APD Chief Harold Medina Abuse Of Power: Orders APD Sworn Not To Arrest Homeless For Trespassing At City Parks; City Gives 72 Hour “Notices To Vacate” Unlawful Encampments When Immediate Removal Should Be Ordered

You know that there is a level of abuse of power by any police chief when they admit that something is “unlawful” but then give orders to his subordinate police officers not to make arrests for the unlawful activity. Such is the case with APD Chief Harold Medina when he issued a special order to all APD sworn entitled “PROCESS FOR RESPONDING TO AN UNLAWFUL ENCAMPMENT ON PUBLIC PROPERTY”.

APD SPECIAL ORDER SO 22-46

On April 26, 2022, very quietly and without any fanfare nor any kind of press release or press conference the Keller Administration is known for, APD Chief Harold Medina issued APD “Department Special Order 22-46” to “ALL DEPARTMENT PERSONNEL” with the subject line “PROCESS FOR RESPONDING TO AN UNLAWFUL ENCAMPMENT ON PUBLIC PROPERTY”.

The special order can be read in full in the postscript to this blog article. Commentary And Analysis on each questionable section of Special Order 22-46 is in order and is as follows:

SPECIAL ORDER 22-46 INSTRUCTION ORDERS

“Sworn personnel shall make all reasonable efforts to pursue non­ punitive, services-based approaches and shall not attempt to enforce littering, trespassing, obstruction of sidewalk, and other laws and ordinances … unless [the Family Community Services Department] FCS personnel request such enforcement and only after FCS Department personnel … determine that the individual is continuing to trespass after being given notice and an opportunity to stop.”

EDITOR’S COMMENTARY AND ANALYSIS

Being homeless is not a crime, but that does not mean they should be allowed to violate the law. Chief Medina is abusing his authority as APD Chief when he orders “Sworn personnel … shall not attempt to enforce littering, trespassing, … and other laws and ordinances” which is allowing the homeless to violate the law.

It is akin to ordering APD sworn not to enforce traffic laws against all citizens who own certain makes or models of cars. Chief Medina is essentially saying that he has the right to pick and choose what laws and city ordinances are to be enforced by APD sworn and against whom. This instruction undermines and destroys the basic foundation of good policing relating to the duties and responsibilities of law enforcement. Medina is also saying he decides and can order his department personnel to ignore city ordinances enacted by the elected City Council.

SPECIAL ORDER 22-46 INSTRUCTION ORDERS

“Sworn personnel shall neither damage nor remove an encampment without coordinating with [Family Community Services] … Department personnel … unless an encampment creates an immediate hazard or obstruction.

If an encampment creates an immediate hazard or obstruction, sworn personnel shall immediately contact [Family Community Services Department] personnel … to determine whether they are available to respond.

If they are unavailable, sworn personnel may remove only the items that create an immediate hazard or obstruction and coordinate with FCS Department personnel … to store any personal property that was removed … pursuant to the … Policy for Responding to Encampments on Public Property.”

“Immediate Hazard” is defined in the Special Order as follows:

“A situation in which an encampment creates an immediate and articulable risk of serious injury or death to either the residents of the encampment or others. The mere possession of illegal drugs, drug paraphernalia, or a weapon does not in and of itself constitute an immediate hazard.”

EDITOR’S COMMENTARY AND ANALYSIS

When a crime is being committed or has been committed, misdemeanor or felony, in the presence of a sworn police officer, or when an officer is dispatched to a crime scene, the officer has the sworn duty and responsibility to uphold the law and to investigate. This includes securing an area or suspect, making an arrest if necessary based on probable cause and gather evidence of a crime. Under the law, it is sworn police that have the sole discretion and authority to make an arrest and charge an offender or to decide not to make an arrest.

It is clear from this language of the special order that APD sworn police are reduced to mere conduits of information to other city civilian employees who have no law enforcement authority nor training. It is difficult to rationalize and understand the instruction “The mere possession of illegal drugs, drug paraphernalia, or a weapon does not in and of itself constitute an immediate hazard.” Illicite drugs are evidence of a crime and any weapon can be evidence of a crime and create an immediate threat to inflict injury or even kill. This language essentially instructs sworn police not make and arrest but to remove what may be evidence of a crime for storage, ostensibly to be returned at a later date.

