Disingenuous And Calculating City Councilor Tammy Fiebelkorn “Fast Tracks” Resolution To Eliminate Public’s Rights To Appeal “Safe Outdoor Spaces”; Resolution In Response To Court Injunction Prohibiting City From Removing Homeless Encampments; Fiebelkorn Resolution Empowers City Planning To Approve SOS Applications With No Public Appeal And No City Council Intervention; Council Should Vote No

Posted on November 6, 2023 by

On October 20, District 7 Albuquerque City Councilor Tammy Fiebelkorn emailed her monthly news letter to her constituents that can only be described as being disingenuous, calculating and very misleading as she wrote about a pending legal case against the city that has yet to be tried and announced a resolution she is sponsoring. The news letter reads as follows:

“One of the biggest issues of the past month is an injunction issued by the 2nd Judicial District Court that restricts the City’s ability to move people camping in public spaces beginning November 1. The injunction is very broad and only allows removal of campers from private land, sidewalks, and school properties.

The judge was very clear in the injunction that the reason for these restrictions is that there are simply not alternative places for unhoused folks to go, and until there are adequate options in our city, campers cannot be dislodged from public spaces.

I have a serious concern about what this means for our parks, open space, and all other public spaces in our city. As we learned from Coronado Park, the long-term presence of multiple people can have lots of negative impacts on the land. Imagine this situation in open space, near arroyos, or our neighborhood parks?

While the City will be requesting more guidance on this injunction from the court, it’s vital that we begin to comply with the requirements as soon as we can to alleviate the possible disastrous impacts.

To that end, I have proposed R-178. This legislation is a step that will let the City develop the needed alternatives in a quantity that will allow us to comply with the judges’ requests quickly.”

On October 31, in an interview Fiebelkorn had this to say about her resolution:

“With this injunction, I think we have to start scrambling to really comply with what this judge is saying. … The other options here are very, very slim. If they truly enforce this injunction, we could be in a lot of trouble for our parks, our open space or our public areas.”

https://www.abqjournal.com/news/could-a-court-injunction-starting-wednesday-bring-more-safe-outdoor-spaces-to-albuquerque/article_ca68dd66-783e-11ee-a09d-e3714007245e.html

CONTENTS OF R-17

Following is Resolution R-17 being sponsored by Fiebelkorn:

RESOLUTION SUSPENDING ADMINISTRATIVE APPEALS TO SAFE OUTDOOR SPACE APPLICATIONS IN RESPONSE TO COURT INJUNCTION RESTRICTING REMOVING ENCAMPMENTS FROM PUBLIC LAND

WHEREAS, the City is experiencing a housing crises; and

WHEREAS, as one means to address the crises, the City Council amended the Integrated Development Ordinance to authorize “Safe Outdoor Spaces” within the City; and

WHEREAS, the Planning Department thereafter approved several applications for Safe Outdoor Spaces; and

WHEREAS, the Land Use Hearing Officer on multiple occasions reversed the decision of the Planning Department, requiring the applicant to submit additional materials on order to obtain the required permit for a Safe Outdoor Space; and

WHEREAS, as a result of these administrative burdens, several applicants abandoned efforts to develop Safe Outdoor Spaces; and

WHEREAS, only two Safe Outdoor Spaces have been developed within the City, and both are accessible only to individuals with vehicles; and

WHEREAS, the City of Albuquerque has been enjoined from enforcing restrictions on camping, including camping in parks and open space, until it provides sufficient beds for the unhoused population; and

WHEREAS, the City must act urgently to provide more beds as quickly as possible, both to ensure that it provides shelter for the unhoused population and to ensure that it can protect its open space; and

WHEREAS, some unhoused individuals prefer outdoor areas, including Safe Outdoor Spaces, to indoor shelter space, and as a result any effort to expand the number of available beds should include outdoor areas such as Safe Outdoor Spaces; and

WHEREAS, it is the responsibility of the entire City to address the housing crises, and the burden of addressing that crisis should not fall more heavily on certain areas within the City.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF 7 ALBUQUERQUE:

SECTION 1. The requirements … of the Integrated 9 Development Ordinance, as applied to Safe Outdoor Spaces, are hereby suspended. Until further action is taken by the Council, the decisions of the Planning Department with regard to applications for Safe Outdoor Spaces will be deemed final administrative decisions, and those decisions will not be subject to appeal to the Land Use Hearing Officer or the City Council.

SECTION 2. The Planning Department shall only approve two Safe Outdoor Spaces per Council district.

SECTION 3. The Department of Health, Housing and Homelessness shall identify potential locations for Safe Outdoor Spaces operated by the City and shall, within 45 days, submit applications for at least three Safe Outdoor Spaces.

In addition, the Department shall identify current resources available for the operating costs of those Safe Outdoor Spaces.

The Department shall, within 60 days, submit a report to City Council that describes the status of those applications, identifies any additional locations for Safe Outdoor Spaces to be operated by the City, and identifies any additional resources needed for the City to operate Safe Outdoor Spaces.

SECTION 4. In addition, the Department shall, within 60 days, prepare a report to City Council that identifies the number of beds needed to provide shelter to the unhoused population within the City of Albuquerque, identifies the resources needed to provide those beds, and sets forth a plan to provide those beds in the shortest possible time frame.

… .”

SAFE OUTDOOR SPACES

“Safe Outdoor Spaces” are organized, managed homeless encampments with 40 designated spaces for tents that allows for upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The Integrated Development Ordinance (IDO) sets a limit of two in each of the city’s 9 council districts. Although the Integrated Development Ordinance amendment sets a limit of two in each of the city’s 9 council districts, the cap would not apply to those hosted by religious institutions.

On June 6, 2022 despite significant public outcry against Safe Outdoor Spaces the Albuquerque City Council enacted the legislation and passed it on a 5 to 4. On December 5, 2022 the City Council voted on a 5 to 4 vote to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use. Mayor Tim Keller vetoed the legislation. It was the councils third attempt to reverse its own decision to allow Safe Outdoor Spaces with one vote defunding them.

On January 4, 2023 the city council attempted to “override” Keller’s veto, but failed to secure the necessary 6 votes. Initially, there were 6 applications for Safe Outdoor Spaces, but only 3 were approved with one of those approved abandoned because the city sold the property to where it was to be located.

ACLU SUES CITY OVER CORONADO PARK CLOSURE

On Monday, December 19, 2022 the American Civil Liberties Union of New Mexico, the NM Center on Law & Poverty, and two private law firms filed a “Class Action Complaint For Violations of Civil Rights and for Declaratory and Injunctive Relief” against the City of Albuquerque over the closure of Coronado Park which has become a de facto city sanction homeless encampment. The Plaintiffs allege they were displaced from Coronado Park when the city closed it and that the city did not provide satisfactory shelter options to them although the city said it did give notice and offered shelter and services, including vouchers. According to an ACLU, the lawsuit was filed to stop the City of Albuquerque from destroying encampments of the unhoused, seizing and destroying personal property and jailing and fining people.

On March 31, 2023, the Plaintiff’s file an “Emergency Motion for a Preliminary Injunction” with a separate “Memorandum In Support” of the motion attaching affidavits. On April 24, 2023, the City filed its Response to the Motion with a brief and affidavits. On May 12, 2023 the Plaintiffs filed a Reply. On September 8, 2023, Judge Allison held a hearing on the motion.

INJUNCTION ISSUED AGAINST CITY

On September 21, State District Court Judge Josh Allison entered a Preliminary Injunction against the City of Albuquerque from “enforcing or threatening to enforce” statutes and city ordinance to displace the homeless from public spaces. The Court also enjoined the city from seizing and destroying homeless belongings and mandates a warrant and post deprivation hearings regarding personal belongings seized.

