On May 28, Governor Michell Lujan Grisham revised her public orders signalling a new dawn will break on Monday, June 1. After two months of being closed, restaurants, gyms, salons and malls will be allowed to reopen with restrictions. Guests, clientele, shoppers, customers and business employees will be required to comply with social distancing guidelines aimed at limiting the spread of the corona virus.

In making the announcement, the Governor said that people need to continue to wear cloth masks while out in public in order to help keep employees safe from customers who may be infected without showing symptoms. In making the announcement, the Governor had this to say:

“This is really good news. … New Mexicans have worked really hard to respect and protect each other. … As businesses did their part to protect New Mexicans, we have to do our part to protect businesses. ”
All of the new rules will apply throughout the state.

NEW HEALTH ORDERS ANNOUNCED

Each industry allowed to reopen must comply with specific social distancing and safety procedures.

The new public health orders announced are as follows:

Indoor malls, hair and nail salons, barber shops, tattoo parlors and massage services are allowed to re open but at 25% capacity.
Restaurants can offer indoor seating at 50% capacity. Customers can not be served at a bar or counter-top and all tables must be at least 6 feet apart.
Hotels may operate at 50% capacity
Gyms can open at 50%, though group fitness classes aren’t permitted
Drive-in theaters will be allowed to reopen.
More state parks will open, some with capacity limits.

The 14-day quarantine order for air travels will remain in place for airport arrivals, it will be amended to permit some business travelers to come and go more easily.

While business restrictions are being relaxed, the Governor said people should stay home if they’re sick and not patronize businesses that do not follow social distancing guidelines. She also said she hopes the state can gradually relax more business restrictions even before the end of June.

NEW MEXICO RESIDENTS SUCCESSFUL IN FLATTENING THE CURVE

During her press conference, the Governor announced that just 196 coronavirus patients are hospitalized which is a 7% decline from the day before evidencing that state has flattened the curve. However, the Governor announced that 6 more New Mexicans have died, pushing the death toll to 335 with testing confirming 108 new cases of the virus.

According to Human Services Secretary David Scrase, the State has succeeded in reducing the virus spread rate to 1.09. This means each person who is sick infects, on average, 1.09 other people. The goal is to get the number below 1 and that will mean the virus is dying out and the spread halted. Dr. Scrase had this to say:
“We’re seeing improvements all across the state. … The progress gives us some room to safely reopen.”

Scrase and the Govenor urged people to continue to wear cloth masks when out in public with the Governor saying “The virus is not gone. The virus still lives among us.”

It was announced by Dr. Scarse that the state had confirmed its first case of multisystem inflammatory syndrome in a child believed to be related to COVID-19 virus infection. Scrase described the patient as a very young child who is now “doing fairly well.”

WHAT REMAINS THE SAME

Theaters, casinos, museums, zoos, bowling alleys are still ordered closed. Mass gatherings and large events are still prohibited.

Retailers and houses of worship may operate at 25% maximum occupancy.

Bars remain temporarily closed.

Breweries/wineries can do curbside pickup where permitted by license.

Face coverings must be worn at work and in public settings.

Mass gatherings, congregations and large events are prohibited.

CONCLUSION

According to the Governor, the State will continue to track gating criteria and the progress made in fighting the virus before announcing new openings. Virus transmission data and other key gating criteria will determine the timeline for reopening other businesses and venues.

https://www.koat.com/article/governor-gives-green-light-for-next-phase-of-reopening-on-june-1/32703946

At the end of each calendar year, City Hall releases the top 250 wage earners. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. The City of Albuquerque recently updated the list for the year 2019. A full listing of the names and salaries can be found in the postscript to this blog article. It is followed by the link to the city web page listing the names in salaries starting with the most paid ( $193,666.40) to the least paid ( $107,885.47).

This blog article is a very deep dive review of the city’s “unclassified” and “classified positions” and the pay earned by the top 250 city hall employees. The list is broken down into position categories to better understand the significance of the pay differences. An emphasis is placed on the wages paid to the Albuquerque Police Department (APD) because of the lopsided number of APD personnel in the top 250 paid. The article highlights APD’s excessive overtime, the dangers, how it is affecting the Department of Justice Consent Decree and mandated reforms and what needs to be done about it.

CITY HALL DEPARTMENTS

The City of Albuquerque employs upwards of 6,000 full time city hall employees with 26 separate departments. The 26 Departments at Albuquerque City Hall are:

Animal Welfare
Aviation
City Clerk’s Office
City Council
Civilian Police Oversight
Cultural Services
Economic Development
Emergency Management
Environmental Health
Family and Community Services Department
Finance and Administration
Fire and Rescue
Human Resources Department
Inspector General
Internal Audit
Legal Department
Management and Budget Office
Mayor’s Office
Municipal Development Department
Parks’ and Recreation Department
Planning Department
Police Department
Senior Affairs Department
Solid Waste Department
Technology and Innovation Department
Transit Department

UNCLASSIFIED AND CLASSIFIED CITY HALL POSITIONS

Roughly 4,500 City Hall employees are considered “classified employees” who are covered by the city’s personnel rules and regulations. Classified employees have vested rights including retirement benefits, sick leave and annual leave benefits and can only be terminated for cause. Disciplinary actions such as suspensions, demotions and terminations can be appealed by classified employees to the City Personnel Board.

There are 223 full time “unclassified” positions at City Hall, who are “at-will” employees who can be terminated “without cause” and who work at the pleasure of the Mayor or the City Council. “Unclassified employees” or exempt employees do not have the same vested rights classified employees have. They have no appeal rights to the City Personnel Board for disciplinary action so when they are fired, they are in fact terminated with little or no recourse.

All City Hall Department Directors are “unclassified employees” and serve at the pleasure of the Mayor and can be terminated without cause. City Department Directors as at will employees are paid yearly salaries but their salaries are broken down in hourly rates for payroll purposes. The 27 Department Directors are not paid time and a half when they work in excess of a 40-hour work week.

APD Commanders up to the Deputy Chiefs and the Chief Police are “at will” employees who serve at the pleasure of the Mayor or the Chief of Police. APD Lieutenants, Sergeants and Patrol officers are “classified employees” and are part of the police union and can be terminated only for cause. Albuquerque Fire and Rescue (AFR) Deputy Chiefs and the Fire Chief are “at will” employees. Further, all 311 call center employees are “at will” employees.

The City of Albuquerque pays an average of $17.61 an hour to City Hall employees or $36,628.80 a year depending on the positions held and required education level and training levels. (40-hour work week X 52 weeks in a year = 2,080 hours worked in a year X $17.61 paid hourly = $36,628.80) Roughly 4,500 City Hall employees are considered “classified employees” who are covered by the city’s personnel rules and regulations and can only be disciplines or terminated with cause.

At the end of each calendar year, City Hall releases the top 250 wage earners at city hall. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. The City of Albuquerque has recently updated the list of the 250 top wage earners at City Hall. You can review the entire listing of all 25O wage earners for 2019 by going going to the web page link at the end of the postscript. See also:

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

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

ELECTED ALBUQUERQUE CITY OFFICIALS

The Mayor’s salary and the Albuquerque City Councilor salaries are determined by the Citizen’s Independent Salary Commission.

The Mayor is the only name that appears on the list of 250 top paid city hall employees. The Mayor is paid $125,000 a year.

Eight Albuquerque City Councilors are paid $30,000 annually and the City Council President is paid $32,000 annually.

There are 3 City Council staff that are in the top 250 paid city hall employees and they are:

Director of City Council Services Stephanie Yara: $151,467.48
City Council Services Policy Analyst Christopher Melendrez: $128,684.80

https://www.petedinelli.com/2019/02/04/100000-or-more-paid-to-all-250-top-abq-city-hall-employees/

TOP 20 PAID CITY HALL EMPLOYEES

Following are the names, titles and earned pay of the 20 top paid city hall employees for 2019:

1. Hernandez, Michael F, Police Sergeant 193,666.40
2. Johnson, Brian A, Senior Police Officer 1C, 188,884.04
3. Nair, Sarita Chief Administrative Officer 186,747.20
4. Geier, Michael Chief of Police 183,378.60
5. Rael, Lawrence Chief Operations Officer 181,953.60
6. Pholphiboun, Phetamphone B Police Sergeant 166,813.86
7. Drobik, Simon Master Police Officer 1C 166,484.67
8. Languit, Luke C Police Lieutenant 164,722.80
9. Ortiz, Christopher G Fire Para Battalion Chief – 40 HR 163,905.80
10 Rosenbaum, Nils Police Director of Behavioral Sciences 163,800.01
11. Lopez, Daniel J Police Sergeant 154,969.57
12. Yara, Stephanie M Director of Council Services 151,467.48
13. Pearson, Nicholas R Master Police Officer 1C149,157.79
14. Martinez, Dominic P Police Sergeant 149,152.48
15. Kim, Chad S Fire Battalion Chief – 56 HR 148,740.00
16. Dow, Paul Fire Chief – 40 HR 148,128.08
17. McCarson, Timothy W Senior Police Officer 1C 147,207.30
18. Do,Si N Fire Para Driver – 56 HR 145,018.19
19. Aguilar Jr,Esteban A City Attorney 144,386.41
20. Tapia,Jacob A Fire Para Lieutenant – 40 HR 144,292.81

NUTSHELL BREAKDOWN OF TOP 250 PAID CITY HALL EMPLOYEES

In 2018, the breakdown of the 250 top paid city hall employees revealed that all were paid between $100,000 to $192,937.23. In 2018, there were 140 Police Officers and 55 Fire and Rescue Officers for a total of 195 out of 250.

