In 2022, the Albuquerque Police Department (APD) experienced 18  police officer involved shootings (“OIS”).  The first happened on February 1 and the last on November 25, 2021.  10 of those shootings were fatal and exceeds the number of deadly force and excessive force cases that brought the Department of Justice to the city in 2012 to investigate APD.

Given the high number of shootings, APD decided to create an executive “working group” to review each of the 18 officer involved shootings and prepare findings and recommendations.  The working group of APD leadership consisted of  Deputy Chief of Compliance Cori Lowe, Internal Affairs Deputy Director Zak Cottrell, IA Force Investigations Commander Scott Norris, Field Services Deputy Chief Josh Brown, Investigative Bureau Deputy Chief Cecily Barker and Police Reform Bureau Deputy Director Jimmy Collins. For two months, the group   reviewed each of the 18 shootings looking for trends and places for improvement.

On March 23, the Albuquerque Police Department (APD) held a press conference and released its Officer Involved Shooting Report (OIS) dated March 9.  APD also announced changes in policy it is making in response to the report. The OIS report gives a detailed analysis of each of the 18 shootings and provides case numbers and dates. The link to review the entire 21 page report is here:

https://www.cabq.gov/police/documents/apd-2022-ois-review-report.pdf

During the March 23 press conference, Deputy Chief of Compliance Cori Lowe said the working group looked over each of the 18 police shootings from the initial dispatch records, to lapel videos, to reports from the Force Review Board. Even when a police shooting was within policy the working group suggested ways in which officers could have done better.  Lowe said this of the process used to review the 18 cases:

“We went case by case and we tried to figure out what was similar between all of them … and what trends that we saw from each of our individual aspects. … Then we had to try to bring it down and say, ‘OK, what exactly is important for this specific particular topic? …  These were the biggest priorities for this go round.”

APD Chief Harold Medina for his part said the department plans to do a similar review every 6 months.  Medina said this:

“It’s great we started it last year but, in retrospect, I wish we would have done it six months earlier. … The Albuquerque Police Department is going to have to figure stuff out on its own when the Department of Justice leaves, and it’s going to be a community expectation. … This is one of the first major steps we’ve done in making sure that we have the system in place that we’re taking into consideration … and how we want to function as a police department.”

TYPES OF REVIEW

Since November 16,  2014, the Albuquerque Police Department (APD) has been under a Federal Court Approve Settlement Agreement (CASA) mandating 271 reforms after the U.S. Department of Justice investigation found a “culture of aggression” within APD with the its use of excessive force and deadly force, especially when dealing with people with mental illness and having psychotic episodes.

The CASA mandated APD adopt a new system to hold officers and supervisors accountable for misconduct and violations of policies, especially violations of excessive use of force and deadly force. Personnel procedures were implemented which included outlining details how use of force cases and deadly force cases must be investigated. The CASA requires far more reporting by officers and field supervisors. It requires detailed reviews of those reports up the chain of command within the department. Sergeants and lieutenants are required to be much more involved in field supervision and review of use of force and deadly force.

Every officer-involved shooting is investigated by the Internal Affairs Force Division (“IAFD”). Currently, the External Force Investigation Team (“EFIT”) supports IAFD personnel in completing timely and quality use of force investigations.   The requirements of the substance and quality of completed IAFD investigations as well as training and procedure are governed by the Court Approved Settlement.

All completed Officer Involved Shooting investigations are sent for consideration by the Force Review Board (“FRB”). The Force Review Board extensively reviews each case and confirms the investigative findings are supported by evidence, identifies violations of policy, and assesses the incidents for policy, training, equipment, or tactical concerns. A Multi-Agency Task Force required by the settlement agreement is tasked with conducting criminal investigations into all OIS and other instances of potential criminal conduct by APD officers.

APD POLICY

“An OIS is considered the use of deadly force under APD’s use of force policy regardless of whether the individual is killed, or even struck, by law enforcement. APD’s deadly force policy provides: “an officer shall not use deadly force against an individual unless the officer has probable cause to believe an individual poses a significant threat of death or serious physical injury to the officer or anyone else.” …  In addition, APD officers must attempt to use de-escalation, when feasible, prior to using deadly force and the use of deadly force must be the minimum force necessary under the circumstances.”

(Page 1, OIS report)

STANDARD OF REVIEW

“The APD working  group did not re-examine whether the shootings were within APD’s policy or the quality of the investigations. Even if every OIS was within policy, one of the purposes of the working group was to explore whether there are methods to reduce the overall number of OIS. In conducting this analysis, the working group explicitly applied the “20/20 vision of hindsight”, using information gathered after the shooting as well as information on other OIS to assess these incidents.

The findings of the working group [did]  not address whether the officer’s actions were objectively reasonable. Further to the extent the working group identified similarities in OIS, these are not sufficient to evidence a pattern of conduct. When reviewing the OIS, the working group gave special consideration to whether de-escalation was used and where the use of a less lethal tool earlier in the encounter might have avoided the need for deadly force.

To be clear, a determination that officers may have missed an opportunity for less-lethal force does not indicate that less-lethal force rather than deadly force should have been used at the time of the shooting, but that less-lethal force might have brought the incident to a resolution before the need for deadly force arose.”

TRENDS IDENTIFIED AND CASE STATISTICS

The raw data gathered and the trends identified  by the APD Executive Working Group  on the 18 Shootings  is as followed:

LOCATION: Six of the 18 OIS were located in the Foothills Area Command, four were in Valley Area Command, and Southwest, Southeast, Northwest, and Northeast Area Commands each had two OIS.

USE OF WEAPONS:  Eight out of 18 OIS involved individuals discharging a firearm at the time of the OIS. During 1 of the incidents, the individual was actively committing a homicide.  Three out 18 of OIS involved an individual pointing a firearm at officer. In 1 shooting, the suspect was reaching for a firearm after being ordered not to retrieve it.  Two of the 18 OIS involved suspects with edged weapons. In total, 14 out of 18 of individuals subjected to deadly force were armed or attempting to arm themselves. Three out of 18 involved the use of perceived weapons which ultimately determined to not be lethal weapons. One individual was armed with a rock which he threw at officers prior to the shooting.

USE OF LESS-LETHAL MUNITIONS:  In three OIS, less-lethal munitions were attempted. In one OIS, less-lethal was used simultaneously with deadly force. The working group determined three OIS involved situations where the use of less-lethal force earlier in encounter might have resolved the situation and thus, avoided the need for deadly force.

USE OF DE-ESCALATION: De-escalation tactics were used in three (3) shootings. In  13  OIS, the working group determined de-escalation was not feasible due based on the facts of each case. The working group determined de-escalation should have been used but was not in two OIS.

IDENTIFICATION OF INDIVIDUAL PRIOR TO OIS:  In 8 out of 18 OIS, officers knew the identity of the individual prior to the shooting.

IDENTIFICATION OF INDIVIDUALS IN CRISIS:  Six of the individuals involved in an OIS had a history of calls involving mental health. However, 3  of these individuals were not identified by law enforcement prior to the shooting, thus there was no way for officers to know about any crisis intervention  history. Of the remaining three individuals who were identified as having a history of crisis intervention (CIT)  calls and CIT officers were dispatched to two of these scenes.

COMPLIANCE WITH APD POLICY:  In two of the OIS, at least one officer’s use of deadly force was found to violate APD’s policy. These 2  officers were terminated from employment with APD.

TIMING OF OIS:  Six  out of 18  of OIS occurred on Tuesdays. The working group considered whether Tuesdays tend to  be understaffed and otherwise attempted to evaluate whether staffing levels coincided with OIS. Based upon available data, the working group was unable to determine a link between staffing levels and increased OIS. Ten of the 18 occurred between 10PM and 4AM, 16 on the Swing or Graveyard shift. Younger officers with less seniority are more likely to work the Swing or Graveyard shift than more experienced officers. The working group discussed mentorship of officers which may be affected by fewer experienced officers on the shift.

EXPERIENCED OF OFFICERS-INVOLVED:  Twenty of the officers involved in an OIS had six or less years of experience. This represents nearly 2/3 of officers involved in an OIS in 2022.

PRIOR FORCE USAGE:  There were 33 officers involved with  the 18  OIS  who had a total of 87 prior uses of force since the beginning of 2020. Of these 87 incidents, seven were out of policy. Four officers involved in an OIS in 2022 had at least one prior OIS. An additional 21 officers at the 2022 OIS incidents applied force that was not deadly force (e.g. pointing a firearm or an electronic control weapon. These officers had a total of 50 previous uses of force with one (2%) out of policy.

CHARACTERISTICS OF INDIVIDUALS INVOLVED:  All 17 of the known individuals involved in the use of force incidents were men. There is one case where the involved individual is unknown. The youngest individual was 18 and the oldest was 59. The median age of involved individuals was 29 and the mean was 34. The percentage of Black and Native American individuals involved in OIS is higher than their population proportion in Albuquerque.

ACTION ITEMS IDENTIFIED

The March 9 Officer Involved Shooting Report identified the following 7 areas where it is going to train and equip APD police officers to help lessen and or prevent future officer involved shootings.

INCREASED TRAINING ON HANDS-ON/EMPTY-HANDED TACTICS

“More effective use of hands-on tactics may have allowed officers to bring some situations to a resolution prior to the use of deadly force. APD will consider increased maintenance training for officers regarding hands-on tactics. APD will ensure the training is provided by qualified staff and delivers consistent instruction.”

INCREASED CONSIDERATION OF LESS-LETHAL MUNITIONS

“The working group identified several OIS incidents in which there was potential opportunity for the use of less-lethal munitions prior to the use of deadly force. APD identified an issue with the policy, which has already been addressed in revisions to APD’s use of force policy published in January 2023. These revisions clarify the circumstances under which less-lethal force may be used and standardize the justification for using similar types of less-lethal force. APD has released a brief training video to address these issues ahead of planned start date of April 2023 for more in-depth training on the revised policy. Further, APD drafted its upcoming Reality-Based Training scenarios to focus on situations commonly faced by officers as well as issues discussed during the working group. In addition, APD will ensure officers continue to receive training on weapons selection to ensure less-lethal options are effective. Specifically, APD will continue to issue reminders about the limitation of Electronic Control Weapons (ECW) during colder months due to bulky clothing.”

INCREASED SUPERVISION

“In several of the OIS incidents, there were critical situations that might have benefited from a supervisor on scene and/or more active involvement from supervisors. The working group will ensure APD return into policy for both APD and Emergency Communications that supervisors respond to certain calls for service. Finally, APD will increase focus on command and control during maintenance training for supervisors to include scenario-based training.”

CONTINUED MENTORSHIP

“A significant number of officers involved in shootings had less than six years of experience. This observation is not surprising as the majority of OIS incidents occur with the Field Services Division and less-experienced officers tend to be assigned to FSB, during night shifts. APD officers complete a lengthy training academy as well as field training program upon graduation. However, to ensure newer officers continue to benefit from the guidance of more experienced officers, the working group recommends APD evaluate implementing a policy that Patrolmen Second Class (officers with a year or less experience) are not sent to calls for service with other P2C unless there is an urgent need. APD already limits the number of P2C officer bidding into the same squad.”

