On Friday, December 16, the New Mexico Department of Workforce Solutions announced that the state’s unemployment rate has been reported as 4.1%. According to a news release from Governor Lujan Grisham’s office, this is the lowest rate New Mexico has reported since June 2008.  In January 2022,  New Mexico’s unemployment  rate was at 5.9%.

The month of  September had a rate of 4.2% which was  the lowest rate at the time for 2022. Nationally, the unemployment rate in November was 3.7%

The news release states in part:

“Our sustained investments in economic growth and workforce development have once again brought New Mexico’s unemployment rate to a 14-year low. … As employment continues to increase and businesses continue to expand, New Mexico is now home to more business establishments than prior to the pandemic. And not only are we creating new jobs, but with record college enrollment and free tuition, we are supporting growing businesses by training New Mexicans for the skilled workforce of the future.”

https://www.myhighplains.com/news/new-mexico/new-mexico-reports-lowest-unemployment-rate-in-14-years/

For more information, visit the New Mexico Department of Workforce Solutions’ website.

New Mexico saw  record highs in unemployment during the COVID-19  pandemic.  In May, 2020 the state had a high of   9.8%  when people were out of work because of  closure restrictions.  Since the 2020 high, New Mexico has seen a steady  drop in the  unemployment rate.

New Mexico had one of the highest rates of unemployment in the country, but by the fall of 2022, the rate began to drop.  According to the US Department of Labor,  as of December, New Mexico tied with West Virginia and California and 9  states and the District of Columbia have higher rates of unemployment.

Reilly White, an associate professor with the University of New Mexico’s Anderson School of Management, said that  New Mexico is now nearly at full employment.  White said this:

“People who are looking for work are generally able to find jobs. That’s a good sign (for) the New Mexico economy. … As we look ahead, though, there are some doldrums on the horizon for the economy. … Likely the consequences will be higher unemployment levels a year from now.”

According to a New Mexico Department of Workforce Solutions,  total nonfarm payroll grew by 24,500 jobs year over year, which is  nearly 3% increase. The private sector saw the highest gains in that arena, up 21,300 jobs. The public sector was up 3,200 jobs, according to the Department of Workforce Solution Report.

The link to quoted news source material is here:

https://www.abqjournal.com/2558036/nm-unemployment-rate-drops-to-lowest-since-june-2008.html

COVID PANDEMIC HAS IMPACTED STATE AGENCIES

Although the private sector is making great strides when it come to making significant progress with reducing unemployment, State Agencies are struggling to fill fully funded but vacant positions.  According to State Personnel Office as of September,  Statewide, there is  a 24.3% average vacancy rate for rank-and-file positions across state government.

Not surprising, the pandemic has hit hardest  the state agencies in health care that have been dealing directly with the pandemic  The Department of Health’s Epidemiology and Response Division reports that it  has nearly as many empty positions as it does employees.  Due to a mix of fatigue, stress, pay levels that lag behind the private sector and other factors, the division had 165 employees and 151 unfilled positions as December 16 ,  which is a staggering  48% vacancy rate.  The state has also lost two chief epidemiologists since 2020, forcing other agency officials to step in and do the work.

Department of Health (DOH) acting Secretary David Scrase told a legislative committee that  many DOH employees were forced to frequently work weekends and holidays during the pandemic.  He said the agency conducted  a departmentwide survey that showed upwards of  70% of employees had experienced anxiety, depression or suicidal thoughts during the COVID-19 pandemic.

Scrase said the Department of Health currently has a 30% vacancy rate and is understaffed in many key positions, including computer technicians and human resources specialists.    Scraase said the department  is working to address the situation. He said the department is using advertising and rapid-hire events to target hard-to-fill positions. It’s also seeking an additional $14 million from the Legislature to recruit and retain new workers.  Scrase said current pay rates for some positions are equivalent to fast-food restaurants, which is unacceptable. Scrase said this:

“Our top priority is really to rebuild our workforce. … There’s a widespread migration out of public epidemiology into the private sector.”

Scrase said employees in the Epidemiology and Response Division are struggling to keep the division running, even as state hospitals report a surge of young patients with different viruses, including the Respiratory Syncytial Virus, or RSV.  The Department of Health recently announced it would stop providing weekly COVID-19 hospitalization, mortality and geographic trend reports on a weekly basis, and instead would issue such reports once every two weeks.

OTHER AGENCY VACANCY RATES IDENTFIED

Full time employee (FTE)  vacancy rates vary across New Mexico state agencies and in fact have  but have been very  high in some departments. Following are the current FTE vacancy rates provided in major state departments:

Department of Health: 30%
Environment Department: 21.7%
Children, Youth and Families Department: 24%
Human Services Department: 15%
Taxation and Revenue Department: 22%
Early Childhood Education and Care Department: 18%

State legislators are raising major concerns  over the  vacancy rates across state government.   Gallup area Demcrat State Senator George Muñoz,  the vice chairman of the Legislative Finance Committee said the state has  a cumbersome state hiring process with an average of 72 days to fill open positions and workforce changes caused by the COVID-19 pandemic have combined to leave some state agencies scrambling to hire and retain employees.  Munoz this about the vacancy rate:

“That is the no. 1 issue affecting state government right now. … We’ve got to be competitive in our market [and pay more].  … I don’t know any attorney who wants to work for $60,000 (a year).”  

Governor spokeswoman Nora Meyers Sackett said Governor  Lujan Grisham will be asking for during the upcoming 60-day legislative session additional wage increases to help recruit and retain more state employees.  Sackett said this:

“The governor fully recognizes that current state employee vacancy rates are not acceptable, and the administration is committed to ensuring that both employees and constituents have the staffing support they need.”

DISSATISFACTION WITH PAY

Rep. Patricia Lundstrom, D-Gallup, is the chair of the Legislative Finance Committee. She said some lawmakers are not convinced that pay raises alone will be enough to solve the state’s vacancy rate issues.  Lundstrom  said some state agencies have not been able to fully utilize funding approved in previous years that was targeted at hard-to-fill positions, such as social workers. Lundstrom said this:

“What’s disconcerting is to have Cabinet secretaries ask for more money for positions when they already have a high funded vacancy rate.”

Looking ahead, Lundstrom said she and other legislators plan on seeking  a new study on the state’s salary structure for rank-and-file workers.  Such a study has not been conducted for about 20 years  and if funding for it is approved during the upcoming session, it could provide lawmakers and state officials with more information about how to better align pay rates and job positions.

RESISTING ORDERS TO RETURN TO WORK

The struggle to reduce vacancy rates across state government and arguments for more funding for pay increases come at a time that the Lujan Grisham  Administration is also struggling to deal with issue of state employees working remotely  from home because of the pandemic. The remote work policy  was negotiated by labor union leaders and Lujan Grisham administration in June 2021.  It allows state workers to do their jobs remotely from home occasionally or entirely, depending on their duties.

On November 30, Gov. Michelle Lujan Grisham’s administration said it was rescinding a telework policy negotiated during the COVID-19 pandemic.  State workers are now being sent emails from  the State Personnel Office ordering them to return to in-person work starting January 3.

After being notified of the decision to rescind the policy, local leaders of the Communications Workers of America union cited frustration about what they described as a lack of communication from the executive branch.  They said there’s no reason to force all state workers who have been doing their jobs remotely to return to the office. State employees  said the remote work policy has allowed workers to act as caregivers and minimize commuting expenses, while still fulfilling their job duties.

Megan Green, executive vice president of CWA’s local chapter who works for the state Environment Department, said this:

“Our concern is this is going to degrade state government and it seems unnecessary.”  

Green  also said chronic challenges across many state agencies with recruitment and retention, with only about 61% of new hires lasting their first year during the 2022 budget year, could be exacerbated by the decision to scrap the telework policy.

New Mexico’s remote work policy for state government employees came under scrutiny after a recent legislative report showed the state is paying up to $18 million for unoccupied office space.  The office space is primarily in Santa Fe. In addition, some lawmakers have expressed concern about customer service issues, including constituent phone calls to some state agencies going unanswered.

The link to quoted news source material is here:

https://www.abqjournal.com/2554327/states-plan-to-rescind-remote-work-policy-draws-criticism-ex-union.html

The reaction to the return to work order has been very negative by union officials.  Alan Tway, the secretary of the CWA Local 7076 union, said many employees are angry and questioned whether the Lujan Grisham administration has the authority to unilaterally rescind the telework policy. Tway said this:

“Even with three years of multi-billion dollar new revenues, the governor offers no recognition that fewer and fewer employees have been carrying more and more of the workload.”

Union leaders are predicting that  state government vacancy rate could rise to 30%, or higher, if the remote work option is rescinded.

The Lujan Grisham administration insists  it is trying to maintain a productive and flexible workforce while also addressing the needs of state residents.  Nora Meyers Sackett, a spokeswoman for the governor, said Lujan Grisham is committed to making state government a “rewarding workplace,” citing recent pay increases for state workers and competitive benefits packages.

https://www.abqjournal.com/2558992/many-state-agencies-vexed-by-high-job-vacancy-rates-ex-department-of.html

COMMENTARY AND ANALYSIS

It is very difficult to reconcile or fully understand that New Mexico’s unemployment rate is dropping to pre pandemic levels in the private sector while at the same time state agency’s  are struggling to fill positions with some agency’s reaching crisis levels.

One thing that is for certain is that full time state government employees, with union assistance, who resist returning to work because they want to work from home plays into the stereo typical reputation that government employees have a sense of entitlement.

