number deleted to protect privacy] … General Somervell St. NE. According to the Bernalillo County Clerk records, on July 7, 2021 a lien was filed on the residence by the City of Albuquerque and then the lien was released on July 29, 2022. According to the Bernalillo County Clerk records, a second lien was file on the residence on August 1, 2022 by the City of Albuquerque and then a release of lien was filed on August 1, 2022.

Please confirm if you in fact still own the residence and if you reside there or are renting it to another and for how long. Please also state how much the liens were for and specifically for what (ie: water or tax assessments).

DEADLINE

It is respectfully requested that you respond to this email by email to me with your answers and any explanation you want to offer as soon as possible, but no later than November 24, 2023 at 12:00 noon.

Respectfully yours

Pete Dinelli

CANDIDATE NICHOLE ROGERS RESPONDS TO EMAIL

On November 24, at 11:36, A.M, just 24 minutes before the deadline, Nichole Rogers sent the following email response:

Hello,

I have discussed a lot of this openly during my campaign, I have TRUE lived experience with being unable to pay rent on time, with poverty, and with navigating systems.

I would love to talk about how my own experience with poverty has led me to be where I am today. As a victim of identity theft, I do not share personal information via email or over the phone.

If you report on this, please be sure you have taken the time to research which are mine and which are not.

Again, I am open to having an honest conversation with you about your request.

Blessings,

Nichole Rogers

[PHONE NUMBER DELETED FOR PRIVACY]

COMMENTARY AND ANALYSIS

The November 24 response by Nichole Rogers is as evasive as it gets by a public figure and politician who is running for office. The email response was a total failure by a candidate for office to be forth coming and transparent by refusing to answer with specificity with a YES or NO as requested if she is in fact the named defendant in the cases identified and listed.

In her email Rogers says “If you report on this, please be sure you have taken the time to research which are mine and which are not”. The purpose of the November 19 email to Rogers and her Treasurer was to do just that, research what cases are hers and what cases are not. The email to Rogers makes it clear that an article was being written and she was being given an opportunity to provide an explanation and to specifically identify what cases she was a named Defendant.

Considerable amount of time and effort was undertaken to research the cases, identify those she is to believe to be the Defendant and then and only then was she contacted to verify the information and given sufficient time to respond. Further, she simply ignores the inquiry as to the property liens filed and the ownership of the property she is using as her home address to run for city council. She does not disclose if she has ever rented the property to another.

The November 19 email to her asks her to verify the cases found believed to be cases she is the named defendant. She was given the opportunity to identify those cases that are in her words “hers and those cases which are not.” She should know the cases she was a named Defendant, but simply refused to verify them, simply refused to do her own due diligence and simply refused to cooperate by giving an evasive answer. She failed to answer the question if she still owns the residence, if she resides there and for how long or if she renting it to another and for how long.

Rogers states in her email she does not share personal information “via email or over the phone”, yet she gave her phone number that has been deleted for privacy. She does not state exactly how and in what manner or in what context, public or private, she is willing to have an “honest conversation” that can be quoted. By failing to verify the cases on her own which are “hers and those cases which are not” she essentially refuses to take any and all responsibility for her conduct and deflects disclosing the truth.

The link to a related blog article is here:

ABQ City Council District 6 Runoff Scheduled December 12; Early Voting starts November 21; Nichole Rogers “Failing Forward” Candidacy; Endorsements By Other Candidates Announced; Voter Turn Out Will Be Biggest Challenge For Two Candidates

City And DOJ File Joint Motion To Dismiss 25% Of Consent Decree Already Suspended; “In House” Monitoring Team Over APD Reforms Appointed; City Should Seek Full Dismissal Of Case

Posted on November 22, 2023 by

On October 28, 2023, it was reported that the he Department of Justice (DOJ) has agreed to terminate large portions of its settlement agreement that lays out reforms within the Albuquerque Police Department due to APD having been in full compliance with those sections for at least 2 years.

The joint motion filed by the Department of Justice and the City of Albuquerque has as its goal to have parts of the Federal Court Approve Settlement completely removed from oversight by the Federal Monitor. This comes after the city cites sustained operation compliance with the federal agreement made with the Albuquerque Police Department. U.S. District Judge James Browning approved for the motion-filed parts to have no monitoring in 2022. After achieving an over 90% compliance, Independent Federal Monitor James Ginger agreed to a significant pay deduction for monitoring APD. Once the agreed order sought by the joint motion is approved, upwards of 25% of the Court Approved Settlement Agreement would be completed.

