On July 25, 2023 Mayor Tim Keller appeared before a luncheon of the local chapter of the National Association of Industrial and Office Parks (NAIOP).  During the luncheon, Keller announced to NAIOP that some parts of the Gateway Center are open.  Keller went on to announce it will be at least two more years until the Gateway Homeless Shelter is fully operational. Keller told the group this:

“Look, it’s a little delayed because of asbestos. Before that it was delayed because of zoning. You all know how that works [being developers], but we are doing this.”

According to Keller, the City has now broken up the center’s opening into phases by addressing one service at a time. For example, a housing navigation center, a first responder drop-off and a sobering center are e phases.

Other services like mental health care and overnight shelters will take even longer to open than originally planned. Keller said this

“My goal is, in the next two years to have all those phases open. It’s gonna be a heavy lift, but we have to do this for Albuquerque”.

https://www.kob.com/new-mexico/mayor-keller-talks-public-safety-plans-new-stadium-and-gateway-center-timeline/

City spokesperson Chris Chaffin said two parts of the Gateway Center should be completed this summer and they are the Housing Navigation Center and the Engagement Center. According to Chaffin, the Engagement Center started some operations in January. Eventually, people staying at the shelter will be able to get their hair cut, secure a ride to the clothing bank and get job training all in the same place.

Additional services like case management and job training are being planned. The Housing Navigation Center will include overnight beds for women and additional services to secure stable housing.  Chaffin said the certificate of occupancy has not yet been issues but is imminent. No opening date has been given.

https://www.abqjournal.com/news/despite-delays-city-aims-to-open-two-parts-of-gateway-center-this-summer/article_243bdd74-2bf6-11ee-9760-130f91496589.html

GATEWAY SHELTER COSTS AND OTHER EXPENDITURES

According to the Keller Administration, construction cost on the Gateway Homeless Shelter is $7 million which is upwards $340 a square foot. Next on the construction timeline is a receiving area for first responders and Albuquerque Community Safety employees followed by a medical sobering center and a “medical respite” center.

The current construction costs of $7 Million are in addition to the $15 million building purchase in 2021 and $1 million per year contract with Heading Home, the homeless service provider that operates the center, putting the current price tag at $23 million.

Over the past two fiscal years, the Keller Administration has spent $33,854,536 for homeless emergency shelters, support, mental health and substance abuse programs and $60,790,321 for affordable housing programs for the low-income, near homeless.  It has also spent funding for two 24/7 homeless shelters, including purchasing the Gibson Medical Center for $15 million to convert it into a homeless shelter. The Family and Community Services approved 2023-2024 budget lists forty-five (45) separate affordable housing contracts totaling $39,580,738, fifteen (15) separate emergency shelter contracts totaling $5,575,690, and twenty seven (27) separate homeless support service contracts totaling $5,104,938 for a total of $50,261,366

GATEWAY SHELTER OCCUPANCY

Over this past winter, but cause of harsh weather conditions, emergency overnight beds were opened to all genders due to the weather with nearly 100 men staying in the facility. Currently, overnight beds are only available for women at the Gateway Shelter.

Since January of this year, a total of 93 women have stayed in the overnight beds at the Gateway shelter. Currently, 35 women are staying in the Gateway shelter, using beds separated by cubicle-like dividers at the shelter. Rubbery sheets, studded with magnets, can be affixed to metal strips to add additional privacy. Like the Westside Emergency Housing Center, the Gateway Center is open to pets as well as people. According to city officials, allowing pets lowers barriers to entry.

One hundred beds are available at the Gateway Center. However, people are not able to walk in and access services.  A referral from another social service provider is required and then the person must go through a screening process. Although sobriety isn’t a requirement to enter the facility, drug use is prohibited on the premises.

City officials say that although one or two night stays are expected, the goal is for people to have longer stays and to take advantage of the housing and job training resources before eventually moving into permanent housing.

Family and Community Service Director Carol Pierce said the goal is to move residents of the shelter into permanent housing within 90 days. Pierce wasn’t sure how many women of the 93 have moved to permanent housing, but noted that the 90-day program hasn’t been fully implemented.

Links to quoted news sources are:

https://www.abqjournal.com/news/despite-delays-city-aims-to-open-two-parts-of-gateway-center-this-summer/article_243bdd74-2bf6-11ee-9760-130f91496589.html

https://www.abqjournal.com/news/gateway-center-feels-like-home-for-the-homeless/article_6a0ed4c0-324d-11ee-b2ab-df4211762646.html

KELLER’S ROAD TO GATEWAY 

It was on Tuesday, April 6, 2021, that Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million in order to convert it into a 24-7 homeless shelter. In making the announcement, Keller said in part:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people.  This challenge [of housing the homelessness] is huge. And we know this challenge has gotten way worse during the pandemic. For us, this is about actually doing something. Not just talking about it, not just discussing it, not just harping about the details. This is about action. … This is never meant to be permanent. It’s meant to be a gateway to services that can then lead to people enabling and changing their lives. …  What we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question.”

After his press conference, Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased for a 24/7 homeless shelter.  Keller said he planned to confer with residents in the future. Keller made it clear either way, like it or not, the site had been selected and the Gibson Medical facility will be used to service the homeless population as a Gateway Center.

After his press conference, Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased. Keller said he planned to confer with residents in the future. Keller made it clear either way, like it or not, the site had been selected and the Gibson Medical facility will be used to service the homeless population as a Gateway Center.

https://www.abqjournal.com/774956/medical-center-at-old-lovelace-hospital-might-expand-to-other-uses.html

Since being sworn in as Mayor the first time on December 1, 2017, Mayor Tim Keller made it known that building a city operated homeless shelter was his top priority. Keller deemed that a 24-hour, 7 day a week temporarily shelter for the homeless critical towards reducing the number of homeless in the city. Keller’s plans are that the city owned shelter is to assist an estimated 1,000 homeless residents and connect them to other services intended to help secure permanent housing. The new facility is intended to serve all populations of men, women, and families. Further, the city wants to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility is to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.  The new homeless shelter is intended to replace the existing West Side Emergency Housing Center, the former jail on the far West Side. The west side facility has been deemed unsustainable costing over $1 million in transportation costs a year for the homeless. The goal is  for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

DELAY AFTER DELAY

Since the April 6, 2021 purchase of the Gibson Medical Center for conversion to the Gateway homeless shelter, completion of the project has experienced delay after delay. The plague of delays has included neighborhood protests, a civil lawsuit and zoning battle and asbestos discovery requiring remediation.

PROTESTS RECALLED

After his April 6, 2021 press conference, Mayor Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased. Keller said he planned on conferring with residents in the future.  However, Keller made it clear either way, like it or not, the site had been selected and the Gibson Medical facility will be used to service the homeless population as a Gateway Center.

Residents who live in the area said it would only cause more problems for them in the area. Other residents thought the facility should be used on a smaller scale to service a few dozen women and children, rather than a few hundred people. The biggest worry is that the Gibson facility would  in fact be converted to “mega-shelter” that will impact the neighborhood.