 ADDITIONAL EQUIPMENT FOR OFFICERS

“One of the trends that emerged from review of 2022 OIS incidents is the number of times individuals fired upon officers. APD will evaluate providing all supervisors with a ballistic shield who will provide the shields to their officers during critical incidents when necessary. Additionally, APD will evaluate providing magnifier optic for officers with rifles. Magnifier optics can provide increased visualization for officers and may assist officers in evaluating the threat presented by an individual from a distance.”

CLEARING SCENES

“At least one OIS incident occurred after the primary suspect was taken into custody. Although policy and several legal doctrines allow officers to briefly search the area where individuals are taken into custody, APD will evaluate these policies to ensure officers do not have potentially unnecessary confrontations with individuals who are not suspected of a crime. To the extent a warrant is issued for a particular residence, APD will consider whether additional resources are necessary to execute a search warrant.”

WOUND CARE

“APD policy requires that officers attempt to render medical aid following an OIS incident, where officer safety considerations allow. One OIS incident was referred for further investigation for failure to render medical aid. Although APD does not have sufficient information to make a determination as to whether additional efforts would have improved the individual’s outcome, APD remains committed to ensuring officers provide appropriate medical care within their abilities. APD will ensure officers continue to receive training on wound care and will include post-incident wound care in future RBT scenarios.”

APD plans to hold these police shooting reviews every six months. Some of the new training for these changes will start in April.

APD intends to convene this working work on a semi-annual basis moving forward to discuss any future officer involved shootings.

The links to quoted news source material are here:

Click to access apd-2022-ois-review-report.pdf

https://www.koat.com/article/changes-coming-to-apd-following-record-year-of-shootings-involving-officers/43403055

https://www.abqraw.com/post/apd-announces-changes-after-review-of-officer-involved-shootings

https://www.abqjournal.com/2585378/albuquerque-police-reforms-intended-to-reduce-shootings.html

COURT APPROVED SETTLEMENT AGREEMENT COMPLIANCE

On  November 9, 2022 Federal Court Appointed Independent Monitor James Ginger filed his 16th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 16th Federal Monitors report is a 332 page report that covers the 16th reporting period  covers the time period of February 1, 2022, through July 31, 2022.The link to review the entire 16th Federal Monitors report is here:

https://www.cabq.gov/police/documents/959-221109-imr-16.pdf

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to have come into compliance within 4 years and the case was to be dismissed in 2020.

The 3 compliance levels can be explained as follows:

PRIMARY COMPLIANCE

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

SECONDARY COMPLIANCE

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

OPERATIONAL COMPLIANCE

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

On  November 9, 2022 Federal Court Appointed Independent Monitor James Ginger filed his 16th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 16th Federal Monitors report is a 332 page report that covers the  the 16th reporting period  covers the time period of February 1, 2022, through July 31, 2022.The link to review the entire 16th Federal Monitors report is here:

https://www.cabq.gov/police/documents/959-221109-imr-16.pdf

The Federal Monitor reported that as of the end of the IMR-16 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100% (No change)
Secondary Compliance: 99% (No change)
Operational Compliance: 80%. (10% increase from 70%)

COMMENTARY AND ANALYSIS

This is the first time APD has released police shooting trends.  APD is now saying it needs to prepare for the day the Department of Justice leaves and it needs to find a way how to navigate through trends and situations. As was originally negotiated, the time frame was 4 years of implementation of the 271 CASA reforms, yet we are into the 7^th year of implementation.

It’s likely the DOJ will be here at least another 3 years and even then there is no guarantee they will be gone.  Given the progress that APD has made with the compliance levels, there is a chance APD will reach the 95% compliance in each of the 3 compliance levels within a year but after that there must be 2 years of sustained compliance of 95%.  APD’s history is that they make progress and then backslide resulting in more monitoring. After millions spent the on reforms and training of officers over 7 years, there is still very little assurance that the City will be rid of the DOJ once and for all as hope springs eternal.

The general public can take very  little comfort when our ever so  eloquent APD Chief  Harold Medina says “The Albuquerque Police Department is going to have to figure stuff out on its own when the Department of Justice leaves.”  The biggest “stuff” APD is going to have to figure out after the Department of Justice leaves is not reverting back to its old ways of engaging in a pattern of excessive use of force and deadly force and a systemic culture of aggression that brought the DOJ here in the first place.

On Saturday, April 1, April Fool’s day”, Mayor Tim Keller and New Mexico State Senate Majority Whip Michael Padilla held a press conference at the vacant land located at 1250 Menaul NE to announce that the city has “swapped” the city owned property for 2 state owned properties.   The property at 1250 Menaul NE consists of two prime commercial vacant lots comprising 13.5 acres of land with an estimated value of at $4,333,500. The city swapped the land at 1250 Menaul NE for 2 state-owned properties.  One state property is located 401 Commercial NE, just northeast of the Convention Center and the second is at 3401 Pan American NE, along Interstate 25 near Candelaria.

The land swap was touted as a “win-win” transaction by both Mayor Tim Keller and State Senator Michael Padilla.  Keller said the state property exchange will allow the city to expand the Rail Trail and provide a larger, more-accessible space for a Solid Waste transfer station.  The Menaul site will be used for a public safety headquarters to replace the central New Mexico State Police office in Albuquerque located on Carlisle and provide a location for law enforcement training and operations.

Mayor Tim Keller said this:

“[Land swaps] are fairly routine, and they’re always important. … So this is a keystone piece of land … to make the Rail Trail possible. [It] does mean that we are going to get the access and the land we need to have a sort of anchor point for the Rail Trail.   [This is a] win-win. It brings closure to several key land questions for City services and public spaces in the city core. … Because the state is getting this land there will be no safe outdoor space or transfer station on Menaul.  …  So by default there is closure on the question of whether or not there will be a safe outdoor space at this location.”

In a news release, the city said the property 401 Commercial NE Commercial  located NE of the convention center  will play “an important role” for the future of the Rail Trail which is  described as “a transformational pedestrian-friendly path” connecting the Rail Yards to Downtown, the Sawmill District and Old Town.

It was in January the city Solid Waste Department announced that it was looking at the Menaul property for a future garbage transfer station where city garbage trucks would drop off loads to be taken by larger vehicles to the landfill. The transfer station would have been between the Safe Outdoor Space and the Sunset Memorial Cemetery.

The April 1 city press release states the Pan American site is an ideal location for a solid waste transfer station and it will allow easier access for large city vehicles. The city also stated that homeless providers “may still apply for safe outdoor spaces at other locations in the city.”

State Senator Padilla said the city property swap is for roughly equal valued state land saying the  traded properties are “almost even-steven”.   Padilla was not able to  give an estimated cost of the public safety headquarters.  He did say a modernized law enforcement facility will be built on the Menaul property  and the site will give law enforcement fast access to the Big I, where they can head any direction in response to unfolding situations.

Padilla said this:

“There are five disparate offices in Central New Mexico related to public safety and the state police, and what this is going to do is it’s going to consolidate all of those services onto this property. There will be greater coordination, planning efficiency. … We have a giant crime problem here in New Mexico and this is going to help in a tremendous way to positively affect that issue. … I think this is going to lend itself to really telling the bad guys, ‘Hey, we’re serious about this. We’re on top of this, we have more efficient operations.”

Padilla noted that since the land swap is a joint resolution, it only had to pass the state Senate and House. It does not need approval from the governor.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/city-and-state-trade-lands-in-hopes-to-resolve-land-use-issues/

https://www.abqjournal.com/2587450/city-state-land-swap-means-no-safe-outdoor-space-at-menaul-property.html

APPLICATION FOR SOS HOMELESS ENCAMPMENT FOR SEX-TRAFFICKING VICTIMS WITHDRAWN

It was last year on July 30, 2022 that  Dawn Legacy Point filed the very first application for a “Safe Outdoor Space” homeless tent encampment to be located at 1250 Menaul. The homeless encampment was intended to be a city sanctioned tent encampment  for upwards of 50 women who are homeless and who are “sex-trafficking victims”.

On August 8, 2022 the City Planning Department approved the Dawn Legacy Point application behind closed doors without giving notice to surrounding property owners, neighborhood associations and businesses as require by law. The Planning Department held no public hearing on the application and the Family Community Services Department gave Dawn Legacy assistance in identifying city property for the SOS, assisted with its design and with the application and agreed to provide funding.

Appealing the Planning Department decision were the Santa Barbara-Martineztown Neighborhood Association; Crowne Plaza hotel; LifeRoots Inc.; Sunset Memorial Park, Greater Albuquerque Hotel and Lodging Association; Menaul School; and Albuquerque Hotel Project.

On Friday, March 16, City Land Use Hearing Officer Steven M. Chavez granted the appeal of the 7 organizations to stop the City and the charitable organization Dawn Legacy Pointe  from constructing a Safe Outdoor Space (SOS) on the two city own lots located at 1250 Menaul Blvd. NE.  The hearing officer found the city should not have approved a safe outdoor space for that site in the first place. The hearing officer recommended to the City Council to reverse the approval by the Planning Department and it was likely the City  Council would have done that on April 3.

On March 28, Dawn Legacy Pointe announced that it had  withdrawn its application for a Safe Outdoor Space at 1250 Menaul Blvd. NE  citing the Council would likely affirm the hearing officer. The application withdrawal renders  moot any hearing and final decision by the City  Council on the SOS.

COMMENTARY AND ANALYSIS

The Dawn Legacy point applicants and the 7 appellants likely feel that they have been made fools of  to an extent by Mayor Tim Keller on April 1 when he announced the land swap. There is very little doubt that this “win-win” land swap has been in the works for some time and likely for last 8 months. Confidential sources confirmed the Governor Lujan Grisham Administration expressed back in August of last year the desire to acquire not only the city owned Menaul property but as well as Coronado Park for state facilities.   Yet Mayor Tim Keller said absolutely nothing until April 1, April Fool’s Day, about what was going on behind the scenes, behind closed doors and only after it was a done deal.

Safe Outdoor Spaces have been one of the most divisive issues in the city for the last full year pitting City Councilors against each other and against Mayor Keller and his Administration and the general public.  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. 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 when it became the de facto city sanction tent encampment, another Tim Keller bright idea.

The Planning Department and the Family and Community Services Department went out of their way to give preferential treatment and financial aid to the Dawn Legacy applicants for a Safe Outdoor Space for unhoused woman who are “sex-trafficking victims”.  Never mind the fact that victims of sex trafficking need stable and permanent housing and services and placing such women to live in tents  is very degrading and revictimizes them again.

It was Mayor Tim  Keller who just last year on April 1, 2022 first advocated  for “Safe Outdoor Spaces” by sneaking  $950,000 in his 2022 general fund budget for them. The City Council haplessly agreed to Safe Outdoor Spaces zoning amendments and then reversed course after public outcry and anger.  Three times the City Council attempted to exclude them but they failed with Keller vetoing the city council measures.