SPECIAL ORDER 22-46 INSTRUCTION ORDERS

“Only FCS Department personnel … shall make the determination that an encampment must be removed. Sworn personnel shall rely on FCS Department personnel … to conduct outreach before an unlawful encampment is removed, unless the encampment creates an immediate hazard or obstruction.”

Sworn personnel shall not throw away or remove any personal property associated with the encampment. Sworn personnel shall not direct any other agency or person to throw away or remove any personal property.”

EDITOR’S COMMENTARY AND ANALYSIS

These sections are absolute nonsense. This language essentially gives the Family Community Services Department the exclusive discretion or authority to decide if an unlawful encampment should be removed and when it is removed.

Simply put encampments in city parks are illegal. The general public have the right to the peaceful use and enjoyment of the parks without fear of injury to themselves, their family and children. There should be no discussion or delay in ordering removal of unlawful encampments on city parks. Any encampment on a city park is unlawful and it should be ordered removed immediately with the unlawful campers told to leave immediately or be removed by arrest if they refuse.

SPECIAL ORDER 22-46 INSTRUCTION ORDERS

“Sworn personnel shall ensure that their on-body recording devices (OBRD) are on and shall ensure their OBRD records the entire call for service from arrival on-scene, including all interactions with other City personnel, individuals in the encampments, and the public.”

EDITOR’S COMMENTARY AND ANALYSIS

This is already part of APD’s standard operating procedures. Absent is any discussion or reference that FCS Department employees are required to do the same, which they are not.

SPECIAL ORDER 22-46 INSTRUCTION ORDERS

“When FCS Department personnel or designee or other designated City personnel are available on-scene, sworn personnel shall refer questions to them, unless doing so would interfere with the encounter or place those individuals at imminent risk of harm.

Sworn personnel shall defer to FCS Department personnel or a designee to give any written or verbal notice to vacate an encampment, unless FCS Department personnel are unavailable and sworn personnel are responding to an immediate hazard or obstruction.

Beyond documenting written and verbal notification to vacate the encampment issued by FCS Department personnel, sworn personnel shall assist in a scene-security role only. To the extent possible, sworn personnel shall remain clear of the encampment to avoid unnecessary escalation while monitoring the interaction between FCS Department personnel or a designee and individuals in the encampment.

Sworn personnel shall only interact with individuals who are camping if they are presenting a danger to City personnel or others on-scene or are committing a crime. At all times, sworn personnel shall comply with Department Standard Operating Procedures and Department Special Order 20-18, which explains Department policies as agreed to pursuant to the Settlement Agreement in McClendon v. City of Albuquerque …”

EDITOR’S NOTE: McClendon v. City of Albuquerque is the 20-plus year federal lawsuit filed against the City of Albuquerque and Bernalillo County by an inmate arrested for a non-violent misdemeanor. The focus of the lawsuit was the living conditions within the City/County jail. The jail had a maximum capacity of 800, but the jail was repeatedly overcrowded with as many as 1,400 inmates who were often doubled up and living conditions were abhorrent. The overcrowding became so bad that the federal court would hold weekly and monthly status conferences and order the release of none violent defendants to reduce the overcrowding.

EDITOR’S COMMENTARY AND ANALYSIS

It is APD Procedural Order “SOP 2-80” entitled “ARRESTS, ARREST WARRANTS AND BOOKING PROCEDURES” that outlines APD’s policies agreed to pursuant to the settlement agreement in McClendon v. City of Albuquerque.

Medina’s Special Order 22-46 undermines and conflicts with Procedural Order 2-80 giving standard operating procedures to be used dealing with misdemeanor arrests, arrest warrants and issuance of citations. SOP 2-80 provides that officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses, not to include DWIs, when there are no circumstances necessitating an arrest. In such case, APD sworn officers must follow the legal procedures required in arresting, booking, and filing charges against such violators.

SOP 2-80 makes it clear that any APD officer may make an arrest if it is necessary, but will have to include the reasons why in an incident report The misdemeanor offenses affected by SOP 2-80 include criminal trespass, criminal damage to property under $1,000, shoplifting under $500, shoplifting under $250, prostitution, and receiving or possessing stolen property under $100.

The instructions in Special Order 22-46 that states “sworn personnel shall assist in a scene-security role only” taken as a whole reduces APD sworn police officers to public safety aids or to private security guard status. The functions, activities and roles outlined for APD sworn do not require a certified law enforcement officer.