In the announcement U.S. Attorney Alexander Uballez said it was “a second major milestone” for the department’s reform efforts so far this year with the federal judge overseeing the case having already suspended the monitoring of those sections in 2022. Uballez said this:

“This move to partial termination is yet more evidence of the City of Albuquerque’s dogged pursuit of progress … Much remains to be done, and the challenges facing us as a community are ever-evolving. While we continue to work together to confront those challenges, we applaud the steady and unrelenting drive towards the type of policing that the people of Albuquerque deserve.”

On November 8, 2023, the Federal Monitor Court filed his 18th report that covers the time period of February 1, 2023 through July 1, 2023. The monitor found APD is only ONE percentage point from full compliance with the Court Approved Settlement Agreement (CASA) in “Operational Compliance”, one of 3 compliance areas. Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in all the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to have come into compliance within 4 years and the case was to be dismissed in 2018.

The 18^th Federal monitors states compliance levels are as follows:

Primary Compliance 100%
Secondary Compliance 99%
Operational Compliance 94% (95% is needed to be achieved and sustained for 2 years)

The 3 compliance levels are explained as follows:

PRIMARY COMPLIANCE

Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA; must comply with national standards for effective policing policy; and must demonstrate trainable and evaluable policy components.

SECONDARY COMPLIANCE

Secondary compliance is attained by implementing supervisory, managerial and executive practices designed to and be effective in implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

OPERATIONAL COMPLIANCE

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

Operational Compliance is considered the most difficult to implement and achieve. The 15^th and 16^th reports released in 2022 saw significant gains in Operational Compliance but the 17^th has brought APD the closest it has ever been to full compliance with 92% reported and with 95% needed to be achieved and sustained for 2 years in all 3 compliance levels.

PROVISIONS AGREED TO FOR TERMINATION

The terminations agreed to between the DOJ and the city include the Multi-Agency Task Force, which investigates police shootings; policies and training for specialized tactical and investigative units; and the public’s knowledge of how to file complaints, among other portions of the CASA.

If the joint motion filed by DOJ and city of Albuquerque is approved by U.S. District Judge James Browning who is overseeing the case the monitoring and oversight of those sections will fall squarely to APD.

REACTIONS TO AGREEMENT

APD Chief Harold Medina had this to say about the agreement:

“The fact is we have now been in compliance with these sections for years, and I’m glad to see them finally taken out of the consent decree. … It shouldn’t take years to acknowledge we are in compliance with the rest of the agreement. We are committed to reform and we have shown we can self-monitor.”

Mayor Tim Keller had this to say:

“This should put to rest concerns about APD’s ability to self-monitor and continue the reform process past federal oversight. … APD is proving the department is ready to institutionalize constitutional policing and ongoing reform on its own. Going forward, we need to push past the piecemeal approval process and focus on the future beyond the CASA.”

Paul Killebrew, Deputy Chief over the DOJ’s Civil Rights Division cautioned that even if APD reaches full compliance with all paragraphs of the CASA and all 3 of the compliance levels, APD will still have to sustain that compliance for full two years delaying the dismissal. Killebrew estimated that could happen by 2026, which would be 12 years into the department’s reform effort.

The links to quoted news sources are here:

https://www.abqjournal.com/news/doj-city-of-albuquerque-agree-to-terminate-portions-of-police-reform-settlement-agreement/article_6e3b1a30-75d8-11ee-b0cb-e3894d6df740.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-motion-terminate-parts-doj-settlement/45669584

AGREEMENT TO SUSPEND 25% OF CASA MONITOTING

It was on July 27, 2022, the Albuquerque Police Department and the U.S. Department of Justice announce agreed to suspend several paragraphs of the Court Approved Settlement Agreement (CASA.) According to APD, the agreement “essentially removes about a quarter of oversight requirements.” The city reached an agreement with the DOJ to suspend the monitoring of upwards of 25% of the paragraphs in the CASA. Those paragraphs have all been in operational compliance for more than 5 years. Under the stipulated agreement between the City and the DOJ, the city is now self-monitor 62 paragraphs of the CASA. APD and DOJ representatives solidified the partial oversight requirement suspension during a virtual hearing on July 26. The changes went into effect on August 1 of this year.

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

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

REFORMS ACHIEVED UNDER THE CASA

On November 16 , 2023, it was a full 9 years that has expired since the city entered into the CASA with the DOJ. It was originally agreed that implementation of all the settlement terms would be completed within 4 years, but because of previous delay and obstruction tactics found by the Federal Monitor by APD management and the police officers’ union as well as APD backsliding in implementing the reforms, it has taken another 5 years to get the job done. Now after almost 9 full years, the federal oversight and the CASA have produced results.