Keller and his administration have put the public through the emotional wringer by first encouraging and giving preferential treatment to Dawn Legacy with their application. Once approved, residents, businesses and neighborhood associations had to jump through the legal hoops with two appeal hearings, spend enormous amounts of time, energy and attorney fees and emotional capital to oppose the Manual property for a  Safe Outdoor Space.  Keller could have saved a lot of people a lot of misery, time and money by simply telling the parties something was in the works and that the Menaul property would likely  not be available within a matter of months.

This is not the way government is supposed to work.  Keller runs around with a smile on his face and a grin in his voice telling everyone nothing is wrong, he knows what he is doing and being less than candid until he can have a press conference to make an announcement.

The City Council has already approved amendments to the Integrated Development Ordinance that allows 2 Safe Outdoor Spaces for each of the 9 city council districts for a total of 18. Two applications have already been approved, one at the city owned property  westside shelter and one at the “Coming Home” unhoused facility on Candelaria.

Now that the Menaul property is no longer available for a Safe Outdoor Space, the City Council needs act immediately and enact legislation that prevents the city from making available for safe outdoor spaces any city owned open space zoned for industrial, commercial or residential use.  Otherwise the City Council  will continue to run the risk of being made fools of once again by Mayor Tim Keller.

 

 

On March 30, 2023, the on-line news outlet New Mexico Sun published the following news item:

HEADLINE: Albuquerque officials deny blogger’s claim that someone was screening his emails

By T.H. Lawrence

Mar 30, 2023

“Pete Dinelli isn’t buying the official response.

Dinelli, a former Albuquerque City Council member who writes the news and commentary blog PeteDinelli.com, is furious that his emails were blocked to more than 250 Albuquerque city officials and employees.

Albuquerque Digital Engagement Manager Erika Eddy said the block was removed March 27. Eddy said it was put in place after a misunderstanding.

“The Department of Technology and Innovation has not received any requests to block Pete Dinelli’s emails and also does not block any emails based on requests,” she told New Mexico Sun. “On March 22, 2023, DTI used its normal security protocols to review an email that was flagged as attempted phishing. The email appeared to fit many criteria for a phishing attempt and was blocked, with the block removed yesterday once it was determined to be non-malicious. DTI has the primary responsibly to keep all city digital assets secure, including the roughly 1.5 million emails sent to the city each month.”

Dinelli is not convinced.

“The bottom line is, I simply do not believe what IT is telling you. I do not believe IT,” he told New Mexico Sun. “Someone was screening what they want these people to see. And that goes for the mayor. To me, this is extremely troubling. This is a pattern of conduct that cannot be tolerated. It’s a threat to democracy. Someone had to do it. This was not computer-generated.”

Dinelli’s political blog began publishing on Oct. 27, 2016. Over the last six years, 1,662 blog articles he wrote about city, county and state news and issues have been published. Dinelli said he aims to provide commentary, analysis and possible solutions to the problems of Albuquerque while trying to completely avoid “political gossip.”

For six years, his voice was heard across the state. Last week, that changed.

On March 22, Dinelli published an article with the headline “City Pays Obscene Millions Of Overtime To Select Few First Responders Despite Repeated Scandals Of Paying 2 and 3 Times Base Pay; $34,380 Bonus And Longevity Pay To 19 Year Cop Veterans; An In Depth Review Of The 4 Year History Of Overtime Abuse Allowed By Hapless Mayor Tim Keller And City Council,” and emailed it out.

On March 23, an article titled “APD Chief Harold Medina Embellishes City’s ‘Slight’ Decline In Crime Rates Claiming APD Fighting ‘Perception Of Crime’; Reality Is ABQ Has Become Violent City; ‘Figures Don’t Lie, But Liars Figure’ And Programs Fail” was sent out.

Within 15 minutes, 108 emails came back saying Dinelli was blocked. He later concluded that his emails were blocked by at least 251 city employees. Dinelli wrote about this on his blog, saying that his emails, which he uses to send his articles to readers, have been blocked by all email addresses using the city of Albuquerque’s cabq.gov domain.

He was surprised and appalled at what he considers an attempt to censor his views.

“Over the years I have gotten very little feedback from city officials on the articles, but I do know they get them and have been told by the mayor, city councilors and city employees they read and often discuss them,” he said. “My article describes how I found that my emails were blocked by city official email addresses when I got immediate notification from 251 City Hall officials. To me, the blocking or deletion of emails by government officials is illegal and a violation of First Amendment rights of free speech and the press, and my reasons are contained in the blog article.”

Dinelli said he has an idea what caused this to happen.

“I think there have been more than a few blog articles that motivated the blocking and again this is discussed in the blog article,” he said. “The blocks began after I published my blog article on overtime pay abuses naming individuals and salaries.”

Dinelli said he has been in contact with three city councilors and they said they made no request to block him and are upset that someone can actually screen or stop them from getting emails. A fourth city councilor has also said no request was made to block Dinelli’s emails, he said.

Dinelli said something very similar happened with an Albuquerque online news agency called ABQ Raw. He also said specific city councilors have attempted to block him in the past, so the explanation offered by the city has not convinced him it was a computer error.

“I simply do not believe city IT without more proof and there is a reason for that,” Dinelli said. “ABQ Raw is in ligation with the city over being blocked or deprived of requested information.”

“Whether you believe me or the city IT, what happened was unacceptable and much stricter controls need to be implemented,” he said. “In particular, city IT needs to send notifications to people who are blocked. My AOL account notified me my emails were blocked, not city IT.”

Dinelli is a native of Albuquerque. He is a licensed New Mexico attorney with 27 years of municipal and state government service, including as an assistant attorney general, assistant district attorney prosecuting violent crimes, Albuquerque deputy city attorney and chief public safety officer, Albuquerque city councilor, and several years in private practice.

“In my 27 years of public service as a prosecutor, judge, city councilor, deputy city attorney and chief public safety officer I do not recall a single time I blocked anyone,” he told New Mexico Sun. “As far as what I would like to see accomplished going forward, it’s that it never happens again to anyone and what steps is the city taking to make sure that it never happens again.”

The link to the New Mexico Sun news article is here:

https://newmexicosun.com/stories/640550323-albuquerque-officials-deny-blogger-s-claim-that-someone-was-screening-his-emails

ANALYSIS AND COMMENTARY

It must be pointed out that www.PeteDinelli.com did not make any contact with the City’s IT Department requesting an explanation why emails were being blocked nor  did City IT inform him the reasons why he had been blocked. What did happen is that various news agencies contacted City IT  to ask why a block was initiated and then they were told the block was lifted.  City IT never sent a notification to Pete Dinelli of emails being unblocked.

The blocking of Dinelli emails was so very wrong on too many levels and those levels include the following:

1. It is considered censorship and a flagrant attempt to stifle free speech and to suppress critics.
2. It deprives constituents and the public the right to contact their duly elected city officials and public safety officials.
3. Elected officials should be very concerned if anyone is screening or or blocking  what they are being sent in the regular course of business and its  being done without their knowledge or consent.
4. The mass blocking of any  E-Mail that involves city business  constitutes abuse of City Information Technology (IT) System paid for by taxpayers.
5. E-mail accounts are not the elected official’s property nor the individual employee’s property and they do not have the right of censorship by blocking a person’s emails because they do not want them or do not care to read them.
6. There is no right of expectation of privacy when it comes to city email accounts. The email addresses are a matter of public record that the public are entitled to access and send communications.
7. Any citizen who is blocked by APD and Albuquerque Fire and Rescue can be placed into jeopardy unable to make contact by email to report and document incidents.

The City Council needs to demand a full and complete explanation of what happened.  A referral  needs to be made to the Inspector General or Internal Audit to review IT policy to determine appropriateness of city policy.  The city council needs to know who can block their emails and who did block their emails.

No elected or city official should ever tolerate the screening, stoppage or censoring of legitimate communications from the public.

___________________________

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

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

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

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

https://newmexicosun.com/

 

 

On February 4, KOAT TV Target 7 investigation took to task the Albuquerque Police Department (APD)  for its social media posts that were considered by many as inappropriate. It constituted intimidation and harassment of the general public. APD for its part made no apologies for official tweets on its TWITTER and FACEBOOK page. The source of APDs posts  is APD Spokesman Gilbert Gallegos.  Gallegos has no law enforcement training, he is a former Albuquerque Tribune reporter and worked for Governor  Bill Richardson and then Governor Michelle Lujan Grisham when she was a congresswoman.

VILIFYING A PRIVATE CITIZEN

Doug Peterson is the President and CEO of Peterson Properties.  The  company is the largest commercial property owner and commercial landlord in the city.  Last year, Peterson took  to  Twitter to complain about crime and homelessness in Downtown Albuquerque. He  spoke to the media about his frustrations how the unhoused are affecting property values and destroying businesses.  Doug Peterson said this about his tweets:

“I was vehemently complaining about the lack of response that my company has been getting from APD, mostly about property crime.  The information that I put out there is straight from our properties and what we’re experiencing.”

APD responded to the tweets by Peterson on its Twitter account and  posted  the following:

“Calling out your b.s. [bull shit]  is public service.”  (May 24, 2022 at 9:25 AM,)

“You only complain and never offer solutions.”  (October 13, 2022 at 3:52 PM)

“Your racism aside, we have charged 99 murder suspects this year.”  (October 6, 2022 at 9:33 pm)

APD Police Chief Harold Medina was asked  to respond to the propriety of the APDs tweets.   Medina admitted  that some of the tweets violated the city’s social media policy.  The policy states when replying to posts on city accounts, city employees are supposed to “keep it professional and avoid confrontation.”  Calling a businessman who is exercising his right of free speech a racist as Gilbert did  is not keeping it professional and avoiding confrontation.

Medina referred to the Peterson tweets as “cyberbullying” and said this:

“At times, yes, we push back and sometimes people don’t like the way we push back.  I think (the tweets) were appropriate for the individuals that they were meant for. … They bluntly point out differences [and] Bottom of FormI’m OK with that. … There are some individuals who, politically, for political reasons or a variety of reasons, are resort to cyberbullying, which is something real. And I don’t think that it’s necessarily fair.”

EDITOR’S COMMENTARY: Calling a businessman who is exercising his right of free speech a racist as Gilbert did is not keeping it professional and avoiding confrontation and it’s likely libelous. Enabling and backing up a public relations flack to attack a private citizen because he is critical of APD performance is not at all appropriate nor is it cyberbullying as Medina proclaims. Gilbert and Medina have a real  warped understanding of the concept of “to protect and serve”.

The one APD tweet that generated controversy came in July after the death of a 15-year-old boy caught in a SWAT standoff in a home that later caught fire. Some used Twitter to blame the police for the boy’s “murder.” In response, APD tweeted:

“Didn’t know a fire could murder someone.”

In that case, APD Chief Medina said he told department spokesperson Gilbert Gallegos to tone it down.  Notwithstanding, Medina stood behind the tweets proclaiming that APD was responding to what he deemed “inaccuracies.”

Mayor Tim Keller voiced no problem with the confrontational tweets and said this:

“APD has its own social media policy. … We support their efforts to push back on misinformation on social media.”

