On Monday, October 3, Democrat Albuquerque City Councilors Louie Sanchez and Republican Trudy Jones introduced legislation to mandate permits and establish rules and regulations for the land use “Safe Out Door Spaces”.  It appears the ordinance will have the necessary votes to pass. Enactment is likely and exercise in futility having the  unintended consequence of the homeless avoiding the use of Safe Outdoor Spaces.

The new ordinance in part calls for registering tenants, completing a background check on the operator’s lists of who will be available to respond to complaints 24-7 and their experience working with the homeless.   There would also be rules and regulation governing tenant behavior.  Those rules include no drugs nor alcohol, an no violence.  It  will also mandate  a security plan and provide the threshold for removing a camper and provide  whether they can have guests and pets.  According to the ordinance, an initial permit of one hundred dollars will be required, and a fifty-dollar fee for renewals.

Councilor Loui Sanchez had this to say about the proposed ordinance:

“What we needed to do is we needed to make sure that we have an ordinance in place, a permitting ordinance to make sure that the citizens outside the encampments are safe, the people that are working the encampment, and also the people that are in the encampment are safe.”

 SPECIFIC RULES AND REGULATIONS PROPOSED FOR SAFE OUTDOOR SPACES

The ordinance is entitled “Safe Outdoor Space Operator’s Permit Ordinance”.   The ordinance will establish minimum operational standards and a system of operational permitting for Safe Outdoor Spaces in order to promote sanitation and the health, safety, and general welfare of Safe Outdoor Space occupants and the broader community. Designated spaces are provided to occupants at no charge.

Under the proposed  ordinance,  a Safe Outdoor Space is defined  as “a lot, or a portion of a lot, developed to  provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles.”  The Integrated Development Ordinance also defines Safe Outdoor Spaces (SOS) as city sanctioned homeless encampments with 40 designated spaces for tents that will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6-foot fencing and social services offered to the homeless.

A SAFE OUTDOOR SPACE OPERATOR  is defined as the owner or party otherwise responsible for a Safe Outdoor Space operation.

PERMIT APPLICATIONS

The new ordinance mandates that permit will be  Required  and that “No person shall operate any safe outdoor space without first obtaining, and maintaining, a safe outdoor space operator’s  permit …  .“   a prospective operator will be required to submit the following for each SOS  operator’s permit application:

1. A statement describing the operator’s experience working with people experiencing homelessness and managing organizations that work   with people experiencing homelessness;

 

2. The physical address of the safe outdoor space;

 

3. The name, phone number, email, and address of the operator or its 13 agent(s) who will be available twenty-four hours per day, seven days a week to respond to complaints regarding the operation or occupancy of the safe outdoor space;

 

4. Written consent to complete a background check on the primary Operator.

 

5. Persons with criminal backgrounds will be denied a safe outdoor space operators permit only to the extent authorized by the New Mexico Criminal Offender Employment Act., NMSA 1978 § 28-2-1 et. seq.

 

6. An operations plan for the Safe Outdoor Space.

The operations plan for a Safe Outdoor Space is to include the following:

1. The type and frequency of on-site resources and services to support the occupants of the safe outdoor space.
2. The process for checking in and registering tenants.
3. Site security and tenant safety.
4. Fire safety and fire evacuation.
5. Whether the site will be accessible to the general public, other than its tenants, and under what circumstances and during what hours.
6. A code of conduct for the occupants and tenants that, at a minimum address violent behavior, weapons, drugs and alcohol, and whether progressive warnings will be utilized before removal.
7. A pet policy that, to the extent pets are allowed, includes provisions to help ensure humane and sanitary conditions for pets.
8. A community commitment outlining how the operational policies will mitigate potential off- site impacts.
9. A policy to assist any person staying at a Safe Outdoor Space to obtain a government-issued identification card.
10. A wastewater and sanitation plan; and
11. A decommissioning plan describing the process and timeline 6 for termination of the use and closure of the site.

PETMIT DURATION AND FEES

Safe outdoor space operator’s permit will be valid for 12 consecutive months unless sooner terminated by the operator, or canceled by the City.  The application materials required pursuant must be resubmitted at the time of each requested renewal.  Under the ordinance, the City will collect a safe outdoor space operator’s permit fee of $100.00 for each initial permit, and $50.00 for the renewals thereafter.  The revenue generated will be used only to administer, manage, and enforce the ordinance.  Safe outdoor space operator’s permit will not be transferable and remain valid only so long as the person or entities listed on the operator’s permit continue to manage and oversee the safe outdoor space.

SAFE OUTDOOR SPACE OPERATING REQUIREMENTS

The following operating requirements are outlined in the proposed ordinance:

1. Each operator will be required to maintain an up-to-date registry of the current and past tenants of the safe outdoor space, together with an approved visitor registry identifying each non-tenant who accesses the site.

 

2. Each operator shall inspect the right-of-way and public spaces adjacent to or surrounding the safe outdoor space daily for the unlawful use or occupancy by non-tenants of the safe outdoor space and shall immediately report any such instances to the City using the 311 Citizens Contact Center.

 

3. Each operator will be required to coordinate with an appropriate non-profit organization to provide street outreach in areas adjacent to the SOS.

 

4. During the first 12-months of operation, each operator will be required to offer to  meet with the property owners within 660 feet of the safe outdoor space at 30 least once per month to review operations and progress of the site, and to  address questions, concerns, and ideas from the public.

 

5. Following the first 4 months of operation, each operator shall offer these meetings on at least a 1 quarterly basis.

 

6. Each operator must establish quiet hours for residents between the 3 hours of 10:00 pm and 7:00 am.

 

7. Safe Outdoor Space Operators shall not permit persons with a felony 5 assault/battery conviction to stay in a Safe Outdoor Space

The link to the quoted news sources and to review the unedited proposed ordinance is here:

https://www.krqe.com/news/politics-government/new-ordinance-would-create-rules-for-safe-outdoor-spaces/

ENFORCEMENT AND PENALTIES

The City shall give warning to any operator who is determined to be non- compliant with any section of this ordinance, or with the policies submitted with its safe outdoor space operator’s permit application. If the operator does not come into compliance after two warnings. the City shall revoke the operator’s permit. Upon revocation, the operator shall immediately commence with its decommissioning plan, and complete its decommissioning within 60 days of the revocation. Under the proposed ordinance, each Safe Outdoor Space Operator of any safe outdoor space already in existence upon the effective date of this ordinance must come into compliance within thirty days of the Effective Date.

“POINT IN TIME” SURVEY

Each year the “Point in Time” survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

The PIT count requires the use of the HUD definition of “homelessness”.

The PIT count uses the HUD definitions of “Sheltered”, “Unsheltered” and “Transitional Housing”.  The Unsheltered are defined as those who encamp in neighborhood open space areas, alleys, parks, high-traffic areas and points of congregation, meal service sites, and general service sites. It is the “unsheltered” that Safe Outdoor Spaces are targeting and designed to help the most.    

This year, the PIT count and survey was taken on January 31, 2022. The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire PIT report at this link:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

The breakdown of Albuquerque’s homelessness on January 31, 2022  is reported as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

COMMENTARY AND ANALYSIS

The efforts of Democrat City Councilor Louie Sanchez and Republican City Councilor Trudy Jones proposing rules and regulations for Safe Outdoor Spaces no doubt is an effort to mitigate the damage such land use will do.  It’s also an obvious attempt to placate a general public who have strong hostility and mistrust of Mayor , the City Council and city departments who are viewed as mishandling the city’s homeless crisis and who are forcing Safe Outdoor Spaces down the throats of the general public without any input nor public support.

The “code of conduct for the occupants and tenants” is understood and are commendable but is unrealistic.  A code of conduct will likely be viewed by the homeless as too restrictive, especially by the mentally ill or drug addicted.  The restrictions to try and attempt to curtail violent behavior, weapons, drugs and alcohol at Safe Outdoor Spaces border on the laughable and reflects a misunderstanding of the population they intend to serve.

Simply put, many homeless do not want to be part of or be reintroduced into society.  They want to  be left alone, free from any interference from society, family and government and to live without rules and regulations. The homeless who suffer from mental illness cannot be forced or required to do anything for their own benefit without due process of law. Likewise, restrictions on visitations and access to the camp sights by the public may be viewed as a violation of civil rights.

The attempt to require a “pet policy” for the homeless tenants that includes provisions to “help ensure humane and sanitary conditions for pets” is embarrassing to the point of being downright laughable. It raises the question if the homeless will be required to follow the city’s animal welfare Humane and Ethical Animal Rules and Treatment Ordinance (HEART) that requiring animal vaccinations of pets, availability of food, water and restrictions on confinement of the animals.   It would far easier for the city policy to say “No Animals Allowed” at Safe Outdoor Spaces, but that would be common sense, something the City Council is not known for to any degree.

Placing the homeless in city sanctioned tent encampments is inhumane. Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

Placing the homeless in city sanctions tent encampments such as Safe Outdoor Spaces is inhumane. Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

 

This bog article is an in-depth analysis of the city’s homeless crisis and the city’s financial commitment to deal with it.  It includes identifying those who benefit from city contracts and discusses why Mayor Keller’s “all the above approach” to deal with the homeless is failing.  

KELLER’S “ALL THE ABOVE APPROACH” 

Since being sworn into office as Mayor on December 1, 2017, Tim Keller has made dealing with the city’s homeless a major priority. To that end, Keller has proclaimed an “all the above approach” to deal with the homeless. It’s an approach that is failing despite the millions spent with the homeless becoming more aggressive, more visible and more problematic for the community.   Keller says he is willing to consider “any ideas” to reduce the number of homeless, but his words and actions say otherwise.

Mayor Keller has implemented the following policies:

1. Increased funding to the Family Community Services Department for assistance to the homeless with $35,145,851 million spent in fiscal year 2021 and $59,498,915 million being spent in fiscal 2022  with the city adopting a “housing first” policy.

 

2. Establishing two 24/7 homeless shelters including converting the old Westside Jail into a 24/7 homeless shelter that has at least 450 beds and purchasing the Gibson Medical Center for $15 million to convert it into a 24/7 homeless shelter which will serve upwards of 1,000 homeless per day and has beds for upwards of 330 once it’s up and running.

 

3. Advocating and supporting Safe Outdoor Spaces (SOS) which are city sanctioned homeless encampments with 40 designated spaces for tents that will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6-foot fencing and social services offered. Keller set aside $750,000 for the encampments in his 2022 fiscal year budget with another $250,000 for further work. Under the Integrated Development Ordinance (IDO), 18 SOS encampments are allowed, 2 in each council district.  Keller vetoed a one-year moratorium on SOS encampments which was upheld by the city council.   The Environmental Planning Commission (EPC) held a hearing on pending repeal legislation and recommended the repeal and removal of Safe Outdoor Spaces in the Integrated Development Ordinance which is pending before the city council.

 

4. Adopted a “no arrest” policy of the homeless for violations of the city’s camping, trespassing and vagrancy laws with an emphasis on citations and giving the homeless 72 hours to vacate illegal campsite locations.

 

5. Allowed Coronado Park for 5 years to become a “de facto” city sanctioned homeless encampment and a public nuisance. Keller was forced to close down the Park in August because of violent crimes and environmental ground contamination concerns without any plan for dealing with the 75 to 125 homeless that were displaced.

 

Throughout all of his efforts and press conferences, Keller has never fully disclosed the actual number or homeless the city has been dealing with over the past 5 years nor the cities financial commitment he has made.  Private homeless care providers, many who have contracts with the city to provide services to the homeless, consistently claim the city has upwards of 4,500 to 5,000 homeless at any given time.

The problem is that the 4,500 to 5,000 figure is likely inflated with differing definitions for the homeless and near homeless given by the charitable organizations and government agencies. For example, the Albuquerque Public School system defines a child who does not give an actual home address as “homeless” with the APS school system saying there are upwards of 5,000 homeless children in the schools.  Those children are not necessarily living on the streets but do live in poverty.  The 4,500 to 5,000 figures for the homeless is not supported by the yearly federal government sponsored survey known as the “Point in Time Survey” which is used to qualify for millions in federal funding a year by the city.

2022 “POINT IN TIME” SURVEY

Each year the “Point in Time” survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels and for governments to qualify for federal funding.

The PIT count requires the use of the HUD definition of “homelessness”.  PIT counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends.

