On March 16, it was reported that the New Mexico legislature is in discussions with Governor Michell Lujan Grisham to convene a “special session” to deal with a $50 million dollar capital spending outlay and rising gas prices. On March 14, it was reported that a mentally ill man went on a shooting rampage and was killed by police only after killing one and injuring 5, including 3 police officers.

This blog article is discusses how both matters can and should be addressed in a Special Session of the New Mexico Legislature.

APD SHOOT OUT AND KILLINGS WITH PERSON IN MENTAL HEALTH CRISIS

On Monday, March 14, a woman was killed, a man and a woman were injured and 3 police officers were also injured in what the Albuquerque Police Department called an “active shooter situation” in an affluent Glenwood foothill gated community at Montgomery east of Tramway NE. The incident sparked a massive law enforcement response and ended with 3 officers sustaining minor gunshot wounds. Multiple officers shot the armed suspect and killed him.

Around 2:17 p.m. officers were called to Montgomery east of Tramway NE, near a police substation, because a woman in a vehicle had been shot. As officers were rendering aid to her they heard gunshots to the east and several officers “made their way up the street” to where they found a man had been shot in the leg. Officers searching the neighborhood found a woman dead inside a vehicle and APD believe all 3 citizens were shot by the same person.

Officers found a man they believed to be the suspect and he had entered a house and then come back out and an altercation occurred that led to two officers getting superficial gunshot wounds. One was grazed above the eye and the other was struck with pellets below the vest. Two handguns were found with the suspect.

https://www.abqjournal.com/2479277/apd-responding-to-possible-active-shooter-in-foothills-area.html

APD has identified 52-year-old John Dawson Hunter as the man they say shot and killed one woman and injured five other people, including 3 officers. The woman killed was identified as Alicia Hall, 31. Neighbors said she lived in the area. Hall was driving in her car on Montgomery east of Tramway when she was shot. Albuquerque Police Department spokesman Gilbert Gallegos, said Hunter also shot a man and a teenage girl before officers responded to the scene, found him, and shot and killed him during a confrontation.

APD Detectives say the 3 APD officers suffered minor injuries during the gunfire that resulted in Hunter’s death. APD the injuries may have resulted from gunshots that hit a cinderblock wall that broke up and sent debris in their direction. APD Detectives believe Hunter was “suffering some sort of mental crisis when he started shooting randomly at people in the area of his home.” Hunter lived in the 13000 block of Montgomery Blvd. NE.

https://www.koat.com/article/breaking-possible-active-shooter-albuquerque-foothills/39432105

https://www.kob.com/albuquerque-news/apd-ids-victim-suspect-fatally-shot-in-foothills/6419676/?cat=500

https://www.krqe.com/news/albuquerque-metro/apd-identifies-victims-offender-in-foothills-shooting/

https://www.abqjournal.com/2479570/police-id-victim-suspect-in-foothills-shooting.html

Mayor Tim Keller had this to say about the shootings:

“[This is an] example of a tragedy suffered from gun violence in our community. “… this is yet another example of what happens when there is a gun in the wrong hands, and it leads to violence. … This is yet another clarion call in our city. We have to have every level of government focused on reducing gun violence.”

EXTRAORDINARY SESSION APPEARS AVERTED WITH SPECIAL SESSION TALK

On March 9, Governor Michell Lujan Grisham announced that she had vetoed Senate Bill 48, also known as the “Junior Bill” enacted by the 2022 New Mexico 30-day legislative session that ended on February 17. The bill would have authorized $25.2 million in one-time spending and another $25.2 million in ongoing spending. The bill was crafted by the individual legislators and was in addition to the $8.5 billion budget and then$827.7 capital outlay bills. Senate Bill 48, gave each lawmaker a certain amount of money to allocate as they chose. Members of the House got $360,000 each and senators had $600,000. It passed by unanimous votes .

The money would have gone to a wide-ranging set of programs and priorities picked by lawmakers. Among the proposed items were law enforcement equipment, efforts to help homeless animals, student speech and debate clubs, medical equipment, meals on wheels for homebound residents and public safety programs and funding for food bank services in the East Mountains. Lawmakers have not taken up a supplemental spending bill in over 10 years before 2019, when an oil and gas boom resulted in surpluses. Legislators are contemplating the calling an “extraordinary legislative’’ session to override the Governor’s veto of the $50 Million Junior Bill.

https://www.nmlegis.gov/Sessions/22%20Regular/final/SB0048.pdf

The Governor’s veto of Senate Bill 48 resulted in a very public clash between lawmakers and the Governor. There was a growing number of New Mexico legislators who expressed support for calling themselves into “extraordinary session” to allow them to override Governor Lujan Grisham’s veto of a $50 million spending bill. Convening such a session requires support from three-fifths of each chamber of the Legislature. An “extraordinary session” would represent a political rebuke of Lujan Grisham by a legislature her party has solid majorities in in an election year where she is seeking a second term.

On Tuesday, March 15, Democratic lawmakers met behind closed doors for a Caucus meeting to debate to call “special or extraordinary session” and to provide financial relief to drivers squeezed by high gasoline prices and options for restoring $50 million in spending vetoed by Gov. Michelle Lujan Grisham. A Party Caucus is a confidential forum that allows a group of legislators, Democrats or Republicans to discuss strategy or other topics among themselves.

During the March 15 Democratic Caucus meeting, legislators discussed the possibility of an April 5 special session called by the governor that would focus on tax rebates and a revised version of the $50 Million spending bill which she vetoed. No final decision was made during caucus meetings. An extraordinary session would be open to any topic. A special session would be limited to subjects authorized by the governor.

After the caucus meeting, Albuquerque area Democrat Senate President Pro Term Mimi Stewart expressed optimism about reaching an agreement with Lujan Grisham on plans for a special session. She said lawmakers are still evaluating how to address the governor’s objections to the spending bill. If no agreement is reached on a special session, still have the option of calling themselves into “extraordinary” session without the governor’s approval which is provided in the New Mexico constitutions.

Among the fuel options under consideration is “suspending” the state’s 17 cents a gallon tax on gas for now or issuing tax rebates to New Mexicans to reflect the higher cost of living. Other lawmakers say lifting the gas tax might affect the state’s debt obligations, among other potential consequences, leading to increased talk of rebates as an alternative. Lawmakers of both parties have said they support taking action of some kind to help New Mexicans hit by higher fuel costs.

The link to quoted news source is here:

https://www.abqjournal.com/2479619/talks-at-capitol-focus-on-fuel-prices-50m-spending-bill.html

COMMENTARY AND ANALYIS

Soon after the 2022 thirty-day New Mexico legislative session, it became abundantly clear that both the Governor as well as the New Mexico legislature were not at all happy with the final outcome because of the legislation enacted and vetoed. The Governor was given a watered-down crime bill when the legislature gutted “pre-trial” detention and “rebuttable presumption” to hold those accused of violent crime for trial. The legislature became extremely hostile when the Governor vetoed a carefully crafted $50 million spending bill. Complicating matters is that it is an election year where the Governor is seeking a second term, all 70 New Mexico House members are on the ballot, and the general voting public continues to be angry over rising violent crime rates

CALL SPECIAL LEGISLATIVE SESSION

Legislators are discussing the possibility of an April 5 special session called by the governor that would last only two days that would focus on tax rebates and a revised version of the spending package. A special session is strictly limited to subjects authorized by the governor.