In 2019, the breakdown of the 250 top paid city hall employees showed they were paid between $107,885 to $193,666.23. There was an even bigger disproportionate number of APD officers and Firefighters in 2019 over 2018. In 2019 there were 160 sworn APD police officers and 49 AFRD personnel for a total of 209 public safety employees. The remaining 41 includes 24 Department Directors and 17 other unclassified and classified positions.

The lopsided numbers in APD can be attributed to overtime paid to the employees. The earning figures do not include take home vehicles, reimbursements, such as mileage and tuition, and vacation and sick leave accumulated amounts which are all taxable income once paid.

Following is a short summary of the 5 highest paid employees in each major category in the list of 250 with earned pay for 2019:

MAYOR’S OFFICE:

Top executives are the Mayor, the Chief Administrative Officer, the Chief Operations Officer, the Chief Financial Officer and the Chief Investment Officer. The Mayor’s salary is set by the Citizen’s Independent Salary Commission while the 4 other salaries are set by the Mayor. Following are the salaries paid all 5 in 2019:

1. Nair, Sarita Chief Admin Officer 186,747.20
2. Rael, Lawrence Chief Operations Officer 181,953.60
3. Bhakta, Sanjay Chief Financial Officer 143,008.80
4. Keller, Timothy M Mayor 125,008.00
5. Daniel, Christopher Chief Investment Officer 124,694.40

DEPARTMENT DIRECTORS AND DEPUTIES:

There were 30 department directors and deputies in the list of 250 top paid employees in 2019 earning pay ranging from $108,632 to $144,386. The normal starting salary for a Department Director is around $116,000. The highest 5 paid Department Directors for 2019 were:

1. Aguilar Jr, Esteban, City Attorney 144,386.41
2. Nevarez, Danny S, Animal Welfare Director 139,886.00
3. Osterloh, Brian A, Technology and Innovation Director 133,923.20
4. Harness, Edward W., Civilian Police Oversight Dept. Director 132,214.00
5. Simon, David J, Parks and Recreation Director 129,156.00

APD CHIEF’S OFFICE:

In the APD Chief’s Office, there were 10 major employees in the list of 250 top paid employees in 2019 earning pay ranging from $109,017 to $183,378. The highest 5 paid employees in the Chief’s Office for 2019 were:

1. Geier, Michael Chief of Police 183,378.60
2. Gonzalez, Arturo E Deputy Chief 140,498.63
3. Garcia, Eric J Deputy Chief 140,144.28
4. Medina, Harold Deputy Chief 136,040.20
5. Griego, Jon J Deputy Chief 134,522.59

APD COMMANDERS:

There were 16 APD Commanders in the list of 250 top paid employees in 2019 earning pay ranging from $108,181 to $129,230. The 5 highest paid APD Commanders for 2019 were:

1. Rivera, Donovan J Commander 129,230.57
2. Espinosa, Timothy R Commander 125,755.19
3. Garcia, Mizel Commander 124,594.94
4. Lowe, Cori M Commander 124,053.18
5. George, Christopher N Commander 123,592.45

APD LIEUTENANTS:

There were 32 APD Lieutenants in the list of 250 top paid employees in 2019 earning pay ranging from $108,031 to $164,722. Hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200 yearly. The 5 highest paid APD Lieutenants for 2019 were:

1. Languit, Luke C Lieutenant 164,722.80
2. Patterson, Christopher Lieutenant 138,606.30
3. Jones, Aaron M. PD-Police Lieutenant 136,824.53
4. Bell Garcia, Jennifer L Lieutenant 134,492.33
5. Bassett, Jeremy D Lieutenant 132,599.17

APD Sergeants:

There were 32 APD Sergeants in the list of 250 top paid employees in 2019 earning pay ranging from $109,292 to $193,666. Hourly pay rate for APD Sergeants is $35 an hour, or $72,800 a year. The 5 highest paid Sergeants in 2019 were:

1. Hernandez, Michael F Police Sergeant 193,666.40
2. Pholphiboun, Phetamphone B Police Sergeant 166,813.86
3. Lopez, Daniel J Sergeant 154,969.57
4. Martinez, Dominic P Sergeant 149,152.48
5. Hunt, Justin R Sergeant 140,961.94

APD Patrol Officers:

There were 70 APD patrol officers in the list of 250 top paid employees in 2019 earning pay ranging from $108,167 to $188,844. Hourly pay rate for Patrol Officers is $29.00 an hour to $31.50 an hour depending upon years of experience. The 5 highest paid Patrol Officers in 2019 were:

1. Johnson, Brian, Senior Police Officer 1C 188,884.04
2. Drobik, Simon Master Police Officer 1C 166,484.67
3. Pearson, Nicholas R Master Police Officer 1C 149,157.79
4. McCarson, Timothy W Senior Police Officer 1C 147,207.30
5. Hollier, Jeremy B Senior Police Officer 1C 143,229.86

ALBQ FIRE AND RESCUE (AFRD) CHIEF’S OFFICE:

There were 7 employees in the Alb Fire and Rescue Chief’s office in list of 250 top paid employees in 2019 earning pay ranging from $126,474 to $148,128 for the year 2019 as follows:

1. Dow, Paul Fire Chief – 40 HR 148,128.08
2. Mowery, David E Deputy Fire Chief – 40 HR 130,892.98
3. Frazier, Sean R Deputy Fire Chief – 40 HR 128,686.88
4. Elks, Sean T Deputy Fire Chief – 40 HR 126,476.88
5. Eakes, Adam C Deputy Fire Chief – 40 HR 128,605.41
6. Gallegos, Gene Deputy Fire Chief – 40 HR 129,630.71
7. Jaramillo, Emily V Deputy Fire Chief – 40 HR 126,476.88

ALBQ FIRE AND RESCUE BATTALION CHIEFS:

There were 16 AFRD Battalion Chiefs in the list of 250 top paid employees in 2019 earning pay ranging from $110,354 to $163,905. The 5 highest paid Battalion Chiefs in 2019 were:

1. Ortiz, Christopher G Para Battalion Chief – 40 HR 163,905.80
2. Kim, Chad S Battalion Chief – 56 HR 148,740.00
3. Garcia, Santos C Battalion Chief – 56 HR 142,815.18
4. Montero, Alex O Battalion Chief – 56 HR 136,988.32
5. Staley, Justin L Battalion Chief – 40 HR 130,331.41

ALBQ FIRE AND RESCUE PARAMEDIC LIEUTENANTS:

There were 18 AFRD Fire and Rescue Paramedic Lieutenants in the list of 250 top paid employees in 2019 earning pay ranging from $107,885 to $145,018.19. The 5 highest paid Paramedic Lieutenants in 2019 were:

Do, Si N Para Driver – 56 HR 145,018.19
Tapia, Jacob A Para Lieutenant – 40 HR 144,292.81
Longdon, Jonathan D Para Lieutenant – 40 HR 134,491.63
Ruiz, Thomas A Para Lieutenant – 40 HR 129,185.83
Woodard, Timothy C Para Lieutenant – 40 HR 126,448.18

ALBUQUERQUE FIRE AND RESCUE CAPTAINS:

There were 7 AFRD Fire and Rescue Captains are among the top 250 paid city hall employees in 2019 and they are:

Anderson, Clinton L Para Captain – 56 HR 128,929.92
Salazar, Martin D Para Captain – 40 HR 120,632.70
Deal, Craig J Captain – 40 HR 118,496.41
Laprise, Robert Para Captain – 56 HR 115,192.99
Rantanen, Lloyd T Captain – 56 HR 113,063.71
Weaver, David Captain – 56 HR 111,635.48
Castillo, David V Captain – 56 HR 108,588.98

A full listing of all names and salaries earned by the top 250 city hall employees in 2019 are in the below postscript to this article.

APD HOURLY WAGE PAY RATES

As of April 27, 2020, the average hourly wage for a Police Officer in the United States is $27.00 an hour. The range typically falls between $25 and $30. Hourly rates can vary widely depending on many important factors, including education, certifications, additional skills, and the number of years spent as a police officer.

https://www.salary.com/research/salary/alternate/police-officer-hourly-wages

The 160 top wage city hall wage earners employed by the Albuquerque Police Department include patrol officers first class, sergeants, lieutenants, commanders the deputy chiefs, and the chief with annual pay ranging from $101,000 a year up to $192,937 a year. Far more Police Officers 1st Class are earning 6 figures under the Keller Administration than under the last year of the Berry Administration. For a comparison of salaries paid by Mayor Tim Keller and his predecessor Mayor Richard Berry see the following blog articles:

https://www.petedinelli.com/2019/02/04/100000-or-more-paid-to-all-250-top-abq-city-hall-employees/

https://www.petedinelli.com/2019/05/14/mayor-tim-keller-gives-thousands-of-raises-to-his-political-appointees-while-average-city-employee-gets-2-pay-increase/

https://www.petedinelli.com/2019/07/31/its-who-wants-to-be-millionaire-working-for-mayor-tim-keller-hypocrite-city-councilor-trudy-jones-proclaims-raises-disgraceful/

Starting pay for an APD Police Officer immediately out of the APD academy is $29 an hour or $60,320 yearly. (40 hour work week X 52 weeks in a year = 2,080 hours worked in a year X $29 paid hourly = $60,320.)

Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly. (40-hour work weeks in a year X 52 weeks in a year = 2,080 hours worked in a year X $30 paid hourly = $62,400.)

Senior Police Officers with 15 years or more experience are paid $31.50 an hour or $65,520 yearly. (40 hours work in a week X 52 weeks in year = 2,080 hours worked in a year X $31.50 = $65,520.)

The hourly pay rate for APD Sergeants is $35 an hour, or $72,800. (40-hour work week X 52 weeks in a year = 2080 hours worked in a year X $35.0 paid hourly = $72,800.)

The hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200. (40 hour work week X 52 weeks in a year = 2080 hours worked in a year X $40.00 = $83,200.)

LONGEVITY PAY ADDED TO BASE PAY

In addition to the base pay rates, APD police officers are also paid longevity bonus pay added to their pay at the end of the year as follows:

For 5 years of experience: $100 are paid bi-weekly, or $2,600 yearly
For 6 years of experience: $125 are paid bi-weekly, or $3,250 yearly
For 7 to 9 years of experience: $225 are paid bi-weekly, or $5,800 yearly
For 10 to 12 years of experience: $300 are paid bi-weekly, or $7,800 yearly
For 13 to 15 years o experience: $350 are paid bi-weekly, or $9,100 yearly
For 16 to 17 years or more: $450 are paid bi-weekly, or $11,700 yearly
For 18 or more years of experience: $600 are paid bi-weekly, 15,600 yearly

NO WORD ON NEW OVERTIME POLICY ANNOUNCED IN JANUARY

The 6-figure compensation being paid to sworn police can be attributed in mainly to “overtime” paid. There are nearly a dozen different types of overtime programs within the APD. The categories where APD Officers can earn overtime include holiday work, tac-plan initiatives, training, call outs, calls for service, special events, administrative work, investigations, and court appearances. DWI check points and special events like the Balloon Fiesta and security detail for high profile dignitary visits are all events that require an extensive amount of overtime. The police union contract entitles a police officer to be paid “time and a half” when overtime is worked on any given day or week.

On January 24, 2019, the Albuquerque Police Department (APD) said it was placing a “cap” on how much overtime police officers can work in a week. According to Deputy Chief Smathers, the overtime policy would rearrange training and special event schedules to be more efficient. APD’s goal is to have the overtime policy implemented by the end of August. The Mayor’s office and the City’s Chief Administrative Officer must approve the plan. Once approved, it was to be implemented with a special order issued by APD Chief Geier. The new overtime policy must also be reviewed by the Independent Federal Court Monitor appointed by the Federal Court to oversee the Court Approved Settlement Agreement (CASA).

https://www.krqe.com/news/albuquerque-metro/apd-places-limit-on-hours-of-overtime-officers-can-work-each-week/1724891754?fbclid=IwAR1UMy6HjOrG4YSVsz5ofIs4klWAu1BunYm6fD–417kuSgf9m4k2rN6G_0

Deputy Chief Smathers said the new overtime policy would not focus on overtime accrued during calls for service or court hearings, saying they are very unpredictable. The overtime policy instead looks at the time officers spend doing administrative work, training and community and special events. The goal is to eliminate training overtime through better scheduling and shift adjustments. According to Smathers, APD is developing a data program that supervisors can review to see which officers are working the most overtime.

To date, the Keller Administration and Chief Geier have not announced any final reform of overtime policy or if it has ever been approved by the Court appointed Federal Monitor.

WHERE IS OVERTIME REFORM WHEN IT COMES TO APD’S SPOKESMAN?

On May 22, the on line news service ABQ Reports published an article that APD Sergeant and Public Information Officer Simon Drobik continues racking up massive and record setting amounts of overtime pay. For the first 4 months of this year, Drobik, whose base pay is $31.50 an hour ($63,630 yearly) has made $82,371, according to the city’s website. If he continues on this pace, Drobik will be paid $247,113 for the year. That will shatter the record of $192,973 that Drobik made in 2018, the year that Drobick’s excessive overtime was first reported on by ABQ Reports. It appears that Chief Geier and Mayor Keller never sent Drobik the memo on APD police overtime reform or they both continue to do what they damn well feel like doing when it comes to paying what they want to pay to the chosen few.

https://www.abqreport.com/single-post/2020/05/21/What-overtime-reform-APDs-human-robot-Simon-Drobik-makes-83371-in-first-four-months-of-this-year-On-track-to-make-247K-for-year

DOJ COURT APPROVED SETTLEMENT AGREEMENT AND REFORMS STYMIED

The Albuquerque Police Department for over 5 years has been under a federal court consent decree after the Department of Justice Investigation found a pattern of excessive use of force and deadly force. Since entering into the Court Approved Settlement Agreement (CASA), APD has been struggling to implement the reforms mandated under the CASA.

It was on September 10, 2018, during a federal court hearing, that Federal Monitor Dr. James Ginger told the federal judge that a group of “high-ranking APD officers” within the department were trying to thwart reform efforts. The Federal Monitor revealed that the group of “high-ranking APD officers” were APD sergeants and lieutenants. Because sergeants and lieutenants are part of the police union they remained in their positions and could not be removed by the Chief. Federal Monitor Ginger referred to the group as the “counter-CASA effect.” Ginger described the group’s attitude as “certainly ambivalent” to the reform effort and the CASA.

The entire 53-page transcript of the conference call can be read here:

https://drive.google.com/file/d/1GzUumHhiD3Mw2_dLg_czXml_T6-3QI2w/view

On May 4, 2020, Federal Court Appointed Monitor James Ginger, in his 11th Monitors Report stated that the “counter casa effect” has been and continues to be the biggest sticking point for APD and presenting the biggest obstacle for the department to complete the reforms under the consent decree. Only until a 95% compliance rate has been achieved in 3 major categories can the consent decree be dismissed.

https://www.petedinelli.com/2020/05/06/federal-monitor-files-11th-compliance-audit-report-of-apd-reforms-counter-casa-effect-still-problematic-order-100-operational-compliance-within-6-months-or-replace-chief-or-deput/

COMMENTARY AND ANALYSIS

Police officers earning excessive overtime is nothing new. It has been going on for years and is very common knowledge. During the last 9 years, the Albuquerque Police Department has consistently gone over its overtime budget by millions. In fiscal year 2016, APD was funded for $9 million for over time but APD actually spent $13 million. A March, 2017 city internal audit of APD’s overtime spending found police officers taking advantage of a system that allows them to accumulate excessive overtime at the expense of other city departments. A city internal audit report released in March, 2017 revealed that the Albuquerque Police Department spent over $3.9 million over its $9 million “overtime” budget.

https://www.petedinelli.com/2018/03/30/apd-overtime-pay-abuse-and-recruitment-tool/

On April 13, 2020, the Albuquerque City Council enacted R-20-31 which is the city’s operating budget for fiscal year 2020-2021 that goes into effect on July 1, 2020 and ends June 31, 2021 for all city hall departments. The 2020-2021 APD operating budget is $207,877,000 and it has a mere $2,225,000 allocated for overtime.

THE DANGERS OF POLICE OVERTIME

APD has an alarming increase in “classified” positions that are being paid 6 figure pay based on hourly wages. The increase pay requires you to assume that all are doing a good, great or an exceptional job which is very difficult to justify when it turns out that is not the case or abuse is found. The 6 figure salaries being paid to sworn Patrol Officers can be attributed to “overtime” worked which is very problematic.

From a personnel management standpoint, when you have a select few that are taking home the lion’s share of overtime, it causes moral problems with the rest. Consecutive shifts or excessive overtime for any police officer can lead to extreme fatigue, emotional burnout and reduce an officer’s alertness and response times and reflexes that can endanger lives and public safety.

Excessive overtime paid is a red flag for abuse of the system, mismanagement of police resources or the lack of personnel. APD has added approximately 100 police officers last year as a result of increases in pay and an aggressive recruitment program. APD is projected to have upwards of 980 sworn police by July 1, 2020. The ultimate goal of the Keller Administration is to have 1,200 full time sworn police.

Overtime paid by APD should have come down as more police officers were added to the ranks, but that did not happen. When APD exceeds its overtime budget, it is to the detriment of other city departments and other city employees in that the additional funding must be found somewhere else, either by taking it from other departments and programs, budget cuts or cost saving measurements.

For the last 3 years, APD has exceeded its overtime budget by as much as $4 million or more. In 2019, APD spent $11.5 million paying sworn police overtime when the budget was $9 million. The 2020-2021 budget which begins on July 1, 2020 provides a mere $2,225,000 to pay for police overtime.

IMPLEMENT OVERTIME PROTOCOL TO ELIMINATE TIME AND A HALF PAY

APD needs to establish, and not just promise as it did in January, an overtime protocol that is fair and equitable for all sworn personnel that ensures that overtime is paid to more sworn police officers in the department. A system of overtime bonuses, with a cap, to be paid at the end of the year for accumulated increments of overtime can and should be implemented. Shift time to work would remain the same, but if more time is needed to complete work load, the employee works it for the same salary with no overtime and a modification of shift times for court appearances.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignment, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear at such arraignments.