On Friday, April 9, 2021 neighbors who felt they have been ignored and overlooked in the planning process and being asked to shoulder too big of a burden protested near the site. Some held signs with the messages:

“NO INPUT, NO INFO, NO FAITH IN GATEWAY”
“KELLER LIES ABOUT SIZE”
“I VOTED FOR A SUBSTATION AND ALL I GOT WAS THIS LOUSY MEGA SHELTER”
“KELLER NEVER ASKED US”
“GATEWAY = KELLER’S ART”
“KELLER NEVER ASKED US”
“MAYOR KELLER, NO MORE DISRESPECT”

Vera Watson, a resident of nearby Parkland Hills neighborhood, said the city has too big of a concentration of social services in Southeast Albuquerque. Watson believes it contributes to crime. Watson said she voted for the bond question that generated $14 million for the Gateway Center and that she supports additional services for people who are homeless. However, she feels the city has neglected the surrounding neighborhoods while advancing the project. Watson said bluntly:

“I just think the mayor gave us his middle finger”.

https://www.abqjournal.com/774956/medical-center-at-old-lovelace-hospital-might-expand-to-other-uses.html

The net result of the protests was the neighborhoods organized, held meetings with city officials and recruited attorney’s acting pro bono to assist with appeals.  The neighborhoods argued that the city needed to do more for homelessness, but not all in one place at one time.

The neighborhoods were successful in negotiating greater input on the site development, including the city investing in lighting and infrastructure, security plans and creation of a “neighborhood council” to address unintended consequences. The city significantly reduced plans for the Gibson Gateway Center from an unlimited number of overnight beds to a homeless shelter for upwards of 50 women and those needing medical care.

ZONING APPEALS

Soon after the April 6, 2021 announcement that the city had bought the Gibson Medical Center facility for the new Gateway “overnight shelter”, the Keller Administration discovered that the facility was zoned for “hospital and medical” usage exclusvely. The existing zoning for the Gibson Medical Center facility allowed  for an “overnight shelter” but only as a “conditional use” that the city had to  apply for  under  the  city’s zoning laws known as the Integrated Development Ordinance.   Within weeks of closing on the purchase of the facility, the city applied for the “conditional use” arguing there was a strong need for it to enhance Albuquerque’s demand for homeless services to an ever-expanding homeless population.

From the get go, the filing for the conditional use zoning application was bogged down in appeals filed by the surrounding neighborhoods, which was totally within their rights but which upset Mayor Keller. In a June, 2022  press conference announcing the closure of Coronado Park, Mayor Keller took it upon himself complained about the delay and said this:

“The Gateway Center has been delayed years because of appeals based on zoning laws made by a small, tiny community that doesn’t want that thing to open. … [It has been tied up in an] endless purgatory of appeals.”

It was On August 16, 2022, a full 15 months of delay since the Keller Administration purchased the sprawling Gibson Medical Center to convert it into a 24-7  homeless shelter  that  the Keller Administration was able to finally secure the necessary “conditional use”  zoning change to operate the facility as a 24-7 “homeless shelter.”

ASBESTOS FOUND

The Keller Administration had planned to have overnight beds available by 2022, but for various reasons that did not happen. Then asbestos was found in the facility delaying construction and remodeling even further.

On April 25, 2023, KRQE News 13 Investigation Reporter Larry Barker reported on the Keller Administration’s discovery of asbestos at the new Gateway renovation construction site.  Barker also reported on the coverup of the cleanup efforts resulting in delays of completion of the Gateway Homeless Shelter.  Following is the report edited and rearranged for brevity:

“It’s a massive 70-year-old hospital building bought by the City of Albuquerque two years ago. Mayor Tim Keller pledged to transform the old Lovelace Medical Building into a showpiece complex to address the city’s homeless problem. Once complete, the Gateway Project is designed to be a modern multi-purpose homeless shelter and health services center.

Over the past year, the city has been engaged in a $9.5 million building renovation. The Gateway Center is expected to open for business later this year.

But there’s trouble at the Gateway Project, and it’s not something Albuquerque officials will talk about. You see, it isn’t just a construction zone; it’s a danger zone. Internal city documents obtained by KRQE News 13 show how Albuquerque officials involved with the Gateway renovation blatantly violated federal health and Safety regulations putting lives at risk.

One of the roadblocks to renovating old buildings is the presence of asbestos. In the 1950s, when the original Lovelace Hospital was built, asbestos was commonly used in building materials like insulation, ceiling tiles, and flooring. Today, if construction workers encounter asbestos during renovation projects, then stringent federal abatement regulations must be followed.

Breathing asbestos fibers can be deadly, so only specially trained and certified work crews are allowed to operate in asbestos remediation areas. Full body suits, respirators, gloves, and boots are required. Asbestos debris must be bagged and disposed of in a hazardous waste repository.

UNM School of Medicine Pulmonologist Dr. Akshay Sood said this:

“[Asbestos] does cause cancer, and it is recognized to be a carcinogen. … It’s important to minimize exposure to asbestos to construction workers because there is a tremendously high risk of developing… cancers as well as other diseases associated with asbestos exposure.”

According to a city timeline, last year contractors doing renovation work on the Gateway Center’s second floor used a large mechanical scraper to rip out and shred old tile flooring containing asbestos. The debris was swept up with brooms and thrown in the trash. There were no worker safeguards, no notifications, no protective gear, no respirators, and no regard for the law.

The Occupational Health and Safety Bureau (OHSB) initiated an investigation after receiving complaints that allege “No inspection or testing was done prior to demolition work. Workers are not wearing PPE and are scraping, and grinding. The HVAC system is still running and may have transported dust through the building. Staff have raised safety concerns multiple times but the project is politically driven and two work stop orders from the City’s Risk (Management) Division have been ignored.”

On February 28, 2023, Albuquerque’s Risk Management Division informed Gateway Project Manager Jesse Valdez that “There is high possibility that there is asbestos in the areas of the Gibson Health Hub that are under construction. All work in these areas must cease until an asbestos test has been performed.”

An internal city document noted, “There was no pause on the construction site with the reasoning that Risk (Management) does not have jurisdiction to shut down construction sites.” Renovation construction was halted only briefly and then resumed.

On March 9, 2023, test results confirmed the presence of asbestos in the 2nd-floor work area. OHSB Investigators directed the city to halt all work in the asbestos area. OHSB Safety Compliance Officer Lorenzo Montoya said this:

“It is imperative that a regulated area be established immediately. The area must be secured from unauthorized persons and demarcated immediately,”

New Mexico’s Occupational Health and Safety Bureau Chief Bob Genoway said this:

“We consider (these) to be serious allegations that warranted an OSHA investigation. … Bottom line is we’re trying to make sure that employees don’t become seriously ill or injured from hazards in the workplace. Asbestos is a recognized, serious hazard in the workplace and can cause serious diseases.”

Links to quoted news sources are here:

https://www.krqe.com/news/larry-barker/albuquerques-gateway-center-the-danger-zone/?ipid=promo-link-block1

https://www.krqe.com/news/larry-barker/behind-the-story-larry-barker-investigates-the-gateway-centers-asbestos-problem/

https://www.abqjournal.com/news/local/gateway-center-construction-hits-asbestos-snag/article_4ad152b3-2947-51c1-8dbe-ea04a58d3568.html

COMMENTARY AND ANALYSIS

The approval process and the remodeling for the Gateway Shelter can be described as road of good intentions paved with ineptness and at times incompetency by Mayor Tim Keller and his administration.  There are 3 specific causes that placed the project on the road to unnecessary delays:

The first cause that contributed to the delays was the  actual selection and purchase of the massive 572,000 square-foot Gibson Medical Center complex, formerly the Lovelace Hospital for $15 million in order to convert it into a 24-7 homeless shelter.  The massive complex purchased has a 201-bed capacity, numerous physician offices, treatment and operating rooms, administration offices, a large lobby area as well as 250-to-300-person auditorium.