The instruction “Sworn personnel shall only interact with individuals who are camping if they are presenting a danger to City personnel or others on-scene or are committing a crime” is contradictory and problematic. Simply put, camping in city parks is committing a crime yet APD police are not to interact with the homeless and cannot make an arrest unless told to do so by civilian city personnel who have no authority to make an arrest. Ostensibly if Family Community Service personnel disagree that an individual is presenting a danger, sworn police are required to stand down and do what they are told by city civilian staff.

ALBUQUERQUE’S PARK MANAGEMENT AND ORDINANCES

Albuquerque’s Park Management Division maintains and manages more than 288 park sites in the Albuquerque area. Most if not all city parks are closed to the general public from 10:00 pm to 6:00 am the next day. Park Management’s main focus is sustaining a healthy park system to make Albuquerque a great place to live and play. As places to relax, play, learn, and come together, parks are essential to the health and well-being of city residents and enhance the quality of life.

https://www.cabq.gov/parksandrecreation/parks

Except for unusual and unforeseen emergencies, parks are open to the public every day of the year during designated hours. Those designated hours are 6:00 am to 10:00 pm with the times posted at the parks. The city’s park ordinance provides:

“No person shall remain in, occupy, or use any park in the city which is closed to public use unless that person has been authorized to be present … . “ (City ordinance § 10-1-1-10 Park Operating Policy.) Consequently, because of closure hours, overnight camping by any member of the public is prohibited.

In addition to hours the city parks are open, City Park rules prohibit the following:

No person in a park is allowed to carry or possess at any time, firearms of any description, or air rifles, spring guns, bows and arrows, slings. (City ordinance 10-1-1-7 (A).
No alcoholic beverages (ordinance 12-4-8 (A)),
No motorized vehicles are allowed (ordinance 10-1-1-4 (C),
No glass containers are allowed ( ordinance 10-1-1-4 (c),
Littering is prohibited (ordinance 10-1-1-4 and 10-1-1-7 (B) (2).

The instructions in Special Order 22-46 are clear that APD sworn officers can not enforce any of those laws listed as park rules and regulations against the homeless and unlawful encampments.

ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT

In 2021, the Keller Administration created the Albuquerque Community Safety Department (ACS) with an initial budget of $2.5 million. The ACS consists of social workers and mental health care workers to deal with those suffering from a mental health crisis or drug addiction crisis and they are dispatched in lieu of sworn police or fire emergency medical paramedics.

The fiscal year 2022 budget for ACS was $7.7 million and the fiscal year 2023 proposed budget doubles the amount to $15.5 million to continue the service of responding to calls for service and perform outreach for inebriation, homelessness, addiction, and other issues that do not require police or EMT response.

The Albuquerque Community Safety Department (ACS) dispatches trained and unarmed professionals to respond to 9-1-1 calls that do not require a police or paramedic response. ACS is taking hundreds of calls per month, easing the burden on police and paramedics and improving outcomes on behavioral health calls.

The Fiscal Year 2023 proposed budget was for $15 million to provide funding to add 74 new positions to make it a 24/7 round-the-clock operation across the city.

EXPECT CORONADO PARKS ALL OVER THE CITY

Coronado Park has been an unlawful homeless encampment that the city has allowed to fester for upwards of 10 years refusing to close it down. Coronado Park is considered by many as the heart of Albuquerque’s homeless crisis. Coronado Park has essentially become the “de facto” city sanctioned homeless encampment with the city not enforcing its ordinances and repeatedly cleaning it up only for the homeless to return the next day.

At any given time, Coronado Park has 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.

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.

Chief Medina’s Special Order 22-46 will essentially allow all city parks to become unlawful homeless encampments or no man’s lands in every quadrant of the city. The result will be the city having Coronado parks all over the city.

Links to news sources are here:

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

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

CLEANING BILL FOR CORANDO PARK

The debate on how to address Albuquerque’s homelessness crisis was raised during the recently concluded 2023 city budget process. Questions were asked by city councilors about the cost of the city’s efforts to help the homeless. Questions were also asked about clean up costs.

When it comes to Coronado park, the city every other Wednesday dispatches a crew to temporarily clear it of people and clean out the debris. The team involves several departments, including Police, Family and Community Services, Solid Waste, and Parks and Recreation.