Judge Allison issued the follow injunction orders against the City:

“1. [T]he City of Albuquerque … is hereby enjoined from enforcing, or threatening to enforce as a means of seeking compliance with, any statutes and ordinances against involuntarily unhoused people that prohibit a person’s presence in, or the presence of a person’s belongings on, outdoor, public property.

[T]he City may continue to enforce statutes and ordinances that would prohibit a homeless person from:

(a) obstructing sidewalks (including ramps, stairways, and stairwells), driveways, medians, alleyways, public rights of way (including walkways, streets, roads, trails and other paths, bike lanes, and bike paths), parking lots, and other public roadways and walkways, when such obstructions pose an immediate threat to the safety of any person and the City documents and makes a written record of its findings of the immediate threat to the safety of any person; and

(b) occupying any property of any public school.

2. The City is further enjoined from seizing any unabandoned property belonging to a homeless person that is not contraband or is otherwise unlawful to possess without:

(a) having first received a validly executed warrant authorizing the seizure, or

(b) satisfying a legally-recognized exception to the warrant requirement such that the seizure is lawful or

(c) providing written notice to the homeless person to whom the property belongs that the specific property will be seized and providing a pre-deprivation hearing on the merits of the proposed seizure at least 72 hours prior to the proposed seizure.

3. The City is further enjoined from destroying any unabandoned property belonging to a homeless person without first adhering to the seizure provisions set out above … in the decretal provisions of this Order and without providing a post-deprivation notice and hearing regarding the property’s destruction, which includes a reasonable opportunity to reclaim the property.

4. This preliminary injunction does not enjoin the City from enforcing any statutes, ordinances, or other laws affecting private property or the rights of others to enforce their rights with respect to private property.

5. This preliminary injunction does not enjoin the City from enforcing any statutes or ordinances concerning any other criminal acts of unhoused people (meaning those apart from prohibiting a person’s presence in, or the presence of a person’s belongings on, outdoor public property). If, for example, a police officer has reasonable suspicion of criminal activity taking place by an unhoused person on outdoor public property (e.g., an outdoor fire that is prohibited by law, the destruction of public property, the possession of stolen property, or the unlawful use of a weapon), that police officer is not enjoined from taking lawful action to investigate those circumstances and to enforce those other criminal statutes or ordinances.”

Judge Alison ruled that the Injunction would become effective automatically at 12:01 a.m. on November 1, 2023.

https://www.abqjournal.com/news/could-a-court-injunction-starting-wednesday-bring-more-safe-outdoor-spaces-to-albuquerque/article_ca68dd66-783e-11ee-a09d-e3714007245e.html

CITY APPEAL JOINED BY BERNALILLO COUNTY DISTRICT ATTORNEY

Immediately after the ruling, the City Attorney’s Office announced the city intended to challenge the decision and responded to the injunction with the following statement:

“This dangerous ruling would severely limit our ability to keep our city clean and safe, while getting people connected to the help they need. We intend to challenge the decision and protect our ability to enforce necessary public safety measures.”

The city has asked the New Mexico Supreme Court to intervene against the injunction. The ACLU has yet to file a response. The city also asking for clarification about the scope of the injunction. The City has has not received a ruling from the Supreme Court nor the District Court.

On November 2, it was reported that Bernalillo County District Attorney Sam Bregman’s office has filed an amicus brief in the ACLU lawsuit brought against the city to try to get more flexibility on how the city deals with unhoused people. Bregman said this:

“As the district attorney, I’m charged with enforcing the laws of the state of New Mexico. And too many times what comes across my desk is the fact that the homeless, the unhoused, are actually victims of horrific crimes. … I don’t have to look past two days ago, two days ago, when a jury came back and convicted [Jeremy Garcia] … of second-degree murder for intentionally running someone over at [Coronado Park] … homeless encampment. … I do believe that we need to focus on long-term housing, but also short-term. We need to make sure we provide enough beds for anybody that is experiencing homelessness and we need to make sure we’re doing it the best we can as far as providing resources. … We can’t accept the idea that we just have to let the them, [the homeless] be. And in other words, we don’t give them the help homeless people need and the community just has to accept it. … It’s not, it’s not acceptable. We need to make sure we get them the resources they need. But at the same time, we need to be able to enforce the law.”

The link to the quoted news source is here:

https://www.koat.com/article/new-mexico-homeless-people-rules/45716458

CITY ACTIONS IN RESPONSE TO INJUCTION

In addition to filing the appeal, the city announced it has been taking steps to provide more shelter for the homeless. On November 1, City officials said the city is already doing much of what the judge is requiring them to do in the injunction. Deputy Chief Administrative Officer Matthew Whelan said this:

“The city has always been doing things that are part of the injunction, like giving 72-hour notice, prior to cleaning homeless encampments that weren’t immediate hazards,”

In September, Judge Joshua Allison found the city was punishing the unhoused by seizing or destroying their belongings without notice, ability to challenge that decision, or opportunities to reclaim their items. In response, Deputy CAO Whelan said this:

“It depends on what’s being cleaned up. … Some stuff is abandoned items that, you know, we do go and we do find an abandoned encampment or things that are abandoned. I know that the supervisors do circle the area to see if they can locate somebody who it is connected to, but if they can’t find that, then it’s just considered abandoned, and it falls into the guidelines of illegal dumping.”

Whelan also said since Judge Alson issued the injunction, the city’s protocols have not changed much. Whelan said this:

“Prior to the entry of the injunction, we consistently had sufficient beds at our West Side Emergency Housing Center. … We have used housing vouchers and hotels in the past, but we just continued to do a lot of the things that we were already doing. We did add another component of additional storage where we can offer storage to people – we had offered this in the past at certain points. But now we’re going to continue to do that.”

Health, Housing and Homelessness spokesperson Katie Simon said the city is taking action in response to the injunction and in anticipation of the onslaught of Winter. Health, Housing and Homelessness spokesperson spokesperson Katie Simon said this:

“The addition of these emergency winter beds is definitely good timing vis-á-vis the injunction. … But we also know that winter is upon us and we want to keep people from freezing.”

At the city’s 24-7 homeless shelter Gateway Center on Gibson, 35 additional beds are being prepared for the cold winter months. The city is also working on infrastructure improvements at the Westside shelter, including renovating bathrooms, adding a warming kitchen and purchasing resources including 490 new bedbug-proof beds, mattresses and pillows to attempt to increase the number of people who can be accommodated at the site.

Links to quoted news source is here:

https://www.kob.com/new-mexico/albuquerque-officials-defend-homeless-protocols-despite-judges-injunction/

https://www.koat.com/article/new-mexico-homeless-people-rules/45716458

https://www.abqjournal.com/news/could-a-court-injunction-starting-wednesday-bring-more-safe-outdoor-spaces-to-albuquerque/article_ca68dd66-783e-11ee-a09d-e3714007245e.html

COMMENTARY AND ANALYSIS

Fiebelkorn’s October 20 email to her constituents is extremely disingenuous, calculating and downright misleading. It borders on malfeasance in office for misleading her constituents. Fiebelkorn mischaracterizes the contents of the court ruling and the injunction. She goes as far as to say the city is seeking more “guidance” when in fact the city is appealing the entire ruling to the New Mexico Supreme Court seeking to have the injunction set aside or “quashed”.