The New Mexico Coalition to End Homelessness (NMCEH) was contracted by the city to do the 2022 survey and it released the 2022 PIT report in August.  This year, the PIT count and survey was taken on January 31, 2022. The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire PIT report at this link:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

The breakdown of Albuquerque’s homelessness on January 31, 2022  is reported as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

2009 – 2022 PIT NUMBER OF HOMELESS 

In even numbered years, only sheltered homeless are surveyed for the PIT survey. In odd numbered years, both sheltered and unsheltered homeless are surveyed. The 2022 PIT report provides the odd number years of shelter and unsheltered homeless in Albuquerque for 12 years from 2009 to 2019 and including 2022:

2009:   2,002

2011:   1,639

2013:   1,171

2015:   1,287

2017:   1,318

2019:   1,524

2021:   1,567

2022:   1,311

The 2022 PIT data breakdown for the unsheltered for the years 2009 to 2022 is as follows:

Chronic homeless:  67% (homeless 6 months to a year or more)

Veterans:  9%  

First-time homeless:  38%

Homeless due to domestic violence:  16%

Adults with a serious mental illness:  46%

Adults with substance use disorder:  44%

(2022 PIT Report, page 7)

The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

A major and surprising takeaway of the past 4 surveys is the actual number of the city’s homeless has hovered between 1,311 to 1,567 over the last 5 years. The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 5 years. According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 2021, yet the public perception is that the city is overrun by the homeless and they have become far more agressive.

https://www.petedinelli.com/2022/09/22/2022-pit-city-homeless-count-256-fewer-homeless-1311-total-homeless-940-emergency-sheltered-174-transitional-housing-citys-homeless-crisis-and-visibility-aggravated-by-mayor/

CITY’S FINANCIAL COMMITMENT TO HOMELESS

During the 2021 fiscal year that ended June 10, 2021, the Family and Community Services Department and the Keller Administration spent $35,145,942 to assist the homeless or near homeless. Following is a breakdown of the line item contracts:

Emergency Shelter Contracts:  $6,421,989,

Mental Health contracts: $4,378,104,

Substance Abuse Counseling contracts: $2, 529,676

Homeless Support Services contracts: $3,624,213,

 Sub-Total contracts:  $16,953,982.

Affordable housing contracts for near homeless: $18,191,960

TOTAL SERVICES AND AFFORDABLE HOUSING: $35,145,942 

The link to the adopted 2021-2022

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

Mayor Keller’s 2022-2023 approved budget that began on July 1, 2023, significantly increased the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915.  Following is a breakdown of line-item contracts awarded:

Emergency Shelter contracts $6,025,544

Mental Health contracts: $3,773,860

Substance Abuse counseling contracts: $2,818,356

Homeless Support Services Contracts: 4,282,794

Sub-Total contracts: $16,900,554

Affordable Housing Contracts for near homeless:  $42,598,361

TOTAL SERVICES AND AFFORDABLE HOUSING: $59,498,915

The link to the 2022-23 approved budget is here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

EDITOR’S NOTE:  The postscript to this blog article contains a detailed listing of the various contracts and what charitable organizations are benefiting from those city contracts.  The listing is provided to gain an understanding of the financial commitment the city has made to assist the homeless and near homeless.

TWO CITY SHELTERS FOR THE HOMELESS

The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one that will be fully operational by Winter that will assist upwards 1,000 homeless and accommodate 330 a night. Ultimately, both shelters are big enough to be remodeled and provide far more sheltered housing.

WESTSIDE EMERGENCY HOUSING CENTER

It was on October 22, 2019 that Mayor Tim Keller announce that the Westside Emergency Housing Center (WEHC) would become a 24/7 homeless shelter. It is a “one-stop-shop” with service providers providing medical services, case management and job placement services. It costs about $4.5 million a year to operate the shelter with about $1 million of that $4.5 million invested in transporting people to and from the facility.

https://www.krqe.com/news/albuquerque-metro/city-plans-on-expanding-services-at-westside-emergency-housing-center/

The Westside Emergency Housing Center has upwards of 450 beds to accommodate the homeless on any given night. The shelter offers shelter to men, women, and families experiencing homelessness in Albuquerque. While staying at the WEHC, the homeless have access to a computer lab, showers, medical examination rooms, and receive three meals a day. The WEHC is a 24/7 operation and has a staff of 80 to assist those who stay at the shelter.  The shelter does connect men and women to permeant housing and other resources.

GATEWAY HOMELESS SHELTER

Since being sworn in as Mayor on December 1, 2017, Mayor Tim Keller made it known that building a new city operated homeless shelter was his top priority. Keller deemed that a 24-hour, 7 day a week temporarily shelter for the homeless critical towards reducing the number of homeless in the city.

Keller’s plan has always been to assist an estimated 300 more homeless residents and connect them to other services intended to help secure permanent housing. The new facility is intended to serve all populations of men, women, and families. Further, the city wants to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility is to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.  The goal is for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

On April 6, 2021, Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million.  Keller announced that the massive facility would be transformed into a Gateway Center Homeless Shelter.

Fast forward to August 16, 2022.  After a full 15 months of delay since the purchase of the sprawling Gibson Medical Center, it was announced the Keller Administration had finally secured the necessary zoning change to operate the facility as a 24-7 “homeless shelter.” The city went full speed ahead with the remodeling of the complex.

The city’s website on the center reveals that, for Phase 1, “the Shelter and Engagement Center portion of Gateway will serve 50 single adult women-identifying individuals , on a yearly basis, up to 200 individual women. The First Responder Drop-Off will make up to 1,500 transports a year to needed services.”

On September 3, it was reported that the ABQ Gateway Center will likely to open some time this winter.  The city estimates 1,500 people could go through the drop-off each year. The “dropoff  for the down and outs” will initially have 4 beds.  It is primarily imagined as a funnel into other services.  While that likely will include other on-site services, city officials say it will also help move people to a range of other destinations, including different local shelters, or even the Bernalillo County-run CARE Campus, which offers detoxification and other programs.

Interior demolition and remodeling of the 572,000 square foot building has been going on for a number of months to prepare the facility for a homeless shelter.  The beds for 50 women as planned and for the first responder drop-off is to come online this winter. The city plans to launch other elements of the 24/7 shelter by next summer.

According to Keller, the city’s plan is to continue adding capacity, with ultimate plan to have a total of 250 emergency shelter beds, and 40 beds for medical sobering and 40 beds for medical respite beds for a total of 330 bed capacity.

Counting the other outside providers who lease space inside the building, city officials believe the property’s impact will be significant. In responding to questioning, Mayor Tim Keller said this:

“How many people did Lovelace help every day [when it was a hospital]? The answer is about a thousand …  We’re on track to do roughly the same thing.”

According to the 2022-2023 approved city budget $1,691,859 has been allocated for various vendors to operate Westside Emergency Shelter Center.

The link to quoted news source material is here:

https://www.abqjournal.com/2529657/abq-gateway-center-likely-to-open-some-time-this-winter-ex-mayor-say.html

 REVISTING McCLENDON V. CITY OF ALBUQUERQUE

The federal case of McClendon v. City of Albuquerque is a class-action lawsuit filed on January 10, 1995, in the United States Federal District Court by detainees at the Bernalillo County Detention Center (BCDC) in Albuquerque. The 1995 class-action lawsuit alleged that gross overcrowding and racial discrimination at the jail violated the constitutional rights of inmates.

The federal class action lawsuit sought injunctive and declaratory relief enjoining the operation of the jail exceeding its capacity and operating it with deplorable living conditions. At the time the lawsuit was filed, the downtown 8 story Bernalillo County detention center, torn down late last year, had a maximum capacity of 800, but the jail was repeatedly overcrowded with as many as 1,200 inmates who were often doubled up and living conditions were abhorrent. The overcrowding became so bad that the federal court would hold weekly and monthly status conferences and order the release of nonviolent defendants to reduce the overcrowding at the jail.

On Thursday June 23, KOB-4 ran a story where Mayor Tim Keller claimed that when it comes to the homeless, his hands were tied.  Keller said the homeless at Coronado Park turned down services offered by the city. Keller claimed the homelessness crisis that plagues Albuquerque is not unique to New Mexico and said “federal protections” have made some criminal enforcement difficult.  With footage of the illegal homeless encampment at Coronado Park as an introduction backdrop to the KOB 4 report, Keller said this:

“But those people are there [at Corando Park] by choice, a 100% by choice and they are protected federally. Otherwise, this problem would have been gone in all American cities. … The law is the law and you know you want to see someone a lot more powerful than a Mayor to talk to a federal judge.”

During the June 22 meeting of the Albuquerque City Council, a city attorney explained the federal pressures the city is operating under. The city attorney cited federal cases arguing that they place limitations on the city. The main case cited by the city attorney when it came to enforcing the law and the homeless was McClendon v. City of Albuquerque. The city attorney said this

“[When it comes to] “quote, unquote” homeless crimes, those offenders are not allowed to be arrested as a primary intervention”.

The city attorney explained that when it comes to “homeless crimes”, ostensibly meaning illegal camping, criminal trespassing and loitering, those offenders are not to be arrested as the primary intervention. Under the settlement terms, police still have the option to issue citations and still have the discretionary authority to make felony and misdemeanor arrests as they deem appropriate and where the circumstances warrant.

The city attorney said this:

“We are trying to advise the best we can [of] the least expensive means to be the most productive and respect people’s civil rights. ”

 The link to the full 3 minute, 34 second unedited KOB story is here:

https://www.kob.com/new-mexico/unm-law-professor-weighs-in-on-mayors-claims-about-homelessness/

APD AND ACS DEPARTMENTS PLAY A CRITCAL ROLE

APD ostensibly is doing the best it can with resources it has when it comes to the homeless.  Since the beginning of 2022 there have been issued 2,308 citations to the homeless and it has issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants.

The Albuquerque Community Safety Department (ACS) was created in part to deal with the homeless and the mentally ill by using social workers and mental health experts to reach out and to deal with the homeless as a substitute for dispatching APD.  It is ACS that is actually dispatched to deal with homeless encampments.

Much more can be done with the coordination of resources and placing an emphasis on dealing with the mentally ill and the drug addicted in the form of civil commitments through the courts. APD and the ACS departments need should assume the responsibility to investigate and identify those homeless and drug addicted who are criminal offense repeat offenders and who pose an immediate danger to themselves and others. Under such circumstances, constitutional policing practices would have to be adhered to avoid violations of civil rights.  The goal would be to get the homeless identified into the civil judicial system for mental health commitment and drug counseling.

COMMENTARY AND ANALYSIS

The city has a moral obligation to help the homeless, especially the mentally ill and the drug addicted. The city is meeting that moral obligation with the millions in financial commitment that is being made with services and shelter offered to the homeless and provided through the Family and Community Services Department.

POINT IN TIME MOST ACCURATE COUNT OF CITY’S HOMELESS

Whenever the Point In Time report is released, the City’s Family and Community Services Department and the charitable service providers go out of their way to disparage the results of the PIT report by simply dismissing it as an “undercount, yet they rely upon it for federal funding and do not dispute the accuracy.

The postscript to this blog article contains a listing service contracts.  After review of the millions being spent, the likely reason for downplaying the survey results is the millions being spent and that are at stake for the department and the charitable service providers.  Their dismissive attitude is a reluctance to be questioned or challenged and be held accountable for how much money is actually being spent and the results they are achieving.

What cannot be refuted are the PIT survey statistics over the last 12 years are very consistent and do not support the contention that the City’s homeless count is anywhere near what they are claiming.  The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

A major and surprising takeaway of past surveys is the actual number of the city’s homeless has hovered between 1,311 to 2,000 over the last 12 years.  The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 12 years.  According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 22.  This is very surprising given the public perception that the homeless crisis has only gotten worse in the city under Mayor Tim Keller.

AMOUNT SPENT PER HOMELESS PER YEAR $15,171.05 FOR PROVIDER 

The amount the city is spending for services per year per homeless person who are receiving some sort of city services can be calculated for 2022-2023 budget year.  The 2022 PIT Report reflects that the number of emergency sheltered homeless is 940 with 174 in “transitional housing” for a total of 1,114.   Therefore, the city is spending a minimum of $15,171.05   per homeless person, per year through the charitable service providers alone calculated as follows:   $16,900,554 (total of service contracts for 2022-2023) DIVIDED BY 1,114 (940 Emergency Sheltered and 174 Transitional housing) = $15,171.05.

The $15,171.05 per person, per year is for services only by contracted providers and does not include the $4.5 million operation costs for the Westside 24/7 shelter nor the the budgeted operating costs for the new Gateway Homeless Shelter when it is fully operational.  Further, the amount does not include the  $42,598,361 allocated  for affordable housing and permanent housing for the near homeless or chronically homeless with the actual number of those receiving city funding being unavailable.

UNSHELTERED MOST VISIBLE AND MOST PROBLEMATIC

The 2022 PIT data breakdown for the unsheltered for the years 2009 to 2022 reports that 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse for a staggering 89% combined total. It is the 197 “Unsheltered” reported in the 2022 PIT who are the most visible and the most problematic for the city. It is these homeless who are refusing city services, who do not want to be housed in shelters and who essentially want to be left alone, to do what they want, when they want and how they want, including illegal activities and illegal camping.

KELLER BEARS THE RESPONSIBILITY

The homeless have become far more visible and far more aggressive with the public where they illegally camp in parks, on streets, in alleyways and in city open space areas.  Mayor Tim Keller bears the responsibility for the homeless crisis becoming far more visible for the reason that over the last 5 years the city and the Albuquerque Police Department under Keller’s orders have not enforced the city’s trespassing, vagrancy and nuisance abatement laws when it comes to the homeless. Keller essentially took a hands-off approach to deal with the homeless when it came to enforcing the city’s ordinances and laws as they relate to the homeless.

When the city does take action against homeless encampments, it affords upwards of 72 hours for the homeless to vacate the area they are illegally camping on and trespassing.   Even though as a community there is a moral obligation to help the homeless, it does not give the homeless the right to trespass, camp and break vagrancy laws whenever they want and wherever they want. It’s an absurdity for the City and APD to give 72 hours for the homeless to violate the law.   The city should be making offers for services and shelter available and should be making demands for immediate removal of an encampment under the threat of arrest.  Another option is to seek help from the courts.

Placing the homeless in city sanctions tent encampment as Keller advocates is inhumane. Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

CIVIL COMMITMENT HEARINGS

There are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for 3-day, 7-day and even 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted.  Such processes and procedures can be utilized to deal with the homeless and to ensure that they get the medical treatment and counselling services they need.

