On the national level, the biggest takeaway from the November 8 general election is that there was no Republican “red waive” as was being predicted  and Der Führer Trump was the biggest loser of the midterm  election.  Below are two news reports, followed by the links, found to be the best analysis of what happened on November 8.

HEADLINE:  Trump left ‘fuming’ after at least 14 of his candidates projected to lose in midterms: Sources “This is a sinking ship,” one top Trump adviser told ABC News.

By Katherine Faulders, Olivia Rubin, John Santucci, and Will Steakin  (November 9, 2022)

“At least fourteen of Donald Trump’s handpicked candidates are projected to have lost their election bids, according to an ABC News count — results that have some Trump aides concerned as the former president prepares for a “big announcement” regarding his potential 2024 presidential run.

Sources close to Trump described him as “fuming” at his Mar-a-Lago estate Tuesday night as GOP candidates he had backed started to lose or underperform.

In addition, Florida Gov. Ron DeSantis’ strong performance in Trump’s adopted home state was a wakeup call for some Trump advisers, sources said. DeSantis, seen as a potential 2024 presidential rival for Trump, easily won reelection.

“This is a sinking ship,” one top Trump adviser told ABC News. “We’re not going to beat that.”

“This was the end of the Trump era and the dawn of the DeSantis era,” a Republican operative close to the Trump orbit told ABC News. “Like every other Trump catastrophe, he did this to himself with stupid and reckless decisions.”

On his Truth Social account, Trump said Tuesday was a “GREAT EVENING.” His candidate for Senate in Ohio, J.D. Vance, was projected to have beaten Democrat Tim Ryan, and his Senate candidate in North Carolina, Ted Budd, was also projected to have won his race — with races in Arizona and Nevada yet to be called and control of the House and Senate still to be determined.

But some of Trump’s most high-profile candidates saw losses in the battleground states of Pennsylvania, Michigan, Wisconsin and Ohio.

Trump was particularly unhappy as he watched two candidates he endorsed in Pennsylvania — Senate candidate Dr. Mehmet Oz and gubernatorial candidate Doug Mastriano — lose their elections. Trump had been in the state rallying for both candidates just three days earlier.

“We have tens of thousands of people here,” Trump told the Pennsylvania crowd at a rally Saturday. “If these people vote for you, Doug, and if they vote for you, Oz, you can’t lose. We can’t lose.”

In an email blast touting “unprecedented successes” that was sent out before any races had been called, Trump boasted that his political action committee had spent “$3.4 million opposing [Oz opponent] John Fetterman in Pennsylvania.”

But a day later, sources say Trump has been angry with his wife, Melania, and Fox News host Sean Hannity, for pushing Trump to endorse Oz. The former president is also blaming aides for misguiding him on some of his other endorsements.

Trump told advisers Tuesday night that he was also shocked that the Georgia race between incumbent Democratic Sen. Raphael Warnock and GOP challenger Herschel Walker was too close to call, per sources. On Wednesday, ABC News reported that neither candidate will receive more than 50% of the vote, sending the race to a runoff on Dec. 6.

As the results came in, the phones of Trump’s top political aides began ringing off the hook — and by the end of the night only a handful of aides remained around him, sources told ABC News.

As the night progressed, Trump told top aides he wasn’t particularly interested in addressing the crowd he had gathered there, although he did end up speaking for a few minutes, telling the crowd that the numbers were “amazing” so far.

Trump announced on Monday that he planned to make a “big announcement” next week about plans for his 2024 presidential run. Some close to Trump told ABC News they hope the vague nature of the statement could give him an escape hatch should he decide not to run.

But others who have spoken with Trump say he’s unlikely to renege on his plans because he’s spent the last two years teasing a run, official announcement or not.

“Hard to back out now,” one adviser said.

Trump adviser Jason Miller told Newsmax on Wednesday that he was hoping Trump would delay his announcement until after the Dec. 6 Georgia runoff, saying, “I am advising the president to hold off until after the Georgia race.”

Trump’s former press secretary, Fox News host Kayleigh McEnany, also said she believes Trump should wait until after the runoff to announce.

When asked if Trump should campaign for Walker in Georgia, McEnany said, “I think we’ve got to make strategic calculations. Gov. DeSantis, I think he should be welcome to the state, given what happened last night. You’ve got to look at the realities on the ground.”

The link to the full unedited news article is here:

https://abcnews.go.com/US/trump-left-fuming-14-candidates-projected-lose-midterms/story?id=92992662

HEADLINE: Candidates who backed overturning Trump loss are rebuffed

By NICHOLAS RICCARDI, November 9, 2022

“Republicans made a striking decision earlier this year to nominate candidates for top statewide posts in swing states who backed overturning President Donald Trump’s loss in 2020. Most of those candidates lost in the midterm election.

Doug Mastriano, who commissioned buses to take Pennsylvanians to the Jan. 6, 2021, protests in Washington failed in his bid to become that state’s governor. Kristina Karamo, a community college instructor who spread misinformation about voting on Twitter even on Election Day, was crushed by Michigan’s Democratic secretary of state.

Mathew DePerno, an attorney who filed a lawsuit spreading Trump’s election lies in Michigan in 2020, lost his bid to be that state’s attorney general. Audrey Trujillo, a political novice who cheered Trump’s defiance of the vote in 2020, was defeated for New Mexico secretary of state.

Two such races remained too close to call on Wednesday — Arizona and Nevada. And in more conservative states, from Indiana to Kansas, election conspiracy theorists still won key positions.

Many observers argued that the 2022 midterm election has shown that imperiling democracy is not politically successful.

“It turns out that trying to overturn an election is not wildly popular with the American people,” said Whit Ayres, a veteran Republican pollster.

That even extends to Arizona, Ayres added, where a prominent former television newscaster-turned-election-conspiracy-theorist, Kari Lake, remains in a right race for governor against Democratic Secretary of State Katie Hobbs, whose campaign has been widely panned.

“The fact that it is close with a very polished, very good Republican candidate and a very weak, very unpolished Democratic candidate tells you how much of a weight election denial is on a Republican candidate,” Ayres said.

Lies and conspiracy theories about elections burrowed deeply into the 2022 Republican field, with nearly one-third of the party’s 85 candidates for governor, secretary of state and attorney general embracing Trump’s efforts to overturn his 2020 loss.

About half of those won — almost all of them incumbents, except for candidates such as Kris Kobach, a member of Trump’s 2016 voter fraud commission who won the race for attorney general in Kansas, and Chuck Gray, a Wyoming state representative who ran unopposed for secretary of state in that heavily Republican state.

More significant are the outcomes in the six states that clinched Joe Biden’s win in 2020 and where Trump and his allies disputed his loss.

In most of those states, as in most of the country, the secretary of state is the top election official while the governor and attorney general often play key roles in voting rules and certifying election results.

In Georgia, Trump unsuccessfully backed a slate of election conspiracy theorists in the GOP primary in May, seeking revenge against incumbent Republicans who rebuffed his requests to overturn his loss.

On Tuesday, Trump lost bids to install supporters in three more of those pivotal states. In Pennsylvania, Mastriano would have had the power to appoint a secretary of state to oversee voting, but he was routed in the governors race by Democratic Attorney General Josh Shapiro. In Wisconsin, Trump’s pick for governor, Tim Michels, lost to Democratic Gov. Tony Evers, dooming Republican dreams of disbanding or significantly overhauling the state’s bipartisan election commission.

In Michigan, Karamo and DePerno had been key players in spreading misinformation about Trump’s loss in 2020. Along with Tudor Dixon, the party’s nominee for governor who repeated Trump’s election lies, they provided a drag on the GOP ticket that contributed to Democrats capturing full control of the statehouse for the first time in decades.

In two other competitive states — Minnesota and New Mexico — GOP candidates for secretary of state who echoed Trump’s election lies lost badly, performing worse than the top of their respective tickets.

“There are more of us pro-democracy Americans who are not Democrats — who look at the Republican Party and say ‘That is not for me’ — and that was borne out last night,” said Jeff  Timmers, a former chairman of the Michigan Republican Party.

Nevada and Arizona will continue to test that idea as ballots are tallied in their close races for top statewide posts.

Nevada is where former state lawmaker Jim Marchant organized a coalition of election conspiracy theorists to run for voting posts nationwide as he himself ran for his state’s secretary of state position.

Democracy advocates were optimistic on Wednesday, especially as some Republicans conceded their losses without alleging mass fraud.

“We’re seeing a bit of a scramble for the right message” among election deniers online, said Emma Steiner, who monitors disinformation for Common Cause.

She said concessions from candidates including Dixon in Michigan and Mehmet Oz in Pennsylvania make “it a little more difficult for election deniers to continue.”

But even as advocates celebrated, they kept a wary eye on Arizona and Nevada and acknowledged that Trump has inflicted grave damage on the trust in democracy that helps bind the country together.

“Without a doubt, election denial is alive and well, and this is a continuing threat,” said Joanna Lydgate of States United, which has sought to publicize the danger of election conspiracy theorists. But she took solace in Tuesday’s results.

“It was a really good night for democracy,” Lydgate said.

The link to the full unedited news article is here:

https://apnews.com/article/2022-midterm-elections-donald-trump-race-and-ethnicity-e825e069640f1c89063210c39cd92ae4

NEWS UPDATES

DEMOCRAT SENATOR KELLY WINS RELECTION IN NEVADA

On November 11, CNN projected Democratic Senator  Mark Kelly of Arizona, who was elected in 2020 to fill the term of the late Republican  Senator  John McCain, has won  reelection.  Kelly’s defeat of venture capitalist Blake Masters, who had echoed former President Donald Trump’s lies about the 2020 election, marked yet another rejection by voters of a Trump-backed candidate who Democrats portrayed as an extremist.

