New Mexico In Depth an on-line news agency and is a member-supported, digital first, nonpartisan news organization. It was founded in 2012 as a response to ongoing downsizing among traditional news organizations. Its mission is to produce investigative, data-rich stories with an eye on solutions that can be a catalyst for change. The link to New Mexico In Depth is here:

https://nmindepth.com/about/

On April 22, “New Mexico In Depth” posted the following news report entitled “ABQ city councilor’s political group steps up to PAC” written by staff reporter Marjorie Childress:

“Another political season. Another new political group with a forgettable but vaguely feel-good name.

Every election cycle sees such groups pop up. They often go negative. As the 2022 election season heats up, New Mexico In Depth will focus specifically on how groups comply with reporting requirements, because they mandate that groups disclose information that helps the public discern what special interests, or ideological groups, are trying to influence their vote.

https://nmindepth.com/2022/abq-city-councilors-political-group-steps-up-to-pac%ef%bf%bc/

WORKING TOGETHER NEW MEXICO

Since commencing his term on the City Council on January 1, Louie Sanchez has aligned himself with all 4 Republicans on major Republican sponsored resolutions calling for the repeal of past Democrat initiatives. Sanchez has voted for the Republican sponsored repeals of Democrat sponsored legislation including the city policy mandating project labor agreements, the emergency powers given to the Mayor to deal with the pandemic and voted to repeal the ban on the use of plastic bags at businesses.

It was on March 14, Sanchez announced his new political action committee called the Working Together New Mexico PAC that will back “moderate” Democrats in a host of contested primary races. The Working Together PAC is registered as an independent expenditure committee, and for that reason it cannot coordinate with any other candidate’s campaign. It was also announced that political operative James Hallinan was hired as the its executive director of Working Together New Mexico. Hallinan is the principal owner of two political consulting firms “Intersection Strategies” and “Purple Strategies, LLC. You can read more about Hallinan and his controversial past in the postscript to this blog article.

Sanchez does not define what he means by “moderate” nor what the litmus test is to get the financial support of the PAC. However, based on the Sanchez votes and actions on the City Council, he likely means a plethora of conservative Republican causes that are contrary to Democratic core values and that support corporate interests over the working class

The Working Together PAC is registered as an independent expenditure committee, and for that reason it cannot coordinate with any other candidate’s campaign. Sanchez does not define what he means by “moderate” nor what the litmus test is to get the financial support of the PAC. However, based on the Sanchez votes and actions on the City Council, he likely means a plethora of conservative Republican causes that are contrary to Democratic core values and that support corporate interests over the working class.

Sanchez and his Working Together New Mexico PAC are seeking to elect “commonsense” Democrats in races for 6 House seats, 2 statewide offices and a Bernalillo County Commission District. Sanchez did not disclose the names of the other candidates for the New Mexico House, the 2 statewide offices nor the county commission. It is unknown if any endorsement will be made in the Bernalillo County Sherriff’s race which has 12 candidates running. Given the fact that Sanchez is an ex cop, it’s more likely than not an endorsement will be made in the Bernalillo County Sherriff’s race.

Sanchez had this to say in forming the PAC:

“It’s time for politicians to stop pandering to the far extremes and start solving our multitude of problems at home in New Mexico. … [The PAC looks forward to financial] support from fellow commonsense Democrats and the business community from around the state.”

Sanchez does not identify what it takes to be a “common sense Democrat”. Using the term “common sense” is a ploy taken out Republican playbooks to promote anything they propose believing the term gives the cause credibility in voters minds. Sanchez does not say if the business community around the state include Republican owned businesses, let alone if they have any common sense.

The link to quoted news source material is here:

https://www.abqjournal.com/2479331/pac-to-intervene-in-contested-democratic-races.html

SANCHEZ CALLS UNION MEMBERS SLUGS

It was on April 4 that the Albuquerque City Council voted 5 to 4 to repeal the Project Labor Agreement mandates passed by the City Council in December, 2021. The legislation was enacted in 2021 when the City Council had a 6-3 Democrat majority. After the 2021 municipal election, the Democrat majority was reduced to a 5-4 majority. Despite pleas from local labor unions to keep the Project Labor Agreement Ordinance in place, city councilors voted during the April 4 meeting to repeal the ordinance.

Three of the five councilors who voted to repeal the ordinance are new to the council and they are Republicans Dan Lewis and Renee Grout and West side Democrat Louie Sanchez. Democrat City Councilor Louie Sanchez joined all 4 of the bill’s Republican City Councilor sponsors Brook Bassan, Renee Grout, Dan Lewis and Trudy Jones to repeal the ordinance. Democrat City Councilors Isaac Benton, Pat Davis, Tammy Fiebelkorn and Klarissa Peña voted no to repeal.

Sanchez is a former APD police officer and was a member of the Albuquerque Police Officers Association. Sanchez retired after 26 years of service with the Albquerquerqu Police Department. He was in charge of Mayor Marty Chavez’ security detail. He is now employed as an insurance agent. In announcing his support of the repeal, Louie Sanchez had this to say:

“I know the competition is good. … I really feel everybody has to have a piece of the pie. … Another thing I know, because I was a union member for so long, is that, there is a lot of slugs in the union. I know that for a fact.”

UNIONS SEND MESSAGE TO SANCHEZ

On April 11, Mayor Tim Keller vetoed the repeal of the PLA ordinance. On April 18, the Albuquerque City Council failed to override Mayor Keller’s veto of the Project Labor Agreement ordinance on a 5-4 vote. Republicans Brook Bassan, Renee Grout, Trudy Jones, Dan Lewis and lone Democrat Louie Sanchez supported the override which is the same five that had previously voted for the repeal. Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn and Klarissa Peña voted against the override.

Representatives and members of unions throughout the city turned out in force to oppose the override of the Project Labor Agreement Ordinance veto and to essentially berate Sanchez for his name-calling. Union members from a variety of occupations jammed the council chambers. It was clear flexing of political muscle and sent Sanchez one of the strongest messages possible to an elected official. Councilor Sanchez district has a strong working-class constituency and believed to have never elected a Republican.

Trade union members spoke to the council in opposition to the override as dozens other union members stood in support. The unions argued that the agreements ensure apprenticeship and workforce development and keep contractors from misclassifying workers to pay them less than the applicable prevailing wage.
Councilor Sanchez’s comments “there’s a lot of slugs in the union” drew particular scorn with a warning. Bobby Baca of IBEW 611, the electrician union, told Sanchez:

“I choose to forgive you for what you said, but I will never forget and neither will our membership. What you said about union workers is totally wrong, and I believe you owe a public apology to everybody standing in this room.”

Sanchez for his part only made things worse by refusing to backdown and instead try to clarify his comments when he addressed the criticism prior to his voting to override and said:

“To make it clear, I didn’t call each and every one of you a slug – that’s not what my comment was. … My comment was that I’ve been in unions before, and I’ve been in unions that have had slugs that worked for them.”

REJECTING WORKING TOGETHER NEW MEXICO ENDORSEMENT

Working Together New Mexico made it known that it intended an planned on endorsing Democrate state House candidate Cherise Quezada. Quezada, whose husband Michael represents the South Valley and SW ABQ on the BernCo Commission, is seeking the Dem primary nomination in House District 26. The seat is being vacated by Rep. Georgene Louis following her DWI arrest. Quezada faces progressive former state Rep. Eleanor Sanchez in the Westside district.

Following his Sanchez’ remarks about unions, Cherise Quezada said she rejected the endorsement and had this to say:

“My name was thrown in with other candidates’ names labeled as “moderate democrats” they were planning to endorse. I’ve never worked with these individuals and I did not solicit their endorsement. I. . . denounce them. . .because (of) the recent disparaging remarks made about unions by the PAC’s chairman. I am a proud pro-choice, union supporting Democrat.”

COMMENTARY AND ANALYSIS

With his creation of Working Together New Mexico PAC, Louie Sanchez is saying he wants to be the new “King Maker” in New Mexico Politics. The antics of City Councilor Louie Sanchez forming a political action committee to promote “moderate Democrats” falls short given his support of very right wing Republicans who he supports as opposed to any of the Democrat’s. The city of Albuquerque is often vilified in the New Mexico legislature, especially in rural parts of New Mexico, often coming in on the short end of the stick when it comes to funding of major projects. Good examples include the centralized homeless shelter and major issues, such as crime legislation, affecting the city.

Albuquerque is viewed as the major source of many of the state’s problems, such as rising crime rates and homelessness. Now we have “big city” City Councilor Louie Sanchez who wants to stick his nose into Democrat New Mexico legislative politics that will likely result in even more resentment towards the city, especially if the Democrat incumbents prevail.

Freshman City Councilor Louie Sanchez has no business sticking his nose into Democratic races and establishing a PAC to unseat elected Democrats that no doubt know far more about their Districts than Sanchez and his PAC could ever hope to know or understand. But then again, Sanchez has hired a firm with extensive experienced in “opposition research” to run his PAC and do his bidding and his dirty work for him to disparage Democrat incumbents.

Democrat Louie Sanchez is now considered by many as a DINO (Democrat in Name Only), especially after forming a political action committee (PAC) to raise money and oppose incumbent Democrats in the legislature who he claims are too progressive or not moderate enough for his liking.

Albuquerque City Councilor Louie Sanchez is not up for re-election until 2025, but in less than 4 months in office he has managed to alienate so many Democrats to the point he has sown the seeds of opposition. Sanchez has also set himself up as the number one critic of APD and Chief Medina. City hall speculation is that Sanchez is already thinking about running for Mayor in 2025 or of supporting Dan Lewis for Mayor in 2025 who is also said to be running so that Lewis will appoint Sanchez APD Chief of Police. With any luck, Sanchez will be a one term city councilor.

A link to a related blog article is here:

https://www.petedinelli.com/2022/03/31/abq-city-councilor-louie-sanchez-aspires-to-be-new-mexico-king-maker-with-pac-to-oppose-2022-democrat-incumbents-pac-hires-executive-director-with-controversial-past/

__________________________________

POSTSCRIPT

James Hallinan is more than just a “professional political consultant”for Working Together New Mexico as its executive director. He is a “political operative” with a very controversial and dubious past. He is the principal owner of two political consulting firms “Intersection Strategies” and “Purple Strategies, LLC.

In the 2021 Albuquerque Municipal Election, Hallinan was the campaign consultant for City Council Candidate Louie Sanchez in his successful campaign to unseat City Council Progressive Democrat incumbent Lan Sena in the 2021 municipal election and was $16,679 for his work on the campaign. Hallinan was also involved with the PAC that supported Sheriff Manny Gonzales for Mayor over incumbent Mayor Tim Keller. During the 2021 municipal election, James Hallinan was the campaign manager for the measured finance committee known as “Save Our City”, the PAC headed by Sam Vigil, whose wife was killed in the early morning hours on her way to the gym by a fugitive from Mexico who was in the country illegally. According to the city clerk’s online campaign finance records for the 2021 municipal election, Hallinan was paid $60,680 for his campaign services for “Save Our City”.