Both the City Attorney and the Bernalillo County District Attorney can and should dedicate resources in the form of attorneys that will assume the filing of civil mental health commitment pleadings for such hearings as prescribed by law. The New Mexico Public Defender should also be called upon by the Courts to provide a defense where and when it is needed.

The link to review the applicable New Mexico state statutes NM Statute §43-1-1 (2019), NM Stat § 43-1-1 (2019), NM Stat § 43-1-11 (2020) on civil mental health commitments is here:

https://law.justia.com/codes/new-mexico/2020/chapter-43/article-1/section-43-1-11/#:~:text=An%20interested%20person%20who%20reasonably,grounds%20exist%20to%20commit%2

CREATE “HOMELESS COURT” WITH CIVIL COMMITMENTS

A greater emphasis must be made to get those homeless who are not in the criminal justice system the medical care and assistance they need without criminal prosecution and warehousing in the county jail.  A civil mental health commitment court for the homeless to deal with the mentally ill and the drug addicted who pose a threat to themselves, their family and the general public must be established.

One single specialty court designated as the “Outreach, Veterans and Homeless Court” or “OVH Court” should be created.  A program of cross deputization of City Attorney’s by the Bernalillo County District Attorney to allow them to file civil mental health commitment petitions in State District Court in misdemeanor and felony cases can be created.  The Criminal Division of the State District Court should assign a District Court Judge to deal exclusively with mental health commitment hearings with the help of Metro Judges and the consolidation and the assistance of “Metro Court Outreach Court” and the “Metro Community Veterans” court under one court that is established in both Metro Court and State District Court using both court’s resources including courtrooms.

APD is ostensibly doing its job with resources it has when it comes to the homeless.  Since the beginning of 2022 there have been issued 2,308 citations to the homeless and it has issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants.  However, much more can be done with the coordination of resources and placing an emphasis on dealing with the mentally ill and the drug addicted. The Metro Court should establish an identical court procedure that it has with the Metro Traffic Arraignment Program that when the officer issues a citation to the homeless person, a Notice and date and time of hearing is also provided in the citation itself.

Both the City Attorney and the Bernalillo County District Attorney could dedicate resources in the form of attorneys that will assume the filing of civil mental health commitment hearings as allowed by law. A program of cross deputization of City Attorney’s by the Bernalillo County District Attorney to allow them to file civil mental health commitment petitions in State District Court in misdemeanor and felony cases needs to be created. The New Mexico Public Defender must be called upon by the Courts to provide a defense where and when needed.

RESET OPPORTUNITY

Mayor Tim Keller should consider the 2022 PIT report as a reset opportunity. The report found that the total individual unsheltered is 197 homeless which should be manageable by law enforcement.  It is likely these are the homeless who refuse to accept any kind of assistance and want to be left alone. Given the upwards of $100 million being spent over two years and the opening of the Gibson Homeless Shelter, Keller really has few excuses in his failure to dealing with the unsheltered and their public infiltration throughout the city.

Unlawful encampment homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to make it totally inconvenient for them to “squat” and force them to move on,  be arrested by APD or be subject to civil commitment hearings for evaluation to get them the medical care, attention  and services they need.

______________

POSTSCRIPT

It is the Family and Community Services Department (FCSD) that deals with funding of programs that deal with the homeless. The enacted approved 2022-2023 contains at least 33 Affordable Housing and Community Development Contracts administered by FCSD with a total of   $59,498,915   allocated for fiscal year 20220- 2023.  The listing of the contracts can be found on page 101  of the 2022-2023 approved budget.

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

An analysis of the various contracts and what charitable organizations are benefiting from city contracts are in order to gain an understanding of the financial commitment the city has made to assist the homeless and near homeless.

I. EMERGENCY SHELTER CONTRACTS

Following are the budget line-item listings for emergency shelter contracts:

Albuquerque Health Care for the Homeless (AHCH) is the only health care organization in Central New Mexico dedicated exclusively to providing services to people experiencing homelessness.   https://www.abqhch.org/

Albuquerque Health Care for the Homeless Motel vouchers for homeless persons: $6,180.

Albuquerque Health Care for the Homeless Motel vouchers for homeless persons: $95,391

SUB TOTAL FOR ALBUQUERQUE HEALTH CARE FOR THE HOMELESS: $101,571

Barrett House Shelter is an emergency shelter for women and children experiencing homelessness. https://www.barrettfoundation.org/

Barrett Foundation Shelter for women/children : $30,256

Barrett Foundation Shelter for women/children: $54,672

Barrett Foundation Motel vouchers for homeless persons:  $17,011

SUB TOTAL FOR BARRETT FOUNDATION: $101,939

First Nations Community Health Source Motel vouchers for homeless persons: $56,684

Good Shepherd Center Emergency Shelter Services:  $63,000

Heading Home is a Housing First collaboration of public, private and non-profit organizations who united in 2011 to end homelessness for individuals who have been chronically homeless and are medically vulnerable. More than 800 individuals and their family members have been placed in permanent supportive housing since the Albuquerque Heading Home initiative started in 2011.

https://headinghome.org/programs-overview/albuquerque-heading-home/

Heading Home Emergency shelter for people experiencing homelessness:  $214,992

Heading Home Emergency shelter for people experiencing homelessness:  $2,512,458

Heading Home – AOC Emergency shelter for men experiencing Homelessness: $39,000

Heading Home – AOC Emergency shelter for men experiencing Homelessness: $239,972

Heading Home – WEHC Emergency shelter for people experiencing Homelessness: $271,870

SUB TOTAL FOR HEADING HOME: $3,278,292

HopeWorks Motel Vouchers for Homeless:  $50,000

Interfaith Bible Center-Compassion Center Day shelter services for people experiencing homelessness: $142,000

S.A.F.E. House Domestic violence shelter:  $234,000

S.A.F.E. House Domestic violence shelter: $201,000

SUB TOTAL FOR S.A.F.E. HOUSE DOMESTIC VIOLENCE SHELTER:  $435,000

TBD- WEHC Various vendors to operate WEHC:  $1,691,859

TBD Displaced tenant services:  $40,000

TBD Emergency Shelter Contracts:  $65,200

Sub-Total Emergency for Shelter Contracts:  $6,025,544

 II. HOMELESS SUPPORT SERVICES

Following are the budget line item listings for homeless support services:

Albuquerque Health Care for the Homeless (AHCH) is the only health care organization in Central New Mexico dedicated exclusively to providing services to people experiencing homelessness.   https://www.abqhch.org/

Albuquerque Health Care for the Homeless Dental Services for people experiencing homelessness:  $229,760

Albuquerque Health Care for the Homeless Dental Services for people experiencing homelessness:  $67,400

Albuquerque Health Care for the Homeless Support services for persons experiencing homelessness or are precariously housed, behavioral health issues and history of incarceration (City/County Joint Jail Re-entry project):  $135,000

Albuquerque Health Care for the Homeless Improve Health Care Services to people experiencing homelessness: $65,000

Albuquerque Health Care for the Homeless Outreach and Health Services to People Experiencing Homelessness:  $220,000

SUBTOTAL FOR ALBUQUERQUE HEALTH CARE FOR THE HOMELESS: $717160

Albuquerque Public Schools APS Title I Services for Children Experiencing Homelessness:  $80,000

Barrett Foundation Supportive Services:   $25,000

Bernalillo County Transition coordinator and operations of City/County jail reentry program:  $79,310

Crossroads for Women Workforce Development and Behavioral Health Services for Homeless and/or Precariously Housed Persons: $50,025

Cuidando Los Ninos Supportive Housing and Case Management: $80,500

Cuidando Los Ninos Workforce Development and Behavioral Health Services for Homeless and/or Precariously Housed Persons: $79,975

SUBTOTAL FOR CUIDANDO LOS NINOS: $160,475

First Nations Community Health Source Street Outreach Coordinator: $65,000

Heading Home Support Services:  $230,000

Heading Home Supportive Services:  $360,000

Heading Home Supportive Services for ABQ Heading Home:  $195,000

Heading Home ABQ Heading Home Coordination: $55,000

SUBTOTAL FOR HEADING HOME SUPPORTIVE SERVICES: $840,000

Hope Works Meals for people experiencing or near homelessness:  $58,440

Interfaith Bible Center Warming/Compassion Center for people experiencing homelessness:  $136,456.49

New Beginnings/God’s Warehouse Pickup and Drop Off Center for WEHC residents: $12,000

God’s Warehouse Vehicle and Kitchen Equipment:  $290,000

SUBTOTAL FOR NEW BEGINNINGS: $302,000

 The New Mexico Coalition to End Homelessness works  with over 80 agencies and partner providers around the State to offer comprehensive services, housing options, resources, funding and advocacy to support homeless individuals and families. https://www.nmceh.org/

NM Coalition to End Homelessness COC Planning:  $108,079

NM Coalition to End Homelessness COC Coordination: $15,000

NM Coalition to End Homelessness COC Coordination: $31,100

NM Coalition to End Homelessness HMIS Coordination: $25,000

NM Coalition to End Homelessness Coordinated Entry System:  $155,000

NM Coalition to End Homelessness HMIS Coordination: $112,249

NM Coalition to End Homelessness Helpline:  $180,000

SUBTOTAL NM Coalition to End Homelessness:  $626,428

Supportive Housing Coalition Support services is for persons experiencing homelessness or who are precariously housed, behavioral health issues and history of incarceration (City/County Joint Jail Re-entry project):  $308,000

TBD Provide Housing, Case Management, and Counseling to Chronically Homeless and precariously housed persons with BH Diagnosis: $235,250

TBD Transitional housing and supportive social services: $154,500

TBD Provide Housing, Case Management, and Counseling to Chronically Homeless and precariously housed persons with BH Diagnosis:  $244,750

New Mexico Veterans Integration Center Community Support Shuttle: $140,000

Wells Park and Barelas cleanup:  $60,000

SUB TOTAL FOR  HOMELESS SUPPORT SERVICES  $4,282,794

III. MENTAL HEALTH CONTRACTS

Following is the budgeted line item listings for mental health contracts:

2nd Judicial Court Assisted Outpatient Treatment Court Proceedings and Program Oversight:  $224,988

Crossroads for Women Clinical Services for Assisted Outpatient Treatment Program $385,417 SAMHSA SS UNM Institute for Social Research Program Evaluation for Assisted Outpatient Treatment Program: $136,055

Legal Representation – Andrea Gunderson, Reynaldo Montano, Law Office of D. Renae Richards Charney, and TBD Legal representation for petitioner/respondents for Assisted Outpatient Treatment Program multiple contracts not to exceed total: $120,000

Legal Representation – Andrea Gunderson, Reynaldo Montano, Law Office of D. Renae Richards Charney, and TBD Legal representation for petitioner/respondents for Assisted Outpatient Treatment Programmultiple contracts not to exceed total:  $60,000

Casa Fortaleza Mental health services for survivors of sexual assault: $21,550

Heading Home Outreach services for homeless mentally ill:  $360,000

First Nations Community Health Source Outreach services for people experiencing homelessness & mental illness:  $70,000

Bernalillo County Community Health Council Public Health Initiative:  $270,000

Casa Fortaleza Mental health services for survivors of sexual assault:  $78,450

Rape Crisis Center of Central New Mexico Mental health services for survivors of sexual assault: $217,000

NM Solutions Assertive Community Treatment: $607,700

TBD Forensic Assertive Community Treatment:  $607,700

UNM- Health Sciences Center Assertive Community Treatment:  $615,000

SUB TOTAL MENTAL HEALTH CONTRACTS:   $3,773,860

 IV.  SUBSTANCE ABUSE CONTRACTS

Cathy Imburgia Program Coordinator for DOJ Opioid Grant:  $145,000

Peer Engagement Specialist(s) to work with AFR HEART team in engaging individuals into treatment services: $26,000

Cathy Imburgia Project Coordinator for Gateway to Recovery: $70,000

Heading Home Administration of Recovery Housing Vouchers and Vouchers: $128,750

Albuquerque Center for Hope and Recovery Peer Recovery Staff for Gateway to Recovery:  $179,300

TBD Interpretation services: $15,000

Unite Us Treatment provider network and services database: $145,000

TBD Treatment provider network database: $70,000

UNM – Institute for Social Research Determine effectiveness of Peer to Peer Project (DOJ Opioid Grant):  $15,000

Sheryl Philips and TBD Treatment provider: Clinical review of behavioral health services:  $24,990

Treatment Provider Network Voucher based substance use treatment services including meth: $63,127

Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions: $102,000

School based substance use treatment services: $187,500

UNM-HSC- Office for Community Health Intensive Case Management for persons experiencing substance use disorder: $607,500

First Nations Community Health Source Youth Substance Abuse initiative: $2,200

First Nations Community Health Source Youth Substance Abuse initiative:  $98,800

Treatment Provider Network Voucher based substance use treatment services including meth: $745,689

Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions: $50,000

UNM Health Sciences Center- Office for Community Health Intensive Case Management for persons experiencing substance use disorder: $142,500

TOTAL SUBSTANCE ABUSE CONTRACTS:   $2,818,356

SUMMARY OF FUNDING

Emergency Shelter contracts $6,025,544

Mental Health contracts: $3,773,860

Substance Abuse counseling contracts: $2,818,356

Homeless Support Services Contracts: 4,282,794

Total of service contracts for 2022-2023:  $16,900,554

Affordable Housing Contracts for near homeless:  $42,598,361

TOTAL CONTRACTS AND AFFORDABLE HOUSING: $59,498,915

 The Gibson Medical Center that is currently being remodeled into the new Gateway Center is  home to 7 tenants, including three accredited hospitals, and various City of Albuquerque departments. Those tenants are:

AMG Specialty Hospital which is a long-term acute care hospital.