FIEBELKORN MISLEADS BY FAILING TO GIVE REASONS FOR CITY’S APPEAL

Fiebelkorn in both her email and in her resolution fails to disclose why the city is appealing the injunction. The injunction usurps the city’s right to take necessary and preventative action to protect the public health, safety and welfare with the enforcement of public safety laws involving the homeless. Judge Allison essentially ruled the unhoused, because of their homeless status and because there is insufficient housing offered by the city, they have the right to violate the law and illegally camp wherever they want for how long as they want without government interference. Judge Allison found “the City is not constitutionally obligated to provide housing for homeless people” yet he ruled the city cannot “threaten” to enforce the laws against the homeless until the city provides sufficient shelter for all ignoring many chronic unhoused refuse city services.

The Albuquerque Police Department is under a court approved settlement in a federal lawsuit involving jail overcrowding wherein the city agreed not to make arrests for nonviolent crimes, such as trespass on public and private property, illegal camping on all city parks and streets, rights of way, alleyways and open space, shoplifting and prostitution to prevent jail overcrowding. APD is relegated to merely encouraging or telling the homeless to move on and camp elsewhere with no arrest and taking them to jail. Judge Allison has now enjoined such conduct.

FIEBELKORN’S PHONY EXPRESSION OF SYMPATHY A PLOY TO MANDATE SAFE OUTDOOR SPACES

In her email to constituents, Fiebelkorn says this:

“I have a serious concern about what this means for our parks, open space, and all other public spaces in our city. As we learned from Coronado Park, the long-term presence of multiple people can have lots of negative impacts on the land. Imagine this situation in open space, near arroyos, or our neighborhood parks? … This legislation is a step that will let the City develop the needed alternatives in a quantity that will allow us to comply with the judges’ requests quickly.”

When Fiebelcorn says “This legislation is a step that will let the City develop the needed alternatives in a quantity that will allow us to comply with the judges’ requests quickly” what she meant but did not say was city sanctioned Safe Outdoor Spaces are the “alternatives in a quantity” she wants. Failing to disclose is just as good as lying or at the very least misleading. Her comments amount to nothing more than an expression of phony sympathy as she attempts to cram down Safe Out Door Spaces down people’s throats saying they are “will allow us to comply with the judges’ requests quickly”.

During the two years she has been a city Councilor, Fiebelkorn has exhibited a pattern of down right hostility towards constituents who oppose or who disagrees with her votes on policy and legislation, including Safe Outdoor Spaces. Although known for attending the District 7 Neighborhood Coalition meetings to give updates on what is happening in her district, she repeatedly takes issue with those who disagree with her at the meetings and who ask her to reconsider positions. She told the officers of the District 7 neighborhood associations, which boasts membership of 10 neighborhood associations, that the coalition is not reflective of District 7 needs and concerns. She told the coalition’s officers she had already made up her mind on allowing Safe Outdoor Spaces and said she would not change her vote.

Fiebelkorn has always supported allowing the homeless to camp wherever they want without government interference. On June 1, 2 and 3, 2022, a remarkable exchange of emails occurred between City Councilor Tammy Fiebelkorn, who had been in office for 6 months, and former City Cuncilor Pete Dinelli. The purpose of the contact by Dinelli was to request Fiebelkorn’s assistance in removal of a homeless encampment of at least 6 tents in a drainage area East of San Pedro and North of Indian School and across the street from an established neighborhood. What occurred was a brush off by Councilor Fiebelkorn telling Dinelli she could not do anything and he needed to “follow the process” of calling 311 and with Fiebelkorn revealing her unmitigated support for “Safe Outdoor Space” city sanctioned homeless encampments. Fiebelkorn went far as to make a remark that was downright offensive and sexist.

On June 27, 2022, the on line news agency the New Mexico Sun published a column entitled “Community organizer: City council aide ‘called me a Nazi’”. The story was about a citizen contacting Feibelkorn’s office requesting that she not vote for the Safe Outdoor Space resolutions.

The link to the New Mexico Sun Article is here:

https://newmexicosun.com/stories/629452870-community-organizer-city-council-aide-called-me-a-nazi

Safe Outdoor Spaces became one of the most divisive issues dealt with by the City Council in 2023 and in some time. It not only divided the city council but also resulted in major opposition by neighborhood associations and homeowners.

Opposition to Safe Outdoor Spaces was shamelessly dismissed as “not in my backyard.” Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and city department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

REAL INTENT OF LEGISLATION TO GUT PUBLIC’S RIGHTS OF APPEAL

Fiebelkorn’s resolution R-178 is very short but very broad in scope. If enacted, it will obliterate the public’s right to appeal zoning decisions that affect neighborhoods. The WHEREAS provisions of the resolution give background context that are very broad and very misleading on a number of levels. The resolution fail to even mention the injunction and the court’s findings simply referred to by in Fiebelkorn in her email to constituents nor the reasons the 2nd Judicial District Court issued the injunction.

What is disgusting is that in her email to her constituents Fiebelkorn does not even mention the real intent and purpose of her legislation which is to simply give the City Planning Department exclusive authorization to review and approve Safe Out Doors Spaces in all 9 city council districts on city owned land. The legislation will eliminate the public right to appeal Safe Outdoor Spaces with the Planning Departments’ decision final and not subject to any appeals to the city’s Environmental Planning Commission and the Citizens Land Use, Planning and Zoning Commission nor the city council. She wants to eliminate all review of applications.

CONCULSION

Albuquerque City Councilor Tammy Fiebelkorn fails to understand there is pending litigation with a full trial still pending. She needs to allow the Court process to complete itself rather than jumping the gun and sticking her nose into the process of compliance. It’s the Keller Administration that is responsible for compliance and not the City Council Fiebelkorn needs to allow the city to continue with its efforts and the progress being made by the city to provide shelter.

The city council should vote NO without reservations on Fiebelkorn’s politically motivated and ill advised resolution R-178 and preserve the public’s rights to appeal the granting of Safe Outdoor Spaces.

New Mexico Sun Article On City Council District 6 Nichole Rogers Fund Raising For Her Non Profits Despite Delinquent Submissions With AG’s Office, Secretary of State and IRS

Posted on November 5, 2023 by

On Friday, November 3, the online news outlet “New Mexico Sun” published the following news article:

HEADLINE: City council candidate fails to file legal documents, make full accounting for her charity

By New Mexico Sun Reports

Nov 3, 2023

City Council candidate for District 6, Nichole Rogers, failed to file the required legal documents for her charitable nonprofit and has not disclosed a full accounting of funds raised, including how donations were spent, according to IRS documents from August of 2022 and New Mexico government department documents from this year.

Rogers started the Welstand Foundation in 2019 “to enhance all aspects of well-being for under-served and under-represented youth in New Mexico,” according to the New Mexico Secretary of State website.

The candidate, who said her occupation is “business consultant and financial adviser” to the Albuquerque Journal, has not publicly discussed the status of her foundation and attempts made to keep it in good standing with the New Mexico Attorney General and Secretary of State. Rogers also failed to file mandatory documents with the Internal Revenue Service, a delinquency first noted by the agency in May of 2022.

The IRS revoked the Welstand Foundation’s status on May 15, 2022. According to the IRS website, tax-exempt organizations that do not file 990-series returns for three consecutive years face this consequence.

On Oct. 20, 2023, the New Mexico Secretary of State listed Welstand Foundation as “active” but “not in good standing.” However, as of Nov. 1, it’s now in good standing, according to the SoS website.

Blogger Pete Dinelli reports that at least one media inquiry was made with Rogers regarding the foundation’s status and that she possibly took action to meet the IRS and SoS requirements as a result.

According to the New Mexico Attorney General’s charity search website, Welstand has been delinquent on its registration status since 2019.