The city implemented a site selection process that originally identified 3 appropriate sites. On February 27, 2020 the City of Albuquerque released a report and analysis announcing the top 3 preferred locations. The 3 locations were:

1. University of New Mexico (UNM) land next to the state laboratory, near Interstate 25 and Camino de Salud
2.  Coronado Park at 3rd Street and Interstate 40
3. The former Lovelace hospital on Gibson

The UNM property was Keller’s first preferred choice and Keller took it upon himself to do a press conference to promote his selection and pressure the UNM regents to allow it.  When UNM balked at the idea, Keller quickly move to purchase the Gibson Medical Center.

Keller failed to even try to get input from the surrounding neighborhoods nor did he attempt to reach a consensus with them and major protests occurred. Mayor Tim Keller was perceived as mishandling the site selection process for the shelter, especially with his shaming, guilt trip press conference to force UNM’s hand, and his failing to build true consensus on what the city should do and where the shelter should go.

The second cause that that contributed to the delays is the fact that Mayor Keller and his administration ostensibly did not know and did not do due diligence to determine if the Gibson Medical facility had the proper zoning to allow a 24-7 overnight shelter. The commercial property was purchased “as is”. What Keller and company found out only after the purchase was that the facility and the area was zoned for a hospital and that a conditional use for a 24-7 overnight shelter was required under the city’s zoning laws known as the Integrated Development ordinance.  Rather than taking steps to rely on the existing zoning as a hospital  and use the facility as a mental health treatment and substance abuse hospital facility for the homeless, the building sat vacant as to city usage.

The third cause that contributed to the delays was the discovery of asbestos on the property that required remediation. It was a sign of sure incompetence that the city Planning Department, the Municipal Development Department or the Environmental Health Department did not realize that in the 1950s, when the original Lovelace Hospital was built, asbestos was commonly used in building materials like insulation, ceiling tiles, and flooring. What is  very disturbing is that the Occupational Health and Safety Bureau (OHSB) initiated an investigation after receiving complaints that allege “No inspection or testing was done prior to demolition work” and the city covered it up.

On April 21, the city announced that the asbestos abatement had been completed. That may be true for the area that is being remodeled for the new Gateway service, but that area is a fraction of the massive 572,000 square-foot complex.  It is highly likely that the rest of the complex is riddle with asbestos and any future remodeling will require asbestos remediation jacking up the costs. In otherwards, Keller had the city buy a money pit of endless expenditures needed for asbestos remediation.

NAIOP INFLUENCE OVER MAYOR TIM KELLER

It was no accident that Mayor Tim Keller made his announcement of the delays in opening the Gateway Shelter to NAIOP.  Keller’s very first State of the City address in 2018 occurred before NAIOP.  Such appearances before NAIOP are regularly scheduled by Keller to allow him to give reports and briefings on city business to an influential business group that ostensibly he favors and he relies upon for political support.  Each time Keller appears before NAIOP the press reports it and Keller makes the news. A good example was last year in August when Keller announced the closure of Coronado Park as the de facto city sanctioned homeless encampment.

NAIOP is considered by politicos as the most influential business and political organizations in the city. It boasts membership of over 300 developers, contractors and investors and it has regular luncheon meetings that are well attended with speakers and even sponsors candidate debates.  It has its own Political Action Committee (PAC) for lobbying and supports candidates for office by making endorsements and contributing to races for city council and Mayor. NAIOP opposes project labor agreements requiring payment of prevailing union wages on city construction contracts as well as advocates for right to work laws in the state.  Its membership is known to bid on and are awarded city construction contracts.

NAIOP membership consistently opposes, complains and lobbies to change city zoning laws arguing they are too burdensome and interfere with development.  Most recently, NAIOP endorsed and lobbied heavily for enactment of Keller’s ABQ Housing Forward plan and major amendments to the Integrated Development ordinance that now allows casita development in 68% of the city that favors developers and investors over neighborhoods.  The Keller Administration also pushed for changes to the zoning laws that reduce or eliminate property owners right of appeal and require input on developments.  Simply put, Mayor Tim Keller and  NAIOP have a relationship of politically scratching each other’s back.

FINAL COMMENTARY

There is little to no doubt that all the delays in completing the Gateway 24-7 homeless shelter fall squarely on the shoulders of Mayor Tim Keller and the way he and his administration have handled the project. One thing that always motivates politicians looking for public approval and financial support is an election year.

The next municipal election for Mayor is two years from now in November 2025.  Keller is already making it known to many on his staff and financial supporters he intends to seek a third term. It’s no accident that Keller told NAIOP on July 25, 2023:

“My goal is, in the next two years to have all those phases open. It’s gonna be a heavy lift, but we have to do this for Albuquerque”.

What Keller was really saying is he has to get the Gateway Homeless Shelter done for his reelection before anyone can accuse him a failing to deliver on his promise to build a homeless shelter.

On Sunday, August 6, the Albuquerque Journal published the below 500 word Pete Dinelli guest column:

HEADLINE: Casita zoning amendments favor developers over neighborhoods in city

BY PETE DINELLI,  ALBUQUERQUE RESIDENT

“On July 6, Mayor Tim Keller signed into law the zoning amendments that embody his Housing Forward ABQ plan. It will allow 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 who agree to rent their casitas to those who use Section 8 housing vouchers.

The city providing pre-approved casita designs gives preferential treatment over those that diligently followed the application process, incurring substantial expenses. Providing pre-approved casita designs steps over the line of being a code enforcement and the approval agency to one of providing architectural plan designs where the city taxpayer absorbs the architectural costs for the private property developer.

A program where the city loans building costs to property owners that agree to rent their casitas to Section 8 housing voucher users likely violates the state (Constitution’s) anti-donation clause that bars public government entities from donating to corporations and individuals. It presumes the city has the financial resources to offer low-interest loans to the private sector when the city’s responsibility is funding essential services.

The city is not a loan institution for collections on high-risk loan defaults for casita development. It amounts to the city going into home improvement loan business when it is responsible for construction code enforcement and permitting.

The reclassification zoning of all R-1 single-family lots to allow for casita development will not solve the city’s low-income housing shortage. It will result in large private investors and real estate developers buying up distressed properties to lease and convert whole blocks into casita rental areas. This has happened in the south area of the UNM, degrading the character of neighborhoods.

People buy their most important asset, their home, with the expectation they can trust the city not to change substantially the density, quality and appearance of their neighborhood. People buy single detached homes wanting to live in low-density neighborhoods, not high-density areas that will reduce their quality of life and the peaceful use and enjoyment of their homes and families.

What happened with the enactment of Keller’s Housing Forward ABQ plan was a breach of trust between homeowners, property owners and the city and its elected officials who put “profits over people” to benefit the development community. The short-term housing “crunch” was used to declare a “housing crisis” to shove Keller’s Housing Forward ABQ plan down the throats of city property owners.

Progressive Democrat Mayor Keller gave a wink and a nod to the business and development community with his Housing Forward ABQ plan that favors developers over neighborhoods.”

Pete Dinelli is a former Albuquerque city councilor and former chief public safety officer for the city. He writes a blog at: www.PeteDinelli.com

On August 1 for the third time in a matter of 4 months former President Donald Trump was indicted  by a federal grand jury on charges stemming from his efforts to remain in power after he lost the 2020 presidential election. According to the indictment Trump faces four charges:

1. Conspiracy to defraud the United States;
2. Conspiracy to obstruct an official proceeding;
3. Obstruction of and attempt to obstruct an official proceeding;
4. Conspiracy against rights [to vote]

Special Council Jack Smith  in announcing the charges, called what happened on January 6, 2021 an “unprecedented assault” on democracy. Smith said “It was fueled by lies: Lies by the defendant targeted at obstructing a bedrock function of the U.S. government — the nation’s process of collecting, counting and certifying the results of the presidential election.”