It appears the Lew Wallace curse is at play to some extent:

“All calculations based on our experiences elsewhere fail in New Mexico.”

During the last 3 legislative sessions, New Mexico lawmakers have passed bills that addressed gun control.  The legislation has included expanding background check requirements for firearm purchases and passage of a “red flag” law that allows guns to be seized from individuals deemed to pose a threat to themselves or others.  More gun safety laws are expected to be introduce during the 2023 legislative session because of the spike in New Mexico firearm-related deaths.

New Mexico’s firearm fatality rate is among the nation’s highest.  According to the New Mexico Department of Health, there were a total of 562 state residents who died in 2021 due to firearm-related injuries.  This figure is up significantly from the 481 firearm-related deaths in 2020. Of the 562 state residents who died in 2021 due to firearms, 319 cases, were classified as suicides and 243 were classified as homicides. In New Mexico, the rate of 14.9 firearm-related deaths per every 100,000 residents in 2010 nearly doubled over the last decade and there were 23 such deaths for every 100,000 residents in 2020.

The Albuquerque Police Department reported that in November, gun law violations spiked 85% this year alone. The last two years have also been two very violent years for Albuquerque.  The number of homicides in the city have broken all-time records.  In 2021, there were 117 homicides, with 3 declared self-defense reducing homicide number to 114. In 2022, there were 115 homicides as of December 3, 2022. It has also been reported that there have been more APD police officer shootings in 2022 than during any other year before.  In 2022, there have so far been 18 APD Police Officer involved shootings,10 of which were fatal.  In 2021 there were 10, four of which were fatal.

Crime rates in Albuquerque are high across the board. According to the Albuquerque Police’s annual report on crime, there were 46,391 property crimes and 15,765 violent crimes recorded in 2021.  These numbers place Albuquerque among America’s most dangerous cities.  All residents are at increased risk of experiencing aggravated robbery, auto theft, and petty theft.  The chances of becoming a victim of property crime in Albuquerque are 1 in 20, an alarmingly high statistic. Simple assault, aggravated assault, auto theft, and larceny are just some of the most common criminal offenses in Albuquerque. Burglary and sex offense rates In Albuquerque are also higher than the national average.

Links to quoted news sources are:

https://www.volunteerworld.com/en/review/travellers-worldwide

https://www.kob.com/new-mexico/new-mexico-lawmakers-to-propose-gun-safety-bills/

https://www.kob.com/new-mexico/apd-stats-show-increase-in-shootings-with-police/

https://www.abqjournal.com/2556861/gun-safety-bills-could-spark-debate-at-roundhouse-amid-rise-in-firearm.html

PROPOSED LEGISLATION

There are 2 legislative measures that are likely to be introduced for consideration during the 2023 legislative session.  Both will be introduced by newly elected  Santa Fe Democrat State Representative Reena Szczepanski. The two measures are:

1. Raising the minimum age for purchasing AR-15 style rifles from 18 to 21.
2. Making the failure to safely store firearms out of children’s reach a crime.

Szczepanski  described the bill increasing the age to purchase an assault weapon as closing a loophole and she said this:

“It’s basically closing a bit of a loophole, because right now the age to purchase other types of handguns, is 21.  And so we’re looking at just this incremental approach.”

Szczepanski said this about the gun safety storage bill:

“Firearms have increased to become the leading cause of death for children. …This is a huge public health crisis now for children. …  [The safely storing firearms]  bill … is really geared at keeping children safe, keeping children safe in their homes, and really addressing responsible storage. …  I think we can do this in a way gun owners can support and that addresses safety.”

Albuquerque area Democrat Representative Pamelya Herndon said she plans to again sponsor legislation to make it a crime for adults to fail to keep their firearms out of the reach of children.  Herdon’s legislation came about as  a result of  the 2021 killing of eighth-grader Bennie Hargrove at Jefferson Middle school. The legislation is supported by a group of Albuquerque students who have mobilized against gun violence.

Herndon’s legislation failed during the last session due to concerns about possible unintended consequences  and she said changes to the legislation will be made to address critics concerns.  Critics argued the firearm storage bill would  place responsible gun owners in jeopardy of facing criminal charge.  In response, Herndon said this:

“The purpose of the legislation is not to create another criminal penalty but the purpose of the legislation is to remind gun owners and firearm owners that you have a responsibility to keep those firearms safely secured if you decide to own on.  And when you are negligent in that responsibility there will be a penalty.  It is not the goal to just criminalize people, but we want them to be aware of their responsibilities if they intend to be gun owners.  .. We addressed those and we need specific exclusions because we know people can’t be in control of all situations. Changes to the proposed law will include indemnifying adults whose guns are obtained by minors during robberies.”

METRO CRIME INITIATIVE

On December 14, Mayor Tim Keller, APD Chief Harold Medina  and state legislators gave an update on the Metro Crime Initiative (MCI)  and announced legislation they are hoping to get passed during the upcoming legislative session.

One proposed bill would increase the penalty of shooting randomly into a crowded area from a petty misdemeanor to a fourth-degree felony. Another proposed bill would allow firearms used in a drug crime to be charged separately.

Other bills MCI is pushing for pertain to officers. One bill aims to retain officers by having the state help pay for health benefits once an officer has served for 25 years. Another bill focuses on recruitment, allowing officers from another state with at least five years’ experience to more easily transfer into a job here, without starting over.

Another bill focuses on the fentanyl crisis and would allow funds to be locally for drug education and investigative technology.

A bill sponsored by Albuquerque area Democrat Representative Marian Matthews will try to tackle organized retail crime by giving new tools to prosecutors to charge offenders. It includes making sure the robbery statute applies to more offenses and making sure the value merchandise stolen among different stores can be aggregated, so penalties can reflect ‘the damage done.’

https://www.krqe.com/news/albuquerque-metro/mayor-tim-keller-provides-update-on-metro-crime-initiative/

GOVERNOR’S SUPPORT

Before becoming Governor, Michelle Lujan Grisham was a strong advocate of gun control during her years in congress.   During her first term as Governor, Lujan Grisham pushed lawmakers to pass gun safety legislation.  She said through  a spokeswoman she plans to continue that effort during the 2023 legislative  session. Lujan Grisham spokeswoman Maddy Hayden said this:

“The governor will pursue a robust package of common-sense gun safety legislation in the upcoming session, the details of which will be decided in the coming weeks. … The governor is clear: New Mexicans are beyond sick and tired of crime, and gun violence continues to be a nationwide scourge that warrants immediate and outcomes-focused attention.”

EXPECT FIERCE OPPOSTION

All the gun control legislation will face fierce  opposition from Republican lawmakers and likely all New Mexico Sherriff’s.  Most New Mexico sheriffs strenuously opposed the 2021 “red flag” gun law bill advocated by Governor Michelle Lujan Grisham that allows law enforcement officers, contingent on a judge’s approval, to seize guns from individuals that are found to pose an immediate safety risk.  The Sheriffs falsely argued the law was “unconstitutional” and then politically  retaliated against the Governor by supporting or endorsing her Republican opponent Mark Ronchetti.

Sandia Park Republican Stefani Lord said Democrt sponsored gun safety proposals focus on a “tool” used to commit crimes, but not the issues that are driving the increase in New Mexico violent crime rates.  Lord said  Bottom of Form

that it is drug addiction, mental illness and illicit firearm trafficking that need to be addressed.  Lord said this:

“I feel the gun bills they present are consistently going after responsible gun owners and are not addressing crime issues.  … On the Democrat side, they are constantly pushing to focus on just the tool, the tool that is used to commit a crime, and not the issues that are actually behind all the reasons that we have very high levels of crime. We are lacking severely on behavioral health and rehabilitation.  … I know that there’s some bills being drafted for mental health and for rehabilitation, for drug addiction, and maybe those will get through, or maybe we can actually work together. Because I feel if the Republicans and the Democrats could work together on some of these issues, we might actually do what is best for New Mexico.”

Bills can be prefilled starting January 3 for the 60-day legislative session, which gets underway on January 17. Unlike the shorter 30-day sessions held during even-numbered years, bills dealing with any type of subject issue can be proposed without approval from the governor during the longer 60-day sessions.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/new-mexico-lawmakers-to-propose-gun-safety-bills/

https://www.krqe.com/news/albuquerque-metro/mayor-tim-keller-provides-update-on-metro-crime-initiative/

https://www.abqjournal.com/2556861/gun-safety-bills-could-spark-debate-at-roundhouse-amid-rise-in-firearm.html

JOURNAL GUN CONTROL POLL

From August 31 through to September 3, the Albquerquerqu Journal published a series of front-page articles of a poll conducted primarily for the 2022 midterm election.  One report covered the gun control measures.  On  September 4, the Journal published poll results on two-gun control proposals.  Both proposals received overwhelming bi partisan support.  The poll questions and results were as follows:

DO YOU SUPPORT OR OPPOSE LEGISLATION IN NEW MEXICO TO RAISE THE AGE FROM 18 TO 21 TO PURCHASE AN AR-15 STYLE SEMI-AUTOMATIC RIFLE?

Support: 72%

Oppose:  21%

It depends: 4%

Don’t know/won’t say: 2%

GENDER BREAKDOWN

Female support: 75%, Female opposition: 19%

Male support: 69%, Male Opposition: 24%

POLITICAL PARTY BREAKDOWN

Democrat Support: 85%, Democrat Opposition: 11%

Republican Support: 53%, Republican Opposition: 35%

OTHER PARTY

Other Party Support: 77%,  Other Party Opposition: 19%

DO YOU SUPPORT OR OPPOSE MAKING IT A CRIME IF A PERSON FAILS TO SAFELY SECURE A FIREARM FROM CHILDREN?