An April 5 special session is rushing it and longer than a two-day session is needed. The special session should be called for the first week in May to give sufficient time to work out specific legislation and the session should last at least a week.

Governor Mitchell Lujan Grisham should call a Special Legislative Session and place only 3 items on the agenda:

1. Enactment of a modified $50 Million junior bill that the legislators want
2. Enactment of specific tax rebates or suspension of gas tax
3. Enactment of an “Omnibus Gun Violence And Gun Control Act” to deal with the ever-increasing violent crime crisis in the state.

Following is a discussion of all 3 agenda items that should be considered:

1. $50 MILLION APPROPRIATION BILL

The Governor should make it clear and in no uncertain terms that she will place on the special session agenda a new $50 million spending bill that the legislators have crafted and want. Part the initial spending package was the fact that the bill contained many projects with enough funding to start the projects but not to complete them. Among the proposed items were law enforcement equipment, efforts to help homeless animals, medical equipment, meals on wheels for homebound residents and public safety programs and funding for food bank services, all projects that the Governor should easily support.

If necessary, additional funding should be added to the funding bill that will ensure completion of the projects. Lawmakers have not taken up a supplemental spending bill in over 10 years before 2019, when an oil and gas boom resulted in surpluses. Oil prices have surged following the Russian invasion of Ukraine, sharply expanding revenue in New Mexico making the State the Number 2 oil producer in the United States and there should be more than enough additional revenue to add to the $50 million appropriations to complete the projects.

2. ENACTMENT OF SPECIFIC TAX REBATES OR SUSPENSION OF GAS TAX

Lawmakers of both parties have said they support taking action to help New Mexicans hit by higher fuel costs.

House Republican Minority Leader James Townsend, R-Artesia, had this to say:

“The state is certainly rolling in revenue.”

Gallup Democrat Senator George Muñoz succinctly put it this way:

“People need help.”

The Governor should make it clear and in no uncertain terms that she will support and place on a special session agenda tax rebates or some sort of “gas price relief”. There is a downside the gas tax suspension in that eliminating it will not reduce the price of gasoline as much. The gas tax as it stands builds roads and pay of debt and therefore other “gas price relief” should be sough if possible. This should be a no brainer giving the alarming increases in gas prices and the need for economic relief and the fact the state is continuing to see huge increases in revenues from oil and gas production.

The link to quoted news source is here:

https://www.abqjournal.com/2479619/talks-at-capitol-focus-on-fuel-prices-50m-spending-bill.html

3. ENACT “OMNIBUS GUN VIOLENCE AND GUN CONTROL ACT

“Omnibus Gun Violence And Gun Control Act” should be enacted in a special session and must include sweeping legislation to deal with gun control, gun violence and violent crime in the state.

ENHANCEMENT CRIMINAL SENTENCINGS

The following increases in enhancements should be enacted:

1.Increase the firearm enhancement penalties provided for brandishing a firearm in the commission of a noncapital felony from 3 years to 10 years for a first offense and for a second or subsequent noncapital felony in which a firearm is brandished 12 years.

2.Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon, defined as an item or object used to inflict mortal or great bodily harm, in the commission of a noncapital felony with enhanced sentences of 5 years for a first offense and for second or subsequent noncapital felony in which a lethal weapon other than a firearm is brandished 8 years.

3.Enact legislation making it a 4th degree felony punishable up to 18 months in jail for failure to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users.

GUN CONTROL LEGISLATION

The New Mexico legislature could enact the following gun control measures:

4. Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

5. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

6. Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

7. Review additional bail bond reforms and statutorily empower judges with more authority and more discretion to hold and jail those pending trial who have prior violent crime convictions.

8. Institute mandatory extended waiting periods to a month for all sales and gun purchases.

9. Implement in New Mexico mandatory handgun licensing, permitting, training, and registration requirements.

10. Ban the sale in New Mexico of “bump-fire stocks” and other accessories.

11. Provide more resources and treatment for people with mental illness.

12. Limit gun purchases to one gun per month to reduce trafficking and straw purchases.

KEEPING FIREARMS OUT OF THE HANDS OF CHILDREN

Given the severe increase of murders of children at the hands of children, the “Omnibus Gun Violence And Gun Control Act” needs to include provisions directed at keeping firearms out of the hands of children and holding adults owner of guns responsible for their guns. Provisions that should be considered are as follows:

13. Currently, you must be at least 19 years old to legally possess a handgun in New Mexico and there is no minimum age to possess rifles and shotguns. Expand the age limitation of 19 to rifles and shotguns,

14. Currently, the unlawful possession of a handgun by someone under age 19 is a misdemeanor carrying a penalty of from 6 months to one year in jail. It should be classified as an aggravated fourth-degree felony mandating a 2-year minimum sentence.

15. Expand the prohibition of deadly weapons from a school campus to school zones.

16. The case of any juvenile arrested possession of a weapon and charged by law enforcement are to be referred the District Attorney for automatic prosecution.

17. Make it a felony, in certain circumstances, if a person recklessly stores a firearm and a minor gains access to it to threaten or harm someone. If a firearm is accessed by a minor and used in the commission of a crime resulting in great bodily harm or death, the person responsible for storing the firearm could be charged with an aggravated fourth-degree felony, carrying a 24 month prison sentence.
If a firearm were accessed by a minor and used in the commission of a lesser crime, the person responsible for keeping or storing the firearm could have been charged with a 4th degree felony punishable by up to a 18 months in jail.

18. Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers. Legislative funding needs to be provided to accomplish the requirement.

MENTAL HEALTH FUNDING CRITICAL COMPONANT

The March 13 shoot out and killing of John Dawson Hunter emphases the need that funding must be considered a critical part of any “Omnibus Control Gun Control And Violence Act”. To that end, the legislature needs to fund and strengthen the states decimated behavioral health system, incentivize new provider services and build peer support programs and increasing addiction treatment services. This would include funding to expand court ordered treatment programs and increase funding and capacity for specialty courts.

Until aggressive action is taken to not only change the criminal sentencing laws but to enforce and prosecute violations of the laws, the city and the state will see very little reduction in the states violent crime rates and an increase number of body bags and funerals.

FINAL COMMENTARY

Many elected officials, law enforcement and the public quickly expressed disappointment that not enough was done by the New Mexico legislature when it came to enacting legislation that could actually bring down violent crime. The Governor’s ill-advised veto of Senate Bill 48 made things even worse by antagonizing the entire legislature both Democrats and Republicans alike.

There now exists a very unique opportunity to deal with all 3 major issues all at one time and do so with compromise.

The final results of the March 5 Democratic Party Nominating Convention are in with the results announced by the Democratic Party. More than 1,140 delegates attended the convention held in Roswell, New Mexico, either in person or by ZOOM. A voting period was allowed from March 5 to March 9. On Sunday, March 13 results were announced by video call to convention delegates.

