The November 7,2023 municipal election will remake the Albuquerque City Council and perhaps there will be a shift from the current Democrat control to a Republican controlled city council. Early voting is already underway at County Clerks’ offices and expanded to more locations on Saturday, October  21. This blog article is an in depth review of all 4 city council races with candidate backgrounds, the issues identified with candidate positions and with Commentary and Analysis on the politcal dynamics of the races.

Three of the four incumbents whose seats are on the ballot are not running for reelection. Progressive Democrats Issac Benton of Downtown’s District 2 and Council President Pat Davis of District 6, spanning Nob Hill and the International District, are stepping aside, as is Conservative Republic Trudy Jones of District 8, in the Northeast foothills. The only sitting councilor running this year for a second term is District 4’s first term Conservative Republican Brook Bassan who is a public finance candidate while her opponent is Progressive Democrat Abby Foster who is a privately financed candidate.

https://www.kunm.org/local-news/2023-10-19/four-albuquerque-city-council-seats-are-up-for-grabs-along-with-its-partisan-balance

The city council’s 5 other seats will not be decided again until 2025 and will include the Mayor’s race. There are no term limits for city councilor nor for Mayor.

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 Assocaitation 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.  and incumbent councilor.   (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 finance 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 candidates is here:

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

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

The District 2 City Council seat has been held by Progressive Democrat  Isaac Benton since 2005 and it could shift  politically. Though no Republican is running for city council, an Independent is in the race. Benton told the Journal that he’s ready to move on from holding public office.  In March when he announced he was stepping aside, Benton said this:

“(It’s) time to turn it on over to someone else who has the appetite to get it done.”

Moderate Democrat Loretta Naranjo Lopez and Progressive Democrat Joaquin Baca are up against Independent Moises Gonzalez for Benton’s seat that covers Downtown Albuquerque. All three identified housing and homelessness as their top priority, with Naranjo Lopez and Baca adding crime as a top issue. Both Democrats want to see the city better address behavioral health to free up law enforcement to focus on violent crime.

MODERATE DEMOCRATE LORETTA NARANJO LOPEZ

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 and she  believes it will cause gentrification.  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 advocating  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.

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

PROGRESSIVE DEMOCRAT JOAQUIN BACA

Progressive Democrat Joaquin Baca is a hydrologist and military veteran. He is the father of two sons ages 13 and 15  he has raised and he has lived in District 2  off and on  since 1996 with breaks when serving in the Army and attending graduate school. He is the President of the ABQ Core Neighborhood Association and an elected member of the Rio Grande Conservancy District. His formal education includes earning a Master of  Law from the University of New Mexico (2020), earning a Bachelor of Science from the University of New Mexico in 2005 and earning a certificate in mediation from the University of New Mexico School of Law.

His campaign manager is paid politcal consultant Neri Holguin who was Mayor Tim Keller’s campaign manager when Keller ran for State Senator, assisted Keller in running for State Auditor and was Keller’s campaign manager when he ran for Mayor. Holguin was also the campaign manager for former Progressive Democrat State Senator Richard Romero who ran against then Democrat Mayor Marty  Chavez in 2009 thereby splitting the Democratic vote and ensuring the election of Conservative Republican Mayor Richard Berry.

Since the 2009 Mayor’s race, Holguin  has become the “go to” campaign consultant for Progressive Democratic Candidates and she exerts great influence over the candidates she elects even after they assume office. Confidential sources have confirmed that Joaquin Baca is Keller’s anointed candidate to replace Progressive Democrat Isaac Benton who is a reliable vote for Mayor Tim Keller’s progressive agenda.

Joaquin Baca says crime and homelessness are the two biggest issues facing the district. He who wants to see more mixed-income housing in the district which he says can be paid for through pursuing public/private partnerships. To reduce homelessness, Baca says the city needs more mixed-income housing in every district, including District 2. To build more housing, he says the city needs more public/private partnerships that leverages federal, local and private dollars for homes, parking and transit.

Joaquin Baca says the city in order to combat homelessness and the housing crisis in the city, it needs an “all of the above approach”,  which directly quotes what Mayor Tim Keller has said is the solution to the city’s homeless crisis.  Baca wants to start with fully funding mental health and addiction support services and the immediate scaling up of the Gateway Center, which is identical to what Mayor Keller has said he wants.  He says making significant improvements to the Westside Emergency Shelter is a priority.

https://www.abqjournal.com/election/district-2-candidate-questionnaire-joaqu-n-baca/article_ed25928e-646d-11ee-8027-ebbf870ad5c1.ht

INDEPENDANT MOISES GONZALEZ

Independent Moises Gonzalez has an  English degree from the University of Texas, secondary education degree from the College of Santa Fe specializing in bilingual education, ESL, English and Spanish); He has a film degree from the College of Santa Fe. He lists his occupation as a Documentary Filmmaker and President of MarAbí Productions Inc. He has lived in the District 30 years, he is married to Karla Thornton and the couple have 3 children. Moises  Gonzalez is the only non-Democrat on the District 2 ballot is who identifies as an Independent.  He has  said on his campaign site that the election is “meant to be nonpartisan,” and encouraged collaboration. ”As the saying goes, there are no Republican or Democratic potholes.”

https://www.abqjournal.com/election/district-2-candidate-questionnaire-mois-s-gonz-lez/article_cc57d594-646d-11ee-92e4-d7545c08b384.html

Gonzalez says the lack of permanent, affordable housing is the biggest issue facing the district and he advocates the Housing First model used effectively in several cities around the country as he proclaims every person deserves decent housing. To combat homelessness and the housing crisis in the city, he wants to incentivize builders to build affordable housing with the use of city-owned land through MRAs, streamlined permitting, tax break or by greatly increase percentage of affordable housing for market-rate projects and/or higher in-lieu-of payments to go into a municipal building fund.

Although Gonzalez wants to increase housing options in the district, he  emphasized permanent housing as being the most crucial. “The city continues to pursue a continuum of care model that attempts to stitch together services and provides emergency shelter but fails to provide adequate permanent housing.” The documentary filmmaker and former teacher suggests following “housing first” models, where people are stabilized in permanent housing before addressing other critical needs like income or substance use treatment, to get that done.

DISTRICT 4 (NORTHEAST HEIGHTS)

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. 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.

Foster’s campaign is also being managed by Neri Holguin who 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 and she managed Keller’s successful 2021 reelection campaign for Mayor against Bernalillo County Sheriff Manny Gonzales. Confidential sources have confirmed that Abby Foster is indeed  Keller’s anointed candidate to replace Republican Brook Bassan.

Both candidates told the League of Women Voters of Central New Mexico that their top priority is reducing crime. While both property and most violent crime in the city fell last year, according to Albuquerque Police Department statistics, homicides increased to an all-time high.

CONSERVATIVE REPUBLICAN BROOK BASSAN

Republican Brook Bassan has an Associate’s Degree although she initially made the mistake saying she had a  bachelors degree, a mistake she apologized for and corrected. Bassan attended the University of New Mexico for one semester but did not graduate.  However, she did graduate from ITT Technical Institute in 2007 with an Associate’s Degree. Her husband is Uri Bassan and the couple have 4 children and she lists her occupation as a stay-at-home mom.

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

Bassan has said  that her tough-on-crime approach includes supporting law enforcement and increasing arrests.   Bassan wrote in the League’s candidate questionnaire. :

“I will support the end of catch and release, the return of pre-trial detention, strengthening three strikes laws, continuing warrant roundups, and revisiting the details of being an immigrant-friendly city,”

Bassan is  endorsed  by the Albuquerque Police Officers’ Association.

Bassan has said to combat homelessness and the housing crisis in the city, the city needs to lean on experts currently assisting the homeless community and give them the resources and tools to expand their services instead of always trying new, unproven ideas.  She also says the city needs to provide true behavioral health and drug addiction services, something she believes is currently, significantly lacking in Albuquerque.

As to what, if anything, the City Council can do legislatively to reduce crime, Bassan said APD is struggling and the city needs to focus on enforcing existing laws before adding any new laws. Bassan claims there is a need to getting back to basics, strengthening the city’s enforcement efforts and presence, ending catch and release, and eliminating the culture that crime is acceptable.

PROGRESSIVE DEMOCRAT ABBY FOSTER

Progressive Democrat Abby Foster is a private attorney having earned a Juris Doctor from Penn State Dickinson School of Law in 2008. She earned a Bachelor of Arts in chemistry from the University of Maryland, Baltimore County in  2003 and a Certificate in facilitative mediation at the  UNM Law School in 2014. She is married to David David Pardo and they have 2 minor children. She has lived in the District since 2017.

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

Progressive Democrat Foster has expressed support for increasing the number of cops on the streets in order  to make more arrests. She told the League of Women Voters:

“We know that more officers in the community have a deterrent effect on crime. Reducing gun violence is key—as is making sure criminals face swift and certain punishment.”

Studies over the years have not shown that the size or budget of a police force reliably predicts local crime rates. A 2016 review of 62 studies between 1971 and 2013 concluded, “the overall effect size for police force size on crime is negative, small, and not statistically significant.”

Democrat Foster spoke to alternative approaches to reducing crime. She says that the Albuquerque Community Safety Department, which was created two years ago by Mayor Tim Keller and is now the city’s crisis response department, is succeeding by reducing the number of calls to APD.  She also advocates for addressing issues that impact crime rates, like making drug treatment more accessible. Increasing housing and reducing gun violence are also issues Foster is campaigning on according to her campaign website.

ABBY FOSTER ALLEGES BROOK BASSAN ENGAGED IN VOTER FRAUD

Abby Foster in the last 9 days of the campaign is alleging that Brook Bassan has engaged in “voter fraud” when Basaans’ 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.

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 as a last ditch effort to derail the candidacy of Bassan. From all accounts, there was no wide spread voter fraud as implied by Foster and its likely the accusation is much ado about nothing and will not likely have much  impact on the race. Ultimately, it’s the registered voters intent of residency that will be dispositive of the issue and not intent to commit fraud by the candidate.  However, it will be weeks until  after the election when the ethics complaint will be resolved.

DISTRICT 6 (NOB HILL, INTERNATIONAL DISTRICT)

Progressive Democrat Pat Davis told the Albuquerque Journal that he’s not running for a third term because he has “a lot of other things going on.” He runs a cannabis consulting firm and also owns several local newspapers.

District 6 has the most crowded race with four candidates with all 4 being progressive Democrats vying to replace Davis. The result is the  race will not have any  impact the council’s partisan balance.

Progressive Democrats Abel Otero, Jeff Hoehn, Nichole Rogers, Kristin Ravin Greene will all be on the ballot, but only 3 are actually running. Originally, there were 5 candidates who qualified for the ballot, but 2 have now dropped out of the race.