Support: 73%

Oppose: 14%

It depends: 10%

Don’t know/won’t say: 3%

GENDER BREAKDOWN

Female support: 76%,  Female opposition: 11%

Male support: 70%,  Male Opposition: 17%

POLITICAL PARTY BREAKDOWN

Democrat Support: 81%, Democrat Opposition:  9%

Republican Support: 61%, Republican Opposition: 22%

Other Party Support: 74%, Other Party Opposition: 10%

New Mexico lawmakers in recent years have passed laws expanding background check requirements for firearm purchases and allowing guns to be seized from individuals deemed to pose a threat to themselves or others. But with the state’s firearm violence rate still high, many voters want lawmakers to enact additional gun control measures.

While Democratic voters were significantly more likely to support the gun control measures, a majority of Republican voters surveyed also expressed support for both proposals. A total of 61% of GOP voters surveyed support making it a crime to fail to store guns safely around children, while 53% of Republicans said they support raising the minimum age to purchase AR-15-style rifles.

Brian Sanderoff, the president of Albuquerque-based Research & Polling Inc., had this to say:

“We’re seeing that even conservative voters, at least a small majority of them support raising the minimum age to purchase certain firearms.”

COMMENTARY AND ANALYSIS

It is difficult to gage what effect, if any, the passage of “gun safety” measures will have on reducing gun violence and mass shootings.  More realistic proposals that will likely reduce gun violence would be federal laws banning the manufacturing, sale or distribution of AR-15 style semi-automatic rifles.  In the state, gun registration, banning large capacity gun magazines and types of ammunition and mandatory background checks and perhaps repealing the state’s open carry provision in its constitution may reduce gun violence.

ENACT “OMNIBUS GUN VIOLENCE AND GUN CONTROL” ACT

What the 2023 New Mexico Legislature should seriously consider is a more comprehensive approach to gun control and enact an “Omnibus Gun Violence And Gun Control Act”.  Such an act should include sweeping legislation to deal with gun control, gun violence and violent crime in the state.

ENHANCEMENT CRIMINAL SENTENCINGS

The following increases in enhancements should be included in the “Omnibus Gun Violence And Gun Control Act”:

1. Increase the firearm enhancement penalties provided for brandishing a firearm in the commission of a noncapital felony from 3 years to 10 years for a first offense and for a second or subsequent noncapital felony in which a firearm is brandished 12 years.
2. Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon, defined as an item or object used to inflict mortal or great bodily harm, in the commission of a noncapital felony with enhanced sentences of 5 years for a first offense and for second or subsequent noncapital felony in which a lethal weapon other than a firearm is brandished 8 years.
3. Enact legislation making it a 4th degree felony punishable up to 18 months in jail for failure to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users.
4. Increase the penalty of shooting randomly into a crowded area from a petty misdemeanor to a fourth-degree felony.
5. Allow firearms used in a drug crime to be charged separately.

GUN CONTROL LEGISLATION

The “Omnibus Gun Violence And Gun Control Act”  should include the following gun control legislation:

1. Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.
2. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
3. Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
4. Review additional bail bond reforms and statutorily empower judges with more authority and more discretion to hold and jail those pending trial who have prior violent crime convictions.
5. Institute mandatory extended waiting periods to a month for all sales and gun purchases.
6. Implement in New Mexico mandatory handgun licensing, permitting, training, and registration requirements.
7. Ban the sale in New Mexico of “bump-fire stocks” and other accessories.
8. Provide more resources and treatment for people with mental illness.
9. Limit gun purchases to one gun per month to reduce trafficking and straw purchases.

KEEPING FIREARMS OUT OF THE HANDS OF CHILDREN

Given the severe increase of murders of children at the hands of children, the “Omnibus Gun Violence And Gun Control Act” needs to include provisions directed at keeping firearms out of the hands of children and holding adults owner of guns responsible for their guns. Provisions that should be considered are as follows:

1. Currently, you must be at least 19 years old to legally possess a handgun in New Mexico and there is no minimum age to possess rifles and shotguns. Expand the age limitation of 19 to rifles and shotguns,
2. Currently, the unlawful possession of a handgun by someone under age 19 is a misdemeanor carrying a penalty of from 6 months to one year in jail. It should be classified as an aggravated fourth-degree felony mandating a 2-year minimum sentence.
3. Expand the prohibition of deadly weapons from a school campus to school zones.
4. The case of any juvenile arrested possession of a weapon and charged by law enforcement are to be referred the District Attorney for automatic prosecution.
5. Make it a felony, in certain circumstances, if a person recklessly stores a firearm and a minor gains access to it to threaten or harm someone. If a firearm is accessed by a minor and used in the commission of a crime resulting in great bodily harm or death, the person responsible for storing the firearm could be charged with an aggravated fourth-degree felony, carrying a 24 month prison sentence. If a firearm were accessed by a minor and used in the commission of a lesser crime, the person responsible for keeping or storing the firearm could have been charged with a 4th degree felony punishable by up to a 18 months in jail.
6. Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers. Legislative funding needs to be provided to accomplish the requirement.

FINAL COMMENTARY

The 2 legislative measures being proposed by New Mexico State Representatives Pamelya Herndon and Reena Szczepanski in and of themselves are first good steps in the right direction to help curb gun violence, but in all likelihood do not even come close to what is actually needed to have an impact on preventing gun violence. A far more comprehensive approach is what is needed in the form of an “Omnibus Gun Violence And Gun Control Act”.

On February 26, 2021, Governor Michelle Lujan Grisham signed a bill repealing the 1969 abortion ban. The 1969 law criminalized abortion to end a woman’s pregnancy except in certain circumstances, such as rape and incest. The 1969 state statute had not been enforced in the state due to the United States Supreme Court’s decision in Roe v Wade in the 1970s, which legalized abortion nationwide. The repeal of the 1969 law was necessitated by the fact the repeated attempts had been made over the years to have the United States Supreme Court reversed the decision of Roe v Wade.

On June 22, 2021 the United States Supreme Court released its decision in the case of  Dobbs v. Jackson Women’s Health Organization wherein the Supreme Court  overruled and reversed the cases of Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey and 50 years of constitutional law precedence ruling  that a woman does  not have constitutionally protected right to an abortion.  The US Supreme Court ruled the authority to regulate abortion was  returned to the individual states and their elected representatives.

As a direct result of the Supreme Court’s Dobb’s decision, abortion and woman’s reproductive rights became a defining issue in New Mexico’s 2022 Gubernatorial race between incumbent Democrat Governor Michelle Lujan Grisham and Republican Mark Ronchetti.  Republican Mark Ronchetti made abortion and imposing limits on a woman’s right to choose a center piece of his campaign and suggested a “reasonable policy” that proposed banning abortion after 15 weeks of gestation, with exceptions for rape, incest, and to preserve the life of the mother.  Ronchetti went so far to call for a constitutional amendment where voters would decide whether abortion should be illegal.

It was on Sunday, July 10, that the very conservative Republican pastor Reverend Steven Smothermon of Legacy Church upended Mark Ronchetti’s campaign for Governor and exposed Ronchetti’s new moderate position on abortion as nothing more than ruse to get elected. Ronchetti’s new stance on abortion was that abortion should be allowed for up to 15 weeks of pregnancy and in cases involving rape, incest and when a mother’s life is at risk. This is what Smothermon preached and said from his pulpit:

I know Mark Ronchetti came out, and some people are very upset, because he said I think [abortion] is reasonable up to 15 weeks. . . I know a lot of us got mad. I did too. I had a long talk with him for hours. I said, dude right out of the gate you blew it and he said here’s what I was trying to do. I know what you were trying to do but you didn’t do it and here’s what he said.

He said, ‘listen, I just want to start with getting rid of partial birth abortion in the whole state’–which we should be happy with–and he said ‘but I can’t just go in and do it 100 percent because we won’t ever get elected.’ He said I just want to start but his goal would be to end abortion in New Mexico. Just so you know.

Ronchetti labeled Governor Lujan Grisham position on abortion as “extreme” since she opposed all abortion restrictions.  The Governor countered by saying Ronchetti was actually the candidate with the extreme stance on the issue and claimed it was Ronchetti who shifted his total opposition to abortion after the primary election in order to get elected.

ABORTION RIGHTS LEGISLATION FOR 2023 NM LEGISLATIVE SESSION

New Mexico Democrat lawmakers are now eyeing  ways to reinforce abortion rights and access to reproductive health care in the upcoming 60-day legislative session that begins on  January 17.  Those ideas include codifying abortion rights into state law, investing in telehealth and clinics that provide reproductive health care, and protecting providers or patients who travel to New Mexico to escape restrictions in other states.  An  area of contention is whether it’s necessary to make any abortion rights as part of  state law given the repeal of the 1969 criminal law.

While Texas and other neighboring states have enacted abortion bans, New Mexico allows abortion services without any restrictions.  In 2021, the New Mexico legislature repealed the 1969 criminal law banning abortions. The state has also seen an increase of out-of-state residents coming to the state to obtain abortion services.

In response to the increase in out of state residents seeking abortions, Governor Lujan Grisham issued an executive order in June that protects abortion patients and providers from lawsuits and arrest warrants issued in other states.  The Governor’s executive order also makes it clear that New Mexico won’t comply with abortion-related arrest warrants or extradition requests from other states.