“There are strict requirements set up by the IRS and the state of NM to maintain nontaxable, charitable status,” said Larry Sonntag of the New Mexico Business Coalition. ”Following these requirements is one way to safeguard donors’ money. Unfortunately, some people solicit money under the guise of a charitable cause when they are not a legit charity or foundation and they use the money for their benefit.”

“The loss of charitable status is, or should be a huge red flag to donors. Likewise, it is unscrupulous at least and a violation of codes/laws at worst if an organization continues to solicit ‘charitable’ donations when their status has been revoked.”

While the state requires nonprofits to file their IRS forms and asks for additional donor information, neither the state nor the IRS requires exact details on how donation money is used. However, the reports on Weslstand have line items for some details like income and expenses, including executive director and officer compensation, Sonntag said.

“So by not filing reports, who knows how much Nicole may have been paid/benefits, etc. from Welstand.”

Dinelli also reported on a Nextdoor.com post by Rogers in mid-October, in which the candidate said that Welstand was no more as of 2020. In a most recent post on Nextdoor.com, Rogers said she shut down the nonprofit in 2021; however, the foundation’s Facebook page shows that donations were still accepted in 2022.

According to the foundation’s Facebook page and City Council records, Welstand received and solicited donations while not in compliance with the state and IRS.

On Nov. 1, the foundation’s website and Facebook page were removed.

Marble Brewery, Nexus Brewery, and Hollow Spirits Distillery partnered with the foundation in February 2021 to create a special beer with 25% of the proceeds to Welstand. Rogers accepted the donation the following month, totaling $2,726.75.

According to the foundation’s Instagram, Albuquerque City Council allocated $15,000 to Welstand on May 18, 2020, through the city’s Coronavirus Community Support and Recovery Funds.

Rogers said the donation would help fund Welstand Village, the foundation’s first group home for children of color slated to open in the summer of 2021. The group home was never built.

The foundation again partnered with Marble Brewery on March 31, 2022 and announced that its Red Beers & Rice Lager raised $3,864.

Rogers, who is also the black community and business liaison to Mayor Time Keller, will face off against District 6 candidates in the Nov. 7 election.

“Unless she can prove that all the public records on Welstand Foundation are wrong,” Sonntag said. “Nicole Rogers wanting to be elected to a position that has oversight of billions in tax dollars should also be a red flag for voters.”

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

DINELLI COMMENTARY AND ANALYSIS

Progressive Democrat Nichole Rogers is a Basic certified Emergency Medical Technician and in 2012 earned an Associate of Arts and Sciences Degree in Integrated studies from Central NM Community. She lists her occupation as a “business consultant and financial adviser”. 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.

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

It is very difficult to understand how a candidate for Albuquerque City Council can hold herself out as a business consultant and financial advisor given 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.

The most troubling question that needs to be answered is exactly how much was she able to raise for her foundation since its creation in 2019 and where did the money go and what was it used for? No one knows, except Nichol Rogers. Forms are required annually of every 501(c)(3) nonprofit. Those 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 does it provide financial oversight, but it ensures that a nonprofit’s spending is in accordance with its mission.

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 of the forms 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 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.

Other questions that Nichole Rogers needs to answer before the election 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?

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.

Unless Nichole Rogers answers the questions posed and releases tax returns, she should withdraw from the race.

The link to the Dinelli blog article cited is here:

District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant; Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/

ABQ Journal Confirms Merit Of Dinelli Blog Article Reporting District 6 Candidate Nichole Rogers Nonprofit Raised Money Despite Delinquent Submissions With AG’s Office, Secretary of State and IRS; Rogers Should Release Tax Returns Or Withdraw From Race

Posted on November 4, 2023 by

On November 2, the Dinelli blog article entitled “District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant; Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?” was publish at www.PeteDinelli.com. A link to read the full Dinelli blog article is in the postscript below.

On November 4, the Albuquerque Journal published a story on line entitled “District 6 Candidate Nichole Rogers Nonprofit raised money despite delinquent submissions with AG’s Office, Secretary of State and IRS”. The Journal article was written by its Staff Reporter Aliana Mencinger and it repeats information reported in the Dinelli blog article but contains additional details and responses from Nichole Rogers.

Following is the full Albuquerque Journal article with the Journal’s link to its story:

“When District 6 City Council candidate Nichole Rogers first founded the Welstand Foundation, she dreamed of helping children of color around Albuquerque — particularly those aging out of the foster care system.

In February 2021, the foundation posted a photo on Facebook advertising Welstand Village — “a place where kids of color can thrive” — which was expected to open in summer 2021.

According to a 2021 Journal article highlighting the efforts of three local breweries raising money for the nonprofit, those plans were put on hold. She said the fundraiser would buy furniture for the first Welstand group home, and explained that each room would have a different theme: Wakanda from Black Panther, Harry Potter, Star Wars, etc.

But that home didn’t materialize.

Some voters in the district have questioned the operations of the foundation, which has fallen behind on certain paperwork while still soliciting donations. Rogers said the nonprofit has been defunct for several years.

Rogers said the foundation, which was hit hard by the pandemic, effectively disbanded on June 19, 2021. She said she trusted others to help with the paperwork but had never run a foundation before and lacked knowledge on the paperwork — and didn’t check that all forms had been properly submitted.

“It’s just an unfortunate oversight on my part,” Rogers said.

The foundation has been delinquent in its registration submissions with the New Mexico Office of the Attorney General since 2019, when the lack of a signature rendered the submission invalid. Since then, none have been submitted.

This year, the foundation missed a May 15 deadline to submit paperwork with the New Mexico Secretary of State’s Office, putting the nonprofit “not in good standing.” After speaking with the Journal, Rogers said she submitted paperwork with the office and is deciding whether to restart the nonprofit, which is now again in good standing.

In 2022, the Internal Revenue Service automatically revoked the foundation’s tax-exempt status. Rogers said the wrong forms were submitted to the IRS.

“I thought we had closed everything out,” Rogers said. “When you brought this up, and we looked up everything and saw that the paperwork wasn’t processed, actually now I have to decide, like, ‘Wow, maybe I can continue with my passion work.’ … So this has actually been a blessing in disguise.”

She said she’s working to get all the paperwork up to date, including submissions with the IRS and the NM Attorney General’s office, which she was unaware was required.

Posts on the Welstand Foundation Facebook page, which has since been deleted, showed the foundation was still soliciting donations in 2022. In early 2022, the page showed that several local breweries, which had raised money for the Welstand Foundation the previous year, contributed a portion of their sales to the foundation for Black History Month. Marble Brewery posted it had raised $3,864 for the foundation.

Rogers said when the breweries reached out this year, she told them the foundation wouldn’t be a good fit since it was no longer active.

In November 2022, the foundation’s page added a photo in asking for donations to “help a child in need” for Giving Tuesday, a donation movement that occurs the Tuesday after Thanksgiving.

Rogers said the foundation received no donations from that fundraiser; she added that all money raised after 2021 went to covering the costs of the foundation. Some of the foundation’s projects included outreach to groups typically undercounted in the Census and bringing food boxes to insecure families during the pandemic.

Two years earlier, in 2020, City Council voted to send $1 million in funding reallocated to COVID-19 needs to several organizations, including Rogers’. The foundation received $15,000.

“All of the money went to those projects,” Rogers said. “There was no leftover funding at all, from any of our projects. We had no paid employees, there were no expenses other than WiFi. It was a foundation of one person: me.”