James Hallinan is the Democratic political consultant who alleged that then candidate for governor Michelle Lujan Grisham poured water on his crotch and grabbed him during a staff meeting. Hallinan claimed the assault happened during a senior staff meeting held at Representative Deborah Armstrong’s home in the summer of 2018. In one news report, Hallinan said:

“She took a water bottle and dumped it on my crotch and then slapped and grabbed me in front of everybody. … It really fucked me up.”

Hallinan waited more than a year to come forward and claimed there was a reason for that saying:

“Her campaign manager convinced me not to report it to law enforcement, convinced me not to quit the campaign because I tried.” Ostensibly, he did not try hard enough and he could have simply not shown up for work.

NM State Representative Deborah Armstrong was asked if she saw the alleged assault on Hallinan in her home and she had this to say:

“I never witnessed any such thing.”

The Governor’s Office labeled Hallinan’s claims as “bizarre and slanderous”. The Governor and her staff denied the incident ever happened. The Governor’s Press Secretary disputed all of Hallinan’s claims, saying his time working with the campaign was “marked by frequent inappropriate and unprofessional behavior. Hallinan was so unprofessional … he was not offered a job in her administration.”

Hallinan sued the governor and an out of court settlement of $150,000 was reached paid by the Lujan Grisham for Governor Campaign. No taxpayer money was used to pay the settlement in that the incident occurred prior to Lujan Grisham being elected Governor. The Governor’s Office said the settlement was paid due to the expense of litigating business disputes, to prevent any distraction during the height of the COVID-19 pandemic and to avoid major distraction to the Governor and her staff.

https://www.krqe.com/news/albuquerque-metro/man-accusing-governor-of-sexual-abuse-speaks-out/

RADIO HOST ACCUSES HALLILAN OF EXTORTION

On November 19, 2021, the Albquerquerqu Journal reported that Albuquerque police investigated a local radio host’s complaint that James Hallinan tried to recruit her as a client or he would “expose private information” about a member of her family. Hallinan was named in an August 13 Albuquerque Police Department investigation report that cites “extortion,” “harassment” and “libel” as the potential offenses being reported by the radio host.

The Albuquerque Police Department released the offense report to the Albuquerque Journal in response to a request under the state Inspection of Public Records Act and in turn the Journal reported on the investigation. According to the Journal article, the police report details exchanges Hallinan had with Alyson Lamanna, cohost of “In the Morning with Jackie, Tony and Donnie” on 100.3 The Peak. Lamanna goes by Jackie on the show. According to the police report, Hallinan texted Lamanna at 10 p.m. and offered his services as a crisis manager. Hallinan told Lamanna that negative news about one of her relatives’ alleged involvement in online pornography was about to break “publicly at [some] point and within iHeartMedia corporate.”

Lamanna responded to Hallinan’s text that she didn’t know what he was talking about and told him “do not text me again.” Hallinan sent another text telling her he was surprised by her “aggressive” response and he texted:

“I can only imagine how you must feel … I was simply giving you a heads up and offering my services, and still am, in order to mitigate this situation as much as possible. It’s what I do for a lot of powerful and famous people around the country.”

According to the Journal report, Hallinan sent another set of texts on August 10th and he said:

“Hope you guys get a few winks tonight. … I felt you were very unprofessional and rude to me today when I gave you a heads up.”

Lamanna replied: “Do not contact me again.”

According to the Journal report, Hallinan took to Twitter to say he was hearing rumors iHeartMedia, owner of the radio station, was going to suspend Jackie and her husband, Tony, over “mounting allegations” that involved the relative. Officials from iHeartMedia in Albuquerque did not respond to a request by the Journal for comment.

The Albuquerque police officer wrote in his report that he responded to the iHeartMedia building in response to Lamina’s complaint that Hallinan was “threatening” her “by text messages to pay or they would expose private information about the caller.” The APD officer wrote:

“The continued texts and Twitter posts were done by Mr. Hallinan as he is knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person, and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress and, in speaking with Miss Lamanna, she was in substantial emotional distress.”

The police report said the case was forwarded to APD’s Central Impact team, which investigates crimes not covered by other specialty units. At the time of the Journal report, Gilbert Gallegos, a police spokesman, said the investigation was ongoing. The final disposition of the investigation is unknown and it has not been reported on by the Journal.

You can read the full Albuquerque Journal article quoted entitled “Radio host accuses strategist of extortion” at this link:

https://www.abqjournal.com/2447688/radio-host-accuses-strategist-of-extortion-ex-apd-officer-affirmed-the-woman-was-in-substantial-emotional-distress.html

On Monday, April 25, Mayor Tim Keller announced that he has nominated LaTesha Watson, Ph.D., as the new Superintendent of Police Reform to be confirmed by the Albuquerque City Council. She replaces Interim Superintendent of Police Reform Sylvester Stanley who was appointed to the job on March 9, 2021 but who announced his departure on December 1, 2021 after a mere 8 months on the job. If confirmed, she will lead the Albuquerque Police Department along with APD Chief Harold Medina. She will be the first African American woman to serve in a Deputy Chief Administrative Officer Position overseeing APD. What she will be paid was not released by the Keller Administration.

According to the published city job description for the position of Superintendent of Police Reform it is also a Deputy Chief Administrative Officer position paying $155,001.60 to $185,016.00 annually. It is an unclassified at-will position appointed by the Mayor subject to confirmation by the Albuquerque City Council. Mayor Tim Keller created the Superintendent of Police Reform position last year to help with the Court Approved Settlement Agreement (CASA) with the Department of Justice. The Superintendent oversees all APD academy operations including cadet training and education as well as Department of Justice (DOJ) reform efforts, internal affairs and has the final say on police disciplinary matters.

The link to the Job Description here:

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

Watson was one of 34 candidates for the superintendent. Other applicants included APD Deputy Chief Mike Smathers and Internal Affairs Force Division Lieutenant Matthew Caplan as well as chiefs of police and other law enforcement professionals from around the state and country.

DR. LATESHA WATSON

Dr. LaTesha Watson has 25 years of policing experience who most recently served as the director of the Office of Public Safety Accountability for Sacramento having served in that position since April, 2020.

“Dr. Watson began her law enforcement career in 1994 with the Hutchins Police Department in Hutchins, Texas and worked for the Lewisville Police Department in Lewisville, Texas before joining the Arlington, Texas Police Department in 2002. She was named Deputy Chief in 2014, becoming the youngest individual to hold that position in the history of the Arlington Police Department.
…
In addition to her law enforcement experience, Watson has a strong academic background that includes earning a Ph.D. in Management and Organizational Leadership, a Master of Science in Criminology and a Bachelor of Science in Criminal Justice. Dr. Watson is also an accomplished researcher who has studied police management, the history of policing and diversity issues in law enforcement. She emerged as Henderson’s police chief out of nearly 90 applicants screened for the position.

The Nevada newspaper stated that Dr. Watson was terminated for “showing a lack of respect for many employees represented by unions” in reference to a April 2019 letter obtained by the Las Vegas Review-Journal.”

The link to quoted news source material is here:

HTTPS://SACOBSERVER.COM/2020/05/CITY-OF-SACRAMENTO-NAMES-NEW-OPSA-DIRECTOR/

In her application letter for the job, Superintendent designate LaTesha Watson said this:

“Although police organizations are unique and experience different types of problems, police leaders must identify dysfunctional elements within organizations and effectively implement change. Great leadership upholding the highest standards encompassing integrity, accountability, and trust can only be experienced with strong support.”

“In September 2020, Watson filed a federal lawsuit alleging systemic discrimination based on race and gender. She said she was “undermined, conspired against, harassed, dehumanized, exposed to centuries old bigotry and experienced back-room retaliation from a city government and its cronies.

That lawsuit is pending.”

The link to quoted news source material is here:

https://www.abqjournal.com/2492895/mayor-selects-new-superintendent-of-police-reform.html

KELLER’S ANNOUNCEMENT

In a news release, Mayor Keller had this to say about his appointment:

“We’ve put a lot of work into considering what reform means for our community, and how we reach important goals that allow our department to do the best job of protecting and serving the people of Albuquerque. … This means putting leaders in place who understand that there’s a balance, and who will work to break down roadblocks.”

Chief Harold Medina for his part had this to say:

“We are turning the corner on reform at APD, and I look forward to working with Dr. LaTesha Watson to ensure the changes we are making will be both lasting and flexible enough to adapt to the needs of the community.”

Upon being appointed, Watson had this to say:

“It is an honor to be afforded this opportunity to serve in the City of Albuquerque. … The APD team, Albuquerque residents, Chief Harold Medina, and I will remain steadfast in effecting positive change while ensuring transparency, integrity, accountability, and commitment.”

Links to quoted news sources are here

https://www.abqjournal.com/2492895/mayor-selects-new-superintendent-of-police-reform.html

https://abq.news/2022/04/keller-nominates-superintendent-of-police-reform/

COMMENTARY

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

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

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

Although Mayor Tim Keller announced that a national search would be conducted to fill the position Superintendent of Police Reform, the process was not made public. The Keller Administration never released to the public the names of all the applicants nor the application process itself, including who was on the interviewing committee. It was never disclosed to the public if the city conferred with the Department of Justice or Federal Court Appointed Monitor Dr. James Ginger to get his take or input over the applicants.

Dr. Watson’s statement concerning the APD team and Medina’s pledge to “transparency, accountability, and integrity” must be viewed with some degree of skepticism and evidence that she has no idea who she is dealing with when it comes to Mayor Keller and Chief Medina for 3 reasons:

1) APD has never been in “operational compliance” with CASA reforms or mandated Use of Force Force Reporting Policy. In the November 12, 2021 Independent Monitors Report (IMR-14), the Federal Monitor reported Operational Compliance 62% after 7 years of the CASA. APD had to agree with the hiring of a External Use of Force Investigation Team (EFIT) to avoid a contempt proceeding and to deal with a backlog of 660 police use of force cases that APD unliterally decided not to investigate.

2) APD and Keller have violated City Council resolution R-15-148 in publicly reporting CASA compliance expenditures since the last quarter of FY19.

3) APD has not published an annual use of force report as required by the CASA since the end of calendar year 2019.

Further, Mayor Keller, known for never missing an opportunity for a news conference, announced the appointment of Dr. LaTesha Watson simply with a press release.

So much for transparency and full disclosure.

Coronado Park is considered by many as the heart of Albuquerque’s homeless crisis. Over the last 10 years, Coronado Park has essentially become a “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day.

At any given time, Coronado Park will have 70 to 80 tents crammed into the park with homeless wondering the area. It comes with and extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. Police 911 logs reveal a variety of other issues. In February 2019, police investigated a stabbing after a fight broke out at the park. One month before the stabbing, police responded to a call after a woman said she was suicidal, telling police on lapel camera video that she had previously made attempts to overdose on meth.

On Thursday, April 22, KRQE News 13 ran a story entitled “Albuquerque cleans up encampment at Coronado Park, homeless move back in” as reported by George Gonzales. Following is the transcript of the news story:

“The city of Albuquerque says the largest encampment in the city, Coronado Park, is sprawling with tents and homeless individuals. Crews were clearing it out and cleaning it up, just so the homeless campers could move right back in.