Albuquerque Democrat State Senator Linda Lopez said legislators are evaluating how to put some or all of the Governor’s June Executive Order into state law in order to make it difficult for any future governor to repeal the protections.   Legislation is also being proposed to prohibit other public entities, such as municipalities, from interfering with or denying the reproductive rights of women in New Mexico.

On November 4, 2022 it was reported that the City Commission of Clovis, New Mexico put off a vote on an ordinance designed to ban abortions within the New Mexico town fearing challenges to the move in a state where the procedure remains legal. Clovis was set to become the first town to pass a so-called “sanctuary city for the unborn”

https://www.reuters.com/world/us/new-mexico-town-delays-banning-abortion-2022-11-04/

On November 8, it was reported that the Hobbs City Commission unanimously passed an ordinance designed to ban abortions, despite the procedure being legal in the state. The so-called “sanctuary city for the unborn” ordinance blocks abortion clinics from operating.  The ordinance will surely be challenged in court and set aside.

https://www.reuters.com/world/us/new-mexico-city-passes-ordinance-block-abortion-clinics-operating-2022-11-08/

EXPANDING ACCESS TO REPRODUCTIVE HEALTH CARE

One of the major initiative being considered by Democrats for the 2023 legislative session is the expansion  of  access to reproductive health care in general which is needed in a state that is as  large  as New Mexico and that has a shortage of doctors and nurses.  Democrat lawmakers are focusing attention on improving telehealth infrastructure and building clinics to provide a spectrum of pregnancy and reproductive health care services. Lujan Grisham signed an executive order in August pledging $10 million to build a state-funded clinic to provide abortion and other services in Doña Ana County and the legislature must follow through with the funding in the 2023 legislative session.

Santa Fe Democrat State Representative  Linda Serrato said this:

“Having the right [to reproductive health care]  is very different from being able to utilize it. … Some patients in rural parts of the state now travel for hours to Santa Fe or Albuquerque for pregnancy-related care.”

Messilla Democrat Representative Micaela Lara Cadena said New Mexico families need access to a full spectrum of health care, ranging from pregnancy services to behavioral health programs. Cadena said this:

“Abortion is health care and part of the way we get there is making sure we meet the full needs of our familias without shame or stigma.”

Albuquerque Democrat state  Senate President Pro Tem Mimi Stewart said making abortion and reproductive rights writing  state law isn’t necessary and said this:

“Frankly, some of us would like our statutes to remain as they are. … [State law]   doesn’t talk about abortion care because that’s really between women and their doctors, their families, etc. As soon as we put it into statute, then it can be tinkered with.”

REPUBLICANS CALL FOUL

Republicans are already gearing up to oppose any efforts by Democrats to protect a woman’s right to choose and to expand woman’s health care rights in the state. Republican lawmakers and candidates are proclaiming Democrats are going too far.  They argue that New Mexico voters will support some of the abortion restrictions imposed in other states, such as parental notification for minors.

Republican Elephant Butte State Senator Crystal Diamond said this:

“Although many New Mexicans do not oppose abortion altogether, it’s clear that most support reasonable limits and protections for women and children.  The Democrats’ plan to expand abortion access for minors and women from out of state is completely out of touch. … Now that the U.S. Supreme Court has returned the issue of abortion to the states, New Mexico legislators must prioritize the voices of their constituents over the demands of special interest groups and the multi-million-dollar abortion industry.”

The link to quoted news source material is here:

https://www.abqjournal.com/2557259/nm-lawmakers-prepare-for-debate-on-abortion-rights-in-2023-session-exce.html

JOURNAL POLL ON ABORTION

On Tuesday,  August 29, the Albuquerque Journal published the results of poll taken on the issue of abortion rights.  The link to read the full unedited Journal column is here:

https://www.abqjournal.com/2528326/nm-voters-divided-on-abortion-restrictions.html

The Journal poll is extremely revealing in that it breaks down the results not only as to party affiliation but also as to regions of the state.

The poll asked the question “WHICH COMES CLOSEST TO YOUR VIEW ON ABORTION” The results were as follows:

It should always be legal:  35%

It should be legal with some limitations: 22%

It should be illegal except for rape, incest, or to save the mother’s life: 25%

It should always be illegal: 12%

Don’t know: 2%

None of these/won’t say: 4%

POLITCAL PARTY BREAKDOWN

The poll results were broken down according to party affiliation. The responses to the poll question by party affiliation were as follows:

It should always be legal:   Democrats,  55%, Republicans: 8%, Other: 35%

It should be legal with some limitations:  Democrats,  24%,  Republicans: 18%, Other: 26%

It should be illegal except for rape, incest, or to save the mother’s life:

Democrats, 11%, Republicans, 41%, Other: 28%

It should always be illegal:  Democrats, 5%, Republicans,  24%, Other: 8%

POLL ANALYSIS

New Mexico voters are 3 times more likely to say abortion should always be legal than they were to say it should always be illegal.  According to the poll, 35% of statewide voters surveyed said abortion should always be legal, 22% said the procedure should be legal, for a combined total of 57%.

The poll found that 25% felt there should be some limitations and said it should be illegal except in cases of rape, incest or when a mother’s life is in danger.  Just 12% of voters surveyed said abortion should always be illegal, while 4% would not say and 2% said they did not know.

According to the Journal poll results, Democrats are firmly behind a woman’s right to choose with 55% of Democrats saying abortion should always be legal and 24% of Democrats said it should be legal with some limitations for a whopping 79% combined percentage.

Republicans’ opinion are dramatically opposite with 8% saying abortion should always be legal, while 24% said it should be banned and 41% said it should be illegal with exceptions for cases of rape, incest and to save a mother’s life, with a 65% combined total to make it illegal or illegal with the exceptions of rape, incest or threat to the life of the woman.

The difference by party affiliation shrinks to a 6% difference when it comes to how voters they felt if abortions should be legal with some limitations.  Interestingly, more Democrats, 24%, felt that there should be some limitations while fewer Republicans, 18%, felt there should be some limitations.

The Journal Poll did not find a big difference in attitudes on abortion between New Mexico voters based on their gender, ethnicity and age.  There was little difference in voters’ views on abortion based on their education level with one exception, voters with graduate degrees were far more likely than other groups of voters to say abortion should always be legal.

REGIONAL ANALYSIS

With respect to the regional poll analysis, it’s somewhat of a surprise to note that it is the Las Cruces/Southwest area that had the highest approval of any region in the state that supported abortion without limits with a full 44%, while the Albuquerque Metro Region supported abortion without limits at 33%.

The Southern area of the state is widely considered a conservative part of the state, excluding the progressive Las Cruces, while the Albuquerque Metro area is considered more progressive.  One explanation for the 11% difference between the regions is that more conservative Valencia and Sandoval were included and skewed the results.

Not at all surprising is that the Progressive Northeast/North Central Region of the state had the highest percent of support saying abortion should always be legal with 39%.  Also not surprising is that in the very conservative Eastside region, 42% said that abortion should   be illegal except for rape, incest, or to save the mother’s life, and 15% said it should always be illegal.

 COMMENTARY AND ANALYSIS

Governor Lujan Grisham and Democrats running for New Mexico House and the United States Congress campaigned heavily on safeguarding abortion rights and woman’s reproductive rights. Republicans on the other hand ignored and are totally out of touch with just how strongly people feel about the issue.

New Mexico Republicans have every intent to do what they can to deprive a woman of their right to choose and to deprive a woman from making her own decision on reproductive rights.  Simply put, no person, no candidate, no elected official, no voter and no government has any right telling a woman what she must do when it comes to abortion and what she must do when it comes to her own body.

Democrats in the 2023 legislative session will hold a 45-25 majority in the House and a 27-15 edge in the Senate.  Democrats would be damn fools not to deliver on their promises to protect a woman’s right to an abortion and access to  reproductive health given the attempts by some Republican controlled municipalities and counties in the state to do whatever they can to make abortion illegal or inaccessible to woman.

On August 16, during a meeting of the New Mexico Legislative Finance Committee (LFC)  held in Chama, New Mexico, legislators were told by LFC executive economists the state would  have a staggering projected $2.5 billion in “new” money during the 2023 budget year that starts on July 1, 2023. The term “new money” is the amount that represents the difference between forecasted revenue and current spending levels. The total revenue was forecasted to rise from $9.2 billion in the fiscal year that ended on June 20, 2022 to nearly $10.9 billion for 2023.

On December 12, the Legislative Finance Committee released its Consensus Revenue Estimate for fiscal year 2024 which begins July 1, 2023. It was reported that New Mexico’s revenues have ballooned even further with the  state’s revenues from oil and gas production increasing at record levels.  The new estimates released project the state will have an astonishing $3.6 billion in “new” money available for the budget year that starts on July 1, 2023.

The link to the Consensus Revenue Report is here:

Click to access ALFC%20121222%20Item%201%20General%20Fund%20Consensus%20Revenue%20Estimate%20December%202022.pdf

During the last two years, New Mexico’s revenue levels have steadily increased due to surging oil and natural gas production. The spike in revenue is expected to continue over the coming year.  According to the Consensus Revenue Report  the latest projections by fiscal year for the last 2 full years are:

2022 – $9.7 billion, up from $9.2 billion in August
2023 – $10.8 billion, up from $9.8 billion in August
2024 – $12 billion, up from $10.9 billion in August

EXECUTIVE SUMMARY

An  edited Consensus Revenue Report Summary reports as  follows:

Recurring revenues for Fiscal Year 2022 were $9.675 billion, up $1.59 billion, or 19.7% , from Fiscal Year 2021. Revenue strength is the result of sustained high inflation raising expectations for gross receipts tax and income tax collections. Additionally, consumer spending has remained strong, wage growth has been robust, and high oil and gas revenues are supported by global supply-side constraints raising prices and encouraging production expansion.