When asked if the solicitation of donations was appropriate for an organization with missing registrations, the NM AG’s office responded, “Thank you for making us aware of the solicitation of donations. We are looking into this issue.”

“Further, the statute allows our office to promulgate rules surrounding charities and the charitable solicitations act — we are hiring a charities attorney who will be tasked with this effort,” an emailed statement from the office read. “In general this statute has not been widely enforced, however Attorney General (Raul) Torrez plans to engage in a more vigorous process regarding charities who are violating the act.”

Rogers, a business consultant and financial adviser, said she didn’t think the foundation fizzling out should disqualify her from seeking a City Council seat. Rather, she said, it was a learning experience.

“You want an expert who has lived experience with these issues, not someone who’s lived a privileged life,” Rogers said. “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.”

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

DINELLI COMMENTARY AND ANALYSIS

Progressive Democrat Nichole Rogers is a Basic certified Emergency Medical Technician and in 2012 earned an Associate of Arts and Sciences Degree in Integrated studies from Central NM Community. She lists her occupation as a “business consultant and financial adviser”. 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.

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

Other questions that Nichole Rogers needs to answer before the election 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?

Unless Nichole Rogers answers the questions posed and releases tax returns, she should withdraw from the race.

____________________________________________________________

POSTSCRIPT

District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant; Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?

$200 Million In General Obligation Bonds On November 7 Ballot For Voter Approval; Voters Should Vote YES To Invest In Ourselves And City’s Quality of Life

Posted on November 3, 2023 by

On the November 7 City of Albuquerque municipal election ballot, in addition to the District 2, 4, 6 and 8 City Council positions, are seven general obligation bond amounting to $200 Million. It was in April that the Albuquerque City Council approved the city’s general obligation bond package to place the funding on the November 7 ballot. Funding for one project can be moved to another within the same grouping where needed.

Following are the 7 areas of funding:

Public Safety
Parks and Recreation
Senior, Family and Community Centers and Affordable Housing
Energy and Water Conservation
Storm Sewer System
Street and Transportation and
Library, Museum and Cultural Facilities

Not surprising is that street and transportation projects will receive the largest funding at $50 million. $4.3 million in bonds would be used to rebuild major streets and intersections, $1 million of which will be used for the intersection of Paseo del Norte and Unser and McMahon.

$35 million in general obligation bonds will be used for parks and recreation. Included in that $35 million is funding for the long time planned North Domingo Baca Aquatic Center. The center is costing between $56 million and $58 million and the $35 million on the ballot will fully fund the project. with the approval of the bond.

The seven bond questions with the major capital improvement projects are as follows:

Following are the General Obligation Bond questions with totals listed for the projects:

Public Safety bonds: $25 million

$1 million toward the Albuquerque Community Safety facility
$8 million for new fire stations and $2 million for existing station renovations
$6 million for rehabilitation of and upgrades to the Albuquerque Police Department

Parks and Recreation bonds: $35 million

$1 million to Balloon Fiesta Park improvements
$5 million to the North Domingo Baca Aquatic Center
$4.9 million for Little League fields rehabilitation

Senior, family, community center, homeless, affordable housing, metropolitan redevelopment and community enhancement bonds: $36 million

$5 million for the Gateway Center
$7.5 million for affordable housing
A total $5.8 million for the Highland Senior Center, Manzano Mesa Multigenerational Center and Cibola Loop Multigenerational Centers

Energy and water conservation, public facilities and system z modernization bonds: $24 million

$6 million for energy conservation
$1 million for city vehicle replacements

Storm sewer system bonds: $14 million

$5 million for Southeast Heights Green Stormwater improvements
$2 million for Pueblo Also Mile-Hi Flood Mitigation

Street and transportation bonds: $50 million

$1.9 million for renovations at the Transit Department’s Yale Facility
$4.3 million for major street and intersection reconstruction

Library, museum and cultural facilities bonds: $16 million

$3.2 million for library materials
$2 million for the Tijeras Arroyo BioZone Education Center
$4 Million for Unser Racing Museum

A complete and detailed breakdown of the city’s 2023 general obligation bond program with detailed project descriptions and amounts can be reviewed in the city’s 46 page “2023 General Obligation Bond Program and Capital Implementation Program” at the below link:

Click to access 2023-bond-program-entire-book.pdf

Links to quoted sources are here:

https://www.abqjournal.com/election/election-2023-bond-questions-what-else-is-on-the-nov-7-ballot/article_d8446ad0-7781-11ee-b382-2fbf7cf27444.html

https://www.abqjournal.com/news/local/if-albuquerque-voters-approve-200-million-in-bonds-this-fall-here-s-how-the-city/article_7793a40f-7c93-57ee-9661-f0d1a6864e4d.html

COMMENTARY AND ANALYSIS

“General obligation bonds fund a host of capital improvements that directly affect the basic needs and quality of life of every Albuquerque resident. These improvements include critical police and fire facilities, vehicles and equipment; basic street and storm drainage improvements; public transportation improvements; medians, parks, recreational and open space facilities; cultural institutions, including the libraries and museums and senior and community centers. … All these capital facilities and more are funded primarily by general obligation bonds. Revenue bonds typically fund improvements to the Sunport, Double Eagle II Airport and to the Solid Waste Management and Disposal systems.”

Public approval of general obligation bonds for major projects is city government working at its very best. It gives the general public the opportunity and indeed the responsibility to invest in the city. Major projects financed by general obligation bond projects without a doubt enhance the quality of life of the city. The voting public is urged to vote YES on all the general obligation bonds.

District 6 City Councilor Candidate Nichole Roger’s Holds Herself Out As Business And Financial Consultant; Failed To Timely File Required Legal Documents For Her Charitable Nonprofit; Failed To Make Full Accounting As To Where Funds Raised Has Gone; Rogers Should Release Tax Returns; Will Rogers Seek City Funding For Her Non-Profit If Elected City Councilor And Lobby New Mexico Legislature For It?

Posted on November 2, 2023 by

The regular 2023 municipal election to elect City Councilors for City Council Districts 2, 4, 6, and 8 will be held on November 7, 2023. District 6 includes Nob Hill, the International District, and other neighborhoods and is currently represented by Progressive Democrat City Councilor Pat Davis who is not seeking a third term. The candidates who have qualified and who will appear on the ballot for City Council District 6 are:

Progressive Democrat Jeff Hoehn, the Executive director of Cuidando Los Niños.
Progressive Democrat Nichole Rogers, Office manager and independent contractor for Primerica Financial Services.
Progressive Democrat Kristin Greene, a community activist and private business owner.
Progressive Democrat Abel Otero, the operator of Fonzy’s barbershop who has announced he has suspended his campaign and no longer seeking the job but his name will remain on the ballot.

PROGRESSIVE DEMOCRAT NICHOLE ROGERS

Progressive Democrat Nichole Rogers is a Basic certified Emergency Medical Technician and in 2012 earned an Associate of Arts and Sciences Degree in Integrated studies from Central NM Community. She lists her occupation as a “business consultant and financial adviser”. 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.

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

WELSTAND FOUNDATION

Among Rogers professional experience claims is that she is involved with the non profit and charitable corporation Welstand Foundation and it is believe she formed it in 2019. 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 her corporation 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. It is understood the corporation failed to file required forms and its tax exempt status was then revoked.

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 website to do 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. Confidential sources have been told that at least one media inquiry was made with Nichole Rogers recently regarding the status of the corporation. It’s more likely than not Rogers took steps to conform with the requirements of the law to have the corporation become in good standing because of the media inquiry.