EDITOR’S COMMENTARY:  There is no legitimate reason to allow APD to have its own social media policy other than allowing it to say what it wants and to attack who they want on social media. If anything, APD should not be allowed to post on FACEBOOK or  TWITTER without the post  being reviewed by a city attorney to ensure it conforms to city policy and does not violate the laws of libel and slander.

City councilors Louie Sanchez and Pat Davis are both former police officers. Sanchez is a retired APD Officer and Davis is a former UNM and Washington DC police officer. They  demanded that APD  toned down their tweets.     Councilor Louie Sanchez said this:

“The department thinks that harassing and intimidating people is community policing; they’re on the wrong path.” 

https://www.abqjournal.com/2570384/albuquerque-police-tweets-slammed-by-some-as-intimidation.html

https://www.koat.com/article/albuquerque-police-twitter-tweets/42748358

https://www.koat.com/article/albuquerque-police-mean-tweets/43387226

 APD SPOKEMAN POKES FUN OF FORMER CHIEF’S RUMORED DEMENTIA

On March 22, KOAT TV Target 7 Investigation reported for a second time that APD’s nasty little tweets were continuing from Public Information Officer flack Gilbert Gallegos and that he had reach a new low.  This time the tweets poked fun at former APD Chief Michael Geier and rumored dementia as well as crime in affluent Tanoan.

EDITOR’S SIDEBAR: Least anyone forgets, former APD Chief Geier was forced to retire on September 10, 2020, some would say terminated, by Mayor Tim Keller and replaced him with APD Chief Harold Medina.  It was  Geier who recruited Medina to return to APD as a Deputy Chief of Field Services. A few days after Geier “retired” it was revealed that Geier was indeed forced out by Mayor Tim Keller.  Chief Geier was summoned to a city park by Mayor Tim Keller during the September 5 Labor Day Holiday weekend where Geier was told that his services were no longer needed. It was also revealed then First Deputy Chief Harold Medina helped orchestrate Geier’s removal. He did so  with the help of  then CAO Sarita Nair.   Medina became insubordinate to Geier and learning Geier was going to take disciplinary action against him and demote and transfer him, Medina struck back.   Geier also hired Gilbert Gallegos as an APD Spokesman and Gallegos was a Medina loyalist.  As soon as Gieir left, Gallegos and Medina both unleashed a torrent of criticism of Chief Geier blaming him for all of APD’s mismanagement all the while Medina himself refused to take any  responsibility for any of his mismanagement as Deputy Chief of the Field Services.

The latest TWITTER exchange began on  March 16, 2023 when APD held a press conference to release the city’s  2022 crime statistics  and announced  that property crime had dropped 40%.  Former APD officer and now private attorney Tom Grover who represents former APD Chief Michael Geier  posted a response on TWITTER to APD’s statistics.

Grover posted this about the crime stats:

“or another way to look at this is under Chief Geier there was a 23% drop in property crime while under @abqpolicechief there was only 12%”

APD Spokesman Gilbert Gallego’s responded to Grover’s post on TWITTER saying this:

“ask your client who is responsible for lower property crime? Oh wait, he probably isn’t aware.”

In an interview with Target 7, Grover said this about APD’s TWEET:

“There’s been this really disgusting theory that somehow Chief Geier has dementia or pre-onset Alzheimer’s and that he was forgetful on certain occasions. … They’re just these grotesque aspersions towards the chief. He [Gilbert Gallegos]  was making fun and he was acting in a manner totally inconsistent with what we would expect from the largest law enforcement agency in the state.”

On the same day APD released the city’s crime stats, downtown property owner Doug Peterson tweeted that the crime stats released by Gilbert an “absolute joke.”

APD Spokesman Gilbert Gallego’s responded to Peterson’s TWEET by posting “how’s crime in Tanoan” referring to the affluent gated community

KOAT Target 7 contacted former Bernalillo County Sheriff Darren White, who was also an APD police officer, and asked him about the APD Tanoan TWEET and APDs policy of “pushing back” on social media .  After seeing the APD TWEET, White said this:

I don’t think the family of James Hogan who was murdered in a home invasion in Tanoan would think this tweet is funny. … Which I felt was completely insensitive. …  Pointing out the failures of the mayor and the chief is not misinformation. It’s just criticism.  You’re going to be criticized no matter what you do, good or bad. There are always going to be people that criticize you. And that’s just part of the game.”

Target 7 reached out to the mayor’s office and specifically asked if the mayor condoned tweets that were reportedly making light of someone’s alleged medical condition and crime in an affluent neighborhood. A spokeswoman for Mayor Keller said in an email:

“As stated previously, we support the department in their efforts to push back against misinformation on social media.”

VILLIFYING THE COURTS WITH DANGEROUS DRIVEL

APD Chief Harold Medina’s and APD Spokesman Gilbert Gallego’s social media attacks have not been confined to private citizens that may have legitimate complaints against APD and its job performance. They have been known to go after the courts on social media and level sharp criticism to court rulings attacking and degrading judges for decisions they have rendered and that they disagree with.

CASE IN POINT

In March, 2022, Defendant Adrian Avila was accused  and arrested for allegedly killing 2 people in two separate Albuquerque shootings that occurred 6 months apart. The first is an August 2020 case where a teen was killed during a gun robbery. The second is a February 2021 case where a man was killed in front of his home by his brother’s kidnappers.

Under the law, the prosecution has the burden of proof to make the case that a defendant charged with a violent crime is too dangerous to release from jail pending trial. After an evidentiary hearing, 2nd Judicial District Judge Stanley Whitaker ruled that prosecutors had credible evidence to charge Adrian Avila for the crimes, but prosecutors did not prove “no conditions of release could protect the community.”

Second Judicial District Judge Stan Whitaker granted Avila’s release on strict conditions, including GPS monitoring and a curfew. In addition to wearing a GPS ankle monitor, Whitaker ordered that Avila remain under house arrest and be allowed to leave his mother’s home only to attend a charter high school and for educational purposes. Judge Whitaker’s decision to release Adrian Avila on house arrest with a GPS monitor pending trial drew immediate vilification from APD Chief Harold Medina. APD Spokesman flack  Gilbert Gallegos followed Medina’s lead and on  social media  vilifief the court’s decision.

APD Chief Harold Medina said this in a TV interview:

“These people are accused of killing somebody and we’re counting on an ankle bracelet to protect the community. … [Adrain Avila is] at the root of gun violence. … [His release is] ridiculous.”

The link to the news interview is here:

https://www.kob.com/albuquerque-news/albuquerque-teen-accused-of-2-murders-released-with-gps-ankle-monitor/6425548/?cat=500

On Thursday, March 22, at 2:07 pm,  public relations flack Gilbert Gallegos posted on APD’s official FACEBOOK page a photo of Defendant Adrian Avila with the following post:

“A judge released a murder suspect from jail today on an ankle monitor. Adrian Avila is charged for 2 separate murders. Think about that. Two murders. This suspect is at the root of the gun violence we’re seeing in Albuquerque and the record number of homicides.  Our officers and detectives are doing everything possible to investigate and arrest the people who are terrorizing our neighborhoods committing robberies and homicides with stolen guns. At the same time, we are getting reports of violent suspects cutting off their ankle monitors and left to roam the streets until we re-arrest them. This is beyond upsetting. This jeopardizes the safety of our community, including our officers.”

On March 22,  Gallegos posted on APD’s  TWITTER account a photo of Defendant Adrian Avila with part of the same text:

“A judge released a murder suspect from jail today on an ankle monitor. Adrian Avila is charged for 2 separate murders. Think about that. Two murders. This suspect is at the root of the gun violence we’re seeing in Albuquerque and the record number of homicides.”

Gsllegos also posted a follow up TWEET:

“This is beyond upsetting. This jeopardizes the safety of our community, including our officers.”

FACEBOOK COMMENTS REVEAL VILIFICATION OF JUDGE

As a result of the posts, APD’s FACEBOOK page was inundated with over 2,200 overwhelmingly “angry emoji” reactions, over 1,900 shares and over 718 comments. The overwhelming majority of the comments were negative, derogatory and personal attacks on  Judge Stan Whitiker.

Below are just a few of the posted public comments on the judge:

Judges who release dangerous criminals need to be held accountable if they commit any crimes!

Yep… that’s New Mexico for you. The criminals have more rights than law abiding citizens.

As a community we need to band together and victims of the crimes of these criminals need to start suing the judges and metro court for releasing them into our community this is ridiculous already

What a slap in the face for the family, friends & law enforcement that have all done their jobs. I’ve lost all faith in the judicial system.

Chief Harold Medina needs to be in the judge’s chambers in front of judge Stan Whitaker and DEMAND answers. How can we hold the criminals accountable when the judge’s themselves aren’t held accountable?

So agreed!!! Unbelievable to see these judges that are a contributing reason for the high crime rate. You officers risk your lives and these judges pour more gasoline on the fire, called crime. I thank you for all you do, and wish we could hold these judges accountable for what do or don’t do!!!

These judges be smoking crack! Jail for life is where people like this need to be. Streets are not safe anymore. AlbuCrazy!!!

That judge should be arrested next.

The fact that this was posted by the APD says alot… I’m sure they are tired of beating the same dam dead horse too. Risking their lives to bring these people in just to have them released.

Y’all need to be in that judge’s chambers asking why. No excuse for that and until we hold judges accountable when they think they are God we’ll see no improvement

So glad we live in a safe city with murders going free!

The people will eventually get tired and start taking them out them self

Expose these judges. Make the public aware of their decisions individually.

This creep committed multiple other crimes and hasn’t been charged! If he had been disciplined in 2018 when he carjacked our boys, maybe these other families would not have had to bury their children. The entire system is a mess!!!

The judges should be the ones to sit and listen to the families of lost family members to gun violence! How many bodies are needed for these “judges” to snap!!?

The judges only care about the criminals they don’t care about y’all or us

Get rid of the judges.

Our justice system is so irresponsible and culpable. These judges are putting us all in danger, including our law enforcement officers, and the police are frustrated because their hands are basically tied. God help us all!!!

What would one of these judges do if one of their family members were murdered? They’d make certain the criminal was not released into the public.

You guys should promote people carrying firearms since the left is already against you guys might as well get the more triggered.

Hopes someone will take care of him.

Someone needs to handle that judge. We’ r Nuevo Mexico.

People like him are the reason why abortion should stay legal, it’s a real shame he didn’t meet the business end of a coat hanger or at the very least have the courtesy to take themselves out lol

Obviously, this judge is a friend of his family. This kind of corruption needs to stop.

THE DEFENSE ATTORNEY REVEALS MEDINA’S INVOLVEMENT

Criminal defense Attorney Ahmad Assed, who represents Adrian Avila said it was not the law that  failed but law enforcement and the prosecutors who have failed to prove their case and that his client is presumed innocent until proven guilty. Assed argued in his response to the prosecution motions to detain pending trial that the prosecution’s evidence against Avila in the August 2020 homicide was circumstantial evidence and based largely on cellphone and Snapchat account records that did not reliably establish his involvement. In other words, there was no direct evidence such as eyewitness testimony nor forensic evidence such as fingerprints and ballistic testing linking him to the crime.