Oil and gas revenue strength is pushing severance tax and federal royalty collections higher above their five-year averages, resulting in larger transfers to the early childhood trust fund than was expected in August and boosting the amount reaching the general fund throughout the forecast horizon. Estimated recurring revenues for Fiscal Year 2023 are $10.775 billion, up $928 million from the August estimate. Fiscal Year 2024 recurring revenues are estimated at $11.994 billion.

“New money,” or projected recurring revenue for the coming fiscal year less current year recurring appropriations, is estimated at $3.591 billion for Fiscal Year 2024, or 42.7%  growth from the Fiscal Year 2023 recurring budget. General Fund Reserves and Transfers of Above-Trend Revenue. Including federal stimulus funds of $1.069 billion and nonrecurring legislative expenditures of $902.9 million, Fiscal Year 2022 total revenues are estimated to be $1.16 billion more than Fiscal Year 2022 appropriations.

Non-ARPA general fund revenues exceeded general fund appropriations by $706.5 million which will be transferred to the operating reserve and the tax stabilization reserve fund. The general fund financial summary detailed in attachment 1 illustrates the impact of the December 2022 revenue estimates on reserve levels. Ending reserve balances for Fiscal Year 2022 are estimated at $3.68 billion, or 49.3%  of recurring appropriations. Because total reserve balances exceed 25%  of recurring appropriations, the excess of the five-year average of oil and gas school tax collections –$1.34 billion – will be deposited into the early childhood education and care trust fund instead of the tax stabilization reserve.

Fiscal Year 2023 ending reserve balances are estimated at $5.22 billion, or 62.2%, prior to any legislative action in the 2023 session. Again, because reserves are expected to exceed 25% of recurring appropriations in Fiscal Year 2023, excess oil and gas school tax collections, estimated at about $1.25 billion, will flow into the early childhood trust fund. Additionally, excess federal oil and gas royalty payments above the five-year average, estimated at about $1.92 billion in Fiscal Year 2023, will flow into the early childhood trust fund.

… .

… [E] nergy companies in New Mexico have continued to drill at production
expanding rates, as well as increasing the productivity per well, breaking
production records each month.

Although falling prices would generally reduce tax revenues, production levels
are more than offsetting price declines leading to record levels of severance
taxes and federal royalty payments. About 62%  of the general fund
forecast growth in FY23 is from severance taxes and federal royalty payments
as well as about two-thirds of the of the general fund growth forecasted in
FY24.”

DOUBLED REVENUES IN SEVEN YEARS

If the projected revenue levels if fact materialize in 2023-2024 budget year, it will mean New Mexico’s total revenues would have more than doubled over the last 7 years.

The $3.6 billion of additional revenues are not the only amounts that will be available for spending in the upcoming fiscal year. It was also reported that roughly $310 million in allocated budget dollars went unspent during the most recent fiscal year. This funding is available due to federal pandemic funds being used to supplant state dollars.

Revenue and Taxation Secretary Stephanie Schardin Clarke said this about the new revenue forecast:

“The December forecast indicates New Mexico is still in a solid position fiscally. … The strong revenues we’ve seen over the past couple of years allowed us to deliver significant tax relief to New Mexicans and still maintain historically high reserves to protect against unforeseen shocks.”

OIL AND GAS REVENUES SOURCE OF SURPLUS

Revenue from the oil and gas industry makes up nearly 40% of direct state revenue.  Over the last two years, oil and gas production in the state has increased dramatically making the state more reliant than ever on both industries.  According to the legislative economists, upwards of two-thirds of New Mexico’s revenue for the coming budget year is expected to come from revenue derived from the oil and gas industries.

The overwhelming primary source of the increased revenues is from oil and gas productions.  New Mexico has become the nation’s second-highest oil producer in the country behind the state of Texas.  It is advances in oil field production technology, like horizontal drilling, that have resulted increased production levels.  Aztec Republican State Senator Steven Neville cautioned the committee that if oil prices were to drop significantly for a prolonged period of time period, which has happened in the past,  it could torpedo the state’s revenue collections and he said this:

“If that drilling stops, our revenues will plummet fairly quickly.”

REACTION TO SURPLUS

In August, Gallup Democrat Senator George Muñoz called the $2.5 billion in additional revenues a “once-in-a-century” opportunity and said at the time:

“If we want to really change, for once and for all, and keep our commitment to reducing tax rates, lowering the [gross receipts tax and] making New Mexico competitive with other states, this is one of the greatest opportunities we could have. … You can change the complete path of this state … Your phones are going to be ringing off the hook [with demands on how to use the new revenues].”

On December 12, Muñoz had this to say about the $3.6 billion increased revenues:

 “With this revenue forecast, there’s an opportunity knocking at our door. … No one in our state’s history has ever had this opportunity.”

Cabinet Secretary Debbie Romero of the Department of Finance and Administration told the LFC that risks exist to the record-high revenue forecast.  Those risks include supply chain shortages and the ongoing Russian invasion of Ukraine. She also suggested to limit future spending obligations.  She urged lawmakers to target spending during the upcoming legislation session to one-time needs like water projects, rural health care and broadband expansion.  Romero said this:

“Those are the once-in-a-lifetime things we should invest in while not growing our recurring budget.”

WHAT TO SPEND SURPLUS ON

The 60-day legislative session is scheduled to begin on January 17, 2023.  Governor Lujan Grisham and the New Mexico Legislature will over the next month decide how to spend the surplus.  The Governor and the New Mexico  Legislature will release their own, separate,  proposed budgets and spending plans in early January before the start of the 60-day session.  Budgets will be drafted based on the revenue projections and will include how much in reserves for any possible future budget shortfall.  During the legislative session, there will be a consolidation and a consensus budget formulated that lawmakers will then approve for the fiscal year that will start on July 1, 2023 and end June 30, 2024.

Discussions are seriously underway on how to spend the record-high revenue during the 60-day legislative session. Those discussion include approving tax relief for New Mexicans, additional teacher salary increases and other initiatives.

Although Lujan Grisham has not yet released a full spending plan for the coming year, the governor has highlighted recent investments in affordable housing, education, public safety and health care.  She has said she would push for funding during the upcoming 60-day session to provide free school meals to all New Mexico public school students. In a statement, Lujan Grisham said this:

“Our fiscal success will enable us to double down on the investments we know are working and explore innovative new strategies that move the needle and move New Mexico up in the rankings.  …   I need more investments in public safety.”

Top budget and finance officials in Lujan Grisham’s administration are urging lawmakers to use the windfall on one-time expenditures due to the risk of future revenue dips.

Los Alamos Democrat Representative Christine Chandler suggested the surplus be used for “A fund that supports water management and water infrastructure in the state.”

Rio Rancho Republican Representative Jason Harper suggested the surplus be used for “Roads, water projects. … That could go a long way to help the state.”

GOVERNOR MLG BUYS INTO REPUBLICAN POLITCAL DOGMA

Ignoring her top budget and finance officials to use the windfall on one-time expenditures, Governor Lujan Grisham is pressuring the legislature to provide more financial relief in the form of  rebates with the increased revenue estimates. New Mexico legislators this year already used the state’s revenue windfall to provide tax rebates of  $750 to individuals and up to $1,500 per household and to cut the state’s gross receipts tax rate.

The New Mexico’s gross receipts tax rate was cut by an 8th of 1%  starting July 1, 2022 and increased to a quarter-percent reduction on July 1, 2023. The problem is that the Gross Receipts Tax (GRT) rate varies throughout the state from 5.125% to 9.4375%.  It varies because the total rate combines rates imposed by the state, counties, and, if applicable, municipalities where the businesses are located. Businesses collect and pay the total Gross Receipts Tax they collect to the state, which then distributes the collected taxes imposed by counties’ and municipalities’ to them.  The net result is that the Governor’s  state tax cut was meager at best, it was viewed as more of a political ploy to get bragging rights in an election year that  she cut taxes,  and it  resulted in negligible tax savings to individual consumers of about $25 a year.

https://www.tax.newmexico.gov/governments/gross-receipts-tax/

Republican William Sharer of Farmington, told the LFC “now is the time for real tax reform.”  However, tax cuts now will mean less money available in future years, especially if the current oil and gas revenues decline.

Governor Lujan Grisham has shown a major interest in more tax rebates and that is getting support from both Democrats and Republicans. Lujan Grisham spokeswoman Nora Meyers Sackett said this:

“The governor has been working for several months to urge the Legislature to support using a portion of the one-time funds to deliver another rebate to New Mexicans as they continue to experience high costs due to inflation”.

The link to the quoted news source is here:

https://www.abqjournal.com/2557256/state-windfall-could-prompt-tax-rebates-ex-gov-lujan-grisham-pushes.html

The specific size and scope of the rebates are under negotiation.  The rebates will likely be the same as they were earlier this year with  $750 per taxpayer or $1,500 per married couple filing jointly.  The cost of such a package could exceed $1 billion.

Lujan Grisham’s interest in tax rebates represents a shift in position. During the campaign, Republican for Governor Mark Ronchetti proposed to make annual rebates automatic if the surplus grew by a certain amount, while  Governor MLG and the Democrats wanted to  have a say approving rebates. Lujan Grisham criticized Ronchetti’s proposal arguing his plan would lead to future budget cuts for New Mexico public schools.