In order to be place on the June 7 ballot, each candidate in the contested races were required to get 20% of the convention delegate vote. Any candidate who finished below the 20% threshold can collect more petition signatures to make the ballot.

UNCONTESTED RACES

Those candidates who ran unopposed and received 100% of the delegate votes cast are:
Governor Michelle Lujan Grisham
Lieutenant Governor Howie Morales
New Mexico Secretary of State Maggie Toulouse Oliver
New Mexico Commissioner of Public Lands Stephanie Garcia Richard
Unites States Representative Melanie Stansbury (NM CD -1)
United State Representative Teresa Ledger Fernandez (NM CD-3)

CONTESTED RACES

The winner in each contested race has their name listed first on the June 7 ballot and gets the bragging rights and the benefit of the ballot position. Following are the result of the contested races and percentages of delegate votes each received:

ATTORNEY GENERAL

State Auditor Brian Colón: 61%
Bernalillo County District Attorney Raul Torres: 39%

Democrat Attorney General Hector Balderas is term limited, he has served two terms and cannot run for reelection this year. The winner of the Attorney General nomination will face Republican Jeremy Gay, a Gallup lawyer and former judge advocate in the Marine Corps in the November 8, general election

STATE AUDITOR

Zack Quintero, a former state ombudsman: 62%
Public Regulation Commissioner Joseph Maestas: 38.19%

There’s no Republican candidate for State Auditor, so whoever wins the Democratic Primary on June 7 wins the November 8 general election by default.

STATE TREASURER:

Former Sandoval County Treasurer Laura Montoya: 58%
Former municipal and magistrate judge Heather Benavidez: 41.71%

The winner of the June 7 primary will face Republican Harry Montoya in the general election.

UNITES STATES REPRESENTATIVE, NM CD-2

Las Cruces City Councilor Gabe Vasquez: 80.4%
Darshan Patel: 19.6%

The Democratic nominee will face Republican Yvette Herrell.

A Democratic Party spokeswoman said it will be up to state election officials to determine whether Patel’s vote total would be rounded up to 20% or whether he must submit more signatures. Patel’s campaign for its part contends the number must be rounded up and that he has qualified for the ballot.

COMMENTARY

Now the 2022 elections begin in earnest. Best of luck to all who are committed to public service and will to make the private sacrifice to represent the State of New Mexico.

Because of Albuquerque’s and the State’s rising violent crime rates, strengthening the state’s crime laws and enacting anti-crime legislation became the number one priority of Governor Michell Lujan Grisham and the 2022 New Mexico legislature’s 30 day short session.

On March 9 Governor Michell Lujan Grisham signed into law the crime bill enacted by the 2022 New Mexico legislature. It is a sweeping crime package that was a result of significant compromising. The most controversial provisions in the crime package was the legislatures rejection of the “rebuttable presumption” in pretrial detention and it was replacing it with a 24-hour court monitoring program.

The enacted and now signed into law crime bill mandates the courts to provide greater supervision of defendants by requiring courts to share ankle monitoring data with law enforcement agencies upon request. It requires the courts to turn over GPS monitoring data to police and prosecutors during a criminal investigation to allow better tracking of pretrial defendants on electronic monitoring in an effort to prevent a charged defendant awaiting trial from committing another crime. The crime bill as enacted expands surveillance of criminal defendants as they await trial with 24-hour monitoring of ankle-bracelet tracking devices.

Other legislation signed into law by the Governor are:

1. Establish programs to recruit and retain law enforcement officers.
2. Allocate $50 million from the budget to establish an officer recruitment fund.
3. Strengthen penalties for gun crimes, including a felon in possession of a firearm and using a firearm to commit a felony.
4. Create criminal statutes for violent threats, property damage and chop shops.
5. Eliminate the statute of limitations for second-degree murder.
6. Increase to $1 million the death benefits for families of peace officers killed in the line of duty.
7. Establish the Violence Intervention Program Act and allocate $9 million from the budget to establish intervention programs statewide.
8. Allocate crime reduction grants, accompanied by $2 million in the budget for the grants.

Other provisions of the crime bill include:

The crime bill changes law enforcement training by banning choke-holds and teaching de-escalation techniques.

The crime bill bars the use of the “gay panic defense,” which involves defendants asserting the discovery of a person’s gender or sexual orientation caused them to harm the victim.

The bill redefines the role and composition of the Law Enforcement Academy Board and splits the board’s functions into two separate entities.

The legislation also creates new judges for the 2nd, 5th and 13th judicial districts.

In a statement after signing the crime package into law, Lujan Grisham had this to say:

“Every New Mexican deserves to feel safe in their communities – and they are demanding action from their government. … [This bill] expands upon the transformational work we’ve done in previous years, strengthening our state’s public safety system and making streets safer in every New Mexico community.”

Links to quoted news sources are here:

https://www.kob.com/albuquerque-news/gov-lujan-grisham-signs-bipartisan-crime-bill-into-law-/6414721/?cat=500

https://www.abqjournal.com/2477680/governor-signs-budget-bill-crime-package-in-advance-of-deadline.html

Notwithstanding the enactment of the crime bill, many within the legislature, the general public and prosecutors felt not enough was done to deal with violent crime and especially gun violence. The postscript to this article provides the sobering statics. If reducing violent crime in New Mexico is indeed the ultimate goal, more needs to be done that directly addresses gun violence and violent crime offenders.

FELONY SENTENCING IN NEW MEXICO

A review of the state’s sentencing laws in the context of violent crimes is in order.

New Mexico uses what is referred to as determinate sentencing system. It means that if you’re convicted of a felony, the judge will sentence you to a fixed term in prison, up to the legal maximum for the crime found guilty. The sentencing judge may alter the basic sentence by either decreasing or increasing the basic sentence and can do so by as much as a third if evidence at the sentencing hearing shows that there were mitigating or aggravating circumstances surrounding the crime or in a defendant’s background. Use of a gun in the commission of a crime is an aggravating circumstance and their are aggravating charges when a firearm is used in the commission of a crime.

Pre-sentence reports are prepared by the state’s corrections department, probation and parole division, where detailed reports are prepared on a defendants background and the crime committed and making recommendations to the court for sentencing. The prosecution at the time of a sentencing hearing presents the aggravating evidence or circumstances justifying increasing the basic sentence. The defense at the time of sentencing presents the mitigating evidence or circumstance to reduce the basic sentence and to argue for suspended sentences and no jail time.

In New Mexico, misdemeanors carry potential punishment of less than a year in local jail and fines. Felonies are serious crimes that may be punished by a year or more in prison and fines. For purposes of felony sentencing, New Mexico categorizes felonies into five groups: Capital Felonies, 1st , 2nd , 3rd and 4th degree felonies.

Following is a short summation of New Mexico’s criminal penalty sentencings:

New Mexico law lays out the basic prison sentences for each of the different categories of felonies. Except for capital felonies, these basic sentences are the maximum term of imprisonment for that degree of felony before any sentence enhancements. … The law also specifies the maximum fines that judges may order in addition to a prison sentence.

Convictions for capital felonies, such as first-degree murder, carries a a sentence of life in prison.