Special Council Smith’s probe focused on the attempts to thwart the peaceful  transfer of power after the November 2020 presidential election or interfere with the certification of Electoral College votes on January 6. The joint session of Congress to certify the election was disrupted when a mob of Trump’s supporters breached the United States Capitol abuilding marking one of the darkest days in this country’s history.

INDICTMENT ALLEGATIONS

The indictment alleges that despite having lost, Trump  “was determined to remain in power.” Over two months after the election, the indictment alleges Trump “spread lies that there had been outcome-determinative fraud in the election and that he had actually won. … These claims were false, and the defendant knew they were false [but Trump] repeated and widely disseminated them anyway.” The indictment says that despite losing the election Trump “was determined to remain in power.”  The indictment alleges that over two months after the election, Trump “spread lies that there had been outcome-determinative fraud in the election and that he had actually won [and] these claims were false, and the defendant knew they were false [but he]repeated and widely disseminated them anyway.”

UNINDICTED CO-CONSPIRATORS AND CONDUCT

The indictment alleges that there are 6 unnamed co-conspirators who were “enlisted” to assist Trump in “his criminal efforts to overturn” the election “and retain power.”

According to the indictment Trump and his co-conspirators allegedly “pushed officials to ignore the popular vote [and] organized fraudulent slates of electors”  in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin and  “knowingly [made] false claims of election fraud” and organized “fraudulent slates of electors” in the 7 states.

The indictment alleges Trump and his co-conspirators attempted to use the power of the Justice Department to conduct “sham election crime investigation”. The indictment also alleges they attempted to enlist then-Vice President Mike Pence to use his ceremonial role  in affirming the electoral vote count on January 6 to “fraudulently alter the election results.” The indictment also alleges Trump repeatedly pressured Pence to fraudulently reject or return Mr. Biden’s electoral votes.

The indictment alleges that “from about November 14, 2020  through Inauguration Day Jan. 20, 2021, in Washington, D.C., and elsewhere … Trump, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the grand jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States — that is, the right to vote, and to have one’s vote counted.” 

The indictment makes it clear that then Vice President Pence is a key witness in the case. For the first time it was revealed that Pence took extensive, contemporaneous notes which will lend significantly to his credibility as a witness testifying on the stand.

The indictment states in part:

“After it became public on the afternoon of January 6 that the vice president would not fraudulently alter the election results, a large and angry crowd — including many individuals whom the defendant had deceived into believing the vice president could and might change the election results — violently attacked the Capitol and halted the proceeding.”

The indictment gives a detail account of what happened on January 6 and alleges Trump watched the violence unfolding on television, and ignored pleas to unequivocally condemn the violence.  The grand jury did not indict Trump on any specific charges related to inciting an insurrection. The Department of Justice has accused more than 1,000 peopleof violating the law with their actions on January 6. However the charges against Trump mark the first federal prosecution concerning the multiple ways Trump and his allies allegedly attempted to keep him in office despite losing the election.

The link to read the full 49 page federal indictment is here:

Click to access trump-indictment.pdf

TRUMP AND PENCE REACTION TO INDICTMENT

The Trump campaign said in a statement that the indictment was “the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election.”  Trump’s campaign questioned why it took “two and a half years” to bring the charges, during the presidential campaign. It also claimed that Trump “always followed the law… with advice from many highly accomplished attorneys.”

Pence released a statement saying:  “Today’s indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States … The former president is entitled to the presumption of innocence but with this indictment, his candidacy means more talk about January 6th and more distractions.”

Links to quoted news sources are here:

https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-debb59bb7a4d9f93f7e2dace01feccdc

https://www.cbsnews.com/news/trump-indicted-grand-jury-jan-6/sp

OTHER  INDICTMENTS

The indictment against Trump is the second sought by Smith in recent weeks. Trump  is facing 37 federal felony counts related to his alleged mishandling of sensitive government documents retrieved from his South Florida residence, Mar-a-Lago, after he left the White House. Trump pleaded not guilty to all charges, which include conspiracy, obstruction and willfully retaining national defense information.

In addition to the two federal prosecutions, a Manhattan grand jury has  indicted Trump  on 34 felony counts related to alleged hush-money payments made to adult film star Story Daniels before the 2016 presidential election.  The trial in that case is scheduled to begin in March. New York’s attorney general has brought a separate civil case against Trump and the Trump company’s  with a trial set to begin in October.

Trump is also facing possible charges from the Fulton County, Georgia, prosecutor who has been investigating efforts to reverse the outcome of the presidential election in the state.

STATMENT BY SPECIAL COUNSEL

On August 1 after release of the indictment, Special Counsel Jack Smith held press conference to read a statement and he took no questions. The statement read in part:

“… Today, an indictment was unsealed charging Donald J. Trump with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The indictment was issued by a grand jury of citizens here in the District of Columbia and sets forth the crimes charged in detail. I encourage everyone to read it in full.

The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the U.S. government, the nation’s process of collecting, counting, and certifying the results of the presidential election.

The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States.

Since the attack on our Capitol, the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case is brought consistent with that commitment, and our investigation of other individuals continues.

In this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. In the meantime, I must emphasize that the indictment is only an allegation and that the defendant must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”

… “

The link to read the full statement is here:

https://www.justice.gov/sco-smith/speech/special-counsel-jack-smith-delivers-statement-0

TRUMP ARRAIGNED

On August 3, former President Donald Trump turned himself in and appeared in a federal courtroom  for his arraignment  on the 4  felony charges accusing him of trying to overturn the 2020 election results, pleading not guilty in the latest case brought by special counsel Jack Smith. Before he was arraigned, he was fingerprinted but no mug shot was taken in that it was deemed unnecessary by the federal marshal given the fact he is one of the most photographed persons in the world.

The arraignment got underway shortly after 4 p.m. and Trump stood to be sworn in, stating his name and age as being 77. Judge Moxila Upadhyaya formally read the charges and reminded him of his rights. He said he understood, and entered his plea of “not guilty.”  Special Counsel Jack Smith was present for the hearing and it was  the second time he and Trump have come face to face in a federal courtroom.

The judge agreed to release Trump under the conditions that he not violate federal law and appear in court when required. He is also barred from discussing the facts of the case with any potential witnesses, except through attorneys. The arraignment lasted about a half an hour. The next hearing is set for August 28 before federal judge Tanya Chutkan, an  Obama appointee who was randomly chosen to preside over Trump’s newest case and who has handled a number of the cases brought against those involved with the January 6 insurrection.

After the arraignment, and at the airport before he departed, Trump spoke briefly to reporters on the tarmac. He reiterated much of what he has said for months  insisting President Biden and his allies are trying to damage him politically. Trump said this:

“A very sad day for America. … And it was also very sad driving through Washington, D.C., and seeing the filth and the decay and all of the broken buildings and walls and the graffiti. This is not the place that I love. It’s a very sad thing to see. … When you look at what’s happening, this is a persecution of a political opponent. … This was never supposed to happen in America. This is the persecution of the person that’s leading by very, very substantial numbers in the Republican primary and leading Biden by a lot. So if you can’t beat him, you persecute him or you prosecute him. We can’t let this happen in America. Thank you very much.”

https://www.cbsnews.com/live-updates/trump-arraignment-indictment-charges-federal-court-washington/

COMMENTARY AND ANALYSIS

Anyone who has any concern for our democracy, needs to read the indictment to understand the scope and the gravity of the crimes he is charged with. What is  truly shocking is the breath taking and overwhelming amount  of the evidence presented against Trump in the indictment itself and the lengths he and others went to stop the peaceful transition of power and to essentially overthrow our government.