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 at all 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

The most troubling question that needs to be answered is exactly how much was she able to raise for her foundation since its creation in 2019 and where did the money go and what was it used for? No one knows, except Nichol Rogers. As noted above, a Form 990 is required annually of every 501(c)(3) nonprofit. 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. Welstand Foundation should have filed three Form 990s.

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.

Other questions that Nichole Rogers needs to answer before the election 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?

Links have been provided so that voters can make up their own minds about who has the “professional experience” and integrity to be elected a City Councilor for District 6.

A link to a related blog article that provides additional information on the District 6 City Council race and the candidates is here:

Update On November 7, 2023 ABQ City Council Races; One Candidate Drops Out After Exposed For Falsehoods; Voter Fraud Alleged In District 4 With One Registration; Candidates Identify Biggest Issues And Solutions Facing Districts; Mayor Tim Keller Operatives Helping 3 Council Candidates To Insure His Influence Over City Council For His Politcal Agenda As He Plans To Run For Third Term In 2025

Endorsements For ABQ City Council Districts 2, 6 and 8; No Endorsement In District 4 Race As Voter Fraud Allegations Surface; Candidate Guest Columns Reflect The Leadership City Needs Now For Its Immediate Future; Vote November 7!

Posted on October 31, 2023 by

The regular 2023 municipal election to elect City Councilors for City Council Districts 2, 4, 6, and 8 will be held on November 7, 2023. This blog article is an endorsement of candidates running in City Council Districts 2, 6 and 8. It also contains guest columns by the 3 candidates. No endorsement is made in the City Council District 4 race in that neither candidate has articulated a clear vision for the district with the candidates now preoccupied with allegations of voter fraud that have yet to be proven.

ANNOUNCED CANDIDATES

The candidates who have qualified for the ballot and public financing are the following:

DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

Joaquin Baca, Progressive Democrat: Water rights program manager at the U.S. Forest Service, member of the Middle Rio Grande Conservancy District, President of the ABQCore neighborhood association. (Qualified for $40,000 public financing.)
Loretta Naranjo Lopez, Moderate Democrat: Retired city planner and current President of the Santa Barbara and Martineztweon neighborhood Association Neighborhood Association and former Board of Directors member of NM Public Employees Retirement Association. (Qualified for $40,000 public financing.)
Moises A. Gonzalez (Independent): Documentary filmmaker, former teacher and community activist. (Privately financed candidate.)

DISTRICT 4 (NORTHEAST HEIGHTS)

Brook Bassan, Conservative Republican: Incumbent City Councilor and a stay-at-home mom. (Qualified for $40,262in public financing.)
Abby Foster, Progressive Democrat: Small business owner, attorney and mediator who practices adult guardianship law. (Privately financed candidate and according to most recent finanace report has raised $77,900.)

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT)

Jeff Hoehn,Progressive Democrat: Executive director of Cuidando Los Niños. (Privately financed candidate.)
Abel Otero,Progressive Democrat: Owner and operator of Fonzy’s barbershop. (Qualified for $40,000.00 public financing.)
Kristin Greene,Progressive Democrat: Tattoo artist and Burlesque dancer. (Qualified for $40,000.00 public financing.)
Nichole Rogers,Progressive Democrat: Office manager and independent contractor for Primerica Financial Services. (Qualified for $40,000.00 public financing.)

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

Dan Champine,Conservative Republican: A retired police officer and current mortgage lender. (Qualified for $44,577.00 public financing.)
Idalia Lechuga-Tena,Moderate Democrat: Vice president of Meals on Wheels of New Mexico former NM House representative for District 21. (Qualified for $44,577.00 public financing.)

The link to the City Clerk’s website listing the candidates is here:

https://www.cabq.gov/vote/candidate-information/2023-candidates-and-committees-1

CANDIDATE GUEST COLUMNS WITH ENDORSEMENTS

The following individual candidates are recommended to voters as the best candidates to support and to vote for on November 7 in their respective Districts:

DISTRICT 2 (DOWNTOWN, OLD TOWN, PARTS OF THE NORTH VALLEY AND WEST SIDE)

Loretta Naranjo Lopez is a retired city employee and a 15-year veteran of Albuquerque’s City Planning Department involved housing code enforcement. She is also a former member of the Public Employees Retirement Association Board of Directors. She is the current President of the Martinez Town Santa Barbara Neighborhood Association. She has lived in her district 63 years, she is Albuquerque native, and a 6th generation Martinez from Martineztown.

https://www.abqjournal.com/election/district-2-candidate-questionnaire-loretta-naranjo-lopez/article_98016080-646d-11ee-9412-a345bf4c6a07.html

Naranjo Lopez opposed much of Mayor Tim Keller’s “Housing Forward ABQ Plan” which was a “multifaceted initiative” where Keller called for drastic changes to the city’s zoning laws known as the Integrated Development Ordinance to favor developers in order to add 5,000 new housing units across the city by 2025 above and beyond what private industry normally creates. The “Housing Forward ABQ Plan” included the city council agreeing to allow city sanctioned “Safe Outdoor Spaces” for the homeless, with 2 encampments of 50 allowed in each council district, and allowing the construction of casitas and duplexes as a permissive use on a all existing housing in the city. Naranjo Lopez successfully spearheaded opposition to a Safe Outdoor Space that was to be allowed on city owned property.

Naranjo Lopez says the 3 biggest issue facing District 2 are public safety, homelessness, and quality health care. To address public safety, she proposes a policy mandating increased police hiring and comprehensive training in de-escalation and community policing. To combat homelessness and the housing crisis, she proposes implementing affordable housing initiatives, increasing funding for homeless shelters, and collaborating with community organizations to provide support services. Additionally, she advocates for funding affordable housing and a new facility on the West Side to house and provide essential services to the homeless.

Naranjo Lopez believes that access to quality health care is a fundamental right, and it is imperative that we prioritize this issue. If elected she is committed to advocate for increased funding for health care facilities and programs, particularly in underserved areas of District 2. By ensuring equitable access to health care services, she believes we can improve the overall well-being of residents and reduce the burden on emergency services.

VOTE LORETTA NARANJO LOPEZ NOVEMBER 7 FOR CITY COUNCILOR DISTRICT 2

LORETTA NARANJO LOPEZ GUEST OPINION COLUMN

On October 17, the Albuquerque Journal published the following guest opinion column by Loretta Naranjo Lopez:

HEADLINE: Homelessness Requires Compassionate And Holistic Approach

“As a City Council candidate for District 2, I am honored to have the opportunity to serve the residents of the Heart District and contribute to the growth and prosperity of our beautiful city. With years of experience working closely with the city, particularly in the zoning department, I have witnessed firsthand the challenges and opportunities that lie before us.

Today, I am excited to share my vision for a brighter future for Albuquerque.

First and foremost, my campaign is centered around the people of our district. Their voices, concerns, and aspirations drive my commitment to creating positive change. Homelessness remains a pressing issue, one that demands our immediate attention.

I firmly believe that a compassionate and holistic approach is essential, which includes providing access to affordable housing, mental health services and job opportunities. By collaborating with community organizations and leveraging public-private partnerships, we can address the root causes of homelessness and ensure that everyone in our district has a safe and stable place to call home.

Public safety is another vital aspect of our shared well-being. Our community deserves to feel secure, and I am committed to working closely with law enforcement agencies, local organizations, and residents to enhance public safety measures. By promoting community policing initiatives, fostering trust between law enforcement and the communities they serve, and investing in prevention programs, we can create a safer environment for all.

Access to quality health care is a fundamental right, and it is imperative that we prioritize this issue. I will advocate for increased funding for health care facilities and programs, particularly in underserved areas of our district. By ensuring equitable access to health care services, we can improve the overall well-being of our residents and reduce the burden on emergency services.