First-degree felony convictions carry a basic prison sentence of up to 18 years, plus a possible fine up to $15,000. However, if the felony resulted in the death of a child or was for aggravated criminal sexual penetration, the maximum penalty is life in prison plus a fine of $17,500. Other examples of first-degree felonies include kidnapping and sex trafficking a minor under age 13.

The basic sentence for most second-degree felonies is up to nine years in prison, plus a maximum fine of $10,000. Examples of violent crime second-degree felonies include armed robbery, armed burglary and armed assault with a deadly weapon.

Third-degree felony convictions carry a basic sentence of up to three years in prison and a possible fine of up to $5,000. Examples of third-degree felonies include voluntary manslaughter, residential burglary, distributing marijuana to a minor, and aggravated assault on a healthcare workers.

A fourth degree felony convictions carry a basic sentence of up to 18 months in prison and a fine up to $5,000. The maximum prison sentence is 10 years if the crime involved sexual exploitation of a child. Examples of fourth-degree felonies include larceny , or theft, of property worth more than $500 but no more than $2,500, personal possession of some illegal drugs , including methamphetamine and opiates.

ENHANCED FELONY SENTENCES IN NEW MEXICO

In addition to the alterations in basic sentences for aggravating or mitigating circumstances, New Mexico law requires an increase in those basic sentences in certain situations, including when the defendant has previous felony convictions and when the current offense was a hate crime. Under New Mexico’s habitual offender laws, if someone convicted of a felony, other than a capital felony has previous felony convictions, the basic maximum sentence for the current crime will be increased by the following amounts:

• One year for one prior felony conviction
• Four years for two prior felonies, or
• Eight years for three or more priors.

Other factors that could affect a defendant’s sentence include criminal history and the circumstances surrounding the crime.

The link to quoted source material is here:

https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/new-mexico-felony-class.htm#:~:text=Most%20first%2Ddegree%20felonies%20carry,plus%20a%20fine%20of%20%2417%2C500.

FIREARM ENHANCEMENT SENTENCING

Criminal Sentencing becomes complicated when there is a firearm involved with felony charges. New Mexico has also enacted what is referred to as a firearm enhancement provision when it comes to crimes committed. When the defendant is convicted of a felony and a firearm is used, securing deferred jail time or a suspended sentence does not exist.

“Under New Mexico law, it is important to note that a firearm is defined as a weapon “designed to propel an object by an explosion”. There is a significant distinction between a firearm and a deadly weapon. Many objects may be used as deadly weapons. Much of the classification of a deadly weapon depends upon intent. As such, a lamp if used with deadly intent constitutes a deadly weapon. Firearm classification is more restrictive. For instance, a bb gun or even a C-O2 air gun may constitute deadly weapons depending upon the intent and use, but neither are considered firearms.”

The link to quoted source material is here:

https://www.collinsattorneys.com/firearm-sentencing-enhancement/

It is section 31-18-16 of the New Mexico Statutes that provides for enhance sentences for brandishing of firearm. The statute provides as follows:

“A. When a separate finding of fact by the court or jury shows that a firearm was brandished in the commission of a noncapital felony, the basic sentence of imprisonment prescribed … shall be increased by three years, except that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by one year.
B. For a second or subsequent noncapital felony in which a firearm is brandished, the basic sentence of imprisonment … shall be increased by five years, except that when the offender is a serious youthful offender or a youthful offender, the sentence imposed by this subsection may be increased by three years.”
C. …
D. As used in this section, “brandished” means displaying or making a firearm known to another person while the firearm is present on the person of the offending party with intent to intimidate or injure a person.”

https://nmonesource.com/nmos/nmsa/en/item/4379/index.do#!fragment/zoupio-_Toc97025891/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgE4B2ABgCYArAA4OARgCUAGmTZShCAEVEhXAE9oAcg2SIhMLgRKV6rTr0GQAZTykAQuoBKAUQAyTgGoBBAHIBhJ5KkYABG0KTs4uJAA

MURDER OF CHILDREN AT THE HANDS OF CHILDREN

APD is saying they are seeing an increase in violent crime by increasingly younger offenders. All one has to do is look to the headlines in Albuquerque as proof of this fact. Those headlines include the following:

On August 1, 2020, 18-year-old Fedonta “JB” White, a Santa Fe High School basketball star and the state’s most highly recruited athlete was shot and killed at a house party in Chupadero. Authorities charged 16-year-old Estevan Montoya with the first-degree murder of White.

https://www.santafenewmexican.com/news/local_news/fedonta-jb-whites-death-one-year-later-heartache-hurt-and-healing/article_eb7bf9f6-eee9-11eb-a1eb-af3ce8b34182.html

On August 13, 2021 Bennie Hargrove was shot 6 times by fellow classmate 13-year-old Juan Saucedo at lunch time during bullying incident outside Washington Middle. Saucedo was said to have taken his parents gun from home to the school on the day of the killing.

https://www.kob.com/albuquerque-news/brave-bennie-13-year-old-victim-identified-in-fatal-middle-school-shooting/6207304/

Late November 2021, a violent Halloween weekend left 5 dead around the Albuquerque metro area and left several others injured. A house party on the city’s west side left four people injured. Police say the shooting happened during a large house party on Fountain Court Northwest. Four people were shot in the leg, but police say none of the injuries were life-threatening. APD said a group of 4 young men that included a juvenile showed up at the apartment party and attempted to rob one man of his shoes before gunfire erupted. One of the shooting victims was a juvenile. When a detective asked an 18-year Acee who was one of the group of alleged intruders if it is a “normal thing” for people to be at a party with an AK-47, he reportedly replied, “This is Albuquerque.”

https://www.koat.com/article/abq-corrales-homicides-halloween-weekend/38123940

On February 25, 2022 16-year-old West Mesa High junior Andrew Burson was shot and killed just east of campus by a fellow student. Police say Burson and 14-year-old Marco Trejo were arguing over a “ghost gun” Burson had bought on the internet and assembled himself. Burson confronted Trejo near the football field, claiming Trejo had stolen the gun. Prosecutors say Trejo shot Burson with “no appreciation for human life.” On March 1, it was reported that 14-year-old Marco Trejo was charged with murder and tampering with evidence and is being held at the juvenile detention center while awaiting trial.

https://www.abqjournal.com/2474888/14-year-old-ordered-held-in-fatal-shooting-of-fellow-west-mesa-high-school-student.html

On March 4, 2021 it was reported that two Albuquerque High School students were shot at Santa Barbara Martineztown. According to the report, an Albuquerque High School student and his friends went to the park during their lunch break when a drive-by shooting broke out. According to APD, a freshman student was jumped by two other students in the parking lot of the school. The students agreed to continue the fight in the park during lunch. The freshman who was jumped brought two of his friends to the park as backup. However, instead of a fight, a silver vehicle with an unknown subject fired several rounds shooting the freshman’s two friends. Nearby schools were ordered to shelter in place after the shooting. Police said both shooting victims are expected to survive and detectives have tracked down and secured the vehicle related to this shooting.

https://www.kob.com/albuquerque-news/two-hospitalized-after-shooting-near-santa-barbara-martineztown-park-/6410176/

NEW MEXICO CHILDRENS CODE

New Mexico has enacted the New Mexico Children’s Code that deals with the charging and prosecution of children for all crimes, misdemeanor and felony crimes. The children’s code is complicated. It essentially establishes a separate and distinct criminal justice system to charge minors, defined as those under the age of 18, and determining juvenile delinquency with petitions for children in need of supervision and charging a child as a “serious youthful offender”.

