Manny Crespín Guest Opinion Column: FEMA Bureaucrats Are Failing Northern New Mexico Wildfire Victims; A Letter To President Joe Biden

Manny Crespín Jr. is the Founder of Coalition for Fire Fund Fairness. In response to the devastating wildfires in Northern New Mexico in 2022 and 2023, the Coalition for Fire Fund Fairness (CFFF) has emerged as a dedicated alliance committed to restoring the lives of those affected by the Hermit’s Peak-Calf Canyon Fire. CFFF’s mission is to ensure full compensation for victims, addressing not only economic losses but also the profound emotional and spiritual toll inflicted by the wildfires which include non-economic damages.

The urgency of their cause stems from the belief that justice is not an option but a necessity for the people of Northern New Mexico. Beyond financial restitution, the CFFF strives to mend the mental, emotional, and spiritual well-being of the victims, recognizing the profound injustice they face. With a clear mission to bring wholeness to those impacted, the Coalition is a powerful advocate for justice, a beacon of hope, and a resolute force against the overwhelming adversity caused by the wildfires.

GUEST OPINION COLUMN

On December 31, 2023, the Albuquerque Journal published the following guest column by Mr. Crespin and he has given his authorization to publish on www.PeteDinelli.com:

HEADLINE: FEMA Bureaucrats Are Failing Northern New Mexico Wildfire Victims

“622 days. A painful reminder of the trauma inflicted by the Hermits Peak/Calf Canyon Fire.

As we enter another holiday season traditionally filled with warmth and joy, the majority of victims have not been compensated. Their hearts are burdened by prolonged suffering and mismanagement of the Hermits Peak/Calf Canyon Claims Office.

President Biden’s promise to make victims whole, and Congress’ actions in passing the Hermits Peak/Calf Canyon Fire Assistance Act, were important first steps, but the FEMA bureaucrats charged with administering the act have failed us.

At FEMA’s (recent) town hall, Director Angela R. Gladwell stated that FEMA has distributed $146 million of the $3.95 billion fund to victims. In the more than 14 months since the fund was created, Gladwell and FEMA have paid out less than 4% to victims who lost their homes and livelihoods.

Gladwell went on to state that FEMA projects it will spend approximately 7% of the $3.95 billion fund – or $276.5 million – on running the claims office. This is an outrageous waste of taxpayer money.

This waste is particularly galling because Gladwell has unilaterally decided that the fund will not pay victims for their pain and suffering, even though the act requires victims to be paid according to New Mexico law, which explicitly allows victims to recover non-economic damages. Thus, while refusing to fully compensate victims for their losses, Gladwell is wasting tens of millions of dollars that should be paid to victims.

Director Gladwell is failing to comply with the act, which requires FEMA to provide a written offer within 180 days of victims submitting claims.

The Coalition for Fire Fund Fairness has learned from victims and their attorneys that there are dozens of claimants that have not received their 180-day offer. In response, Director Gladwell provided deliberately misleading information to the public and the press, stating that 73% of claims have been paid. That is simply false.

After Gladwell made her 73% assertion, CFFF checked with our members and found that of 178 claimants who have filed paperwork through their legal counsel, only three have been considered for payment. This amounts to approximately 1.7% of claims filed by legal counsel.

Further, FEMA has provided zero documentation to show the accurate number of claims that have been paid to date. At best this claim amounts to fuzzy math, at worst it amounts to a bald-faced lie intended to trick the press into thinking the claims process is working and only adds insult to injury for the victims of the Hermits Peak/Calf Canyon Fire.

CFFF believes that our community deserves a fair and transparent process. We hope that the Biden-Harris administration and the New Mexico congressional delegation will listen to local leaders and community members and institute meaningful change by replacing the current claims office leadership with a competent administrator. This individual must have an extensive legal background and be familiar with New Mexico’s unique culture and traditions tied to our land and water. There are several current and former New Mexico judges and appellate justices who would be perfect for this role.