Furthermore, protecting and preserving our environment is not only crucial for our health but also for the long-term sustainability of our city. I will work tirelessly to promote clean energy initiatives, support local businesses that prioritize sustainability, and advocate for stricter environmental regulations. By investing in renewable energy and promoting responsible urban development, we can create a healthier future for our children and generations to come.

I consider myself a moderate who values a balanced and thoughtful approach to decision-making. I believe in thoroughly studying the issues at hand, engaging with stakeholders, and considering multiple perspectives before making informed decisions. Collaboration and open dialogue are essential to effective governance, and I pledge to be accessible and responsive to the concerns of our residents.

Albuquerque, with its rich cultural heritage and diverse communities, has immense potential for growth and progress. However, we can only tap into this potential by working together. I am dedicated to being a strong advocate for our district, listening to your voices, and tirelessly working toward the betterment of our community.

I humbly request your support and encourage you to join me in building a stronger Albuquerque. Together, we can create a future that we are proud to call our own, where every resident thrives and our city shines as a beacon of opportunity. …”

https://www.abqjournal.com/opinion/homelessness-requires-a-compassionate-and-holistic-approach/article_844976d6-6c6a-11ee-9d4b-cbbf977304aa.html

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT)

Progressive Democrat Jeff Hoehn has a Master of Public Administration from the University of New Mexico, he is married to Charlotte Itoh and the couple have one child. He has lived in the district 21 years. He 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.”

VOTE JEFF HOEHN NOVEMBER 7 FOR CITY COUNCILOR DISTRICT 6.

GUEST OPINION COLUMN BY CANDIDATE JEFF HOEHN

City Council candidate Jeff Hoehn submitted the following guest column published on www.PeteDinelli.com on September 11:

“We all love Albuquerque. We are all choosing to live here.

I am Jeff Hoehn, and I am running for City Council for District 6. I have lived in District 6 for over 20 years. I am Executive Director of Cuidando Los Niños, a nonprofit working to end homelessness, and I am President of the Nob Hill Neighborhood Association Board of Directors. My commitment to Albuquerque and to District 6 are proven in my work and volunteering.

District 6 is a large and diverse district stretching from Eubank to the east, I-25 to the west, Lomas to the north and Gibson to the south as well as Mesa del Sol. It holds so much potential, yet it bears a significant share of the problems that are holding our city back. The time for effective and genuine progressive leadership is now, for District 6 and for Albuquerque.

We find ourselves at a crossroads with respect to the future of our city. Albuquerque has so much opportunity and promise, but it is not being realized. More than five years ago, we entrusted the future of our city to our Mayor, Tim Keller. We trusted him to lead, and to make a real difference on major issues including homelessness and crime. This is why we elected him.

The Mayor has had more than enough time to effect the change that we all voted for. I do agree with many of the mayor’s policies, and I too am a Democrat. But I am independent of the party line, and I am independent of the Mayor. I hold deeply to the values of the Democratic party but question the strategies this administration has developed. A City Councilor must put people first, offering practical and realistic approaches that are achievable rather than seeking political gain.

Now that Pat Davis has decided not to run for another term, we have a unique opportunity to vote for leadership and to effect change. My love for this city has motivated me to run for office for the first time. My background, experience and leadership qualities set me apart from every other candidate in this race.

The son of a union construction worker, I worked my way through college as a student at UNM. I worked in kitchens to support myself, working my way up from dishwasher to prep cook, line cook and then kitchen manager and chef. Inspired to a career change after starting a family with my wife Charlotte, I once again worked my way through school, working full time at a nonprofit, while earning a Master of Public Administration. This degree has given me a broad base of knowledge about public policy, leadership, budgeting and much more.

I have put these skills to work for the betterment of our community, first as Executive Director of the Carrie Tingley Hospital Foundation, and for the past five years, as Executive Director of Cuidando los Niños. Cuidando is a pillar of our community of which we can all be proud. It is a five star preschool and day shelter for families experiencing homelessness. For the past five years, I have seen the struggle and heartbreak these families endure, living on the edge of homelessness. But I have also seen the way that compassionate assistance and support can change lives. Cuidando now has a diversity of programs and assistance available to the families it serves, from housing assistance to a food program to transportation for the kids.

In fact, Cuidando has grown exponentially under my leadership. The budget has gone from $800,000 to $3,750,000 per year. We have grown the number of staff from 16 to almost 40, and increased pay and benefits for all employees. The number of homeless families served went from 40 a year to 225 a year. That is real community impact. This is all to say that I have the needed experience and leadership, and I am prepared for this job on day one.

Having thought about these issues for many years, I have policy positions that I intend to build coalitions around with residents and the City Council.

With respect to homelessness, the Mayor’s legacy is an enormous homeless shelter the neighborhood did not want and that many people experiencing homelessness will not use. As we all know, it has been hugely expensive. It cost $15 million to acquire the site, and another $7 million has been spent getting it up and running. Yet it is not up and running even now. And the ambitions for its scope have been dramatically scaled back, the Mayor having announced that it will serve just 50 women when it opens. In yet another example of the City’s haplessness, we are facing a fine of more than three-quarters of a million dollars for the asbestos debacle. I know that we can do better.

I believe that smaller, population-specific homeless shelters will be much more appealing to those experiencing homelessness. These can offer targeted wraparound services to their populations, and they will place a much lighter burden, if any on neighborhoods. We need to have compassion alongside pragmatism guiding our homelessness policy. We need to put real solutions before politics.

The mayor’s strategy on homelessness seems to stop at housing. Yet more housing alone will not solve homelessness. Our focus must be on preventing homelessness before it begins. For example, a robust eviction prevention program that helps pay rent or a bill will prevent people from becoming homeless for very low cost. The city should also consider compassionate, safe environments for those who choose to sleep outdoors. A successful example of this exists in Las Cruces. We simply can’t be afraid to do what is right, and what has been proven to work elsewhere.

With respect to crime, we must interrupt the cycles of crime and place much more focus on mental health and addiction treatment. We need to target the underlying drivers of crime. As a social scientist by training, I know that this can make an appreciable difference. We also need a functional justice system, and I applaud District Attorney Sam Bregman’s efforts to increase prosecutions and more importantly the efficiency and effectiveness of prosecutions.

It is true that the city needs far more police officers. But we need well trained, dedicated officers who will engage in constitutional policing. We need to get out from under the DOJ consent decree but do so with integrity. Real culture change in APD is still needed. While rebuilding the culture to attract police officers, we must be strategic so that officers are maximizing their time spent preventing and addressing crime. For example, I advocate short-term mobile APD command units in high crime areas. A dedicated team of officers can embed with the community, build trust and make the area unfriendly to criminal activity. I also know that ‘curb and gutter’ improvements in underserved areas of the city – such things as getting street lights working, building parks, adding trees and making sure basic city services are functioning – can have an impact on both crime and economic development. Everyone in our city deserves a clean and safe neighborhood.

We must demand economic development in the International District. This area has been ignored for too long by politician after politician. As City Councilor I will ask every other Councilor to spend time with me in the International District. Then, I will work with City Council on developing a comprehensive plan for the International District that is informed by residents and business owners and not by policy makers from above.

It’s time to put people above politics. This is why I am the change we need on the City Council. Elect a proven leader in November. We can do better. Vote Jeff for District 6.

Visit jeff4d6.com to learn more about me and my specific policy proposals.”

