A City Hall Dedicated to Democratic Core Values

I was delighted to have been invited to the January 8, 2017 Progressive Summit to share my ideas on what I feel needs to be done to turn our city around.

Over 320 motivated progressive activists attended the event.

We were given only 5 minutes so I wrote a speech.

I broke from my prepared text to elaborate on what needs to be done with the Albuquerque Police Department and how it deals with the mentally ill.

I broke from my prepared remarks in order to speak from the heart regarding a very personal experience relating to my father who was a 100% disabled American Veteran who suffered from mental illness and I ran out of time to make my full presentation.

There is a video you can see of my presentation on my FACEBOOK page.

Following is the complete text of my speech:

My big idea for Albuquerque is a City Hall dedicated to Democratic Core and Progressive Core Values.

A city hall, mayor and city council who oppose any restrictions on women’s right to choose, believes in marriage equality, who fights for equal pay for woman, who will support immigration reform and make Albuquerque an immigrant friendly city again, who supports campaign finance reform and a City that supports increasing the minimum wage.

To me a good start is enactment of the mandatory sick leave initiative on October’s ballot.

We need a City Attorney’s Office that will enforce the mandatory sick leave once it is enacted and enforce the minimum wage and not leave workers to enforce them on their own.

We need a Mayor and Council who support the increasing the minimum wage and willing to go to Santa Fe and lobby for it.

A BIG STEP TOWARDS DEMOCRATIC CORE VALUES IS ALLOWING PEOPLE VOTE ON MAJOR CAPITAL IMPROVEMENT PROJECTS.
The $129 million ART Bus Project destroying Route 66,
the $40 million to build the Innovate Albuquerque building which is nothing more than a University of New Mexico dormitory,
the $20 million to build the entertainment center for a bowling alley
were all crammed down our throats without a public vote.

A BIG IDEA IS A POLICE DEPARTMENT THAT RESPECTS OUR CONSTITUTIONAL AND OUR CIVIL RIGHTS AND A POLICE DEPARTMENT THAT WILL BRING DOWN CRIME RATES.

Albuquerque is a dangerous city:

Violent and property crimes increased last year by 10 to 12 percent.

In the last 7 years, 42 people have been shot and killed by APD.

$50 million in settlements for police misconduct have been paid by the city.

A complete and total reorganization of APD is needed to get more cops on the street.

WE NEED A CITY HALL THAT TRULY SUPPORTS THE DEPARTMENT OF JUSTICE MANDATED REFORMS.

To do that I propose replacing the Chief, Assistant Chief, Deputy Chiefs and the entire upper command staff.

APD has shown it cannot police itself and I propose civilianize internal affairs.

My big idea is “A Community Based Economic Development Plan”.

Albuquerque can turn its economy around with an aggressive and massive investment in ourselves and our neighborhoods.

This has been done by Denver, El Paso, Pittsburgh, Oklahoma City, Columbus, and other cities that have invested billions in their communities.

It can be done by forging a public consensus like was done with the “Quality of Life” legislation and investing in ourselves and our neighborhoods.

The Quality Life legislation built the Children’s Science Museum, Aquarium, Bio-Park, Botanical Gardens, and the Balloon Museum and we acquired critical open space to complete our urban parks system.

We need to go after Albuquerque’s growth industries of healthcare, transportation and manufacturing with a vengeance to diversify our economy.

Special emphasis and support should be given to Albuquerque’s film industry.

Albuquerque’s taxpayers must be convinced by its political and business leaders of the importance of investing in major construction projects and infrastructure.

Albuquerque must take bold and aggressive, calculated risks to attract and create high-paying jobs to keep our youth and talent from leaving.

Improving our schools and vocational school systems, reducing dropout rates, are critical to diversifying Albuquerque’s economy and to provide a trained workforce for new industry and companies that relocate here.

Albuquerque can expand and reprioritize financial incentives for economic development, such as tax increment districts (TIDS), industrial bonds and revenue bonds.

City Hall could promote and help fund an economic development investment programs for initial start up funding with claw back provisions.

We need to develop public-private partnerships in the growth industries wherever possible.

Albuquerque can partner with the State of New Mexico on major facilities that will benefit the entire state.

A good first start is to find a new vision for the State Fair grounds and how that very valuable gem in the center of Albuquerque can be better utilized.

An example would be for the City and State to jointly fund a tear down of Tingly Coliseum and construct a multipurpose, state of the art facility that could be used for entertainment and sports events and operated year round with a joint powers agreement.

Our political and business leaders need to show far more leadership to improving and diversify Albuquerque’s economy.

Otherwise, we are destined to become just another dying, dusty southwest town without any real potential for growth and better economic times.