The holidays should be a time of healing, not a continuation of the pain that has lingered for far too long.

Manny Crespín Jr. is the founder of the Coalition for Fire Fund Fairness.”

https://www.abqjournal.com/opinion/opinion-fema-bureaucrats-are-failing-northern-nm-wildfire-victims/article_f84b775c-a4fd-11ee-868f-1b8332d28b73.html

LETTER TO PRESIDENT JOE BIDEN

On December 4, Mr. Crespin sent to President Joe Biden, U.S. Department of Homeland Security Secretary Alejandro Mayorkas and Federal Emergency Management Agency Administrator Deanne Criswell the following letter with 12 cosigners asking for assistance with the Hermit’s Peak/Calf Canyon Fire Assistance Act claims process:

December 4, 2023

The Honorable Joseph R. Biden, Jr.

President of the United States

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

 

The Honorable Alejandro Mayorkas

Secretary

U.S. Department of Homeland Security Washington, D.C. 20528

 

The Honorable Deanne Criswell

Administrator

Federal Emergency Management Agency

500 C Street S.W.

Washington, DC 20472

Dear President Biden, Secretary Mayorkas, and Administrator Criswell:

First, we want to thank you for what you have done thus far by signing the Hermit’s Peak/Calf Canyon Fire Assistance Act, visiting New Mexico during and after the fire and attempting to put the claims process into action. It has been a long and difficult recovery. While many of the impacted communities have begun to heal, the ongoing administration of the claims process has fallen short and continues to have emotional and psychological impacts on victims. Please remember that the federal government’s negligence caused the Hermit’s Peak/Calf Canyon Fire, and through acknowledging this fact we hope you will work with community leaders and victims in Mora, San Miguel, and Taos counties to institute critical reforms to the claims office and ensure victims are fully compensated for their losses (both economic and non-economic).

Unfortunately, the United States Government has a long record of making promises to New Mexicans that are never kept. (1)  This history begins with The Treaty of Guadalupe Hidalgo (2) and now continues in the 21st Century as Federal Emergency Management Agency (FEMA) officials dismiss statutory deadlines, fail to acquire the necessary personnel to investigate claims, and deliberately advise victims not to seek legal representation. To be clear, we believe the individual federal employees tasked with standing-up the Hermit’s Peak/Calf Canyon Claims Office have tried their best, and perhaps have not been given the proper guidance while interacting with the community. This only raises the serious need for immediate reforms and changes in leadership of the claim’s office.

Equally as important, we feel the current leadership of the Hermit’s Peak/Calf Canyon Claims Office does not possess the fundamental understanding of the long-documented history of land loss (3), institutional discrimination, and land mismanagement by federal agencies in New Mexico (4) that the deep wounds the Hermit’s Peak/Calf Canyon Fire has re-opened. Without this cultural and historical understanding, it is virtually impossible for the claims office to be fair, sincere, and adequate in its approach to properly administer claims. Therefore, we ask that the Biden Administration appoint an outside and objective individual to lead the claims office. This individual must have a substantial legal background, a deep understanding of New Mexico’s culture and history, and must not be a career bureaucrat or current political appointee. Below are names of individuals that the community, writ large, will accept as knowledgeable and objective to lead the claims office:

Richard Bosson, retired Justice, New Mexico Supreme Court

  • Judith Nakamura, retired Chief Justice, New Mexico Supreme Court
  • Linda Vanzi, retired Chief Judge, New Mexico Court of Appeals
  • Tim Garcia, retired Judge, New Mexico Court of Appeals
  • Alan Mallot, retired Judge, New Mexico District Court
  • Michael Aragon, Judge, New Mexico District Court 

Finally, we recognize it is likely that the Hermit’s Peak/Calf Canyon Fire Assistance Act needs legislative fixes so the claims office can broaden its outreach and acknowledgment of the size and scope of claims. We ask that the White House and the FEMA External Affairs Office (OEA) work directly with impacted communities, local leaders, and the New Mexico Congressional Delegation to draft and pass the necessary legislative fixes to promote maximum fairness to claimants before the end of the 118th Congress.