Reforms achieved under the CASA can be identified and are as follows:

New “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
All sworn police officers have received crisis management intervention training.
APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
“Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police also receiving the training.
APD has adopted a new 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.
APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
The Repeat Offenders Project, known as ROP, has been abolished.
Civilian Police Oversight Agency has been created, funded, fully staffed and a director was hired.
The Community Policing Counsels (CPCs) have been created in all area commands.
The Mental Health Advisory Committee has been implemented.
The External Force Investigation Team (EFIT) was created and is training the Internal Affairs Force Division on how to investigate use-of-force cases, making sure they meet deadlines and follow procedures.
Millions have been spent each year on new programs and training of new cadets and police officers on constitutional policing practices.
APD officers are routinely found using less force than they were before and well documented use of force investigations are now being produced in a timely manner.
APD has assumed the self-monitoring of at least 25% of the CASA reforms and is likely capable of assuming more.
The APD Compliance Bureau has been fully operational and staffed with many positions created dealing directly with all the reform efforts and all the duties and responsibilities that come with self-assessment.
APD has attained a 100% Primary Compliance rate, a 99% Secondary Compliance rate and a 92% Operational Compliance rate.

CITY NAMES NEW POLICE REFORM TEAM

On November 17, Mayor Tim Keller announce he has hired a 3 member monitoring team that will oversee the APD Police Reforms and continue to do so once the city reaches full compliance in the Court Approved Settlement Agreement. The three hires announced are:

Former Metropolitan Court Judge Sharon Walton, who served for almost two decades, will be the monitor of police training;
Former Metro Judge Victor Valdez, who was previously superintendent of police reform, will serve as monitor of discipline and misconduct; and
Retired Las Vegas, Nevada, police undersheriff Christopher Darcy will be monitor of Use of Force.

It was also announced Eric Garcia, who had served as Deputy Chief of Police and Interim Superintendent of Police reform, will now permanently fill the position of Superintendent of Police reform.

The 3 will be contract employees and the total of the 3 contracts will be $288,000 with the contracts to run provided the contracts for through June 30, 2024 and subject to possible renewal.

Christopher Darcy will be paid $98,000 for “training and consulting services for de-escalation of officer-involved shootings.” Former Metro Judges Victor Valdez and Sharon Walton will be paid $95,000 each for “development of policies and procedures.” According to Mayor Tim Keller, the team’s contracts for the team, which he and his administration chose, are “narrowly tailored” to avoid conflicts of interest.

Keller said he chose two the former Metro Court judges due to their decades of experience in local criminal justice and a use of force expert in Darcy for “an external perspective.” Garcia, as a sworn officer in the role of superintendent, will be responsible for training, policy and discipline.

The 3 member monitoring team does not replace nor work in conjunction with the federal monitoring team, headed by Independent Monitor James Ginger, which is overseeing the city’s reform effort in its Court-Approved Settlement Agreement (CASA) with the DOJ. Mayor Tim Keller said this about the newly appointed monitoring team:

“One of the reasons why we got into the CASA in the first place was because the department was not doing internal reform and monitoring. And so in a way, it’s like preventing a CASA down the road. … And so had we had this set up, I think everyone agrees, we would have never needed the CASA in the first place. So for us, this is really for the future, at least decades, hopefully, of our Albuquerque police department so that we can learn from our mistakes and hold ourselves accountable.”

Daniel Williams, policing policy analyst with the American Civil Liberties Union of New Mexico, said the CASA had brought about “real advancements toward constitutional policing.” Williams added this:

“But the lived experience of many in our community shows that the much-needed work of reform is far from over. …We welcome any meaningful steps the city and APD are taking toward long-term, sustained reform and hope that this internal monitoring will provide objective, rigorous oversight that our community can rely on.”

The monitoring team’s appointment comes as the city anticipates an end to the CASA after reaching 94% operational compliance in Ginger’s latest report, which was released this month. Once 95% operational compliance is reached, a threshold set from the beginning, the city will then be required to sustain compliance for two years to end the CASA.

The city and Albuquerque Police Department have made sizable progress in checking off CASA requirements since late 2021, after a period of backsliding and turmoil, and more recently are self-monitoring many of the requirements.

May0r Keller said the monitoring team’s duties and responsibilities are modeled after the Federal Court Appointed monitoring team that has overseen the reform process over the last 9 years. Keller said that in appointing the monitor team, “we decided to own it for ourselves, our way,” but noted it couldn’t have happened without the CASA.

“This now sets us up going forward to not have the consent decree, and to not have a monitor, and to still demonstrate a commitment to real reform.”