So far, Democrats will hold 49 seats in the Senate and Republicans will hold 49.  Democrats only need one more seat to clinch the majority in the Senate which will require Vice President Kamala Harris casting the tie breaking vote. They could reach that critical 50-seat threshold if they are successful in Nevada, where Democratic Sen. Catherine Cortez Masto is closing in on Republican Adam Laxalt, the state’s former attorney general who called the 2020 presidential election “rigged” and filed lawsuits on Trump’s behalf trying to overturn Biden’s 2020 victory in Nevada.

https://www.cnn.com/2022/11/11/politics/mark-kelly-blake-masters-arizona-senate-results

CONTROL OF THE HOUSE INCHES CLOSE TO REPBUBLICAN CONTROL

Republicans are poised to secure a slim majority in the 435-seat House of Representatives.  As of November 12, control of the US House of Representative remains up in the air with 21 races still uncalled. 218 seats are needed to control the House.  Democrats have won 203 seats so far, while Republicans have won 211.  Many of the uncalled House races are in California.

CONTROL OF THE SENATE INCHES CLOSE TO DEMOCRAT CONTROL

As of November 12, the United States Senate is split evenly with 49 Democrats and 49 Republicans and control of the Senate remains undecided. There are two Senate races  that remain to be decided, one in Nevada and the other in Georgia.

NEVADA SENATE RACE

As of November 12, Republican Adam Laxalt is holding onto a slim lead of just more than 800 votes over Democratic incumbent Senator  Catherine Cortez Masto.  If Cortez Masto wins, Democrats have at least 50 seats needed regardless of the outcome of the Georgia Senate runoff. If Laxalt wins, the Georgia run-off will determine Senate control, as it did in 2021.

GEORGIA SENATE RACE

The United States Senate race has already been force into a runoff between Democrat Incumbent Raphael Warnock and Republican Hershel Walker with neither securing 50% plus one in the general election.  On November 8,  Democrat Warnock secured 49.4% of the vote (1,941,515 votes)  Republican Walker secured 48.5% (1,906,261 votes) of the vote and Libertarian Chase Oliver secured 2.1% (81,179)  of the vote.  The runoff election is schedule for December 6, 2022.

TRUMP TO ANNOUNCE THIRD RUN FOR PRESIDENT ON NOV. 15

It has been reported that Donald Trump, 78, will announce on Tuesday November 15 that he is running for President a third time.   Trump has been hinting at running again at his rally’s saying he will make  “very big announcement” on November 15.

Jason Miller, a Trump longtimre advisor, told former Trump aide Steve Bannon on his “War Room” podcast:

“President Trump is going to announce on Tuesday that he is running for president. …   It’s gonna be a very professional, very buttoned-up announcement.”

Miller said Trump told him, “there doesn’t need to be any question, of course I am running.”

https://www.news18.com/news/world/trump-to-announce-2024-presidential-bid-on-nov-15-longtime-aide-miller-confirms-6365461.html

COMMENTARY AND ANALYSIS

There is absolutely no doubt that Democrats essentially dodge a bullet on November 8 by outperforming what national pundits were predicting which was a “red wave” and a complete and total retake of both the House and Senate chambers. Four days after the election, there is still no decision who actually controls either chamber.  The likely final result is the House will be controlled by the Republicans and the Senate will be controlled by the Democrats with the both controlled by the slimmest majority’s.  President Biden, despite having a 44% approval rating, emerged the victor having bested his predecessors Clinton, Bush, Obama and Trump with is party not taking shellacking and not losing 40 to 60 US House seats.

Der Führer Trump was the clearest loser in the 2022 midterms with so many of his handpicked candidates losing and who were election deniers. Campaigns for President are usually announced long after mid term elections. Der Führer Trump’s announcement one week after the 2022 midterms is more likely than not designed to fend off likely criminal charges over taking top secret documents from the White House, charges stemming from his efforts to overturn the 2020 election and the attack on the US Capitol by his supporters on January 6, 202, and other criminal investigations in the state of  Georgia for election interference and the criminal investigations in the state of New York on the Trump organization.  Trump also  likely wants to undercut Florida Governor Ron DeSantis, who won reelection by a landslide, and who has now emerged as the biggest threat to Trump.

 

Each Veterans day, I am compelled to pay tribute to members of my family who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan. The United State was at war with Italy during World War II. My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. My Uncle Pete Dinelli was killed in action when he stepped on a land mine. My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II.

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also saw extensive combat in World War II. My Uncle Alex Freques served in England and was in the Air Force. My uncle Fred Fresques saw extensive action in the US Army infantry to the point that he refused to talk about what he saw to anyone. My Uncle Fred was awarded 3 bronze stars and the purple heart for his war time service.

After the war, Uncle Fred returned to Albuquerque and raised his family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father in law, George W. Case, who passed away in 2015  at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father in law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father in law George Case returned to Albuquerque was married to my mother in law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owned a liquor store for a few years and then went on to build, own and operate the Old Town Car wash and was in the car wash industry for a number of years.

My nephew Dante Dinelli, was born and raised in Albuquerque and joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and to this day still works in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister, Pauline and my brother in law Marvin, who is a retired APD Police officer, were born and raised in Albuquerque and went to Bosque Prep. Both Mathew and Brandon are Majors in the United States Marine Corps and both are climbing the promotion ladder in the Marine Corps. My nephew Major Brandon Barnes is a graduate of the US Naval Academy. My nephew Major Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices will never be forgotten. God bless you all and God Bless the United States and all of our freedoms you fought for to protect this great democracy.

 

On November 9,  the day after the general election, Democrat Gabe Vasquez declared victory over Incumbent Republican Representative Yvette Herrell in the Southern 2^nd Congressional District. The race had been declared too close to call on election day, but after all votes had been  counted in all 650 precincts, Vasquez won with 50.2% to 49.7% of the vote. The vote is above the level calling for an automatic recount.

According to the Secretary of State’s Office Vasquez won the  race by 1,224 votes out of 192,232  total votes cast.  Republican Yvette Herrell secured 95,470 votes, Democrat Gabe Vasquez secured 96,747 and write in candidate Eliseo Luna secured 15 votes.

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=FED&map=CTY

Democrat US Representative Gabe Vasquez elect had this to say in a statement:

“Make no mistake about it, there’s nothing that happens in Washington that New Mexico can’t do better. … To everyone out there struggling, no matter whether you voted for me or not, please know this: I see you, I hear you, and I’ll fight my heart out for you. Because public service is a sacred responsibility that I will never take for granted.”

Republican Congresswoman Herrell for her part did not deny the results of the election, as she did with the election of President Biden,  and called Vasquez to congratulate him.  However she did blame her loss on the “gerrymandering” of the district and hinted she will run again in two years.  Harrell had this to say in a statement:

“While we are all disappointed in the final results, I am incredibly proud of our team and the work we did serving our district,  and I am grateful for the steadfast support of so many people who help us along the way. I’d also like to congratualate Gabe Vasquez on his victory.”

“Two years ago, the Democrats in Santa Fe announced they would gerrymander our district to ensure they would totally control our state’s federal delegation. Unfortunately, they did just that, ignoring the will of the people in the process.  While this was enough to give them a victory by less than 1% in this election, I am confident in our party’s ability to retake this seat next cycle as Joe Biden’s agenda continues to damage our great nation. Stay tuned!”

The links to quoted news sources are here:

https://www.abqjournal.com/2547600/vasquez-apparent-winner-in-cd2-race.html

https://www.kob.com/new-mexico/vasquez-herrell-in-a-dead-heat-for-cd-2-u-s-house-seat/

CONGRESSIONAL REDISTRICTING

State lawmakers changed all 3 of New Mexico’s congressional maps earlier this year as part of redistricting, which is done every 10 years based on the United States census. Before redistricting, geographically the second congressional district was essentially the entire Southern half of New Mexico and included the most conservative parts of the state.  Many southern counties were  previously part of the 2nd Congressional District but are now in the 1st and 3rd congressional districts as a result of redistricting.

On election night, Yvette Herrell was in the lead by several hundred votes. However, Vasquez took a lead overnight after more votes were counted.

The 2022  redistricting had an immediate impact. Vasquez secured 59% of the vote in Bernalillo County, which resulted in upwards of   9,000 more votes than Herrell in Bernalillo  county. Vasquez also  carried Doña Ana County which includes his hometown of Las Cruces and which is heavily Democratic.  Vasquez won Dona Ana county 56% to 43%, which resulted in upwards of  7,000 mote votes more than Herrell.  Elec

Herrell for her part dominated Vasquez in rural parts of the district. In Eddy, Catron and Lea counties, she earned 74%, 75% and 78% of the vote, respectively. But those three counties netted her only about 8,200 more votes than Vasquez.

HOTLY CONTESTED RACE WITH NATIONAL IMPLICATIONS

The race for the Southern 2^nd Congressional District was one of the most contentious, most expensive races in the country.  It has national implications, especially now that the Republicans are on the verge of re-taking the US House by a few votes.

The Republican National Committee opened Hispanic community centers in the Bernalillo County portion of the district and in Las Cruces in an effort to make inroads with Hispanic voters.  The Democratic Congressional Campaign Committee picked the race for its “Red to Blue program” which sought to raise money for Democratic candidates trying to flip congressional seats.

Yvette Herrell was running for a second term after she first lost the seat to Xochitle Torrez Small who served only one term.   Harrell had  succeeded Steve Pierce and lost a re election bid to Torrez Small.  Herrell’s 2022 campaign mirrored the National Republican Party Agenda and focused on inflation, border security and crime.