However, because of the dramatic spike in revenues now being projected, the governor’s rebate would still leave the state with more than enough money to spend in other areas or  to set aside for future years.  Ronchetti came out with this nasty little, bitter reaction to Lujan Grisham’s change in position:

“Mark Ronchetti @MarkRonchettiNM · When we proposed giving a portion of the massive surplus back to tax payers the governor ran an ad saying we would have to cut funding for education and police to do it. Clearly that was a lie.” 

 Democrat Christine Chandler had this to say about the proposed rebates:

“This would be a way to help assist families address some of the inflationary pressures that they’ve been feeling these last several months.”

Belen Republican Senate Minority Leader Greg Baca said the proposed rebates mark a rare policy agreement between himself and the governor. Baca said this:

“Good governance starts with remembering that there is no such thing as extra money, only taxpayer money. …  I believe those that earn that money are those best suited to spend it.”

Republicans also want to restructure how the state collects taxes. As it stands, there is a “layered” or stacked system of gross receipts tax where taxes are paid  on every purchase made and  manufacturers must pay a tax on each of the  materials they buy to make their products.  Some lawmakers are proposing getting rid of taxation on materials used for manufacturing and only taxing the sale of the final item sold. Aztec Republican State Representative Ryan Lane said this:

“Now is the time to make major changes to an antiquated tax system.”

Los Alamos Democrat Representative Christine Chandler, who is the chairwoman of the House Taxation and Revenue Committee, said there would still be funding left over after approving rebates to pay for changes to the state’s tax code. However, she noted rebates do not provide lasting financial relief for New Mexicans but are appealing because they do not encumber the state for future years. Chandler said this:

“I think it’s a reasonable approach for dealing with the unprecedented revenue levels that we have.”

Rio Rancho House Minority Whip Jason Harper said he would back an additional round of rebates and said this:

“In principal, this is the taxpayers’ money and returning some of that to them [in the form of rebates] is something I’m very supportive of. … [Tax code changes also afford]  an incredible opportunity to make some lasting change.”

https://www.krqe.com/news/politics-government/governor-eyeing-another-round-of-new-mexico-tax-rebates-in-2023/

FUNDING FROM CONSTITUTIONAL AMENDMENT FOR EARLY CHILDHOOD PROGRAMS NEEDS CONGRESSIONAL APPROVAL

The surplus revenue will also translate into huge infusion of funding into several state trust funds. In particular the “Early Childhood Trust Fund” pushed for creation by the Governor in 2020  is projected to have its balance surge to nearly $5.4 billion by the end of the current fiscal year  and more than $7.8 billion by the end of next year.

Gallup Democrat State Representative Patricia Lundstrom, the LFC’s chairwoman, said during the LFC hearing that legislation will be proposed to add additional beneficiaries to the Early Childhood Trust Fund such as behavioral health treatment programs.

In addition to the $3.6 billion of additional revenues, the New Mexico legislature will also have the additional revenue that will be generated by the passage of the Constitutional Amendment for Early Childhood programs. On November 8, the New Mexico Constitutional Amendment passed by a landslide on 70.34% YES vote to a 29.66% NO vote.  A “yes” vote supported allocating 1.25% more in funding from the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund.  Passage of the constitutional amendment makes New Mexico the first state to guarantee a right to early childhood education while directing substantial, steady funding to child care and early education.

The funding will not be a one-time infusion, but a steady stream of about $150 million a year for early childhood programs. It could very well allow New Mexico to achieve a system of free child care and preschool for all state residents.

“New Mexico voters didn’t just approve the allocation of more dollars. They changed their constitution so that it now enshrines a right to education for children ages zero to five alongside the previous guarantee for children in grades K-12, making it the first state with such a guarantee.”

Links to quoted news sources are here:

https://ballotpedia.org/New_Mexico_Constitutional_Amendment_1,_Land_Grant_Permanent_Fund_Distribution_for_Early_Childhood_Education_Amendment_(2022)

https://earlylearningnation.com/2022/11/new-mexico-is-the-first-state-to-guarantee-a-right-to-early-childhood-education-universal-child-care-could-come-next/

What is not commonly known by the general public is that congressional approval of New Mexico’s voter-backed plan to tap more heavily into the permanent school fund must be approved by Congress before New Mexico can fully tap into the extra funds, estimated to total $236 million in the next fiscal year.  Congress could leave Washington as soon as December 23 with a new, Republican controlled House taking over on January 3.

Senator Martin Heinrich and Representatives Melanie Stansbury and Teresa Leger Fernández are urging outgoing Republican Representative Yvette Herrell, who lost her reelection bid to Gabe Vasquez,  to help secure final passage of the plan before adjournment and before she leaves office. As a state legislator in 2018, Harrell opposed the permanent fund proposal.

Supporters of the measure are pushing for Congress to add a one-sentence approval of the permanent fund changes to an end-of-the year spending bill expected to be adopted in the final days of this year’s congressional session. Failure to approve the New Mexico legislation before then would not necessarily be fatal. But supporters would have to start over in the new session, delaying consideration of the measure.

https://www.abqjournal.com/2558057/martin-heinrich-others-call-on-yvette-herrell-to-support-voter-backed-education-plan.html

COMMENTARY AND ANALYSIS

The upcoming 2023 New Mexico legislative session that begins January 17 is a 60-day session.  Debate is now hot and heavy on how to spend the historic surpluses.  There is indeed a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and bridge repair, funding for wastewater projects, dams and acequia projects, the courts, law enforcement  and the criminal justice system, funding for our behavioral health care system, job creation endeavors,  economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits are all likely topics of discussion during the upcoming 2023 legislative session. All merit serious consideration and funding with the historic surplus.

In March of 2022, A KRQE investigation revealed the ongoing challenges New Mexico’s state road officials and some county officials are dealing with in taking care of some of New Mexico’s ailing bridges. Dozens of bridges across some of the most rural parts of the state are rated in either poor or critical condition, requiring millions of dollars to repair or replace.  It will cost an estimated half-billion dollars just to bring all of the state’s bridges up to fair condition. New Mexico is getting millions of dollars in federal funding to help repair roads, bridges and tunnels in the state. In fiscal year 2023, $549.4 million is going toward the sate and be used to fund different programs aimed at improving safety and reducing carbon emissions. The funding comes from the Bipartisan Infrastructure Law that gives $59.9 billion in fiscal year 2023 to states across the country.

https://www.krqe.com/news/larry-barker/are-new-mexico-bridges-safe/

https://www.krqe.com/news/larry-barker/behind-the-story-new-mexico-bridge-safety/

https://www.krqe.com/news/new-mexico/almost-550-million-heading-to-new-mexico-for-infrastructure-improvements/

Public education is always at the top of the list for funding. However, public education  is a reoccurring expenditure that must rely on continuing taxation. During her first term, Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful.  Lujan Grisham succeeded in securing over $1 Billion dollars for public education during the 2019, 2020, 2021 and 2022 legislative sessions. In addition to the dramatic increases in public education funding, Lujan Grisham administration created  the Early Childhood Department, issued mandates to the Children, Youth and Families and Public Education departments.  An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers has been  increased by upwards of 20% and have risen to $50,000, $60,000 and $70,000 depending on the level of years of teacher experience.

Given the enormous amounts the state is now spending on education and what the state will be spending because of the enacted constitutional amendment, the $3.8 billion surplus would be better spent elsewhere and not on public education.

MAJOR CAPITAL OUTLAY PROJECTS SHOULD BE IN THE MIX

Whenever surpluses in state revenues occur, such as this year especially, Republicans always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to go. The Republican tired and old political dogma  has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety.  If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.  It appears that Governor Lujan Grisham has bought into the Republican political dogma.

It’s laughable or at the very least shows a level ignorance  when  Republican Senate Minority Leader Greg Baca  says  “Good governance starts with remembering that there is no such thing as extra money, only taxpayer money. …  I believe those that earn that money are those best suited to spend it.”   The truth is  62%  of the general fund forecast growth in FY-23 is from severance taxes and federal royalty payments and not from personal income taxes as well as about two-thirds of the of the general fund growth forecasted in FY-24.

The reality is that most if not all of the major priorities being identified for the 2023 legislative session will require reoccurring funding and revenues from taxation. What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the general public and that improve the overall quality of life. Roads and water projects are such priorities, but are not exclusive.

Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities, such soccer stadiums, and entertainment venues.  The Governor and the legislature should listen and fund such projects while they can.

For the last two years, the New Mexico United soccer team has been trying to get taxpayer money to build a soccer stadium. In 2020, the soccer team was able to secure $4 million in state funds.  In 2021, Albuquerque taxpayers were asked to support a bond to pay for the stadium, but it was rejected. With a $3.8 in surplus revenue, the legislature should consider fully funding the facility which will be about $16 million.

Other major capital outlay facilities  and projects  that has been discussed for decades is improving the New Mexico State Fair and all of its aging facilities.  In particular, demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility with the capacity of upwards of 20,000  has been a dream of many a Governor, State Fair Commission and Fair Managers.

On February 25, 2019 it was reported that there is a need for such a facility and EXPO New Mexico was in  the final stages of conducting a feasibility study on the construction of a new arena on the state fairgrounds.  Tingley Coliseum has been around since 1957 with capacity for 11,000. Over the years it’s been remodeled and upgraded but it is still a state fair rodeo venue. The state and Albuquerque for decades has needed a large capacity, multipurpose entertainment venue of upwards of 20,000.

https://www.krqe.com/news/officials-want-to-build-new-arena-on-state-fairgrounds/

https://www.krqe.com/news/expo-new-mexico-looking-into-new-arena-to-replace-tingley-coliseum/

Indeed, the 2023 legislative session could very well turn out to be a “once in a century opportunity” to really solve many of the state’s problems that have plagued it for so many decades.  It should also be viewed as an opportunity to build facilities that are needed and that will have a lasting impact on the state’s quality of life for decades to come.