During one council budget hearing, Democrat City Councilor Klarissa Peña asked the Keller administration officials how much it spends on the biweekly cleanup at Coronado Park. The answer came as shock.

City budget officials said it is costing the city $27,154 ever two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

Acting Chief Administrative Officer Lawrence Rael cautioned that the amount includes staff time built into the city budget for homeless outreach that occurs throughout the city. Rael had this to say:

“There is no question that monitoring a park of that size with that many folks does cost some dollars to make sure we keep it clean. … I want [to point out] a portion of that $27,000 is already day-to-day operating costs we assume anyway.”

https://www.abqjournal.com/2501616/lewis-moves-to-correct-planned-parenthood-vote.html

CITY GIVES HOMELESS 72 HOURS TO VACATE UNLAWFUL ENCAMPMENTS

APD Chief Medina’s Department Special Order Special Order 22-46 is an attempt to try and clarify APD’s role in the process the city has in place to deal with unlawful homeless encampments. It is a long and drawn out process from when the city gets a complaint about a homeless camp to when it gets cleared out, if it ever gets cleared out.

There are multiple steps the city follows when there are no law enforcement sweep actions or tactical plans. When an encampment is reported and a complaint filed, the Family and Community Services Department and Albuquerque Community Safety Department 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 the homeless people are given a full 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 homeless campers simply move back in.

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

The city has one “encampment team” made up of seven people. Their job is to respond to reported encampments set up on public property, and give the people living there the written “notices to vacate.” 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/

COMMENTARY AND ANALYSIS

APD Chief Medina needs to withdraw SPECIAL ORDER 22-46 immediately. Unlawful encampments at city parks demand immediate orders to vacate city parks by APD sworn to protect the public that use the parks, their families and children. The general public have the right to demand an expect the peaceful use and enjoyment of all parks in a safe manner, especially where there are playgrounds and children, without interference from the homeless.

It is totally unacceptable to give the homeless 72 hours written “notices to vacate”to clear the area of their personal property and belongings when it comes to city parks. It is creating a “no man’s land” in city parks. The Family and Community Services Department and Albuquerque Community Safety Department should be requiring the immediate removal of unlawful encampments at city parks.

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 true. The city can rely on its nuisance abatement laws and declare encampments on city property nuisances.

Mayor Keller for his part can use the inherent authority of his office and issue executive orders to clean up and remove unlawful encampments. Ostensibly Mayor Keller is reluctant to do just that out of fear of being accused of being insensitive to the plight of the homeless as his administration spends $40 million in 2022 and upwards $60 million in 2023 to provide assistance to the homeless.

The city does have options. The city has the west side 24-7 homeless shelter which is located 20 miles outside the city that can be offered and where the homeless can go and camp. Other options include the Gateway Shelter Center. The city has on contract up to 10 services providers and locations that need to do more.

PICKING AND CHOOSING WHAT LAWS TO BE ENFORCED

When it comes to unlawful encampments at city parks, Mayor Keller and Chief Medina cannot and must not ignore enforcing the city’s anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws nor pretend they simply do not exist simply to accommodate the homeless at city parks.

APD Chief of Police Harold Medina’s special order is nothing more than Mayor Tim Keller and Chief Medina trying to pick and choose what laws are to be enforced by APD against the homeless when it comes to city parks. It eviscerates sworn police officers’ authority to enforce the laws by removing all discretionary authority when it comes to the homeless who camp at city parks.

If Mayor Keller and Chief Medina do not want law enforcement involved with the enforcing the laws when it comes to the homeless, then APD should not be dispatched to deal with the homeless. That responsibility should be assumed 100% by the Albuquerque Community Safety Department, which is one of the reasons the department was created in the first place.

Homeless unlawful encampment Squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and want to camp at city parks really give the city no choice but to make it totally inconvenient for them to “squat” and forcing them to move on or be arrested by APD.

_________________

POSTSCRIPT

Following is the unedited Special Order 22-46

April 26, 2022

DEPARTMENT SPECIAL ORDER – SO 22-46
TO: ALL DEPARTMENT PERSONNEL
SUBJECT:PROCESS FOR RESPONDING TO AN UNLAWFUL ENCAMPMENT ON PUBLIC PROPERTY

The purpose of this Special Order is to establish the responsibilities of all Albuquerque Police Department (Department) sworn personnel when responding to a call for service to address unlawful encampments. This Special Order does not create policies governing other City of Albuquerque (City) departments or personnel. APD officials shall meet regularly with personnel from other City departments to determine whether revisions to this Special Order are necessary.