Disturbing Headlines, Gruesome Murders, What Needs To Be Done

The headlines “City sees highest number of murders in 20 years”, “…gruesome killings were among the 61 reported last year” are very disturbing. (For full story see January 8, 2017 Albuquerque Journal, page A-1, https://www.abqjournal.com/923137/city-sees-highest-number-of-murders-in-20-years.html)

As upsetting were the gruesome murders of children we had, a 20 year high in murders for one year is not the full story. Albuquerque has become one of the most violent cities in the Country. In 2015, murders in Albuquerque spiked by 53%. Since 2010, Albuquerque’s violent and property crime rates dramatically increased by 14% to 20% percent. According to the Federal Bureau of Investigation (FBI), in 2015 Albuquerque’s violent crime rates increased by 9.2% and property crime rates increased by 11.5%.

APD officers have shot over 41 people with close to $50 million paid in police misconduct cases and excessive use of force cases. The number of APD sworn officers has fallen from 1,100 in 2009 to 850 in 2016. Only 430 sworn officers are assigned to field services responding to 69,000 priority one 911 emergency calls a year.

Albuquerque needs 1,200 sworn police officers to effectively return to community based policing that will reduce crime. Yet all we get from a feckless city administration are excuses. Excuses are what you can expect when you appoint a political operative Chief of Police who has no prior experience managing a municipal police department.

APD is severely understaffed and struggling to implement expansive and expensive Department of Justice (DOJ) agreed to and mandated reforms.The Federal Monitor has found that “APD’s system for overseeing and holding officers accountable for the use of force has failed and the serious deficiencies revealed point to a deeply-rooted systemic problem”. The Federal Monitor has also found that the “deficiencies, in part, indicate a culture of low accountability is at work within APD, particularly in chain-of-command reviews.”

More must be done to aggressively implement the DOJ reforms, solve the staffing shortages and address APD’s leadership crisis.

A PROPOSED SOLUTION

The City Council by ordinance can create a Department of Public Safety with an appointed civilian Police Commissioner. The Police Commissioner would be appointed by the Mayor with advice and consent of the City Council. The Chief of Police would be appointed by the Police Commissioner but serve at the pleasure of the Mayor with advice and consent of the City Council. The Police Commissioner would assume direct civilian oversight, management and control of APD.

A national search for a Police Commissioner and Chief of Police needs to be conducted. A Police Commissioner and Chief with extensive and proven leadership in managing a municipal police department must be hired, not political operatives.

The civilian Police Commissioner would assume primary responsibility for implementation of all the DOJ-mandated reforms and only be removed for cause by the Mayor. The Police Commissioner would completely overhaul and restructure APD, appoint new chiefs, commanders, lieutenants, academy director and a 911 manager and each would report directly to the Chief of Police, with the Police Commissioner in the Chain of Command as the Commissioner determines to be necessary and appropriate to carry out his or her duties.

The civilian Police Commissioner would be responsible for preparing budgets, personnel management and enforcement of personnel policies and procedures and imposing personnel disciplinary action. The Chief of Police would be responsible for day-to-day operations of APD, public safety initiatives and management of sworn staff and report directly to the civilian Police Commissioner.

The Public Safety Department would consist of four civilian staffed divisions and managed by the Police Commissioner:
1. Personnel and training, for recruiting, hiring, internal affairs investigations and police academy;
2. Budget and finance;
3. Information technology support and crime lab; and
4. 911 emergency operations center with a civilian manager.

“Deadly use of force” cases would continue to be investigated by the Critical Incident Review Team and the final reports with finding and recommendations submitted to the Police Commissioner.

The APD Internal Affairs Unit would be abolished. The investigation of police misconduct cases including excessive use of force cases not resulting in death or nor serious bodily harm would be done by “civilian” personnel investigators. The function and responsibility for investigating police misconduct cases and violations of personnel policy and procedures by police would be assumed by the Office of Independent Council in conjunction with the City Human Resources Department and the Office of Internal Audit where necessary. The Office of Independent Council would make findings and recommendations to the Police Commissioner for implementation and imposition of disciplinary action.

The city needs to fund and implement a non-negotiated major hourly rate increase of up to 15% to 20% percent for sworn officers, excluding management, to improve recruitment, retention and morale. Sign on bonuses, tuition debt payoff and mortgage down payment bonuses need to be offered to new recruits. Yearly experienced officer retention bonuses must be made permanent.

APD needs to “triple down” on recruitment and dramatically increase the size and number of police academy classes per year.If necessary, the City Council needs to consider another public safety tax submitted to voters for approval to pay for APD’s staffing expansion, pay incentive programs, needed training programs, DOJ-mandated reforms, equipment acquisitions and 911 emergency operations, staffing and equipment.

CONCLUSION

Until aggressive action is taken with APD and the Department of Justice mandated and agreed to reforms, APD will continue to spin out of control, violent crime will continue to rise and Albuquerque will continue to see dramatic spikes in crime.