The links to quoted news sources are here:

https://www.abqjournal.com/2556897/nm-new-money-projected-to-explode-to-3-6-billion-for-coming-year.html

https://www.koat.com/article/new-mexico-government-billions-state-money/42259419

https://www.krqe.com/news/politics-government/governor-eyeing-another-round-of-new-mexico-tax-rebates-in-2023/

https://nmpoliticalreport.com/2022/12/13/legislative-finance-committee-releases-projected-revenue-estimate-for-fy24/#:~:text=On%20Monday%2C%20the%20NM%20Legislative,FY%202024%20is%20%2411.994%20billion.

On December 15, the on-line news agency New Mexico Sun published the below guest column:

Keller’s motel conversion plan ‘not ready for prime time’

By Pete Dinelli

“Motel conversions” is a plan where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. They are  just one part of Mayor Tim Keller’s “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing supply by 2025 to alleviate  the city’s housing shortage. Keller’s plan calls for motel conversions to house 1,000 people with low and moderate incomes by 2025. A city council zoning code amendment Keller pushed through allows an exemption for affordable housing projects funded by the city  allowing kitchens to be small, without full-sized ovens and refrigerators and allow the substitution of a microwave or hot plate for a standard oven or range.  

On December 6, with only a 4-day public notice and reservations required, the City’s Family and Community held a public meeting to discuss the Keller Administration’s motel conversions plan.  A little over 100 people attended the meeting which had a mediator oversee the meeting. Mayor Keller did not attend and neither did any city councilor.  

The first biggest take away from the City’s presentation on motel conversions is that they are not intended to be used as “homeless shelters”  but there is absolutory  no guarantee that will not happen.  The intent is that those who will be housed in them must have some sort of income, either through social security or other government assistance or be gainfully employed, and they must pay rent. The city failed miserably in identifying the screening criteria that will be utilized for occupants and the minimum income levels.

The second biggest takeaway from the city’s December 6 presentation is that the motel conversion program has been haphazardly put together in order to make it part of Keller’s  “Housing Forward ABQ” plan.  The city officials were clearly on the defensive feeling there was need to have a professional mediator who announced repeatedly how people should conduct themselves, be polite and not be confrontational to the city presenters.

The third major takeaway from the meeting is that the city’s estimated cost of $100,000 per unit to fix up or remodel existing motels is excessive and likely a waste of taxpayer money and financing.  Simply put, many times it is cheaper and makes more sense to demolish and rebuild substandard motels.  Approximately 15 years ago, the city’s Safe City Strike Force took civil code enforcement action against a number of the 150 motels up and down central with many ordered shut down until repairs were made.  The motel owners were ordered to bring their properties into code compliance that usually cost thousands.  

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. Those motels were demolished because it was cheaper and  made more sense to tear them down rather than spends hundreds to remodel. The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

Simply put, the city’s “motel conversion” plan is not ready for prime time.  It appears Mayor Keller rushed to have it included as part of his “Housing Forward ABQ” plan without it being completely formulated or vetted.  The city’s December 6 public meeting was very short on details as to what motels have been targeted, the projected overall funding for the program, no details as to the private-public partnerships and no identifying those in the real estate and development community and the construction industry the Keller administration is working with.

The city is spending between $60 million and upwards of $100 million a year on affordable and supportive housing.  The biggest unanswered question is does the city have any business going into the “hotel conversion” business and begin operating such facilities in addition to what it is already being spent?  Given the December 6 public meeting and all the written questions that went totally unanswered and ignored, it is not at all likely that the city has a realistic plan in place to achieve its goal of 1,000-units relying on motel conversions.

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/637536939-keller-s-motel-conversion-plan-not-ready-for-prime-time

TARGETED AREA IDENTIFIED

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. Located in the area are a number of motels in the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store  and restaurants such as  Sadies, the Owl Café, and Applebee’s and other businesses.

The city is looking into buying potential properties and claims it has  not yet completed any purchases.  Sources have confirmed the Keller Administration wants to buy the former  Sure Stay Hotel located at 10330 Hotel Circle NE   and also has  its eye on purchasing the abandoned and boarded up Ramada Inn for a motel conversion.

The City Department of Family & Community Services is in the process purchasing the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant,  $2,443,724.00 from Public Facilities monies  and $615,938.12 from Foreclosure Prevention for a total property purchase of  $6,119,324.24. She also outlines how the Department of Family and Community Services has  submitted a request to the HUD Albuquerque  Field Office for the release of  CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel  and the renovation project for the permanent housing with supportive services.

Strong neighborhood and business opposition has emerged and galvanized around  the city’s attempted purchase of the Sure Stay Motel, with some petitioning the city to change the zoning code to disallow motel conversions. A petition with well over 250 signatures of business owners and residents in the area was secured within a few days has been submitted to the city.

On December 14, the following column was published by the on-line news agency New Mexico Sun with the column written by staff reporter T.H. Lawrence:

HEADLINE: GAHLA director: “SOSs” are not the proper solution for the homeless occupants

At least eight organizations have filed appeals against the Dawn Legacy Point Safe Outdoor Spaces homeless tent encampment, asking the Albuquerque City Planning Department to reverse its decision and deny the Safe Outdoor Space application of Dawn Legacy for 1250 Menaul Blvd. NE. 

This comes after the Planning Department unilaterally reviewed the application in private a few months ago with no notice to surrounding businesses or neighborhood associations, no public hearing and no public input, critics charge.

Karl Holme, executive director of Greater Albuquerque Hotel & Lodging Association, expressed support of the appeals in a Dec. 5 letter to Jeff Palmer of the Planning Department. 

“Our association is in support of the appellants against the 1250 Menaul NE Safe Outdoor Space, Dawn Legacy application process in its current form, and in the rush to get things moving, it seems haphazard, as there are few concrete details presented to the public to appropriately allay their fears and concerns,” Holme said in the letter.

Holme stressed that Albuquerque’s Safe Outdoor Space program has not been properly planned and will fail without a legitimate outline. If Albuquerque expands Safe Outdoor Spaces across several locations, he said, the city must meet the needs and demands of the community, which includes having a well-thought-out template with built-in benchmarks and standards for which all third-party contractors must meet.

It also needs an actual game plan to mitigate issues in the neighboring community, which currently does not exist, Holme said.

“GAHLA is very empathetic and supportive of the city of Albuquerque’s efforts to grapple with the challenges associated with homelessness along with the attendant substance abuse and/or behavioral issues,” Holme told New Mexico Sun. “It’s not only a human tragedy but drives crime, drives away tourism business and is a threat to hotel guests. Having a homeless encampment at the crossroads of Interstate 40 and Interstate 25 creates a negative image from a tourism perspective, as it can become an eyesore.

“Both state and federal dollars were spent a few years back to beautify and raise the appeal of this interchange and to promote Albuquerque to those traversing the area,” he added. “In addition we believe there is a Menaul sector plan to enhance the area of which this SOS encampment does nothing to advance.”

Holme said the appeals are well-founded and are supported by his association.

“GAHLA has initially appealed on behalf of the two neighboring hotels, as we have over 1,000 hotel rooms in the area,” he said. “The Crowne Plaza has lost two conventions due to the homelessness issue.”

Holme said the fact that the proper notification was not followed with neighboring properties/businesses not being notified also is reason for concern by area residents and firms.

“The appellants believe the city is not listening to their concerns,” he said. “There is already a crime issue in the area.”

In recent letter to Councilor Trudy Jones, Bob Reule of the Menaul Business Coalition said there are better options to assist people.

“There are currently more humane and effective solutions to sheltering the homeless than shuttling battered women to comingle with men in outdoor tent camps, in sub-freezing temps, with outdoor wash stations and porta-potties, when the City Housing 1st program provides comfortable, indoor brick and mortar accommodations,” Reuele wrote.

Holme said Reule raised salient points.

“Bob Reule’s email contained research from Lindsay Gilbert, president and head of Menaul school, sharing articles about other cities having tried similar programs and are now reversing course or making huge adjustments due to failures,” he told New Mexico Sun. 

“All this giving ample reasons to slow the process down,” he added. “Given that tent camps are not a panacea, what best practices has CABQ undertaken to improve their program? We as a community should learn from the mistakes of other municipalities in this regard.”

The city of Albuquerque has made many investments for the homeless that are seemingly underused. It funded more than $59 million to Family & Community Services in fiscal year 2022 to help care for 1,311 homeless individuals, as identified by the HUD Point in Time Survey, and spent $15 million to purchase the Gibson Medical Center for a shelter.

“We continually hear the mantra that we have to do something,” Reule wrote. “But SOSs are not the proper solution for the homeless occupants, when the city has made the investment to properly house, properly secure, feed, medically treat, council and care for the homeless in an environment that is nurturing and not in conflict with the viability of our fragile business communities and neighborhoods.” 

Tent camps have been attempted and repealed in municipalities nationwide and have failed. Other cities that have tried the Safe Outdoor Spaces model, including Seattle, Portland, Oregon, and Denver, have found it to be ineffective, economically destructive and in many cases life-threatening.