What is truly disgusting is the extent the Republican Party and its leadership continue to support Trump refusing to accept he is a danger to our national security and to our democracy.  From all the polls, Trump is the clear front runner for the Republican nomination.  His opponents  flail around unable to break the strangle hold over the Republican Party which has essentially become his cult.

The sooner Trump is tried, convicted and sentence to jail for the crimes he has committed, the better.  It will show that no one is above the law and Trump will finally be brought to the justice he so richly deserves.

The link to a related blog article is here:

Read the Trump Federal Indictment “to understand the scope and the gravity of the crimes charged.”

“See them tumbling down
Pledging their love to the ground
Lonely but free I’ll be found
Drifting along with the tumbling tumbleweeds

Cares of the past are behind
Nowhere to go, but I’ll find
Just where the trail will wind
Drifting along with the tumbling tumbleweeds”

Lyrics to song by Sons of the Pioneers, Songwriters: Bob Nolan,  Tumbling Tumbleweeds lyrics © Williamson Music, Inc.

RAIL TRAIL PLANS ANNOUNCED

On July 22, with great fanfare, Mayor Tim Keller was joined by world-renowned architect Antoine Predock at the Neon Park Museum to announce  plans  for the Albuquerque Rail Trail project. The Rail Trail project  is a 7- to 8-mile multi-use pedestrian and bike trail circling downtown that will connect key destinations in the downtown area.  The City has 400 miles of bike trails and paths that run along the bosque arroyos and city streets. The trail will give residents and visitors a trip through Albuquerque’s history. Riders and pedestrians can stop at certain points, scan a QR code and learn more about what they are seeing.

It was in June 2014 that the City Council voted unanimously to adopt the Rail Yards Master Plan.  The Rail Trail  was first announced by Mayor Tim Keller in 2021. According to the Keller Administration it will encourage economic development, healthy recreation, and cultural expression.

 Predock and his team are spearheading the design of the City project, creating a “modern and artistic” pedestrian parkway that according to city officials reflects the culture and history of the city. The intent is to highlight the history of the railroad and Route 66.

RAIL TRAIL PROJECT DESIGN

World renowned Architect Antoine Predock is designing the Rail Trail Project.   Predock has lived Albuquerque for decades. He is one of the top living architects in the world who lives in Albuquerque. Predock designed the Rio Grande Nature Center and the La Luz community, which was Predock’s first solo architecture project.  Predock is known internationally with his architecture firm having an office in Taipei.  His fingerprint as an Albuquerque based architect can be seen throughout New Mexico.

The Rail Trail is located along the existing railroad corridor in the heart of Albuquerque. It travels past the Alvarado Transportation Center, crosses the historic Route 66, and the historic alignment of El Camino Real De Tierra Adentro. The historic communities of Barelas, South Broadway, and Martineztown are located adjacent to the corridor. The trail also connects a number of community assets, both public and private.

Click to access part-i-rail-trail-executive-summary.pdf

The Rail Trail will consist of 11 major sections all in the Downtown area from the Rail Yards to the Sawmill District, Old Town, Tingley Beach, the Barela’s neighborhood, and back around in a 8-mile loop. The trail will show major attractions like scenic stops along the Rio Grande, tourist spots, and a unique raised trail area with a plaza beneath for shops and food vendors over by the convention center. It will also have a redone underpass with lighting at Central and 1st highlighting the Historic Route 66.

City officials say the multi-level structure will include space for food trucks, vendors and other events on the ground. An elevated path will also give people views of the Sandia mountains in the distance.  Two plazas — Enchantment Plaza and Iron Horse Plaza — will be incorporated into the trail.

Other features include a tree-like, geometric structure wrapping over the bike path, which will be rooted in spaces that could be used for retail or other purposes. Collages, representing the history of the areas the path crosses, will be embedded into the street. Green space is also a priority. The city is currently in the process of acquiring properties around the area to use as green space on the trail, including one at Marquette and Commercial.  As for safety along the trail,  city officials  said they are working to have the trail fully lit with street lights and security officers.

“AURAS” AND PLAZITAS, OH MY

The project has been described by city officials as “fanciful” and “cosmic”. Throughout the length of the 8 mile trail there will be distinct “zones”. Project Architect Antoine Predock describes these zones as “auras.” Each aura celebrates the culture and history of that area. The auras contain “plazitas” along the path that serve as access points and gathering spots for activity and community. Each plazita will have a digital explanation of the zone featuring music, people, foods, and the broader “story of us.”

Predock identifies the following auras along the trail:

• Rio: The Rio Grande sustains life in Albuquerque and draws people for agriculture, recreation, and ritual. The Rail Trail loop connects to the Bosque Trail, taking people to the river.
• Origins / Albuquerque: Old Town is the historic heart of Spanish Colonial Albuquerque and a destination for locals and tourists.
• Tiguex: The Tiguex people originally inhabited this land. This zone honors the first people to live here and recognizes that their descendants are still here and contribute to the vibrancy of our present and future.
• Sawmill: The lumber yards were an important industry in our city. Neighborhoods grew around the sawmills to sustain the people who worked there.
• Enchantment / Enchantment Plaza: From this zone, you will be able to see the Sandias to the east, volcanos to west, and the enchantment of the sky and land everywhere you look. It is a celebration of the landscape that inspires all who see it.
• Industry: Factories and warehouses clustered along this area for ease of shipping dry goods and heavy materials. Family run businesses still fuel commerce in the zone.
• 66: The Mother Road brought people to and through Albuquerque in the automobile. Albuquerque continued to be a crossroads for travel and commerce with Route 66.
• Iron Horse: The arrival of the rail and trains transformed Albuquerque. The Rail Yards were once an economic powerhouse during industrialization. This area continues to be the hub for moving people and goods by train through the city.
• Barelas: Barelas is one of the oldest neighborhoods that grew as a result of the railroad coming to Albuquerque. Barelas maintains many traditional ways and fortitude of the families that built this community.
• Umbral: Umbral is the Spanish word for threshold. This place is the original crossing of the Rio Grande and the entry point for the Camino Real.

25-FOOT NEON TUMBLEWEED

Project Architect Antoine Predock places what he and Mayor Keller  believe is an iconic Albuquerque image front and center: the tumbleweed. Predock envisions a giant, electric tumbleweed that will be a key feature of the Rail Trail. Predock proclaims the image of a tumbleweed rolling down the road is part of every resident’s experience and is enshrined in pop culture.

The new Rail Trail is expected to pass right through a neon tumbleweed, and a new “Enchantment Plaza” near the Big-I.  Mayor Tim Keller became downright giddy with excitement with a grin on his face and a smile in his voice during the July 22 presentation as he talked about the 25-foot neon tumbleweed.  Keller said this:

 “When this happens, no one will think of Albuquerque without the neon tumbleweed at the intersection of Route 66 and the railroad.”