The city says they are doing the best they can to keep the area clean. The city is also working on a plan to designate empty lots around town as places for encampments. Those lots would have to be next to nonprofits that help the homeless. They would have bathrooms and security and they would not be allowed next to parks or within 300 feet of residential neighborhoods.”

The link to the KRQE News 13 story is here:

https://www.krqe.com/news/albuquerque-metro/city-cleans-up-encampment-at-coronado-park-homeless-move-back-in/

The link to the YOUTUBE story is here.

https://www.youtube.com/watch?v=UKZlr1jDtvE

The city sweep of Coronado park resulted in most if not all of the homeless moving their camp sites to the vacant lot where the Interstate Inn was located just south of Coronado park. The Interstate Inn was torn down in 2008. According to news reports at the time of the teardown, the Interstate Inn was a crime magnet. There was as many as 16 sex offenders all living at the Interstate in 2005 in addition to the constant drug busts. The Interstate Inn was a 2-story, 3 building motel complex that was condemned as being substandard and a nuisance and torn down by the City Safe City Strike Force.

ZONING CODE AMENDMENTS

On Wednesday, April 13, the City Council’s Land Use, Planning and Zoning Committee (LUPZ) met to consider two separate amendments updating the city’s 2017 enacted Integrated Development Ordinance (IDO) that regulates residential zoning development throughout the city. Two amendments were approved by the committee and 2 public hearings have been scheduled for both on April 26 by ZOOM.

The amendments are:

SAFE OUTDOOR SPACES (A12)

This amendment is for zoning changes that will allow city sanctioned “safe outdoor spaces”, also called “government sanctioned homeless campsites” where the homeless will be able to sleep and tend to personal hygiene. Not more than 5 sanctioned campsites will be allowed in any one of the city’s 9 city council districts, or 45 total campsites, and the campsites would be limited to 40 tents, cars or recreational vehicles. Ostensibly, a minimum 1,800 homeless city wide will be allowed to select the camp they want to use. The math is as follows: 5 sanctioned campsites times 9 council districts equals 45 times 40 tents, cars or recreational vehicles equals 1,800.

CONVERSIONS FOR AFFORDABLE HOUSING (A2)

This amendment would relax the rules when converting nonresidential properties, such as hotels or offices, to residential use. This amendment proposes to eliminates a requirement that each unit must have a full kitchen, namely an oven or cooking stove. It would permit a microwave or hot plate as an alternative, but only if the city is involved in the conversion project by providing affordable housing money.

EDITOR’S NOTE: Two public hearings on both amendments are scheduled for Tuesday, April 26 by ZOOM. The notice, times and links to the meetings can be found in the postscript to this blog article.

ALBUQUERQUE JOURNAL WEIGHS IN

On April 24, 2022, the Albuquerque Journal published a John Trever Editorial Cartoon he entitled “LAND OF ENCAMPMENT” to accompany an editorial entitled “Pitching a tent-cities plan, Sanction encampments worth a pilot project-if they lead to the removal of unsanctioned camps” .

JOHN TREVOR EDITORIAL CARTOON

The Trevor cartoon is entitled “LAND OF ENCAMPMENT”. The cartoon had two homeless campers with backpacks hitchhiking along a highway into Albuquerque. A sign to their left said ALBUQUERQUE NEXT 15 EXITS. A sign to their right said “LODGING” and below that appeared the lodging accommodations “TENT TOWN”, “KAMP KAWANAS”, “TENTPOLE CITY”, “PITCH IT PLACE”, “BIVOUAC VILLAGE” and “CAMPSAFEPLACE”. One homeless person is quoted as saying to another “I HEAR THE HOUSING MARKET IS REALLY TIGHT HERE!”

ALBQUERQUE JOURNAL EDITORIAL

On Sunday, April 25, the Albuquerque Journal published its editorial entitled “Pitching a tent-cities plan, Sanction encampments worth a pilot project-if they lead to the removal of unsanctioned camps”. Following are portions of the editorial worth noting:

“A City Council committee has advanced an amendment to the zoning code permitting up to 45 encampments in certain commercial, business park, manufacturing and mixed-use zones.
…
Unsanctioned homeless encampments have become de facto, even though sleeping in city parks, camping on freeway embankments and doing your dirty business on sidewalks are all illegal.

And the biggest unanswered question is still what will the city do with squatters who have no interest in the offers of shelter beds, motel vouchers or tent spaces?

The link to the full editorial is here:

https://www.abqjournal.com/2491948/webhedline-48.html

EDITOR’S COMMENTARY

The proposed zoning code amendment says the campsites would be permitted in certain “commercial, business park and manufacturing zones and in some mixed-use zones”, which means the Journal Center would qualify. Charitable organizations or service providers could lease vacant property in such areas, set up the camps and then deliver their services to the campers, including transportation, using the city Sun Van services.

ALBUQUERQUE’S HOMELESS NUMBERS

The Department of Housing and Urban Development (HUD) defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” HUD defines “unsheltered homeless” as “those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.”

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

On June 22, 2021, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless. The 2020 homeless count is 2.8% higher than in 2019 and 18.9% more than in 2017, despite the pandemic limiting the 2021 counting effort’s.

The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.
Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition.
21% said they were homeless due to COVID.
37% were experiencing homelessness for the first time.
12% were homeless due to domestic violence.
30.19% of the homeless in Albuquerque self-reported as having a serious mental illness.
25.5% self-reported as substance abusers.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

CITY’S HEAFTY FINANCIAL COMMITMENT TO HELP HOMELESS

Albuquerque is making a huge financial commitment to help the homeless.

This past fiscal year 2021 ending June 10, 2021, city hall and the Keller Administration have spent upwards of $40 Million by the Family and Community Services Department to benefit the homeless or near homeless. The 2021 adopted city budget for Family and Community Services Department spent $5,688,094 for emergency shelter contract , spent $22,531,752 for affordable housing and community contracts, spent $3,384,212 for homeless support services contracts, spent $4,329,452 for mental health contracts and spent $2,586,302 for substance abuse contracts for counseling contracts.

The link to the 2021-2022 city approved budget is here:

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

Mayor Keller’s 2022-2023 proposed budget significantly increases the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915. The 2022-2023 proposed budget for the Department of Community Services is $72.4 million and it will have 335 full time employees, or an increase of 22 full time employees.

A breakdown of the amounts to help the homeless and those in need of housing assistance is as follows:

$42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than last year. (Budget page 101)
$6,025,544 total for emergency shelter contracts (Budget page 102.), down $396,354 from last year.
$3,773,860 total for mental health contracts (Budget page105.), down $604,244 from last year.
$4,282,794 total homeless support services(Budget page 105.), up $658,581 from last year.
$2,818,356 total substance abuse contracts for counseling (Budget page 106.), up by $288,680 from last year.

The link to the proposed 244-page 2022-2023 budget it here:

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

“TENT CITY, USA”

The National Law Center on Homelessness & Poverty is a national legal group dedicated to ending and preventing homelessness. It works to expand access to affordable housing, meet the immediate and long-term needs of those who are homeless or at risk, and strengthen the social safety-net through policy advocacy, public education, impact litigation, and advocacy training and support.

In 2017, The National Law Center on Homelessness & Poverty released a study entitled “TENT CITY, USA The Growth of America’s Homeless Encampments and How Communities are Responding” with the link here:

https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf

In 2018, the National Law Center on Homeless and Poverty released a study entitled “Welcome The Rise of Tent Cities in the United States” with the link here:

https://homelesslaw.org/wp-content/uploads/2018/10/WelcomeHome_TentCities.pdf

The following was gleaned from the studies prepared the National Law Center on Homelessness & Poverty:

Tent cities have been reported in the majority of states, 46 of 51 jurisdictions (including the District of Columbia). Of all of these, only 8 encampments had a legalized status. Three more were moving in that direction, meaning that through municipal ordinance or formal agreement, the tent city had been sanctioned by the community and was either allowed to self-govern or was created by service providers working with the city. Ten tent cities had at least a semi-sanctioned status, meaning that although not formally recognized, public officials were aware of the encampments and were not taking active steps to have them evicted.

https://homelesslaw.org/wp-content/uploads/2018/10/WelcomeHome_TentCities.pdf

“In the past decade, documented homeless encampments have dramatically increased across the country. Research showed a 1,342 percent increase in the number of unique homeless encampments reported in the media, from 19 reported encampments in 2007 to a high of 274 reported encampments in 2016 [the last full year for data], and with 255 already reported by mid 2017, the trend appears to be continuing upward. Two thirds of this growth comes after the Great Recession of 2007-2012 was declared over, suggesting that many are still feeling the long-term effects.

In order to be successful, legalized encampments require a tremendous amount of planning, consultation, and collaboration with all stakeholders, most especially the homeless residents of the encampment. In many cases, this time and effort may be better spent developing other interim or permanent housing solutions.”

https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf

COMMENTARY AND ANALYSIS

The city’s 2021 Point-In-Time (PIT) report found that there were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless. It also found Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count. It is the “unsheltered homeless”, or between 413 to 667 homeless that the campsites will likely be used by, yet the council wants to provide campsites to accommodate 1,800 adults.

The city does have a homeless crisis and for that reason the city and the county are spending millions a year in addressing the homeless crisis. Many who want to establish government sanction encampments have a hard time dealing with the facts that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no rules.

Government sanctioned homeless encampments will only encourage those who seek such encampments to continue with their lifestyle living on the streets. Providing a very temporary place to pitch a tent, relieve themselves, maybe even bath and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis.

It is the actual services that are being provided to the homeless that are critical to solving the homeless crisis. City sanctioned homeless camps will defeat any real progress being made by the city. The answer is to provide the support services, including food and lodging, and mental health care and counseling needed to allow the homeless to turn their lives around and become productive citizens and be self-sufficient and no longer dependent on others.

PERMANENT SHELTERS NEEDED, NOT TENT ENCMAPMENTS

Research shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments. If that is the case, the city is making significant progress in managing our homeless crisis. The city is doing it the right way. Given the millions the city is spending each year and what the city is building, the city needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

The City of Albuquerque has at least 10 separate homeless service provider locations throughout the city and the Westside 24-7 shelter. The city will be spending upwards of $60 Million to help the homeless this next fiscal year that starts on July 1, 2022.

It was on Tuesday, April 6, 2021, the city officially announced it had bought the massive 572,000-square-foot Lovelace Hospital Complex on Gibson for $15 million and will transform it into a Gateway Center for the homeless and the complex will be only 1 of 3 multisite homeless shelters being planned. The emergency shelter and services hub is slated to provide overnight beds for 50 women by year’s end. The city has also said it could eventually host up to 100 adults and 25 families at a time.

The 572,000-square-foot complex could likely accommodate far more shelter space if properly planned and remodeled. Former hospital patient rooms with bathrooms and showers, as well as offices and treating rooms could be remodeled into temporary housing facilities.

NOT A CRIME TO BE HOMELESS

What is happening in Albuquerque is that the homeless are becoming more and more visible to the public by their camping anywhere they want and for as long as they can get away with it. The problem is complicated when the city, and for that matter private property owners, do not intervene with aggressive action to remove encampments.