On August 29, dentist Dr. Joseph Potluck Aguirre announced his withdrawal from the race saying he and his family were relocating to another state to carry on with his dental practice.

PROGRESSIVE DEMOCRAT ABEL OTERO

On October 24, Abel Otero announced he would be ending his campaign announcing  he would stop “actively campaigning”, but would still be voting for himself. His announcement followed a damaging October 20 front page news story published by the Albuquerque Journal that reported he had no record of prison time he claimed he had served.  His personal narrative and claims of struggles with the law, poverty, homelessness, mental illness and drug addiction were central to his campaign for city council.

Links to quoted news sources are here:

https://www.abqjournal.com/news/past-addiction-incarceration-are-part-of-abel-oteros-city-council-campaign-but-records-show-no/article_aa6715ac-6ea5-11ee-b8c3-1f60b6946cbe.html

https://www.abqjournal.com/opinion/opinion-abq-city-council-candidate-otero-the-time-has-come-to-end-my-campaign/article_828a99ae-71cb-11ee-8019-6f091be7b4ce.html

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 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.”

PROGRESSIVE DEMOCRAT NICHOLE ROGERS

Progressive Democrat Nichole Rogers is a certified Emergency Medical Technician (Basic) and has an  Associate of Arts and Sciences in Integrated studies from  Central NM Community College (2012). She lists her occupation as a business consultant and financial adviser, She has  2 children, aged 15 and 6 years old and had lived in District 6 for six years.

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

Progressive Democrat Nichole Rogers identifies herself as a Black and Hispanic single mother and survivor of abuse. She has worked for the Mayor Tim Keller Administration as a policy advocate and community organizer and for that reason is considered Mayor Keller’s preferred candidate in the race. Confidential sources have confirmed that Rogers received significant help in collecting nominating petitions signatures and qualifying donations from at least 2 city hall employees who work directly for Mayor Tim Keller. Sources have also confirmed Democrat Progressive  County Commissioner Adriann Barboa help collect nominating petitions and qualifying donations for Rogers using voter registration lists. Rogers  has gone so far as to tell  Democrats privately in the District that she is Mayor Keller’s candidate to replace Progressive Democrat Pat Davis who is a Keller ally.

Progressive Democrat Nichole Rogers cited poverty as her top priority if she is elected seeing it as an underlying cause of crime and homelessness. Rogers says too many families do not have what they need to survive much less thrive. Rogers says short-term solutions include  getting the Gateway Homeless shelter  open and functioning and the long-term solution is addressing poverty.  She vows to work to implement a Universal Income pilot that will provide families with the financial boost they need. To combat homelessness and the housing crisis in the city, Rogers wants to increase the number of shelter beds as a short-term solution and from there increase “wrap-around services” to get the unhoused in permanent supportive services that will help them stay housed.

Rogers said this:

“Too many families don’t have what they need to survive, much less thrive. “I know what it takes to make ends meet, to struggle for a safe home for your family, and to navigate social systems.”

PROGRESSIVE DEMOCRAT KRISTIN “RAVEN” GREENE

Progressive Democrat Kristin “Raven” Greene identifies herself as a self-employed independent contractor and freelance writer. In own campaign web site she describes herself as a tattoo artist and former Burlesque dancer. She has no spouse and no kids and has lived in District 6 approximately 17 years.

https://www.abqjournal.com/election/district-6-candidate-questionnaire-kristin-raven-greene/article_a39ce68e-646e-11ee-810d-2709ef8bbebf.html

Greene, who goes by Raven Del Rio but will appear on the ballot with her legal name, has economic development in her own neighborhood of the International District at the top of her to-do list, as well.  Green says  the biggest issue facing district 6 is “disenfranchisement and lack of economic investment in District 6 are the root of many issues we’re facing in our communities. She advocates creation of  Opportunity Zones, supporting Main Street initiatives, and backing small business grant initiatives to bolster health development to  revitalize the Districts  commercial corridors and neighborhoods, bringing more equity to our district.

As for what she would you do to combat homelessness and the housing crisis in the city, she says moving to a housing first model and smaller satellite shelters serving different demographics versus the city’s current a mega-shelter approach will serve the population better with less impact on surrounding neighborhoods. She advocates weeding out redundancies in services and creating a process  or dashboard that all providers have access to streamline the process of connecting the unhoused to services.

“Systemic neglect over the past five decades has created the dereliction we see today,” she said in a campaign video. She proposes economic investment in the district beyond social services, like the mayor’s Gateway Center. “We need amenities, we need groceries, we need walkable streets and green spaces,” she said.

DISTRICT 8 (NORTHEAST HEIGHTS AND FOOTHILLS)

In City Council District 8, which has been a conservative voice on the council for Jones’ four terms and several before that, could change hands politically with a Republican and Democrat vying for the seat.  The demographics for the district has changes to reflect a slight  Democratic majority, but the district still tends to vote Republican. Jones joked to the Journal last year that she’s stepping aside because she’s “old and grumpy.”

As the longtime city council conservative Trudy Jones elected not to run for a fifth term, voters in the northeast foothills will decide between Moderate Democrat  Idalia Lechuga-Tena  and Conservative Republican  Daniel Champine. Both candidates identified crime as the top priority for the council post, and both see additional police with better support as the way to get there.

MODERATE DEMOCRAT IDALIA LECHUGA-TENA 

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 Mayor’s 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.

https://www.abqjournal.com/election/district-8-candidate-questionnaire-idalia-lechuga-tena/article_24b594d2-646f-11ee-8676-5b03730d31a5.html

Lechuga-Tena says the biggest issues facing District 8 are crime and homelessness. More specifically, she says property crime, retail crime, addiction and behavioral health are major issues confronting District 8. She wants to provide appropriate resources to police, enforce laws already on the books in order to make families safe.

What she would do to reduce crime is to bring a diversion program used successfully in Miami-Dade County to help with homelessness, addiction, and behavioral health problems. She described the diversion program as “a one-stop shop for addiction, psychiatric services for homeless people with acute mental illnesses who are in the criminal justice system or at risk of entering it.”

To combat homelessness and the housing crisis in the city, Lechuga-Tena says the city needs better paying jobs for working families. She also advocated programs like Homewise to help families get into and stay in homes. She believes Albuquerqueans with behavioral health and addiction problems need to get the help they need to get them off the streets and that her proposed diversion and treatment program will address those needs.

As a former state legislator, Lechuga-Tena says  the City  Council can do things  to reduce crime including  the city  investing  in community policing and support first responders with advanced opportunities, higher pay, and incentives. She wants to fully staff APD and have strong police presence everywhere.  She wants to close the “revolving door” in courts and fix a broken criminal justice system by working with the New Mexico Legislature.  Lechuga-Tena advocates for community policing strategies to “build a trust-based relationship between officers and residents,” according to her campaign site. To her, officer support means “advancement opportunities and higher pay.”

REPUBLICAN DANIEL CHAMPINE

Republican Daniel Champine is a Highland High School graduate and attended the University of New Mexico. Champine became an Albuquerque Police Officer at the age of 21 and served 22 years on the force before retiring. While an APD police officer, he served as a detective and served with the helicopter unit. He also served as the Vice President of the Albuquerque Police Officers Association.  Champine is currently employed full time as a “mortgage lender” and he has lived in the district “going on two years.”

Champine has the support of retiring Conservative Republican City Councilor Trudy Jones with the Republican party being instrumental in securing sufficient nominating petition signatures and qualifying donations for him.  Confidential sources have also confirmed he was actively solicited to run for city councilor by Conservative Democrat Louis Sanchez who is also a retired Albuquerque Police Officer.

Champine advocates “to end the revolving door that is catch and release.” On his campaign site, he said the city has been “taken over” by a “culture of lawlessness,” adding that he believes, “the lack of support for our officers by the current political leadership has created an exodus of officers leaving the Albuquerque Police Department and made recruiting extraordinarily difficult.”

According to Champine, crime is clearly the biggest issue facing both District 8 and the city. He says the city council must ensure that our police are fully funded and allowed to do their jobs.  He says “first and foremost, criminals must be held accountable for their destructive behavior. This is done by allowing, and supporting, law enforcement to effectively do their job. Next, we must end “catch and release.”

Champine says he will focus on funding basic services first, like police and fire protection, as well as improving our quality of life. He asserts the Keller  administration has focused on wasteful pet projects, like building new soccer stadium Downtown and expanding the city bureaucracy  while basic services have  suffered.

Champine says the city council should “repeal our Sanctuary City law” to make it more difficult for cartels to operate in our city. The blunt truth is that the city council has never enacted legislation declaring the  the city a Sanctuary City and no Mayor has ever declared the city a Sanctuary City. Albuquerque is considered an “immigrant friendly” city, meaning services are offered and provided, but it is symbolic in nature.

As for what Champine would you do to combat homelessness and the housing crisis in the city, he has said the city must have a multi-faceted approach that provides “hand-ups, not hand-outs”. That means providing help to those struggling through difficult times and/or suffering from mental health issues.  He says we can no longer tolerate destructive behavior and must enforce city laws to maintain public safety and protect our quality of life.

https://www.abqjournal.com/election/district-8-candidate-questionnaire-dan-champine/article_03e95220-646f-11ee-abbd-4b39794653e8.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.

Following the 2021 election, Democrats moved from having a two-thirds majority with 6 seats to a 5 to 4 majority, with Republican Dan Lewis defeating Democratic incumbent Cynthia Borrego in District 5. Additionally, District 1 on Albuquerque’s Westside became more far more conservative when conservative Democrat Louis Sanchez ousted Progressive Democrat Lan Sena, who Mayor Tim Keller Keller had appointed to the position in 2020 after the death of longtime Democratic City Councilor Ken Sanchez.

The current city  council after the 2021 municipal election when the Democratic majority shrank rehashed some of Mayor Tim Keller’s progressive policies, including repealing a ban on plastic bags. It also debated the zero-fares bus pilot program started January 1, 2022, for months, eventually electing to keep the program with stepped-up security.  A proposal to make the program permanent is scheduled to be heard next month.

Like it or not, the 2023 municipal election will be a referendum on the job performance of Mayor Tim Keller only because he himself and his supporters have inserted  themselves into the races for city council when they should have kept their noses out of the races. It’s no accident that Mayor Keller’s 2021 campaign manager is being paid to manage the campaigns of two city council candidates.  Keller is fully aware the stakes are high in the 2023 municipal election. Keller has taken an active roll in electing city councilors who support his progressive 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.

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 and who are indebted to Mayor Tim Keller. 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 nor to placate the Mayor. What’s needed is a healthy debate on solutions and new ideas to solve our mutual problems, a debate that can happen only with a contested election.  Highly contested races reveal solutions to our problems.

Voters are entitled to and should expect more from candidates than fake smiles, slick commercials, and no solutions and no ideas. Our city needs more than promises of better economic times and lower crime rates for Albuquerque and voters need to demand answers and hold elected officials accountable.