Links to the quoted news source is here:

https://www.abqjournal.com/news/city-unveils-new-monitoring-team-over-albuquerque-police-reforms/article_102b6df4-8597-11ee-9d44-b7622f9fc1e4.html

https://www.koat.com/article/albuquerque-creates-monitoring-team-for-police-reform/45879728

https://www.kob.com/new-mexico/civilian-oversight-team-to-monitor-apd-going-forward/

CONCLUSION

Given the extent of the compliance levels, the work of the Federal Monitor can be said to be winding down and coming to an end. The city should seek to negotiate a stipulated dismissal of the case with the Department of Justice (DOJ) sooner rather than later. Should the DOJ refuse, the City Attorney should move to immediately to dismiss the case under the termination and suspension provisions of the CASA by filing a Motion to Dismiss the case and force the issue with an evidentiary hearing and let the assigned federal judge decide the issue of dismissal.

Links to related blog articles are here:

APD Projected To Be In Full Compliance With DOJ Consent Decree By Year’s End; Compliance Reached In 215 Of 238 CASA Terms And Reforms; Over 9 Years ABQ Has Become More Violent City Resulting In More Officer Involved Shootings; Negotiate Dismissal Of CASA By Year’s End

City Proclaims “End in Sight” For Court Approve Settlement Agreement; City And DOJ Agree To Suspend Monitoring 25% Of Settlement; Sergeants and Lieutenants Remain Weak Leak In CASA Enforcement

New Mexico United Soccer Team Scores Two Big Wins With 7-2 City Council Vote And 8 to 1 EPC Vote For Approval Of 30 Year Lease Of City Owned Land at Balloon Fiesta Park To Build $30 Million Privately Funded Multi-Use Stadium; Construction Expected To Begin Within 90 Days; More Terms Needed In Approved Lease To Protect Public

Posted on November 21, 2023 by

On Monday, November 20, the Albuquerque City Council voted 7-2 in favor of a 30 year lease of city own land at Balloon Fiesta Park to build a $30 Million privately funded multi-use stadium for New Mexico United Soccer Team. Voting YES were Democrat City Councilors Pat Davis, Isaac Benton, Tammy Feibelkorn, Klarisa Pena, Louis Sanchez and Republican City Councilors Dan Lewis and Trudy Jones. Voting NO were Republican City Councilors Renée Grout and Brooke Bassan.

The 30 year lease was negotiated by the Mayor Tim Keller Administration. The lease was introduced to the city council on Monday, Oct. 2, 2023 and on October 16, the lease was to be voted upon by the Albuquerque City Council. The Council deferred the vote for a full month because it was “uncomfortable” with the one-week rush job by Mayor Tim Keller to get it approved. The Council considered deferring the vote until after the new City Council is sworn in on January 1 with 3 new councilors, but opted to defer the vote one month until a ruling by the Environmental Planning Commission (EPC).

On Thursday, November 16, the Albuquerque Environmental Planning Commission (EPC) held a hearing regarding making zoning changes to the master plan and site plan so that City Council could approve, deny or defer the lease and it voted to approve the zone changes on 8 to 1 vote. The EPC considered the environmental impacts of the stadium to surrounding area taking into account such factors as lighting, noise, traffic and parking and found that the stadium would not have a detrimental impact.

The city of Albuquerque intends to lease a mere 7 of 365 acres of Balloon Fiesta Park to New Mexico United. Early renderings of the facility considered by the City Council and the EPC are of a 185,000 square foot facility that could house up to 11,000 people, which is slightly smaller than Isotopes Park where the team currently plays. New Mexico United is expected to host 17 games a year, but not during the Balloon Fiesta. City leaders say the stadium would be used for other events as well.

Upwards of 100 people sign up to speak at the November 20 city council meeting, mostly those in favor of the lease and building the Stadium with many attendees being soccer players dress in their United uniforms. Although some neighbors to the park came out to support the stadium, others said they were concerned about light and noise pollution from the construction and building, They expressed frustration with a lack of communication about the proposed project.

SUPPORT EXPRESSED

Carlos Tenorio II, the president of the Curse, an official of spoke in favor of the lease and said this:

“It would mean a lot to the team, but it would mean a lot to the community. Look at it more as a communal ground. Isotopes Park is a great example, it’s a family friendly entertainment, a good time at the ballpark. You’ll see the same at the New Mexico United match.”

Sean Sheehan, the owner of Sheehan Winery, also spoke in favor of the lease and said this:

“I think that New Mexico United is going to allow us to move forward as a state and city. It’s a collaboration between soccer and local businesses and I think that the more that we can bring those two things together, the more we can be more successful as a community.”

OPPOSTION EMERGES

Notwithstanding all the support expressed, there were those that did express major concern if not outright opposition to the stadium.