Camping on public property is not allowed but people experiencing homelessness have constitutional rights. The blunt truth is being homeless is not a crime and arresting and jailing is not a solution.

https://www.krqe.com/news/politics-government/the-process-behind-removing-homeless-camps-from-public-places/

The Albuquerque Police Department (APD) and city workers have in the past done “sweeps” of unsheltered people from parks, sometimes arresting them, citing them for trespassing or loitering and taking and disposing of their property. APD is limiting its enforcement of trespassing and vagrancy laws relying on citations as opposed to making arrests as a result of federal litigation.

Alleged seizures of property and identification records of the homeless by APD likely violates the 2017 settlement agreement in the federal case of McClendon v. Albuquerque, which prohibits Albuquerque police from seizing or disposing of property or personal identification unless they are “authorized by law.” The point of the lawsuit was that police were arresting and incarcerating so many people that the jail was severely overcrowded with the settlement meant to reduce the number of people in jail. To that end, it also prohibits Albuquerque police from even asking for identification if they have reason to believe that the person is mentally ill or homeless.

https://sourcenm.com/2021/09/17/albuquerque-police-still-sweeping-homeless-camps-despite-cdc-guidelines/

PROCESS IN PLACE

The process the city has in place to deal with homeless encampments is a long process from when the city gets a complaint about a homeless camp to when it gets cleared out, if it ever gets cleared out. That needs to changed immediately and more can be done.

There are multiple steps the city follows when no law enforcement sweep actions happen. When an encampment is reported and a complaint filed, the Family and Community Services Department and Albuquerque Community Safety sends outreach providers to speak to the people to see what services they might want and what services can be offered.

After the assessment, written “notices to vacate” are issued and people have 72 hours to clear the area of their personal property and belongings. The camps are then cleared by the city, but it does not always stay that way. Neighbors, and area property owners and the homeless population are stuck in a vicious cycle of filing 311 reports and calling APD and filing complaints and getting camps cleared out, then the camps moving back in.

https://www.kob.com/albuquerque-news/city-official-answers-questions-on-homeless-encampments-in-albuquerque/6317454/

The city claims the only time the city can immediately clear out a camp is if it is putting the campers or community members in danger. That is not the case if the city relies on its nuisance abatement laws and declares encampments on city property nuisances and the Mayor orders clean up and removal. The city does have the west side 24-7 homeless shelter which is located 20 miles outside the city and located in the old vacated jail that can be offered and where the homeless can go.

The city has one “encampment team” made up of seven people. The encampment teams should be increased to at least 4 that can patrol the streets and take action on a daily basis. Their job would be to respond to reported encampments set up on public property, and give the people living there “written notice” that they have to go. Once their time is up, the encampment team checks in to make sure the people have in fact moved. Once the encampment has been vacated, the city cleans up whatever is left behind at the camp which includes many times trash and needles for elicit drug use.

https://www.krqe.com/news/politics-government/the-process-behind-removing-homeless-camps-from-public-places/

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” and forcing them to move on.
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POSTSCRIPT

NOTICE OF PUBLIC HEARINGS BY ZOOM

On April 20, the Albuquerque City Council published and emailed the following notice for 2 separate ZOOM hearings with links to attend:

“City Council staff is offering two opportunities to provide a review of amendments already passed by the Land Use, Planning and Zoning committee in addition to any new amendments the City Council may consider at their May 2nd meeting, pertaining to the Integrated Development Ordinance (I.D.O.)

Both meetings are on Tuesday, April 26th at 12pm and 5:30pm via ZOOM.

Safe Outdoor Spaces (A12) and Conversions for Affordable Housing (A2) provide ways to provide safe areas and increase the availability for much needed housing and services.

ZOOM Links for April 26

12PM SESSION:

Join Zoom Meeting

https://cabq.zoom.us/j/89269582954?pwd=SUdUd0VsQWZ3UnBlYlBQUVgrR0gyUT09

Meeting ID: 892 6958 2954
Passcode: 709450
One tap mobile
+16699006833,,89269582954# US (San Jose)
+12532158782,,89269582954# US (Tacoma)
5:30 P.M. SESSION:

Join Zoom Meeting

https://cabq.zoom.us/j/85356524809?pwd=NXk3aURQcUNVbTQ0VktCTVhMWFRqQT09

Meeting ID: 853 5652 4809
Passcode: 205822
One tap mobile
+16699006833,,85356524809# US (San Jose)
+12532158782,,85356524809# US (Tacoma)

On Wednesday, April 13, the City Council’s Land Use, Planning and Zoning Committee (LUPZ) met to consider two separate amendments updating the city’s 2017 enacted Integrated Development Ordinance (IDO) that regulates residential zoning development throughout the city. Two amendments were approved by the committee and 2 public hearings have been scheduled for both on April 26 by ZOOM.

The amendments are:

SAFE OUTDOOR SPACES (A12)

This amendment is for zoning changes that will allow city sanctioned “safe outdoor spaces”, also called “government sanctioned homeless campsites” where the homeless will be able to sleep and tend to personal hygiene. Not more than 5 sanctioned campsites will be allowed in any one of the city’s 9 city council districts, or 45 total campsites, and the campsites would be limited to 40 tents, cars or recreational vehicles. Ostensibly, a minimum 1,800 homeless city wide will be allowed to select the camp they want to use. The math is as follows: 5 sanctioned campsites times 9 council districts equals 45 times 40 tents, cars or recreational vehicles equals 1,800.

CONVERSIONS FOR AFFORDABLE HOUSING (A2)

This amendment would relax the rules when converting nonresidential properties, such as hotels or offices, to residential use. This amendment proposes to eliminates a requirement that each unit must have a full kitchen, namely an oven or cooking stove. It would permit a microwave or hot plate as an alternative, but only if the city is involved in the conversion project by providing affordable housing money.

NOTICE OF PUBLIC HEARINGS BY ZOOM

On April 20, the Albuquerque City Council published and emailed to interested parties the following notice for 2 separate ZOOM hearings with links to attend:

“City Council staff is offering two opportunities to provide a review of amendments already passed by the Land Use, Planning and Zoning committee in addition to any new amendments the City Council may consider at their May 2nd meeting, pertaining to the Integrated Development Ordinance (I.D.O.)

Meeting ID: 853 5652 4809
Passcode: 205822
One tap mobile
+16699006833,,85356524809# US (San Jose)
+12532158782,,85356524809# US (Tacoma)

COMMENTARY AND ANALYSIS

The city council’s notice of both hearings that says “These amendments are critical” interjects and element of biasness that the council has essentially decided what to do and now is soliciting supporters to advocate for the amendments. Simply put, this is wrong!

Any interested party who opposes the amendments are encouraged to attend the ZOOM hearings and voice their concerns. If you can not attend either of the two hearings, please email you concerns to your city councilor and ask that it be made part of the record that could aide in future litigation. The email address to contact each city councilor are as follows:

lesanchez@cabq.gov

rgrout@cabq.gov

lrummler@cabq.gov.

SAFE OUTDOOR SPACES (HOMELESS ENCAMPMENTS)

The proposed zoning changes to allow for homeless campsites can be summarized as follows:

1. Not more than 5 sanctioned campsites will be allowed in any one of the city’s 9 city council districts, or 40 total campsites, and the campsites would be limited to 40 tents, cars or recreational vehicles. Ostensibly, a minimum 1,800 homeless city wide will be allowed to select the camp they want to use. The math is as follows: 5 sanctioned campsites times 9 council districts equals 45 times 40 tents, cars or recreational vehicles equals 1,800.

7. The campsites would be permitted in certain commercial, business park and manufacturing zones and in some mixed-use zones after a public hearing.

According to City Officials, in most instances, the encampments would be set up and managed by churches or nonprofits.

The City Council amendment to the Integrated Development Ordinance will allow 5 sanctioned homeless campsites in each of the city’s 9 city council districts, or 45 total sanctioned campsites spread throughout the city, and allowing 40 tents, cars or recreational vehicles in each campsite, or ostensibly for a total of 1,800 homeless to camp. This is the best example of elected officials’ good intentions that will go awry making a crisis even worse. A total of 45 sanctioned campsites, coupled with $59,498,915 million in spending for the homeless, will likely have the unintended consequence of making Albuquerque an even bigger magnet for attracting the homeless to the city.

Any city councilor or any member of the general public that thinks 45 city sanctioned campsites with upwards of 40 occupants spread throughout the city is somehow “good idea” need to have their head examined. All they need to do to realize this is a very bad idea is to take a tour of the Coronado Park located near I-40 and 2nd street. As of April 17, the public park has upwards of 60 tents with the homeless wondering the park and the surrounding area.

Coronado Park is considered by many as the heart of Albuquerque’s homeless crisis. It comes with and extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. Police 911 logs reveal a variety of other issues. In February 2019, police investigated a stabbing after a fight broke out at the park. One month before the stabbing, police responded to a call after a woman said she was suicidal, telling police on lapel camera video that she had previously made attempts to overdose on meth. Officers then took her to get help.

https://www.kob.com/albuquerque-news/police-records-depict-pattern-of-problems-violence-at-coronado-park/5891961/

On August 20, 2020, the City of Albuquerque paid more than a half-million dollars for a small piece of property with a two story office building at 2040 Fourth Street NW, right next to Coronado Park. For decades, the two story office building housed the law firm Dubois, Cooksey & Bischoff. Reports were that the homeless use of the park became so bad that the firm felt it had no choice but to sell to the city and threatened an inverse condemnation action against the city.

https://www.krqe.com/news/albuquerque-metro/city-buys-old-law-office-property-near-coronado-park/

City officials have said Coronado Park is the subject of daily responses from the encampment team because of the number of tent’s set up there. They say the encampment team, along with Parks and Recreation Department , and Solid Waste go out every morning, during the week, to give campers notice and clean up the park. They also work on getting them connected to resources and services they may need.

https://www.krqe.com/news/politics-government/the-process-behind-removing-homeless-camps-from-public-places/

The city does have a homeless crisis with around 1,500 homeless in any given night in the metro area. The city and the county for that reason are spending millions a year in addressing the homeless crisis. It is the actual services that are being provided to the homeless that are critical to solving the homeless crisis.

The Family and Community Services Department is being given $60 million dollars to deal with the homeless in the 2022-2023 budget. City sanctioned homeless camps will defeat any real progress being made. Government sanctioned homeless encampments will only encourage those who seek such encampments to continue with their lifestyle living on the streets. Providing a very temporary place to pitch a tent, relieve themselves, maybe bath and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis.

The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around and become productive citizens and self sufficient and no longer dependent on others.

CONVERTING TEMPORARY LODGING INTO PERMANENT HOUSING

The second amendment to update the Integrated Development Ordinance (IDO) is sponsored by Democrat City Councilor Isaac Benton. It would relax the rules when converting nonresidential properties used for temporary lodging, such as hotels or motels, to full time residential use. The proposal eliminates a requirement that each unit must have a full kitchen, namely an oven or cooking stove. It would permit a microwave or hot plate as an alternative, but only if the city is involved in the conversion project by providing affordable housing money.

During the LUPZ committee meeting, citizens testified that they worried the city was creating unsuitable housing options. Greg Weirs of the Nob Hill Neighborhood Association had this to say:

“This amendment [relaxing the rules to convert nonresidential properties] would create a new problem for those who cannot afford market-rate rent. … We’re concerned that if passed this amendment will incentivize substandard affordable housing, which will entrench the challenges faced by those it purports to serve.”