Vasquez is a first-generation American and former Las Cruces city councilor and he is fluent in Spanish. He zeroed in on Yvette Herrell’s  extreme positions which included criminalizing  all abortions, being and election denier and  voting  against certifying the results of the 2020 presidential election, even after she witnessed the January 6 capitol riot by Trump election deniers and also denied the 9/11 terrorist attack.  She was the  only member of New Mexico’s congressional delegation to vote  against the  emergency aide to Northern New Mexico to deal with the wild fires.

ALBQUERQUE JOURNAL POLL PREDICTED UPSET

On October 31, the Albuquerque Journal published its first and only poll results in the states 3 congressional races. The poll in the 2^nd Congressional District between Republican Incumbent Yvette Herrell and Democrat Gabe Vasquez  came as a very big shock to the political establishment in both the Democrat and Republican party establishments.

The Journal poll found that Democratic challenger Gabe Vasquez has a  2% lead over incumbent Republican Yvette Herrell. The polling gave  Vasquez 47% of likely voters supporting him while 45% favor Herrell with  8% of voters are undecided. The 2^nd Congressional District for decades had been dominated by very conservative southern New Mexico and had elected Republicans and was represented Republican Party State Chair Steve Pierce who while in congress was a member of the ultra-conservative Freedom Caucus.

The link to the full, unedited Albuquerque Journal article which include graphs is here:

https://www.abqjournal.com/2544863/democrat-has-edge-in-race-for-us-house-seat.html

COMMENTARY AND ANALYSIS

Talk about a political rout. In the 2022 general election,  New Mexico Democrats not only defeated virtually all Republicans by very comfortable margins in all statewide executive offices and judicial offices, they also  added a seat to the already overwhelming state House Majority.

To add a huge dose of salt to the bleeding New Mexico Republican wounds, Democrat Gabe Vasquez scored a major upset defeating Republican Yvette Herrell  in Second Congressional District making all 3 of New Mexico’s Congressional Districts held by Democrats.

Talk about a political rout.  New Mexico Democrats not only defeated virtually all Republicans by very comfortable margins in all statewide executive offices and judicial offices, they appear to have added a seat to the already overwhelming state House Majority. To add a huge dose of salt to the bleeding Republican  wounds, Democrat Gabe Vasquez scored a major upset defeating Republican Yvette Herrell in Second Congressional District making all 3 of New Mexico’s Congressional Districts held by Democrats.

GOVERNOR’S RACE

According to unofficial results, Lujan Grisham held a six-point percentage lead over Ronchetti with more than 660,000 votes cast in the race which is the identical margin Lujan Grisham had over Ronchetti in the last Albuquerque Journal  poll.

Democrat Governor Mitchell Lujan Grisham basked in the glory of her landslide victory over challenger Mark Ronchetti by essentially rubbing the TV Weatherman’s face in his loss.  When she first took to the stage  she initially claimed she was a little late  to declare victory because she was busy reviewing the state’s weather forecast.  She then told the cheering crowd:

“The weather forecast for New Mexico is four more years of progress!  Four more years of rebuilding our beloved state.”

She also denounced Ronchetti’s attacks of division on New Mexico’s  culture and values coming from an outsider. Given the barrage of highly negative and at times false campaign  ads launched by Ronchetti questioning her character,  its difficult to fault her lampooning him.

Amid boisterous chants of “four more years” and with her husband, brother and adult daughters alongside her, she  vowed to work to reduce poverty rates, improve public schools and expand child care programs  saying “You guys know me, I’m relentless.”

The Governor did acknowledged the difficulty of the last four years saying:

“It’s been a hard four years. … New Mexicans and New Mexico have been through a hell of a lot.”

She noted  the COVID-19 pandemic and wildfires that plagued the state, and despite those difficulties, the state of New Mexico has prevailed and emerged stronger.

Republican Mark Ronchetti for his part was less than gracious with his conccesion speech taking a swipe at New Mexico’s religious values.    Ronchetti,  joined by his wife and eldest daughter, said in a speech to supporters shortly after 9:30 p.m.  that he was “unlikely to win the race”. Ronchetti said this

“The reality is, for our campaign, it will likely come to an end tonight, without winning. … If the state of New Mexico draws closer to God, brighter days are ahead.”

He urged supporters not to give up on New Mexico and added that the election revealed a disconnect in New Mexico between rural New Mexico and urban New Mexico and that he intended to press on advocating for issues but not elaborating how or what.

Governor Lujan Grisham posted a blowout victory holding the lead throughout the evening count. She secured her victory lead with 40,000 votes to win Bernalillo County and 35,000 votes to win in Santa Fe County. Ronchetti for his part did have landslide victories in the conservative souteast counties of Lea where he secured 82% of the vote,  Eddy County where he secured 77% of the vote and 72% in Chavez but the vote tallies were essentially from Republican strongholds and in no way could make up for the Governor’s victory margins in the cities of Albuquerque, Santa Fe and Las Cruces.

The 2022 race for Governor prove to be the  most expensive race in New Mexico history. According to the last campaign finance reports filed with the New Mexico Secretary of State, Lujan Grisham reported raising $12.5 million for her reelection bid while Ronchetti  raised and spent nearly $9.3 million.

Links tp quoted news sources are here:

https://www.abqjournal.com/2547544/michelle-lujan-grisham-wins-second-term-as-governor.html

https://www.koat.com/article/new-mexico-gubernatorial-election-results-2022/41648608

CONGRESSIONAL RACES

In the Southern 2^nd Congressional District, Democrat Gabe Vasquez squeaked out a major upset over Incumbent Republican Representative Yvette Herrell with 50.2% to 49.7%. This  is above the level calling for an automatic recount. The lead as reported by the Secretary of State’as office  is 1,015 votes resulting in all 3 House congressional districts held by Democrats.  Redistricting played the biggest influence in the race where Albuquerque South Valley is now included in the  2nd Congressional District.

In  the Albuquerque 1^st  Congressional District, incumbent  Representative  Melanie Stansbury won her first full two year term  defeating Republican Michelle Garcia Holmes 56% to 44%.

In the 2^nd Congressional District, incumbent Representative Teresa Leger Fernandez won beating Republican Alexis Martinez Johnson 58% to 42%.

DATA DOWNLOAD

Following are the results of the 2022 election of the major races worth noting, minus the political gossip and spin:

GOVERNOR

Democrat Incumbent Governor Michelle Lujan Grisham:  701,264 (52%) 

Republican Mark Ronchetti: 320,555 (46%)

Libertarian Karen Bedonie: 17,163 (2%)

TOTAL VOTE: 701,264

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=SW&map=CTY

SECRETARY OF STATE

Democrat Incumbent Maggie Toulouse Oliver:  377,674 (54%)

Republican Audrey Trujillo:  297,099 (43%)

Libertarian Mayna Myers:  19,770  (3%)

 https://electionresults.sos.state.nm.us/resultsSW.aspx?type=SW&map=CTY

ATTORNEY GENERAL

Democrat Raul Torrez:  381,339  (55%)

Republican Jeremy Gay:  310,486 (45%)

TOTAL VOTE:  691,825

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=SW&map=CTY

STATE TREASURER

Democrat Laura Montoya:  363,503  53%

Republican Harry Montoya:  322,194 (47%)

TOTAL VOTE:  685,697

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=SW&map=CTY

COMMISSIONER OF  PUBLIC LANDS

Incumbent Democrat Sephanie Garcia Richard:  372,56555% (55%)

Republican Jefferson Byrd:   307,424 (45%)

TOTAL VOTE: 680,521

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=SW&map=CTY

STATE AUDITOR

Democrat Joseph Maestas  392,237 (62%)

Libertarian  Travis Steven Sanchez  243,245 (38%)

TOTAL VOTE:  685,697

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=SW&map=CTY

NEW MEXICO US CONGRESSIONAL RACES

1^st  CONGRESSIONAL DISTRICRT: STANSBURY LEADS GARCIA HOLMES 

Democrat Incumbent Melanie Stansbury: 154,791 (56%)

Republican Michelle Garcia Holmes: 123,437 (44%)

TOTAL VOTE: 278,260

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=FED&map=CTY

2^nd CONGRESSIONAL DISTRICRT

Democrat Gabe Vasquez: 96,253  (WINNER)

Republican Incumbent Yvette Herrell: 95,238

TOTAL VOTE: 191,500

 https://electionresults.sos.state.nm.us/resultsSW.aspx?type=FED&map=CTY

 3^rd CONGRESSIONAL DISTRICT:

Incumbent Democrat Teresa Leger Fernández: 129,333  (58%) (WINNER)

Republican Alexis Martinez Johnson: 94,155 (42%)

TOTAL VOTE: 223,488

https://electionresults.sos.state.nm.us/resultsSW.aspx?type=FED&map=CTY

SUPREME COURT AND COURT OF APPEALS

SUPREME COURT POSTION 1

Democrat Julie Vargas  53% (359,725)

Republican THOMAS C MONTOYA  47%  (324,536)

TOTAL VOTES: 684,261

SUPREME COURT POSITION 2

Democrat BRIANA H ZAMORA  54%  (368,850)

Republican KERRY J MORRIS  46%  (314,71)

TOTAL VOTES:  683,566

JUDGE OF THE COURT OF APPEALS POSITION 1

DEMOCRAT GERALD EDWARD BACA 50%  (343,142)

REPUBLICAN  BARBARA V JOHNSON  44%  (303,008)

LIBERTARIAN SOPHIE  COOPER 5%  (36,792)

TOTAL VOTES: 682,942

JUDGE OF THE COURT OF APPEALS POSITION 2

DEMOCRAT KATHERINE ANNE WRAY:  51%    (343,852)

REPUBLICAN GERTRUDE LEE 43%  (293,747)