On October 16, the Albuquerque City Council is scheduled to vote on a lease negotiated  by Mayor Tim Keller’s  Administration for the leasing of 7 acres of the 365 acres of land at Balloon Fiesta Park Balloon Fiesta Park to the New Mexico United Soccer Team for a multi-purpose soccer stadium.  According the city, the stadium would be located in a lot that is not on the field of the park but is a lot just east of the field.  United New Mexico currently subleases city-owned Isotopes Park from its primary tenant, the Triple-A baseball Albuquerque Isotopes.  The USLC  (United Soccer League) has mandated that its clubs must be based in soccer specific stadiums by 2026.

The lease will require the soccer team to invest at least $30 million into the site to build the stadium. No city funding will be used for the construction of the stadium.  However, Mayor Tim  Keller said the city will spend at least $10 million of existing city, state and federal funding for infrastructure upgrades on the site including ground, electric, and sewer work and other foundational work for the stadium, as well as improvements for the park as a whole.

The city says no parking spots will be lost, but they just might be moved. This year, the city added a 250-spot parking area, and plans to add more parking facilities in the future to address concerns expressed by Albuquerque International Balloon Fiesta management.  Keller said this:

“We’re opening a new 250 car lot this year, that we practiced last year. So that is going to be open. So, we can replace that parking in other areas.”

Balloon Fiesta currently leases the park from the Tuesday after Labor Day to the end of October. This year’s Fiesta runs Oct. 7-15.

TERMS AND CONDTIONS OF LEASE

On September   Mayor Keller announced that the lease   must be approved by the Albuquerque City Council on October 16.   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 will 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.

Keller said he pushed for high school soccer tournaments to be held at the stadium.

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.

Mayor Keller issued the following statement:

“Albuquerque families deserve world-class amenities, and we won’t give up on projects like a stadium that fulfill these quality-of-life needs. Leasing underutilized land at Balloon Fiesta Park not only helps United grow, but also enriches one of our most frequented areas and provides new economic opportunities – a significant win for our city and a potential game-changer for our community.”

Keller said this at the September 29  press conference announcing the lease:

“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.”

Peter Trevisani, the owner of New Mexico United, did not attend the Keller press conference.  Instead, he was interviewed at the team’s locker room  practiced field and he issued the following statement about the stadium plans:

“It should come as no surprise that we’ve been working relentlessly for several years to find a location and a plan that would not only be a catalyst for our community but also ensure the longevity of New Mexico United. This plan does that. We’re excited to privately build a stadium that creates jobs and economic impact, improves Balloon Fiesta Park, and shows that New Mexicans can do whatever they set their minds to.”

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.  Still, Trevisani said he is confident the project will receive City Council approval. 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 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

REACTION TO LEASE AGREEMENT

Initially, Balloon Fiesta leadership had concerns about the stadium being built at the park.   Albuquerque International Balloon Fiesta Media Relations Team issued the following statement:

The Albuquerque International Balloon Fiesta’s Board of Directors met with representatives of the City of Albuquerque and New Mexico United last month to learn more about the impact of a potential United stadium on Balloon Fiesta’s operations. Three key areas of concern were raised during that meeting: parking, access to Balloon Fiesta Park and infrastructure improvements. We continue to receive these assurances and look forward to continuing the conversation to achieve these goals.

City Council President Pat Davis was interviewed at a remote location by video conference call and  said for his part if United can uphold the terms of the lease, he sees no problem with the stadium. Davis said this:

“This becomes 100% on the shoulders of the team at this point to put up and build their stadium. If they do it, it’s a big attraction for the city. … But if there becomes a time when they’re not able to meet their obligations, and they’re not going to construct their building, you know, we should have the right to give it to somebody else.”

In a subsequent interview reported on October 3 by pollical blogger Joe Monahan, Davis said this:

This is a very straightforward lease deal, much like the others we’ve done. For example, Amazon leasing land to build a hanger at the airport. The Legislature allocated money for infrastructure support. I required the lease contract to include a “do or die” clause that requires United to break ground and meet deadlines or they would forfeit the lease. I like this lease because it places 100% responsibility on the team to build the stadium, and reverts the land back to us if they don’t. Other than that, it’s a pretty standard lease.

Links to quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/city-to-lease-balloon-fiesta-park-for-new-mexico-united-stadium/

https://www.koat.com/article/new-mexico-united-new-stadium-location-albuquerque/45378348

https://www.kob.com/new-mexico/albuquerque-to-lease-land-at-balloon-fiesta-park-for-new-mexico-united-stadium/

COMMENTARY AND ANALYSIS

At first blush, 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 overall merits of the project, there are several concerns about the lease that need to be raised and addressed by the City Council:

First: The lease agreement was introduced to city council on October 2 by the Keller Administration for approval and it is scheduled for final approval by the city council  on October 16. 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.    A 16 day period  before final approval of the lease by the city council  does not come even close to allow the council to review the lease and to have at least one committee meeting  for  the Council to  debate, take public input  and for ask for additions or amendments to the lease.

SECOND:  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.

Third: 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 is can the funding be diverted to an unrelated construction project or facility?

Fourth:  Voters have already voted NO by a landslide that tax payer money should not be used for the construction of the stadium and all construction cost overruns. The 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.

Fifth:  Then there is the matter of location and it must be asked why was Balloon Fiesta Park chosen in the first place?  Sports stadiums are often built to serve as economic drivers for the area around them. Restaurants, bars and light retail usually result being built in the surrounding areas. That will not happen at Balloon Fiesta Park. There are other large tracts of land the city owns that could have been offered more centrally located for the stadium. One example is the Sun Port airport land that is the abandoned South airport runway located south of Puerto Del Sol Golf Course on Gibson.

Sixth: 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 along with $200 Million in bonds to be approved by city voters. Incumbent Progressive Democrat City Councilors Isaac Benton and Pat Davis and Conservative Republican Trudy Jones, big supporters of the Mayor’s legacy projects, are not running for another term. The November 7 municipal election could shift city council majority control from the current 5 Democrats to Republican control or perhaps a far more conservative shift to challenge Mayor Keller’s progressive agenda. The construction of a stadium has been an issue in the city council races, and Keller’s rush job to get a vote on the lease by 3 lame duck incumbents smacks of politics at its worse and signals Keller likely believes he may not have the 5 votes with the new council or at least does not want to risk it.

The lame duck council should defer the final vote on the lease until the new council is sworn in. This will allow time for public input and perhaps needed changes to the lease.  It is the new City Council that will have to deal with any problems associated with the lease, so let the new City Council vote on it.

CONTACT CITY COUNCIL

On Monday, October 16, the Albuquerque City Council will be meeting and voting on the Stadium land lease. Voters and residents are urged to call or email their city councilor and voice their opinion on what they feel about the lease.

The phone numbers and email address are:

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL EMAILS

lesanchez@cabq.gov
louiesanchez@allstate.com
bmaceachen@cabq.gov,
ibenton@cabq.gov,
namolina@cabq.gov,
kpena@cabq.gov,
rmhernandez@cabq.gov,
bbassan@cabq.gov,
danlewis@cabq.gov,
galvarez@cabq.gov,
patdavis@cabq.gov,
seanforan@cabq.gov,
tfiebelkorn@cabq.gov,

justincarmona@cabq.gov,
trudyjones@cabq.gov,
azizachavez@cabq.gov,
rgrout@cabq.gov,
rrmiller@cabq.gov,
lewisabq@gmail.com,
nancymontano@cabq.gov,
cortega@cabq.gov,
cmelendrez@cabq.gov

On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The governor issued the restriction in the Emergency Health Order after the recent homicides of three children in Albuquerque, including an 11-year-old boy killed while he and his family drove away from an Albuquerque Isotopes baseball game.

The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, 5 federal and 1 state lawsuits were filed, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates. Albuquerque Police Chief Harold Medina, Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman and New Mexico Attorney General Raul Torrez all announced that they felt the Governor’s Emergency Public Health Order was unconstitutional and proclaimed they had no intention of enforcing it.

On September 13, U.S. District Court Judge David Herrera Urias held a hearing on a request for a Temporary Restraining Order (TRO) and Injunction and granted he granted  the TRO. Judge Herrera Urias ruled that the gun restrictions in the governor’s original order were likely to cause irreparable harm to people deprived of the right to carry a gun in public for self-defense and granted a temporary restraining order blocking it.

On Friday, September 15, Governor Michelle Lujan Grisham announced an Amended Public Health Emergency Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

On October 11, Judge Urias issued a 23 page order and he  refused to halt state enforcement of temporary firearms restrictions at Albuquerque-area parks and playgrounds thereby upholding the Governors Amended Order for the time being. He ruled against gun rights associations and gun owners who sought a preliminary injunction against the firearm ban. The second order is set to expire November 3. Urias left the door open for a future ruling that would consider more in-depth evidence and argument from both sides.

GOV. MLG AND CABINET GIVE UPDATE ON PUBLIC HEALTH ORDERS

On October 10, Governor Lujan Grisham, along with members of her administration held a press conference and gave an update on the public safety initiatives under her Executive or and the Emergency Public Health Orders.   During the news conference, the governor’s Cabinet members individually touted what they saw as the health order’s successes in tackling gun violence.  Those successes included the following:

• The arrest of 502 people in less than 20 days with at least a hundred on misdemeanors.
• 20 seized guns in a city that saw more than 5,000 guns stolen and not recovered since 2018; and
• 38 fewer gunshots across three days in the Albuquerque area. Last year the city saw an average of 100 bullets fired daily.

Governor Lujan Grisham began the conference by emphasizing that the gun violence issue is not confined to just Albuquerque but is a larger issue. “We have far too many firearms in our community. We have far too many risks,” said the governor.

Senior Public Safety Advisor Ben Baker spoke at the conference. He started with a presentation of statistics. He reported since the order was implemented, there have been 502 people arrested, 20 firearms seized, and 1,370 traffic citations issued by the New Mexico State Police (NMSP), the Albuquerque Police Department (APD), and the Bernalillo County Sheriff’s Office (BCSO). Baker also cited a reduction in the number of gunshots detected before and after the ban.

Public Safety Advisor and former New Mexico State Police Director Pete Kassetas spoke on his role of advising the governor on how to best combat the actions of criminals. He mentioned the importance of speeding up the entire process of booking and prosecuting criminals. The governor chimed in, saying, “At the end of the day, if you can’t book people, we can’t arrest people. If we don’t arrest people, they continue to commit crimes, and it sends a pretty strong message.”