Haven Behavioral Hospital which is an in-patient and out-patient treatments for individuals struggling with mental health and substance abuse issues.

Turquoise Lodge Hospital which is operated by the NM Department of Health hospital and provides substance abuse treatment services to New Mexico residents.

Fresenius Kidney Care which provides education, support, and care for kidney health.

Zia Health Management which is an in-home medical care provider.

VIP Trauma Recovery Center, which is   a central hub to connect victims of violent crime to trauma recovery services.

The Encampment Outreach Team which secures ¼ mi radius around the facility and connects individuals in encampments to service.

The city’s Violence Intervention Program offices have also moved into the facility.

On October 3, the seemingly never-ending saga of Safe Outdoor Spaces continued at city hall when the Albuquerque City Council failed to override Mayor Tim Keller’s veto of the City Council’s attempted diversion of $1.25 million in funding for the operation of Safe Outdoor Spaces (SOS).  It was on September 12, that Mayor Tim Keller vetoed the city council measure that reallocated $1.25 million that was originally designated for Safe Outdoor Spaces.   The bill, which passed on a 5-4 vote, was sponsored by Republican City Councilor Dan Lewis with the funding reallocated to the city’s Gateway Center Shelter for services supporting homeless veterans.

A “Safe Outdoor Space” is a lot, or a portion of a lot, developed to provide designated spaces for occupancy with tents by the homeless or to park overnight vehicles used by the homeless.  The Integrated Development Ordinance (IDO) limits Safe Outdoor Space camps to 40 spots for tents and a total of 50 residents and makes them a temporary use.

It was on September 6 the City Council voted on a 5-4  and failed to override a Keller veto of  a 1-year moratorium on SOS homeless encampments.  At the same meeting,  City Councilor Dan Lewis sponsored the legislation to withdraw the city funding to operate them and divert the funding to existing homeless shelters to assist veterans.

Both times the city council failed to override Keller’s veto on a 5-4  because it did  not have  the necessary 6 votes to override his veto. Democrats Isaac Benton, Pat Davis, Tammy Fiebelsorn and Republican Trudy Jones voted  NO and Democrats Klarissa Pena, Louie Sanchez and Republicans Brook Bassan, Dan Lewis, Renee Grout voting YES to override the veto.

Links to news sources are here:

https://www.koat.com/article/albuquerque-council-funding-safe-outdoor-spaces/41507742

https://www.kob.com/new-mexico/albuquerque-city-councilors-fail-to-override-veto-to-reallocate-funding-for-safe-outdoor-spaces/

https://www.abqjournal.com/2537490/keller-wins-battle-over-safe-outdoor-spaces.html

APPEALS OF CITY APPROVED SAFE OUTDOOR SPACE STILL PENDING

It was on August 8, that the City Planning Department approved the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE, at  Menaul and Interstate 25.  The homeless tent camp will be for 40 woman who have been “victims of sex trafficking”.   

The Dawn Legacy Point Safe Outdoor Space was appealed by the following neighborhood association and businesses:

Santa Barbara Martineztown Neighborhood Association

Albuquerque Boca Hotel Limited Partnership dba Crown Plaza Albuquerque

Greater ABQ Hotel & Lodging Association

The Stronghurst Improvement Association

LifeRoots Inc.

Menaul School

The Reule LLC (Robert D Reule)

On September 28, 2022, an all-day hearing occurred on the appeals before a Land Use Hearing Officer. Each of the appellants cases were presented separately and consecutively with sworn testimony and evidence presented.

The main arguments made in opposition to the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite for victims of sex trafficking were as follows:

 

1. The application was “fast tracked” by the Planning Department to approve the application 8 days before the City Council repealed the Safe Outdoor Spaces zoning use on Aug. 16. 

 

2. The city failed to give legally required notice of the application to surrounding property owners and the neighborhood and failed to allow those property owners to give input and voice their opposition on how the neighborhood will be detrimentally affected. The hearing officer indicated in no uncertain terms that the city failed to give notice to adjoining property owners by failing to exclude “rights of way” (i.e, bordering streets and the freeway) to establish that a party had standing to appeal by being within 100 feet of the proposed encampment. The failure to give legal notice will likely result in litigation against the city.

 

3. The Planning Department unilaterally approved the application behind closed doors without notice to neighborhood associations or businesses or public hearing or input.

 

4. The city gave preferential treatment to the applicants, working with them to identify city-owned property to be used and with the city agreeing to fund operating costs and not affording others the same opportunity.

 

5. The security plan offered and approved by the city for the homeless camp is defective and insufficient for the campsite to ensure safety of the homeless and surrounding landowners and businesses.

 

6. The operation of the encampment will have a detrimental impact on the Martineztown-Santa Barbara neighborhood and businesses located in the area.

 

7. The homeless encampment will adversely affect and reduce property values and interfere with residents’ peaceful use and enjoyment of their properties. The neighborhood and businesses located in the area are already dealing with and suffering from the effects of the proliferation of homeless in the area which has contributed to the closure of businesses and lost revenues.  Occupants will not be confined during the day and will be free to go and come as they please and will wind up uninvited in the neighborhoods.

 

8. The encampment will be a magnet for crime, prostitution or illicit drug trade. The location of 1250Menaul Blvd, NE for a city sanctioned homeless tent encampment for victims of sex trafficking will result in it becoming a magnet for crime, prostitution or illicit drug trade. It’s located in close proximity to a truck stop known amongst law enforcement for prostitution and illicit drug activity.  It’s directly across the street from a major call center, a motel suite and is walking distance of Menaul Boarding School and apartments. Occupants of the ‘Safe Outdoor Space’ will not confined and would be free to go and come as they pleased and could easily wind up uninvited wherever they want to go. This includes the truck stop and disrupting the peaceful use and enjoyment at nearby locations or engaging in illicit activity.

At the conclusion of the September 28 hearing, the hearing officer announced his intent to take the full 15 days to render a decision which then can be appealed to the City Council that has the ultimate authority to make land use decision. Mayor Keller will not have veto power over the decision.

EPC VOTES TO RECOMMEND TOTAL REPEAL OF SAFE OUTDOOR SPACE

It was on June 22 that legislation was introduced by city Councilor Brook Bassan at city council to repeal and to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO) after she originally voted to support the land use.  The repeal legislation was referred to the Environmental Planning Commision (EPC) for a full hearing and to make finds and recommendations.

On   September 15, the EPC voted to recommend a “Do Pass” recommendation to eliminate “Safe Outdoor Spaces” from the Integrated Development Ordinance (IDO).  The vote and the recommendations were to delete all references of Safe Outdoor Spaces in the IDO effectively outlawing the conditional land use anywhere in the city.

During the September EPC hearing, the main arguments made by those opposed to Safe Outdoor Spaces include the following:

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

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

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

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

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

6. Safe Outdoor Spaces violates the city’s “Housing First”policy jeopardizing millions of dollars in federal funding by offering temporary housing and tent encampments to the homeless.  In the 2021 fiscal year, the city spent $40 million and in the 2022 fiscal year will be   spending $60 million to assist the homeless and much of the federal funding will be placed in jeopardy because of Safe Outdoor Spaces.

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

At the conclusion of the September 15 EPC hearing, the EPC adopted upwards of 4 pages of very detail findings citing specific provisions of the IDO supporting their ruling to recommend the elimination of Safe Outdoor Spaces from the IDO.  Those finding outlined the provisions of the IDO that Safe Outdoor Spaces violate.  The specific findings of the EPC supporting the deletion of Safe Outdoor Spaces from the IDO are as follows:

“The request to remove Safe Outdoor Spaces (SOS) from the IDO would generally help to enhance, protect, and preserve distinct communities because it would ensure that SOS are no longer allowed City-wide.”

“The request to remove SOS from the IDO would generally help to protect the identity and cohesiveness of neighborhoods because it would ensure that the use is not allowed to be near neighborhoods.” 

“The request to remove SOS would be consistent in enhancing, protect, and preserving the long-tern health and vitality of neighborhoods because it would remove a use that is temporary, in some instances. A temporary use would not respect neighborhood values because the use is allowable in both Areas of Change and Areas of Consistency. Though only allowable in non-residential zone districts, the use would not stabilize neighborhoods or enhance their attractiveness.”

“The request to remove SOS from the IDO would generally continue to create and support healthy, sustainable and distinct communities because SOS would no longer be allowed Citywide, which in turn would protect the characteristics of distinct communities. SOS are allowed in a variety of non-residential or MX uses, as well as residential zones when associated with religious institutions, where higher density housing is allowed. By removing SOS as a use, higher density housing will continue to be encouraged on those sites.”

“SOS are currently allowed in all MX zone districts as conditional temporary uses and in NR-C, NR-BP, NR-LM and NR-GM as temporary uses, as well as residential zone districts when associated with a religious institution. The request to remove SOS form the IDO would ensure that SOS as a locally unwanted land use are eliminated, since they are allowed in a variety of zone districts in both Areas of change and Areas of Consistency City-wide.”

 “The request would generally ensure that the character and intensity of development in Areas of Consistency is reinforced by removing SOS from the IDO because the use is currently allowed in areas of consistency with minimal design standards. Furthermore, growth that is desired in areas of change would be generally encouraged in zone districts that SOS are currently allowed on.”

“The request would raise the sufficient land available to accommodate projected employment growth City-side by eliminating Safe Outdoor Spaces. SOS are currently allowed in a variety of non-residential zone districts that could otherwise be developed as businesses.”

The EPC recommendation will  be referred to the City Council Land Use and Zoning Committee (LUPZ) for further hearings and ultimately the legislation will be presented for a vote to the full City Council.  It is the City Council that has the ultimate and final authority over land use issues.

 COMMENTARY AND ANALYSIS

There is, prolonged political battle being waged between the city’s elected officials and a hostile general public that centers upon “Safe Outdoor Spaces” which are city sanctioned tent encampments for the homeless. On one side of the contentious dispute are Mayor Tim Keller and City Councilors Isaac Benton, Pat Davis, Tammy Fiebelcorn and Trudy Jones and Keller’s City Departments who are determined to have “Safe Outdoor Spaces” (SOS).  They are determined to force the land use down the public’s  throats without public input and contrary to hostile public opposition.

On the other is the general public who by have very legitimate concerns that the tent encampments will be magnets for crime, such was Coronado Park, and be allowed to fester.  This is not an issue of “not in my back yard”, but one of hostility, mistrust and failed communications by elected officials and city departments who are viewed as mishandling the city’s homeless crisis. The general public is extremely hostile to the temporary tent encampments, yet the mayor and city councilors simply ignore them.

Mayor Tim Keller vetoed a 1-year moratorium on SOS an vetoed the council’s diversion of $1.25 million originally designated for homeless encampments.  The city council failed to override both vetoes not having 6 votes because of Benton, Davis, Fiebelcorn and Jones. On September 25, the City Environmental Planning Commission voted to Eliminate SOS from the Integrated Development Ordinance effectively outlawing the conditional land use anywhere in the city.   The legislation will be forwarded to the City Council where it will likely pass on a 5-4 vote.  Mayor Keller is expected to veto the ban.  The City Council is expected to fail again to override the veto with a 6-3 vote with Trudy Jones being the swing vote as she was when she change her mind to support SOS.

The City’s nuisance abatement ordinance defines nuisance in terms of real property stating “Any parcel of real property, commercial or residential … on which … illegal activities occur, or which is used to commit, conduct, promote, facilitate, or aide the commission of … any [felony or misdemeanor.] … It shall be unlawful for any owner, manager, tenant, lessee, occupant …  in real property … to intentionally, knowingly, recklessly, or negligently … promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using the … property . … “

Safe Outdoor Spaces violate the city’s “housing first” policy jeopardizing millions of dollars in federal funding offering tent encampments to the homeless. In the fiscal year 2021 the city spent $40 million and in the 2022 is spending another $60 million to assist the homeless. Given the millions spent, SOS are not needed.

Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

On February 26, 2021, the United States District Court for the District of New Mexico granted a joint motion filed by the United States Department of Justice (“DOJ”) and the City of Albuquerque (“City”) with the concurrence of the Independent Monitor (“IM”) by entering a Stipulated Order Establishing an External Force Investigation Team (EFIT).  The 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.  A Court Order was agreed to by the city to establish the EFIT and its mission after the DOJ made it know it was prepared to seek contempt of court for willful violation of the Court Approved Settlement Agreement (CASA) and seek sanctions against the city.

HOW EFIT WORKS

EFIT is on call 24/7 and must respond to all call outs within one hour of notification. All Use of Force (“UOF”) investigations must be completed within 60 days with an additional 30-day supervisory review period for a total of 90 days from start to finish.  EFIT must conduct joint investigations with APD Internal Affairs Force Division (“IAFD”) of all Level 2 and Level 3 Use of Force incidents.   The joint investigations include all Tactical Deployments where Use of Force is utilized. EFIT must also assist APD with training concerning the UOF. The EFIT Executive Team worked with APD IAFD to establish a detailed IA Investigative Process Narrative that governs the response protocols to any Level 2 and 3 UOF cases.