REMOVE MANAGEMENT FROM APD UNION

There is a definite “chain of command” when it comes to APD. All Commanders, Deputy Chiefs and the Chief are “at will” positions that serve at the pleasure of the Administration, either the Mayor or Chief. APD has a clear line of authority that separates management from rank and file sworn police officers. A major problem is that APD sergeants and lieutenants, even though they are part of management with supervisory authority over sworn police officers, they are not “at will” employees and they are allowed to join the police union. Including sergeants and lieutenants in the union bargaining unit creates a clear conflict within management and sends mixed messages to rank and file sworn police officers.

APD police sergeants and lieutenants are on the front line to enforce personnel rules and regulations, standard operating procedures, approve and review work performed. They are critical in assisting in implementing the Department of Justice (DOJ) reforms mandated by the Court Approved Settlement Agreement (CASA) and standard operating procedures policies.

Police sergeants and lieutenants are the point personnel for “operational compliance” under the court settlement and after 5 full years of the settlement agreement they still are not getting the job done when it comes to “operational compliance.” This point was repeatedly made by the Federal Monitor when he said “until the sergeants are in harness and pulling in the same direction as the chief, things won’t get done as quickly”. In other words, without the 100% support of the sergeants and lieutenants to the CASA and mandated reforms, there will be little or no progress made with “operational compliance” and reaching a 95% compliance rate will take years. For a related blog article see:

https://www.petedinelli.com/2020/05/06/federal-monitor-files-11th-compliance-audit-report-of-apd-reforms-counter-casa-effect-still-problematic-order-100-operational-compliance-within-6-months-or-replace-chief-or-deput/

Sergeants and lieutenants need to be made at will employees and removed from the union bargaining unit and paid determined salaries with no overtime and no longevity pay, in order to get a real buy in to management’s goals of police reform and the federal Court Approved Settlement Agreement (CASA). APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms. The city should demand that the management positions of APD sergeant and lieutenant be removed from the APOA Union bargaining unit and be prevented from being paid time and a half for overtime.

RESTRUCTURE 40 HOUR APD PAY SYSTEM TO SALARY PAY SYSTEM

As another alternative to paying overtime and longevity bonuses , the City should do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented.

A base pay salary system should be implemented for all APD sworn personnel. A base salary system with step increases for length of service should be implemented. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same, but if more time is needed to complete a work load or assignments for the day, the salaried employee works it for the same salary with no overtime paid and a modification of shift times for court appearances.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignment, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear at such arraignments.

CONCLUSION

Until the APD salary structure is changed, APD will always have patrol officers first class making two to four times their base salary and emotional burnout will be the norm, not the exception endangering public safety. The trend of having more classified APD employees earning such high hourly wage pay does not bode well from an executive personnel management standpoint.

Management is not able to remove personnel without cause nor make management and policy decisions that may be strenuously resisted by classified management personnel of Sergeants and Lieutenants who are more interested in being disruptive to getting anything done and resisting the DOJ reforms.

Management must be able to make policy and personnel decisions and be able to immediately remove and even replace upper management employees who are not performing their jobs or who engage in unethical, questionable, disruptive and at times illegal conduct in violation of personnel rules and regulations.

_________________________________________________________________________

POSTSCRIPT

Following is a category breakdown listing of the top 250 wages paid by name, title and earnings for 2019:

OFFICE OF THE MAYOR (TOTAL: 5)

Nair, Sarita CA-Chief Administrative Office Chief Admin Officer 186,747.20
Rael, Lawrence D CA-Chief Administrative Office Chief Operations Officer 181,953.60
Bhakta, Sanjay FA-Finance Admin Svc Chief Financial Officer 143,008.80
Keller, Timothy M MA-Mayor’s Office Department Mayor 125,008.00
Daniel, Christopher H FA-Finance Admin Svc Chief Investment Officer 124,694.40

CITY DEPARTMENT DIRECTORS, DEPUTIES AND ASSISTANTS (TOTAL: 30)

Department Directors are unclassified,starting salaries are approximately $116,000 and they are not paid bonuses and not paid overtime at time and a half and usually work in excess of a 40-hour work week.

Aguilar Jr, Esteban A LG-Legal City Attorney 144,386.41
Nevarez, Danny S AW-Animal Welfare Director 139,886.00
Osterloh, Brian A TI-Technology and Innovation Director 133,923.20
Harness, Edward W. CP-Civilian Police OS Dept CPOA Director 132,214.00
Simon, David J PR-Parks and Recreation Director 129,156.00
Leech, Mark T Technology and Innovation Deputy Director/DTI 128,884.60
Griffin, Stephanie M LG-Legal Asst City Attorney 124,723.62
Di Menna, Mark A EH-Environmental Health Deputy Director/EHSE 124,694.40
Montoya, Charles P MD-Municipal Development Director 124,088.00
Pierce, Carol M FC-Family Community Svcs Director 124,088.00
Chapman, Paul Ray TI-Technology and Innovation Assoc Chief Info Officer 123,073.60
Martinez, Jennifer Renee FA-Finance Admin Svc Director 122,414.40
Scott, Mary L HR-Human Resources Director 119,344.86
Van Etten de Sanchez, Mary CS-Cultural Services Director 119,020.00
Fleming, Baird E Cultural Services Bio Park Administrator 118,771.23
Fanelli, Pamela S FA-Finance Admin Svc City Controller 118,771.22
Allen, Nyika AV-Aviation Director 117,648.01
Jaramillo, Synthia R ED-Economic Development Director 117,648.00
Sanchez, Anna M SA-Senior Affairs Director 117,648.00
Whelan, Matthew SW-Solid Waste Director 117,648.00
Duhigg, Katy M CC-Office of the City Clerk City Clerk 116,122.80
Hults, Samantha M LG-Legal Deputy City Attorney 114,028.80
Mitchell, Kenneth D Parks and Recreation Deputy Director-Parks & Rec 113,940.40
Williams, Brennon N PL-Planning Department Director 113,180.80
Lozoya, Melissa R. Municipal Development Assoc Director 113,169.64
Reed, Keith A Municipal Development Engineering Project Manager 113,169.62
Smith, Dean P CS-Cultural Services Assoc Director Library 113,211.20
Sourisseau, Kevin J Municipal Development, Deputy Director 112,041.60
Thompson, James Internal Audit City Auditor 111,195.20
Truong, Loc T, Human Resources Deputy Director/HR 108,632.24

CITY SUPPORT – EARLY RETIReMENT (TOTAL: 6)

EDITORS NOTE: Early retirement is where a retiring city employee exhausts all accumulated annual and sick leave first and continues on city payroll and thereafter their PERA Pension begins. The following 6 retiring employees were listed in the top 250 city hall wage earners for 2019:

Wesley, Zachary L City Support Early Ret PD DC II/Comm FT 120,655.22
Mc Cumber, Wayne City Support Early Ret Police FT 119,143.43
Venghaus, Chris City Support Early Ret Fire 56 EX 119,049.06
Olvera, Donovan City Support Early Ret PD DC II/Comm FT 116,169.40
Hinde, James D City Support Early Ret UNCL Exempt FT 109,792.43
Barela, Adam J City Support Early Ret Police FT 108,431.34

ALBUQUERQUE CITY COUNCIL (TOTAL: 2)

Yara, Stephanie M Council Services Director 151,467.48
Melendrez, Christopher P. Assoc Dir / Sr Legal Advisor 128,684.80

LISTING OF APD POSITIONS

APD CHIEF COMMAND STAFF EARNINGS (TOTAL: 10)

(EDITOR’S NOTE: These positions are at will employee and not permitted to be part of the police union)

Geier, Michael Chief Of Police 183,378.60
Gonzalez, Arturo E Deputy Chief 140,498.63
Garcia, Eric J Deputy Chief 140,144.28
Medina, Harold Deputy Chief 136,040.20
Griego, Jon J Deputy Chief 134,522.59
Ross, John APD Chief of Staff 129,304.68
Armijo, Elizabeth APD Deputy Chief of Staff 117,076.80
Martinez, Damon Paul APD Chief Policy Advisor 118,641.04
Rosenbaum, Nils Police Director of Behavioral Sciences 163,800.01
Wilson, Erika L. Police Emergency Comm Manager 109,017.60

TOP PAID POLICE OFFICERS BY RANK AND EARNINGS

APD COMMANDERS (TOTAL: 16)

(EDITOR’S NOTE: These positions are at will employee and not permitted to be part of the police union)

Rivera, Donovan J Commander 129,230.57
Espinosa, Timothy R Commander 125,755.19
Garcia, Mizel Commander 124,594.94
Lowe, Cori M Commander 124,053.18
George, Christopher N Commander 123,592.45
Deal, Craig J Captain 118,496.41
Middleton, Robert L Commander 120,846.52
Collins, James Commander 116,133.48
Sanchez Jr, Arturo Commander 118,092.02
Velarde, Mark A Police Deputy Commander 117,888.41
Burke, Joseph M Police Commander 117,805.60
Duran, Paul Commander 117,043.48
Yara, Johnny B Commander 116,808.53
Szych, Paul R Commander 113,144.80
Byrd Stevenson, Angela R Commander 113,069.80
Denison, Brett Deputy Commander 108,181.20

APD LIETENANTS (TOTAL: 32)

(EDITOR’S NOTE: These positions are classified employee and are permitted to be part of the police union.)