INITIAL PROJECTED COST ESTIMATES

The total projected cost is $80 Million. The project is roughly half funded and with the city almost ready to break ground on it.  So far, the city has set aside $40 million for the project and is ready to break ground as the remaining funding is secured.

Funding for the Rail Trail Loop includes $15 Million from the City, $10 million from the State of New Mexico, and $11.5 million  from the Federal RAISE Grant, totaling $36.5M for the full loop.  Money from bonds that voters are expected to vote on in November’s city election could also be used for the project.

The Albuquerque Rail Trail Framework Plan outlines that the project will be built in 6 segments. The Framework plan outlines the probable construction costs of each phase of the project.

Phase 1a is the Marquette Crossing with a cost of $2,000,000.

Phase 1b is the Lomas – Tijeras  phase with a cost of $3,898,018.

Phase 2 is the Tijeras – Central Ave portion of the trail costing $1,988,000.

Phase 3 is Tijeras Access + 1ST Street to Central Ave portion of the trail costing  $2,424,000.

Phase 4 is the Alvarado Station portion of the trail costing  $990,000.

Phase 5 is the 1ST Street – Gold Ave to Coal Ave portion of the trail costing  $2,371,000.

Phase 6 is the  1ST Street – Coal Ave to Rail Yards portion of the trail costing $2,580,000 .

Total cost for all 6  phases is $16,251,018

See Albuquerque Rail Trail Framework Plan, Page 30.

https://www.cabq.gov/mra/documents/part-i-rail-trail-executive-summary.pdf

The Albuquerque Rail Trail Framework Plan outlines funding Sources:

City Transportation Funds (committed): $3,000,000

City Lodgers Tax (committed): $2,000,000

State Legislative Request: $5,000,000

Federal Infrastructure Grant: $5,239,000

Total available funding: $15,239,000

See Albuquerque Rail Trail Framework Plan, Page 30

https://www.cabq.gov/mra/documents/part-i-rail-trail-executive-summary.pdf

City officials said they hope to break ground by this fall  and have some elements open to the public by late 2024.  City officials predict the full trail could be completed by 2027. The final cost of the project is projected to be $80 Million. Currently, the city has raised $39 million to fund the construction.

Project Architect Antoine Predock had this to say:

“Beginning with Enchantment Plaza and culminating with that auspicious American crossroads moment at Central Crossing where US Route 66 was joined by the railroad, the Rail Trail reveals layers of the Land of Enchantment. … The intense polychrome graphics on the trail’s surface at each stop along the eight-mile circle tell the story of the neighborhoods, and of Albuquerque, summing up the Land of Enchantment.”

It is at the Central Avenue crossing where US Route 66 is joined by the railroad tracks that Project Architect Antoine Predock wants the city to erect his 25 foot neon tumbleweed.

The Rail Trail has been a major goal of Albuquerque Mayor Tim Keller’s administration.  According to Mayor Keller, it  will transform our downtown neighborhoods and elevate the way we experience the city.  At the unveiling,  Keller said he expects the project will become as much of a landmark as the BioPark or the Sandia Peak Tramway. Keller said this:

 “This is the pedestrian parkway. It’s meant for recreation. It’s meant for transit. It’s meant for families coming together. It’s meant reuniting neighborhoods that have historically been divided. … This is probably the largest public works undertaking since we literally built the zoo and the tram. … When we pull this off, almost every New Mexican will know about the Rail Trail and will have experiences with it … And, most importantly, be a place that brings us together and unites us. … The Rail Trail will be a defining project for our City and a landmark for future generations. … We’re grateful to the team of architects, and community members, who believe in this vision. Together, we are creating a special place for residents, visitors and families to cherish and enjoy.”

Metropolitan Redevelopment Agency Director Terry Brunner had this to say:

“What we’ve learned from a lot of other cities is when they’re able to rehab their downtowns with a major tourism or amenity or attraction, it really helps drive downtown improvements. … We’re excited to start hopefully with a central crossing which will be an at grade crossing with ramps at Central to eliminate the dangerous underpass that we have for pedestrians. … Potentially Sawmill or that length from Rail Yards all the way up to Lomas [will]  probably [be] our first sections. … This project honors Albuquerque’s cultural history while also laying the ground work for its future. … The Rail Trail is an investment that will connect our communities and activate the heart of our city. I tend to think it’s one of the biggest projects that Albuquerque will have had in the last 100 years.”

ONE PERSONS ART VIEWED AS WASTED TAXPAYER  MONEY

The entire Albuquerque Rail Trail project has more than a few major critics, especially when it comes to the $80 Million dollar price tag and the extra features that will driving up the cost.

Paul Gessing  of the taxpayer watch group Rio Grande Foundation said the cost breakdown is too much. Guessing said this:

“It strikes me as over the top for a bike trail. … Over $10 million per mile is a lot of money for a bike trail. And there’s art, some kind of tumbleweed design, and Antoine Predock, a well-known architect and designer.”

RAIL TRAIL STEERING COMMITTEE: FRIENDS OF THE RAIL TRAIL

The Rail Trail project has a steering committee known as the Friends of the Rail Trail. It is a 14 person committee appointed by the Mayor. Ostensibly the steering committee was involved with the overall project, selection of the architect and final approval of the plans. The members of the steering committee are:

Mayling Armijo, Bernalillo County Economic Development Director

Dale Armstrong, Property Owner

Lola Bird, Downtown Mainstreet

Dennis Gromelski, FUSION

Ed Garcia, Property Owner

Seth Gardenswartz, Property Owner

Johanna Gillian, Homewise

Maria Griego-Raby, Contract Associates

Frank Martinez, Citizens Information Committee of Martineztown

Tim Nisly, Barelas Community Coalition

Jay Rembe, Property Owner

Sgt. Matthew Tinney, Downtown Public Safety District

Laura Trujillo, Valley Area Command Crime Prevention

Kelly Ward, Innovate ABQ

The listing of the Rail Trail steering committee can be found at the end of this link:

https://www.cabq.gov/mra/rail-trail

Links to quoted news sources are here:

https://www.kob.com/new-mexico/city-leaders-unveil-plans-for-rail-trail-project-in-albuquerque/

https://www.krqe.com/news/albuquerque-metro/new-rendering-announced-for-albuquerque-rail-trail-project/

https://www.koat.com/article/albuquerques-dollar80-million-bike-project-some-say-it-cost-too-much/44655154

https://www.abqjournal.com/news/city-of-albuquerque-unveils-designs-for-rail-trail-which-includes-a-25-foot-neon-tumbleweed/article_db3ac628-299b-11ee-9dd1-1bf24988c47d.html

City links to information on Rail Trail:

https://www.cabq.gov/mra/rail-trail

https://www.cabq.gov/mra/news/albuquerque-rail-trail-a-vision-unveiled

https://www.cabq.gov/council/projects/current-projects/albuquerque-rail-yards-redevelopment

For more information on the Albuquerque Rail Trail, visit cabq.gov/railtrail.

COMMENTARY AND ANALYIS

By any measure, spending $80 Million dollars on an 8 mile bike trail and pedestrian walkway is a difficult sell to the general public which is the likely reason Mayor Tim Keller and his administration conveniently did not put it on the ballot for voter approval, especially when it comes to a legacy project the Rail Trail represents to Keller. Calling an $80 million bike trail and pedestrian walkway “one of the biggest projects that Albuquerque will have had in the last 100 years” and saying “this is probably the largest public works undertaking since we literally built the zoo and the tram” that will transform the city is laughable and typical of the Keller Public Relations Team and his city hall insiders.   Keller and company forget the $125 Million ART bus project Keller completed down the middle of central that has destroyed Route 66 as well as the urban renewal of the1970’s that essentially gutted downtown to its detriment.