Assed said this about his client:

“[My client has] no criminal history, no history of failure to appears, he’s got a family that he’s associated with that are law-abiding citizens, hard-working folks, he reached out to law enforcement and sought out the turn-in on his own, and quite frankly conditions have never been in place where we can say he’s ever violated conditions of the court. … We don’t decide cases based on innuendo and DA’s closing arguments geared toward the eye of the media. That was the whole deal today, was just those notion of a closing argument or opening statement for the media’s purposes. It’s not for the court or the judge to discuss the details of the case. The judge must follow the law, and the law clearly requires the state to act. If the state does not act, and in this case, the state did not act, the court must follow the law.”

With respect to Chief Medina, attorney Assed said Medina’s comments were “irresponsible and reckless” statements having the potential to poison a jury pool and raise questions about APD’s ability to investigate crimes objectively and he said this:

“It’s outrageous for Albuquerque’s chief law enforcement officer, who wasn’t even at the hearing, to make a knee-jerk comment that is purely reactionary and pandering.”

Attorney Assed added that Chef Medina and he personally negotiated Avila’s surrender to APD. There was no disclosure if Medina ever asked Assad that his client be held in jail pending trial, yet Medina objects when a judge makes a finding that there was insufficient evidence to hold the accused in jail pending trial.

https://www.kob.com/albuquerque-news/albuquerque-teen-accused-of-2-murders-released-with-gps-ankle-monitor/6425548/?cat=500

https://www.abqjournal.com/2481710/apd-slams-judge-for-releasing-man-facing-2-homicide-charges.html

APD Spokesman Gilbert Gallegos was asked why Medina believed Avila was the root of gun violence. In response, Gallegos said there is probable cause to believe Adrian Avila committed 2 homicides, and the community has a right to be concerned about the release of someone who faces such serious charges. Gallegos in a statement wrote:

“Mr. Assed is entitled to his opinion. He is a defense attorney and he is understandably concerned about the murder charges against his client. … Chief Medina is focused on the safety of the community and getting justice for the murder victims and their families.”

https://www.abqjournal.com/2482782/attorney-for-murder-suspect-alleges-apd-chief-libeled-his-client.html

 DEMAND FOR RETRACTION

On March 24, 2022, Ahmad Assed, the attorney for Attorney for Adrian Avila wrote a demand letter to Mayor Tim Keller demanding a retraction of the APD FACEBOOK posts and statements made by APD Chief Harold Medina on the subject of Mr. Avila’s pretrial release. The letter state’s Medina’s inflammatory statements were distributed widely through APD’s social media channels, including Facebook and Twitter, and that the statements constituted libel subjecting the City of Albuquerque, APD, and Chief Medina to suit under the New Mexico Tort Claims Act.

The Assad letter is remarkable in its content and scope and states in part as follows:

“According to APD’s Facebook page, [the FACEBOOK post] was shared approximately 1,800 times. Some comments … advocated for “street justice” against Mr. Avila, which can only be interpreted as calls for violence against a young man, presumed to be innocent, who had proven to the court that there are a set of conditions that that can keep the community and other people safe while he is on release. This is consistent with the law that governs pretrial release. …

While public officials are generally not liable for torts committed in the scope of their duties … [my client] contends that that these reckless statements expose the City, APD, and Chief Medina to liability under an exception to the [Tort Claims Act] …

“The immunity granted [to law enforcement]  … does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights, the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence, failure to comply with duties established pursuant to statute or law or any other deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.”
… .
According to the City’s data, crimes against persons in Albuquerque have been steadily rising since 2018. … It is patently false to accuse Mr. Avila of being “the reason for” gun violence in Albuquerque. It is clearly libelous and falls squarely within those acts for which government officials are subject to the [Tort Claims ACT]
… .

[Chief Medina’s] statements affect Mr. Avila’s reputation, and expose him to hatred, contempt, ridicule, and degradation or disgrace. … . [T]these libelous statements subject not only Mr. Avila, but his family, to grave danger during the pendency of this case.

Finally, and perhaps most troubling, Chief Medina’s statements demonstrate a total disregard for the presumption of innocence that Mr. Avila, and every accused, enjoy while pending trial.

If APD is so quick to callously ignore the most fundamental right of defendants, it is evidence that APD cannot be trusted to protect the many other fundamental rights afforded to suspects and defendants by the United States Constitution. This behavior is precisely of the sort that has subjected APD to intense scrutiny for more than a decade.

APD must retract this statement, not only because it subjects itself to legal consequences otherwise, but also in the interest of preserving public confidence in its ability to protect our community.”

You can review the entire unedited Assad letter at this link:

https://www.kob.com/kobtvimages/repository/cs/files/2022_03_24%20Letter%20to%20Mayor%20re%20APD%20statement.pd

COMMENTARY AND ANALYSIS

There is no doubt that APD Chief Harold Medina and his APD Public Information flack Gilbert Gallegos know exactly what they are  doing with their social media propaganda releases attacking private citizens and judges. They are both taking it to an all-time low level.  They know damn well their social media posts generate extreme hostility and mistrust towards private citizens and judges by those who support APD and we have a Mayor who is allowing them to get away with it.

The condescending drivel and very dismissive remarks by APD Spokesman Gilbert Gallego’s questioning the motives of private citizens, private attorneys and also attacking judges for their decisions is dangerous.   It’s the dangerous drivel coming from APD Spokesman Gilbert Gallegos and Chief Medina that reflect what is so very, very wrong with APD on so many levels.

A citizen who has what they believe are legitimate complaints about APD does not mean APD has the right to vilify them or take issue with them and just presume that what they say is  inaccurate requiring a public “push back”. It does not mean APD has the right to engage in libel and slander nor violate people’s first amendment rights of free speech nor for that matter due process of law when it comes to the criminally charged.

IRRESPONSIBLE HYPERBOLE TO VILIFY AND SLANDER

From a public information standpoint, there is no problem with law enforcement giving interviews and posting on social media information regarding law enforcement initiatives, the status of an investigation and even arrests. However, when it comes to pending criminal prosecutions, APD has no business posting on social media anything that will jeopardize the successful prosecution of a case and anything that vilifies a judge who must decide that case.  Medina and APD posting on social media to express “opinions” regarding a judge’s decision to release a defendant pending trial was irresponsible hyperbole to inflame the public against the court and in a real sense it placed a judge in harm’s way.

Chief Medina and APD Spokesman Gilbert Gallegos also have a warped  misunderstanding of their role when it comes to dealing with the general public and processing citizens’ complaints and talking to citizens in general.  Their attitude as reflected by the TWIITER posts is that unless you agree with APD and all of its actions, you are “anti cop” and you are a “cop hater”.  Chief Medina and APD Spokesman Gallegos taking to social media to respond to what’s posted on a public forum that they personally disagree is irresponsible and it is dangerous and eventually it going to get someone hurt.

It’s a practice Mayor Tim Keller should not tolerate from his Chief let alone a public relations flack like Gilbert Gallegos as APD spokesperson. Mayor Tim Keller should tell both his Chief and the APD Spokesperson to tone it down and show more respect to the public that they are supposed to “serve and protect” not “vilify and slander.”

Keller should also rescind APD’s social media policy and instruct the city attorney’s office to review and approve all of  APD’s social media posts to ensure that its not engaging in libel and slander of private citizens.

The link to a related blog article is here:

https://www.petedinelli.com/2022/03/28/dangerous-drivel-from-chief-harold-medina-and-public-relations-flack-gilbert-gallegos-vilifying-a-judge-both-need-to-knock-it-off-with-social-media-propaganda-vilifying-judges-an/

Dawn Legacy Pointe has withdrawn its application for a Safe Outdoor Space for a city sanctioned homeless encampment to house 50 woman who are victims of sex trafficking in tents near the Big I on Menaul. A “Safe Outdoor Space” is defined as a lot, or a portion of a lot, developed to permit homeless encampments with 40 designated spaces for tents, allowing  upwards of 50 people, require hand washing stations, toilets and showers, and  require a management plan, fencing and social services offered.

The application withdrawal comes after a March 16 appeal decision by City Land Use Hearing Officer Steven M. Chavez granting the appeal of 7 organizations. Appealing the Planning Department decision were the Santa Barbara-Martineztown Neighborhood Association; Crowne Plaza hotel; LifeRoots Inc.; Sunset Memorial Park, Greater Albuquerque Hotel and Lodging Association; Menaul School; and Albuquerque Hotel Project. The SOS would be a tent  encampment for 50 homeless woman who are victims of sex trafficking. The postscript to this blog article contains a short history of the appeal and the grounds for the appeal.

EDITOR’S NOTE:  Private Attorney at Law Pete Dinelli  assisted  pro bono with the writing of the Santa Barbara Martineztown Neighborhood Association appeal of the Dawn Legacy application for a Safe Outdoor Space on Menaul and has reported on www.PeteDienlli.com  the activities of Mayor Tim Keller and the  City Council on their efforts to enact and include the permissive zoning use Safe Outdoor Spaces in in Integrated Development Ordinance (IDO).

City Land Use Hearing Officer Steven M. Chavez ruling was not final and it was referred to the City Council with the recommendation that the council reverse the Planning Deparments approval of the permissive land use. Under the Integrated Development Ordinance, the city council has the ultimate and final authority over all land use applications with the Mayor having no veto authority. The City Council is scheduled to act on the hearing officer’s recommendations at its until April 3 meeting week, but that will now likely be cancelled.

APPEAL OF APPLICATION

The city Planning Department’s  approval of the  Dawn Legacy Pointe’s application was one of the most divisive decisions not only for the actual location of the SOS but for the manner in which it was approved in the first place by the Keller Administration. The application was approved behind closed doors, the Keller Administration gave preferential treatment to the applicant including identifying city owned property and committing financial resources and not giving adjacent property owners notice of the application.  The 7 appellants  argued  the SOS would detrimentally impact the area.  Dawn Legacy Pointe submitted a very defective application.

The hearing officer found that 3 of the 7 appeals should be dismissed for “lack of standing”, meaning  a condition that a party seeking a legal remedy must show to bring a claim, finding the appellants were not close enough to the proposed SOS  and  could not make “a rational, clear cause and effect connection of generalized crime with the proposed SOS use not based on conjecture.”  The hearing officer did find that the Dawn Legacy Pointe’s application was seriously defective, incomplete and did not have all the required documents and security plans for review. The hearing officer also found  that the Planning Department’s review process and notice requirement were also defective or deficient.

Last year, the  City Council approved safe outdoor spaces on a 6 to 4 vote. After strong public outcry, City Council Brook Basaan changed her vote and attempted to exclude them.  A 5 vote majority of the City Council now opposes safe outdoor spaces, and the city council on 3 occasions passed legislation to outlaw or otherwise stymie them.  Mayor Tim Keller’s vetoes of the legislation and the council not having the votes to override the veto’s have ensured they remain possible.  Mayor Keller  lacks authority to veto City Council decisions on land-use appeals like the Dawn Legacy Pointe case.