State Corrections Secretary Alisha Tafoya Lucero said that there has been an increase in the number of average daily bookings at the Albuquerque Metropolitan Detention Center since the order.   Recent arrests led to an 11% increase in the jail population at the Metropolitan Detention Center. The jail is notoriously stretched thin by staff vacancies and has been the site of more than two dozen inmate deaths since 2020, many of them while detoxing from drugs and alcohol.  To help lighten the load on MDC, Tafoya Lucero said 48 of MDC’s “most staff-intensive, violent, dangerous, inmates” will be transferred to a state prison but did not specify details of when or where the transfer would happen. The current MDC population is 1,647 people  or 84% full with the staffing vacancy of 38%.

Acting secretary with the New Mexico Children Youth and Families Department Teresa Casados  said the statewide juvenile detention population has gone up 16%, or about 15 people, since Sept. 20 as part of the order.  She said they’ve put 32 juveniles behind bars and 13 of those arrests required an override  where a risk assessment tool suggested releasing them until trial. Four of the 13 had a gun on school property, one was detained for assault on a school employee, and three were in possession of a stolen vehicle and fleeing officers. She said six of the juveniles have since been released by a judge.

Department of Health Cabinet Secretary Patrick Allen stated that the amount of firearm injuries in kids 17 and younger has gone up 73% in the last four years, making it the leading cause of death in that age group. He emphasized the importance of preventing these issues early on and of stopping the “cycle of violence from person to person.”

Secretary of the Human Services Department Kari Armijo said they are taking “a more proactive approach” to get people treatment, enhance access to health care and wraparound services like housing and transportation. She said the department is dedicated to ensuring that people who need access to drug and alcohol treatment get help within 24 hours. Armijo said it has used data to identify and offer help to thousands of people on Medicaid who had an emergency visit related to substance or alcohol abuse.  Out of 10,984 Medicaid members, 66% are receiving treatment or are engaged with a treatment plan, she said.  Armijo said they have increased peer support workers in emergency rooms, are tracking treatment plans as they go forward and establishing a helpline for those who need treatment but haven’t gotten it yet.  She said the department is also working with prisons and jails to ensure access to treatment for those being released and is working with schools to get alerts on students experiencing drug and alcohol abuse.

Environment Department Secretary James Kenneysaid wastewater testing for fentanyl in the Bernallilo County, Albuquerque and Rio Rancho school systems would begin testing next week with results expected within two weeks from then.  Kenney said, much like how they tested wastewater for COVID, they will pop a manhole and have a robot collect samples every hour for eight to 24 hours. He said those samples are then sent to a lab. Kenney explained that New Mexico is the first state in the U.S. to set up routine surveillance of waste-water opioid sampling. The data will help the state identify where opioids are most abused and will give them information as to how and where the issue needs to be addressed.

Secretary Jason Bowie with the Department of Public Safety then spoke on the safe surrender program. Bowie emphasized that the gun buyback program hopes to reduce the access that kids have to guns by removing some of them from the community.

OTHERS REACT TO UPDATE

Others reacted to the Governor’s update.

Attorney Kate Loewe, who represents incarcerated people in MDC’s reforms settlement, said she is concerned for both those detained and those staffing the detention center. Loewe said this

“The jail is an already overburdened and understaffed facility. I cannot imagine how the county would be able to provide adequate medical care and security for such a large influx. … If we look at the deaths over the past year, the majority of people died just a few days into their incarceration. This is a particularly vulnerable time and I can only hope that the county and [the University of New Mexico Health systems] are prepared to provide adequate medical care and monitoring for so many people.”

Loewe said with so many resources going toward arrests, there needs to be “commensurate and adequate” resources for the community, like supportive housing, substance use treatment and funding for the public defender.

Chief Public Defender Ben Baur said this:

“Incarcerating children should not be a goal in and of itself. How does this actually improve public safety? Because without counseling, drug treatment, education, and a meaningful intervention, just holding a kid in a cell isn’t going to solve these problems.”

https://www.krqe.com/news/new-mexico/new-mexico-governor-gives-update-on-public-safety-initiatives/

https://www.kob.com/new-mexico/new-mexico-governor-provides-update-on-crime-public-safety-initiatives/

https://www.koat.com/article/public-health-order-progress/45501584

https://www.abqjournal.com/news/governor-makes-a-case-shes-succeeding-in-combating-gun-violence/article_6453dea6-67cf-11ee-817a-93429828e520.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It is difficult to understand let alone justify Governor Lujan Grisham’s stubbornness when it comes to both of her Emergency Health Orders that include banning the carrying of firearms, concealed or openly, in public places.   Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms.  

A simple Executive Order containing all the other provisions of the two orders, absent the gun ban, with  a law enforcement surge sustained indefinitely, would have accomplished just as much if not more with no backlash.  The truth is the Governor’s gun ban order accomplished very little other than ginning up the Republicans and Second Amendment Rights advocates that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants tangible results, she should call for the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

The link to a related blog article is here:

Federal Judge Permits Gov. MLG’s Gun Restrictions For Now; Law Enforcement Reluctant On Enforcement; Gov. Extends Emergency Health Order; Simple Executive Order Absent Gun Ban Would Have Accomplished Just As Much With No Backlash; Enact “Omnibus Gun Control And Violent Crime Sentencing  Act”

On Friday, September 15, Governor Michelle Lujan Grisham announced an Amended Emergency Public Health Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

On October 3, U.S. District Court Judge David Herrera Urias held a hearing on the Governors Amended Public Health Emergency Order banning firearms only in “public parks and playgrounds” where children and their families gather.  Holly Agajanian, Chief General Counsel for Lujan Grisham, said during the October 3 hearing on the preliminary injunction request that New Mexico State Police would be able to enforce the ban if it were upheld. Violators would be subject to civil penalties.

On October 11, Judge Urias issued a 23 page order that refused to halt state enforcement of temporary firearms restrictions at Albuquerque-area parks and playgrounds. He ruled against gun rights associations and gun owners who sought a preliminary injunction against the firearm ban. The second order is set to expire November 3. Urias left the door open for a future ruling that would consider more in-depth evidence and argument from both sides.

Gun rights groups have claimed that restrictions imposed in a series of state emergency public health orders run afoul of the Second Amendment and are unfair to gun owners who want or need to protect themselves.  After Urias temporarily blocked the  initial, blanket restriction on the carrying of firearms in Bernalillo County contained in the Governors initial Emergency Health Order, the state narrowed the focus.

In the second 30-day Amended Emergency Public Health Order unveiled on September 15, the restrictions were altered to avoid the legal deficiencies  of the first Order  focusing only on parks and playgrounds. The governor’s second order cleared up what the gun rights groups argued was “vagueness” in defining where the restrictions applied. The governor has based both of her controversial public health orders in part  on the harm of guns to children.

Firearms and other deadly weapons are prohibited in Albuquerque parks and recreation facilities under an administration order issued in 2020 by Albuquerque Mayor Tim Keller’s office. The rule excludes law enforcement officials and applies to any city property used for public school-related activities, including Civic Plaza.  There are  14 parks currently affected by thar  order. It too which being challenged in state District Court by gun advocates. A trial is set in that case for 2024.

Adhering with the latest U.S. Supreme Court ruling, Urias considered the national historical tradition of firearms restrictions and whether the gun rights groups have proved a “substantial likelihood of success on the merits regarding their challenge to the temporary restriction.” In his 23-page order, Judge Urias concluded that the groups failed to show the substantial likelihood required for him to impose the “extraordinary” relief of issuing a preliminary injunction to stop the governor’s firearms restrictions from being enforced.  Urias wrote that whether the state of New Mexico can justify its temporary firearms restrictions as constitutional as the legal case progresses in his court “remains to be seen.”

GOVERNOR REACTS

Lujan Grisham reacted to the court’s ruling in a news release saying she was pleased.  The Governor said this:

“While the public health order is temporary, the ruling shows that there is still a viable legal path for common-sense gun violence prevention measures in this country.”

REACTION BY SECOND AMENDMENT ADVOCATES

We The Patriots USA is one of the Plaintiff’s that filed suite against the Governor’s Executibve orders. Attorney Brian Festa, We The Patriots USA co-founder and vice-president said this about the ruling:

“We are deeply disappointed by Judge Urias’s decision today. Governor Michelle Lujan Grisham’s executive order is a gross abuse of her authority, and a violation of her oath to uphold and defend the U.S. and New Mexico Constitutions. Instead of protecting the fine citizens of New Mexico, she has taken action that seriously jeopardizes public safety in a city that has one of the highest crime rates in the nation. We plan to swiftly appeal the court’s decision to the U.S. Court of Appeals for the Tenth Circuit.”

LAW ENFORCMENT REACTION TO ORDER

The court’s ruling means law enforcement agencies will be able to enforce that part of the governor’s order banning firearms only in “public parks and playgrounds” where children and their families gather. But that is easier said than done.

When the Governor’s Orders were first issued in September, both the Albuquerque Police Department and the Bernalillo County Sherriff’s Office said they would not enforce the orders.

APD Police Chief Harold Medina issued the following statement in reaction to the court’s recent ruling:

“Mayor Keller and I have worked to keep guns out of city parks and near schools in Downtown Albuquerque for the same reason guns are not allowed on school property. These should be safe spaces. Families should not be afraid to go to parks or take their kids to playgrounds. … APD will investigate all criminal offenses involving a firearm. When officers encounter individuals who violate the state’s emergency order and possession is the only violation, they will forward those cases to the New Mexico State Police.”

When the gun ban was initially issued in September, Bernalillo County Sherriff John Allen said it was unconstitutional and he  said  that his officers would not enforce it. Sherriff Allen said this at the time:

“I have enough violence here in Bernalillo County. I do not want to have political violence towards my deputies or here in Bernalillo County. … In reference to concealed carry and open carry, the Bernalillo County Sheriff’s office will not enforce this segment of the order.”

After the Court’s recent ruling, Sheriff Allen said this:

“I stand firm on what I said…getting repeat violent offenders with firearms off the street. That’s what we’re focused on.”

A spokesperson for the Bernalillo County Sheriff’s Office issued the following statement:

“The Sheriff’s Office will not enforce the public health order related to concealed and open carry in parks. Though we acknowledge the order’s intent, our attention is on the pressing violent crime issues in our community. We are prioritizing impactful initiatives, such as Operation Clean Sweep, that have a track record of reducing crime. Our dedication lies in strategic efforts and partnerships that genuinely address the gun violence crisis and improve quality of life.”

The New Mexico State Police did not explicitly say they would be giving people tickets for carrying guns in “public parks and playgrounds”. New Mexico State Police Chief Troy Weisler issued the following statement:

“The New Mexico State Police have been working hard in the Metro area, making a meaningful impact on crime.  This ruling provides law enforcement with additional enforcement options when applicable. Gun violence continues to disrupt lives every day and State Police will continue to protect the public by focusing our efforts on the offenders perpetrating that violence.”