On March 21, 2022, an Amended Stipulated Order Establishing the EFIT was agreed to by the parties. The Amended Stipulated Order modifies the EFIT in two ways:

First it requires the EFIT to investigate all use-of-force incidents occurring between January 1, 2020, through July 16, 2021, that APD did not investigate, in full or in part, in violation of the Court Approved Settlement Agreement (“CASA”)

Second it extends by 24 months, from May 2022 through May 2024, the period during which the City shall continue to engage EFIT to assist IAFD to investigate new Level 2 and Level 3 use-of-force incidents

SECOND EFFIT TEAM CREATED, STAUS OF BACKLOG

Pursuant to an  Amended Stipulated Order the City drafted a contract for EFIT to establish a secondary team (“EFIT 2”) to investigate and address a  667 backlog of cases. The EFIT 2 Team is now fully operational and has established an approved methodology and commenced investigating and closing the backlog cases. Following is the status of those cases:

Total Backlog: 667

Cases Assigned to EFIT Investigators: 43

12 UOF Investigations Previously Completed by IAFD Assigned to EFIT:  12

Sub-Total: 52

12 UOF Investigations Previously Completed by IAFD Closed by EFIT:  12

EFIT Investigators – UOF Investigations Closed 14

Total Completed:  27

Investigations Pending:  640

External Force Investigation Team Fourth Quarterly Report, page 41.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

 MAJOR HIGHLIGHTS OF EFIT FOURTH QUARTERLY REPORT

On August 23, the External Force Investigation Team (EFIT’S) filed its fourth quarterly report for the time period of April 22, 2022, August 5, 2022. The document is 45 pages long with the link to the document here:

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

EDITOR’S NOTE: This blog article concentrates on the statistical information contained in the report and does not report on the management issues and decisions made.

 STATISTICS CITED

The External Force Investigation Team   fourth quarterly report provides a table outlining the number of Use of Force cases investigated, time taken to complete the investigation, including supervisory review, and the percentages where the investigation were found out of compliance.  Following is the data gleaned from the table for each time period:

From October 1, 2021 to Dec 31, 2021 there were 111 use of force cases taking an average of 55.35 days to investigate, 24.94 days for supervisor review, for a total of 88.37 days to investigate and close, with 27.02% found out of compliance and 9.90% out of APD Use of Force Policy.

From January 1, 2022 to March 31, 20222022 there were 103 use of force cases taking an average of 53.63 days to investigate, 18.71 days for supervisor review, for a total of 87.88 days to investigate and close with 60.19% found out of compliance and  7.76% out of APD Use of Force Policy.

From April 1, 2022 to June 30, 2022 there were 103 use of force cases taking 53.03 days to investigate, 16.02 days for supervisor review, for a total of an average of  85.39  days to investigate and close with 22.33% out of compliance and 5.82% out of APD Use of Force Policy.

From July 1, 2022, to August 18, 2022 there were 55 use of force cases closed taking an average of 51.13 days to investigate, 18.26 days for supervisor review, for a total of 86.67 days to investigate and close with 14.54% out of compliance and 5.54% out of APD Use of Force Policy.

External Force Investigation Team Fourth Quarterly Report, page 21.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

During the quarterly reporting period of April 22, 2022 to August 5, 2022, APD experienced 4 Officer Involved Shooting incidents, 2 accidental discharges in addition to 15 tactical activations, 3 use of K9 , 22 use of a tazer, and 12 involving an impact weapon. EFIT previously identified numerous issues regarding these cases. Specifically, during this most recent quarter, EFIT observed and/or discovered that IAFD made a noticeable improvement with the way IAFD is handling Officer Involved Shootings and other complex investigations.

As of 4^th quarterly report, 26 out of the 361 or 7.20% of the Use of Force investigations closed by the External Force Investigation Team (EFIT) and the Internal Affairs Force Division (IAFD) were found to be not within the APD Use of Force policies.  This is a reduction from the 9.17% reported in the previous quarterly report.

Most significantly, 121 out of the 361 or 33.51% of the UOF investigations closed by EFIT/IAFD were out of compliance when evaluated against the Process Narrative utilized to assess investigations.  This is a reduction from 44.45% reported in the previous quarterly report. While this is still an obvious concern for IAFD EFIT, the EFIT was  very encouraged by the approximately 11-point reduction.

As August 5, 2022, EFIT/IAFD responded to, and are investigating, a total of 502 Use of Force incidents. These investigations were completed on an average of 53.84 days. In addition, 361 Use of Force investigations were closed, 26 averaging a total of 87.10 days for closure. The 502  UOF incidents to included 15 Officer Involved Shootings (“OIS”) and 3 referrals to the Multi-Agency Task Force (“MATF”) with 9 for potential criminal violations. EFIT/IAFD completed 361 investigations all within the 90-day time period outlined in the Amended Stipulated Order.

Although there has been improvement with the time in completing the investigations, EFIT remained concerned that these averages are too close to the maximum range and remain too high if EFIT is to complete its Court ordered mandate. Supervisor reviews remain at an average of 20.81 days. Of the UOF cases closed (361), 26 UOF cases were out of APD Policy, or 7.20%, 28 and 121 of the 361 investigations or 33.51% failed to comply with the Process Narrative.

Since its inception, EFIT assumed 13 UOF investigations, but only 2 during the current reporting period as those investigations became close to violating the stipulated timelines but assumed only one case during this reporting period.

The EFIT noted and reported that it witnessed a marked improvement in the workings of IAFD.  According to the EFIT, while there remains a great deal of work to be done, the tone and tenor within IAFD has improved substantially in this reporting period.

The EFIT also noted previous concerns regarding supervision and sustainability. It appears that APD is taking this issue seriously and EFIT welcomed the addition of Commander Scott Norris to head the IAFD Department. According to the report, the EFIT is working closely with Commander Norris.

The EFIT reported that the intention of the report is to provide the Court with a better understanding of the successes, recommendations and the failures of APD, particularly IAFD.  To quote the report “It is EFIT’s goal to teach, mentor and professionalize IAFD so that when EFIT’s assignment is completed, EFIT leaves the City with a sustainable division that investigates UOF incidents in a timely and professional manner.”

STAFFING

 As of August 5, 2022, the Internal Affairs Force Division (IAFD) must be staffed with 25 Detectives/Investigators. Currently IAFD has 15 civilian Investigators and 14 Detectives.  However, it is anticipated that by the end of the current year, IAFD may lose several of the most experienced personnel due to retirements, promotions, and Officers requesting transfers to field divisions and specialized field units.

The APD Chief authorized the staffing of IAFD to be increased in anticipation of the expected loss of an additional 7 sworn personnel. While these staffing levels must be maintained under the Amended Stipulated Court Order, EFIT  continue to express concern that these numbers tend to fluctuate and retention of both sworn and civilian personnel is a constant concern as IAFD moves extremely close to falling below required staffing levels.

As of August 5, 2022, IAFD is currently staffed as follows:

11 Sworn fully trained.

2 Sworn on leave (counted in the 11 above)

2 Sworn in PRU31 (not counted of the 11 above)

1 Sworn Vacancy

10 Civilian Investigators fully trained

1 Civilian Investigator in training

1 Civilian Investigator on leave

1 Civilian working on FRB preparation work (not counted in the 10 above);

4 Sergeants.

1 PRU Sergeant.

2 Acting Sergeants.

0 Lieutenants.

1 Acting Lieutenant

2 Deputy Commanders

2 Acting Deputy Commanders.

4 Support personnel.

The IAFD was authorized to hire 7 civilian investigators. 3 have a hire date and one is pending a hire date; thus, 4 are pending.

External Force Investigation Team Fourth Quarterly Report, page 33.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

COURT HEARING SCHEDULED

A Federal Court “Status Conference” hearing on the fourth External Force Investigation Team report is scheduled for Wednesday, October 5, 2022, beginning at 1:30 pm in  the Vermejo Courtroom, on the fourth floor of the Federal Courthouse in downtown Albuquerque, 333 Lomas Blvd., NW, between 3^rd and 4^th Streets, NW.  The hearing is open to the public.  You can also attend the status conference by Zoom Video by sending  an  email with your full name and email address to Ms. Annamarie Maresca, the Paralegal Specialist who works with the DOJ team on this case, at Annamarie.Maresca@usdoj.gov by noon on Monday, October 3, 2022.

EFIT’s next quarterly report will be filed with the Court on November 16, 2022.  It will to will contain an analysis of issues based on the findings of both APD and the Use of Force compliance unit and case investigative compliance.

15TH FEDERAL MONITOR’S REPORT ON APD REFORM COMPLIANCE

On May 11, Federal Court Appointed Independent Monitor James Ginger filed his 15th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 15th Federal Monitors report is a 332-page report that covers the 6-month time frame of August, 2021 to January, 2022. The link to review the entire report is here:

https://www.cabq.gov/police/documents/910-220511-imr-15.pdf

The Federal Monitor reported that as of the end of the IMR-15 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100%
Secondary Compliance: 99%
Operational Compliance: 70%

These are the highest compliance level numbers since the Court Approved Settlement agreement was entered into in 2014. The 15th Federal Monitors report is also a dramatic reversal from the past 3 monitor reports that were highly critical of the Keller Administration and the Albuquerque Police Department.

The Federal Monitor Ginger said that the quality of writing and accuracy of investigations of police use of force cases has improved greatly since the creation of the External Force Investigation Team which has streamlined reviews of use of force and investigations by upper-level staff.

The Federal Monitor said this in his 15th report about EFIT:

“… optimism should be tempered by recognition of administrative and cultural obstacles that persist. … Eventually, EFIT will pass oversight responsibilities back to APD, which will test APD’s ability to sustain the obvious progress made with day-to-day external oversight.”

The link to quoted news source material is here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

DEPARTMENT OF JUSTICE AGREES TO ALLOW APD TO SELF MONITOR

On September 15, 2022 it was reported that the Albuquerque Police Department and the U.S. Department of Justice (DOJ) have formalized and agreement that will allow APD to oversee police reform mandated on their own. The DOJ has been monitoring those efforts since 2014 after a DOJ investigation found a pattern of excessive force and deadly force and a “culture of aggression” within APD, especially when dealing with the mentally ill.   Over the summer, the City and the DOJ had reached the agreement, but APD needed time for formulate and implementation plan of how it would work. The partis filed the joint notice and a 47-page plan in federal court on September 15.

The Federal Court Approved Settlement (CASA) has 276 paragraphs, each detailing different areas and mandating reforms.  The APD and the DOJ formalized self-reporting agreement covers 61 of the 277 total paragraphs in the CASA or nearly a quarter of the oversight requirements.  Federal Independent Monitor James Ginger will continue to assess some aspects of APD’s progress, but many aspects will now be under APD’s own oversight, essentially loosening the grip the U.S. Department of Justice

According to the Federal Monitor’s reports, APD has maintained compliance in several areas for the last few years. APD will now assume self-monitoring in the following areas of the Court Approved Settlement Agreement (CASA):

• The Multi-Agency Task Force used to investigate police shootings
• Specialized Units like the SWAT team
• The Behavioral Sciences Section.   This will involve APD coordinating with the Mental Health Response Advisory Committee to develop crisis intervention training. APD will look at the current training plans for crisis intervention procedures and report meeting minutes with the Mental Health Response Advisory Committee.
• The Field Training and Evaluation Program which includes recruiting, hiring and promotions
• Public Information process on Civilian Complaints
• Staffing, including a required staffing study
• Recruitment and Hiring
• Performance Evaluations and Promotions
• Officer Assistance and Support

Some of the measures are considered “quantitative in nature” and can be measured in numbers. Other measures of compliance are “qualitative” such as APD recruits having a way to provide feedback during field training with APD relying on recruit critiques to assess progress.

REACTION TO SELF MONITORING AGREEMENT

The City and the DOJ were quick to react to the agreement.

Mayor Tim Keller had this to say:

“This agreement marks a huge milestone for our police department and our city and should be noticed as a significant accomplishment in the reform process. …  As this process has not been easy for our officers, we did not give up on getting through the challenges and have done so in a way that is sustainable for our police department and its dedicated staff.”

U.S. Attorney Alexander Uballez for the District of New Mexico also commended the work APD has done and said this

“Successful self-assessment is the cornerstone of true reform, and the Albuquerque community should expect no less … Together, we will realize the goals set out by this community, through mutual agreement, seven years ago.”

APD Chief Harold Medina for his part had this to say:

“I am pleased we have finally found a light at the end of the tunnel in the reform process. … We overcame many challenges to get to this point. I appreciate the acknowledgement from the DOJ of our progress and our commitment to reform at APD.”

Links to quoted news sources are here:

https://www.kob.com/new-mexico/apd-doj-formalize-agreement-to-self-monitor/

What’s next for Albuquerque police after DOJ ‘loosens grip’ on oversight? (krqe.com)

https://www.abqjournal.com/2532494/apd-doj-formalize-agreement-to-self-monitor-some-reform-requirements.html

COMMENTARY AND ANALYSIS

It is disappointing that only 43 of the 667 backlog of cases have been resolved with 640 remaining.  With the passage of time, those investigations become far more difficult, and no disciplinary action can be taken leading to the questioning if anything substantive will actually be accomplished with APD and its reform efforts other than carrying out a demand that the DOJ has made?