POLICE PRESENCE WILL BE CRITICAL FOR USE

Keller’s dream trail could easily become a trail of nightmares. Safety along the trail will be critical to its use.  City officials said they are working to have the trail fully lit with street lights and security officers. Given the openness and length of the trail, the entire length of the trail will likely become a magnet for crime. It’s not at all hard to envision panhandling, drug dealing, prostitution solicitation, pick pocketing and purse snatching, shop lifting at the merchandise vendor stations and the homeless camping at the various locations. At a minimum there will be the need for police to patrol the entire length of the trail and to have it closed down at night like a city park and to prevent illegal camping.

RAIL TRAIL STEERING COMMITEE

The city is currently in the process of acquiring properties around the rail trail to use as green space on the trail, including one at Marquette and Commercial. When you look at the 14 members Rail Trail Steering Committee what are found are a number of big name property owners and developers with very little representation of people actually living in the areas of the city that will be affected by the project. One unanswered question is to what extent will the members of the steering committee benefit from the project or if the are selling property to the city for the project?

THAT 25-FOOT NEON TUMBLEWEED

Spending thousands of dollars on a 25-foot neon tumbleweed at the intersection of Route 66 and the railroad as a symbol for a City falls squarely into the category of “What the hell are they thinking?”  Frankly, the use of a 24 foot neon tumbleweed is embarrassing for a city known for its Sandia vistas, the International Balloon Fiesta, Route 66, its history and diversity.

A tumbleweed conjures up images of windswept dust and desolation.  It conjures up the images of Albuquerque being nothing more than a dusty and dying little town in New Mexico as tumbleweeds, dirt and debris are swept by the winds through the vacant streets of a once vibrant community.

There are so many other symbols that could be and are reflection of the city as a whole and that can  even be whimsical at times. Those images include chile ristras, luminarias, images of the tramway, hot air balloons during a  balloon glow, a vintage train, a vintage convertible driving down Route 66, images of a cowboy riding a bronco or a buffalo soldier, mariachis playing with dancers, Indian jewelry, pottery and tribal dancers, an adobe pueblo oven (horno), hand-carved and painted wooden santos, bultos, retablos, and crosses and carvings.  The comedy and tragedy masks could be used as a symbol of the city’s emerging film production industry, especially at the rail yards where CNM is building a film school. Whimsical images of  a “big enchilada”,  tamales and tacos and even Bugs Bunny saying “I should have taken a left at Albuquerque” or even Homer Simpson and the Isotopes could be used.

The 25-foot neon tumbleweed is one piece of artwork  that needs to be scraped as not a fitting symbol of the city.

On June 7, New Mexico State Representative Christine Trujillo announced her  resignation from the New Mexico House of Representatives effective July 1. It is now the responsibility of the Bernalillo County Commission to appoint her replacement to complete the remainder of her term.  The replacement will serve the rest of the term ending on December 31, 2024. Whoever is appointed will have to stand for election to a full 2 year term in 2024. The winner of the November 2024 election will then serve a full term starting January 1, 2024.  The district straddles central I-40, mainly in the Northeast Heights, including neighborhoods between Carlisle and Louisiana in Bernalillo County.

COUNTY COMMISSION ANNOUNCES MEETING

On June 30, 2023 the Bernalillo County Commission announced it was accepting applications from individuals interested in filling the vacancy and applicants had until Friday, July 28, 2023, at noon.

The Bernalillo County  Commission announced it will appoint a replacement from the  list of applied candidates at their Friday, August 11 meeting at 10 am. The meeting will take place in the Ken Sanchez Commission Chambers at BernCo @ Alvarado Square, 415 Silver Ave SW. 

https://www.bernco.gov/blog/2023/06/30/bernco-commission-seeks-applications-to-fill-new-mexico-house-district-25-seat/

The Bernalillo County Commission website reports that seven candidates have applied to fill the vacncancy.  The 7 seven applicants are:

• Cristina Parajón (D)
• Robert Padilla (D)
• Sofia Sanchez (D)
• Brian A. Thomas (D)
• Andres P. Valdez (D)
• Derek James Villaneuva (D)
• Denis Litvinenko (R)

You can review each applicants letter of application and resume by clicking on each of the candidate names above.

DEMOCRATIC PARTY WARD AND PRECINCT CANDIDATE FORUM

After the forum, the Democratic Party of Bernalillo County (DPBC) will facilitate an online election for registered Democrats living in HD25. The election will be ranked-choice, with voters able to rank all the candidates according to their preferences. If you’re a registered Democrat residing in HD25, you can  register here to receive a ballot.

The election is non-binding. The Bernalillo County Board of Commissioners is ultimately responsible for appointing a candidate to fill the open seat with the goal of the election to provide the County Commission with a recommendation of a preferred candidate.  DPBC will send out ballots on Friday, August 4. Voters have until 6:00 pm on Sunday, August 6 to cast their ballot.

The Candidate Forum will be held at AFT New Mexico (530 Jefferson St. NE) on Wednesday, August 2, 2023, at 6:00 pm. Doors will open at 5:30, with the proceedings beginning at 6:00 pm.

Anyone is welcome to attend the candidate forum, but only registered Democrats living in HD25 will be allowed to take part in a vote that will recommend to the County Commission who should be appointed.

Each candidate will give a 2 minute opening statement and a  2 minute closing statement. Each candidate will have 1 minute to answer each question. The order in which candidates will be asked a question will be rotated so that no candidate will be asked the question first each time.

The vote is a non-binding election that establishes a preferred candidate. Democrat voters will rank the candidates according to their preferences. The Democratic Party of Bernalillo County (DPBC)  will then deliver the full voting results to the Bernalillo County Commissioners.  The final results are strictly a recommendation and in no way is binding upon the Bernalillo County Commission.

Only Democrats in House District 25 can register to attend and vote. While attendance is not required to vote, it is highly encouraged.  DPBC will tally the votes on Monday, August 2, and deliver the results to the Board of Commissioners the next day.

COMMENTARY AND ANALYSIS

The current makeup of the current Bernalillo County Commission is as follows:

District 1: Progressive Democrat Barbara Baca, Commission Chair

District 2:  Moderate Democrat Steven Michael Quezada

District 3: Progressive Democrat Adriann Barboa

Disrtrict 4:  Conservative Republican Walt Benson 

District 5: Progressive Democrat Eric Olivas

The legal and constitutional process of filling vacancies in the New Mexico legislature caused by  the early departure of a legislator has always rested with the County Commission where the legislators district is located.  On paper, it is pretty straight forward process.  There are 5 county commissioners and the applicant who  secures a 3 vote majority wins, period, end of discussion.

EDITOR’S NOTE: In the interest of full disclosure, Pete Dinelli intended to apply for the vacancy but decided against it preferring to continue with retirement and publication of www.PeteDinelli.com as a Democrat activist and having other priorities in life without political drama.

In practice, the process of filling a legislative vacancy is always a very messy process, especially when there are philosophical rifts within the same party that has the majority of the votes on the commission. Such is the current makeup of the Bernalillo County Commission which is comprised of 4 Democrats and 1 Republican.