THREAT TO CARRY ON

After announcing the withdrawal of the application, Brad Day, a volunteer consultant for Dawn Legacy Pointe, announced defiantly  he plans to submit another application, and perhaps  even more than one,  in an effort to give Albuquerque’s homeless population new options. Day said this about future applications:

“We’re not going to stop until we start making some dents in this homeless problem. … We will make sure there is no question that all the documents are there,  more than enough.”

Day declined to not say for sure if the next application would be for the same site, said it was a possibility, but he is looking also at other locations. He declined to identify the other sites.  The City did not say if it intended to continue to offer the city owned Menaul property to be used for a Safe Outdoor Space.

The links to quoted news source materials are here:

https://www.abqjournal.com/2586136/application-for-camp-site-for-albuquerque-homeless-withdrawn.html

MENAUL PROPERTY BEING LOOKED AT FOR  GARBAGE TRANSFER STATION

In addition to the Dawn Legacy Pointe plan to establish and operate a “Safe Outdoor Space” at 1250 Menaul Blvd, NE to provide a tent encampment for 50 women who are homeless and who are “sex-trafficking victims”, the city’s Solid Waste Department wants to use 1 of the 2 adjoining city owned parcels  of land for a garbage transfer station.  The transfer station would allow individual city trash trucks to drop off their loads so larger vehicles could then transport the garbage to the landfill. It has been reported that while the city  has looked at other sites for the garbage transfer station, the Menaul property is the only location currently under consideration.

MENAUL METROPOLITAN REDEVELOPMENT AREA  (MRA) APPROVED

In February and March the Albuquerque Development Commission and the Albuquerque City Council respectively approved Menaul Metropolitan Redevelopment Area (MRA).  The newly created MRA is directly East on Menaul and borders the freeway and the Dawn Legacy Point SOS area. The Menaul Boulevard corridor is characterized by its important role within the economy of Albuquerque. The area is well located and central to the city with access to both Interstate 40 (I40) and Interstate 25 (I25) and in close proximity to the rail lines and the airport. There are stable and well-established neighborhoods to the north.

COMMENTWARY AND ANALYSIS

It’s a damn shame that Mayor Tim Keller and his Administration have pushed as aggressively as they have in establishing Safe Outdoor Spaces.  Keller and his administration have put the public through the emotional wringer by requiring residents, businesses and neighborhood associations to file appeals, spend enormous amounts of time and energy, attorney fees and emotional capital to stop safe out door spaces.  This is all because of Mayor Keller refuses to listen to people. He has the attitude of “let the public be damned”  and “I know what best for my city”. This is not the way government is suppose to work and its not Keller’s City as he runs around with a smile on his face and a grin in his voice telling everyone he knows what’s best for our neighborhoods.

The threat by Brad Day and  Dawn Legacy Pointe that they intend submit other applications for Safe Outdoor Spaces need to be taken seriously by the city, neighborhood associations  and businesses. The City Council has already approved amendments to the Integrated Development Ordinance that allows 2 Safe Outdoor Spaces for each of the 9 city council districts for a total of 18. Two applications have already been approved, one at the city owned property  westside shelter and one at the “Coming Home” unhoused facility on Candelaria.

Now that Dawn Legacy Pointe has withdrawn its application for a Safe Outdoor Space, the Keller Administration needs to withdraw immediately the availability of the city owned lots at 1250 Menaul Blvd, NE for any Safe Outdoor Spaces.  The City Council needs act immediately and enact legislation that prevents the city from making available for safe outdoor spaces any city owned open space zoned for industrial, commercial or residential use.

DIVISIVE ISSUE

Safe Outdoor Spaces have been one of the most divisive issues in the city for the last full year. 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. 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, another Tim Keller bright idea. 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. City residents and businesses need to be vigilant.

The Planning Department and the  Family and Community Services Department went out of their way to give preferential treatment and financial aid to the Dawn Legacy  applicants for a Safe Outdoor Space for unhoused woman who are “sex-trafficking victims”. Never mind the fact that victims of sex trafficking need stable and permanent housing and services and placing such women in tents to live is very degrading and revictimizes them again.

It was  Mayor Tim  Keller who on April 1, 2022 first advocated  for “Safe Outdoor Spaces” by sneaking  $950,000 in his 2022 general fund budget for them. The City Council haplessly agreed  to  Safe Outdoor Spaces zoning amendments and then reversed course after public outcry and anger.  Three times the City Council attempted  to exclude them but they  failed with Keller vetoing the city council measures.

Only in the screwed up “Burque World” of Mayor Tim Keller can it be imagined that 2 adjoining lots of prime commercial property own by the city worth upwards of $7 million would be used for a Safe Outdoor Space  for  a tent encampment for women who are “sex-trafficking victims” and then the city would  construct and run  a “garbage transfer station” next to it and approve a Metropolitan Redevelopment area.  As has been originally proposed both the Safe Outdoor Space and the Solid Waste Transfer station would literally border on the West of the Menaul Metropolitan Redevelopment Area. The optics are so very representative of the kind of failed Mayor Tim Keller has become and how messed up he operates and thinks.

 ________________

POSTSCRIPT

HISTORY AND GOUNDS FOR SOS APPEAL

It was on Friday, March 16, in a  48 page decision, that City Land Use Hearing Officer Steven M. Chavez granted the appeal of 7 organizations to stop the City and the charitable organization  Dawn Legacy Pointe  from constructing a Safe Outdoor Space (SOS) on two city own lots located at 1250 Menaul Blvd. NE.

It was on September 28, 2022 after an appeal hearing  that Land Use Hearing Officer Steven M. Chavez sent back to the Planning Department  the original Dawn Legacy Pointe application, The hearing officer ordered   the City to give legal notice to adjacent property owners and hold a  hearing on the application.  The City Planning Department had originally granted the Dawn Legacy application for the SOS behind closed doors without giving notice to surrounding property owners, neighborhood associations and businesses as require by law. The Planning Department held no public hearing on the application and   the Family Community Services Department gave Dawn Legacy assistance in identifying city property for the SOS, assisted with its design and with the application and agreed to provide funding.

On December 22, 2022   the Planning Department  granted for a second time approval for Safe Outdoor Space (SOS)  on  the city owned lots  at 1250 Menaul Blvd, NE.   The proposed Legacy Point Safe Outdoor Space is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel

MAJOR GROUNDS FOR APPEAL OUTLINED

The Santa Barbara-Martineztown Neighborhood Association outlined the major  rounds for their appeal which  are worth noting:

1. The City Planning Department failed to follow City policies, procedures, and regulations required for the approval of the Safe Outdoor Spaces and applications for “special use” or “conditional use” zoning.

2. The city planning department “fast tracked” the Dawn Legacy application to approve the application just 8 days before the City Council could repeal the Safe Outdoor Space amendment on August 16 thereby acting in bad faith and to the determent of other property owners and businesses in the area.

 3. The City of Albuquerque Planning Department unilaterally decided to review and grant the Dawn Legacy Point application behind closed doors without any public input, without notice to adjacent and surrounding property owners and without any public hearings.

 4. The City of Albuquerque failed to notify the SBMTNA of the Safe Outdoor Space application filed by Dawn Legacy Pointe for 1250 Menaul NE and failed to allow input thereby denying the association due process.

 5. The City Planning Department gave preferential treatment to the Dawn Legacy applicants by working with the applicants to identify city property to be used for a Safe Outdoor Space  with the City Family and Community Services Depart agreeing to fund operating costs, with both city departments not affording other potential applicants the same opportunity.

 6. The city council failed to enact operating procedures for Safe Outdoor Space encampments and failed to provide direction to the City departments charged with approving or disapproving Safe Outdoor Spaces applications and allowed approvals to be made without any kind of objective, standards-based decision-making process.

7. Dawn Legacy submitted a plagiarized operating procedure of a nonprofit unsanctioned encampment in another city and the City accepted those operating procedures.

8. The security plan offered Dawn Legacy Pointe and approved by the city for the homeless camp is defective and insufficient for the campsite to ensure safety of the tenants.

9. The City of Albuquerque Planning Department and the Solid Waste Department  knowingly allow ed  the establishment of a public nuisance in the form of a Safe Outdoor Space in the Martinez Town Santa Barbara Neighborhood. The Planning Departments actions are tantamount to the City allowing Coronado Park to become the city’s DeFacto city sanctioned homeless encampment in violation of the city’s own public nuisance law and city ordinances.

 10. The City of Albuquerque Planning Department did nothing to provide processes for development decision of 1250 Menaul NE to ensure a balance of the interests of the City, property owners, residents, and developers and ensure opportunities for input by affected parties.

 11. The operation and existence of a Safe Outdoor Space encampment at 1250 Menaul NE  have had  a determental impact on the Martinez Town Santa Barbara neighborhood and will adversely affect property values and interfer with residence peaceful use and enjoyment of their residential properties.

12. The encampment as proposed for 1205 Menaul, NE will become a magnet for crime and prostitution, or illicit drug trade given that it is in close proximity to a truck stop known for prostitution and illicit drug activity amongst law enforcement.

13.  The location is directly across the street from a major call center and a Quality Inn & Suites and within walking distance of Menaul Boarding School and apartments. Occupants of the Safe Outdoor spaces are not confined and are free to go and come as they please and will  easily wind up uninvited wherever they want to go, including the truck stop, and disrupt the peaceful use and enjoyment at any one of those locations or engage in illicit activity themselves.

ALLEGATIONS MADE BY OTHER APPELANTS

In addition to the above grounds for the appeal offered by the Santa Barbara-Martineztown Neighborhood Association, other appellants have alleged their own unique argument againsts the Dawn Legacy Point Safe Outdoor Space.  Those argument includeD the following:

Menaul  School argued that the safety of their students will be placed in jeopardy by the encampment and that the encampment will attract other homeless to school grounds. The school  said uninvited homeless have already been on the school grounds resulting in security measures taken,

Sunset Memorial Park argued that it is already experiencing unacceptable  trespassing of the homeless requiring increasing security and cleanup efforts. Homeless have been reported trespassing on the cemetery grounds using fountains for bathing and defecating and interfering with burial ceremonies.  The cemetery believes that the Dawn Legacy Point Safe Outdoor Space will contribute to the problem.

The Crown Plaza reported an unacceptable number of the homeless have  accosted its clientele in its parking lot and on hotel property and that the Safe Outdoor Space will attract more homeless to the area or its  occupants to the motel soliciting from the hotel clientele.

 

This blog article reveals the lengths Mayor Tim Keller, all 9 Albuquerque City Councilors and city hall employees have gone to stifle critics or simply ignore what is said about their actions, votes and policies. Blocking of emails is occurring at city hall when citizens express their feelings on hot-button issues or disagree politically or personally with an elected official. It’s an affront to democracy by suppressing free speech and the press.  As elected officials, they want to pick or exclude who they want to hear from on issues and policies and who they want to get email from.