Republican City Councilor Brook Bassan took issue Weir’s the argument. The Councilor said she use to cook on a hot plate and did not consider it “substandard or a punishment.” She said the city must attempt new solutions. Bassan added and that her own Northeast Heights council district should be willing to shoulder some of the burden when it comes to the homeless because the status quo is problematic.

The link to quoted news sources is here:

https://www.abqjournal.com/2489290/council-to-consider-sanctioned-encampments.html

“I know the competition is good. … I really feel everybody has to have a piece of the pie. … Another thing I know, because I was a union member for so long, is that, there is a lot of slugs in the union. I know that for a fact.”

Thus spoke Albuquerque City Council Louie Sanchez on April 4, 2022 voting with 4 Republicans to repeal “City Project Labor Agreement” requirement.

ENACTMENT OF PROJECT LABOR AGEEEMENT MANDATE

It was on December 6, 2021, the Albuquerque City Council voted 6-3 to amend the city’s “Public Purchases Ordinance” to require Project Labor Agreements (PLA’s) on all future city construction projects that cost at least $10 million and that employ workers from at least three crafts according to the ordinance. According to the enacted ordinance, a PLA is defined as “pre-hire collective bargaining agreement with one or more labor organizations or with their representatives that establishes the terms and conditions of employment” on a specific city construction project. General contractors who successfully win applicable city projects will now have to execute a PLA that governs all construction work.

Not at all surprising, the ordinance was condemned as “pro union”. It was strenuously opposed by the Greater Albuquerque Chamber of Commerce, the real estate and development community including the National Association of Commerce and Industry (NAIOP) and other business organizations and conservative Republican “right to work” proponents. The bill was enacted on a 6 to 3 vote. Voting YES for the measure at the time were all Democrat City Councilors Cynthia Borrego, Pat Davis, Lan Sena, Isaac Benton, Diane Gibson and Klarisa Peña. Voting NO were Republicans Trudy Jones, Don Harris and Brook Bassan.

https://www.abqjournal.com/2452234/city-council-denies-100-million-facilities-plan-ex-bond-proposal-would-have-used-all-of-the-citys-recent-savings.html

The postscript to this blog article contains a discussion of PLA’s in the city’s past elections and 10 reasons for them.

PROJECT LABOR AGREEMENTS EXPLAINED

Project Labor Agreements also known as PLAs have been around for decades and are collective bargaining agreements between building trade unions and contractors. A project labor agreement under the ordinance is defined as a “pre-hire collective bargaining agreement” with one or more labor organizations that establishes the terms and conditions of employment for a specific public works construction project. They govern terms and conditions of employment for all craft workers, union and nonunion, on a government construction project. PLA’s mandate the use of a skilled labor force and licensed workers such as plumbers, electricians and carpenters in construction contracts and mandate the payment of prevailing union wage to both union and nonunion workers.

In the City of Albuquerque, only 14% of the construction workforce are union employees. Federal legislation allows the use of project labor agreement, which are essentially a pre-hire collective bargaining agreement to establish employment terms, including wages and working conditions on construction projects.

https://smallbusiness.chron.com/benefits-project-labor-agreement-39456.html

https://aflcio.org/what-unions-do/empower-workers/project-labor-agreements

PLA’s are controversial on a number of levels and are highly vilified by anti-union and “right to work” advocates and Republicans. Under the National Labor Relations Act, construction contractors and employees have the right to choose to unionize or not to unionize. The vast majority of contractors and their employees voluntarily opt against unionization. A project labor agreement requires all contractors, whether they are unionized or not, to pay the going rates or hourly wages paid to skilled and licensed labor. The most common objection voiced against PLA’s is that qualified non-union contractors who wish to make lower-cost bids, and employees who wish to work non-union, are locked out of government construction projects. Another opposition argument is that use of PSA’s usually results in cost overruns and higher construction costs for taxpayers.

https://www.nrtw.org/what-is-a-project-labor-agreement-and-how-does-it-affect-workers/

REACTION TO ORDIANCE

The bill was formally introduced without discussion at the November 15, 2021 City Council meeting and was not heard by a City Council committee ahead of December 6 city council vote.

The councilors and supporters of the PSA ordinance argued that it woud enhance transparency and ensure that a properly trained and compensated workforce builds city facilities. Not at all surprising local construction industry representatives called the ordinance “unfair and anti-competitive” and questioning why there has not more public discussion.

Then Democrat City Councilor Cynthia Borrego had this to say in a written statement:

“[The ordinance commits the city] … to project labor from NM Building and Construction Trades Council — New Mexico labor. It will ensure experienced and professional labor-qualified and certified workers build City projects and that the City constructs the highest quality infrastructure and projects.”

Then Democrat City Councilor Lan Sena for her part said supported PLAs because they clearly outline the terms of each project, whether it’s worker pay and benefits or management rights, and because the city would require each agreement to include an apprenticeship component, which she said will help boost the local workforce. Sena said this:

“PLAs provide stability, predictability and diversification of our local jobs and training a labor force.”

Carla Kugler, president and CEO of Associated Builders and Contractors’ New Mexico chapter, complained she only learned of the proposal a few weeks ago and had this to say:

“Something so controversial and something that has this much impact on the construction community should be worth investing a little time and thought in it. … [This ordinance is] a handout for organized labor forced upon our construction community and workforce. … [There is no need for PSA’s to ensure contractors pay workers properly] . … There is oversight [already on city projects] … The Department of Workforce Solutions oversees everybody’s pay — union and non-union.”

Republican City Councilor Trudy Jones called the proposal “short-sighted” and said she felt it is unnecessarily pit unions against none union businesses and put it this way:

“I’m not opposed to unions. … I just believe that we shouldn’t interfere this way.”

EDITOR’S COMMENTARY: Yeah, right Councilor Trudy Jones, you are the only right-wing Republican in the United States not opposed to unions.

Democrat Lan Sena took strong issue with the accusation that the ordinance was rushed saying similar legislation had been debated locally before and she stated:

“This isn’t anything new, especially since the county has participated in this as well. ”

Sena said she supports PLAs because they clearly outline the terms of each project, including worker pay and benefits and management rights, but also because the city would require each agreement to include an apprenticeship component, which she said will help boost the local workforce.

Sena put it this way:

“PLAs provide stability, predictability and diversification of our local jobs and training a labor force. ”

Sena added the ordinance will not prevent non-union firms from winning jobs as long as they enter into the requisite PLA.

The Bernalillo County Commission passed a similar ordinance in 2020, though it has not yet applied the new requirement to any projects.

SUPPORT EXPRESSED IN CONTRUCTION INDUSTRY

Over the past 3 years fiscal years, the city had 6 major projects that would have met the requirements for a PLA now required by the new ordinance.

Troy Beall, CEO of B&D Industries, a local electrical/mechanical contractor said he supports PLAs. According to Beall, his firm currently employs upwards of about 700 union members. Beall believes a union workforce is better trained. Beall reported that his firm was called in as a subcontractor to help finish an over-budget and delayed Albuquerque International Sunport renovation a few years ago after the first electrical subcontractor walked off the job.

“I have a 40-year history in this community, and I don’t know of a job that’s ever failed [under a collective bargaining agreement]. It’s because we agree to a contract with individuals for our employees. … The union has been very good for our corporation.”

A link to quoted source material is here:

https://www.abqjournal.com/2451444/councilors-want-labor-agreements-on-large-city-projects.html

ELECTIONS HAVE CONSEQUENCES

It was outgoing Democrats City Councilors Cynthia Borrego and Lan Sena who sponsored the legislation. They left office on January 1, 2022. Democrat Borrego lost her bid for another term to conservative former City Councilor Republican Dan Lewis. Progressive Democrat Lan Sena, who was appointed by Mayor Tim Keller to fill the vacancy on the counsel the result of the death of Ken Sanchez, lost her bid for a full term to conservative Democrat Louis Sanchez.

https://www.abqjournal.com/2451444/councilors-want-labor-agreements-on-large-city-projects.html

On February 7, 2022, Republican City Councilors Dan Lewis, Brook Bassan, Trudy Jones, and Renée Grout introduced legislation to repeal Council bill O-21-80, which amended the City’s Public Purchases Ordinance to require the use of Project Labor Agreements. The 4 Republicans gave their rationale for the repeal in a statement that said:

“By repealing this requirement, we’d be reducing unnecessary requirements to getting much needed public works projects done while ensuring we are doing everything possible to keep construction costs from rising unnecessarily. … We want to ensure that Albuquerque continues improving infrastructure as quickly and efficiently as possible without eliminating our local, New Mexican businesses from opportunities.”

https://www.cabq.gov/council/find-your-councilor/district-5/news/city-councilors-seek-to-repeal-the-use-of-project-labor-agreements

On April 4 the Albuquerque City Council voted 5 to 4 to repeal the Project Labor Agreement mandates passed by the City Council in December, 2021. The legislation was enacted in 2021 when the City Council had a 6-3 Democrat majority. After the 2021 municipal election, the Democrat majority was reduced to a 5-4 majority.

Despite pleas from local labor unions to keep the Project Labor Agreement Ordinance in place, city councilors voted during the April 4 meeting to repeal ordinance. Not everyone supported the ordinance with some contractors speaking in favor of the repeal, saying the PLA would jeopardize the quality of work and impact schedules. The city council ultimately voted five to four in favor of nixing the law, only four months after passing it.

Three of the five councilors who voted to repeal the ordinance are new to the council and they are Republicans Dan Lewis and Renee Grout and West side Democrat Louie Sanchez. Democrat City Councilor Louie Sanchez joined all 4 of the bill’s Republican City Councilor sponsors Brook Bassan, Renee Grout, Dan Lewis and Trudy Jones. Democrat City Councilors Isaac Benton, Pat Davis, Tammy Fiebelkorn and Klarissa Peña voted no to repeal.

Republican City Councilor Trudy Jones acknowledged that while the original PLA ordinance does not preclude non-union contractors from bidding on major city projects, she said she felt it gives union shops an unfair edge and said:

“I am certainly not opposed to unions or union labor. However, I am opposed to giving preferential treatment to any group when it comes to bidding and working on City projects.”

Sanchez is a former APD police officer and has been a member of the Teamsters Union and a member of the Albuquerque Police Officers Association. Sanchez retired after 26 years of service with the Albquerquerqu Police Department. He was in charge of Mayor Marty Chavez’ security detail. He is now employed as an insurance agent. In announcing his support of the repeal, Louie Sanchez had this to say:

“I know the competition is good. … I really feel everybody has to have a piece of the pie. … Another thing I know, because I was a union member for so long, is that, there is a lot of slugs in the union. I know that for a fact.”

Mayor Tim Keller immediately after the repeal responded to the council’s decision in a tweet, calling it “another backward-looking proposal from the council.”

In a separate written statement, Keller called the repeal “way off-base, especially when the Council has far more pressing issues to address”.