Land and water are traditionally and generationally important to New Mexicans, not only to sustain life, but also as a foundation of our identity and culture. This goes far beyond any economic value you can tie to our land and water resources. Land loss, whether through annexation, confiscation, systemic poverty, or negligent wildfires, constitutes a loss of the very essence of what it means to be New Mexican.

Mr. President, the commitments you made on your visit to New Mexico during the fire are desperately needed. You stated, “We [the Biden-Harris Administration] have a responsibility to help this state recover, to help the families who have been here for centuries, and the beautiful northern New Mexico villages who can’t go home and whose livelihoods have been fundamentally changed.” (5)  We are hopeful that you will reaffirm your commitment to the victims of this fire by immediately addressing the concerns we have presented in this letter including the implementation of changes to the claims process, changes to claims office leadership, and seeking legislative fixes that streamline FEMA’s ability to work with impacted communities and victims. 

Land and water are traditionally and generationally important to New Mexicans, not only to sustain life, but also as a foundation of our identity and culture. This goes far beyond any economic value you can tie to our land and water resources. Land loss, whether through annexation, confiscation, systemic poverty, or negligent wildfires, constitutes a loss of the very essence of what it means to be New Mexican.

Mr. President, the commitments you made on your visit to New Mexico during the fire are desperately needed. You stated, “We [the Biden-Harris Administration] have a responsibility to help this state recover, to help the families who have been here for centuries, and the beautiful northern New Mexico villages who can’t go home and whose livelihoods have been fundamentally changed.  We are hopeful that you will reaffirm your commitment to the victims of this fire by immediately addressing the concerns we have presented in this letter including the implementation of changes to the claims process, changes to claims office leadership, and seeking legislative fixes that streamline FEMA’s ability to work with impacted communities and victims. 

Sincerely,

Manny Crespín Jr.

Founder, Coalition for Fire Fund Fairness (CFFF)

Representing over 300 impacted community members in San Miguel, Mora and Taos Counties

 

LISTED CO SIGNERS

/s/ George A. Trujillo, County Commission Chair, District 2, County of Mora, NM

/s/ Mayor David Romero, City of Las Vegas, NM

/s/ Michael L. Montoya, City Councilor (Ward 2), City of Las Vegas, NM

/s/ David Ulibarri, City Councilor (Ward 1), City of Las Vegas, NM

/s/ Dr. Barbara A. Perea Casey, Ed.D., City Councilor (Ward 3), City of Las Vegas, NM

/s/ State Senator Michel Padilla (Dist. 14), Majority Whip

/s/ State Representative Reena Szczepanski (Dist. 47),

/s/ Majority Whip/s/ State Representative Ambrose Castellano (Dist. 70)

/s/ State Representative Harry Garcia (Dist. 69)

/s/ State Representative Joseph Sanchez (Dist. 40)

/s/ Liz Stefanics (advocating for San Miguel County victims)

Links to footnotes are here:

  1. https://abcnews.go.com/US/mexican-americans-seek-atonement-ancestral-lands-generations/story?id=73320792
  2. https://www.nmag.gov/about-the-office/civil-affairs/treaty-of-guadalupe-hidalgo-division/#:~:text=The%20OAG%20Treaty%20of%20Guadalupe,the%20Constitution%20of%20New%20Mexico
  3. https://www.benjaminjameswaddell.com/wp-content/uploads/2013/09/Zentella-Land-Loss-Among-the-Hispanos-of-NM.pdf
  4. https://www.historicsantafe.org/hsff-gift-shop/new-mexicos-stolen-lands-a-history-of-racism-fraud-deceit-ray-john-de-aragon
  5. https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/06/11/remarks-by-president-biden-in-a-briefing-on-the-new-mexico-wildfires/
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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.