PETE DINELLI NEWS AND COMMENTARY POLITICAL BLOG

www.PeteDinelli.com is a News and Commentary political blog that began publishing on October 27, 2016.  Over the last 6 years 1,662 blog articles  written by Pete Dinelli have been published.  According to the blog’s tabulator maintained by a paid administrator, the blog articles average between 75,000 to 80,000  total views and reads a year.  The blog itself is a hobby in retirement.  There is no advertising, it does not generate income and is written as a community service.  Dinelli Blog articles are first published separately at www.PeteDinelli.com and then posted separately on FACEBOOK. Blog article titles and links to them are emailed to others.

The goal is to make blog articles informative and insightful based on research and to propose solutions to problems identified.  Past blog articles have been on topics such as the Department Of Justice Court Approved Settlement Agreement (CASA), federal court hearings on the CASA, the criminal justice system, the minimum wage, mandatory sick leave, public finance campaigns, economic development, abortion rights, gun control, the unhoused, economic development, municipal and state elections, the New Mexico State legislature and city, state and national news and politics.  The articles contain links to research materials and news articles followed by “Commentary and Analysis” where solutions are proposed.  Every effort is made to avoid politcal gossip.

Dinelli blog articles reporting on the Department Of Justice Court Approved Settlement Agreement (CASA), the federal court status conference hearings and the Federal Monitor’s reports have been emailed to the Federal Court and the parties to the lawsuit.  The court has docketed the blog articles in the court record as public comment  and as such  they  are part of the case public record . The articles have been emailed with the titles of the article and links to them  to the APD Command Staff,  City Attorney, the  Mayor and City Councilors and were never returned as undelivered.  A link to a blog article listing blog articles is here:

https://www.petedinelli.com/2021/12/23/dinelli-blog-articles-on-the-doj-reforms-federal-monitors-reports-apd-and-the-police-union/

Ever since publication began, the blog article titles and links have been emailed to elected city, county and state officials and appointed officials with the hope that they would read the articles. The News and Commentary section is offered to state a position, stimulate discussion and debate and offer solutions.  I submit guest opinion columns to the Albuquerque Journal and the online news agency “The New Mexico Sun” on a regular basis which have been published by those news outlets.

TWO RECENT PUBLISHED BLOG ARTICLES RESULTING IN BLOCKING

On Wednesday, March 22, the following blog article with its link was published:

“City Pays Obscene Millions Of Overtime To Select Few First Responders Despite Repeated Scandals Of Paying 2 and 3 Times Base Pay;  $34,380 Bonus And Longevity Pay To  19  Year Cop Veterans; An In Depth Review Of The 4 Year History Of Overtime Abuse Allowed By Hapless Mayor Tim Keller And City Council”

https://www.petedinelli.com/2023/03/22/city-pays-obscene-millions-of-overtime-to-select-few-first-responders-despite-repeated-scandals-of-paying-2-and-3-times-base-pay-34380-bonus-and-longevity-pay-to-18-year-veterans/

The March 22 blog article title and link was emailed to Mayor Tim Keller, the City Councilors,  Department Directors, including APD and the Fire Department and support staff and all 9 Albuquerque City Councilors and their support staff. None of the emails were returned as undeliverable nor blocked. The blog article likely  hit a major nerve because individual salaries and names were given of Department heads and city employees, all of which is public record and found on a city web page listing the top 250 wage earners at city hall.

On Thursday, March 23,  the following blog article was published:

“APD Chief Harold Medina Embellishes City’s “Slight”  Decline In Crime Rates Claiming APD Fighting “Perception Of Crime”;  Reality Is ABQ Has Become Violent City; “Figures Don’t Lie, But Liars Figure” And Programs Fail”

https://www.petedinelli.com/2023/03/23/apd-chief-harold-medina-embellishes-citys-slight-decline-in-crime-rates-claiming-apd-fighting-perception-of-crime-reality-is-abq-has-bec/

Within 15 minutes of sending the March 23 email with the blog article title and link, 108 emails ostensibly sent by the City of Albuquerque Information Technology (IT) Department were received by Pete Dinelli on his private AOL email account.  Each email received stated:

“Sorry, we were unable to deliver your message to the following address.<ADDRESS OF RECIPIENT [containing name of city employee]>: …  < ADDRESS OF RECIPIENT>: Recipient address rejected: BLOCK-SENDER”

 The postscript to this blog article lists the individual email addresses from which returns were sent stating “Recipient address rejected: BLOCK-SENDER”

SYSTEMIC CITY-WIDE BLOCKS

Other emails were sent to determine the extent to which Dinelli emails have been blocked by city employees.  It has been determined that at least 251  city employees have had their email addresses block Dinelli emails and each again contained the following:

“Sorry, we were unable to deliver your message to the following address. <ADDRESS OF RECIPIENT [containing name of city employee]>: …  < ADDRESS OF RECIPIENT>: Recipient address rejected: BLOCK-SENDER”

The 251 emails are  from the Mayor’s Office, the City Council, the Internal Audit Department, the Albuquerque Police Department, the Fire and Rescue Department, the Family and Community Services Department and  the Planning Department.  APD staff that have blocked include the APD Chief, the Deputy Chiefs, Area Commanders and Captains. The Chief and Deputy Chiefs of the Fire and Rescue Department have also blocked.  The Internal Audit Department has also blocked.

Telephone contact has been made with various city hall employees listed below in the postscript.  Those contacted have advised that they were unaware that their emails are blocking Dinelli emails.

 COMMENTARY AND ANALYSIS

Dinelli emails were sent with the intent to comment upon and to make part of the record opinions on the activities of the mayor, all the city councilors, department and the official business of the city.  It is protected free speech.

Because of the swift rejection and notification  from 251  city hall employees, one immediately received right after another, it is clear the emails sent were rejected all at once by the City’s Information Technology (IT) Department.  What is also abundantly clear is that there has been a city-wide blocking that is systemic. Telephone contact was  made with city hall  sources  and they confirmed  that they  were unaware, not told and had not asked  that Dinelli emails be blocked.

It is painfully obvious that a direct order was given by someone within the Keller Administration to block all Pete Dinelli emails sent to the mayor, all 9 city councilors and their appointees,  support staff and departments.  An order to block was likely given because of recent blog articles that have been critical of Mayor Tim Keller, his administration and the City Council, none of whom want to hear from any critic.

BLOCKING VIOLATES FIRST AMENDMENT RIGHTS

The Dinelli blog is clearly marked “NEWS AND COMMENTARY” and as such it is no different than any other on-line news outlet. City Councilor Pat Davis owns 3 such news outlets, yet he has blocked Dinelli emails distributing the Dinelli news and commentary articles. The Albuquerque Journal and all 3 local TV news agencies would under no circumstances tolerate such blockage of their reporters and would consider it an affront of first amendment rights and the right of “free speech” and “freedom of the press”.

It’s likely the American Civil Liberties Union (ACLU) has a position on government blocking of emails seeing that it has already opined that elected officials cannot block on social media posts of critics, something Mayor Keller is known to have done on his FACEBOOK page.  The ACLU has said that public officials can block on social media comments NOT protected by the First Amendment, such as remarks that make a true and immediate threat to another person, incite others to imminently violate the law, or contain obscene language as outlined by the U.S. Supreme Court. However, comments that  criticize the elected official or government agency on a particular subject are allowed and cannot be deleted or blocked.  It is more likely than not that Federal  Courts would rule that government officials cannot block emails from  private citizens or the press that are protected free speech and sent in the regular course of business.

Court Rules Public Officials Can’t Block Critics on Facebook

https://www.aclunebraska.org/en/know-your-rights/know-your-rights-social-media-censorship-public-officials#:~:text=Public%20officials%20can%20block%20comments,by%20the%20U.S.%20Supreme%20Court.

LIKELY REASONS FOR BLOCKING

Recent Dinelli blog articles over the last few months have included articles that have opposed Mayor Tim Keller’s initiatives, individual City Councilors sponsored legislation, actions and votes, APD Chief Harold Medina and APD Spokesperson Gilbert Gallegos, Mayor Tim Keller’s “Housing Forward ABQ Plan” and city hall salaries and overtime pay abuses.   Articles have been published opposing Safe Outdoor Spaces for the unhoused and proposed zoning changes to allow casitas and two-family home additions in all areas of the City.

I assisted privately pro bono with the writing of the Santa Barbara Martineztown Neighborhood Association appeal of the Dawn Legacy application for a Safe Outdoor Space on Menaul with the appeal successful and granted by the hearing officer. It was referred to the City Council who will have the final say.

I have attended 3 city sponsored events on Keller’s “Housing Forward ABQ Plan” and have questioned city staff voicing objections and concerns.  I also took Mayor Keller to task over violating the state anti-donation clause and spending $260,000 to buy artificial turf for a private football team and installing the turf in a Rio Rancho facility.

CENSORSHIP AND VIOLATION OF FIRST AMENDMENT RIGHTS

The blocking of Dinelli emails is so very wrong on too many levels and those levels include the following:

1. It is considered censorship and a flagrant attempt to stifle free speech and to suppress critics.
2. It deprives constituents and the public the right to contact their duly elected city officials and public safety officials.
3. The mass blocking of any  E-Mail that involves city business  constitutes abuse of City Information Technology (IT) System paid for by taxpayers.
4. E-mail accounts are not the elected official’s property nor the individual employee’s property and they do not have the right of censorship by blocking a person’s emails because they do not want them or do not care to read them.
5. There is no right of expectation of privacy when it comes to city email accounts. The email addresses are a matter of public record that the public are entitled to access and send communications.
6. Any citizen who is blocked by APD and Albuquerque Fire and Rescue can be placed into jeopardy unable to make contact by email to report and document incidents.

NOT THE FIRST TIME

This is not the first time and attempt has been made to stifle free speech by the city officials and departments.

I have had sharp email exchanges with my own city Councilor and 2 others where we have  disagreed on an issue  and it resulted in all 3  demanding I stop emailing them and they attempted  to block me. I have also sent emails to the city attorney asking for information on pending litigation and never received a response and now have been block by the city attorney.

Every citizen has the right to contact their elected officials and government officials by email and freely complain and voice their opinions, no matter how negative or unfair the elected or government officials feels it is. To block any email sent with the intent that it be received as official business to find out information or express an opinion is politcal retaliation at its core and it needs to stop immediately.

In the not-too-distant past, the on-line news agency ABQ Raw was forced to publicly voice objections over being denied information they were entitled to and it did so at a City Council meeting.

UNANSWERED QUESTIONS

There are 4 major questions that need answering:

1. How many other emails of private citizens or for that matter of the press or reporters have been blocked by Mayor Keller, the City Council, city employees and Departments?
2. How many city employees actually requested Dinelli emails be blocked or know that emails are being block without their knowledge or consent?
3. Did the city IT and at the direction of someone within the Keller Administration solicit or compile a list of city hall employees who received Dinelli emails with the intent to block them?
4. Who ordered that Dinelli emails be blocked?

These 4 questions cannot be asked by Pete Dinelli if emails are blocked without explanation.  Perhaps someone else or the media who have not been blocked can ask these very questions.