Links to quoted news sources:

https://www.koat.com/article/federal-judge-wont-block-gun-carry-rights-new-mexico-parks-playgrounds/45514518

https://www.kob.com/new-mexico/gun-rights-advocacy-group-reacts-to-temporary-ban-of-guns-in-parks-playgrounds/

https://www.abqjournal.com/news/for-now-at-least-judge-permits-governors-gun-restrictions-at-parks-playgrounds/article_dfd2c7c2-688d-11ee-9946-331be3baf818.html#tncms-source=home-featured-7-block

https://www.krqe.com/home/will-law-enforcement-uphold-the-governors-updated-gun-ban-now-that-a-judge-upheld-it/

ORIGINAL EMERGENCY HEALTH ORDER

It was on Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The governor issued the restriction in the Emergency Health Order after the recent homicides of three children in Albuquerque, including an 11-year-old boy killed while he and his family drove away from an Albuquerque Isotopes baseball game.

The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

OTHER PROVISIONS OF PUBLIC HEALTH ORDER

In addition to the banning of the carrying of firearms, the original Health Order has the following provisions:

The Public Health Order requires monthly inspections of licensed firearm dealers and wastewater testing for certain drugs, such as fentanyl, at all public schools.

The Regulation and Licensing Division will conduct monthly inspections of licensed firearm dealers to ensure compliance with all sales and storage laws.

The Department of Health, along with the Environment Department, will begin wastewater testing for illegal substances such as fentanyl at schools.

The Department of Health will compile and issue a comprehensive report on gunshot victims presenting at hospitals in New Mexico, which shall include and if available:

1. Demographic data of gunshot victims, including age, gender, race, and ethnicity;
2. Data on gunshot victim’s healthcare outcomes;
3. The brand and caliber of the firearm used;
4. The general circumstances leading to the injury;
5. The impact of gunshot victims on New Mexico’s healthcare system;
6. Any other pertinent information,

The New Mexico State Police has added officers in Albuquerque with funding for overtime provided.

The Children, Youth and Families Department  immediately suspended the Juvenile Detention Alternative Initiative and evaluate juvenile probation protocols.

Violating the public health order could result in civil citations and penalties and a fine of up to $5,000.

https://www.governor.state.nm.us/2023/09/08/governor-announces-statewide-enforcement-plan-for-gun-violence-fentanyl-reduction-plan-includes-30-day-suspension-of-concealed-open-carry-in-albuquerque-and-bernalillo-county/

ALL HELL BREAKS LOOSE

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, 5 federal and 1 state lawsuits were filed, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates. Albuquerque Police Chief Harold Medina, Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman and New Mexico Attorney General Raul Torrez all announced that they felt the Governor’s Emergency Public Health Order was Unconstitutional and proclaimed they had no intention of enforcing it.

FIRST HEARING RESULTS IN INJUNTION

On September 13, U.S. District Court Judge David Herrera Urias held a hearing on a request for a Temporary Restraining Order (TRO) and Injunction and granted he granted the TRO. Judge Herrera Urias ruled that the gun carry restrictions in the governor’s original order were likely to cause irreparable harm to people deprived of the right to carry a gun in public for self-defense and granted a temporary restraining order blocking it. Judge Herrera Urias did not rule on the constitutionality of the remaining provisions of the order.

GOVERNOR RENEWS PUBLIC HEALTH ORDER

On Friday, October 6, Governor Michelle Lujan Grisham renewed the Public Health Order aimed at combating gun violence and added some new provisions. The renewed order will remain in effect until November 3.

Those new provisions include the state will organizing gun buy-backs in Albuquerque, Española and Las Cruces.

Another new provision is to provide treatment to those seeking help battling addictions. The state’s health care system is ordered to  ensure that those who request help with substance abuse receive “permanent, adequate treatment placement within 24 hours of the request.”

The expanded order also says the state’s Human Services Department will send letters requiring health care providers to “provide their plans to achieve continual behavioral health network adequacy.”

The renewal comes a little over a month after governor Governor Lujan Grisham declared gun violence a public health emergency following the high-profile shooting death of an 11-year-old boy, and initially enforced a short-lived ban on publicly carrying firearms in Bernalillo County.

Lujan Grisham said this in a statement:

“The fact of the matter is that New Mexicans are still being threatened, injured and killed by firearms. Just yesterday, two guns were found in the possession of students at an Albuquerque high school, and while thankfully no one was hurt, these incidents have profound psychological effects on our children. … The last four weeks have clearly demonstrated the impact we can have on violent crime when we work in better coordination, but the situation remains dire. We’re not letting up, and I’m continuing to make investments that drive down violence in our communities and protect our children.

During the press conference, the Governor said this:

“We want to demonstrate, and can today, that collected efforts and targeted resources can really make a difference in making an impact,” “We’re looking for sustainable long-term impacts that will stay the course so our communities are safer. … And we’re gonna keep at it until there’s not a single person in New Mexico who doesn’t feel like we’re turning the corner.”

The gun ban was clearly the most controversial part of the original September 8 Emergency Health Care Order. The Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. Specifically, no firearms are to be allowed on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.  The order quickly resulted in condemnation by conservative Republicans and gun rights advocates.  Several lawsuits, including from the National Rifle Association were filed and a federal judge blocked the ban in less than a week.

Lujan Grisham amended that portion of the order to only ban carrying guns in public parks and playgrounds across Bernalillo County, something the city of Albuquerque had already sought to do and which has been challenged in court. That too was challenged in court and the injunction was expanded.

The order also says the state’s Human Services Department will send letters requiring health care providers to “provide their plans to achieve continual behavioral health network adequacy.”

When asked how the Governor’s Office would achieve the new measures related to substance abuse in a state historically stretched thin in behavioral health care, spokeswoman Maddy Hayden said this:

“(The Public Health Department has) implemented new data and monitoring requirements to increase accountability to ensure that Managed Care Organizations are in compliance. … “Data collection is ongoing and we are working with the MCOs to make sure they are providing timely care.”

The extended order includes the several initial measures, including testing wastewater at schools for drugs like fentanyl, monthly inspections of licensed gun dealers for violations, allowing police to book juveniles into jail without social services’ permission and sending New Mexico State Police officers to help local authorities fight crime in Albuquerque and Bernalillo County.

While deputies and officers have arrested hundreds of people following the order, it is unclear what effect that has had on gun violence and where the other initiatives, such as testing school wastewater, stand.

The Governor Spokeswoman Maddy Hayden also address what is being done to combating gun violence.  Hayden told the Albuquerque Journal the Governor’s Office is working to gather current data on shootings to assess changes since the order was enacted. She said this:

“In the meantime, I can tell you that there has been an unprecedented coordinated effort among state and local partners to take action against violent offenders in Albuquerque.”

Hayden said they have not yet collected data to share on the testing of school wastewater for drugs.

State Health Secretary Patrick Allen said this in a statement

“Gun violence is a leading cause of death among young people in New Mexico. That should horrify all of us. … It’s vital that we all work to nurture a culture of responsible firearm ownership and safety. …By supplying free trigger locks and orchestrating safe surrender events, we join forces with our communities, courageously tackling the menace of gun violence to ensure the safety and well-being of every New Mexican.”

Links to quoted news sources are here:

https://www.abqjournal.com/news/gov-renews-public-health-order-tacks-on-gun-buy-backs-substance-abuse-treatment/article_2720d902-649c-11ee-b95c-7f35e6b94fc0.html

https://www.kob.com/new-mexico/new-mexico-governor-provides-update-on-crime-public-safety-initiatives/

https://www.santafenewmexican.com/news/local_news/governor-extends-albuquerque-gun-violence-order-and-adds-provisions/article_ebf45cc4-649f-11ee-98bd-53abb7190cd8.html#:~:text=Just%20days%20after%20a%20federal,she%20is%20renewing%20the%20order.

GOV.  MLG GIVES UPDATE

On October 10, Governor Lujan Grisham, along with members of her administration held a press conference and gave an update on the public safety initiatives under her Executive or and the Emergency Public Health Order.   During the news conference, the governor’s Cabinet members individually touted what they saw as the health order’s successes in tackling gun violence.  Those successes included the following:

• The arrest of 502 people in less than 20 days with at least a hundred on misdemeanors. There has been an increase in the number of average daily bookings at the Albuquerque Metropolitan Detention Center since the order. Recent arrests led to an 11% increase in the jail population at the Metropolitan Detention Center.    
• 20 seized guns in a city that saw more than 5,000 guns stolen and not recovered since 2018.
• 38 fewer gunshots across three days in the Albuquerque area. Last year the city saw an average of 100 bullets fired daily.
• Statewide juvenile detention population has gone up 16% since Sept. 20 as part of the order. 32 juveniles are now behind bars and 13 of those arrests required an override where a risk assessment tool suggested releasing them until trial. Four of the 13 had a gun on school property, one was detained for assault on a school employee, and 3 were in possession of a stolen vehicle and fleeing officers.

COMMENTARY AND ANALYSIS

It is difficult to understand let alone justify Governor Lujan Grisham’s stubbornness when it comes to both of her Emergency Health Orders by including banning the carrying of firearms, concealed or openly, in public places when she is an attorney, she should know better and understand the constitutional problems.   Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms.  

A simple Executive Order containing all the other provisions of the two  orders, absent the gun ban, with  a law enforcement surge sustained indefinitely, would have accomplished just as much if not more with no backlash.  The truth is the Governor’s gun ban order accomplished very little other than ginning up the Republicans and Second Amendment Rights advocates that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants tangible results, she should call for the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act” during the upcoming 2024 legislative session or call for a special session. The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

Links to related blog articles are here:

Federal Judge Issues Temporarily Restraining Order Blocking Enforcement Of Two Provisions of Gov. MLG’s Ban On Carrying Guns In Public; TRO Includes Provision On Possession Of Firearms On State Property, Public Schools, And Public Parks; More State Police To City; Gov. Should Rescind Orders And Seek Omnibus Gun Control And Violent Crimes Sentencing  Act

Gov. MLG Declares Gun Violence Public Health Emergency; Public Health Care Order Issued Suspending Open and Concealed Gun Carry Laws;  Lawsuit Filed Claiming Orders Violate Second Amendment Rights; Governor’s Actions ILL Advised And She Should Retract Orders; Enact “Omnibus Gun Control And Violent Crime Sentencing Act”

On November 10, former New Mexico United State Attorney Damon Martinez announced that he is running for Bernalillo County District Attorney.  Martinez is now one of 2 candidates running against District Attorney Sam Bregman who was appointed on January 3 by Governor Michelle Lujan Grisham to fill the two year vacancy when former Bernalillo County District Attorney Raúl Torrez was elected New Mexico Attorney General.