Holme said it’s natural to have concerns since Albuquerque is modeling its homeless policies based on efforts other cities made that have not been successful. The lack of hard specifics shared with the public provides little confidence, he said.

“We also have concerns about the security plan and that outside of the defined area will be affected additionally,” Holme said.

He offered a few steps to reduce the worries of locals as this process continues. These include improving the notification process, providing more communication on specifics and, perhaps, hold a group meeting to share information and discuss details. He also suggested presenting a thorough plan on what third parties will be contracted and how they will manage the program.”

https://newmexicosun.com/stories/637461706-gahla-director-soss-are-not-the-proper-solution-for-the-homeless-occupants—

ENVIRONMENTAL PLANNING COMMISSION VOTES TO ELIMINATE SAFE DOOR SPACES FROM INTEGRATED DEVELOPMENT ORDINANCE

On Thursday, September 15, the City’s Environmental Planning Commission (EPC) voted to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO) by recommending to the City Council to vote YES to repeal the land use. The hearing involved a very detailed analysis of the legislation calling for elimination of Safe Outdoor Spaces from the IDO.  A detailed analysis was conducted and it identified how Safe Outdoor Spaces violated the IDO provisions and the spirit and intent of the IDO.

The overwhelming majority of the testimony given by  members of the general public was in opposition to Safe Outdoor Spaces.  Representatives from neighborhood associations, including the Santa Barbara Martinez town Neighborhood Association, Wells Park Neighborhood Association and the Greater Albuquerque Business Alliance, a coalition of downtown businesses, testified in opposition to Safe Outdoor Spaces.   The arguments made by those opposed to Safe Outdoor Spaces are the following:

1. The City Council amendment for Safe Outdoor Spaceis not well planned out.  Safe Outdoor Spaces will not be safe despite security plans and will be magnets for crime.

2. Safe Outdoor Spacesin the form of “tent encampments for the homeless” constitute temporary housing that has been found to be the least effective means with dealing with the homeless. Many city’s that once embraced city sanctioned homeless encampment such as tent encampments are abandoning them in favor of more permanent housing.

3. Safe Outdoor Spaces will be detrimental to the neighborhoods and surrounding business and interfere with the peaceful use and enjoyment of property, both private and public property, and will reduce property values and interfere with redevelopment efforts.

4. The Safe Outdoor Spaces provisions are not in conformity and contradict the numerous provisions of the Integrated Development Ordinance (IDO), including relating to “higher and best use” of property and the intent and goal of the IDO to have reasonable, responsible redevelopment provisions that do not hinder development.

5. Annual updates and amendments to the IDO, such as is the case with Safe Outdoor Spaces,are enacted without public support or input. The Integrated Development Ordinance (IDO) annual amendment process undertaken by the City Council is seriously flawed and is defective and does not allow for community input for major types of amendments affecting communities, such as Safe Outdoor Spaces.   There is no complete review of data coming from the Planning Department to the EPC for IDO Amendments.  Substantive amendments to the IDO are not being fully investigated and vetted by the Planning Department for recommendations to EPC as was the case with Safe Outdoor Spaces.

6. Safe Outdoor Spacesas adopted City Wide will be catastrophic to business districts. A good example given is the  Menaul Metropolitan Redevelopment Area (MRA) Plan, an area where the Dawn Legacy homeless encampment will be if allowed. The Menaul Blvd corridor within the MRA boundaries is identified as blighted, with shuttered buildings, business that have closed, with no ability to attract new capital investment.  A study and survey involving the Menaul MRA  identified the homeless impact to businesses as a top problem by 93% and crime at 97%. The homeless issues identified by the Menaul MRA study are not unique.  There are 20 other MRAs identified within the City that are also subject to the same “systemic homeless”

7. The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis. Safe Outdoor Spaceencampments violates the city’s “housing first” policy by not providing a form of permanent housing. Safe Outdoor Spaces violates the city’s “Housing First”policy jeopardizing millions of dollars in federal funding by offering temporary housing and tent encampments to the homeless.  In the 2021 fiscal year, the city spent $40 million and in the 2022 fiscal year will be   spending $60 million to assist the homeless and much of the federal funding will be placed in jeopardy because of Safe Outdoor Spaces.

8. Safe Outdoor Spacesare nuisances and are in violation of city ordinances dealing with nuisance abatement on real property, especially property owned by the city.

COUNCIL VOTES TO REMOVE SAFE OUTDOOR SPACE LANGUAGE FROM THE ZONING CODE

On December 5, the City Council voted 5-4 to approved legislation to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use. Voting YES were Republicans Brook Bassan, Renee Grout, Dan Lewis, and Democrats Klarissa Peña and Louie Sanchez. Voting NO were Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn and Republican Trudy Jones.

During the December 5 city council meeting, several public speakers urged the  City Council  to keep Safe Outdoor Spaces arguing they give people who are homeless a better option than illegal camping.  City Councilors Bassan, Lewis and Sanchez in response all noted that their constituents are overwhelmingly against Safe Outdoor Spaces.  City Councilor Bassan said her legislation will not completely outlaw  Safe Outdoor Spaces and she said this:

“Two have been approved so far and there is potential for three more.  …  For those people who say we need to try something, I think it’s important to realize we are going to be trying something.”

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate or be grandfathered in having been allowed initially.  Two are designed for people to sleep in cars rather than tents. The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE.

The  third approved Safe Outdoor Space is the Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  The Legacy Point encampment 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. Notwithstanding the repeal legislation, the Dawn Legacy Point homeless encampment could still be approved and not be affected by the repeal legislation.

The repeal legislation now goes to Mayor Tim Keller who can sign it or veto it. Should Keller veto the repeal, it will require 6 votes to override it.   Keller has already voiced strong support for Safe Outdoor Spaces when he vetoed the one year moratorium and the council failed to override it.  After the vote to repeal, Mayor Keller did not commit to another veto but a spokesperson said  the mayor would “review the legislation”.  The Mayoral Spokeswoman also reiterated Keller’s  general position on Safe Outdoor Spaces saying his administration “has been consistent in our stance that we need every tool to address homelessness.”

https://www.abqjournal.com/2555540/council-votes-to-strike-safe-outdoor-space-language-from-zoning-code.html

COMMENTARY AND ANALYSIS

There are at least 5 major points that Mayor Keller needs to take into serious consideration before he decides to veto the legislation getting rid of Safe Out Door Spaces.  Those considerations are:

1. The City council majority of 5, that has been nonpartisan, has now voted at least 3 times to reject Safe Outdoor Spaces, and Keller has vetoed those votes to force allowing them and to force city funding for them.

2. There has been strong public outrage and opposition to Safe Outdoor Spacesthat goes beyond “not in my backyard” and includes legitimate concerns and proof that they will destroy neighbor hoods and businesses.

3. The Environmental Planning Commission conducted a thorough evaluation of Safe Outdoor Spacesand arrived at the conclusion that Safe Outdoor Spaces are not compatible with the Integrated Development Ordinance.

4. Notwithstanding the removal of Safe Outdoor Spacesfrom the Zoning Code, there are at least 2 that will remain in existence, with a third that may be allowed and 3 others that have been applied for and that may be allowed.

Mayor Tim Keller’s  “all the above approach” to deal with the homeless crisis, which includes Safe Outdoor Spaces, and his administration’s failure to deal with the homeless crisis has had a major impact on his popularity resulting in a 33% approval rating and a 40% disapproval rating. One thing is for certain is that Keller has alienated at a minimum the neighborhood activists in Brook Bassan’s City Council District 4 that has a population of 60,380 and one of the highest voter turn outs in municipal races.

Simply put, the public has lost faith in Mayor Keller’s “all the above approach” to dealing with the homeless and his policies, especially with Safe Outdoor Spaces. His decline in popularity in the polls is affecting his ability to lead on the issue of the homeless crisis.   Mayor Tim Keller needs to listen to the City Council majority, the Environmental Planning Commission, the business community and the public and sign the legislation to eliminate Safe Outdoor Spaces.

Mayor Tim Keller listening is not at all likely given his “my way or the highway”  on Safe Outdoor Spaces and his “I  know what’s best for my city” and to hell with anyone who believes differently. Keller also knows if he vetoes the repeal legislation he can count on the likes of  Republican Trudy Jones not to override  his veto and she will be for a second time the swing vote and the override vote will fail.

On November 14 it was reported that Trudy Jones  will not be seeking another term on the City Council and it’s likely she feels liberated not to respect the will of her constituents.  Trudy Jones expressed her sense of liberation from her constituents in an interview after a  vote not to override Keller’s veto when she said this:

“It’s the right thing to do. … Sometimes, along the line, you have to stick your neck out and do what’s right, not what is politically expected.”

The link to the quoted news sources is here

https://www.abqjournal.com/category/news/abq-news

Unless City Councilor Trudy Jones comes to her senses or has some sort of divine epiphany and changes her mind once again and votes to override Keller’s veto, the override will fail on a 5 to 4 vote when a 6-4 vote is needed and Safe Outdoor Spaces will become law and 2 in each of the 9 City Council Districts will be allowed.  This is the type of conduct that results in general public distrust of city government.

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.  Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances,  such was the case with Coronado Park.

The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

Voters and residents are urged to contact Mayor Tim Keller and voice their opinion and tell Mayor Keller to sign the repeal legislation that will remove Safe Outdoor Spaces from the Integrated Development Ordinance. His phone number,  email address and FAX are as follows:

PHONE: 505-768-3000

FAX: 505-768-3019

EMAIL: mayorkeller@cabq.gov