Languit, Luke C Lieutenant 164,722.80
Patterson, Christopher Lieutenant 138,606.30
Jones, Aaron M. PD-Police Lieutenant 136,824.53
Bell Garcia, Jennifer L Lieutenant 134,492.33
Bassett, Jeremy D Lieutenant 132,599.17
Anaya, Adam Lieutenant 130,357.92
Frick, Sean M Lieutenant 128,819.03
McElroy, Matthew Lieutenant 128,802.41
Altman, Steve A Lieutenant 128,026.22
Price, Bryan H Lieutenant 127,649.99
Johnston, Kenneth L Lieutenant 127,131.74
Woodard, Timothy C Para Lieutenant 126,448.18
Barraza, Rene Lieutenant 125,395.24
Puariea, Karla P Para Lieutenant 125,148.94
Norris, Scott T Lieutenant 125,108.42
Napoleone, Kevin J Lieutenant 124,720.27
Parsons, Scott W Lieutenant 122,828.34
Saladin, David R Lieutenant 122,580.22
Tafoya, Dennis Lieutenant 122,480.98
Esquibel, Timothy Lieutenant 121,050
Barker, Cecily A Lieutenant 119,355.26
Deyapp, Lena T Lieutenant 115,430.07
Brown, Joshua M Lieutenant 119,782.52
Brodbeck, Michael K Lieutenant 115,436.50
Martinez, Melvin J Para Lieutenant – 40 HR 115,208.12
Cottrell, Zakary F Lieutenant 114,736.04
Wallace, Sean P Lieutenant 113,973.16
Chacon, Jennifer M Lieutenant 110,584.76
Tapia, Amanda C Lieutenant 109,649.60
Bowie, Terysa Lieutenant 108,528.26
Baca, David R Lieutenant 108,165.90
Weber, Gregory E Lieutenant 108,031.08

APD SERGEANTS (TOTAL: 32)

(EDITOR’S NOTE: These positions are classified employee and are permitted to be part of the police union.)

Hernandez, Michael F Police Sergeant 193,666.40
Pholphiboun, Phetamphone B Police Sergeant 166,813.86
Lopez, Daniel J Sergeant 154,969.57
Martinez, Dominic P Sergeant 149,152.48
Hunt, Justin R Sergeant 140,961.94
Economidy III, Byron G Sergeant 138,305.75
Stockton, Robert M Sergeant 134,315.52
Kenny, Sean P Sergeant 126,987.12
Cancilla, Zachary A Sergeant 126,163.99
Anderson, Hollie L Sergeant 125,887.78
Schmidt, Matthew J Sergeant 123,878.97
Pitzer, Brian D Sergeant 123,666.89
Brown, Eric Sergeant 118,229.24
Knipprath, Brock M. Sergeant 120,086.01
Chavez, Matthew M Sergeant 119,850.43
Chavez, Dennis Sergeant 122,182.17
Nelson, Ryan H Sergeant 118,249.02
Paige, Brian AV-Aviation Sergeant 115,896.04
Sandoval, Albert Sergeant 114,699.80
Wild, Amanda Sergeant 114,376.03
Richards, Joshua R. Sergeant 114,061.11
Sedler, Amy J Sergeant 113,008.40
Haugh, Paul Sergeant 113,517.31
Hernandez, Armando F. Sergeant 112,835.56
Armijo, Louis J Sergeant 112,287.92
Monte, Lawrence E Sergeant 111,833.05
Rojas, Ernesto AV-Aviation Sergeant 111,453.67
Ingram, Richard S Sergeant 110,663.50
Martin, Paul A. Sergeant 110,472.28
Gomez, Gustavo A. Sergeant 110,138.01
Barnard, Jeffery R. Sergeant 109,459.56
Ortiz, James Sergeant 109,292.95

POLICE OFFICERS FIRST CLASS, MASTER, SENIOR (TOTAL: 70)

(EDITOR’S NOTE: These positions are classified employee and are permitted to be part of the police union)

Johnson, Brian, Senior Police Officer 1C 188,884.04
Drobik, Simon Master Police Officer 1C 166,484.67
Pearson, Nicholas R Master Police Officer 1C 149,157.79
McCarson, Timothy W Senior Police Officer 1C 147,207.30
Hollier, Jeremy B Senior Police Officer 1C 143,229.86
Martinez, Yvonne Master Police Officer 1C 140,522.20
Lehocky, Andrew J Master Police Officer 1C 140,107.90
Garza, Ramiro J Senior Police Officer 1C 136,815.26
Solis, Brenda M Senior Police Officer 1C 136,522.25
Canales, Ladio Senior Police Officer 1C 135,591.41
Rico, Michael K Senior Police Officer 1C 133,020.75
Hernandez, Francisco F Senior Police Officer 1C 132,288.88
Hernandez Jr, Jimmy S Senior Police Officer 1C 132,093.96
Burchell, Edward Master Police Officer 1C 131,582.84
Carter, Jessie W. Senior Police Officer 1C 131,530.98
Swessel, Robert A Master Police Officer 1C 131,402.46
Shook, Michael B. Senior Police Officer 1C 130,875.25
O’Neil, Craig P Master Police Officer 1C 129,424.58
Champine, Daniel J Master Police Officer 1C 128,915.79
Montano, Joshua Senior Police Officer 1C 124,635.53
Brown, Jason Senior Police Officer 1C 124,396.46
Solis, Emmanuel Senior Police Officer 1C 124,356.64
Burley, John V. Senior Police Officer 1C 123,201.06
Kaskalla, Duran G, Senior Police Officer 1C 122,293.95
Breeden, Charles F Senior Police Officer 1C 121,813.68
Maes, Kelly R Senior Police Officer 1C 121,460.96
Rogillio, Justin L Senior Police Officer 1C 120,907.69
Hooee, Alonzo Senior Police Officer 1C 120,848.24
Frazier, Jared L Senior Police Officer 1C 119,790.19
Lujan, Damian M Senior Police Officer 1C 119,752.79
Fox, James Master Police Officer 1C 119,648.21
Novicki, Thomas D Master Police Officer 1C 119,512.95
Franklin, Daniel J Master Police Officer 1C 119,445.19
Barela, Victor D Senior Police Officer 1C 119,403.34
Ruiz, Luis A Police Officer 1C 119,180.60
Miller, Charles W Senior Police Officer 1C 118,863.48
Jojola, Eric J AV-Aviation Senior Police Officer 1C 117,527.64
Luna, Michael A Master Police Officer 1C 116,607.28
Torgrimson, Daniel A Master Police Officer 1C 116,593.63
Juarez, Terra K Master Police Officer 1C 116,369.80
St. John, Phoy R Senior Police Officer 1C 116,158.36
Romero, Arnold C Aviation Master Police Officer 1C 116,001.11
Walsh, Stephen T Master Police Officer 1C 115,270.93
Yurcisin, Daniel E Senior Police Officer 1C 115,181.80
Martinez, Herman G Master Police Officer 1C /115,084.94
Armijo, Leonard R Police Officer 1C 114,088.46
Hotle, Timothy Senior Police Officer 1C 113,678.72
Ortiz, Nelson S Police Officer 1C 113,571.44
Meyer, Jesse M PD-Police Master Police Officer 1C 113,439.19
Oates, Michael A Senior Police Officer 1C 113,406.92
Martinez, Marisa J Senior Police Officer 1C 113,114.85
Zambrano, Anthony Master Police Officer 1C 113,009.31
Correia, Donald R Senior Police Officer 1C 112,990.10
Duran, Fred O Senior Police Officer 1C 112,826.26
Higgins, Kiel V Master Police Officer 1C 111,618.07
Williamson, James L Master Police Officer 1C 111,365.45
Groff, Matthew S Senior Police Officer 1C 111,291.87
La, Quan T Police Officer 1C 111,180.38
Rahimi, Alexander A Police Officer 1C 110,548.33
Porlas, Dwight Master Police Officer 1C 110,014.59
Abbatantuono, Guy D Senior Police Officer 1C 109,757.33
Avila, Michael A Senior Police Officer 1C 109,703.46
Perez, Lucas F Police Officer 1C 109,560.26
Lovato, Angelo J Senior Police Officer 1C 109,506.05
Redhouse, Leighton Senior Police Officer 1C 109,438.25
Gomez, Geno Virgil E Master Police Officer 1C 109,314.87
Montano, David B Senior Police Officer 1C 108,943.69
Roach, Gerald L Master Police Officer 1C 108,225.72
Wolffbrandt, Timothy E Senior Police Officer 1C 108,176.61
Herbst, Zachary C Police Officer 1C 108,167.35

ALBQUERQUE FIRE AND RESCUE DEPARTMENT

FIRE CHIEF’S OFFICE (TOTAL 7)

Dow, Paul Fire Chief – 40 HR 148,128.08
Mowery, David E Deputy Fire Chief – 40 HR 130,892.98
Frazier, Sean R Deputy Fire Chief – 40 HR 128,686.88
Elks, Sean T Deputy Fire Chief – 40 HR 126,476.88
Eakes, Adam C Deputy Fire Chief – 40 HR 128,605.41
Gallegos, Gene Deputy Fire Chief – 40 HR 129,630.71
Jaramillo, Emily V Deputy Fire Chief – 40 HR 126,476.88

ALBUQUERQUE FIRE AND RESCUE BATTALION CHIEFS (TOTAL 15)