DA Bregman announced in June that he is running to retain the post despite giving assurances to Governor Lujan Grisham he would not and would only serve 2 years. Both Martinez and Bregman were one of 14 attorneys who applied for Bernalillo County District Attorney’s  last year after Torrez was elected New Mexico Attorney General. The third candidate running in the Democratic primary is  Mathias Swonger  who is a public defender and who announced his candidacy on July 12. There a no Republicans being mentioned as running and none are expected to run and if that remains the case, whoever wins then Democratic primary in June will become District Attorney.

In a statement announcing his candidacy, Martinez said this:

“I am entering this race because this office and this moment demand leadership, experience, and integrity. … We are losing children and innocent bystanders to violent crimes and our small businesses are struggling to overcome theft and vandalism. The fentanyl epidemic is out of control and Bernalillo County families are looking for real solutions. …  I am answering the call to service because our current District Attorney is not providing the leadership and expertise that we so desperately need. Murders are being plead down and fentanyl dealers are serving one or two days in jail and then being released to continue terrorizing our streets. It has to stop and I have the experience and expertise that this moment demands.”

DA SAM BREGMAN RESPONDS

Bernalillo County District Attorney Sam Bregman released  the following statement about his two opponents:

I welcome both Matthias Swonger and Damon Martinez to the race for District Attorney. Since being appointed in early January of this year, I am proud of what we have accomplished. We have seen our conviction and pre-trial detention rates increase to levels we haven’t seen in years. We have identified and convicted numerous cold-case sexual assault perpetrators. We have implemented new policies to go after habitual shoplifters. And we have hired 40 new prosecutors which has led to our increased success. Being District Attorney of the largest county in New Mexico is not a job to be taken lightly. I have worked tirelessly over the past 10 months – even spending time in the courtroom myself – to ensure that our office has everything it needs to put violent criminals behind bars and make our community safer. I look forward to discussing the issues in this race with Mr. Swonger and Mr. Martinez.

ABOUT DAMON MARTINEZ

Damon Martinez was born and raised in Albuquerque, New Mexico. He earned a Bachelor of Arts in economics and political science from the University of New Mexico in 1989. In 1992, he earned his Juris Doctor from the University of New Mexico School of Law, followed by a Master of Business Administration from the Anderson School of Management in 1993.

From 1993 to 1996, Martinez worked as Legislative Assistant for Senator Jeff Bingaman. In 1999, he worked as Legislative Director for Senator Tom Udall. Martinez began working for the Las Cruces Branch Office of the United States District Court for the District of New Mexico in 2000. He transferred to the Albuquerque office in 2005, where he worked as First Assistant US Attorney and Supervisor of the Organized Crime and Gangs section. Martinez enlisted in the U.S. Army Reserve after the September 11, 2001, terrorist attacks, and became a judge advocate. He holds the rank of Lieutenant Colonel.

Martinez was appointed United States Attorney by President Barack Obama in 2013 and unanimously confirmed in the United States Senate in 2014. As United States Attorney, Martinez investigated sexual assault reporting at New Mexico universities. After finding inadequate policies and enforcement at the University of New Mexico, the United States Department of Justice reached an agreement to improve sexual assault tracking and increase student trainings on sexual misconduct.

Martinez took part in a $143 million settlement with the Chevron Corporation to clean up the Questa Mine near Taos, New Mexico in 2016. Under the agreement, Chevron Mining Inc. was required to open a wastewater treatment plan and cover more than 245 acres of my tailings.

As United States Attorney for the District of New Mexico, Damon Martinez played a critical role in the Court Approved Settlement Agreement (CASA) involving the Albuquerque Police Department after a Department of Justice (DOJ) investigation found a “culture of aggression” within APD. The DOJ investigation found that APD had engaged in a pattern of excessive use of force and deadly force, especially when dealing with the mentally ill. The Court Approved Settlement Agreement mandates sweeping police reform measures involving implementation of constitutional policing practices.

On March 11, 2017, Martinez was forced to step down as United State Attorney for the District of New Mexico  at the request of the newly appointed Attorney General  Jeff Sessions.  Martinez was one of 40 US Attorneys asked to resign amid President Donald Trump’s transition to power.

Martinez ran unsuccessfully in 2018 for the Democratic nomination for U.S. House, District 1.  Deb Haaland won the nomination with 41% of the primary vote and ultimately won the post. Martinez came in second with 26%, and former University of New Mexico law professor Antoinette Sedillo Lopez came in third with 21%.

After his primary campaign loss, Martinez was appointed by Mayor Tim Keller to the position of Senior Policy Advisor for the Albuquerque Police Department, a post he held until August when he resigned. He was paid $125,000 a year. His job duties included advising APD command staff and writing policy and acting as a lobbyist representing Albuquerque and testifying before the New Mexico legislature on law enforcement legislation.

Links to quoted source are here:

https://www.krqe.com/news/politics-government/damon-martinez-running-for-bernalillo-county-district-attorney/

https://www.abqjournal.com/news/damon-martinez-announces-bid-for-district-attorney/article_2336c47c-66ff-11ee-a403-aba26e20d364.html

https://en.wikipedia.org/wiki/Damon_Martinez

COMMENTARY AND ANALYSIS

There is no getting around it. With all the press DA Sam Bregman has been generating over the past 10  months since he was appointed and since announcing  he was running for a full 4 year term as District Attorney, he was no doubt hoping to “clear the field”.  He began his campaign with a very slick commercial, followed up with a number of fundraisers and recently with all sorts of endorsements over the last few weeks. Recent  Bregman endorsements  include Democrat US Rep. Melanie Stansbury, State Senate President Mimi Stewart, House Speaker Javier Martinez and Senator Jerry Ortiz y Pino. Endorsements from elected officials and the newspapers make a candidate feel good all over but other than that do not do much good to get a person elected.

Bregman will no doubt be well financed given his own personal wealth. Politcal insiders have said from day one of his appointment that he intended to run for a full term despite his assurances to the Governor that he would only serve the remaining 2 years of Raúl Torrez ‘s DA term. Bregman has said privately to confidential sources his ultimate goal is to get elected in 2024 as District Attorney and then turn around immediately  run for Mayor of Albuquerque in 2025  against Mayor Tim Keller seeing Keller as very weak. Bregman ran for Mayor before. Mayor Keller for his part is already making it known he is running for a third term in 2025, despite his extremely low approval ratings. One Albuquerque Journal poll in November of last year  had Keller with a 33% approval rating  and another private poll just a few months ago had Keller getting 18% and coming in third in a match up with 4 others.

As an Hispanic Democrat with significant name ID and one with the ability to raise a significant amount of money as he did when he ran for Congress, Damon Martinez is clearly an opponent to be contended with.  Although Sam Bregman is a respected trial attorney in his own right,  it was as a prominent criminal defense attorney.  Damon Martinez on the other hand  is considered a career prosecutor and his experience in law enforcement, in managing a large law prosecution firm and dealing with the New Mexico legislature far exceeds that of Bregman’s experience.

Then there is the wild card of public defender Mathias Swonger.  Mr. Swonger has served as a local public defender, in various capacities, for the past 11 years. He has offered a solid platform that can be reviewed in the below announcement blog article.

Links to 2 related blog articles are here:

DA Sam Bregman Announces Will Run For Full Term; Decision Made In May; Releases 2024 Campaign Commercial; Gov. MLG Gives Bregman “Cold Shoulder” With No Endorsement; A Six Month Office “Update” As Pre Trial Detentions Spike

Democrat Mathias Swonger Announces For Bernalillo County District Attorney; Challenges Governor Appointed DA Sam Bregman For Democratic Nomination; Expect Others

On October 18, 2022 Mayor Tim Keller announced his “Housing Forward ABQ Plan.” It is a “multifaceted initiative” where Mayor Keller  set the goal of the City of Albuquerque being involved with adding 5,000 new housing units across the city by 2025 above and beyond what private industry normally creates each year.  According to Keller, the city is in a major “housing crisis” and the city needs as many as 33,000 new housing units immediately.

During his news conference announcing his “Housing Forward ABQ Plan” Keller emphasized the importance of amending the city’s Integrated Development Ordinance (IDO).  Keller said this:

“Right now our zoning code will never allow us to meet the housing demand in the city … If you want a place to advocate, if you want a place to change policy, if you want a place to argue, it’s all about the IDO [Integrated Development Ordinance] .  …  The proposed changes are intended to be transformative, which is fitting for the crisis facing our local government, thousands of families in our community, and our housing partners.”

To add the 5,000 new housing units across the city by 2025, Keller proposed that the City of Albuquerque fund and be involved with the construction of new low-income housing.  The strategy included a zoning code “rebalance” to increase population density in established neighborhoods. It included allowing “casitas” which under the zoning code are known as “accessory dwelling” units and duplex development on existing housing and other major changes relating to parking and height restrictions.  It included “motel conversions” and conversion of existing commercial office space to housing.  It also included enactment of ordinances to regulate the rental and apartment industry and promoting city sanctioned tent encampments for the unhoused.

Allowing both casita and duplex development, increasing density in established neighborhoods,  reducing parking  requirements in new developments as well as allowing increases in height restrictions were all changes strongly supported and lobbied for by the development community. The local chapter of the  National Association of Industrial and Office Parks (NAIOP) lobbied heavily in favor of Keller’s “Housing Forward ABQ Plan” even going as far as having its President and Vice President testify  before the City Council. NAIOP is considered the most influential business organization in the city consisting of developers, investors and contractors with membership in excess 300 with many bidding on city contracts.  NAIOP has its own politcal action committee and the organization endorsees candidates for Mayor and City Council while the membership donates to candidates.  NAIOP also sponsors bus tours by City Councilors in all 9 City Council Districts to help identify development.

FAILURES OUT WEIGH SUCCESSES OF KELLER’S HOUSING FOREWARD ABQ PLAN

Earlier this year, the Keller Administration was able to narrowly secure some victories on the “Housing Forward ABQ Plan.”   Measures that PASSED included allowing two “Safe Outdoor Spaces” in all 9 City Council Districts, casita construction in established residential areas of the city to increase density and reducing restrictions on motel conversion projects to allow for easier development.  Measures that FAILED included allowing duplex development on existing housing to increase density, reducing parking requirements for multifamily developments and increasing building heights for some apartment buildings.

Two new city council  ordinances that FAILED to be enacted by the city council included an ordinance requiring the disclosure and the  capping of fees on apartments and rental properties and to cap the number of short-term rentals in the city.

AMENDING CITY ZONING LAWS: CASITA’S IN, DUPLEX DEVELOPMENT OUT

Keller wanted to allow different forms of multi-unit housing development on existing residential properties.  City officials said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences.

Keller pushed for enactment of two major amendments to the city’s zoning law known as the Integrated Development Ordinance (IDO)  as part of his Housing Forward ABQ Plan. One amendment allows one 750 foot “casita” or one  “accessory dwelling” unit on all built out lots which could double density to 240,000  housing units.  The second amendment would have allowed “duplex development” on existing residents where 750 square foot additions for separate housing would be allowed on existing residences which with casitas would have tripled density to 360,000.   Mayor Keller called the legislation “transformative” updates to Albuquerque’s Integrated Development Ordinance (IDO) to carry out his “Housing Forward ABQ”.  