Some hot air balloon pilots spoke to the media in opposition to the stadium. Scott Appelman, president & CEO of Rainbow Ryders, Albuquerque’s largest balloon ride operator during the Balloon Fiesta suspects adding a stadium into the mix will only bring new problems. Appelman said this:

“I am highly skeptical, exceptionally concerned and protective of the future of Balloon Fiesta. … I think you need to pump the brakes and get the details out. … I’m really concerned with how fast all of this is coming about. I just don’t understand the wisdom. I don’t trust how this is all coming about in the last six months. You’re taking 7 acres out of an area, that has about 16 parking spots, and it will decrease the number of parking spots by several hundred. … I don’t feel, until there is a firm plan and understanding of what exactly is going on, that this should be approved. … I haven’t seen where any real agreements have been made with like, what is Balloon Fiesta Park gonna get? … I personally believe that this will be one more nail in the coffin for what Fiesta looks like, compared to what it used to look like.”

The Keller Administration made it clear the proposed stadium will be located behind a set of power lines that already restrict balloon traffic, and there are plans to add more parking.

Barbara Bloomingfield, who spoke to the council during the meeting, spoke against the stadium and said this:

“A no vote is not a vote against United, but simply a vote against a poorly drafted lease and it’s terms. … The city, if it’s determined to enter into this action, can rethink and redo this deal and return with something that does not have the effect of this lease.”

REACTION TO CITY COUNCIL LEASE APPROVAL

Mayor Tim Keller after the voted said in a statement:

“Scoring a pro soccer stadium in Albuquerque is a big win for families. … We listened to voters, worked together, and now the ultimate goal is one step closer to being realized.”

United owner and President Peter Trevisani said this in a statement after the vote:

“We are excited that the Council has approved a lease that allows New Mexico United to move forward with the construction of a privately funded stadium that will be for all New Mexicans. … We still have a lot of work to do, and are honored to represent our incredible state. Somos Unidos.”

New Mexico United Chief Business Officer Ron Patel had this to say:

“… [The lease is] a step in the right direction. We truly believe it is a win-win for the city of Albuquerque, for its residents, and for New Mexico United. We want to be very sensitive to the people who live around Balloon Fiesta Park, knowing that any kind of facility is going to affect the people that live around there. … While this is a privately funded project, it’s not being paid for by the taxpayers. It’s being paid for by private owners. We do look at this as a community asset. This should belong to the community even though the community doesn’t have to pay for it.”

Links to quoted news sources are here:

https://www.kob.com/new-mexico/city-council-to-vote-on-new-mexico-united-stadium-proposal-during-monday-meeting/

https://www.koat.com/article/new-mexico-united-stadium-balloon-fiesta-park/45898158

https://www.krqe.com/sports/local-sports/with-lease-agreement-for-new-mexico-united-stadium-approved-whats-next/

https://www.abqjournal.com/news/new-mexico-united-scores-balloon-fiesta-park-lease-agreement-at-city-council/article_d1be0df4-8831-11ee-b1de-0b33e8cf0ea4.html

TERMS AND CONDITIONS OF LEASE

The New Mexico United lease approved by the city council was negotiated by the Keller Administration. It is a take it or leave it approval without negotiation of terms the City Council may want. Now that the lease has been approved by the City Council, construction for the new stadium can begin within 90 days.

The lease term will be for an initial period of 30 years with the option to renew and extensions for two 15-year terms which means the lease could be for a full 60 years. Ron Patel, chief business officer at New Mexico United, said the team plans to build an 8,000- to 10,000-seat stadium.

The lease agreement contains the following terms and conditions:

Seven acres of land, which is currently for parking at the park, will be leased by United New Mexico for $35,000 a year with a 2% rent increase each year.
United will pay the city 10% of revenue from parking fees it charges.
United New Mexico must initially invest at least $30 million of private funds to design and build the stadium.
The city is obligated under the lease to build certain features that remain open to the public during Balloon Fiesta, including shade areas and public restrooms.
United will not be allowed to host games during the annual Albuquerque International Balloon Fiesta
The planned stadium will not interfere with ballooning in the area.
The city will be able to use the stadium 10 days a year for free.
United would retain all other revenues generated from the stadium, and from naming rights, sponsorships, advertising, tickets, merchandise, games and other events, while taking on all costs to operate the stadium and parking at all times. United would pay its own utility costs. The city would get its own box or cabana or a specialized seating area.
At the end of the lease, New Mexico United is obligated to sell the stadium for $1 to the city of Albuquerque, unless the lease is extended by mutual agreement.

Last month, a spokesperson for New Mexico United said details about the design, size or cost are yet to be determined. The city will not be involved with the stadium design. The approved lease outlines construction to begin around the end of September 2024. The ultimate goal is to have the stadium ready by kickoff for their 2026 season. New Mexico United owner Peter Trevisani said this:

“We have done some renderings, we needed to see what a site could look like to make sure it fit in with everyone’s plans: our plans, the city’s plans, Balloon Fiesta’s plans. It’s something that actually was symbiotic with the neighborhoods so putting it in a place that kept light to a minimum, reduced noise, kept it as low level as possible. … Our season generally starts off in March, and our goal is in March of 2026 to have our first game be at this facility.”