Links to quoted news source material are here:

https://www.abqjournal.com/2488222/keller-trots-out-veto-pen-again.html

https://www.krqe.com/news/politics-government/albuquerque-city-council-repeals-labor-agreement-law/

MAYOR KELLER VETO

On April 11, Mayor Tim Keller vetoed the repeal of the PLA ordinance. Keller wrote in his veto message:

“We need City Council focused on the issues in front of us like crime, housing, and behavioral health, not trying to repeal good public policy like the PLA amendment. Simply put, it is premature and imprudent to repeal this ordinance before the impact of its provisions can be assessed. ”

Keller wrote that the ordinance was intended to “make certain that the City is being prudent with taxpayer money” by creating good-paying jobs and “career pipelines.” He also said the ordinance ensures accountability and workplace safety standards on public works projects that cost at least $10 million. Keller noted that the legislation had yet to be used as no projects have been completed under the ordinance, though two have gone out for bid with the PLA requirement.

Councilor Trudy Jones, who co-sponsored the repeal bill, called Keller’s action “childish” and “pandering to the unions.”

EDITOR’S COMMENTARY: Jones’ repeal vote was as partisan as it gets and nothing more than pandering to Republican right-wing contempt for unions and pandering to all her little buddies at NAIOP.

CITY COUNCIL FAILS TO OVERIDE KELLER

On April 18, the construction and development industry representatives urged the council to override Keller, arguing that the PLA requirement is unfair. Rhiannon Samuel of NAIOP New Mexico, the most prominent and influential commercial real estate development association in Albuquerque told the counsel:

“Mandating project labor agreements disproportionately disadvantages most of our trades workforce by failing to give them equal access to city contracts. ”

Representatives and members of unions throughout the city turned out in force to oppose the override of the Project Labor Agreement Ordinance veto and to essentially berate Sanchez for his name-calling. Union members from a variety of occupations jammed the council chambers. It was clear flexing of political muscle and sent Sanchez one of the strongest messages possible to an elected official. Councilor Sanchez district has a strong working-class constituency and believed to have never elected a Republican.

Trade union members spoke to the council in opposition to the override as dozens other union members stood in support. The unions argued that the agreements ensure apprenticeship and workforce development and keep contractors from misclassifying workers to pay them less than the applicable prevailing wage.

Councilor Sanchez’s comments “there’s a lot of slugs in the union” drew particular scorn with a warning. Bobby Baca of IBEW 611, the electrician union, told Sanchez:

“I choose to forgive you for what you said, but I will never forget and neither will our membership. What you said about union workers is totally wrong, and I believe you owe a public apology to everybody standing in this room.”

Sanchez for his part only made things worse when he addressed the criticism prior to his voting to override and said:

“To make it clear, I didn’t call each and every one of you a slug – that’s not what my comment was. … My comment was that I’ve been in unions before, and I’ve been in unions that have had slugs that worked for them.”

On April 18, the Albuquerque City Council failed to override Mayor Keller’s veto of the Project Labor Agreement ordinance on a 5-4 vote. Republicans Brook Bassan, Renee Grout, Trudy Jones, Dan Lewis and lone Democrat Louie Sanchez supported the override which is the same five that had previously voted for the repeal. Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn and Klarissa Peña voted against the override.

The link to the quoted news source is here:

https://www.abqjournal.com/2490161/keller-wins-latest-veto-battle.html

Mayor Tim Keller after the vote said in a statement:

“I want to thank the councilors who upheld the veto tonight for standing up for our taxpayers and our workers. Project Labor Agreements have been used to ensure quality and accountability on civic projects from the Hoover Dam to the Kennedy Space Center, and we’ll use them in Albuquerque to build our city and strengthen pathways to good careers.”

KELLER’S VETO RECORD: THREE UPHELD, ONE OVERIDE

The April 18 vote gave Keller his third veto victory out of four tries in the last 5 weeks. Keller succeeded in preserving mayoral power given during a public health emergency. The city council enacted a Dan Lewis’ sponsored bill barring the city from instituting covid vaccine mandates of city employees on 5-4 to revoke it, Keller vetoed it and the council failed to override the veto lacking the sixth vote necessary to override the veto. Keller failed in his attempt to salvage Albuquerque’s plastic bag ban repeal sponsored by Republican City Councilor Brook Basaan.

COMMENTARY AND ANALYSIS

On April 8, Sanchez showed his ignorance on a number of levels and was a damn fool when he said:

“I know the competition is good. … I really feel everybody has to have a piece of the pie. … Another thing I know, because I was a union member for so long, is that, there is a lot of slugs in the union. I know that for a fact.”

First, the APD police union that Sanchez was a member of under no circumstance can be considered a traditional “blue collar” trade union such as the building trade unions for certified and licensed plumbers, carpenters and electrician’s which is what Project Labor Agreements deals with and are all about. There are no such thing as PLA’s when it comes to law enforcement and they are for government construction projects.

Second, APD’s police union allows the management positions of Sergeants and Lieutenants to be union members, while trade unions do not allow management to be union members.

Third, it is common knowledge that the APD police union membership are conservative and very Republican leaning while trade unions for plumbers, carpenters and electrician unions are traditionally Democrat leaning.

Fourth: It is very doubtful that Sanchez has ever broken a sweat on the job like a plumber, carpenter or electrician has on a construction project. Sanchez was a sworn police officer and as head of the Mayor’s security detail was always talking into his sleeve at events or was responsible for driving Mayor Marty Chavez around as the air conditioner was on full blast in the summer and the heater on in the Winter. Chavez never endorsed Sanchez for city council which says a lot about both men.

PAC FORMED

Since commencing his term on the City Council on January 1, Louie Sanchez has aligned himself with all 4 Republicans on major Republican sponsored resolutions calling for the repeal of past Democrat initiatives. Sanchez has voted for the Republican sponsored repeals of Democrat sponsored legislation including the city policy mandating project labor agreements, the emergency powers given to the Mayor to deal with the pandemic and voted to repeal the ban on the use of plastic bags at businesses.

On March 14, Sanchez announced a new political action committee, or PAC, called the Working Together New Mexico PAC that will back “moderate” Democrats in a host of contested primary races. With his announcement, and less than 3 months on the city council , Sanchez is saying he wants to be a “King Maker” in New Mexico Politics.

The Working Together PAC is registered as an independent expenditure committee, and for that reason it cannot coordinate with any other candidate’s campaign.

Sanchez does not define what he means by “moderate” nor what the litmus test is to get the financial support of the PAC. However, based on the Sanchez votes and actions on the City Council, he likely means a plethora of conservative Republican causes that are contrary to Democratic core values and that support corporate interests over the working class.

CONCLUSION

Democrat Louie Sanchez is now considered by many as a DINO (Democrat in Name Only), especially after forming a political action committee (PAC) to raise money and oppose incumbent Democrats in the legislature who he claims are too progressive or not moderate enough for his liking.

Albuquerque City Councilor Louie Sanchez is not up for re-election until 2025, but in less than 4 months in office he has managed to alienate so many Democrats to the point he has sown the seeds of opposition. With any luck, Sanchez will be a one term city councilor.

_________________________

POSTSCRIPT

Mandating Project Labor Agreements (PLA’s) on city construction projects has always been controversial in Albuquerque. History and experience show it is a mandate that is long overdue and that has been prevented primarily because of Republican Mayor and Republican City Council opposition stoked by the Republican right wing leaning business community.

Former conservative and Republican Mayor Richard Berry was elected to serve two terms from 2009 until 2013. Berry was a construction contractor and developer in Albuquerque and was known to oppose anything and everything associated with unions and he actively supported for and lobbied for right to work legislation. During his entire 8 years as Mayor, Berry was at impasse with virtually all 7 of the city hall unions and their collective bargaining contract, especially the police union. During his first term in office (2009 to 2013) Berry unilaterally ordered the suspension of negotiated union contracts and refused to pay negotiated pay increases agreed to by his predecessor Mayor Martin Chavez. Berry even ordered pay cuts to forestall increasing taxes to deal with a deficit.

It was no secret that Mayor Richard Berry was the darling of the real estate development community and “right to work proponents” with Berry even lobbying for right to work laws in Santa Fe. Berry was also known to object to PSA’s. The National Association Of Industrial Office Parks (NAIOP) and Republican leaning organizations such of the Greater Albuquerque Chamber of Commerce, the Economic Forum and the New Mexico Business Coalition were big time supporters of Berry contributing thousands to his successful privately finance campaign for a second term in 2013 where he spent well over $1 Million to get elected to a second term in the lowest voter turnout in the city’s history. Berry won in a landslide with a 19% voter turnout.

In the 2013 Mayor’s race, PSA’s were made an issue, especially by NAIOP. During the NAIOP luncheon debate moderated by Albuquerque Journal Senior Editor Kent Waltz and attended by well over 300 people, Republicans Richard Berry and Paul Heh and Democrat Pete Dinelli were all asked their positions on PSA’s. Berry and Heh both said they were opposed, while Pete Dinelli said he agreed they were necessary. Dinelli pointed out that for any Mayor to be successful they must work with the city unions. Dinelli was literally booed by half of the audience watching, including Berry’s Chief Administrative Officer Rob Perry. Dinelli came very close to telling NAIOP to go screw themselves and walking out of the debate but he showed great restraint and stayed anyway to make a point. Restraint is not required of a person who is fully retired, free to think, say and do what they want, so to NAIOP, it’s a delight and a real treat to watch NAIOP membership to deal with project labor agreements before they can suck on the government tit and be paid with taxpayer money for government construction contract work.

VILIFYING GOVERNMENT WITH YOUR HAND OUT

It is always amazing how real estate developers and construction firms and organizations such as NAIOP and Republicans are so resistant to any and all government rules, and regulations such as building codes, electrical codes, plumbing codes and minimum construction standards proclaiming government overreach. To them, its irrelevant that building electrical, plumbing and safety codes protect the public health, safety, and welfare and taxpayer dollars.

Business Organizations such of the Greater Albuquerque Chamber of Commerce, the Economic Forum and the New Mexico Business Coalition and NAIOP never cease with their vilification of unions and government regulations proclaiming it interferes with their ability to compete and make a living and drives up their costs to do business and lowers profits. What is also interesting is that NAIOP membership are always first in line with their hands out to bid on city government contracts wanting multimillion dollar construction contracts, such as the $120 million ART Bus project, yet they vilify government.

LEGITIMATE REASONS FOR CITY PLA’S

Simply put, PSA’s are necessary in City government construction contracts for any number of legitimate reasons. Those reasons include:

1. The PSA’s mandate uniform wages, benefits, overtime pay, hours, working conditions, and work rules for work on major city construction projects
2. The PSA’s mandate that contractors on city construction projects have reliable and uninterrupted supply of qualified workers at predictable costs;
3. The PSA’s ensure that a government construction project will be completed on time and on budget
4. The PSA’s will ensure no labor strife by prohibiting strikes and lockouts and including binding procedures to resolve labor disputes;
5. PSA’s in projects over $10 million as mandated by the ordinance will make it easier to manage by placing unions under one contract, the PLA, rather than dealing with several unions that may have different wage and benefit structures;
6. The PSA ordinance includes provisions to recruit and train workers by requiring contactors to participate in recruitment, apprenticeship, and training programs for women, minorities, veterans, and other under-represented groups
7. The PSA reduces misclassification of workers and the related underpayment of payroll taxes and workers compensation.
8. The PSA ordinance will translate into a larger percentage of construction wages staying in the city and state.
9. The PSA will improve worker safety by requiring contractors and workers to comply with project safety rules.
10. The PSA requirement for city government construction projects will have a positive long-term economic benefit for the local and construction industry as a whole.