The amendments contained in the legislation was to allow the construction of 750 square foot casitas and 750 square foot duplex additions on every single existing R-1 residential lot that already has single family house built on it in order to increase density. The amendments as originally proposed would allow one “casita” and one “duplex addition” with a kitchen and separate entrance to an existing structure on all built out lots.   City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences.

The zoning code amendments would have made both casitas and duplex additions “permissive uses”.  Historically, they have always been “conditional uses”.  A “conditional use” requires an application process with the city Planning Department, notice to surrounding property owners and affected neighborhood associations and provides for appeal rights.  A “permissive use” would give the Planning Department exclusive authority to issue permits for construction without notices and hearings and with no appeal process to surrounding property owners. Objecting property owners and neighborhood associations to the permissive casita and duplex uses would be relegated to filing lawsuits to enforce covenants and restrictions.

On June 21 the Albuquerque City Council voted 5-4 to approve the zoning code changes with amendments made to the  Integrated Development Ordinance.  The version of the bill that ultimately passed on a 5-4 vote was amended extensively. The city council voted to allow casita construction as a “permissive use” in all single-family R–1 zone and reduce parking requirements for some multifamily properties and changing building height limitations. This was a major change supported by the development community. The city council voted to strike the amendment and to not allow duplexes to be permissively zoned in R–1 zone areas, which make up about two-thirds of the city.

LOWERING THE BAR 

On July 6, Mayor Tim Keller signed into law the zoning amendments that embody his “Housing Forward ABQ Plan”.  It allows  casita construction on 68% of all built out residential lots in the city.  Casita construction is now a “permissive use” on all single-family R–1 zones giving the Planning Department exclusive authority to approve casitas over objections of adjoining property owners.

Mayor Keller announced his administration’s goal is to review and approve 1,000 new casitas all over the city by 2025.  Keller announced the Planning Department will also “lower the bar” for property owners to build casitas and provide pre-approved casita designs. The city also wants to provide loans for building costs to homeowners that agree to rent their casita to those who use Section 8 housing vouchers.

MOTEL CONVERSIONS IN, COMMERCIAL OFFICE SPACE CONVERSIONS ABANDONED

Mayor Keller’s “Housing Forward ABQ” places great emphasis on “motel conversions”.  A zoning change already enacted by the city council in early 2022 year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven. The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens.  An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents. The homeless or the near homeless would be offered the housing.

MOTEL CONVERSIONS COSTLY

“Motel conversions” is  where the City’s Family & Community Services Department  acquires  and renovates existing motels to develop low-income affordable housing options. Keller’s plan calls for hotel or motel conversions to house 1,000 people by 2025.

The Keller Administration proclaims that motel conversions are a critical strategy for addressing the city’s housing shortage. The city proclaims motels conversions are a simpler, lower-cost alternative to ground-up construction. It will require city social services to regularly assist residents. The homeless or the near homeless would be offered the housing likely on a first come first served basis and with rules and regulations they will have to agree to.

On February 11, 2023 it was reported that the City of Albuquerque executed a purchase agreement for the purchase of the Sure Stay Hotel located at 10330 Hotel NE for $5.7 million to convert the 104-room hotel into 100 efficiency units. The $5.7 million purchase price for the 104-unit complex translates into $53,807.69 per unit ($5.7 Million ÷ 104 = $53,807.69 per unit).

At a December 6, 2022 meeting on motel conversions, city officials said that the city’s estimated cost is $100,000 per unit to fix up or remodel existing motels. Using the city’s own estimated remodeling costs for the Sure Stay Motel, an additional $10 Million will be needed to remodel the motel for low income housing. ($100,000 per unit X 100 efficiency apartments = $10 Million). Therefore, the entire Sure Stay conversion project will have an estimated cost of $15,700,000.  ($5.7 purchase cost + $10 Million remodeling cost = $15,700,000)

City officials have said there is funding available for only one more motel purchase.

COMMERCIAL OFFICE SPACE CONVERSIONS

According to Keller’ plan, the city wanted to convert commercial office space into to residential use. The Keller administration proposed  $5 million to offset developer costs with the aim of transitioning 10 commercial  properties  and creating 1,000 new housing units.

The Keller Administration early on announced that the conversion office space plan is a heavy lift for the city and the city has yet to acquire a single commercial office building to be converted into residential use.

“SAFE OUTDOOR SPACES”

 Although Safe Outdoor Spaces for the unhoused was not announced as part of Mayor Keller’s original “Housing Forward ABQ Plan”,  they nevertheless required major changes to the Integrated Development Ordinance. They dove tail into Keller’s overall approach to what he labeled an  “all above approach” to address the city’s housing shortage and to deal with the unhoused.   Safe Outdoor Spaces became one of the most divisive issues dealt with by the City Council 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 department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

It was April 1, 2022, in his proposed 2022-2023 budget, that Mayor Tim Keller,  advocated and  supported an amendment to the Integrated Development Ordinance that allows for the land use known as “Safe Outdoor Spaces” to deal with the homeless crisis.  “Safe outdoor spaces” will permit 2 homeless encampments in all 9 city council districts with 40 designated spaces for tents, they will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. 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 in June 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.

Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances, such was the case with Coronado Park.  The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

AGGRESSIVE ORDINACES TO REGULATE

Keller’s “Housing Forward ABQ Plan” attempted  to address the shortage of affordable housing with two very aggressive new ordinances. Both failed.  Those new ordinances were:

1. The “Residential Tenant Protection Ordinance” totarget what was declared “deceptive” practices and “unreasonable” fees charged by residential rental  proper owners and landlords. 
2. The “Residential Rental Permit Ordinance” limiting and placing caps on short term rentals.

RESIDENTIAL RENTAL PERMIT ORDINANCE FAILS

The Keller Administration made a part of the “Housing Forward ABQ  Plan” the “Residential Tenant Protection Ordinance” sponsored by District 7 Albuquerque City Councilor Tammy Fiebelkorn.  The ordinance was proclaimed  to protect tenants from “predatory practices such as excessive application fees, clarifying that deposits must be refundable and capping other fees, especially in complexes that accept vouchers.”

The ordinance was viewed as a form of or an attempt at at rent control.  City Councilor Tammy Fiebelkorn is a strong advocate of rent control and became upset when the city council would not support rent control and when the New Mexico legislature also  rejected rent control in the last legislative session.

At the time of introduction, Fiebelkorn said tenants complained that they were paying a lot more for the apartments they rented than they expected because of “hidden fees”. The bill would have required landlords to post a list of application fees, minimum income and credit score requirements, plus background check results that could disqualify applicants.

The bill would have required the following:

• Rental property owners and landlords would be required to make upfront disclosures to potential applicants.
• Rental property owners and landlords would have to list any parking, amenity, pet or other fees, as well as any financial penalties tenants might face for late payments or other lease violations.
• Rental property owners and landlords would also have to outline certain terms of their tenant-screening process so that would-be applicants knew ahead of time if they must have a specific credit score or income to qualify.
• All application fees would be limited to $150 and require landlords refund it in cases where they rented the unit to someone else before processing others’ applications or when they denied an applicant without providing a reason.
• Rental property owners and landlords   would have been prohibited from mandating that tenants have insurance for their personal property, though they could have still required that renters have insurance to cover damage to the rental unit.

Supporters described the bill as “common sense” protections for tenants. They argued the regulations would ease the burden on lower-income renters who currently struggle to pay multiple application fees and who need to know and plan for about all the fees they will have to pay while in a rental agreement.

Opponents of the bill, including the rental industry representatives, said it was “meddlesome”, “cumbersome”, “unnecessary” and interfered with property rights and contract rights and was an attempt at rent control .   It was argued passage would likely result in the raising of  rents to account for the new regulations.

On March 6, 2023 the Albuquerque City Council voted  4  YES and 5  NO  to kill Fiebelkorn’s “Residential Protection  Ordinance” as it had been amended since introduction in November of 2022.

RESIDENTIAL RENTAL PERMIT ORDINANCE FAILS

It was Progressive Democrat Albuquerque City Councilor Tammy Fiebelkorn who sponsored the Residential Rental Permit Ordinance.   On Monday August 21, 2023  the Albuquerque City Council  voted 3 YES and 6 NO to place a cap on the number of short-term rentals in the city in addition to the requirements of the 2020 short-term rental ordinance which requires short-term rental owners to obtain a permit and set certain occupancy limits. Progressive Democrats Councilors Pat Davis, Tammy Fiebelkorn and Isaac Benton voted in favor.  Conservative Republicans Councilors Dan Lewis, Brook Bassan, Renée Grout, and Trudy Jones voted against. Conservative Democrats Louie Sanchez and moderate Democrat Klarissa Peña voted against it.

The Keller Administration argued that there is a need to protect existing housing stock to make it available to all permanent residents and future residents so that they will always have access to a safe, stable home. The goal of the ordinance was to cap the number of short-term rentals like Airbnb and VRBO in an attempt to stop housing units from being removed from the overall housing market reducing the availability of homes for sale. The initiative was intended to boost housing stock in Albuquerque.

Under the original legislation, the permit cap would have been set at 1,800. The cap was raised from 1,200 in the original legislation to accommodate all current rentals in the city. In addition to the cap, the ordinance would have done the following:

• Limit the number of permits per owner to 3.
• People who currently own more than three rental properties would be able to keep all of their properties, and renew those permits in perpetuity but they would be prohibited from adding properties.
• All existing rental properties would be grandfathered into the 1,800 cap.
• Require a manager, either the owner or another party, to live or be based within 20 miles of the city limits, and be available 24/7 to respond to maintenance issues, security concerns, and complaints
• Require the manager’s contact information be included on the permit application
• Limit permits to natural persons, as opposed to corporations or other business entities
• Limit the number of rentals to 3 per individual operator. People who already own more than 3 rentals would be grandfathered in  and be able to renew permits for all their properties.
• Properties available for mid-length stays for traveling nurses or other transient workers would not be included. Only properties offering stays of 30 days or less will be included
• Corporations would still be able to own short-term rentals, but they would need to find a local manager to list their contact information and be available to guests.
• Increase the civil penalties for non-compliance with the ordinance.

During the August 21, 2023 city council meeting a floor substitute for the ordinance was introduced which revised and removed much of the original legislation. The cap, local manager, and individual limits were removed.  In their place was a minimum distance of 330 feet between short-term rental units. It also would have removed the criminal penalties for violations of existing short-term rental regulations.