A. Definitions

1. Camp or Camping

The construction of, erection of, residing or dwelling within, or maintaining of tents or other simple, improvised dwellings for temporary shelter or residence.

2. Encampment

One or more tents, a structure composed of any type of material, or assembly of equipment or personal property located upon an identifiable area of public property within the City, which appears to a reasonable person as being used as a dwelling.

3. Immediate Hazard

A situation in which an encampment creates an immediate and articulable risk of serious injury or death to either the residents of the encampment or others. The mere possession of illegal drugs, drug paraphernalia, or a weapon does not in and of itself constitute an immediate hazard.

4. Non-Punitive, Services-Based Approaches

Practices that de-criminalize poverty and that give communities ways to manage homelessness without arresting people or punishing them for sleeping outside. Such practices include connection to services, including housing services, discretionary non-enforcement, diversion programs, and verbal warnings.

5. Obstruction

People, tents, personal property, garbage, debris or other objects related to an encampment that interfere with areas that are necessary for, or essential to the intended use of a public property or facility.

6. Personal Property

An item that: is reasonably recognizable as belonging to a person; has apparent utility in its present condition and circumstances; is not an empty plastic or paper bag or other trash; is not hazardous; or is identified by an owner as personal property. Examples of personal property include but are not limited to identification, personal papers and documents, tents, bicycles, radios and other electronic equipment, eyeglasses, prescription medications, photographs, jewelry, crutches, and wheelchairs. Personal property does not include shopping carts, large furniture items and building materials such as wood products, metal, pallets, or rigid plastic except those the owner intends to recycle for money. The relevant City employee or contracted entity shall determine whether an item is personal property, and in cases in which the status of an item cannot be reasonably determined under the totality of the circumstances, the item shall be treated and handled as personal property.

7. Removal

a. The requirement that camping individuals remove personal items;

b. The disposal of refuse or hazardous items that cannot be stored by the City; or

c. Family and Community Services (FCS) Department personnel or a designee taking temporary possession of an item when its owner cannot be located for the purpose of returning it to its owner, consistent with the City of Albuquerque Policy for Responding to Encampments on Public Property.

B. Response to Unlawful Encampments on Public Property

1. Sworn personnel shall neither damage nor remove an encampment without coordinating with FCS Department personnel or a designee, unless an encampment creates an immediate hazard or obstruction. If an encampment creates an immediate hazard or obstruction, sworn personnel shall immediately contact FCS Department personnel or a designee to determine whether they are available to respond. If they are unavailable, sworn personnel may remove only the items that create an immediate hazard or obstruction and coordinate with FCS Department personnel or a designee to store any personal property that was removed, pursuant to the City of Albuquerque Policy for Responding to Encampments on Public Property.

2. When responding to calls to assist FCS Department personnel or a designee to require the removal of an unlawful encampment:

a. Only FCS Department personnel or a designee shall make the determination that an encampment must be removed. Sworn personnel shall rely on FCS Department personnel or a designee to conduct outreach before an unlawful encampment is removed, unless the encampment creates an immediate hazard or obstruction.

b. When FCS Department personnel or a designee or other designated City personnel are available on-scene, sworn personnel shall refer questions to them, unless doing so would interfere with the encounter or place those individuals at imminent risk of harm.

c. Sworn personnel shall not throw away or remove any personal property associated with the encampment. Sworn personnel shall not direct any other agency or person to throw away or remove any personal property.

d. Sworn personnel shall ensure that their on-body recording devices (OBRD) are on and shall ensure their OBRD records the entire call for service from arrival on-scene, including all interactions with other City personnel, individuals in the encampments, and the public.

e. Sworn personnel shall confirm with an FCS Department representative that FCS Department personnel or a designee provided notification to vacate the encampment, when and how that notification was provided, and what efforts to provide outreach have been conducted. If sworn personnel have also conducted outreach, such information shall be shared with FCS Department personnel or a designee. Sworn personnel shall ensure that they record this information using their OBRDs.