Ortiz, Christopher G Para Battalion Chief – 40 HR 163,905.80
Kim, Chad S Battalion Chief – 56 HR 148,740.00
Garcia, Santos C Battalion Chief – 56 HR 142,815.18
Montero, Alex O Battalion Chief – 56 HR 136,988.32
Staley, Justin L Battalion Chief – 40 HR 130,331.41
Garcia, Jason A Battalion Chief – 56 HR 127,110.07
O’brien, Kevin P Battalion Chief – 56 HR 125,517.55
Lujan, Robert W Battalion Chief – 56 HR 121,705.99
Sanchez, Frank Battalion Chief – 40 HR 121,308.58
Meisner, Nathaniel A Battalion Chief – 40 HR 118,001.59
Gallucci, Pasquale A Battalion Chief – 56 HR 117,002.01
Blea, James A Battalion Chief – 56 HR 116,851.81
Kane, Emily A Battalion Chief – 56 HR 116,798.88
Horton, Zar E Battalion Chief – 56 HR 115,153.09
Stracener, Ryan W Battalion Chief – 56 HR 110,354.69

ALBUQUERQUE FIRE AND RESCUE PARAMEDIC LIEUTENANTS (TOTAL 18)

Do,Si N Para Driver – 56 HR 145,018.19
Tapia, Jacob A Para Lieutenant – 40 HR 144,292.81
Longdon, Jonathan D Para Lieutenant – 40 HR 134,491.63
Ruiz, Thomas A Para Lieutenant – 40 HR 129,185.83
Woodard, Timothy C Para Lieutenant – 40 HR 126,448.18
Puariea, Karla P Para Lieutenant – 56 HR 125,148.94
Ruelas, James L Para Lieutenant – 56 HR 115,509.58
Martinez, Melvin J Para Lieutenant – 40 HR 115,208.12
Mee, Christian P Para Lieutenant – 56 HR 118,703.09
Routson, Thomas J Para Lieutenant – 40 HR 113,531.49
Renteria, Javier Para Lieutenant – 56 HR 111,478.87
Herrera, Robert C Para Lieutenant – 56 HR 110,753.35
Galindro, Michael R Lieutenant – 42 HR 110,409.86
Gonzales, Greg L Para Lieutenant – 56 HR 110,393.38
Ochoa, Gregory Para Lieutenant – 56 HR 110,049.01
Williams, Carla M Lieutenant – 40 HR 109,010.35
Tovar, Sergio Para Lieutenant – 40 HR 108,760.25
Olivares, Daniel Para Lieutenant – 56 HR 107,988.15

ALBUQUERQUE FIRE AND RESCUE CAPTAINS (TOTAL 7)

Anderson, Clinton L Para Captain – 56 HR 128,929.92
Salazar, Martin D Para Captain – 40 HR 120,632.70
Deal, Craig J Captain – 40 HR 118,496.41
Laprise, Robert Para Captain – 56 HR 115,192.99
Rantanen, Lloyd T Captain – 56 HR 113,063.71
Weaver, David Captain – 56 HR 111,635.48
Castillo, David V Captain – 56 HR 108,588.98

ALBUQUERQUE FIRE AND RESCUE PARAMEDIC DRIVERS (TOTAL 2)

Gomez, Jose FD-Fire RD1 Para Driver – 56 HR 118,661.69
Chavez,J ose I FD-Fire RD2 Para Driver – 40 HR 107,885.47

This is the city link to the full list of names, titles listing salaries starting with the highest paid to the least paid of the 250 top earning for 2019:

http://cognospublic.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FTop+Earners+of+the+City+of+Albuquerque+List&id=i5C8E3011CDD346029B51E17CB7132529&objRef=i5C8E3011CDD346029B51E17CB7132529&type=report&format=HTML&Download=false&prompt=true&cmProperties%5Bid%5D=i5C8E3011CDD346029B51E17CB7132529&cmProperties%5BdefaultName%5D=Top+Earners+of+the+City+of+Albuquerque+List&cmProperties%5Btype%5D=report&cmProperties%5Bpermissions%5D%5B%5D=execute&cmProperties%5Bpermissions%5D%5B%5D=traverse

The term “to dupe someone” is loosely defined as to trick someone into doing your bidding by telling someone something that is not true or to convince someone into doing something that is ill advised or downright stupid. New Mexico Party Chairman Steve Pearce has kept his word to initiate a civil complaint against Governor Michelle Lujan Grisham to stop her emergency health orders that have closed businesses. However, what he has done is to get private businesses to do his dirty work for him by having the Republican Party promising to pay for the litigation, but not be a party to the lawsuit.

It has been reported that 7 businesses in six New Mexico cities have filed a civil law suit against Governor Michelle Lujan Grisham claiming that she is unfairly fining them if they decide to stay open against her public health orders. The civil suit was filed in Curry County District Court and it is being funded by the Republican Party. The businesses suing are Frontier Auto and Body and Sol Fitness in Lovington, K-Bob’s Steakhouse in Clovis, Monroe’s Restaurants in Albuquerque, an outdoor market in Socorro, Colfax Tavern & Diner in Maxwell, and J. Jones Massage in Hobbs.

GOP Party Chairman Steve Pierce explained it this way:

“The governor is overreaching. … She does not have the capability under the law as we read it that allows her to levy the $5,000 fine. … I do not think that many magistrate judges are going to put people in jail and I do not think they are going to try to find them guilty of trying to keep their business a live and afloat. … A lot of businesses would take the hundred-dollar risk. I will open up and then go to court and if I lose, I will pay a hundred bucks. it is way different for them to open and I may get a $5,000 fine.”

https://www.koat.com/article/businesses-sue-governor-with-help-from-republican-party/32634080

“The governor is mixing two laws; she’s taking the enforcement from one law and applying it to the other. … Under the law that she’s shutting down businesses, she really only has the opportunity to levy the equivalent of a parking ticket, she can give a misdemeanor fine for $100 bucks. … You can’t intimidate people, you don’t have the right to levy those $5000 dollar fines, you can put a hundred dollar fine, but you’ve got to prove that in court. … I think we’re going to give a pathway for every business in New Mexico to open up, and then the governor has to close them down individually, and I only risk 100 dollars each.”

https://www.krqe.com/health/coronavirus-new-mexico/republican-party-of-new-mexico-backs-lawsuit-against-gov-lujan-grisham-and-administration/

On May 27, it was reported that Monroe’s Restaurants in Albuquerque has withdrawn from the lawsuit. Kathy Diaz, co-owner of Monroe’s Restaurants, gave no reason for withdrawing from the lawsuit challenging the state’s threat of $5,000 fines for violating New Mexico’s public health orders. Diaz voluntarily dismissed the restaurant claims in a short court pleading filed on Friday, May 22.

https://www.abqjournal.com/1459729/monroes-owner-withdraws-from-suit-on-health-orders.html

TWO SEPARATE AUTHORIZATION STATUTES

The two laws at the center of the lawsuit are the “Public Health Act” and the “Public Health Emergency Response Act.” The Public Health Act is the law the state has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day. The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses a civil fine of up to $5,000 per day. Note that the actions for violations of the “Public Health Act” are criminal and that violations of the “Public Health Emergency Response Act” are civil.

“PUBLIC HEALTH ACT”

In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act (NMPHA), section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department. There are at least 12 specific provisions of the NMPHA that empowers the department by and through the Governor by appointment of the cabinet secretary. Those sections are:

Section 24-1-3 (C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.
Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.
Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.
Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
Section 24-1-3 (L) Ensure a competent public health workforce;
Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;
Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;
Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;
Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued
Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.

CRIMINAL PENALTIES PROVIDED IN PUBLIC HEALTH ACT

The New Mexico Public Health Act also contains a criminal penalty provisions that can be sought and enforced for violations of the Health Department orders. The state police issues criminal citations that are misdemeanors that carry a maximum $100 fine and 6 months in jail. The penalty provision of the Public Health Act provides as follows:

NMSA§ 24-1-21. Penalties

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court.

Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action.

The attorney general shall represent the department.”

Links to review the entire Public Health Act can be found here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

“PUBLIC HEALTH EMERGENCY RESPONSE ACT”

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses an up to $5,000 fine per day. In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:

A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

B. A state of public health emergency shall be declared in an executive order that specifies:

(1) the nature of the public health emergency;
(2) the political subdivisions or geographic areas affected by the public health emergency;
(3) the conditions that caused the public health emergency;
(4) the expected duration of the public health emergency, if less than thirty days;
(5) the public health officials needed to assist in the coordination of a public health emergency response; and
(6) any other provisions necessary to implement the executive order.

C. A declaration of a state of public health emergency shall not abrogate any disease-reporting requirements set forth in the Public Health Act [ 24-1-1 to 24-1-22 NMSA 1978].

D. A declaration of a state of public health emergency shall be terminated:

(1) by the governor, after consultation with the secretary of health, upon determining that there is no longer a public health emergency; or
(2) automatically after thirty days, unless renewed by the governor after consultation with the secretary of health.

E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures.

CIVIL PENALTIES PROVIDED IN PUBLIC HEALTH EMERGENCY RESPONSE ACT

The “Public Health Emergency Response Act” is civil in nature and as such provides for enforcement by the Secretary of Health and for $5,000 civil penalties as follows:

“12-10A-19. Enforcement; civil penalties.