The Children’s code provides the process of charging, trying, convicting and sentencing of minors to the juvenile detention facilities and not the adult prison system. Minors do have rights that adults do not have such as criminal records being sealed and not open to the public. The children’s code provides for the process for the determination if a minor should be tried and sentenced as an adult for crimes committed. At the core of the children’s code is what is in the best interest of the child, the child’s family and rehabilitation.

https://childlaw.unm.edu/assets/docs/Juvenile-Justice-Handbook-August-2011.pdf

Under the children’s, crimes are defined in terms of a “delinquent act”. Under the children’s code, “delinquent act” means an act committed by a child that would be designated as a crime under the law if committed by an adult. A “delinquent child” means a child who has committed a delinquent act. A “delinquent offender” means a delinquent child who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender.

A “youthful offender” means a delinquent child subject to adult or juvenile sanctions who is 14 to 18 years of age at the time of the offense and who is adjudicated and found guilty for any number felonies. Those felonies include and are not limited to second degree murder, assault with intent to commit a violent felony, kidnapping, aggravated battery, shooting at a dwelling or occupied building or shooting at or from a motor vehicle, criminal sexual penetration,  robbery, aggravated burglary, aggravated arson, and abuse of a child that results in great bodily harm or death to the child.

https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-2-3.html

COMMENTARY AND ANALYIS

After the 2022 thirty-day New Mexico legislative session, many elected officials, law enforcement and the public quickly expressed disappointment that not enough was done by the New Mexico legislature. The blunt truth is that many of those complaining are of the mistaken belief that the legislature plays the biggest roll in reducing crime, which is simply not the case. Strong criminal laws are only as good as those enforce them, especially by law enforcement and the prosecution.

Enactment of strong crime laws goes only so far. Enhancements and increases in penalties will work to reduce violent crime only if law enforcement and the prosecution do their part. As it stands now, law enforcement and the prosecution are failing miserably, at least when it comes to Albuquerque.

LAW ENFORCEMENT

APD statistics for the budget years of 2019 and 2020 reflect that APD is not doing its job of investigating and arresting people. APD felony arrests went down from 2019 to 2020 by 39.51%, going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%. Bookings at the jail have plummeted from 38,349 in 2010 to 17,734 in 2020. To have booking, there must be arrests. APD’s homicide unit has an anemic clearance rate of 36%.

THE PROSECUTION

When Raul Torrez ran for DA the first time, he said our criminal justice system was broken. Torrez accused the District Courts of being responsible for the rise in crime and releasing violent offenders pending trial. Torrez accused defense attorneys of “gaming the system” to get cases dismissed against their clients. A report to the Supreme Court prepared by the District Court revealed it is the DA’s office dismissing more felony cases for various reasons than the courts. The DA’s office currently has the highest voluntary dismissal rate in its history, and plea agreements with low penalties are the norm. Data given to the Supreme Court revealed overcharging and a failure to screen cases by the DA’s Office contributes to a combined 65% mistrial, acquittal and dismissal rate.

District Attorney Raul Torrez is also guilty of mismanagement of office personnel and resources despite repeated increases in budget. As of January 11, 2022 Bernalillo County District Attorney Raul Torrez has a $27,778,800 million operating budget, a whopping $6.2 million more than in 2018. Of the $27,228,800, $16,890,059, well over half, is dedicated to salaries. The office employs attorneys, paralegals, administrative assistants, victim advocates, investigators, IT managers and personnel and finance divisions. As of January 11, 2022, the office is budgeted for 332 full time positions with 285 of those positions “active”, meaning filled, and with the office having an alarming 47 vacancies. According to the New Mexico State Government Sunshine Portal, there are 16 vacant attorney positions within the DA’s Office. In addition to the vacant attorney positions, other noteworthy positions fully funded but vacant are investigator positions and legal assistant positions.

https://ssp3.sunshineportalnm.com/#

http://sunshineportalnm.com/sample/#section=Employee

CALL SPECIAL SESSION

Governor Mitchell Lujan Grisham needs to call a Special Legislative to deal exclusively with enactment of an “Omnibus Gun Violence And Gun Control Act” to deal with the ever-increasing violent crime crisis in the state. While they are at it, they should deal with citizen militias. The sobering statistics reflecting just how bad things are in the state are in the postscript. The enactment sweeping changes to the criminal code needs to send the strongest message possible to deal with violent crime and to send the clear message gun violence is not tolerated in the state.

The “Omnibus Gun Violence And Gun Control Act” would include the following sweeping legislation to deal with gun control, gun violence and violent crime in the state:

ENHANCEMENT OF SENTENCES

The following increases in enhancements should be enacted:

1.Increase the firearm enhancement penalties provided for brandishing a firearm in the commission of a noncapital felony from 3 years to 10 years for a first offense and for a second or subsequent noncapital felony in which a firearm is brandished 12 years.

3.Enact legislation making it a 4th degree felony punishable up to 18 months in jail for failure to secure a firearm. Gun owners would have to keep their firearms in a locked container or otherwise make them inaccessible to anyone but the owner or other authorized users.

GUN CONTROL LEGISLATION

The New Mexico legislature could enact the following gun control measures:

4. Call for a constitutional amendment to repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

12. Limit gun purchases to one gun per month to reduce trafficking and straw purchases.

KEEPING FIREARMS OUT OF THE HANDS OF CHILDREN

Given the severe increase of murders of children at the hands of children, the “Omnibus Gun Violence And Gun Control Act” needs to include provisions directed at keeping firearms out of the hands of children and holding adults owner of guns responsible for their guns. Provisions that should be considered are as follows:

13. Currently, you must be at least 19 years old to legally possess a handgun in New Mexico and there is no minimum age to possess rifles and shotguns. Expand the age limitation of 19 to rifles and shotguns

18. Mandate public school systems and higher education institutions to “harden” their facilities with more security doors, security windows, security measures, including metal detectors at single entrances designated and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers. Legislative funding needs to be provided to accomplish the requirement.

ENACT CITIZEN MILITIA REGISTRATION ACT

Citizens militias are becoming an ever-increasing problem not only in New Mexico, but across the country. A number of citizen militia, such as the “Proud Boys”, participated in the January 6, 2021 capital riot to stop the election certification of President Joe Biden.

The New Mexico Civil Guard is a heavily armed self-described militia group that has showed up at several protests around Albuquerque, including a June 2020 protest of the Juan de Oñate statue in Old Town where one protester was seriously injured. The New Mexico Civil Guard shows up to protests fully armed asserting they are there to protect public property and to keep the peace.

Citizen Militias are not regulated in the State of New Mexico and there is no comprehensive federal law that regulates them under the Second Amendment to the US Constitution. 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 their to assume the responsibility law enforcement to protect people and property. Such attendance amounts to nothing but vigilantism.