Blighted Central Motels Seldom Historic To Route 66

It was reported that the Desert Sands Motor Hotel on Central was finally demolish and the property cleared. (For full story see January 6, 2017 Albuquerque Journal, Business Section, “Route 66 remnant reduced to dirt lot”, page B-1)

It is always difficult to see classic Route 66 motels leveled to an empty lot, but it is inevitable when the properties are not maintained, repaired or remodeled over the years or when they are damaged beyond repair.

Classic does not make them historic.

In the case of the Desert Sands Motel, after 3 major fires, it was probably cheaper to tear it down rather than try and repair it because it was structurally unsound.

The Safe City Strike Force was able to work with the Desert Sands property owners to assume the cost of the tear down.

I suspect the final cost of the tear down and debris removal was $100,000 to $150,000 and the damage from the fires exceeded $1 million.

With a little luck, this prime piece of commercial property on Central will be redeveloped.

When it comes to historic Route 66, the Central Avenue motels played an important role in Albuquerque’s history when the automobile was the major source of transportation to travel the country, especially for vacations.

When I was Director of the Safe City Strike Force from 2002 to 2009, we took code enforcement action against 48 of the 150 motels along central and forced compliance with building codes and mandated repairs to the properties to make them habitable.

The Central motels that the Safe City Strike Force took action against include the Gaslight Motel (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Hacienda, Cibola Court, Super 8 (renovated by owner) , the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were way beyond repair, that were not fit for occupancy and that had excessive calls for service to the Albuquerque Police Department.

Many of the older Central motels the Safe City Strike Force took action against were no longer motels where rooms were rented out for short term stays, but were in fact converted to monthly long term rental units, sometimes for entire families.

Of all the motels the Safe City Strike Force took action against, only two were designated as historic: the El Vado Motel and the De Anza Motel, and the city bought both the motels and redevelopment is still pending.

I believe we need to preserve as much as possible all historical aspects of old Route 66, but trying to preserve blighted motels with no true historic significance that have become magnets for crime accomplishes very little.

What, Me Worry?

To quote Mad Magazine’s Alfred E. Newman “What, me worry?”

It has been reported that the city faces a potential $24 million dollar shortfall in gross receipts tax revenue for the 2017-2018 budget.

It is the biggest budget gap since 2011. (For full story see January 5, 2017 Albuquerque Journal “City faces potential $24 million shortfall”)

Mayor Berry says he is not worried, that it is manageable and the shortfall can be addressed without tax increases. Really?

Republican City Councilor Don Harris, the chairman of the Albuquerque City Council budget committee says the city may have to consider a tax increase.

I have no doubt Berry and City Hall are not at all worried about the shortfall.

City Hall and Berry will simply do what they have done in the past.

There will be more severe budget cuts, personnel cuts, cutting of essential services, layoffs and furloughs in order to avoid a tax increase at all costs, even if it affects essential services and public safety.

Berry is probably elated over the shortfall because this once again gives him an opportunity to reduce the size of city government even further, privatize some essential services and veto any tax increases.

Berry and the city council will never worry about a mere $24 million shortfall, not when they have revenue bonds that do not have to be put to a public vote.

Mayor Berry and the Albuquerque City Council have borrowed over $63 million dollars over the past two years to build pet projects like pickle ball courts, baseball fields and the ART bus project down central by bypassing the voters. (For full story see January 2, 2017 Albuquerque Journal “BYPASSING the Voters” page A-1).

Berry and the Albuquerque City Council so far have used $13 million dollars in revenue bonds to pay for the ART Bus project that was not voted upon by the public.

It has been reported that the $69 million dollar smalls starts grant from the Federal Transportation Administration (FTA) has been slashed to $50 million.

Why worry when you can always find the money in Berry’s world of finance.

Tell Governor You Cannot Impose a Penalty Without an Arrest and Conviction

The Governor is seeking tougher DWI penalties, which means we are in store for another “all crime all the time” legislative session. What a joke!

(For full story see January 4, 2017 Albuquerque Journal article “Gov. seeks tougher penalties for DWI”, page A-1)

The Governor is a former District Attorney and she may have forgotten that you need to make an arrest and secure a conviction before you can impose increased sentences on anyone for breaking the law.

Someone needs to tell the Governor existing DWI laws and penalties are not being enforced and imposed at least in Albuquerque.

According to Metro Court records and statistics, DWI felony and misdemeanor arrests, arraignments and convictions are down dramatically.

In 2008, there were 633 felony DWI arraignments and the number steadily declined each year to 104 in 2015.

In 2008, there were 6,538 DWI/DUI misdemeanor arraignments and the number steadily declined each year to 2,942 in 2015.

In 2008, there were 6,538 people arraigned for misdemeanor DWI and in 2015 that number dropped by close to 60% to 2,942.