The floor substitute failed and councilors voted 6-3 against adopting the replacement. Subsequently, the original legislation also failed 6-3. Progressive City Councilors Pat Davis, Tammy Fiebelkorn and Isaac Benton voted in favor.  Conservative Republican City Councilors Dan Lewis, Brook Bassan, Renée Grout, Trudy Jones, Conservative Democrat Louis Sanches and Moderate Democrat Klarissa Peña voted against.

NEW DEPARTMENT CREATED

On September 15, 2023, Mayor Tim Keller announced he was dividing the Department of Family & Community Services into two major departments: The Youth & Family Services Department and the Health, Housing & Homelessness Department. According to the announcement, homelessness and youth opportunity are two of the major priorities of the Keller Administration, and the reorganization will ensure these  issues receive the focus and attention they deserve.

Carol Pierce, the former Director of the Family and Community Services Department was appointed Director of the Health, Housing & Homelessness (HHH).  The new department will oversees homelessness programs, affordable housing, behavioral health, and health & social service centers.

Katarina Sandoval was appointed the Director of the Youth & Family Services Department.  The new department  oversees  youth programs, community centers, educational initiatives, child and family development, the Area Agency on Aging, and the new Public Education Support division to coordinate closely with APS.

https://www.cabq.gov/family/news/city-creates-new-departments-of-health-housing-homelessness-youth-family-services

CITY COUNCIL GETS UPDATE ON HOUSING GOALS

On September 19 the Albuquerque City Council was given an update on Keller’s  Housing ABQ Forward Plan and  the city’s efforts to bring 5,000 housing units to Albuquerque by 2025 with  city support.   City Councilors have repeatedly asked for an update from the Department of Family and Community Services.  The update report was on the city’s housing projects from the last 5 years  as well as plans to increase unit production before 2025.  The Keller Administration again cited a 30,000-unit shortage of housing and a need for 15,500 affordable housing units. The topic of the unhoused was also brought up by city councilors.

Joseph Montoya, the city’s new Deputy Director of Housing, made an in-depth presentation that laid out what the city has been doing and how they plan to address the affordable housing shortage.  Montoya said the goal was 30,000 units of new housing over the next 5 years. Out of that number, at least 5,000 units of affordable housing are needed. The 5,000 units of affordable housing by the city has from the get go been the goal of the “Housing Forward ABQ Plan.”

STATISTICS PRESENTED

Over the past 5 years, the city has supported the construction of 2,224 housing units, 1,021 of which are subsidized for low to moderate income tenants. On average, the city has been producing between 200 and 250 affordable units per year, for  about 450 units total. The city now has a goal of producing 1,000 affordable housing units per year. To reach that goal, the current housing output will have to at least quadruple.

Montoya gave the following statistics:

• Nearly half of renters are rent-burdened.
• Rents have increased 20% since 2021.
• The median house price is $360,000.
• The city’s current waiting list for help with housing is about 800 people long.
• The city needs to produce 1,500 new units a year to keep up however only 200-250 units are being produced.

Montoya said this:

“[These are] the worst stats I’ve seen to date.”

In addition to the initiatives already in place, Montoya outlined additional strategies the city would like to use. Those  strategies include:

• Expediting planning approvals for affordable housing developments,
• Opening request for proposals, known as RFPs, to “for-profit” as well as nonprofit developers,
• Creating a loan fund for homeowners building affordable accessory dwelling units.
• Align the city’s RFP process with the Metropolitan Redevelopment Agency and to create funding packages for developers.

Montoya is  asking  for a $20 million per year budget to focus on housing initiatives in the city.

HEATED DISCUSSION

City Council President Pat Davis said the statistics Montoya provided do not add up.  It was noted the city has  the  goal of producing 1,000 affordable housing units per year. To reach that goal, the current housing output will have to at least quadruple. Davis pointed  to the hundreds of people waiting for housing vouchers and a comparatively low number of affordable units being built. Davis said this:

“The math doesn’t match… We have 800 people on a housing voucher waiting list. … This doesn’t create the number of units for people on the waiting list.”

After Deputy Director of housing Joseph Montoya made his presentation, City Councilors turned their  attention  to the question of the new Gateway Center 24-7 homeless shelter. In particular, the council wanted to know  0nce people leave the Gateway Center to move into permanent housing, will they have a place to go?

Davis also questioned if people leaving the Gateway Center to move into permanent housing would be met with a dearth of housing and be pushed back onto the street.

“There’s no point in building the front door in Gateway if there’s nowhere to put them out. … At current capacity, this [building rate] does not get us to meeting the outflow need.”

City Councilor Tammy Fiebelkorn asked why, despite the change to the city’s zoning code earlier in the year to make motel conversions easier, there had only been one motel conversion over the past 5 years. Montoya said the city has only purchased one motel and is in conversations to purchase another.

Fiebelkorn  raised the alarm that several projects supported by the city either had 100% affordable housing or 0%. Fiebelkorn said this:

“It’s my understanding from all the research and analysis that we should be moving towards mixed-income development. … Why are we not seeing affordable housing in all of them?”

Community members also raised concerns. Housing advocates spoke during public comment at the meeting.   Several objected to  opening RFPs to private developers and called for publicly-owned housing instead. Cameron Martinez said this:

“There’s many, many property management companies where profit is a priority over the well-being of the community. ” … We need permanently affordable, dignified housing in this city.”

Montoya agreed the housing crisis can have dire consequences for the city. Montoya said this:

“You lose history, you lose culture. … You lose everything that Albuquerque stands for.”

Links to quoted news source material are here:

https://www.abqjournal.com/news/the-worst-stats-ive-seen-to-date-city-outlines-strategies-to-ramp-up-housing-production/article_9f084642-5729-11ee-80e5-4384fce5a740.html

https://www.abq.news/stories/council-watch-brief-meeting-big-words,45484?newsletter=45468

COMMENTARY AND ANALYSIS

The housing shortage is related to economics, the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing or qualify for housing mortgage loans. The shortage of rental properties has resulted in dramatic increases in rents.

Simply put, Keller  used a short-term housing “crunch” to declare it a “housing crisis” in order to shove his “HOUSING FORWARD ABQ PLAN” down the throats of the city residents and property owners. Keller used the current  housing crunch to declare a housing crisis to advocate major zoning changes that will increase density and destroy neighborhoods relying on neighborhoods, investors and developers to increase density by laxing zoning restriction for developers.

Keller’s “HOUSING FORWARD ABQ PLAN” empowers the Planning Department to unilaterally issue “permissive uses” for “casitas” on existing structures.  The Planning Department is now allowed to exclude the general public from the permissible use application and deny adjacent property owners the right to object and appeal casitas. It essentially will require property owners to sue adjoining property owners to enforce covenants and restrictions.

“HOUSING FORWARD ABQ” is an aggressive approach to allow the city Family and Community Services department to become alarmingly involved with acquisition of private property to promote Keller’s politcal agenda to supplement the housing market with low income housing  when the city should be concentrating on providing basic essential services. The Keller Administration is emphasizing the homeless crisis as a rues to promote the “HOUSING FORWARD ABQ” when the plan has nothing to do with housing the homeless and everything to do with increasing housing density in established neighborhood.

Mayor Tim Keller’s Housing Foreword ABQ Plan is a city policy abomination that favors developers and the city’s construction industry over neighborhoods.  Given the public’s negative reaction at all 5 of the public meetings, there exists strong public hostility and mistrust.  Keller’s Housing Foreword ABQ Plan  was rejected by city residents as going way too far and the Albuquerque City Council essentially did the same by voting down many of the initiatives it contained.  Keller boldly proclaimed his Housing Foreward Plan was “transformational.”  The only thing transformational about it is that it will destroy historic neighborhoods and the character of established neighborhoods.

KELLER CATERING TO DEVELOPERS

The Integrated Development Ordinance  was enacted a mere few weeks before Tim Keller was elected Mayor the first time in 2017. When then New Mexico Auditor Tim Keller was running for Mayor he had nothing to say publicly about the IDO and gave no position on it.  He did proclaim he was the most uniquely qualified to be Mayor despite lacking any experience in municipal affairs and city zoning matters. The likely reason for not taking a position on the IDO was his sure ignorance of municipal land use planning and zoning matters, something he was never exposed to in his career as a State Senator and State Auditor.

Five years later, Keller ostensibly had some sort of epiphany and education and proclaims the IDO is outdated.  It’s very difficult, if not outright laughable, to take Mayor Tim Keller serious when he proclaimed the city’s Integrated Development Ordinance (IDO), which lays out highly complicated zoning and subdivision regulations, as being outdated given that it was enacted in 2017 by the city council on an 8-1 vote.

For decades, investors, developers and construction contractors have objected to sector development  plans proclaiming they were too burdensome and stifled development.   They have wanted a loosening of the zoning laws to allow for casitas and duplexes and reducing parking requirements in new developments as well as allowing increases in height restrictions. The Integrated Development Ordinance repealed upwards of 60 sector development plans.

What  really happened with Mayor Tim Keller’s “transformative changes” to  the Integrated Development Ordinance and his  “Housing Forward ABQ” plan is  Keller  catered to the development community as he  pretended  to be an expert in housing development and zoning matters.  Keller relied on his exaggeration of  the city’s housing crisis and homeless crisis to seek further changes to the city’s zoning code to help the development community and using city funding to do it.

ANOTHER RUSH JOB TO FAVOR DEVELOPERS

Simply put, the IDO is and has always been an abomination that favors developers and the city’s construction industry. The 2017 rewrite was a rush job.  It took a mere 2 years to rewrite the entire zoning code and it emerged as the Integrated Development Ordinance (IDO). It was in late 2017, just a few weeks before the municipal election and the election of Mayor Tim Keller, that the City Council rushed to vote for the final adoption of the IDO comprehensive plan on an 8-1 vote.

The rush job on city zoning to favor developers happened again. This time, Mayor Tim Keller had City Councilors Isaac Benton, a retired architect, and Republican Trudy Jones, a retired realtor to carry his water for him by sponsoring the legislation.

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 along with $200 Million in bonds to be approved by city voters. Incumbent Progressive Democrat City Councilors Isaac Benton and Pat Davis and Conservative Republican Trudy Jones, big supporters of the Mayor’s legacy projects, are not running for another term.

The November 7 municipal election could shift city council majority control from the current 5 Democrats to Republican control or perhaps a far more conservative shift to challenge Mayor Keller’s political agenda on land use issues that favors developers. It’s an agenda that needs to be challenged.

Links to related blog articles are here:

An In-Depth Analysis of Mayor Keller’s “Housing Forward ABQ Plan”; Plan Met With Hostility And Mistrust by Public; Viewed As Destroying Neighborhoods To Benefit Developers

 

Three Set Backs To Mayor Tim Keller’s Housing ABQ Forward Plan; City Council Kills Short Term Rental Regulations; Keller’s Interference With Rental Housing Industry And Real Property Rights No Answer To Housing Shortage Even As Keller Caters To Developers