A. The secretary of health, the secretary of public safety or the director may enforce the provisions of the Public Health Emergency Response Act by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act. A civil administrative penalty may be imposed pursuant to a written order issued by the secretary of health, the secretary of public safety or the director after a hearing is held in accordance with the rules promulgated pursuant to the provisions of Section 12-10A-17 NMSA 1978.

B. The provisions of the Public Health Emergency Response Act shall not be construed to limit specific enforcement powers enumerated in that act.

C. The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.”

Link to the New Mexico Public Health Emergency Response Act are here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

https://www.bernco.gov/uploads/files/PublicSafety/PHLH–Article%2010A%20Public%20Health%20Emergency%20Reponse.pdf

RESTAURANTS CAN RE OPEN TO LIMITED OUTDOOR DINING

On May 26, Governor Michelle Lujan Grisham’s announced that she amended her public health order so that restaurants can reopen outdoor patio areas that have been closed for more than two months. The announcement is the first step in to broader restaurant reopening’s. Lujan Grisham said the state’s progress in slowing the spread of COVID-19 has allowed her administration to begin loosening restrictions and said in a statement:

“I greatly look forward to being able to continue to ease the restrictions imposed on us by this heinous virus – provided that we continue on the right track and New Mexicans take every necessary precaution, whether in an individual capacity or as a business-owner.”

Under the amended order, effective Wednesday, May 27, outdoor dining is permitted but with restrictions. Under the amended public health order, restaurants can have no more than six customers allowed to sit together at a table. Outdoor restaurant dining will be limited to 50% capacity in order to to allow for social distancing. The revised order will NOT mandate that restaurants obtain contact information from its diners as previously proposed. Customers can decide whether they want to share their personal contact information.

https://www.abqjournal.com/1459685/nm-giving-restaurants-green-light-to-reopen-limited-outdoor-dining.html

COMMENTARY AND ANALYSIS

Under the law, a single act of conduct can have both a criminal and a civil component at the same time. A good example is when a person is charge and found guilty of driving while intoxicated and sentence to jail and is also sued civilly by the driver of another vehicle he has hit and injured.

The suit, which is being funded by the Republican Party, is claiming that the governor is picking and choosing two different laws to cite businesses. It’s likely the Republican Party has been advised that it does not have standing to file the lawsuit and hence it recruited businesses to file the lawsuit and agreed to pay the attorney’s fees for them.

What apparently is not understood is that the State and the Governor are empowered to enforce the criminal statute consisting of the “Public Health Act” and the civil statute consisting of the “Public Health Emergency Response Act”. A business can be cited under both laws for the same conduct.

The enforcement provision of the Public Health Emergency Response Act is very clear and Section 12-10A-19 C provides:

“The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.”

When Steve Pearce says “The governor is mixing two laws; she’s taking the enforcement from one law and applying it to the other” he shows his ignorance of the law in that a business can be charge separately for violations of both statutes and based on the same conduct. Steve Pearce needs to refrain from the practice of law without a license. He also may want to confirm that the attorneys the Republican Party he has hired to file the lawsuit understand the difference between criminal law and civil law.

Now that the Governor has begun the reopening of restaurants across the state, many of the arguments Steve Pierce has made are evaporating like Elephant Butte Lake. The Republican Party may want to save a little money, and a little face at the same time, and convince the 6 remaining businesses to dismiss their lawsuits, which is totally up to the litigants. If they decline, Pierce would be smart to say the Republican Party will no longer pay for the frivolous lawsuits he encouraged, unless of course he wants to open up his own fat wallet to beat a political dead horse.

A photo of a man participating in a protest in Farmington, New Mexico against Governor Lujan Grisham’s stay at home orders and business closures has been circulating on FACEBOOK. The man is holding in one hand a protest sign that says “WHAT’S NEXT? CONCENTRATION CAMPS? CLIMATE CHANGE LOCKDOWN? GUN CONFISCATION?” The handmade sign was inflammatory enough, but the protester took it a step further by desecrating the official New Mexico state flag. The red ZIA symbol on the yellow New Mexico State flag was altered with a matching red bar emblazoned to the right of each grouping of four bar spikes resulting in the ZIA symbol taking on the appearance of a swastika. Coupled with the signs message, the unmistakable image conveyed was that of a World War II Nazi Swaztika. The protester should be shamed and told to go to hell in no uncertain terms.

There are 23 Indian tribes located in New Mexico consisting of 19 Pueblos, three Apache tribes consisting of the Fort Sill Apache Tribe, the Jicarilla Apache Nation and the Mescalero Apache Tribe and part of the Navajo Nation. New Mexico’s Native American population makes up nearly 10.5% of the state’s entire population. Both the Zia symbol and the swastika have far more significance to the New Mexico Native American tribes and pueblos than most people, especially newcomers to the state, do not know about or who are plain ignorant about the significance of the symbols. Both symbols deserve a short explanation as to their historical and traditional meaning.

THE ZIA SYMBOL

The people of the Zia Pueblo in New Mexico regard the sun as sacred. The ZIA symbol consists of a circle symbolizing the sun with 4 groups of 4 rays pointing in 4 directions, right and left, top and bottom, radiating outward from the circle. The Zia symbol can be found painted on ceremonial vases, used to introduce newborns to the sun, and is featured in red on the bright yellow New Mexico state flag.

The circle of the ZIA symbol represents the ever-revolving sacred aspects one must develop throughout life consisting of a strong body, a clear mind, a pure spirit, and a devotion to the well-being of others.

The number four is embodied in the 4 separate groupings radiating from the circle that symbolizes:

• The 4 directions of north, south, east, and west
• The 4 seasons of the year of spring, summer, autumn and winter
• The 4 periods of each day of morning, noon, evening and night
• The 4 stages of life of childhood, youth, middle years and elderhood

https://www.jessicawhitten.com/meaning-of-zia-symbol.html

THE NATIVE AMERICAN SWASTIKA

The swastika in the form of an upright X with the ends bent to the right direction is a widely used Native American symbol. It was used by many southwestern tribes, most notably the Navajo. Among different Indian tribes the swastika carried various meanings. To the Hopi it represented the wandering Hopi clans, to the Navajo it represented a whirling log ( tsil no’oli’ ), a sacred image representing a legend that was used in healing rituals.

The original meaning of this ancient sacred symbol is one of life and prosperity. The swastika is one of the oldest symbols made by humans, and dates back some 6,000 years to rock and cave paintings. Scholars generally agree it originated in India. With the emergence of the Sanskrit language came the term ‘swastika’, a combination of ‘su’, or good, and ‘asti’, to be; in other words, well-being.” The swastika is also an important symbol in Hinduism and Buddhism, among others, and was also used in Native American and Jewish faiths prior to World War II. By the early twentieth century it was regarded worldwide as symbol of good luck and auspiciousness.

THE NAZI GERMANY SWASTIKA

During World War II, Adolph Hitler adopted a hideous use of the swastika totally contrary to its original meaning. The flag of Nazi Germany, officially the flag of the German Reich, is a very bright red flag with a very black swastika on a white disc. Following the rise to power of Adolf Hitler as Chancellor in 1933, the flag was adopted as one of Germany’s dual national flags, the other being the black-white-red horizontal tricolor of the German Empire.

Hitler was convinced that a potent symbol would rally the masses to his very sick xenophobic cause. Hitler was attracted to the swastika because it conveyed the image of ongoing movement. With a black swastika, called the Hakenkreuz in German, or hooked cross, tilted 45 degrees on a white circle set against a red background, the Nazi banner modernized the ancient symbol while evoking the colors of the recently defeated German empire. Today, the images from Charlottesville, Virgnia with white supremacists marching with Nazi banners is a reminder that the swastika remains a potent symbol of racist hate contrary to its historical meaning.

https://en.wikipedia.org/wiki/Flag_of_Nazi_Germany

https://theconversation.com/how-nazis-twisted-the-swastika-into-a-symbol-of-hate-83020

NEW MEXICO STATUTE MADE IT A CRIME TO DESECRATE OR BURN FLAG BUT IT IS A FORM OF PROTECTED FREE SPEECH

In 1953, the State of New Mexico like many states made it a crime for anyone to desecrate the state or national flags by “painting, printing, stamping or otherwise placing any name or object not connected with the patriotic history of the nation or the state.” (30-21-4. Improper use of official symbols.) The New Mexico statute in unenforceable because of subsequent United States Supreme Court Rulings, but the state law has never been repealed.

The landmark United States Supreme Court case of Texas v. Johnson, 491 U.S. 397 (1989), ruled that flag burning is symbolic free speech protected by the First Amendment to the United States Constitution. In the wake of the Texas v. Johnson decision, congress enacted a law that prohibited flag burning. In order to try to get around constitutional challenges, the law prohibited all types of flag desecration, with the exception of burning and burying a worn-out flag, regardless of whether the action upset others. In 1990, the Supreme Court ruled in United States v. Eichman, 496 U.S. 310 that this did not cure the constitutional defect and by a 7-3 majority held that the law still impermissibly discriminated upon viewpoint and struck it down.