As part of an Omnibus Enact legislation that either bans “citizen militias” entirely or regulate all citizens militias. Citizen militias need to be define along similar lines of how “gangs” are defined under federal criminal law or state law.

The link to a related blog article is here:

https://www.petedinelli.com/2020/07/08/us-congress-and-nm-legislature-must-ban-citizen-militias-or-enact-citizens-militia-registration-act-sweeping-responsible-gun-control-legislation-also-needed/

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

A “citizens miltia” could 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:

1. To allow only American Citizens to be members of a citizen militia.
2. Register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) within the United States Department of Justice.
3. Require members to register their firearms with the ATF.
4. Pay yearly regulation fees and firearm certification fees and carry liability insurance.
5. Identify all their members by name, address and contact information.
6. Prohibit felons from joining.
7. Limit their authority and powers so as to prevent militias to engage in law enforcement activities.
8. Require members to pass criminal background checks and psychological testing.
9. Mandate training and instructions on firearm use and safety.
10. Require all militias and its members to agree to follow all local and federal laws.
11. Failure to register as mandated by federal would be a fourth degree felony.

FUNDING CRITICAL COMPONANT

Funding must be considered a critical part of any ‘ Omnibus Control Gun Control And Violence Act”. To that end, the legislature needs to fund and strengthen diversion programs. This would include funding to expand court ordered treatment programs and increase funding and capacity for specialty courts. Funding should also be provided to the behavioral health system, incentivize new provider services and build peer support programs and increasing addiction treatment services.

FINAL COMMENTARY

It is more likely than not many of the proposals suggested will make more than a few legislators uncomfortable. Until aggressive action is taken to not only change the laws but to enforce and prosecute violations of the laws, the city and the state will see very little reduction in the states violent crime rates and an increase number of body bags and funerals.

_________________________

POSTSCRIPT

SOBERING STATISTICS

The final tally of murders Albuquerque for 2021 is 117. It shattered the previous 2019 record by 36 murders. 97 of the homicides involved guns. The dramatic increase in homicides and robberies is drug related and involves guns.

The link to quoted source material is here:

https://www.abqjournal.com/2458296/remembering-some-of-2021s-homicide-victims-in-abq-ex-total-

ALBUQUERQUE CRIME RATES IN A NUTSHELL

According to the 2020 FBI Unified Crime Reports:

Albuquerque has a crime rate of 194% higher than the national average.
Albuquerque’s Violent Crime Index for 2020 is 346% of the national average.
Albuquerque Property Crime Index for 2020 is 256% of the national average.

SOURCE:

https://crime-data-explorer.app.cloud.gov/pages/explorer/crime/crime-trend

Albuquerque has made the top 100 list of most dangerous cities 5 years in a row. Neighborhood Scout’s provides comprehensive database of real estate data and compiles a listing of what it considers are the 100 most dangerous cities in the United States based on violent crime rates and population. Over the last 5 years, the city has gone from the low rank of #74 to a rank of #21. Following is Albuquerque’s rankings out of 100:

2021: #21 Ranking
2020: #23 Ranking
2019: #25 Ranking
2018: #50 Ranking
2017: #74 Ranking

https://www.neighborhoodscout.com/blog/top100dangerous

NEW MEXICO CRIME RATES

In 2021 and into 2022, New Mexico continues to have a higher-than-average crime rates across the board. New Mexico has the second-highest violent crime rate in the US, behind Alaska with 8.4 incidents per 1,000. In a recent poll of New Mexico residents, 56% of respondents named gun violence as a top safety concern and above the US average of 53%.

The link to news source material is here:

https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2020-incident-based-data

https://crime-data-explorer.app.cloud.gov/pages/explorer/crime/crime-trend

https://www.safewise.com/blog/safest-cities-new-mexico/

SUICIDE AND HOMICIDE GUN DEATHS

In an average year, 389 people die by guns in New Mexico. with a rate of 18.3 deaths per 100,000 people, New Mexico has the 8th-highest rate of gun deaths in the united states. In New Mexico, 67% of gun deaths are suicides and 27% are homicides. This is compared to 61% and 36% respectively, nationwide.

https://maps.everytownresearch.org/wp-content/uploads/2020/04/Every-State-Fact-Sheet-2.0-042720-NewMexico.pdf

On December 21, 2021, The New Mexico Department of Health (NMDOH) announced that 481 New Mexico residents died in 2020 from firearm-related injuries. This compares to 472 individuals who died by firearm injuries in 2019. The age-adjusted rate of firearm-related injury deaths in New Mexico in 2020 was 23.1 per 100,000 residents. This means that in 2020, for every 100,000 people in New Mexico, 23 individuals died by firearm. This rate is 3.4% higher than the age-adjusted firearm-related death rate of 22.3 deaths per 100,000 residents reported in 2019. However, compared to a decade ago, this rate is drastically higher. The 2020 rate is 55% higher than the rate from 2010 (14.9 deaths per 100,000 people).

https://www.nmhealth.org/news/awareness/2021/12/?view=1760#:~:text=This%20means%20that%20in%202020,100%2C000%20residents%20reported%20in%202019.

Friday evening, March 11, Mayor Tim Keller announced in a statement that his appointed Chief Administrative Officer (CAO) Sarita Nair is resigning her position. According to the statement, she will be leaving in April, less than 4 months into Mayor Tim Keller’s second term. Nair has been the city’s chief administrative officer since late 2017. The city’s CAO is the city’s senior executive manager overseeing all 19 departments of municipal government and a budget of over $1 billion. Nair is the very first woman to have served as CAO.

The city declined the Albuquerque Journal’s request to interview CAO Nair on Friday evening.

The link to quoted news source material is here:

https://www.abqjournal.com/2478553/kellers-highest-ranking-appointee-stepping-down.html

In the statement announcing her departure, Nair had this to say:

“I have loved my time as CAO, and I am deeply grateful to the amazing team of diverse, smart, dedicated, compassionate people who make City government great.”

Mayor Tim Keller for his part had this to say:

“[Sarita Nair has had] transformative impact shepherding our city through the pandemic, revolutionizing our social justice efforts and championing both modern crime fighting and police reform. I join our whole community in expressing gratitude for her dedication to the Duke City.”

CHIEF ADMINISTRATIVE OFFICER SARITA NAIR

Nair is credited with helping create the Community Safety Department, assisted with significant economic development projects like Netflix, and open the city’s Office of Equity and Inclusion.

Sarita Nair was appointed Chief Administrative Officer (CAO) by Mayor Tim Keller in December 2017. As CAO, Ms. Nair is the City’s top senior executive manager, overseeing all 19 departments of municipal government and a $1.1 billion dollar budget. Sarita Nair is the very first woman of color to serve as Chief Administrative Officer for the City. Originally from Pittsburgh, Ms. Nair earned her bachelor’s degree from Wesleyan University, a master’s degree from the University of New Mexico School of Community and Regional Planning, and graduated magna cum laude from the University of New Mexico School of Law. As Chief Administrative Office, Sarita Nair was paid $196,773.12 in 2021 and likely received a raise of at least 6% in December.