LIBERTARIAN STEPHEN P CURTIS 6%  (42,959)

TOTAL VOTES:  680,558

BERNALILLO COUNTY COMMISSION

County Commissioner District 1

Democrat Barbara Baca: 62%  (31,443)

Republican Michaela Chavez   38%  (19,122)

County Commissioner District 5

Democrat Eric Olivas:  54%  (30,415)

Republican Judy K. Young: 46% (26,073)

BERNALILLO COUNTY SHERRIF

Democrat John Allen:  54%  (125,568)

Republican Paul Pacheco:  42%  (97,145)

Libertarian Kaelen Dryer: 4% (9,845)

CLOSELY WATCHED NEW MEXICO HOUSE SEATS

House District 27 (Albuquerque NE Heights)

Incumbent Marian Matthews 7,631 (WINNER)

Robert S. Godshall 6,504

House District 28

Appointed Incumbent Representative  Pamelya Herndon: 7,462 (WINNER)

Republican Nicole Chavez: 6,833

House  District 17 (Albuquerque West Side)

Democrat Cynthia Borrego: 5,902 (WINNER)

Republican Ellis McMath: 5,309

House District 68

Democrat Charlotte Little: 5,564

Republican Robert Moss: 5,579 (WINNER)

House District 29

Incumbent Democrat Joy Garratt: 7,269

Gregory G. Cunningham: 6,426

House District 30

Incumbent Democrat  Representative Natalie Figueroa: 6,641 (WINNER)

Republican Kurstin Johnson: 5,505

HOUSE DISTRICT 36 (Las Cruces area)

Democrat Nathan P. Small:  5,026  (52%) (WINNER)

Republican Kimberly A. Skaggs: 4,669  (48%)

HOUSE DISTRICT 44 (Corrales Area)

Democrat Kathleen M. Cates:  6,126  (WINNER)

Incumbent Republican Jane Powdrell-Culbert  5,045

HOUSE DISTROCT  57

Democrat Michelle Elenor Sandoval: 4,156 (WINNER)

Jason Carl Harper: 3,891

CONSTITUTIONAL AMENDMENTS

AMENDMENT 1:  Diverting additional funding from the state’s permanent fund for early childhood education care and  at risk students, extending the school year and teacher compensation.

YES:   464,808  (70%)

NO:   197,134  (30%)

TOTAL VOTE:  661,942

AMENDMENT 2: To allow public investment to provide access to essential household services, including internet, energy, water, wastewater and other similar services as provided by law.

Yes:  418,322 (65%)

No:  225,313 (35%)

TOTAL VOTE: 643,635

AMENDMENT 3:  After being appointed, should judges serve on the bench for one year before running for office.

YES: 433,905 (69%)

nO:  236,011 (37%)

TOTAL VOTES: 631,290

https://electionresults.sos.state.nm.us/default.aspx

 FINAL COMMENTARY

Congratulations to all the winners and best wishes to the losers. A big thank you to both for your willingness to run for office. Democracy has prevailed and the voices of the people have been heard and must be respected and to hell with election result  deniers who try to disenfranchise voters.  On to election 2024.

PICTURE THIS: Salary increases between 22% and 368% for Keller appointed unclassified senior management executives, no job descriptions for executive staff, no resumes, no background checks, no minimum qualification, no performance goals, no performance evaluations, no pay ranges, conflicts of interest, pre-determined hiring with only one applicant.  All these scenarios and violations of the city’s personnel rules and regulations were found to be pervasive by the City of Albuquerque’s Accountability in Government Oversight Committee in a Special Audit conducted by the Office of Internal Audit (OIA) on the City’s “Hiring Practices Involving Unclassified Employees”.  The audit was released on October 19, 2022.

The Special Audit conducted by the Office of Internal Audit (OIA) contains an Executive Summary with recommendations.  An edited version of the Executive Summary is as follows:

EXECUTIVE SUMMARY

The City’s use of unclassified positions increased 97% percent, from 314 to 620, in the period of Fiscal Year 2015 to Fiscal Year 2022. This increase [dramatically outpaces]  the modest 14% increase in the City’s total funded full-time employee positions. While the City’s annual budget details the total number of budgeted full-time positions, it does not indicate how many of those positions are classified and unclassified, which would provide for greater transparency and oversight.

During the period, 83 employees moved from classified to unclassified positions, receiving salary increases between 22%  and 368% . …  [A] number of senior management and deputy director employees received salary increases, though their job duties for these positions did not change, and the increases were not based on their job performance. The majority had no record justifying the increase, and none of the employees tested had a completed performance evaluation on file during the period

Although not required, job descriptions were not created for 53%  of unclassified positions tested, for which annual salaries totaled $4.3 million. Additionally, only 21%  of positions tested had an application and/or a resume on file related to the position, and only 13%  had evidence demonstrating verification that the applicant met the minimum requirements. While 9 positions were publicly advertised, only 4 had record of being interviewed.

Lastly, 67% had neither a Background Investigation Disclosure and Consent Form nor a Release of Liability & Felony Identification form on file. Without job descriptions, it is uncertain whether unclassified positions were created to validate paying some employees higher salaries though their job duties and responsibilities were similar in complexity to that of existing classified positions. This, combined with the inconsistencies in hiring practices, may perpetuate the perception that the City’s hiring process for unclassified positions is unfair and susceptible to favoritism, both of which can impact the City’s ability to hire and retain talent

Requirements for unclassified appointments do not exist to ensure that candidates possess the appropriate background, experience, and qualifications, nor to ensure that candidates are free from conflicts of interest. Due to the lack of policies, departments may follow but are not required to follow the prescriptive rules required of classified positions.

As a result, these processes are often inconsistently applied and can be expedited, as formal or competitive hiring is not required. Further, the Merit System and Personnel Policy Ordinance have not been modified since 2010, and the City’s current classification and compensation structure has not been re-evaluated since its inception in 1999.

RECOMMENDATIONS

Based on the released audit, the Accountability in Government Oversight Committee made the following recommendations:”

“City Administration should:

Continue efforts to conduct a classification and compensation study. 

Evaluate whether provisions of the Merit Ordinance should be modified to be better reflective of the City’s current hiring activities.

Enhance collection and maintenance of classification detail for budgeted and filled positions.

Require that requests for pay adjustments for employees in unclassified positions be supported by a written justification explaining the business need for the salary increase.

Develop policies to ensure that salaries for the unclassified positions are not greater than that to which the employee would be entitled under the City’s classified pay plan or benefits schedule; develop policies to prevent the creation of unclassified positions to validate paying employees higher salaries when their job duties and responsibilities were similar in complexity to that of existing classified positions.”

The here  link to review:  Audit No. 22-116 HRD Citywide Hiring Practices Involving Unclassified Employees

CITY HALL  REACTION  TO AUDIT

The Keller Administrations Human Resource Department responded to the audit recommendations expressing a level of hostility and had this to say in a statement:

“[The “fundamental purpose of an unclassified position is to provide flexibility for the Administrations in implementing goals and objectives during the administrative term. …  Maintaining that flexibility allows for the innovation and efficient implementation of new ideas.”

The link to the full, unedited,  Albuquerque Journal report is here:

https://www.abqjournal.com/2531378/city-governments-unclassified-workforce-grows-under-keller.html

CLASSIFIED VERSUS UNCLASSIFIED

There are 5,947 City Hall employees that are “classified employees” who are covered by the city’s personnel rules and regulations. Classified employees have vested rights including retirement benefits, sick leave and annual leave benefits and can only be terminated for cause. Disciplinary actions such as suspensions, demotions and terminations can be appealed by classified employees to the City Personnel Board. The City of Albuquerque pays an average of $17.61 an hour to City Hall employees or $36,628.80 a year depending on the positions held and required education level and training levels. (40-hour work week X 52 weeks in a year = 2,080 hours worked in a year X $17.61 paid hourly = $36,628.80)

https://www.payscale.com/research/US/Employer=City_of_Albuquerque/Hourly_Rate

https://www.cabq.gov/humanresources/city-employment-opportunities

There are 589 full time “unclassified” positions at City Hall, who are “at-will” employees who can be terminated “without cause” and who work at the pleasure of the Mayor or the City Council. “Unclassified employees” or exempt employees do not have the same vested rights classified employees have. They have no appeal rights to the City Personnel Board for disciplinary action so when they are fired, they are in fact terminated with little or no recourse.

City Department Directors are at will employees and paid yearly salaries and are paid whatever the Mayor decides to pay them and what they can negotiate.  Their salaries are broken down into hourly rates for payroll purposes.  The average pay for Department Directors under Keller has been $116,000 to $125,000 a year depending on experience and background. However, Keller’s top executive staff of Chief Administrative Officer, Chief Operations Officer, Chief Financial Officer, APD Chief of Police  and City Attorney are all paid between $150,000 to $200,000 a year. The 27 Department Directors are not paid time and a half when they work in excess of a 40-hour work week.

On September 10,  the Albuquerque  Journal published on its front page, below the fold,  an investigative entitled “City government’s unclassified workforce grows under Keller” and written by staff reporter Jessica Dyer.

According to the Journal column, when Keller was sworn into office on December 1, 2017, the city had a $957 million budget and 5,956 funded full-time positions.  The  current 2022-2023 year’s budget is $1.4 billion and the Journal reported there are now  6,911 jobs in city government, though upwards of 20% remain unfilled.

The link to the full, unedited Albuquerque Journal report is here:

https://www.abqjournal.com/2531378/city-governments-unclassified-workforce-grows-under-keller.html

LIST OF 250 TOP CITY HALL WAGE EARNERS

At the end of each calendar year, City Hall releases the top 250 wage earners. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. The City of Albuquerque updated the list for the year 2021.