___________________________

POSTSCRIPT

Telephone contact has been made with various city hall employees listed below in this  postscript and they have advised that they were unaware that their emails are blocking Dinelli emails.

EMAIL ADDRESES OF STAFF WITHIN THE MAYOR’S OFFICE WHOSE EMAIL ADDRESS  HAVE BLOCKED DINELLI EMAILS

MayorKellerIQ@cabq.gov  (Mayor Tim Keller)

tkeller@cabq.gov  (Mayor Tim Keller)

lrael@cabq.gov  (Chief Administrative Officer Lawrence Rael)

sbhakta@cabq.gov (Sanjay Bhakta, City Chief Financial Officer)

aaronnieto@cabq.gov  (Aaron Nieto, Mayor’s Constituent Services Aide)

vvaldez@cabq.gov    (Victor Valdez, Superintendent of Police Reform)

robertwhite@cabq.gov  (Robert M. White, Associate Chief Administrative Officer)

lkeefe@cabq.gov    (Laura Keefe, Albuquerque City Attorney)

cpierce@cabq.gov    (Carol Pierce, Director of Family Community Services)

lisahuval@cabq.gov  (Lisa Huval, Deputy Director of Family Community Services)

avarela@cabq.gov (Alan Varela, Planning Department Director)

aarmijo@cabq.gov  (Alan Armijo, Mayors Office of Constituent Services)

dmartinez@cabq.gov  (Damon Martinez, APD Policy Analyst)

hmedina@cabq.gov  (Harold Medina, APD Police Chief)

gilbertgallegos@cabq.gov  (Gilbert Gallegos, APD Spokesman)

 EMAILS ADDRESES  OF CITY COUNCILORS AND STAFF WHOSE EMAIL ADDRESS   HAVE BLOCKED DINELLI EMAILS

tfiebelkorn@cabq.gov (City Councilor Tammy Fiebelcorn)

ibenton@cabq.gov   (City Councilor Issac Benton)

danlewis@cabq.gov  (City Councilor Dan Lewis)

rgrout@cabq.gov  (City Councilor Renee Grout)

lesanchez@cabq.gov  (City Councilor Louis Sanchez)

patdavis@cabq.gov  (City Councilor Pat Davis)

trudyjones@cabq.gov  (City Councilor Trudy Jones)

kpena@cabq.gov (City Councilor Klarissa Pena)

bbassan@cabq.gov  (City Councilor Brook Basaan)

lrummler@cabq.gov (City Councilor Tammy Fiebelcorn’s Administrative Assistant)

EMAIL ADDRESSES OF CITY INTERNAL AUDIT DEPARTMENT STAFF WHOSE EMAIL ADDRESS  HAVE BLOCKED DINELLI EMAILS

marisavargas@cabq.gov
vmeza@cabq.gov
marisavargas@cabq.gov

cbarros-montoya@cabq.gov

stmartin@cabq.gov

lcrendon@cabq.gov

EMAIL ADDRESSES OF APD COMMAND STAFF WHOSE EMAIL ADDRESS HAVE BLOCKED DINELLI EMAILS

hmedina@cabq.gov

jbrown@cabq.gov

cbarker@cabq.gov

clowe@cabq.gov

msmathers@cabq.gov

jgriego@cabq.gov

gilbertgallegos@cabq.gov

ajaramillo@cabq.gov,

dsaladin@cabq.gov

llanguit@cabq.gov

tespinosa@cabq.gov

snorris@cabq.gov

pduran@cabq.gov

jgarcia@cabq.gov

jviers@cabq.gov

khartsock@cabq.gov

dsaladin@cabq.gov

jbrown@cabq.gov

jcollins@cabq.gov

snorris@cabq.gov

rbarraza@cabq.gov

llanguit@cabq.gov

mdietzel@cabq.gov

msmathers@cabq.gov

mmeisinger@cabq.gov

tbowie@cabq.gov

tapodaca@cabq.gov

jviers@cabq.gov

nwheeler@cabq.gov

mmeisinger@cabq.gov

jgriego@cabq.gov

larmijo@cabq.gov

cbarker@cabq.gov

nsanders@cabq.gov

khartsock@cabq.gov

jjanopoulos@cabq.gov

rnelson@cabq.gov

clowe@cabq.gov

ajaramillo@cabq.gov

jgriego@cabq.gov

rlegendre@cabq.gov

dfranklin@cabq.gov

jsanchez@cabq.gov

dmartinez@cabq.gov

jcollins@cabq.gov

gweber@cabq.gov

dsaladin@cabq.gov

mdietzel@cabq.gov

llanguit@cabq.gov

snorris@cabq.gov

tespinosa@cabq.gov

pduran@cabq.gov

jgarcia@cabq.gov

jyara@cabq.gov

tespinosa@cabq.gov

zwesley@cabq.gov

jviers@cabq.gov

EMAIL ADDRESSES OF FIRE AND RESCUE CHIEF COMMAND STAFF WHOSE EMAIL ADDRESS HAVE BLOCKED DINELLI EMAILS

evjaramillo@cabq.gov

kferando@cabq.gov

santosgarcia@cabq.gov

nmeisner@cabq.gov

kromero@cabq.gov

EMAIL ADDRESSES OF FAMILY AND COMMUNITY SERVICE DEPARTMENT STAFF  WHOSE  EMAIL ADDRESSES  HAVE BLOCKED DINELLI EMAILS

cpierce@cabq.gov

lisahuval@cabq.gov

fcsinfo@cabq.gov

mbriscoe@cabq.gov

ebenavidez@cabq.gov

jotero@cabq.gov

msena@cabq.gov

marmijo@cabq.gov

ebraden@cabq.gov

mtmontoya@cabq.gov

EMAIL ADDRESES OF PLANNING DEPARTMENT STAFF WHOSE EMAIL ADDRESS  HAVE BLOCKED DINELLI EMAILS

avarela@cabq.gov

asalas@cabq.gov

jwolfley@cabq.gov

jaranda@cabq.gov

jkeiser@cabq.gov

rrose@cabq.gov

jwolfley@cabq.gov

twalsh@cabq.gov

rlucerocabq.gov

asalas@cabq.gov

codeenforcement@cabq.gov

clehner@cabq.gov

mmyers@cabq.gov

dking@cabq.gov

steven@stevenchavezlawfirm.com

EMAIL ADDRESES OF CITY ECONOMIC DEVELOPMENT STAFF WHOSE EMAIL ADDRESS  HAVE BLOCKED DINELLI EMAILS

dlara@cabq.gov

chrisjchavez@cabq.gov

ckay@cabq.gov

mmitchell@cabq.gov

sonjaromero@cabq.gov

swheeler@cabq.gov

cmccrossen@cabq.gov

rcavalier@cabq.gov

smgarcia@cabq.gov

gmarques@cabq.gov

msilva@cabqmbdacenter.com

mzientek@cabq.gov

trtaylor@cabq.gov

randy@nmtradealliance.org

cnunez@cabq.gov

mleech@cabq.gov

sgriffin@cabq.gov

mdimenna@cabq.gov

cpierce@cabq.gov

jmartinez@cabq.gov

mscott@cabq.gov

asanchez@cabq.gov

mwhelan@cabq.gov

shults@cabq.gov

kmitchell@cabq.gov

mlozoya@cabq.gov

kreed@cabq.gov

ksourisseau@cabq.gov

ltruong@cabq.gov

zamoraisabelle82@gmail.com

mcarter@cabq.gov

mmatishak@cabq.gov

naperry@cabq.gov

augustineromero@cabq.gov

OTHER EMAIL ADDRESSES OF CITY HALL EMPLOYEES WHOSE EMAIL ADDRESS BLOCK DINELLII EMAILS

Following are the email addresses of city employees who have blocked emails from Pete Dinelli  and include employees who work for APD, the Planning Department, the Family and Community Services Department, the City Council and Mayor Keller.  The email addresses of city employees who attended by ZOOM federal court hearings on the CASA and who provided their email addresses to the court are also listed.  The emails addresses were obtained by reviewing city department personnel listings or received in sperate emails: 

khartsock@cabq.gov

larmijo@cabq.gov

asalas@cabq.gov

dcawley@cabq.gov

clehner@cabq.gov

truiz@cabq.gov

nwheeler@cabq.gov

mbriscoe@cabq.gov

tbowie@cabq.gov

tespinosa@cabq.gov

dfranklin@cabq.gov

tapodaca@cabq.gov

msena@cabq.gov

nmeisner@cabq.gov

mmyers@cabq.gov

galvarez@cabq.gov

eholguin@cabq.gov

dawnmarie@cabq.gov

cortega@cabq.gov

namolina@cabq.gov

mrenz@cabq.gov

vstjohn.pob@cabq.gov

rrmiller@cabq.gov

kmensah@cabq.gov

seanforan@cabq.gov

emoore@cabq.gov

nsanders@cabq.gov

cortega@cabq.gov

mdimenna@cabq.gov

gbachicha@cabq.gov

rbarraza@cabq.gov

galvarez@cabq.gov

mmeisinger@cabq.gov

dsimon@cabq.gov

jhejny@cabq.gov

tbowie@cabq.gov

tcovington@cabq.gov

arromero@cabq.gov

jviers@cabq.gov

jgarcia@cabq.gov

mmanriquez@cabq.gov

khartsock@cabq.gov

rmhernandez@cabq.gov

jjanopoulos@cabq.gov

jyara@cabq.gov

jrodenbeck@cabq.gov

cmelendrez@cabq.gov

dparras@cabq.gov

agarcia@cabq.gov

rmcdermott@cabq.gov

rebner@cabq.gov

dsaladin@cabq.gov

gweber@cabq.gov

jareeves@cabq.gov

zwesley@cabq.gov

zcottrell@cabq.gov

bmaceachen@cabq.gov

kmorrow@cabq.gov

blong@cabq.gov

galvarez@cabq.gov

mrenz-whitmore@cabq.gov

julianmoya@cabq.gov

jmaranda@cabq.gov

jwolfley@cabq.gov

ASalas@cabq.gov

mrenz@cabq.gov

vstjohn.pob@cabq.gov

llanguit@cabq.gov

rlegendre@cabq.gov

tespinosa@cabq.gov

cbarker@cabq.gov

mtmontoya@cabq.gov

evjaramillo@cabq.gov

caortega@cabq.gov

patrick@cabq.gov

ebraden@cabq.gov

dmanzano@cabq.gov

kferando@cabq.gov

jdamazyn@cabq.gov

jgarcia@cabq.gov

rlucerocabq.gov@aol.com

twalsh@cabq.gov

cmelendrez@cabq.gov

jcoulloudon@cabq.gov

julianmoya@cabq.gov

jmaranda@cabq.gov,

kmorrow@cabq.gov,

nasanchez@cabq.gov

jwolfley@cabq.gov

smschultz@cabq.gov

pmorris@cabq.gov

COrtega@cabq.gov

jrodenbeck@cabq.gov

mhinojos@cabq.gov

avarela@cabq.gov

mrenz-whitmore@cabq.gov

dawnmarie@cabq.gov

eholguin@cabq.gov

rrmiller@cabq.gov