Notwithstanding, significant progress has been reported in the   EFIT  Fourth  Quarterly report.  With APD assuming self-monitoring in one third of the court order reforms, and after over 7 years of implementing the mandating DOJ reforms, and millions spent on training, APD appears to have finally turned the corner on implementing the 271 mandated reforms. APD Chief Harold Medina’s goal to attain full compliance within two years commendable, but in reality, means the public needs to brace itself for the DOJ being around for at least 4 more full years.

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Primary Compliance is now at 100%, Secondary Compliance is now at 99% and Operational Compliance is now 70%. The problem is APD also has a history of improving compliance levels taking major steps forward only for it return to previous lower levels.

 

The first debate between Democrat Governor Michelle Lujan Grisham who is seeking a second term and TV Weatherman personality Republican Mark Ronchetti was billed by Channel 4 as an anticipated heated exchange, and the candidates did not disappoint. Libertarian Party candidate for Governor Karen Bedonie was not invited to debate.  The debate was moderated by Channel 4 reporters Tessa Mentus and Matt Grubs. Both candidates intensified their attacks on each other, sometimes getting very personal.

Recent polls show that Ronchetti is trailing in the race by between 4% and 7% with one poll suggesting that Governor Lujan Grisham has a 12% lead.  The polls also revealed that abortion, crime, the economy are the top 3 issues in the race.

It came as no surprise that Ronchetti, who spoke first, seized the chance to slam the Governor on New Mexico’s high violent crime rates and the shutdown of businesses and in-person schooling during the peak of the pandemic.

Lujan Grisham for her part stood her ground and pushed back sharply offering herself as battled-tested leader willing to make tough decisions in contrast to an opponent who’s never held office before and who has never had to make tough decisions in times of crisis.

DEBATE TOPICS

The debate itself covered a wide range of subjects including crime, abortion, the state’s education system, the economy, the judicial system and the pandemic.  Both stood their ground and exchange accusations and at times personal insults.

ABORTION

Abortion is considered the defining issue in the race.

In 2021, Lujan Grisham helped legislators repealed the dormant 1969 statute that had outlawed abortion procedures as felonies.  The 1969 criminal law could have been enforced following the Supreme Court decision overturning Roe v. Wade.

Lujan Grisham had this to say:

“If Mark Ronchetti was governor today, abortion would be illegal in the state of New Mexico. … Because I’m governor, abortion is legal in the state of New Mexico.   As long as I’m governor, a woman’s constitutional right to privacy to make her own highly, deeply personal decisions about her health care and her family’s will stay legal. … The fact that anyone should get to vote about my personal health care decision is quite frankly outrageous.”  

Ronchetti has insisted on the campaign trail that he would not seek to ban abortion entirely despite his personal anti-abortion views. Ronchetti is advocating for a ban on abortions after 15 weeks of pregnancy with exceptions for rape, incest and risk to the physical health of the mother proposing a statewide referendum on abortion restrictions.

“Everybody in the state of New Mexico should be able to vote on it and come up with something that fits our shared values.”

In mid-July, Mark Ronchetti’s promise on the campaign trail that he would not seek to ban abortion entirely was seriously discredited when Legacy Church Pastor Steve Smothermon told his Christian fundamentalist “mega church” congregation in a Sunday sermon that Ronchetti personally confessed to him in private that he made the promise only to get elected.  Smothermon was quoted as saying:

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

Lujan Grisham for her part said in rebuttal that Ronchetti has shifted his positions on abortion “more than the weather changes right here in New Mexico.” Lujan Grisham also said no politician, no voter and no government has any right to tell a woman if she should have an abortion.

CRIME AND CRIMINAL JUSTICE

Ronchetti focused on New Mexico’s high violent crime rate pointing out that the state is second in the nation in 2020.  Ronchetti faulted the governor on crime and public safety. He accused the Governor of appointing judges who are “soft on crime” and made it more difficult to be a police officer. He accused her of not trying hard enough to secure legislative approval to revise the state’s bail system for criminal defendants.

Ronchetti said this:

“We have soft-on-crime judges and we still have catch-and-release. … If you think the system is broken, she is the head of the system. … There has to be a change here — she hasn’t taken crime seriously.”

Lujan immediately shot back suggesting Ronchetti has only superficial plans for tackling complex problems and said this:

“Bold words from someone who’s never even been to a legislative session.”

Ronchetti ridiculed the governor as out of step with the struggles of ordinary New Mexicans and acted with sarcastic faux indignation at the idea that he had not spent time at the Capitol to understand New Mexico’s problems. Ronchetti said this:

“Are you kidding me? Everybody in Albuquerque lives it. We live it — we live the crime everyday. … You don’t have to go to the Roundhouse.”

A voter-approved constitutional amendment in 2016 made it harder to deny bail while defendants await trial.   Lujan Grisham did attempt to make changes to the law of pretrial detention, but the legislature failed to adopt a “presumption of being violent” standard to hold defendant charged with a violent crime in jail pending trial.

Governor Lujan Grisham was also critical of the state’s bail system but also pointed to accomplishments that will improve the judicial system.  She noted that she signed legislation that boosts retention pay for municipal police and sheriff’s deputies, bestows million-dollar death benefits for relatives of police killed in the line of duty and expanded intervention programs to rein in gun violence. Lujan Grisham had this to say:

“We’re giving our police officers the raises and dignity they deserve, the professional development training, the tools to keep them safe, the equipment and vehicles, a new crime lab.”

PUBLIC EDUCATION

When asked about education, both candidates agreed that smaller class sizes would help boost New Mexico student outcomes. Ronchetti focused on New Mexico’s dismal academic proficiency rates for students.

But neither Ronchetti nor Lujan Grisham laid out a plan to respond to the 2018 landmark public education court decision Martinez-Yazzie that found New Mexico was failing to meet its constitutional obligation to provide an adequate education to all students, particularly Native Americans and English-language learners.

Lujan Grisham urged the public to support her increase in new state spending in public education and college subsidies, arguing the small businesses crave a prepared workforce. Lujan Grisham said this:

“We’ve invested billions of dollars into public school classrooms and to the pay raises for teachers and to expanded pre-K and daycare and … tuition-free higher education for thousands of New Mexicans.  The seeds are planted. Positive change is truly our destiny.”

THE ECONOMY AND STATE REVENUES

Ronchetti repeatedly asked viewers if they thought they were better off amid pressures of inflation, and whether they could feel the effects of the governor’s programs. Ronchetti said this:

“Have you felt it in your bottom line? Do you look at things now and say, ‘yes, I can afford what I need to afford. … A lot of your programs are not making a difference for people on the ground.”

Lujan Grisham responded by noting her administration this year delivered tax cuts on sales and gross receipts, along with tax rebates of up to $1,500 per household, touting her ability to work with a Democrat-led Legislature. Lujan Grisham said this:

“He says he proposes it, I already did it.”

On the issue of the state’s projected $2.5 billion in “new” revenue for the coming budget year, Lujan Grisham attributed the windfall to her administration’s efforts on the economy and she said this:

“These record revenues are because our economic policies worked.”

However, legislative economists have said that roughly two-thirds of the projected revenue growth is expected to come directly from oil and natural gas receipts.

THE PANDEMIC

As expected, Ronchetti took issue with the Governor’s handling of the pandemic with business closures and school closings saying how it damaged the state’s economy and education system. However, Ronchetti failed to elaborate on exactly what he would have done differently.

Lujan Grisham acknowledged the pain of the pandemic and state’s largest wildfire.  But she said her experienced as a leader was needed in the time of crisis and she said this:

“We’ve come a long way in four years. … As New Mexicans we’ve been through a lot. I remain steadfast in my optimism about what comes next.”

Links to quoted news source materials are here:

https://www.kob.com/new-mexico/recap-lujan-grisham-ronchetti-highlight-differences-in-kob-4-debate/

https://www.usnews.com/news/best-states/new-mexico/articles/2022-09-30/1st-debate-highlights-stakes-in-new-mexico-race-for-governor

https://www.abqjournal.com/2536902/gov-candidate-clash-in-testy-tv-debate.html

COMMENTARY AND ANALYSIS

Like it or not, physical appearances and mannerism do make an impression in live TV debates.

Not at all surprising is that Mark Ronchetti, a longtime TV personality and former meteorologist for KRQE Channel 13, looked comfortable on camera wearing a dark suit and tie that stood out which is in sharp contrast to the blue jeans and dress shirt he is known to wear on the campaign trail.  During the debate, he frequently came across as downright angry and his over pronunciation of words gritting of his teeth was annoying.  What was downright unprofessional was Ronchetti’s exaggerated, childish facial expressions he made to show his displeasure with the Governor and make a point when he did not like what the Governor was saying in response to questions.

Lujan Grisham, a former congresswoman with lengthy TV debate experience, for her part did a good job in pivoting from Ronchetti’s attacks and pitched her experience in office.  What was annoying is that she wore a light blue outfit that seem to have her blend into the TV backdrop as she was forced to speak around a TV microphone that obstructed a clear view of her.

Ultimately, there were no major gaffs by either candidate and the debate did not produce a clear winner.  Given the fact the debate occurred on a Friday night at 7:00 pm on Channel 4, the likely viewership was very low and had no impact on the race.  Las Cruces is not within Channel 4’s market media and therefore the residents of the state’s second largest city were unable to see the debate.

Absentee voting begins October 11.   Election Day is November 8.

New Mexico has been struggling for decades to diversify its economy, wean itself off of federal government spending and reducing its heavy reliance on the oil and gas industry where the state gets nearly 40% of its revenue from. When the oil and gas industry booms, New Mexico becomes flush with money and when it busts, the state revenues plummet causing financial crisis.

With $3.7 billion In Federal Infrastructure Investments and Jobs Act Funding, the allocation of $478 million in federal pandemic aid out of $1.1 Billion in pandemic relief and the $1.6 billion of projected windfall from oil an gas revenues, the state’ s decades long financial woes may finally be coming to an end.  Notwithstanding, the state is still too reliant on oil and gas revenues. For that reason, the next 4 years of government expenditure of billions may prove to be a once in a lifetime opportunity to diversify the state’s economy.

This blog article is an in-depth analysis on diversifying New Mexico’s economy over the next four years concentrating on the 10 industries that could accomplish that goal.

INDUSTRIES TO WATCH

There are 10 sectors or industries that have been that have the best shot at diversifying New Mexico’s economy. Those industries are:

Film & Television

Aerospace

Sustainable Energy

Intelligent Manufacturing

Cyber-Security

Outdoor Recreation

Value Added Agriculture

Global Trade

Bio-Sciences

Sustainable Energy

Intelligent Manufacturing

Recreational Cannabis And Hemp Industries

During the last 3 years, some significant progress has been made by the State in diversifying New Mexico’s economy in 7 of the 9 areas targeted by the state for economic development. The setbacks and the progress in those areas are worth noting:

FILM & TELEVISION

On July 29, it was reported that the New Mexico Film Office announced that 2022 has been a record setting year for TV shows and movies shot in New Mexico.  The film office also and it expects those numbers to keep going up, even as other states are beginning to offer the same type of incentives that New Mexico offers.  According the film office, the industry brought in $855 million this year.   This is a whopping increase of $228.9 million over fiscal year 2021.  This year alone, big productions like AMC’s “Better Call Saul,” Netflix’s “Stranger Things” and Focus Film “Vengeance” were all shot in New Mexico.  A record 109 different productions brought in a record total of $855 million of spending.

New Mexico’s film incentives is one of the major reasons for the increase. The state’s tax incentives include a 25% to 35% production tax credit for film, TV, commercials, documentaries, music videos, video games, animation, postproduction and more.

As New Mexico brings in more revenue from the film industry, 2 other states are trying to do the same.  Oklahoma passed a $30 million tax incentive to any films shot in their state and Arizona’s film incentives come in higher than New Mexico’s with a $125 million cap.  But offering tax incentives is not the only key to success.  The state’s film incentive is highly competitive, but it also hinges on hiring New Mexico residents and sourcing from New Mexico businesses.  A big asset for the state is the availability of a  highly skilled crew base.

https://www.kob.com/new-mexico/new-mexico-film-industry-sees-record-breaking-855m-in-spending/#:~:text=A%20record%20109%20different%20productions,a%20piece%20of%20the%20pie.

Governor Grisham had this to say:

“Another record year for film and television industry spending makes it as clear as ever that New Mexico is the place to be for film and TV [productions].  It’s no surprise that New Mexico cities continue to top the list of the best places to be a filmmaker — New Mexico is the place to be for film and TV. … Our work to support and expand New Mexico’s film infrastructure continues to yield real results: a booming industry that provides countless jobs and economic opportunity in communities across the state. Filmmakers take note — New Mexico wants you!”

Economic Development Department Secretary Alicia J. Keyes had this to say:

“New Mexico is now front and center for film and television production and that means jobs, private sector investment, job training, and economic growth for communities and small businesses across the entire state. ”

According to the State’s Economic Development Department, the most recent data also shows a record 22% increase of the number of industry worker hours in New Mexico from Fiscal Year 21 and a new high of 109 for total productions filmed in the state consisting of 55 film productions and 54 television productions.

For the last decade, Albuquerque and Santa Fe have been named by MovieMaker as top cities for film professionals to live and work. Albuquerque has held the No. 1 ranking for big cities for 4 consecutive years while Santa Fe has been in the top 5 for small cities and towns during the last decade.