COMMENTARY AND ANALYSIS

Voters and the citizens of Albuquerque can take some comfort with the fact that the lease was approved on a 7 to 2 bi-partisan vote. In approving the lease on a 7 to 2 vote, the council set aside the hostility the conservative majority has towards Mayor Tim Keller and his attempted rush job to have the council approve the lease within one week of its introduction.

It was Mayor Tim Keller who called a press conference on Friday, September 29, to announce that the City of Albuquerque was going to enter into the lease and he wanted the City council to approve it within days. The blunt truth is that the press conference was so typical of Keller’s publicity seeking ways. It came as a surprise to United New Mexico, the Albuquerque City Council and the Balloon Fiesta Board of Directors for the reason that Keller made the announcement all by his lonesome self, even clean shaven and wearing a suit and tie for a change, in order to take full credit for the lease.

After Keller’s photo, solo press conference, City Councilor Pat Davis was interviewed by video conference call, soccer team owner Peter Trevisani was tracked down by one station for an interview and the Balloon Fiesta public relations spokesperson was relegated to issuing a statement. Keller also made it a point to say at his press conference “it’s mostly out of my hands” to peremptorily lay any and all blame on the City Counsel when United soccer fans become enraged if the lease was not approved all the while Keller took credit for the lease.

The problem is that we have a mayor who always feels he has to be the absolute center of attention. Keller has a very bad habit of jumping the gun on projects he considers are his legacy projects that will benefit him politically. He refuses to confer with stakeholders to build a consensus to get things done, especially with the city council who he has alienated repeatedly.

Least anyone forget, it was Mayor Tim Keller who made a major mistake when he tried to get a soccer stadium built when he first asked voters to approve $60 million in bonds to pay for downtown stadium. It was embarrassingly rejected by voters with a landslide vote. United Soccer Team owners for their part spent $1 Million on an ad campaign promoting the bonds. Soccer team owners learned their lesson with the election loss and came with an alternative plan for private financing and listened intently rather than trying to shove a plan for a taxpayer funded stadium down people’s throats.

WORK STILL REMAINS TO BE DONE ON LEASE TERMS

The Albuquerque City Council approving the lease was absolutely crucial for the continued existence of the New Mexico United Soccer team in Albuquerque. The USL Championship, the league in which United competes, has mandated that its franchises have permanent soccer-only stadium arrangements in place by 2026. Franchises unable to secure stadium deals will likely be relocated or forced to fold, as USLC member San Diego Loyal did at the end of the 2023 season. The soccer team currently plays home matches at Isotopes Park under a sub-lease arrangement. That agreement runs through next season but will not serve as a long-term solution.

The proposed lease is a classic public/private partnership that is often used and that can be a big win-win proposition and go along ways to build a facility the city actually needs that will enhance the city’s quality of life. The best example that already exists of such a facility is the Isotopes Park, a city owned facility rented to a professional sports team.

Notwithstanding the City Council approval, there a few concerns that still need to be addressed in the lease by the Keller Administration because the lease was presented to the city council as a take it or leave it proposition. Those concerns that can be addressed with and addendum to the lease include the following:

United will retain all revenues generated from use of the stadium for other types of events without clarification what those events would include, which presumably will include using it as an entertainment venue for concerts and entertainment events. There is no mention of securing city approval of other type of events or of other uses nor the stadium being allowed be “sub leased” to other tenants requiring city approval to generate income with the city sharing in the income from other events.

Although Mayor Keller claims the City will not fund the stadium’s construction, the City website states that “the State has provided capital to the City of Albuquerque for infrastructure improvements that will provide needed upgrades at Balloon Fiesta Park.” The stadium is not an upgrade to the park and the question that needs to be answered is can the funding be diverted to an unrelated construction project or facility lease should contain specific provisions that the Soccer Team will assume any and all costs for future improvements or remodeling to the facility without any city funding.

The lease should make it clear that in any event New Mexico United Soccer becomes dissatisfied with the location and seeks to move on to another community or state, it cannot simply sublease the stadium usage to another team or franchise for the remaining lease term and the original 30 year lease between the city and United becomes null and void with stadium ownership reverting to the city in full.

With any luck, Mayor Tim Keller will get motivated and ask for the additional terms so that way he can call another press conference and take all the credit.