On Monday, July 14, 2020, Bernalillo County District Attorney Raúl Torrez filed a civil lawsuit to stop the New Mexico Civil Guard private militia from usurping the state’s military and law enforcement authority. The lawsuit was filed against the New Mexico Civil Guard and 14 of its members who “include some individuals associated with white supremacist and neo-Confederate organizations.” The legal action was filed after militia members took it upon themselves to protect a city-owned statue that depicted Spanish conquistador Juan de Oñate during a June 15, 2020 protest.

Georgetown Law’s Institute for Constitutional Advocacy and Protection is assisting with the lawsuit. It called the lawsuit the nation’s first civil suit by a district attorney to protect the public from paramilitary forces.

JUNE 15, 2020 PROTEST

During the June 15, 2020 protest, 5 to 6 heavily armed New Mexico Civil Guard members, some dressed in military camouflage, attended and tried to “protect” the sculpture. It was reported that the shooting occurred when at least 3 of the protesters attacked a person identified as Steven Baca who was walking away from them. Steven Baca was struck in the head with a skateboard and Baca drew a gun, shot numerous times, with one shot hitting one of the protesters. Steven Ray Baca was not a member of the New Mexico Civil Guard. The shot protester was rushed to the hospital and was listed in critical but stable condition and eventually released.

The shooting and violence resulted in the City taking the single figure of Onate in the sculpture grouping down. On June 16, the Albuquerque Police Department released a photo of the 13 guns and 34 magazines taken from militia members at the. In the APD photo there are 4 semi-automatic rifles. A controversy is now brewing over the handling of the protest by the Albuquerque Police Department (APD).

LAWSUIT FILED

The lawsuit argues that the New Mexico Constitution says civilian militias can only be activated by the governor and alleges the New Mexico Civil Guard is acting like law enforcement. According to the lawsuit, the New Mexico Civil Guard are acting like law enforcement by holding training sessions, outfitting themselves with military equipment and gear, and patrolling protests armed and in uniform without any legal authority to act in any kind of law enforcement capacity.

The lawsuit alleges that membership includes people associated with white supremacist and neo-Confederate ideology. According to the lawsuit:

“[NMCG has routinely used paramilitary tactics] at protests, demonstrations, and public gatherings throughout New Mexico, providing wholly unauthorized, heavily armed, and coordinated ‘protection’ from perceived threats.”

The federal civil complaint makes specific allegations that are alarming as to the actions of the New Mexico Civil Guard. Paragraphs 2, 4, 5, 7 and 8 of the complaint are succinct and outlines the “New Mexico Civil Guard” activities and what they are all about:

“2. The so-called “New Mexico Civil Guard” (NMCG) is not an organized police force or an organized part of the military. Nor is it affiliated with or overseen by the Government. Yet this group formed for the claimed purpose of maintaining the peace and both fashions itself and pretends to function as a part of the state military. NMCG’s coordinated, armed, and uniformed presence at public events results in intimidation and creates a chilling effect on the exercise of First Amendment rights to address matters of public concern. NMCG’s attempt to operate as a private police or military unit in Bernalillo County is a per se public nuisance that must be abated to protect public safety, allow the free and open use of public forums, and minimize violent armed confrontations.
… .
5. NMCG has unlawfully exercised and intends to continue to unlawfully exercise the power to maintain public peace reserved to peace officers. NMCG’s membership is not composed of peace officers, and New Mexico law clearly provides that NMCG and its members have no civil or military authority to maintain the public peace.”
… .
“7. This is a case about paramilitary action that threatens public safety and intimidates the public’s exercise of First Amendment rights. It is not a case about gun ownership, gun possession, or self-protection. Importantly, NMCG’s paramilitary activity is not protected by the Second Amendment, and the relief that the State seeks does not run afoul of Defendants’ Second Amendment rights. … .

“8. Nor is this a case about political viewpoints. To the extent NMCG has certain white supremacist ties, their viewpoint heightens the risk of violence at certain public events because of the antipathy they hold for particular groups of protesters. But the threat posed to public safety by paramilitary actions at public demonstrations or gatherings exists regardless of the paramilitary organization’s underlying ideology. Put simply, there is no place in an ordered civil society for private armed groups that seek to impose their collective will on the people in place of the police or the military. … .”

The link to the civil complaint filed is here:

https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/07/State-v.-NM-Civil-Guard-Filed-Verified-Complaint.pdf

https://www.cnn.com/2020/07/14/us/new-mexico-militia-group-lawsuit/index.html

The lawsuit is asking the court to bar the group from acting as an “unlawful military unit” and patrolling New Mexico streets on its own.

In the response to the District Attorney’s lawsuit, the group’s members contend they have a common-law right to keep the peace, carry weapons and assemble under the First Amendment to the United States Constitution.

A link to a related blog article is here:

https://www.petedinelli.com/2020/07/07/details-emerge-of-new-mexico-civil-guard-actions-at-june-15-onate-protest-wouldve-blown-his-brains-out-if-he-kept-shooting-learning-cool-things-and-barbecuing-on-fridays/

MAKING A MOCKERY OF PROCEEDINGS

The Bernalillo County District Attorney’s Office’s in an attempt to force the New Mexico Civil Guard to turn over records about its membership and activities scheduled the taking of the deposition Bryce Leroy Spangler Provance the former head of the New Mexico Civil Guard. Provance, a convicted felon, founded the group and was designated as its representative to appear for the deposition and answer relevant questions despite having been kicked out of the the group. The deposition was videoed taped.

Criminal defense attorney Paul Kennedy was present representing Provance. Kennedy is a former state Supreme Court justice, a well know political operative within the Republican Party who also represented Governor Suzana Martinez from time to time and Republican strategist Jay McClusky who is now running Mark Ronchetti’s campaign for Governor.

The deposition was taken on March 3, 2022. The deposition lasted a mere 12 minutes which was enough time for Province to made a mockery of the proceeding but also for him to give the District Attorney enough to seek a judgment against the group in the case.

The link to review the full 12-minute deposition is here:

https://www.youtube.com/watch?v=FgPkeGTdohI
The deposition of Province was taken by Attorney Mark Baker. Following are relevant portions of the deposition.

ATTORNEY MARK BAKER: “Say your full name and spell your last name for the record.”
PROVANCE: “No comment.”
ATTORNEY MARK BAKER: “You’re declining to identify yourself on the record?”
PROVANCE: “Yes.”
ATTORNEY MARK BAKER: “On what basis?”
PROVANCE: “Fifth Amendment right.”

EDITOR’S NOTE: Provance took from his coat a copy of the Declaration of Independence, the cover of a book by Arizona conspiracy theorist Milton William Cooper, and a piece of folded brown paper. Provance refused to describe the collection papers as anything more than “personal documents. When Baker asked to see the 3 items, all were marked as exhibits to the deposition and Baker asked questions on all 3.

ATTORNEY MARK BAKER: “So one is a torn piece of what looks like maybe a paper bag and has a picture of what looks like the devil and Georgetown Law and people inside in flames. Is that right?”

PROVANCE: “No. The devil’s in flames.”

EDITOR’S NOTE: The second drawing depicted Provance in a sexual act with a character labeled “Your Mom.”

Attorney Mark Baker: “What relevance does this have to the deposition today?”
Provance: “It was to make me smile when I had to look at you.”

DA Torrez and attorney Mark Baker have been seeking documents that show the membership, history and organization of the group. During the deposition, Provance claimed he destroyed all such evidence in a fit of anger after he and the group parted ways, but before he’d learned of an order to preserve the material for potential legal action. Provance testified:

“[I] shredded and burned all membership files. I shredded and burned anything regarding the structure of the New Mexico Civil Guard. I also poured bleach on the hard drive from my laptop and then burned it. … [I felt] bad after getting removed from the militia group, so I disconnected from the world, and I actually lived in a camper for a while. … And since I was the last individual, I reckon, to be served with this lawsuit, I did not know about the provisions to retain any of the documentation. ”

At one point, Provovince insisted that all of his answers to questions asked would be “no comment”.

After refusing to answer several more questions, Provance removed his microphone and walked out.

https://www.youtube.com/watch?v=FgPkeGTdohI

PLEADING THE 5TH

Provance brought to the deposition a copy of portions of the Declaration of Independence, but wouldn’t comment about it citing his 5th Amendment right against self-incrimination. Baker asked whether he thought that identifying the Declaration of Independence would incriminate him, or “pose the possibility of incriminating you?” Provance responded “No comment.”

During the deposition Provance said he was “a free man under the Constitution,” and as the founder of the militia organization retained all its documents. Provance said that after he was forced from the group, he destroyed all documentation, shredded and burned all the membership files and those related to the structure of the guard.

After 12 minutes of questioning, Provance got up and abruptly left and as he was leaving said “Have a lovely day.” Ostensibly,criminal defense attorney Paul Kennedy had no problem with his client abruptly cutting short the deposition in that he did not instruct his client to stay nor did he ever instruct Province to answer questions asked.

“BEHOLD A PALE HORSE”

During the videotaped deposition, Provance provided the DA’s attorney with a torn piece of paper that looked like the cover of the book, “Behold a Pale Horse” a book written by William Cooper and published in 1991.

During the deposition, attorney Backer asked “What is the subject matter of the book?” to which Provance replied “No comment.” Baker asked “Based on what?” and Provance replied “Fifth Amendment right. ”

Cooper was killed in in 2001 in a burst of gunfire outside his hilltop home in eastern Arizona. Cooper was a radio host who had attracted a rabid following among UFO buffs, prisoners and the militia movement. For them, the book “Behold a Pale Horse,” and Cooper’s nightly shortwave radio show lifted the veil on how the world actually works.

Through his death in 2001, Cooper became a legend and his book has become a defining text for conspiracy-minded people and Qnon enthusiasts.

https://www.azcentral.com/in-depth/news/local/arizona-investigations/2020/10/01/behold-pale-horse-how-william-cooper-planted-seeds-qanon-theory/3488115001/

SUING FACEBOOK TO GET RECORDS

Over the past year, DA Torrez has sought information about the guard, its members and its activities, going so far as California and to FACEBOOK to get records. On November 15, 2021, it was reported that Torrez filed a petition with a California Superior Court judge asking to force FACEBOOK to comply with a subpoena from his office that seeks information regarding accounts set up by the right-wing militia group and its members. Torrez said militia members used Facebook to recruit, organize and direct members in addition to telling them where to meet and how to prepare themselves ahead of protests.

At news conference on November 15, Torrez reported that FACEBOOK took down pages associated with the Civil Guard because the accounts violated Facebook’s own policies regarding dangerous individuals and organizations. Torrez added FACEBOOK has refused to provide information he seeks about who set up and controlled the accounts.