FILM INCENTIVE CREDITS

In was in 2019 that Governor Lujan Grisham signed into law legislation that funded and  gave tax incentives to companies to collaborate with the state through partnership agreements.  The 2019 legislation raised  the 2011 cap on what the state could pay out to film and TV productions from $50 million to $110 million per year.  It also authorizing the spending of up to $225 million to pay down an accumulated backlog in film incentives.

The 2   biggest partnerships with a 10-year plan are with Netflix and NBC Universal. Both companies are required to work with the state to develop and strengthen workforce development and job training in order to get the film tax credits.

NETFLEX, NBCUNIVERSAL AND 828 PRODUCTIONS

Since the enactment of the film tax credits, Netflex and NBCUniversal have announce major projects and investment in the state.  Netflix announced a 300-acre expansion in the state with a commitment to spend another $1 billion over 10 years, doubling the company’s original commitment to the state.

NBCUniversal also opened a production facility in Albuquerque with a commitment to $500 million in direct production spending over the next 10 years and 330 full-time-equivalent jobs.

Bottom of Form

According to the New Mexico Department of Tax and Revenue, of the $100 million cap, the state has paid out $47.1 million.

828 PRODUCTIONS

On August 13, Governor Michelle Lujan Grisham announced that California-based 828 Productions is relocating  its headquarters to Las Cruces joining Netflix and NBCUniversal as film partners within the state.  828 Productions plans to invest $75 million to build a 300,000-square-foot studio and 20-acre back lot over the next six years, creating at least 100 high-paying jobs in Las Cruces.  828 Productions has purchased a 7,500-square-foot office building in downtown Las Cruces.  It will be used for training, post-production and visual effects work. It is also hiring for key positions.

828 Productions is a full-service film finance and production company.  Bottom of Form

828 Productions has finalized negotiations on an additional 35 acres of land in downtown Las Cruces, with existing structures that will provide soundstage and set construction space. The film company intends to shoot its first production in the new Las Cruces Studio before the end of 2022 and plans to spend $350 million on productions over the next decade.

The state will be giving $3 million to 828 Productions from the Local Economic Development Act (LEDA) job creation fund when the company meets its job target of at least 100 full-time year-round employees.  Las Cruces for its part is considering allocating $897,000 in local LEDA funding through capital appropriations.   Up to $2.8 million has been set aside by Las Cruces City Council specifically for cinematic infrastructure.  The funding is contingent upon the City Council approving and finalization of a project participation agreement. If approved, the city of Las Cruces would be the fiscal agent for the economic assistance.  Las Cruces has had a major bump in productions due to the rural uplift credit.

From July 2021 through May 2022, the area had 23 projects with a total of $7.9 million that went back into the local economy. In the previous fiscal year, there were nine productions. The number of productions matches the number of fiscal year 2019 for the Las Cruces area.

Governor Lujan Grisham had this to say about 828 Productions moving to New Mexico:

“New Mexico is seeing a record number of productions from the film and television industry and all-time high spending, and it’s no accident. …  Not only are we investing in studios like 828 Productions, we are expanding industry workforce training with a new film school in Albuquerque and Las Cruces.”

 Economic Development Department secretary Alicia J. Keyes had this to say:

“828 Studios chose Las Cruces because of Gov. Lujan Grisham’s commitment to film and television job growth. … This is an industry that is highly mobile and can locate anywhere. They are coming to Las Cruces to create jobs here because we have put in place forward-thinking investments that are helping this industry thrive.”

State senator and Film Las Cruces co-founder and president Jeff Steinborn, had this to say:

“We’re thrilled to have 828 Productions making this investment in our community to create a full-service film production studio and backlot. … 828 Studios will help elevate Las Cruces as one of the top film production hotspots in New Mexico and the United States, and showcase our excellent film incentives, diverse locations, talented crew, and rich Southwestern culture.”

Todd Lundbohm, founder and CEO of 828 Productions, had this to say about his company’s move to Las Cruces:

“We were looking for a home for 828 Studios and fell in love with Las Cruces. … This is a town on the rise, with a wealth of opportunity just waiting to be tapped into. At 828, we’re passionate about story and film as an art form, but we’re equally passionate about creating a studio environment that inspires positivity behind the scenes as well. For us, it’s about putting down roots, and New Mexico, specifically Las Cruces, gives us the ideal place to do that.”

The link to quoted news source material is here

https://www.abqjournal.com/2525116/third-new-mexico-film-partner-to-be-based-in-las-cruces.html

RURAL UPLIFT CREDIT

In 2019, the state enacted the “rural uplift” credit.  The rural uplift credit gives a production a 5% incentive to film at least 60 miles outside of the Bernalillo and Santa Fe County corridor.  The result of the credit has been dramatic.

Rural communities in the state saw a 660% increase in direct spending from the industry, up from $6.5 million in fiscal year 2021 to nearly $50 million in fiscal year 2022.

The rural uplift credit enacted by the legislature in 2019 gives a production company  a 5% incentive to film at least 60 miles outside of the Bernalillo and Santa Fe County corridor. The state’s tax incentives include a 25% to 35% production tax credit for film, TV, commercials, documentaries, music videos, video games, animation, post-production and more.

Las Cruces especially saw a major bump in productions due to the rural uplift credit. From July 2021 through May 2022, the Las Cruces area had 23 production projects in the Las Cruces area that resulted in a direct spend of $7.9 million into the local economy. In the previous fiscal year, there were 9 productions.

Jonathon Sepp, the film liaison with Film Las Cruces, had this to say:

“The additional 5% bump from the rural uplift credit has been an integral component to attracting productions to the Las Cruces area and has become a staple in our marketing efforts. … With the success of the rural uplift, Film Las Cruces has been able to attract more productions to our region than ever before.”

Amber Dodson, New Mexico Film Office director, said with the number of successful shows and films, the state has established itself as being film friendly and a place for skilled crews.  Dodson had this to say:

“The Film Office continues to tout New Mexico, not only as a diverse and forward-thinking state, but a place where memorable, award-winning productions can call home over many seasons”

Links to related and quoted news source material are  here:

https://www.abqjournal.com/2516159/nm-film-industry-sets-record.html

https://www.abqjournal.com/2464269/abq-named-no-1-for-moviemakers-for-fourth-year-in-a-row.html

20 YEARS OF FILM AND TELEVISION INDUSTRY GROWTH

Over the last 20 years, the film and television industry has steadily grown and been one of the few bright spots for the state, especially during the great recession, when it comes to economic development and diversifying the state’s economy which is very dependent on federal spending.

The New Mexico Film Office reports that in in 2003 the industry had direct spending in New Mexico was $7 million. In fiscal year 2019, direct spending reached a record high of $525.5 million. According to state estimates, Netflix will generate an estimated $344 million in taxes to the state, local school districts, and other local governments.

It was in 2019 that the film industry began to seriously emerge to be one of the biggest hopes for Albuquerque and New Mexico to diversify both the city and states economies. The unmistakable evidence was the immense investment in the city and state by NBC Universal and the Netflix purchase of Albuquerque studios as the site of a new production hub. Both announced NBC and Netflix announced opening film production facilities in Albuquerque.

It was on June 24, the Lujan Grisham Administration announced that the New Mexico film industry has brought in $623 million in what is known as a “direct spend” with one week left to go in the fiscal year. The film industry broke the record of $525.5 million set in fiscal year 2019. In fiscal year 2020, the film industry had a direct spend of $386.8 million despite the closure of the state during the pandemic. NBCUniversal has been able to kept production going during the pandemic.

According to the New Mexico Film Office, there have been 28 productions announced by the film office during the 2020-2021 fiscal year. The number of New Mexico crew hired for the 28 productions is 3,302 with 986 New Mexico actors within those productions. The biggest impact is with background actors, which is 7,963 New Mexicans hired.

Contributing to the record-breaking year, there are film production public-private partnerships with NBCUniversal and Netflix. Both have signed a 10-year commitment to bring film and TV projects to the state.

The link to  quoted news source is here:

https://www.abqjournal.com/2403189/nm-film-industry-breaks-record-with-623m-in-direct-spend.html

RECREATIONAL CANNIBUS INDUSTRY

On March 31, 2021 in a special session of the New Mexico legislature, the state became the 18 state to legalize recreational cannabis.  New rules and regulations governing licensing, production and sales of recreational marijuana how now been fully implemented.  Commercial sales are to begin on April 1.   The new industry will bring  new tax dollars, new commercial activity and law enforcement challenges to traditionally conservative eastern New Mexico, which is sometimes referred to as “Little Texas.”

Under the new law, there is a 12% statewide excise tax, with the state’s gross receipts tax rate, which varies by city and county which, is  levied on top of the state and local taxes.  Any adults age 21 and older with valid photo identification can buy recreational cannabis.  The new law and regulations allows some licensed dispensaries to have established cannabis consumption areas. And there are no limits on home consumption , but using cannabis is not allowed in public places.  The state law prohibits commercial consumers from possessing more than 2 ounces of cannabis, or 16 grams of cannabis extract, outside of their place of residence. There are no limits on how much cannabis can be kept inside one’s home out of public view.

Under New Mexico’s new law, New Mexico cities and counties cannot opt out, or bar cannabis dispensaries from opening in their jurisdictions.  Local governments are also prohibited from making it illegal to transport cannabis products on public roadways, provided the individuals in possession are not under the influence and are also complying with other aspects of the law. Cities and counties do have the authority to set rules governing the location, density limits and hours of operation for marijuana retailers.  Many cities and counties, including Alburquerque and Bernalillo County have adopted ordinances establishing their own local rules.

Duke Rodriguez, CEO and president of Ultra Health Inc., the state’s largest medical cannabis producer, said at upward % of New Mexico’s legal cannabis sales could end up being made by Texans crossing state lines to participate in the state’s newest industry.  Much of the benefits of recreational marijuana sales will come from Texas, which unlike Arizona and Colorado has not legalized recreational cannabis, and has large population centers like Amarillo, Lubbock and El Passo within easy driving distance to New Mexico towns and cities such as Clayton, Clovis, Texico, Hobbs and Las Cruces.  Small communities such AS San Jon, a small town in Quay County that is  less than 20 miles from the Texas border will likely see huge profits.

A report conducted last year by Massachusetts-based Cannabis Public Policy Consulting projected New Mexico’s fledgling cannabis market to hit $782 million in legal sales by 2026, a figure that includes tourist and cross-border purchases. The report also estimated that New Mexico’s regulated cannabis industry will supply 20% of the marijuana products purchased within a 200-mile zone from the state’s boundaries.

As a result, the recreational cannabis industry offers significant promise from both an economic standpoint and the potential for marijuana processing and manufacturing facilities in any New Mexico community.   Then there are the challenges it will bring like enforcing laws against impaired driving.

HEALTHY SALES REPORTED

According to the state’s Cannabis Control Division The state’s cannabis industry in August brought in $24.2 million in adult-use sales, a new record high, surpassing July’s adult-use sales of $23.5 million.

Overall sales numbers, which includes medical cannabis transactions, stood at nearly $40.7 million in August, according to the data. That number is up from July’s overall sales of $40.3 million, which at the time was also a record high.

Albuquerque did nearly $8 million in adult-use sales and $6.6 million in medical sales, according to the data. That number is up on the adult-use side from July, but down on the medical side by more than $250,000. And Albuquerque hasn’t done more than $8 million in adult-use sales since April.

Santa Fe brought in $1.9 million in recreational sales, slightly more than in July. And they also did about the same in medical sales — $1.6 million — as in July, according to the data.

Rio Rancho sold more medical cannabis than recreational, bringing in $805,783 on that end and $749,385 in adult-use sales, according to CCD.

Las Cruces took in $1.8 million in recreational sales and nearly $1.5 million in medical sales. Sunland Park did more than $1.3 million in adult-use sales and Hobbs did nearly $1.3 million in sales, according to the data.

Carlsbad did $794,310 in adult-use sales and about $370,620 in medical sales. Clovis brought in $674,106 in recreational sales. Anthony saw $442,017 in adult-use sales, according to the data.

“New Mexico cannabis retailers sold $23.5 million in recreational cannabis in July. That’s more than the state’s retailers have ever sold in a month. That puts July’s cannabis sales as the new record for most revenue generated in a month. Previously, April of 2022 had the most sales. That month — the first month of legal sales — retailers sold just over $22 million worth of cannabis. Now, summer sales passed that previous record. Albuquerque-based retailers sold more than $7.6 million worth of recreational cannabis in July. Santa Fe retailers sold over $1.8 million worth.”

Overall, border towns, including Texico, Roswell, Portales and Clayton, made up more than a 30% of overall recreational sales, according to the data. Salgado said Pecos Valley opened a second location in Hobbs last month and that they expect to open their Artesia location in the next couple weeks.