There is a direct correlation between the dramatic decline in the number of DWI arrests and arraignments and the severe decline in APD personnel.

The December 11, 2015 Albuquerque Police Department Comprehensive Staffing Assessment and Resource Study prepared by Alexander Weiss for the Department of Justice concluded that APD needs at least 1,000 sworn officers.

The Weiss report concluded that 1,000 sworn police officers were sufficient for Albuquerque provided that APD officers did not respond to certain low priority calls such as minor traffic accidents or false alarm calls.

In 2009, APD had 1,100 police officers with approximately 700 assigned to field services, patrolling our streets over three shifts.

In 2009, APD had a traffic unit and a DWI units that had upwards of 40 patrol officers and today it is at less than 10.

In 2009, APD command staff recommended that Albuquerque needed at least 1,200 sworn officers for community based policing and felony prosecutions.

The number of APD sworn officers has fallen from 1,100 officers to 850 over the past seven years.

These are the type of statistics you get when you have the Governor’s former Secretary of Public Safety Gordon Eden as our APD Chief, who is a political operative and who has no prior experience managing a municipal police department.

The silence by the press and anti-DWI advocates is deafening when it comes to reporting that DWI arrests and convictions have dropped dramatically.

“Sneaks We Is” When Funding ART Bus Project and Capital Projects

Many people wonder where is the rest of the money coming from to pay for the $120 million dollar ART Bus project that the $69 million federal grant will not be giving to the city.

We now know the answer and it’s sneaky to say the least.

Berry and the Albuquerque City Council so far have used $13 million dollars in revenue bonds to pay for the ART Bus project that was not voted upon by the public.

It was reported that Mayor Berry and the Albuquerque City Council have borrowed over $63 million dollars over the past two years to build pickle ball courts, baseball fields and the ART bus project down central by bypassing the voters.

(For full story see January 2, 2017 Albuquerque Journal “BYPASSING the Voters” page A-1).

The $65 million dollars was borrowed with the Albuquerque City Councilors voting to use revenue bonds as the financing mechanism to pay for big capital projects.

Revenue bonds are repaid with gross receipts tax revenues.

The Mayor and City Council have become enamored with revenue bonds because they can literally pick and choose what projects they want to fund and build without any public input or vote whatsoever, so long as they have seven votes on the city council.

Normally, multi-million dollar capital projects are funded by using general obligation bonds which require voter approval.

What the Mayor and City Council do not like are the complicated requirements associated with general obligation bonds and the fact that they must be voted upon by the public.

General obligation bonds have major safeguards to protect the public with restrictions in place on how the bond funding must be dedicated and used.

General obligation bonds also include public budget hearings while revenue bonds do not.

General obligation bonds usually have shorter payoff period than revenue bonds.

Using revenue bonds for major capital projects that are repaid with gross receipts tax revenue cuts into revenues that should be used for essential services such as police protection, fire protection and government operations and personnel.

Some argue with a straight face that revenue bonds for government capital projects is like taking out a home mortgage that is paid off oveer 30 years.

Government capital improvement projects do no appreciate in value like a residential home and the projects actually depreciate in value and eventually need to be replaced.

Albuquerque has a general fund operating budget of close to $500 million dollars and the overwhelming majority of that funding comes from gross receipt tax revenues.

When there is a shortfall in gross receipt tax revenues, budget cuts and personnel cuts are usually the solution.

The City Council authorized $18 million dollars in revenue bonds this year for financing a variety of their pet projects and the city will be making annual payments for the next 22 years until 2038 which is beyond the useful life of many of the projects being funded.

At a public forum, city officials disclosed that the ART Bus project has only a 19 year projected use life and that the dedicated bus lanes will have to be removed to allow for increases in traffic.

Mayor Berry makes the outrageous claim that he likes the “agility” that revenue bonds provide and that have enable the city to build “game changing projects”.

Berry feels that a $42 million dollar freeway flyover, a $21 million dollar baseball complex, the ART Bus project that is destroying historic Route 66, a $2 million dollar swimming pool, a $2 million dollar library, a $1.5 million dollar “pickle ball” court and a $1.5 visitors center are “game changing projects”.

Short term construction projects are not game changers.

A game changing project would be a “multi billion dollar” investment that would transform the entire city and its image and that creates tens of thousands of jobs such has been done in Denver, El Paso, and Phoenix and Oklahoma City.

The the voting public need to demand that candidates for Mayor disclose their positions on the use of revenue bonds and if they are in favor of public votes on capital improvement projects.

City Councilors Ken Sanchez and Dan Lewis who are said to be running for Mayor have voted to use revenue bonds for their own pet projects in their city council districts.

City Councilors running for reelection like Diane Gibson an Don Harris have also voted for the ART bus project and for the use of revenue bonds to fund capitol improvement projects.