According to the list of the top 250 city hall wage earners, they were paid between $119,356.16 to $211,144.75. The City of Albuquerque has 26 separate departments with all 26 department directors who are at will employees who are  appointed and serve at the pleasure of  the Mayor.  21 of the 26 Departments have assigned to them employees listed in the top 250 wage earners.

The list of 250 top wage earners includes both classified and unclassified positions with 146 listed positions assigned to APD and 48 assigned to the Fire Department for a total of 194 positions out of the 250.  The remaining 56 positions earning between $119,356.16 to $211,144.75 are scattered throughout 19 other departments and are at will, unclassified positions appointed  by the Mayor. 16 are assigned to City Support, 9 to Municipal Development, 5 to Finance Admin Services, 4 to the Chief Administrative Office, 3 to City Legal, 3 to Cultural Services, 2 to each to Human Resources, Technology and Innovation and Parks and Recreation and 1 each to the Planning Department, Environmental Health, Office of the City Clerk, Family Community Services, Mayor’s Office, Animal Welfare, Senior Affairs, Solid Waste, Aviation and Council Services.

The top upper commands of the APD and Fire Departments and Chief Offices and Deputies are unclassified, appointed by the mayor with a balance of upwards of 40 employees of the 250 top paid positions being “unclassified”, at will positions, with those employees assigned to other departments.

Seven of 10 APD Chief executive command staff are listed in the top 250 city wage earners. All 7  of the positions are considered “at will employees” and serve at the pleasure of Mayor Keller and are not paid overtime.  All 7  are reported to have a received a pay increase upwards of 8% beginning January 1, 2022.

Executive salaries and Department Directors individuals and what they were paid in 2021 are as follows:

MAYOR’S SENIOR STAFF

Nair,Sarita, CA-Chief Administrative Office Chief Admin Officer, $196,773.12. (On March 11, CAO Sarita Nair announced her departure from city hall with sources saying that she did not have the sufficient votes to be confirmed by the city council. Niar was eventually replaced by Lawrence Rael.)

Rael,Lawrence,  Deputy Chief Administrative Office, Chief Operations Officer, $191,600.30. (On Jun 24, 2022, Lawrence Rael was promoted and is now the Chief Administrative Officer.)

Aguilar Jr, Esteban , City Attorney, $150,724.32 (On May 17, it was announced in a press release that City Attorney Esteban Aguilar, Jr. was leaving his position at the end of May.On June 22, 2022 Lauren Keefe became Albuquerque’s City Attorney, making her the first ever appointed female city attorney.

Bhakta,Sanjay, Finance Admin Svc Chief Financial Officer, $150,224.31.

Sourisseau,Kevin, Chief Administrative Office Associate CAO, $130,261.91

Puelle, Michael, Chief Administrative Office Chief of Staff, $139,445.91  (On September 12, 2022  it was announced that Michael Puelle was named UNM’s chief government relations officer.)

DEPARTMENT DIRECTORS AND DEPUTY DIRECTORS

Following are the names are department directors and deputy directors appointed by Mayor Tim Keller with salaries paid for the full 2021 calendar year:

Osterloh,Brian, Technology and Innovation Director, $144,118.55
DiMenna,Mark, Environmental Health, Deputy Director, $132,786.87
Leech,Mark, Technology and Innovation Deputy Director, $135,419.97
Simon,David, Parks and Recreation Director, $135,204.31
Ortega,Carolyn, Animal Welfare Director, $130,549.91
Martinez,Jennifer Renee, Finance Admin Director, $130,041.12
Pierce,Carol, Family Community Services Director, $130,041.12
Martinez,Jennifer Renee, Finance Admin Svc Director, $130,041.12
Montoya,Charles, Municipal Development Director, $130,041.11
Daniel,Christopher Finance Admin, Chief Investment Officer, $128,545.11
Whelan, Matthew,  Solid Waste Director, $124,877.92
Watson,Ethan, City Clerk, $124,877.91
VanEtten de Sanchez,Mary, Cultural Services Director, $124,877.91
Romero,Anthony, Human Resources Director, $122,747.91
Sandoval,Donna, City Controller, $125,989.90
Sanchez,Anna, Senior Affairs Director, $124,877.90
Rogers,Paul, Municipal Development Deputy Director, $123,362.71
Varela,Alan, Municipal Development Deputy Director, $123,180.37
Stowell,Stephanie, Cultural Services, BioPark Administrator, $122,468.86
Flores,David, Parks and Recreation Deputy Director-Parks & Rec, $118,959.95
McCurley,Richard, Aviation Deputy Director Aviation, $118,005.92
Smith,Dean, Cultural Services, Assoc Director Library, $116,776.07
Davis,Lawrence, Finance Admin, City Budget Officer, $116,733.91
Truong,Loc, Human Resources, Deputy Director, $113,739.92

Following are the 7 top APD command staff  with pay listed for the full 2021 calendar year:

Medina, Harold, Police Chief Of Police, $177,562.68
Smathers, Michael Jay, 1st Deputy Chief, $149,881.56
Garcia, Eric, 2nd Deputy Chief, $147,444.20
Barker, Cecily, Deputy Chief, $147,201.70
Griego, Jon J , Deputy Chief $144,228.47
Brown, Joshua Deputy Chief, $134,608.38
Lowe, Cori Deputy Chief, $128,409.85

The link to the top 250 wage earners listing names, titles and salaries paid can be found here:

https://publicreports.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FTop%20Earners%20of%20the%20City%20of%20Albuquerque%20List&id=i5AAD1EA752BA417099BA819E482F6642&objRef=i5AAD1EA752BA417099BA819E482F6642&action=run&format=HTML&cmPropStr=%7B%22id%22%3A%22i5AAD1EA752BA417099BA819E482F6642%22%2C%22type%22%3A%22report%22%2C%22defaultName%22%3A%22Top%20Earners%20of%20the%20City%20of%20Albuquerque%20List%22%2C%22permissions%22%3A%5B%22execute%22%2C%22traverse%22%5D%7D

On June 1, Mayor Keller announced the appointments of 3 new executive staff.  Those individuals are:

Bob White, Associate Chief Administrative Officer (ACAO) paid $170,000 a year

Katarina Sandoval, Chief Operations Officer (COO) paid  $150,000 a year.

Annie Manriquez, Deputy Chief of Staff paid  $131,000 per year.

On August 31, 2022 Mayor Keller announced the appointment of retired Republican Bernalillo County Metropolitan Court Judge Victor Valdez to serve as the city’s new Superintendent of Police Reform. Judge Valdez was appointed as an independent contractor  who will be working part time, 10  hours a week,  paid at the rate of $185 an hour not to exceed a total of $100,000 over a full year

DEFENDINT  INCREASE IN UNCLASSFIED POSITIONS 

Chief Administrative Officer Lawrence Rael defended the increase in the number of unclassified positions as necessary.  Rael noted that many of the new positions are tied to the U.S. Department of Justice mandated reform as well as the creation of the newly created Albuquerque Community Safety Department. Rael attributed the mushrooming communications workforce in part to the broader media landscape “including digital and social platforms that government didn’t use 10 years ago” as well as the administration’s overall strategy.

Rael said the number of new unclassified jobs reflects the size of municipal government operations and he said in a statement:

“The changing needs of a growing city require more out of city government. … [The size of the city operation] requires high-level talent to manage its many departments and work effectively. … Albuquerque has grown, and government leadership needs to grow with it.  …  We prioritize being responsive and transparent to both the media and the public. …  That can’t happen without people in place to carry out those functions.”

DRAMATIC GROWTH OF UNCLASSIFIED WORKFORCE UNDER KELLER

The September 10 Albuquerque Journal reported that out of the 6,911 funded full-time employees, 589 of those full-time positions are “unclassified” employees, who are not covered by the personnel rules and regulations and who can be terminated without cause. They  serve at the pleasure of the mayor or at discretion of the city’s chief administrative officer.  In otherwords, there are 6,322 full time city employees who are classified and 589 who are unclassified. (6,322 classified + 589 unclassified = 6,911 total full time positions.)

According to the Journal, 266 unclassified positions, or 45%, of the added full-time unclassified jobs are positions added since Mayor Tim Keller took office December 1, 2017.   According to information provided by the city Human Resources Department, many of the unclassified potions are classified as “performance and innovation managers, chief impact officer and civic engagement coordinators”.  Many other of the unclassified positions are the traditional positions like APD Chief, Fire Chief, City Attorney, City Clerk and the other Department Directors.

According to the Journal analysis, Keller has had a 45% increase in unclassified positions since taking office on December 1, 2017, with the 18% of unclassified workers in jobs created during the 8 years under Keller’s predecessor Richard Berry. Many of the new unclassified employees are in high-ranking administrative positions.

Pay varies across the new unclassified jobs created, with the lowest compensated at the Parks and Recreation as techs, who make about $31,000 annually.  However, the Journal September 10 article zeroed in on positions that have been created and filled by Keller paying in excess of $100,000 a year.  A total of 55 of the 266 new unclassified positions created by Keller earn at least $100,000 per year. The city created 2 new Associate Chief Administrative Officers, 3 new Associate Directors and 16 new Deputy Directors, though 2 deputies are for the newly created Albuquerque Community Safety Department, with all being paid upwards of $100,000.

Two city councilors questioned the need for some of the unclassified employee growth under Keller with on asserting that it was political to promote Keller’s ambitions.

Democrat Councilor Pat Davis said the police department positions are hard to argue against because APD remains subject to the Federal Court Approved Settlement agreement and the mandated reform.   However, Davis did say he has concerns since Keller’s early days in office about the number of “unclassified marketing and communications personnel” in the mayoral administration’s reporting chain, even if their jobs are funded by individual department budgets.