COVID-19 DISPROPORTIONATELY HITS NEW MEXICO NATIVE AMERICAN COMMUNITIES

On May 20, it was reported that the Navajo Nation has a higher rate of reported COVID-19 cases than New York City and has the highest rates in the country, surpassing New York state and New Jersey. According to the Navajo Department of Health, the reservation had 4,253 cases of the illness caused by coronavirus. This means it has a rate of 2,449 cases per 100,000 based on 2010 census data that reported 173,667 people living on the reservation, which spans parts of Arizona, New Mexico and Utah. One hundred forty-six people have died and at least 1,026 have recovered.

https://www.abqjournal.com/1458052/navajo-nation-passes-nyc-covid-19-rate.html

On May 13, the on line news agency New Mexico In Depth reported that while Navajo people represent the worst hit by COVID-19 in absolute numbers with Navajos representing 45% of all New Mexico’s positive cases, two of New Mexico’s Pueblo communities are being hit harder, by percentage of their population. About 11% of Zia Pueblo and 4% of San Felipe members have contracted the virus compared to about 2% of Navajo Nation members who live in New Mexico.

The largest outbreaks of COVID-19 in Pueblo tribes continue to be in Zia, San Felipe, Zuni and Kewa (Santo Domingo). An additional nine Pueblos plus the Jicarilla Apache tribe each have a handful of cases. The reported cases among tribal communities, combined, make up almost 60% of all positive cases in New Mexico. As of Monday, May 11, 50% of all people who had died of COVID-19 in New Mexico were Native American. As a group, New Mexico’s 23 tribes compose just 11% of the state population.

COMMENTARY AND ANALYSIS

There is no doubt that the State of New Mexico is one of the most diversified states in the United State. It is a major source of pride to many. Some New Mexicans would no doubt argue that racism does exist in the state. However, the racism that exists in New Mexico is not as overt as you find in other parts of the country. The extent of the racism in New Mexico does not even approach the level of the racist hate in large cities and in the deep south where white supremist organizations exist. The Southern Poverty Law Institute went so far to report that New Mexico is the only state in the country that in 2018 had no organized hate groups. For more see:

https://www.petedinelli.com/2020/01/29/no-hate-groups-in-new-mexico-but-plenty-of-gangs-to-victimize/

Native Americans have long endured unspeakable acts of hate, violence and racism. Now New Mexico Native Americans are suffering from the ravages of the corona virus to the point it has become a major threat to the pueblo’s and tribe’s sure existence and preserving their culture and traditions. The elders of the pueblos and tribes are highly respected and carry on and preserve the many traditions of their culture, including their unwritten languages and traditions. It’s the Native American elder who live on the reservations that are the most threatened by the virus.

Least anyone forget, the Navajo Code talkers were instrumental during World War II and this country’s fight to preserve our freedoms from Hitler’s Nazi Germany. It was the Navajo language that proved to be an “unbreakable code” by the Nazi’s during World War II. The World War II Navajo Code talkers who are still alive today are in their 90’s and will soon no longer be with us, but their traditions must be preserved by their tribes.

The idiots that desecrated the New Mexico flag and the ZIA symbol to make it look like a Nazi Swastika no doubt think they are patriots but they are within their rights. They are exercising their first amendment rights of free speech and expression, but that does not make is morally correct. What they are really doing is showing a degree of racism and exhibiting a form of hate speech that in no uncertain terms needs to be condemned.

The last thing New Mexico needs in these difficult times dealing with a pandemic is a bunch of idiots and fools that are insensitive to New Mexico’s symbols, cultural history and Native American traditions. The protesters who desecrated the New Mexico State Flag with a Nazi Swastika need to be told in no uncertain terms to take their hate speech elsewhere because it does not belong here. While they are at it, they can go to hell and take their Nazi Swastika with them.

____________________________________

On May 26, this blog article was posted on the Farmington Tribune FACEBOOK page. Within a few hours, the newspaper sent a single short question “What is “hate speech”? Following is the response sent:

“Thank you for your question. A newspaper asking for a definition of a term used in a political commentary article is a new one for me.

The First Amendment to the United States Constitution protects speech no matter how offensive its content. Hate speech is not confined to speech that expresses hate or encourages violence towards a person or group on the basis of race, ethnicity, gender, religion, age, or disability. Symbols can be a form of hate speech.

Under US Supreme Court rulings, the desecration of the New Mexico flag to convert the Native American ZIA symbol to a swastika was protected free speech as were the written words on the placard “WHAT’S NEXT? CONCENTRATION CAMPS? … . Combined, the desecrated flag and the reference to concentration camps conveyed the Nazi Swastika.

The Nazi Swastika is a hate symbol, a form of hate speech. According to the Anti Defamations League (ADL), “Since 1945, the swastika has served as the most significant and notorious of hate symbols, anti-Semitism and white supremacy for most of the world …”.

https://www.adl.org/education/references/hate-symbols/swastika

White Supremacy is not confined to anti-Semitism, but includes most minorities, including native Americans.

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

One gave the ultimate sacrifice during time of war.

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

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also saw extensive combat in World War II. My Uncle Alex Freques served in England and was in the Air Force. My uncle Fred Freques saw extensive action in the US Army infantry to the point that he refused to talk about what he saw to to anyone. After the war, my Uncle Fred returned to Albuquerque and raised a family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

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

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

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister, Pauline were born and raised in Albuquerque and went to Bosque Prep. Mathew is a Major and Brandon is a Captain in the United States Marine Corps and both are climbing the promotion ladder in the Marine Corps. My nephew Captain Brandon Barnes is a graduate of the US Naval Academy. My nephew Major Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan and is currently on a tour of duty.

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

Your service and sacrifices will never be forgotten. God bless you all and God Bless this great country of ours!

On May 21, Governor Michelle Lujan Grisham announce the appointment of Bianca Ortiz Wertheim, chief of staff under U.S. Sen. Tom Udall, as the new cabinet secretary for Department of Homeland Security and Emergency Management. The appointment does require State Senate confirmation but she can serve in the position until her Senate Confirmation. Cabinet secretaries are paid $150,000 to $156,000 a year.

Ortiz Wertheim has worked as chief of staff under United States Senator Tom Udall who is not running for another term and who is retiring from the United State Senate. Prior to being employed for Udall, Ortiz Wertheim worked for then-Albuquerque Mayor Martin Chávez as his Chief of Staff. She also served in Governor Bill Richardson’s administration and as a strategic manager for the American Cancer Society. Bianca Otiz Wertheim is the wife of prominent Santa Fe trial attorney John Wertheim who is a former Chairman of the State Democratic Party.

https://www.abqjournal.com/1458276/ortiz-wertheim-to-lead-nm-homeland-security.html?fbclid=IwAR25_vYYQnRFjrF-3mmpPJbSDHBcY1IXxLuaXmpQuslGKKqU2eMejAjcRec

JACKIE LINDSEY RESIGNATION

The cabinet position of Secretary of Homeland Security has been vacant since November 26, 2019 when Jackie Lindsey resigned. The Lindsey resignation came just a day after Governor Michelle Lujan Grisham, Attorney General Hector Balderas, members of the state’s congressional delegation and House Speaker Brian Egolf met with her on efforts to combat potential domestic terrorism in New Mexico. The timing of her resignation raised questions as to the real reason for it.

Lindsey said in her resignation:

“After careful consideration, I have decided to resign as the Cabinet secretary of the Department of Homeland Security and Emergency Management to focus on my family and my health.”

Former Secretary Jackie Lindsey was clearly highly qualified and considered by many at the time as one of the Governor’s better appointments. Before becoming a Cabinet secretary, Lindsey was captain of homeland security and emergency management for the Albuquerque Fire Department, where she had worked for 17 years. She was captain of fire investigations for the department before that, and she served 10 years on the former New Mexico Urban Search and Rescue Team unit. Sources have confirmed that Jackie Lindsey is back with the City of Albuquerque under contract working as a liaison assisting the city with the pandemic.

https://www.santafenewmexican.com/news/local_news/new-mexico-homeland-security-secretary-to-step-down/article_fa3b2685-6fd9-566b-abe9-347d8de83683.html

Analysis And Commentary

The appointment of Bianca Ortiz Wertheim is raising more than a few eyebrows in Santa Fe. It is also raising questions within law enforcement of why the Governor is making the appointment now and why this person. The Cabinet Position of Secretary of Homeland Security has been vacant since late November when secretary Jackie Lindsey stepped down.

According to the State Website, Department of Homeland Security and Emergency Management coordinates the State’s response to all hazard type events and supports local response. Emergencies and disasters are something caused by natural or human-made events or any other circumstances determined by the Governor. When necessary, the State assists local jurisdictions whose capabilities are overwhelmed serving as the conduit for assistance from the Federal government. The Department coordinates around the mission areas of the National Preparedness Goal: Prevention, protection, mitigation, response, and recovery.

https://www.nmdhsem.org/about-the-department/

Bianca Ortiz Wertheim is very personable, she and her husband John Werthheim are well liked within the Democratic Party and she has served essentially as Chief of Staff to two elected officials. The positions she has held in city, state and federal government have had very little or absolutely nothing to do with Homeland Security.

The Governor’s appointment appears to have been made based strictly on taking care of a political operative in search of a new job, a job that the Governor could not find nor create that would pay $150,000 a year. Bianca Ortiz Wertheim’s immense talents and abilities would be better suited in a position that she is in fact qualified to hold and more like Chief of Staff or Deputy Chief of Staff to the Governor. Bianca Ortiz Wertheim’s meager qualifications or lack of qualifications to be Secretary of Homeland Security will no doubt be an issue in any State Senate confirmation hearing.

For a related blog article see:

Governor Michelle Lujan Grisham Assembles Quality Cabinet and Staff