Torrez wrote in a news statement:

“FACEBOOK is asking Congress and the American people to trust it to regulate extremist content on its platform and yet refuses to turn over basic account information about an identified extremist group that used that same platform to recruit, organize and direct its members to engage in unlawful activity.”

https://www.santafenewmexican.com/news/local_news/da-files-complaint-against-facebook-for-information-on-new-mexico-civil-guard/article_28dcfae2-463e-11ec-8ba5-d30e2875f9f9.html

MOTION FOR DEFAULT JUDGMENT

Provance was so combative and uncooperative during the deposition that on April 12, District Attorney Torrez filed a motion for a default judgment against the New Mexico Civil Guard. The motion asks the State District Court Judge to enter and order for a default judgment against the Civil Guard seeking to have the New Mexico Civil Guard, its members and its organizers to be permanently barred from organizing any militia group that would engage in unlawful policing or paramilitary activity. Such a decision would end the suit and effectively bar the group from acting as it has in the past.

The motion states in part:

“Provance’s spectacle … was just the culmination of NMCG record of obstruction. … NMCG has repeatedly flouted its discovery obligations. … [The destroyed documents could have] borne on the state’s allegations that NMCG organized itself as an unlawful military unit whose members falsely assumed law enforcement functions.”

The motion also asks the District Court Judge to award sanctions, costs and attorney’s fees in the case.

Torrez for his part had this to say:

“We didn’t get very far in that deposition. It was pretty extraordinary. … The real goal in all of this is to stop armed extremists from organizing, recruiting, and directing their members to engage in activity that is exclusively reserved for the police or in extraordinary circumstances, the National Guard. … [The motion is] s a pretty extreme outcome, I will say, but it’s warranted under the circumstances, given the extreme conduct that was demonstrated.”

Torrez noted that the group has repeatedly thumbed its nose at the legal process as the suit moves forward. He also noted the irony that the Civil Guard refused to respect the laws it claimed to uphold under the United States Constitution.

The links to quoted news sources are here:

https://www.kob.com/albuquerque-news/district-attorney-asks-court-for-quick-ruling-against-new-mexico-civil-guard/6444717/?cat=500

https://www.abqjournal.com/2488239/nm-civil-guard-records-destroyed.html

NEW MEXICO CIVIL GUARD FILES A FEDERAL LAWSUIT AGAINST THE CITY

On September 9, 2021, 8 members of the New Mexico Civil Guard (NMCG) filed a federal lawsuit against the City of Albuquerque and the Albuquerque Police Department (APD). The lawsuit claims the 8 were “targeted” by APD when they showed up on June 15, 2020 at the protest over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The protest was for the removal of the figures of Juan de Onate de Salazar in the sculpture.

According to a federal lawsuit, the citizens militia group claim city officials targeted them for no reason. The lawsuit alleges that the city was aware the militia group was going to be there and APD positioned officers near the protest waiting until a Civil Guard member “committed a crime and planned to then arrest them.” The plaintiffs alleged they did nothing wrong and were detained anyway by APD.

The Civil Guard members allege one of them was attacked at the protest and at that point all the civil guard left the crowd. According to the complaint, after they had moved away, 31-year-old Steven Baca pulled a concealed handgun and started shooting, hitting one man. When the shooting began, the guard members returned and ran toward Baca and upon encountering him, one militia member stepped on the gun or “kicked his gun away”.

The lawsuit alleges that even though police knew the group wasn’t associated with Baca, they “arrested” the plaintiffs anyway, held them for hours for questioning, not allowing them to talk to lawyers or even use the restroom . They were eventually released after interviews.

EDITOR’S NOTE:The allegation that they were arrested is false. No militia member was arrested but they were held for questioning and then released.

At the time of the incident, Bernalillo County District Attorney Raul Torrez said that the militia members had a right to be at the protest and bear arms. However, the DA made it clear they did not have the right to intervene as “enforcers of the law”. The DA later filed the civil complaint seeking an injunction to prohibit the Civil Guard from acting in any police or military capacity and to declare the group a “nuisance” posing an immediate threat.

A link to the complete news report is here:

https://www.krqe.com/news/politics-government/nm-civil-guard-sues-city-over-juan-de-onate-protests/

ONLY CERTIFIED LAW ENFORCEMENT AUTHORIZED “TO KEEP THE PEACE”

The New Mexico statutory law is very clear as to the definition of a “peace officer”. The law is also very clear that only peace officers are authorized to maintain the peace and make arrests. The New Mexico Civil Guard are not law enforcement and have likely violated the laws with their actions that govern peace officers

It is § 30-1-12(C) (1963) of the New Mexico statutes that defines a peace officer as anyone who is elected or appointed and who is:

“vested by law with a duty to maintain public order or to make arrests for crime.”

https://law.justia.com/codes/new-mexico/2018/chapter-30/article-1/section-30-1-12/

Under §29-1-9 (2006) of the New Mexico statutes the duties, responsibilities and authority to lawfully maintain the peace are expressly reserved to peace officers. The statute provides:

“[N]o person shall assume or exercise the functions, powers, duties and privileges incident and belonging to the office of special deputy sheriff, marshal, policeman or other peace officer without first having received an appointment in writing from a person authorized by law to appoint special deputy sheriffs, marshals, policemen or other peace officers . . . .”

Section §30-27-2.1 of the New Mexico statutes also defines what a police officer is, what impersonating a police officer is and it illegal for anyone to impersonate a peace officer. The statute provides:

… [A] “peace officer” means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

(2) pretending to be a peace officer with the intent to deceive another person.
… Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth-degree felony.

NEW MEXICO LAW ENFORCMENT HEAVILY REGUALTED

Much like doctors, lawyers, and teachers, law enforcement in New Mexico is heavily regulated profession. There are minimum qualification and training requirements for all state certified law enforcement. It is the Law Enforcement Training Act that creates the law-enforcement academy to provide a planned program of basic law enforcement training and in-service law enforcement training for police officers.

The academy requires minimum training requirements for certification, and requirements for continuing training “to constantly upgrade law enforcement within the state.” (NMSA 1978, §§ 29-7-1 to – 15, passed in 1969, and amended through 2020). The statute provides for suspension and revocation of law-enforcement certification based on dishonesty or fraud, the commission of a felony, or violations of law involving moral turpitude. (§ 29-7-13,) NMSA 1978. During the 2020 legislative session, the New Mexico Legislature amended the Act to require revocation of law-enforcement certification for crimes involving the use or threatened use of force. ( NMSA 1978, § 29-7-15)

NEW MEXICO MILITARY HEAVILY REGUALTED

The New Mexico Civil Guard is not military and are not authorized under the law to use military force. The New Mexico Civil Guard is likely violating the laws that govern government militias, the National Guard and the New Mexico state defense force.

Under New Mexico statutory law, entities that are authorized to use military force on the State’s behalf are collectively known as the “militia”. It is Section 20-2-1 of the New Mexico Statues that outlines 3 distinct components of the militias:

A. “Militia” means all the military forces of this state, organized and unorganized, whether active or inactive; but excludes the regularly organized police forces of the state or its political subdivisions and excludes the civil air patrol division.

C. “New Mexico state defense force” means that part of the militia of the state which is not federally recognized. It is exclusively a state entity. Its standing cadre is a component of the organized militia; its ranks are filled upon order of the governor from the unorganized militia. When used in Chapter 20 NMSA 1978, state defense force shall refer to the New Mexico state defense force.

https://law.justia.com/codes/new-mexico/2013/chapter-20/article-2/section-20-2-1/

Note that 20-2-1 section A makes it clear that militia does not include organized police forces of the state, counties and municipalities all which are separate political subdivisions. Note also that the New Mexico National Guard is federally recognized and can be called or ordered into active federal service ostensibly by the United States Defense Department or order of the President. The State Defense Force is “exclusively a state entity and not federally recognized as is the National Guard. The ranks of the State Defense Force can be filled by the unorganized militia only by order of the Governor. Absent activation into the State Defense Force by the Governor, any unorganized militia lacks authority to operate as a military force.

FUNCTIONS OF NM NATIONAL GUARD AND STATE DEFENSE FORCE

It is not the function of the National Guard nor the State Defense Force to exercise the powers and duties of peace officers. It is New Mexico statutes § 20-2-3, dealing with Military Affairs, that designates the Governor as only one who has the power to call out the national guard and the militia and the statute outlines those instances.

§ 20-2-3 provides:

“A. The governor may, in case of insurrection, invasion, riot or breach of the peace or of imminent danger thereof or in case of other emergency, order into active service of the state the militia or any components or parts thereof that have not been called into federal service.  As used in this section, “emergency” includes any man-made or natural disaster causing or threatening widespread physical or economic harm that is beyond local control and requiring the resources of the state.

G. … .

https://codes.findlaw.com/nm/chapter-20-military-affairs/nm-st-sect-20-2-3.html

ORGANIZED AND UNORGANIZED MILITIAS DEFINED UNDER NEW MEXICO LAW

It is §20-2-2 of the New Mexico statutes that defines “organized and unorganized militias” as follows:
“The militia is composed of the organized and the unorganized militia.

A.The organized militia is the national guard and the standing cadre of the state defense force and such parts of the unorganized militia when and as may be activated, enrolled or enlisted into the national guard or into the state defense force.

B. The unorganized militia is comprised of all able-bodied male citizens of the state and all other able-bodied males who have or shall have declared their intentions to become citizens of the United States and are residents of the state who are not less than 18 or more than 45 years of age, but who shall not be more than 64 years of age if they shall have earlier served in or retired from the national guard; subject to … [specific] listed exceptions … .

COMMENTARY AND ANALYSIS

The efforts of Bernalillo County District Attorney suing the New Mexico Civil Guard are to be commended. The reality is, the one lawsuit only affects one civilian militia group in the State when there are likely far more. Further, there is nothing that will prevent such militias from forming in the future nor prevent such citizen militias from other states to come to New Mexico. Citizen Militias are not regulated in the State of New Mexico. For these reasons the New Mexico legislature should enact a state law outlawing or regulating citizens militias in the state.

The State of New Mexico should enact legislation that defines with more particularity what a “citizen miltia” is and either ban them entirely or regulate all citizens militias. If New Mexico does not ban citizen militia’s outright, a Citizen’s Militia Registration Act could be enacted. Citizen militias need to be defined along similar lines of how “gangs” are defined under federal criminal law.

https://nij.ojp.gov/topics/articles/what-gang-definitions

A “citizens militia” needs to be defined as:

“An association of three or more individuals, whose members collectively identify themselves by adopting a group identity employing one or more of the following: a common name, slogan, identifying sign, symbol, flag, uniforms or military apparel or other physical identifying marking, style or color of clothing, whose purpose in part is to engage in the protection of private property and other people. A registered citizens militia may employ rules for joining and operating within the militia and members may meet on a recurring basis.”

A Citizen Militia Registration Act would require citizen militias to:

Register with the New Mexico Homeland Security Office and the New Mexico State Police.

Failure to register as mandated would be a felony.

https://nij.ojp.gov/topics/articles/what-gang-definitions

CONCLUSION

Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there to assume the responsibility law enforcement to protect people and property. Such attendance amounts to nothing but vigilantism. The state can and should act to ban citizen militias or enact legislation to regulate them before someone gets seriously hurt or killed.