Prior to being appointed as the CAO, she was appointed by then State Auditor Tim Keller as the State Auditor’s Chief Government Accountability Officer and General Counsel. Prior to that, Ms. Nair was a shareholder at the law firm of Sutin, Thayer & Browne, representing private companies and public entities in business and governance matters since 2004. As a business lawyer, she worked for a wide range of small and family businesses across New Mexico, to represent both companies and governments in industrial revenue bond and Local Economic Development Act transactions. Prior to her law career, Nair worked in the field of international development and consulted on policy initiatives for a number of organizations including the United Nations Economic Commission for Latin America and the Caribbean and the New York City Parks and Recreation Department.

https://www.cabq.gov/chief-administrative-officer

CONFIRMATION VOTE

CAO Sarita Nair has been at the center of controversy, along with Keller’s other top appointees, between Keller and city councilors over which city appointees are required to be confirmed by the city council in Keller’s second term. City Councilor Dan Lewis, who lost to Keller in a landslide in 2017, insists the City Charter gives the city council the right to vote and confirm or reject the CAO, the APD Police Chief and Fire Chief. After being elected once again to the City Council on November 2, Republican Dan Lewis vowed, along with newly elected Democrat City Councilor Louis Sanchez and Republican Renee Grout, that the council would hold Tim Keller and his top appointees accountable and had every intention to conduct hearings on their confirmation and ask the hard questions.

Mayor Tim Keller strongly disputes that another confirmation vote is necessary, proclaiming all have been previously confirmed during his first term. Keller claims the fact that voters reelected him last fall in a landslide is a sign his team deserves reconfirmation. Notwithstanding his objections, Keller forwarded to the city council a single nomination “executive communication” nominating CAO Sarita Nair, Police Chief Harold Medina, Fire Chief Gene Gallegos, Chief Operating Officer Lawrence Rael and Chief Financial Officer Sanjay Bhakta. Keller expected the council to vote on the team as a whole rather than hold individual hearings.

Keller spokesman Daniel Jiron said the reconfirmation question was not a factor in Nair’s departure and had this to say:

“The reconfirmation has nothing to do with this decision.”

NAIR NO STRANGER TO CONTROVERSY

CAO Sarita Nair is no stranger to past controversies at City Hall and especially when dealing with the Albuquerque Police Department.

THE ONATE STATUTE PROTEST

City Hall confidential sources report that Mayor Tim Keller was in constant contact with CAO Sarita Nair during the June 15, 2020 Onate Statue Protest at the Albuquerque Museum where a person was shot. According to confidential sources, both Keller and Nair were contacted by a Keller political campaign advisor who was involved with the protest and who demanded that Keller and Nair give Chief Geier and Deputy Chief Harold Medina instructions on how they wanted the protest to be handled and how city property was to be protected. Neither Nair nor Keller have prior management experience with any law enforcement department and have no experience with law enforcement tactical plans nor how they are implemented. The Keller and Nair involvement, and especially listening to a political advisor, and giving instructions on how they wanted APD to handle the June 15 protest infused politics in the management of APD.

PUSHING AN APD CHIEF OUT TO REPLACE WITH A POLITICAL CRONY

On Thursday September 10, 2020, APD Chief Geier and Mayor Keller quickly called a joint news conference to announce that APD Chief Geier was retiring for a fourth time from law enforcement after a 47-year career. During the September 10, 2020 press conference, Geier announced he was retiring and Mayor Tim Keller announced First Deputy Harold Medina as Interim Chief. Keller announced a national search would be conducted to find a new chief.

Within a few days, it was revealed that former Chief Michael Geier was indeed forced to leave by Mayor Tim Keller and Chief Administrative Officer Sarita Nair. It was then First Deputy Chief Harold Medina that helped orchestrate Geier’s removal. Medina and Nair had formed a strong working relationship primarily because Medina was to act as an informant to Nair of virtually everything APD Chief Geier was doing in order to undercut Geier and for Medina to curry favor to become Chief.

Confidential sources provided information that APD Chief Michael Geier was summoned to a city park by Mayor Tim Keller and CAO Sarita Nair during the September 5 Labor Day Holiday weekend. The purpose of the meeting was that Keller had decided to let Geier go, that his services were no longer needed and it was time for Geier to leave APD. According to sources Keller told Geier he wanted to take APD in a different direction. Geier was given the choice between termination or retirement and Geier agreed that it was time for him to retire.

Soon after their walk in the park, sources say that Geier met CAO Nair in her office at city hall and the meeting became very hostile. On Thursday morning, September 10, the details of Geier’s “retirement” were worked out and the press conference was held by Keller where Geier read his statement.

A related blog article report is here:

https://www.petedinelli.com/2020/09/14/gieirs-walk-in-the-park-ends-with-his-retirement-ask-me-no-questions-you-internet-rumor-monger-pollster-explains-kellers-6/

KELLER’S CITY HALL EXECUTIVE STAFF AND DEPARMENT DIRECTORS IN TOP 250 WAGE EARNERS

According to the 2021 enacted budget, the City of Albuquerque employs 6,259 full time employees with an annual budget of $1.2 Billion dollars. The link to the enacted 2021-2022 budget is here:

Click to access fy22-approved-budget-numbered-w-hyperlinks-final.pdf

City Executives and Department Directors are considered “at will” employees and serve at the pleasure of Mayor Keller. There are 26 city departments. There are 30 City Hall Executive Positions and Department Directors identified in the top 250 wage earners for the 2021 calendar year. Each are paid a set salary they can negotiate or they take whatever is offered by the mayor. When Keller was first elected 4 years ago, beginning pay for Department Directors was approximately $116,000 but over the last 4 years, the pay has increase to roughly $130,000 a year.

Executive salaries and Department Directors individuals and what they were paid in 2021 are as follows:

MAYOR’S SENIOR EXECUTIVE STAFF

Mayor Tim Keller is paid $125,278.72 a year and Albuquerque City Councilors are paid $35,860 a year with their salaries determined by the Citizens’ Independent Salary Commission.

Mayor Keller’s top senior executive staff were paid the following salaries for all of 2021:

Chief Administrative Office Sarita Nair: $196,773.12
Chief Operations Officer Lawrence Rael: $191,600.30
Chief Of Police Harold Medina: $177,562
Albuquerque Fire and Rescue Chief Paul Dow: $155,677 (NOW RETIRED)
City Attorney Esteban Aguilar Jr.: $150,724.32
Chief Financial Officer Bhakta Sanjay: $150,224.31
Chief Administrative Office Associate Kevin Sourisseau: $130,261.91
Chief of Staff Chief Michael Puelle: $139,445.91
Chief Investment Officer Daniel Christopher: $128,545.11
City Clerk Ethan Watson: $124,877.91
City Budget Officer Lawrence Davis: $116,733.91

EDITORS NOTE: There are at least 22 other Department Directors and Deputy Directors with those names and salaries for 2021 listed in the below postscript.

CITY CLERK ETHAN WATSON CONFIRMED

On March 7, City Clerk Ethan Watson was confirmed on a 7-2 bipartisan vote of the city council, but not until Republican City Councilor Dan Lewis and “Democrat in Name Only” Louis Sanchez crossed examined Watson over his job performance during the 2021 municipal election. Both Lewis and Sanchez questioned Watson’s impartiality in administering the city’s taxpayer-funded public campaign finance system.