Davis had this to say:

“I think there’s just a general sense that these [unclassified] positions more serve the agenda of the mayor than the day-to-day work of the city and you generally see them in places like marketing and not out in the street engaging directly with [the general public].”

Davis said the city clearly needs more workers in that the city vacancy rate as of this summer was about 20%.  There is a shortage of city employees in areas of bus drivers and 911 call operators.

Republican Councilor Dan Lewis, who ran and lost to Keller in 2017 an is said to be running for Mayor again in 2025,  called the unclassified employee expansion under Keller “outrageous” and at a scale he did not see under the Republican Mayor Berry administration,  Lewis was a city councilor  for the full 8 years Berry was in office.  At no time did Lewis ever challenge the appointments of Berry.  Lewis specifically challenged the necessity of added upper-management and communications personnel and said:

“We don’t need more managers. … We need people to get things done to produce results.”

https://www.abqjournal.com/2531378/city-governments-unclassified-workforce-grows-under-keller.html

COMMENTARY AND ANALYSIS

The audit revealed that in the last 7 years, the number of unclassified positions at the city nearly doubled, with 5 years under Mayor Tim Keller. Unclassified city positions exploded from 314 in July 2018 to 620 by June 2022.   It’s painfully obvious that the Mayor Tim Keller created unclassified positions in order to pay employees higher salaries, even though their qualifications were similar to existing classified positions.   At the same time the overall full-time employee count at the city increased by 14%.   The audit also revealed that many unclassified positions received large salaries that were not justified by the actual job duties and experience.

More than 50%  of the unclassified positions the audit examined had no job description. One of the most damning findings of the audit is how the city’s Human Resources Deparment cannot perform one of its basic functions which is job performance.  The audit found “the city is unable to evaluate the performance of many employees in unclassified positions or set performance goals — which employees should strive to achieve — because a job description detailing the position’s essential duties and requirements was never created.”

A sample of 74 employees in unclassified positions found the annual salaries for those employees added up to $4.3 million in funding.   The audit  found  that only 16 of those employees had applications or a resume on file with the city Human Resources Department, and only 10 had evidence to prove they met the qualifications for the job.

The audit reveals that over the last 8 years  “a number of senior management and deputy director employees received large salary increases, though their job duties for these positions did not change and the increases were not based on their job performance.” For 37 employees identified, their salaries increased by a total of more than $1 million over eight years and weren’t subject to the city’s 5% pay increase cap” imposed on all other city employees.

The city department with the largest number of unclassified employees is the Albuquerque Police Department.  In the fiscal year 2022 and in order to comply with the U.S. Department of Justice requirements, the police department added numerous unclassified employees.  Ostensibly, the Human Resources Department was circumvented or ignored when the positions were ordered created and no job description and no minimum qualifications were developed.

The lion’s share of the city’s unclassified jobs are in the Albuquerque Police Department.  In fiscal 2022 , APD  had 209 unclassified workers  compared to 84 in 2015.  The Keller Administration proclaims  the dramatic increase of at-will employees at APD is a necessary consequence of the city’s Court Approved Settlement Agreement (CASA) with the U.S. Department of Justice (DOJ).  The blunt truth is that these are the very  jobs  that need to be clearly defined to ensure compliance with DOJ and not having job  descriptions is negligent.

The audit makes it clear that the pervasive problem is the ease of hiring unclassified employees.  Under the personnel rules and regulations, unclassified new hires are far easier to approve than classified hires because of the lack of mandated credentials.  The city’s highest management positions of Department Directors and the Mayor’s executive staff positions are the best examples of pure cronyism in conflict with hiring people who are the most qualified.

The Keller Administration’s Human Resources Department, no doubt with the blessing of Keller said that such a mandate was  “putting up more barriers to hiring and employment doesn’t give us the flexibility we need.”  In other words,  the Mayor Keller Administration wants to hire whoever they want at whatever salary they want and be damned qualifications.

It is an essential and basic function of any human resources department, whether in the private sector or in government, to hire the best qualified for any job and provide job descriptions and develop minimum qualifications for hiring competent staff who know what’s expected of them.  Job descriptions set out minimum performance measures and standards to ensure applicants are educated and experienced to do the work.

However, the audit reflects out control abuses of standard city personnel rules and regulations creating a system of cronyism.  The out-of-control abuses allows the Mayor Keller Administration to hire whoever they want at whatever salary they want and be damned qualifications.

On October 5, 2022, an all-day status conference hearing was held by Federal Judge James Browning who is overseeing the implementation and monitoring of the Court Approved Settlement Agreement (CASA) mandating the agreed to reforms of APD.  The hearing was held to review  the 4^th  External Force Investigation Team report.  The external Force Investigation Team (EFIT) is an outside team of experts that investigates APD officer involved “Use of Force” cases. The External Force Investigation Team was created when the Federal Monitor found that APD intentionally did not investigate 667 of use of force cases.

During the October 5, 2022, former Metropolitan Court Judge Victor Valdez was introduced by City Attorney Lauren Keefe  to  Judge Browning  as the new “Superintendent of Police Reform”.  Before  Valdez  addressed  Judge Browning,  Browning asked  Valdez if he was at all involved with the External Force Investigation Team report that was being presented as if expressing his curiosity as to why Valdez was even attending the hearing.  Valdez said he had nothing to do with the report and that he had not yet met with the External Force Investigation Team.

Valdez took the opportunity to highlight his resume, including his work for the City of Albuquerque as a Deputy City Attorney defending the city in civil rights cases involving police, dealing with the police union, and his work in private practice. He also highlighted  his work as a Metropolitan Judge where he retired under the PERA Judicial retirement system.

It was disclosed by Judge Valdez for the first time to the public that he is not a  full time city  employee of Albuquerque but is  an Independent Contractor.  Valdez made it clear that he insisted that he be an independent contractor and that he viewed his role as not advocating the city’s position on APD personnel matters, but that he perform his duties and responsibilities  in a “fair and impartial manner”, very much like a judge, in reviewing disciplinary actions against sworn police.

Valdez disclosed to Judge Browning that he had only 4 major responsibilities under his independent contract as  the City’s “Superintendent of Police Reform”.  According to Valdez, his 4 responsibilities under his contract are as follows:

1. Review all APD sworn personnel disciplinary actions and review Internal Affairs files for quality of the investigations.
2. Prepare reports and make recommendations to the Administration and APD to ensure the implementation and sustainability of the police reforms.
3. Review APD’s training and identify deficiencies in APD training.
4. Meet with the parties to the consent decree, including the stakeholders, to discuss the reforms.

IPRA REQUEST MADE

Given the representations made by former Metro Judge Victor Valdez during the October 5 hearing  an Inspection of Public Records (IPRA) request was made by  www.PeteDinelli.com.  On October 25, in response to the IPRA request, the City of Albuquerque provided the following 3 documents requested for review:

1. The independent contract signed and executed between the City of Albuquerque and Victor Valdez.
2. Correspondence from the Public Employees Retirement Association (PERA) to City confirming review of the professional services agreement between the City of Albuquerque and Victor E. Valdez dated   August 31, 2022
3. City of Albuquerque job description for “Superintendent of Police Reform” and Deputy Chief Administrative Officer”

THE VALDEZ INDEPENDENT CONTRACT       

The independent contract signed and executed between the City of Albuquerque and Victor Valdez is dated September 6, 2021 and is  6 pages long.  Following are the edited and  highlighted  pertinent portions of the Valdez contact:

“1. Scope of Services. The Contractor shall perform the following services …  in a satisfactory and proper manner, as determined by the City:

Contractor shall review disciplinary actions taken by the Albuquerque Police Department (APD), evaluate the consistency and fairness of the disciplinary process, and advise the City of any disagreements with the actions taken. In doing such reviews, contractor shall review the quality of the investigations conducted in the office of the Superintendent.

In addition, Contractor shall review, assess and report on the operation of the Office of Superintendent and prepare a recommendation on an organizational structure of APD in connection with those functions currently assigned to the Office of Superintendent.

Contractor shall report to the administration any trends or training deficiencies observed within APD. Contractor will meet as necessary with the Department of Justice (DOJ), the Monitor, Civilian Police Oversight Agency (CPOA), Amici and other stakeholders, with regard to the Court Approved Settlement Agreement (CASA).

The contractor shall be available to publicly present the Office of Superintendent reform efforts to public bodies and the media. Other duties as agreed to by the parties.

 2.  Time of Performance. Services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this Agreement; provided, however, that in any event, all of the Services required hereunder shall be completed by August 30, 2023.

3. Compensation and Method of Payment.

Compensation.  For performing the Services … the City agrees to pay the Contractor [Valdez] up to the amount of One-Hundred Thousand and No/100 dollars ($100,000.00), which amount includes any applicable gross receipts taxes and which amount shall constitute full and complete compensation for the Contractor’s Services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing the Services.

Method of Payment.  Such amount shall be payable at the rate of one hundred eighty-five and No/100 Dollars ($185.00) per hour, which rate includes any applicable gross receipt taxes. Payments shall be made to the Contractor [Valdez] monthly for completed Services upon receipt by the City of properly documented requisitions for payment as determined by the budgetary and fiscal guidelines of the City and on the condition that the Contractor has accomplished the Services to the satisfaction of the City.

Appropriations. Notwithstanding any provision in this Agreement to the contrary, the terms of this Agreement are contingent upon the City Council of the City of Albuquerque making the appropriations necessary for the performance of this Agreement. …

 4. Independent Contractor. Neither the Contractor [Victor Valdez] nor [his] … employees are considered to be employees of the City of Albuquerque for any purpose whatsoever. The Contractor is considered as an independent contractor at all times in the performance of the Services … . The Contractor further agrees that neither [he] nor [his]  employees are entitled to any benefits from the City under the provisions of the Workers’ Compensation Act of the State of New Mexico, or to any of the benefits granted to employees of the City under the provisions of the Merit System Ordinance as now enacted or hereafter amended.