f. Sworn personnel shall defer to FCS Department personnel or a designee to give any written or verbal notice to vacate an encampment, unless FCS Department personnel or a designee are unavailable and sworn personnel are responding to an immediate hazard or obstruction. Sworn personnel shall document, using their OBRDs, any verbal or written notice to vacate the encampment, as well as the basis for determining that an encampment is an immediate hazard or obstruction, if that decision is made, in the Computer-Aided Dispatch (CAD) System and by way of OBRD.

g. Beyond documenting written and verbal notification to vacate the encampment issued by FCS Department personnel or a designee, sworn personnel shall assist in a scene-security role only. To the extent possible, sworn personnel shall remain clear of the encampment to avoid unnecessary escalation while monitoring the interaction between FCS Department personnel or a designee and individuals in the encampment. Unless responding to a situation involving an immediate hazard or obstruction without the presence of FCS Department personnel or a designee:

i. Sworn personnel shall only interact with individuals who are camping if they are presenting a danger to City personnel or others on-scene or are committing a crime. At all times, sworn personnel shall comply with Department Standard Operating Procedures and Department Special Order 20-18, which explains Department policies as agreed to pursuant to the Settlement Agreement in McClendon v. City of Albuquerque, 95-cv-00024 (Doc. 1320, September 11, 2017).

ii. Sworn personnel shall make all reasonable efforts to pursue non­ punitive, services-based approaches and shall not attempt to enforce littering, trespassing, obstruction of sidewalk, and other laws and ordinances relating to quality of life unless FCS Department personnel or a designee request such enforcement and only after FCS Department personnel or a designee determine that the individual is continuing to trespass after being given notice and an opportunity to stop.

h. Sworn personnel shall neither request identification from an individual who is camping nor check an individual who is camping for warrants unless there is reasonable suspicion to believe the individual has an outstanding warrant or is committing a crime.

i. Sworn personnel shall confirm with FCS Department personnel or a designee whether available emergency shelter beds exist prior to any enforcement action requested by FCS Department personnel or a designee, including removal of an encampment or issuance of a citation. If no available emergency shelter beds exist, no enforcement actions shall be taken, including removal of an encampment or issuance of a citation, unless the encampment is an immediate hazard or obstruction.

j. Nothing in this Special Order shall be interpreted to restrict sworn personnel from removing encampments or investigating crimes committed on private property.

C. Grievance Procedure

1. Any grievance filed pursuant to the City of Albuquerque’s Policy for Responding to Encampments on Public Property shall be handled consistent with SOP Complaints Involving Department Personnel.

This Special Order shall expire within one (1) year of it being published.

Any questions regarding this Special Order should be directed to Field Services Bureau Deputy Chief of Police Joshua Brown.

BY ORDER OF:

HAROLD J. MEDINA
Chief of Police

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About

Pete Dinelli was born and raised in Albuquerque, New Mexico. He is of Italian and Hispanic descent. He is a 1970 graduate of Del Norte High School, a 1974 graduate of Eastern New Mexico University with a Bachelor's Degree in Business Administration and a 1977 graduate of St. Mary's School of Law, San Antonio, Texas. Pete has a 40 year history of community involvement and service as an elected and appointed official and as a practicing attorney in Albuquerque. Pete and his wife Betty Case Dinelli have been married since 1984 and they have two adult sons, Mark, who is an attorney and George, who is an Emergency Medical Technician (EMT). Pete has been a licensed New Mexico attorney since 1978. Pete has over 27 years of municipal and state government service. Pete’s service to Albuquerque has been extensive. He has been an elected Albuquerque City Councilor, serving as Vice President. He has served as a Worker’s Compensation Judge with Statewide jurisdiction. Pete has been a prosecutor for 15 years and has served as a Bernalillo County Chief Deputy District Attorney, as an Assistant Attorney General and Assistant District Attorney and as a Deputy City Attorney. For eight years, Pete was employed with the City of Albuquerque both as a Deputy City Attorney and Chief Public Safety Officer overseeing the city departments of police, fire, 911 emergency call center and the emergency operations center. While with the City of Albuquerque Legal Department, Pete served as Director of the Safe City Strike Force and Interim Director of the 911 Emergency Operations Center. Pete’s community involvement includes being a past President of the Albuquerque Kiwanis Club, past President of the Our Lady of Fatima School Board, and Board of Directors of the Albuquerque Museum Foundation.