ABQ Environmental Planning Commission Approves NM United’s Soccer Team Plan For Privately Funded Multi-Use Stadium at Balloon Fiesta Park; On November 20 City Council Will Vote To Approve 30 Year Lease Of City Land; Current Council Should Defer To New Council Or Seek Further Terms And Vote YES To Approve

Posted on November 20, 2023 by

On Thursday, November 16, the Albuquerque Environmental Planning Commission (EPC) approved the proposal for a privately funded multi-use stadium at Balloon Fiesta Park which is City owned land. The vote was 8 to 1 for approval. The EPC is required to consider the environmental impacts to surrounding areas of such major construction projects and must take in such factors as lighting, noise, traffic and parking.

On November 20, the Albuquerque City Council is scheduled to vote on the lease agreement at its regularly scheduled meeting which will be held at City Hall council chambers beginning at 5 p.m. The Council orginally scheduled final approval of the lease last month but decided to defer the to deliberate futher and allow the EPC to take action and make its recommendations.

United officials said the EPC vote was a step toward gaining final Albuquerque City Council approval for the stadium project. Councilors last month deferred a decision in order to get questions answered and “feel more comfortable” with the proposed lease agreement. United Director of Communications David Wiese-Carl said this:

“Hopefully the EPC review answers some of those questions. … We feel like this was a big, big step. …

Wiese-Carl also said meetings with neighborhood residents and Balloon Fiesta officials will continue if the project is approved and said this once the leas is approved:

“That’s when the fun part begins in terms of designing the stadium and making it something everyone can be proud of. … Even if the City Council passes the proposal, our work with the neighborhoods and community members is not done. It’s just getting started.”

United Owner/President/CEO Peter Trevisani for his part said the club has been meeting with neighbors, Balloon Fiesta and city officials to build consensus on the project and minimize potential environmental and neighborhood issues. He said the EPC’s vote is a reflection of those meetings. Trevisani said this in a statement:

“The Commission’s recognition of that hard work is an indication that this project truly serves all of New Mexico.”

The link to quoted news source material is here:

https://www.abqjournal.com/news/united-soccer-stadium-proposal-clears-hurdle-goes-to-city-council-for-monday-vote/article_942635c2-84e2-11ee-b1c1-d3915aaf4cae.html

TERMS AND CONDTIONS OF LEASE

The Unites New Mexico lease was negotiated by the Keller Administration It’s a take it or leave it approval without negotiation of terms the City Council may want. If the lease is approved by the City Council, construction for the new stadium can begin within 90 days.

The lease term will be for an initial period of 30 years with the option to renew and extensions for two 15-year terms which means the lease could be for a full 60 years.

The lease agreement contains the following terms and conditions:

Seven acres of land, which is currently for parking at the park, will be leased by United New Mexico for $35,000 a year with a 2% rent increase each year.
United will pay the city 10% of revenue from parking fees it charges.
United New Mexico must initially invest at least $30 million of private funds to design and build the stadium.
The city is obligated under the lease to build certain features that remain open to the public during Balloon Fiesta, including shade areas and public restrooms.
United will not be allowed to host games during the annual Albuquerque International Balloon Fiesta
The planned stadium will not interfere with ballooning in the area.
The city will be able to use the stadium 10 days a year for free.
United would retain all other revenues generated from the stadium, and from naming rights, sponsorships, advertising, tickets, merchandise, games and other events, while taking on all costs to operate the stadium and parking at all times. United would pay its own utility costs. The city would get its own box or cabana or a specialized seating area.
At the end of the lease, New Mexico United is obligated to sell the stadium for $1 to the city of Albuquerque, unless the lease is extended by mutual agreement.

Last month, a spokesperson for New Mexico United said details about the design, size or cost are yet to be determined. The city will not be involved with the stadium design.

At the September 29 press conference announcing the lease, Mayor Tim Keller said this:

“We’re using state money, federal money, and existing money that we had to do the utilities, the earthwork, the electrical work that it takes to put in the stadium. … We mostly had to do that anyway because we want to do those improvements at the Balloon Fiesta that have to do with Vendors Row. … Now it’s real. And, now, it’s also mostly out of my hands. …

This is going to be a private stadium, and so what we have allowed for in the lease agreement is roughly ten days where the city can use it for city events. … We have also built into this lease agreement, by request, that it be used and available for soccer championships. … [The lease] also means bathrooms. …We might actually have permanent bathrooms at Balloon Fiesta Park.”

On October 2, in an interview with the Albuquerque Journal, Trevisani said United has not finalized plans for a potential Balloon Fiesta Park stadium, including its initial size and even whether the playing surface would be grass or artificial turf. Trevisani said this:

“I think the City Council has been great along the way. … I’m not a politician, but I truly believe they want to make Albuquerque the best version of itself possible. This is not a red-blue issue — it’s not even a red-green issue. This is about building a stadium with private funding that makes the city better. I think it’s a win-win.”