 5. Personnel.

 The Contractor represents that [he] has, or will secure at [his] own expense, all personnel required in performing all of the Services required under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the City.

All the Services required hereunder will be performed by the Contractor or under [his] supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such Services.

 6.  Indemnity. The Contractor [Victor Valdez] agrees to defend, indemnify and hold harmless the City and its officials, agents and employees from and against any and all claims, actions, suits or proceedings of any kind brought against said parties because of any injury or damage received or sustained by any person, persons or property arising out of or resulting from the Services performed by the Contractor [Victor Valdez]  under this Agreement or by reason of any asserted act or omission, neglect or misconduct of the Contractor or Contractor’s agents or employees or any subcontractor or its agents or employees. The indemnity required hereunder shall not be limited by reason of the specification of any particular insurance coverage in this Agreement.

… .

EDITOR’S NOTE: Paragraphs numbered 7 to 19 have been deleted for purposes of this blog article. 

 20. Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination.

21. Termination for Convenience. Either party may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing. If this Agreement is terminated as provided herein, the Contractor will be paid for work performed up through the date of termination.

… .

EDITOR’S NOTE: Paragraphs numbered 22 to 27 have been deleted for purposes of this blog article.

The link to review the entire unedited contract is here:

https://nextrequest.cabq.gov/documents/15819325?token=ae07bef5b1bbd75e5f4ebf3457c8868a

PART TIME, 10 HOUR WORK, WEEK CALCULATED UNDER CONTRACT

The number hours to be work each week by former  Judge Victor Valdez is calculated by reviewing the terms and conditions of contract.  The contract provides that the city will pay Valdez $100,000 at the hourly rate of $185 an hour. Therefor the total number of hours that will be allowed to be worked and paid under the contract are 540.54 hours calculated as follows: $100,000 total contract amount ÷ $185 hourly rate = 540.54 hours.

Services under the contract commenced on September 6, 2022 when the agreement was executed.  All services required under the contract must be completed by August 30, 2023. Therefor the  contract covers a period of 51 weeks total from September 6 to August 30, 2022.

The contract provides that “payments under the contract shall be made to the Contractor [Valdez] monthly [or every 4 weeks].”  The 540.54 total hours of  work  per week  under the contract for 51 weeks translates into 10.60  hours per week calculated  as follows 540.54 hours ÷  51 weeks  = 10.598 hours.

PERA REVIEW OF PROFESIONAL SERVICES AGREEMENT

Effective July 1, 2010, the New Mexico legislature change the Public Employee Retirement Act (PERA) provisions that requires the pension of a retiree who returns to work for a PERA affiliate must be suspended. The practice of allowing the payment of a pension and a salary at the same time is referred to as “double dipping”.

Under the change in law, a retired member of a PERA affiliate cannot collect both a salary and  their retirement benefit if they return to work full time for a PERA affiliate government entity.  However, a retired PERA member can return to work for a PERA affiliate as an Independent Contractor provided that the contract is reviewed and approved by the PERA general counsel.

https://www.nmpera.org/for-retirees/working-after-retirement/

On May 31, 2022, after serving nearly 2  decades on the Metropolitan Court bench, Meto Judge Victor E. Valdez retired and began being paid a pension by the Public Employees Retirement Association (PERA) .  On September 6, 2022, a little more than 3 months later, Valdez  signed his contract with the City of Albuquerque, another PERA affiliate, as an Independent Contractor.

On August 31, 2022, the Public Employees Retirement Association General counsel wrote the city of Albuquerque a letter that the Valdez contract had been reviewed and that it did not  violate the suspension of pension benefits provisions for post-retirement with an affiliated public employer.

The link to review the August 31, 2022 letter to the city from the Public Employees Retirement Association General counsel is here:

https://nextrequest.cabq.gov/documents/15928478?token=129fb113ef93831fb5be0a93850b7dd6

Metropolitan Court Judges are paid $131,516 a year which is 95% of what District Court Judges make a year.  The $131,516 yearly pay rate translates into $63.28 an hourly pay rate calculated as follows: $131,516 annual salary  ÷  by 2,080 work hours in a year = $63.28 hourly pay rate. Metropolitan Court Judges can retire at any age with 15 full years of service and are paid 75% of the average of their high 3 pay years which translates into a $98,637 annual PERA pension.

https://www2.nmcourts.gov/newface/hr/forms/FY_2015_NMJB_Classification_and_Compensation_Plan.pdf

JOB DESCRITION FOR SUPERINTENDENT OF POLICE REFORM AND DEPUTY CHIEF ADMINISTRATIVE 

The position of “Superintendent of Police Reform” and Deputy Chief Administrative Officer” was created by Mayor Tim Keller to oversee the implementation of the Department of Justice (DOJ) reforms of the Albuquerque Police Department (APD).  Mayor Keller said at the time of the creation of the position that it was created to relieve APD Chief Harold Medina of “burdensome administrative” duties, such as personnel matters and police training, and to allow APD Chief Medina to concentrate on basic law enforcement priorities and initiatives to bring down the city’s skyrocketing crime.

According to the published city job description for the position of Superintendent of Police Reform, it is also a Deputy Chief Administrative Officer position paying $155,001.60 to $185,016.00 annually. It is an unclassified at-will position appointed by the Mayor subject to confirmation by the Albuquerque City Council.  The posted job description states that the opening date for applications was November 29, 2021 and the closing date to submit applications was April 8, 2021.

The link to the published and advertised job description for “Superintendent of Police Reform” and Deputy Chief Administrative Officer” is  here:

https://www.governmentjobs.com/careers/cabq/jobs/3325568/superintendent-of-police-reform-and-deputy-chief-administrative-officer-un

The link to review the job description for “Superintendent of Police Reform” and Deputy Chief Administrative Officer” provided by the city pursuant to the Inspection of Public records request is here:

https://nextrequest.cabq.gov/documents/15928751?token=f6d321e91a1dd416045bc2bf50c15222

Portions of the  job description summary merit review and provide as follows:

“… Overseeing discipline and training, the Office of the Superintendent of Police Reform … is an executive-level position, developed to ensure that constitutional policing reforms are transparent and effective. … Because the Police Academy is integral to both training and creating a culture that embraces reform, the Superintendent will directly oversee all Academy operations. This includes cadet training, continuing education, development of innovative curriculum …  . The Superintendent will ensure compliance with court-approved settlement agreement (CASA) requirements related to training.

… the Superintendent will also directly oversee all internal affairs matters related to the Police Department. Exercising the delegated authority of the CAO, the Superintendent will have the final say on police disciplinary matters.  The Superintendent will ensure consistency and fairness in the application of disciplinary policies and compliance with CASA requirements related to discipline.

The ideal candidate has experience working within a law enforcement agency that has been through the reform process, and possesses exceptional leadership, analytical and communication skills. In addition, the ideal candidate possesses significant experience as a police officer working in both field and investigative units, project management experience, and experience with inter-agency partnerships.”

EDITOR’S NOTE: The postscript to this blog article outlines minimum education and experience requirements, and preferred knowledge, skills and abilities contained in the job description for Superintendent of Police Reform.  

KELLER MAKES THREE APPOINTMENTS

On March 8, Mayor Tim Keller announced the appointment of Harold Medina as the new APD Chief of Police and the appointment of  Sylvester Stanley as the new “Interim” Superintendent of Police Reform and  Deputy Chief Administrative Officer (DCAO). Stanley was to be the Interim Superintendent while the city conducted a national search to find a full time Superintendent of Police Reform.   Stanley retired at the end of December of 2021, a mere 8 months after his appointment.  According to the listing of the 250 top paid city hall employees, Stanley was paid $123,219.28 for his 8 months of city employment.

Almost a full 4 months went by, and on Monday, April 25, Mayor Tim Keller announced in a press release that he had nominated La Tesha Watson, Ph.D., as the new Superintendent of Police Reform to be confirmed by the Albuquerque City Council.  Dr. Watson’s nomination was very short lived and she never was actually hired by Mayor Keller.  On May 3, one week after the Dr. La Tesha Watson appointment was announced, the City issued a press release announcing it was not moving forward with her nomination of for the position of Superintendent of Police Reform suggesting that after in person interviews she was found to be incapable for the job  and  she brought “alternative ideas and views about the path forward on reform”.  The city announced the hiring process would continue. In the May 3 press release the Keller Administration said this:

“The Superintendent of Reform was created last year by the City to bring individual accountability and leadership to reform, create differential use of force and discipline processes from APD chain of command, and add overall governance to the reform process. The position is also designed to enable the Chief of Police to better focus on crime fighting.”

 VICTOR VALDEZ

Former Metropolitan Court Judge Victor Valdez was born and raised in Santa Fe, New Mexico.  He received his undergraduate degree from Stanford University and his law degree from the University of New Mexico in 1989.   Judge Valdez was appointed to the Criminal Division of the Metropolitan Court in March of 2004 by former Governor Bill Richardson.   Prior to his judicial appointment, Judge Valdez was also a Deputy City Attorney under then City Attorney Bob White and prior to that he practiced law  alongside his father and he specializing in civil rights. On May 31, 2022, after serving nearly 2  decades on the Metropolitan Court bench, Judge Victor E. Valdez retired.

https://metro.nmcourts.gov/2022/05/31/judge-victor-e-valdez-retires-after-18-years-on-the-metropolitan-court-bench/#:~:text=Judge%20Victor%20E.-,Valdez%20retires%20after%2018%20years%20on%20the%20Metropolitan%20Court%20Bench,Valdez%20retired%20May%2031%2C%202022.