There currently exists a politcal  rift  between the 3 Progressive Democrats of Barbara Baca, Adriane Barboa and Eric Olivas who have the majority over Moderate Democrat Stephen Michael Quesada and Conservative Republican Walt Benson.  It will be the progressive majority of Commissioners Baca, Barboa and Olivas who will decide to fill the vacancy giving very little or no consideration to what is said by the other two commissioners. Sadly, such is the reality of politics.

Sources have confirmed that the reason why there will be a candidate forum on August 2 held by the Bernalillo County Democratic Party  is because of just how messy and divisive the last appointment was.  Many Democratic party officials’ believe there is a need for the party to be involved with the selection process and to at least voice their opinions and not give exclusive authority to appoint to 3 elected officials who hold the majority on the County Commission.

It was on November 16 that longtime Westside Albuquerque Rep. Antonio “Moe” Maestas was appointed by the County Commission to serve the remaining 2 years in the New Mexico Senate caused by the resignation of Senator Jacob Candelaria on October 19.  Maestas, who represented a Westside seat for 16 years, immediately announced his interest in Candelaria’s seat, and Candelaria threw his support behind him.  Two county commissioners immediately raised concerns about Maestas and whether Candelaria’s seat should be filled before others had a chance to apply for the seat. The November 16 County Commission meeting making the Maestas appointment degenerated into a verbal slug fest of false accusations, innuendos and slurs with one commissioner even  calling another commissioner a “bitch”.

It has been confirmed by sources that the desires of the county commissioners whose district the vacancy falls within, which in this case is both Baroboa and Olivas, will be given greater consideration and relied upon. It’s called politics with a touch of retaliation thrown in for good measure sending the message as to who is in charge now that Commissioners Debbie O’malley and Charlene Pyskoty are gone and that the 3 like minded progressives have majority control of the commission.

The blunt truth is that the August 2 forum to be held by the Bernalillo County Democratic Party is strictly advisory.  The individual County Commissioners can and will vote for whoever they want regardless of recommendation made by the party.

Three  or more of the 5 county commissioners are strictly prohibited by law from attending the August 2 Democrat forum together all at once because it would constitute a quorum and be in violation of New Mexico’s Open meetings act. Notwithstanding, confidential sources are saying that at least 2 County Commissioners are planning on attending the meeting.

County Commissioners should not attend the August 2 candidate forum and there are very good reasons for that. If any county commissioner does attend, their presence means that they will be lobbied by the candidates themselves or the Democrats attending who will want to know how the commissioner intends to vote. It’s more likely than not they will be asked if they are endorsing anyone.  Those who  attending commissioners say they will vote for and any discussions of applicant’s qualification should be a matter of public record and of conducting interviews of the applicants at an open commission meeting.

It is highly commendable that House District 25 Democrat Ward and Precinct leadership of Wards 25A, 25B, 25C, and 25D are  holding  a moderated, in-person candidate forum for the applicants.  It is clearly necessary to allow the Democrat Party to have input on the process and to voice their preference. What is also commendable is that the meeting is open to the public and the Bernalillo County Democratic Party is thereby making accommodations for neighborhood association participation and other private citizens to attend who may want to merely listen to the candidates and become informed.

The Bernalillo County Commission should hold a special meeting of the county commission, all day if needed, where all applicants are given an equal opportunity to speak and be interviewed and questioned in public by all 5 county commissioners during a public meeting with a record of the proceedings and what is said.  The county commission should also allow testimony from the public, including from Democrats, Republicans and Independents and make public all communications and lobbying efforts on behalf of individual candidates. It’s called transparency in the public interest to avoid back-room politics of pre selection of appointments.

Bernalillo County Commissioner Steven Michael Quezada is a life-long resident of New Mexico. Commissioner Quezada is a screen actors guild award-winning actor, producer and comedian with a long record of public service for Bernalillo County children and families.  He pursued his love of performing by studying theatre arts at Eastern New Mexico University, and has earned the distinction as one of the most charitable celebrities in New Mexico.

Commissioner Quezada has raised money for organizations such as Youth Development Incorporated and countless others. Quezada  has also worked with the gang intervention, Mi Voz and Elev8 programs through YDI, taught acting to local kids, and educated future filmmakers at the Digital Arts and Technology Academy.  He is married to Cherise Quezada, has four children, and plays golf in his spare time.

EDITOR’S DISCLAIMER: The opinions expressed in this guest column written by Bernalillo County Commissioner Steven Michael Quezada are those of  Commissioner  Quezada and do not necessarily reflect those of the www.petedinelli.com blog. Commissioner Quezada has not been paid any compensation to publish the guest column and has given his consent to publish on www.PeteDinelli.com.

“With roughly a year and a half left in my tenure as a Bernalillo County Commissioner, I feel the need to speak out, once again, against the “bad politics” plaguing the Bernalillo County Commission.  More specifically, the inclusion of Commissioner Adriann Barboa in the hiring process for the newly created position of Deputy County Manager for Behavioral Health.

During my years on the county commission, I have seen the good and the bad; appropriate decisions and those that have failed and divided this great county.  But this latest power move by Commissioner Barboa is out of line, out of touch and smacks of political patronage, a practice in which a political party, after winning an election, gives government jobs to its supporters, friends (cronyism), and relatives (nepotism).  This is not an accusation, merely an observation that is not solely my own.

 It seems that since 2016, politics has degraded into the practice of politicians forcing their political views under the guise of leadership while double-talking to save their political careers and push their misguided values.

Commissioner Barboa appears no different.  She says her knowledge and work in the behavioral health field will allow her to share institutional knowledge in the hiring process for the new Deputy County Manager.  And while she states that the final decision is not hers, the mere fact that she urged friends and acquaintances to apply and that she is privy to the selection process and applicants, gives her undue, unfair, unethical, and possibly illegal influence on the process, putting Bernalillo County in a vulnerable legal position.

The county commission hired Julie Morgas Baca as County Manager in 2015 with the simple understanding that she works for the commission, but the employees work for her.

 Commissioner’s don’t hire and fire, they develop policy to guide county government.  Among other duties, the commissioners have final authority on budget, affirm proper tax rates, issue general obligation bonds, pass ordinances and resolutions, make appointments to boards and commissions, create fire districts, and establish zoning and business regulations.

Nowhere does it state that commissioners should be involved in hiring county staff.

It’s no secret that the county commission is divided.  In the past few years the votes have been a standard 4 – 1 based on party affiliation.  More recently, the votes have digressed to a common 3 – 2 margin with commissioners Adriann Barboa, Barbara Baca, and Eric Olivas forming a majority. As for the vote to allow commissioner Barboa to sit on the selecetion committee for the new Deputy Manager, I was the only dissenting vote.

Please don’t confuse my explanation with an apology.  I am never sorry for the way I vote and always work, and vote, with the best interest of the county and all residents as my guide.

 As I serve out my final months on the commission, I will continue to vote my conscience for all who live, work, and plan their futures in this great county.  But I do encourage you to speak up against this feeble attempt at a power grab, rise up against government intrusion, and vote your conscience in the next election.

At Bernalillo County I don’t know if you can count on us but you can definitely county on me!

The link to a relevant Dinelli blog article is here:

Bernalillo County Commission To Appoint House District 25 Replacement On August 11; Democratic Party Candidate Forum On August 2 To Make Non-Binding Recommendations To County Commission; Candidate Biographies; County Commission Party Infighting Reason For Forum

 https://www.petedinelli.com/2023/07/25/bernalillo-county-commission-to-appoint-house-district-25-replacement-on-august-11-democrat-party-candidate-forum-on-august-2-to-make-non-binding-recommendations-to-county-commission-candidate-biogr/