Links to other quoted news source materials are here:

https://www.abqjournal.com/2530421/recreational-cannabis-sales-reach-new-high-in-august.html

New Mexico retailers set a cannabis sales record in July (krqe.com)

https://www.krqe.com/news/marijuana/new-mexico-cannabis-sales-total-more-than-3-5-million-in-first-weekend/

https://www.koat.com/article/cannabis-sales-in-new-mexico-are-flying-high/39613891

https://www.kob.com/albuquerque-news/adult-use-cannabis-sales-kick-off-in-new-mexico/6434891/?cat=500

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

https://www.abqjournal.com/2495659/new-mexico-tops-22m-in-recreational-cannabis-sales-in-april.html

https://www.abqjournal.com/2485020/recreational-cannabis-sales-near-2-million.html

https://www.abqjournal.com/2487123/nm-cannabis-sales-hit-nearly-10m-in-a-week.html

https://www.abqjournal.com/2483131/new-cannabis-frontier-could-bring-growth-to-eastern-nm.html

 A BUDDING AGRICULTURAL CROP  TO RIVAL ALFALFA

It was in 2017 that the New Mexico Legislature enacted the legalization and cultivation on hemp in the state.  Republican Governor “She Who Shall Not Be Named” vetoed the bill. The veto was overturned on procedural grounds in spring 2018. In 2019 New Mexico authorities finalized hemp rules in time for farmers to produce the state’s first legal harvest in 2019. The Corona Virus pandemic then hit New Mexico with a vengeance and the industry was placed on hold.

https://www.nmda.nmsu.edu/hemp-program/

https://hempindustrydaily.com/new-mexico-hemp-rules/

As the state and nation show signs of rebounding from the CORONA virus-induced economic slump, the hemp industry in New Mexico is poised to make a major stride in growth and development.

Hemp belongs to the same plant species as marijuana but is legally defined as having less than 0.3 percent THC. That’s a trace amount compared to cannabis, whose THC content can be more than 15 percent. The prime active ingredient in hemp is cannabidiol, or CBD, which comes from the plant’s leaves and flowers and is thought to have medicinal properties.

CBD is increasingly used in health and beauty products. Other parts of the plant have various uses. Hemp seeds, which contain no CBD, can be eaten raw or ground up for protein powder and dairy substitutes. Oil extracted from these seeds is used in skin care products. Fiber separated from the stalks can be used for clothing, bags, rope, beauty products, building materials, paper and bioplastics. The woody inner stalks, known as hurds, can be formed into building materials, mulch and animal bedding.

Agriculture is deeply rooted in New Mexico and in the top 10 of its industries. New Mexico is home to 23,800 farms and 43.9 million acres of farmland. The states top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn. New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.

https://www.farmflavor.com/new-mexico/new-mexicos-top-agriculture-commodities/

Hemp as an agricultural cash crop has the potential to immediately rival alfalfa as a cash crop in New Mexico. Hemp is a good crop for a desert state like New Mexico because it consumes up to 75 % less water than alfalfa and corn. … Statewide, 31 growers have licenses for indoor operations, totaling 9.74 million square feet, and four growers have licenses for outdoor cultivation, totaling 37.7 acres, according to the state Department of Agriculture.

Jill Browning, chairwoman of the New Mexico Hemp Association, has said the hemp industry will flourish on its own when the fiber is used more in clothing, construction materials and to replace plastics.

https://www.santafenewmexican.com/news/business/hemp-a-budding-industry-in-new-mexico/article_12ecd6c0-752a-11eb-8cba-370b8ee8264f.html

AEROSPACE

State and city officials have been encouraged between the Spaceport and companies like Virgin Galactic moving forward with test flights. State officials say there’s even more companies on the way.

On Thursday, November 12, 2020, the City of Albuquerque Environmental Planning Commission approved the new site plan for the “Orion Center.”  During the November 12th press conference announcing the development, Albuquerque Economic Development Director Synthia Jaramillo said the Orion Project represented a real opportunity to attract development from the commercial space industry. According to Jaramillo:

“The global space economy is projected to be worth $3 trillion by 2045.”

 Jaramillo cited Albuquerque’s “engineering-savvy” workforce, low property tax rates, which are some of the lowest in the country, and tax deductions that target the aviation and aerospace industries. In addition, the city boasts “large swaths of vacant land, unrestricted air space and low population density.”

https://www.koat.com/article/aerospace-center-one-step-closer-to-being-built-in-albuquerque/34662638

https://www.abqjournal.com/1517515/aerospace-firm-targets-abq-for-new-campus.html

On December 29, the Albuquerque Journal editorialize that New Mexico should make space industry its “economy moonshot.” The editorial said in part:

“The nation has entered a new phase of space-related opportunity.  The Space Foundation estimates the global space economy expanded by 55% over the past decade, reaching $447 billion in 2020. It’s expected to grow to between $1 trillion and $3 trillion over the next 20-30 years.

The U.S. and world economies are already fundamentally dependent on space technology and operations to maintain basic societal functions.  By synchronizing and linking up power grids and communication networks, space technology supplies data to enable city planning, agriculture, public health, transportation and more. The next phase of developing space assets could produce new wonders: harnessing solar energy and beaming photovoltaic energy to Earth or low-gravity manufacturing of biotechnology products.

New Mexico has a leg up to tap the immense economic potential of space. Space-related endeavors at Kirtland Air Force Base in Albuquerque, at White Sands Missile Range in southern New Mexico and the state’s national laboratories have attracted an impressive array of companies to provide support services to experienced federal entities. The future of the emerging global space industry hinges on such public-private partnerships, according to the third annual “State of the Space Industrial Base” report issued in November. It was co-authored by Col. Eric Felt, head of the Air Force Research Laboratory’s Space Vehicles Directorate at KAFB.

New Mexico has played a key role in preparing and disseminating the reports. New Space NM, an industry alliance, has hosted two conferences to collect participant input in the past two reports and is now helping to monitor progress on adopting a “whole of government” approach for space industrial development.

And, with regard to public-private partnerships, New Mexico appears ahead of the curve in business development. The Dec. 20 “Building the space industry ecosystem” in the Journal’s Business Outlook enumerates the myriad incubators, accelerators and tech hubs in place to build up New Mexico’s fast-growing commercial space sector.

This all plays to the state’s strengths. New Mexico has a history and synergy of military bases, national labs, research universities and private aerospace enterprises — plus a one-of-a-kind spaceport and the only ground-to-infinity protected airspace outside of the White House.”

https://www.abqjournal.com/2457265/nm-should-make.html

SUSTAINABLE ENERGY

On March 10, 2022 Gov. Michelle Lujan Grisham announced that Universal Hydrogen has chosen a 50-acre parcel of property northeast of the passenger terminal at the Albuquerque International Sunport to build a manufacturing and distribution center in New Mexico with a goal of hiring hundreds of employees in Albuquerque.   The location includes access to a runway and the potential future reclamation of a rail spur south of the Sunport.

Universal Hydrogen is a manufacturer  and distributor of hydrogen storage modules, assembles airplane retrofit kits and performs aftermarket maintenance services, and manage administrative activities.  Universal Hydrogen is a company with a mission to enable carbon-free fuel and reduce the climate impact of air travel.

New Mexico will be at the heart of the company’s mission to decarbonize hard-to-abate greenhouse gas emissions in aviation, ground transportation, and heavy industry to help the United States meet the Paris Agreement goals. The company also has facilities in California, Washington State, and Toulouse, France.

Universal Hydrogen will spend one to two years on the planning and construction of its New Mexico facilities, with a goal of commencing full-scale manufacturing by 2024. It anticipates investing over $254 million into New Mexico and aims to hire 500 employees over the next seven years. These jobs will include highly skilled engineers and composite technicians with attractive salaries and benefits.

The State of New Mexico is pledging $10 million from the Local Economic Development Act (LEDA) job-creation fund. The City of Albuquerque will serve as the fiscal agent and is  considering providing additional funding from its local economic development fund. The construction project alone is expected to generate over 1,200 jobs, and the manufacturing and distribution center is expected to have an economic impact of over $700 million over the next 10 years.

The economic assistance is pending support from the Albuquerque City Council and will be paid out as Universal Hydrogen reaches economic development benchmarks as agreed to in a pending Project Participation Agreement. Universal Hydrogen is also pursuing federal programs to help scale its manufacturing and production capabilities.

https://www.abq.org/2022/03/10/universal-hydrogen-picks-new-mexico-for-major-manufacturing-hub/

Gov. Lujan Grisham had this to say:

“This project puts New Mexico and Universal Hydrogen at the center of the global effort to decarbonize transportation and aviation in particular … Hydrogen, solar, wind, and alternative energy are job-rich industries and New Mexico’s partnerships with these companies are part of a forward-thinking model to create a robust and diversified economy, while being a part of the solution when it comes to a changing climate.”

Economic Development Cabinet Secretary Alicia J. Keyes had this to say:

“With two federal Department of Energy research labs and a skilled workforce, the future for new, innovative energy technology is here in New Mexico.”

https://www.abq.org/2022/03/10/universal-hydrogen-picks-new-mexico-for-major-manufacturing-hub/

INTELLIGENT MANUFACTURING

There is a major effort to bring high paying technology-based jobs to communities all across the state. New Mexico is making real progress in the area. A recent analysis by the Milken Institute found New Mexico alongside New Jersey saw the largest gains in science and technology workforce over the past 2 years.

On May 3, 2021, Intel Corporation announced it will be investing $3.5 billion to equip its New Mexico operations for the manufacturing of advanced semiconductor packaging technologies, including Foveros, Intel’s breakthrough 3D packaging technology. The multiyear investment is expected to create at least 700 high-tech jobs and 1,000 construction jobs and support an additional 3,500 jobs in the state. Planning activities began immediately, with construction expected to start in late 2021.

https://www.intel.com/content/www/us/en/newsroom/news/new-mexico-manufacturing.html#gs.0yh3ny

GLOBAL TRADE

State officials are tapping into the international border with Mexico as a major economic opportunity. In recent months, the state announced major partnerships with at least three Taiwanese companies to set up shop in Santa Teresa, New Mexico. That includes Xxentria, which is a leading manufacturer of metal composites.  Secretary Keyes had this to say:

“A lot of their heavy industry and manufacturing is going to be in Chihuahua and then we do the assembly in New Mexico, and also the headquarters. … And we’ve just hired a consultant for New Mexico that will be based in Taipei to help us with courting those Taiwanese companies and those Asian companies that potentially want to be on the border here.”

https://www.kob.com/albuquerque-news/working-4-the-future-diversifying-new-mexicorsquos-economy/5956987/?cat=500

BIO-SCIENCES

In the biosciences sector, more than a hundred new high-paying jobs are expected in Rio Rancho. The company Nature’s Toolbox specializes in bio-manufacturing to speed up the development of vaccines and pharmaceuticals. The average salary is $74,000.

NEW MEXICO NEEDS INFRASTRUCTURE

 Stuart Rose is the founder of The BioScience Center, Fat Pipe New Mexico and Go-Station, Inc., a member of New Mexico Angels, and is an investor in multiple local startups including NTx Bio, Electric Playhouse, Wildlife Protection Management, Allerpops and mPowerTechnology and serves as a Board Member of New Mexico Community Capital and a Venture Partner of Tramway Ventures. 

On March 9, the Albuquerque Journal published the following guest column written by Rose on the need for infrastructure as part of diversifying New Mexico’s economy:

“For years, New Mexico has been talking about trying to make our state’s economy less dependent on the oil and gas industry.

While there has been some progress, not much with real impact has materialized yet. Likely that’s because it’s not easy to do and, in fact, it’s not even clear what to do.

We’ve heard lots of talk from government officials about where we should focus — the biosciences, aerospace, film and TV, intelligent manufacturing, outdoor recreation, sustainable and green energy, sustainable and value-added agriculture, cybersecurity and global trade.

These are all worthwhile, and in my view, appropriate industries to target. They will create the bulk of the jobs and create the most wealth in the economic future of the world.

It is terrific that our state government has put in place a variety of incentives to reach companies in these key economic areas. But it won’t be enough. The reason is we don’t have an appropriate infrastructure that would allow these companies to develop and grow in New Mexico. We are missing critical pieces including:

— Incentives to developers to build spec buildings so that companies started or grown here or attracted to New Mexico have a place to move into without having a lengthy wait.

Understandably our incentives to date have focused on job creation. But now we’re at a stage where we need to go to the next step, specifically:

— Programs that would provide support to vendors that supply the target industries so that it’s easier for the companies to get what they need.

— Initiatives that would make it easier for companies to attract talent to our state. We know how great it is to live and work in New Mexico, but outsiders see it differently. One example might be an initiative that would help find jobs for trailing spouses, with another being to focus on creating clusters of companies in the same industry so that if someone loses their job in one company, there is another they can move to without having to relocate out of NM.

— Efforts to train younger workers and retrain older workers to be able to work in the targeted industries, and especially apprenticeship programs like those that have been very successful in Germany.

I applaud everyone’s actions and the trajectory New Mexico is taking. But it’s time for elected officials, the angels’ community, business leaders and economic developers to look at the entire picture as we plan New Mexico’s future for not only today but for future generations.”

https://www.abqjournal.com/2480890/jobs-creation-is-great-but-new-mexico-needs-infrastructure.html

COMMENTARY AND ANALYSIS

Election after election, we hear New Mexico politicians running for office at all levels and elected officials from both parties repeatedly point out that we routinely rank high on the bad lists of crime, hunger, poverty, and low on the good lists of income, child well-being, places to retire, quality of education and jobs.

There is an absolute need to concentrate on the identified industries by the state and AED, otherwise, within 20 years, if not sooner, virtually all of New Mexico will be nothing more than a dusty high desert state with more empty space, more ghost towns, beautiful vistas and sunshine and with no one wanting to live a lifetime here but be buried here. The only industries that will be expanding will be “assisted living” homes and funeral homes and cemeteries with New Mexico becoming the graveyard of lost opportunities, hopes and dreams for a better life and livelihood.