On other issues in an Albuquerque Journal interview relating to the stadium, Trevisani said this:

HIGH SCHOOL SOCCER GAMES AT THE STADIUM:

“We want to have high school games. There are things in (the lease agreement) that call for that, things that benefit United and things that benefit the city and Balloon Fiesta Park, including us not playing games during Balloon Fiesta and hosting high school games at the stadium.”

HOW A STADIUM WOULD FIT INTO THE BALLOON FIESTA PARK AREA:

“Working with Balloon Fiesta has been amazing. We’ve found that working together can be collaborative. They’re lacking things like bathrooms and water hookups, which this will address. … We want the stadium to help the area develop in a way that’s respectful to the neighbors and businesses who are there now.”’

NATURAL GRASS VERSUS ARTIFICIAL TURF:

“My heart says grass, my wallet says turf. Everyone likes playing on grass, but there’s a balance to consider because we want to have women’s games and high school games and you can’t play on grass every day. There’s also the expense of watering to consider. We’ll probably make that decision as late in the process as possible.”

BRINGING A WOMEN’S PROFESSIONAL SOCCER TEAM TO ALBUQUERQUE:

“We have to bring forward a women’s team. Exactly what level that will be initially, we’ll see. But I know in my heart of hearts we will have a women’s team with New Mexico on its jerseys. We can’t have that now because of space and scheduling at Isotopes Park. A new stadium makes it possible.”

The link to the quoted news source is here:

https://www.abqjournal.com/news/now-its-real-lease-agreement-puts-united-soccer-stadium-at-balloon-fiesta-park-a-step/article_483d36e2-5f17-11ee-8af8-6bf74e6e6b79.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

The Albuquerque City Council approving the lease is absolutely crucial for the continued existence of the New Mexico United Soccer team in Albuquerque. The soccer team currently plays home matches at Isotopes Park under a sub-lease arrangement. That agreement runs through next season but will not serve as a long-term solution.

The USL Championship, the league in which United competes, has mandated that its franchises have permanent soccer-only stadium arrangements in place by 2026. Franchises unable to secure stadium deals will likely be relocated or forced to fold, as USLC member San Diego Loyal did at the end of the 2023 season.

Ultimately, the City Council should approve the lease, but the question raised is should it be the current city council with 3 outgoing city councilors or the new council that will be sworn in on January 1 with 3 new city councilors? The regular 2023 municipal election to elect City Councilors for City Council Districts 2, 4, 6, and 8 was held on November 7, 2023. A runoff is now scheduled for December 12 between Progressive Democrat Nichole Rogers and Progressive Democrat Jeff Hoehn is scheduled for December 12. Three new city councilors will assume office on January 1, 2024. The current city council could once again defer the final vote on the lease until the new council is sworn in. Deferral until the new city council is sworn in would allow time to negotiate more additions and the needed changes to the lease. It is the new City Council that will have to deal with any problems associated with the lease, so it would be reasonable to let the new City Council vote on it.

The reason for further deferral is that there a few concerns that still need to be addressed in the lease by the City Council:

The lease is being presented to the city council as a take it or leave it proposition without allowing negotiation of additional terms the council may want under the lease as written. United will retain all revenues generated from use of the stadium for other types of events without clarification what those events would include, which presumably will include using it as an entertainment venue for concerts and entertainment events. There is no mention of securing city approval of other type of events or of other uses nor the stadium being allowed be “sub leased” to other tenants requiring city approval to generate income with the city sharing in the income from other events.

Although Mayor Keller claims the City will not fund the stadium’s construction, the City website states that “the State has provided capital to the City of Albuquerque for infrastructure improvements that will provide needed upgrades at Balloon Fiesta Park.” The stadium is not an upgrade to the park and the question that needs to be answered is can the funding be diverted to an unrelated construction project or facility? The lease should also contain specific provisions that the Soccer Team will assume any and all costs for future improvements or remodeling to the facility without any city funding.

The Keller Administration has yet to explain why Balloon Fiesta Park for the new Soccer Stadium. There are other city owned lands that could just as easily be used for the new soccer stadium. Good examples include the decommissioned south runway at the Sunport or an underutilized golf course.

Links to related blog articles are here:

On October 16 Lame Duck City Council Scheduled To Vote To Approve 30 To 60 Year Lease Of 7 Acres of Balloon Fiesta Park To New Mexico United Soccer Team To Build Privately Funded $30 Million Soccer Stadium; Concerns That Should Be Addressed By Council Before Approval

Mayor Keller Seeks City Council Approval Of 30 To 60 Year Lease Of 7 Acres of Balloon Fiesta Park To New Mexico United Soccer Team To Build Privately Funded $30 Million Soccer Stadium; Keller’s Rush Job For City Council Approval By A Lame Duck City Council; It’s Always About Keller’s Legacy Projects