On August 31, 2022, after passage of another 4 months without Superintendent of Police Reform, Mayor Keller announced the appointment of retired Republican Bernalillo County Metropolitan Court Judge Victor Valdez to serve as the city’s new Superintendent of Police Reform and prior to that he practiced law for 15 years, specializing in civil rights.

COMMENTARY AND ANALYSIS

On March 9, 2021, Mayor Tim Keller announced the creations of the new position of “Superintendent of Police Reform” and Deputy Chief Administrative Officer to oversee the implementation of the Department of Justice (DOJ) reforms of APD.

One paragraph of the job description for the position of Superintendent of Police Reform is worth repeating:

“Recognizing what the Department of Justice has described as the inherent need for internal affairs to exercise independence and have some separation from institutional politics and pressures, the Superintendent will also directly oversee all internal affairs matters related to the Police Department. Exercising the delegated authority of the CAO, the Superintendent will have the final say on police disciplinary matters. The Superintendent will ensure consistency and fairness in the application of disciplinary policies and compliance with CASA requirements related to discipline. The Superintendent will also develop policies and practices to ensure that the Police Department has a wide range of tools to foster culture change, in addition to discipline.”

On March 9, 2021, Mayor Keller also announced the appointment Sylvester Stanley as the interim “Superintendent of Police Reform” and Deputy Chief Administrative Officer. Mayor Keller said of the Stanley appointment at the time:

“It was simply unrealistic and a real disservice to the realities of crime and reform to think that one leader can solve all of our challenges. … It just simply takes two in this case.”

https://www.krqe.com/news/politics-government/mayor-keller-to-announce-new-leadership-for-apd/

On December 1, 2021, after a mere 8 months on the job, Interim Superintendent of Police Reform Sylvester Stanley announced his retirement at year’s end. Once Stanly announced his retirement, Mayor Tim Keller announced he was launching a “national search” for the position. Keller in his announcement had this to say:

“[We are looking for] an experienced professional to lead this cutting edge position [and] who is dedicated to police reform. … We developed this innovative position to bring about a new era for our police department. … Our Superintendent of Police Reform works hand and hand with our Chief so that each leader can focus on their core duties while supporting one another for the most benefit for the department and the community.”

https://www.abqjournal.com/2450956/interim-superintendent-of-police-reform-to-retire.html

WHAT NOT INCLUDED IN SCOPE OF SERVICES

Review of former Judge Victor Valdez’s Independent Contract for Professional Services reveals that the Scope of Services in the contract does not include the following duties and responsibilities outlined in the job description for Superintendent of Police Reform and Deputy Chief Administrative Officer:

Valdez will NOT be  exercising the delegated authority of the CAO and will NOT will not be imposing discipline and will not have the final say on police disciplinary matters. 

Valdez will not directly oversee all internal affairs matters related to the Police Department but will only have access to Internal Affairs disciplinary files.  

Valdez will have no authority over the APD Police Academy and  will not directly oversee all APD Academy operations,  will not oversee APD academy cadet training, continuing education, nor be involved with academy curriculum development.

Valdez will not be responsible for developing “policies and practices to ensure that the Police Department has a wide range of tools to foster culture change, in addition to discipline.”

LUCRATIVE PART TIME WORK

The position of “Superintendent of Police Reform” has always been advertised and was meant to be a full time position, working a 40 hour work week,  who  is an “at will” employee serving at the pleasure of the Mayor and paying between $155,000 to $185,000 a year. Instead, Keller has appointed a retired Metro Judge who will be working part time, 10  hours a week,  as an independent contractor. He is being  paid at the rate of $185 an hour not to exceed a total of $100,000 over a full year. He is being paid is 3/4ths and upwards of 2/3rds of the advertised salaried position to work part time.  Further, his hourly pay rate of $185 dollars per hour is close to 3 times his hourly pay of $63.28 as a Metro Judge. He will be paid $100,000 in a year as he collects his $98,637 a year judicial pension.

VALDEZ DOES NOT HAVE “PREFERRED KNOWLEDGE AND SKILLS” MANDATED IN JOB DESCRIPTION

The published job description for “Superintendent of Police Reform”  outlines minimum education and experience requirements, and preferred knowledge, and skills. The postscript to this blog article outlines minimum education and experience requirements, and preferred knowledge, skills and abilities stated in job description for “Superintendent of Police Reform.”

Former Metro Judge Valdez does not have the 10 years or more of “progressively responsible and supervisory experience working in or with law enforcement or other public safety agency”. Valdez has absolutely no experience as a police officer working in both field and investigative units, project management experience, and experience with inter-agency partnerships as outlined in the job description.

Valdez is a retired Metro Judge who was assigned to the criminal division, but has never worked in law enforcement nor for a public safety agency and a court of law does not met the definition.   Given the fact that Valdez retired after almost two decades as a Metro Judge presiding over court hearings  and making decisions makes it highly probable  that Judge Valdez does not have  the preferred knowledge outlined in the job description including knowledge of the  principles and practices of police reform and constitutional community policing, principles and best practices of law enforcement, principles and practices of crime reduction strategies.

Judge Valdez was a respected Metro Judge.  However, Valdez has absolutely no experience in the implementation of federal police reforms anywhere, he has never overseen police internal affairs in any police department, he has never been responsible for police disciplinary matters, functions and processes and he has never dealt with APD academy operations, cadet training and education, all of which are required under the job description for Superintendent of Police Reform.

Judge Victor Valdez credentials for the position of Superintendent of Police Reform are very dubious at best and he is not a good fit for the job.  He is essentially an unknown to those involved with the Court Approved Settlement Agreement process.  During the last 7 years of the Court Approved Settlement Agreement, Judge Valdez has never attended a single federal court hearing on the CASA. His actual knowledge of the CASA in all likelihood is negligible and he has 7 years of catching up to do when it comes to the 261 mandated reforms.

The rational for Judge Valdez’ appointment as Superintendent of Police Reform is an absolute mystery to many, other than being a political appointment because of his prior work as a Deputy  City Attorney working under then City Attorney Bob White who is now Associate Chief Administrative Officer.

The appointment is a far cry from what Mayor Keller declared as a “cutting edge” position. It is nothing more than a blatant “sweet heart deal” to prevent suspension of a PERA judicial retirement.  Given the fact the independent contract “scope of duities” falls pathetically short of what is called for in the job description, the actual need for the position is in serious doubt.  What is certain is that APD Chief Harold Medina  has not relinquished any authority over the department as envisioned by Keller to the Superintendent of Police Reform and Medina remains in full control despite what Keller said when he announced creation of the position which was:

“It was simply unrealistic and a real disservice to the realities of crime and reform to think that one leader can solve all of our challenges. … It just simply takes two in this case.”

______________________

POSTSCRIPT

The published job description for “Superintendent of Police Reform”  outlines minimum education and experience requirements, and preferred knowledge, skills and abilities as follows:

 “Minimum Education, Experience And Additional Requirements

• Bachelor’s Degree or higher from an accredited college or university in a law enforcement related field preferred.
• Ten (10) years or more of progressively responsible and supervisory experience working in or with law enforcement or other public safety agency(ies) or equivalent preferred.
• Experience supervising in an organized (union) environment preferred.
• Ability to successfully pass a background investigation.
• Ability to obtain a valid New Mexico Driver’s License.
• Ability to obtain a New Mexico Law Enforcement Certification: Must currently hold a law enforcement certification and be eligible to qualify for the New Mexico Law Enforcement Certification by Waiver course (Non-NM applicants).

Preferred Knowledge

• Principles and practices of police reform and constitutional community policing
• Principles and practices of employee disciplinary policies and best practices
• Principles and practices of project management
• Administrative organization principles
• Principles and practices of management and staff supervision.
• Principles and practices of crime reduction strategies
• Contract negotiation and administration
• Conflict resolution techniques
• Principles of budget development and monitoring including development of control measures to remain within budget
• Computer systems and applications
• Principles and techniques for persuasive presentation of ideas and concepts in both oral and written formats
• Municipal government and organization
• Applicable Federal, State and local laws and regulations
• Understanding of collective bargaining agreements

Preferred Skills & Abilities

• Plan and coordinate project work, timelines, roles and responsibilities; establish, evaluate and implement administrative/operational policies, practices and procedures; assess, develop and administer appropriate organizational and staffing structures
• Assess, procure and implement multi-user data collection and analysis systems.
• Supervise and direct multiple and diverse functions
• Prepare, develop and administer a large and complex budget system; negotiate and administer a variety of contracts; employ cost containment strategies
• Develop and maintain positive relationships with community leaders, organizations, businesses and staff; coordinate a variety of projects and activities inter-departmentally and with outside agencies; plan, organize, direct and coordinate a variety of functional specialties and activities with overlapping work areas
• Provide leadership and direction to staff; supervise and direct subordinate professional and support staff; interpret and enforce administrative/operational polices, practices and procedures; analyze and solve problems of a complex nature; maintain departmental and state safety standards
• Analyze complex technical, administrative information and/or telecommunications systems problems, evaluate alternative solutions and recommend or adopt effective courses of action
• Communicate effectively and persuasively; speak in large and small group settings; prepare and analyze comprehensive reports; conduct staff meetings
• Exercise sound independent judgment within general policy guidelines
• Establish and maintain effective work relationships with those contacted in the performance of required duties
• Work effectively with diverse community groups
• Encourage and leverage different perspectives, wisdom and experience of group members
• Develop inclusive solutions
• Cultivate shared responsibility and collective accountability
• Perform the essential functions of the job with or without reasonable accommodation”