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

Moderate Democrat Idalia Lechuga-Tena is a graduate of the University of New Mexico with a B.A. Economics and B.A. Political science with a concentration in International politics. She is a naturalized citizen and has published academic research about immigration. She speaks 4 languages: English, Spanish, French and Italian.

She worked for Mayor Marty Chavez directly out of the Mayors office and she is now self-employed and is married. She has served as an New Mexico State Representative for the SE Heights International Neighborhood District after nominated and selected by the Bernalillo County Commission. She has been extensively involved with the District 8 Neighborhood Coalition having served as the chairperson and the areas Community Policing Council. Lechuga-Tena has lived in the Northeast Heights most of her adult life but moved into her husband’s home when the couple got married five years ago.

Lechuga-Tena essentially secured all of her qualifying nominating petition signatures and qualifying donations on her own by going “door to door” for months talking to voters and answering questions. She had little or no assistance from others nor Democratic party officials when she gathered nominating signatures and the $5 qualifying donations to secure public financing.

VOTE IDALIA LECHUGA-TENA NOVEMBER 7 FOR CITY COUNCILOR DISTRICT 8.

On October 20 the Albquerquerqu Journal published the following guest column submitted by Idalia Lechuga-Tena:

HEADLINE: Bold Solution Needed To Remedy Albuquerque’s Woes

“The plague of crime, fentanyl, addiction and homelessness is everywhere. We need bold solutions.

Too many have suffered violence, break-ins and crime of every sort. Every city agency, law enforcement official and community group needs to work together with our state partners to fix our city. The problem is a tall order. That is why I decided to run for City Council.

I am a former state legislator, and International Ambassador for Global Peace. I lead the Community Policing Council and attended the Citizens Police Academy. I have fought food insecurity on the front lines as vice president of Meals on Wheels New Mexico. I serve on the board of the Glenwood Hills Neighborhood Association and District 8 Coalition. I am an immigrant, small businesswoman, a proud product of Albuquerque Public Schools, graduated from UNM, and speak four languages.

My bold solution for addressing the plague of fentanyl, addiction and homelessness is to bring to Albuquerque a diversion program used successfully in Miami-Dade County. It will address unmet needs and reduce recidivism. It is a one-stop shop for addiction and psychiatric services for unhoused people with acute mental illnesses who are in the criminal justice system or at risk of entering it. We cannot incarcerate our way out of mental illness or drug addiction.

Drug addiction is responsible for 80% of our crimes. Our system and jail are overloaded with people who are untreated. Our district attorney, public defenders, and behavioral health court judges agree that a diversion program is a method to reduce crime and homeless.

We will have a $3.5 billion surplus at the next N.M. legislative session. I plan to advocate and get some of that money and start Phase 1. We need all hands on deck.

I hear the victims and families clearly. We need change.

Our families need to feel safer. Our streets need to be safer. I want 1,600 officers and a stronger police presence in every community. We should support police and first responders with better pay.

We need to comply with and end the DOJ consent decree. It is costing too much money, and that money needs to be diverted to our community’s problems, not DOJ’s pocket. We need to close the “revolving door” in the court system and fix a broken criminal justice system by working with the N.M. Legislature.

I will work tirelessly with every small business to reduce red tape at City Hall. I want to have a yearly workforce development conference for every large employer in Albuquerque and New Mexico so we can prepare our children for jobs that will pay them well and keep them here instead of leaving the state.

I am open to your advice and guidance. I do not like extremism. I like common sense. If you live in District 8, I respectfully ask for your vote. Let’s take Albuquerque back.”

https://www.abqjournal.com/opinion/bold-solutions-are-needed-to-remedy-albuquerques-woes/article_fa43d37c-6de6-11ee-9a49-ef470a496e81.html

DISTRICT 4 (NORTHEAST HEIGHTS) – NO RECOMMENDATION

Conservative Republican Brook Bassan of District 4 in the Northeast Heights is the only incumbent running for reelection. She has qualified for public financing and was given $40,262 in public financing to run her campaign.

Progressive Democrat Abby Foster is looking to unseat the first-term councilor and restore the Democratic Party’s supermajority. Foster is a privately finance candidate and according to her most recent finance report has raised $77,900. Foster has gone so far as to boast about all her endorsements at debates from Democratic Party elected officials even though the district is considered a Republican stronghold by politcal observers.

Abby Foster in the last 9 days of the campaign is alleging that Brook Bassan has engaged in “voter fraud” when Bassans’ city policy analyst Dawn Marie Emilio changed her voter registration to Bassan’s home address in order to support her re-election campaign. According to an ethics complaint that will be filed by a District 4 resident on October 30, Emilio changed her voter registration in April and on June 6, 2023, city records show she signed Councilor Bussan’s District 4 nominating petition for her reelection campaign and contributed $5 towards her public financing effort.

Bassan has denied all wrong doing. Emilio for her part has said she has lived in District 4 on and off for years, even before working for City Councilor Brook Bassan. Emilio previously worked for Councilor Brad Winter who was replaced by Bassan. According to Emilio, Bassan opened her home to her for personal reasons she did not care to disclose and she moved in for a significant period of time. Ultimlately, it’s the registered voters intent of residency that will be dispositive of the issue and not intent to commit fraud by the candidate.

It’s unknown if the ethics complaint is being generated by a pollical operative and supporter of Foster at the direction of the Foster campaign and as a last ditch effort to derail the candidacy of Bassan. From all reports, there was no wide spread voter fraud as implied by Foster but the ethics complaint will only be resolved until weeks after the election. Voters need to decide if their support of either candidate is affected by the last-minute accusations.

No recommendation is made of either of the two candidates given the similarities both candidates exhibited on the issues during a September 20 debate with the only real difference between the two being their party affiliation of Republican versus Democrat.

Below are the candidates with links to their Albuquerque Journal questionnaire:

Brook Bassan, Conservative Republican: Incumbent City Councilor and a stay-at-home mom. (Qualified for $40,262in public financing.)

https://www.abqjournal.com/election/district-4-candidate-questionnaire-brook-bassan/article_44bb87ba-646e-11ee-b33e-3fc2a0a6466b.html

Abby Foster, Progressive Democrat: Small business owner, attorney and mediator who practices adult guardianship law. (Privately financed candidate.)

https://www.abqjournal.com/election/district-4-candidate-questionnaire-abby-foster/article_088351ec-646e-11ee-b44f-cbf4e087c213.html

COMMENTARY AND ANALYSIS

There is little doubt that the November 7 municipal election will reshape the Albuquerque City Council to an extent with 4 of the 9 seats to be decided. Technically, city races are nonpartisan as mandated by the New Mexico Constitution. Notwithstanding candidates for city council and for Mayor are always identified by the media with their party affiliations. The political parties always get involved with the races as do elected officials with endorsements. The upcoming election will determine if the partisan balance of the council remains the same, stays only slightly left leaning, or becomes even more conservative.

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.

The city cannot afford city councilors who makes promises and offers only eternal hope for better times that result in broken campaign promises. What is needed are city elected officials who actually know 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.

The candidates Loretta Naranjo Lopez for District 2, Jeff Hoehn for District 6 and Idalia Lechuga-Tena for District 8 represent the type of leadership the city needs now for the city’s future.

Please vote!

The link to a related blog article is here:

Update On November 7, 2023 ABQ City Council Races; One Candidate Drops Out After Exposed For Falsehoods; Voter Fraud Alleged In District 4 With One Registration; Candidates Identify Biggest Issues And Solutions Facing Districts; Mayor Tim Keller Operatives Helping 3 Council Candidates To Insure His Influence Over City Council For His Politcal Agenda As He Plans To Run For Third Term In 2025