Lewis focused on Watson’s move to reject mayoral candidate Manuel Gonzales’ application for the money on the grounds he’d submitted fraudulent documentation, questioning if he’d applied the same scrutiny to Keller’s campaign. Lewis ignored that a state judge ultimately upheld Watson’s decision. Lewis at one point became very condensing and mean spirited when he asked Watson “how we can trust you moving forward in future elections?”. This coming from Dan Lewis who engaged in smear tactics and lies against his opponent and paid Republican Political Operative Jay McClusky to run his campaign.

Not at all surprisingly, Sanchez claimed his own 2021 city council campaign race against incumbent Lan Sena was treated unfairly, even though Sanchez won the race. It was Sanchez who proclaimed he was the rightful city councilor to have been elected and demanded that Watson swear him before the term he was elected began on January 1, 2022. Sanchez wanted to vote against legislation that was pending and sponsored by Lan Sena, and his demands essentially was an effort to shame former city councilor Lan Sena.

Other councilors went to Watsons’ defense including Republican Renee Grout and Democrat Tammy Fiebelkorn who participated in the city’s public financing program as candidates and they both said they had a good experience with Watson’s office. Democrat Councilor Karissa Peña said Watson’s office was “incredible” during the election and said the scrutiny he faced during the confirmation hearing made her “uncomfortable”.

The link to quoted news source material is here:

https://www.abqjournal.com/2478932/city-clerk-is-reconfirmed-despite-litany-of-questions.html

COMMENTARY AND ANALYSIS

CONFIRMATION VOTE WITH AXE GRINDING CITY COUNCILORS

The positions of Chief Administrative Officer, the Chief Operations Officer, the City Attorney, the Chief Financial Officer, the Chief of Police and the Fire Chief are all potions that have cross over duties and responsibilities to the Mayor and the City Council. The city council also has unique oversight authority when it comes to public safety such as the Police and Fire departments.

Cross over duties and responsibilities is not the case when it comes to Department Directors with little or no cross over duties. Given what Keller is paying the top 6 executive staff, Keller should not be at all reluctant to summit the names for another vote.

Keller should aggressively go to the defense of his appointments and call out “shaming tactics” and “grandstanding” from the likes of Republican City Councilor retread extraordinaire Dan Lewis who has an axe to grind against Keller after losing to him as Mayor in a landslide in 2017. Keller should do the same with the shaming tactics of “Democrat In Name Only” Louis Sanchez who also has an axe to grind.

Once Lewis was elected on November 3, 2021 to a third term on the City Council, Lewis made it known he intends to hold Keller and all of his appointees accountable for their conduct by asking the hard questions. Lewis has already made it known privately to many of his supporters he is running for Mayor in 2025. Lewis is also being enabled by “Democrat In Name” only City Councilor Louis Sanchez who has demanded Keller fire City Attorney Esteban Aguilar and City Clerk Ethan Watson for their refusal to swear Sanchez in before his term began on January 1, 2022 and his efforts to essentially shame former City Councilor Lan Sena who he defeated last November.

WHERE ARE THE DEMOCRATS?

Democrat’s hold a 5-4 majority on the City Council. After the December 7 City Council runoff elections, the Democrat majority went from a 6 to 3 majority to a 5-4 majority. The new city council as of January 1, 2022 is:

District 1 Louis Sanchez (Elected on November 2 defeating Lan Sena.)
District 2 Isaac Benton
District 3 Klarissa Peña (Ran unopposed on November 2 .)
District 6 Pat Davis
District 7 Tammy Fiebelkorn

After the November 7 runoff election, the 4 Republicans on the new city council are:

District 5 Dan Lewis (Newly elected)
District 4 Brook Bassan
District 8 Trudy Jones
District 9 Renee Grout

Ostensibly, with a Democrat Majority, Democrat Mayor Tim Keller should have had no problem in getting all of his top city hall appointments approved by the City Council with a 5-4 vote. But that is probably not the case when it comes to CAO Sarita Nair. Confidential sources have said that Sarita Nair does not have the confidence and support of Democrat City Councilors Isaac Benton and Pat Davis and when you add Republican’s Dan Lewis and Renee Grout and “Democrat In Name Only” Louis Sanchez to the mix, it’s likely that CAO Sarita Nair would not have been confirmed.

WHY NOW WITH NO EXPLANATION

There is no getting around it, Sarita Nair’s departure from City Hall is a major blow to Mayor Tim Keller and how he conducts business. Keller is known to be more interested in the attention he gets as Mayor while he lets Nair manage the minutia and the day to day work of the city. Without question Nair is Keller’s right-hand person and number one confidant.

It is common knowledge amongst elected officials and top government officials that whenever there is a controversial announcement or damaging story that a late Friday press release is used as a way to down play the story. Another way to down play a bad story is to simply not hold a press conference and to refuse press interviews. It is called “damage control”.

All three “damage control” measures exist with the departure of Sarita Nair: press releases, no press conference and the Keller Administrations refusal to allow Nair to be interviewed.

The fact that the city declined the Albuquerque Journal’s request to interview CAO Nair on Friday evening raised more than a few eyebrows and serious questions as to why now. This coming from a Mayor that never misses an opportunity to go on camera for his self-promotion. The general public deserves more that departing platitudes and compliments to Chief Administrative Officer Sarita Nair as to the reasons she is leaving.

The biggest question for Mayor Keller to answer is did he actually force Nair out as he did former Chief Michael Geier and are there any others, including Chief Medina, he wants gone?
________________________

DEPARTMENT DIRECTORS AND DEPUTY DIRECTORS

Following are the names and salaries of other Department Directors:

Osterloh, Brian, Technology and Innovation Director, $144,118.55
DiMenna, Mark, Environmental Health, Deputy Director, $132,786.87
Leech, Mark , Technology and Innovation Deputy Director, $135,419.97
Simon, David, Parks and Recreation Director, $135,204.31
Ortega, Carolyn, Animal Welfare Director, $130,549.91
Martinez, Jennifer Renee, Finance Admin Svc Director, $130,041.12
Pierce, Carol, Family Community Services Director, $130,041.12
Martinez, Jennifer Renee, Finance Admin Svc Director, $130,041.12
Montoya, Charles, Municipal Development Director, $130,041.11
Daniel, Christopher, Chief Investment Officer, $128,545.11
Whelan, Matthew, Solid Waste Director, $124,877.92
Van Etten de Sanchez, Cultural Services Director, $124,877.91
Romero, Anthony, Human Resources Director, $122,747.91
Sandoval, Donna, City Controller, $125,989.90
Sanchez, Anna, Senior Affairs Director, $124,877.90
Rogers, Paul, Municipal Development Deputy Director $123,362.71
Varela, Alan, Municipal Development Deputy Director, $123,180.37
Stowell, Stephanie, Cultural ServicesE20BioPark Administrator, $122,468.86
Flores, David MPR-Parks and Recreation Deputy Director-Parks & Rec, $118,959.95
McCurley, Richard, Aviation Deputy Director Aviation, $118,005.92
Smith,Dean, Assoc Director Library, $116,776.07
Truong,Loc, Human Resources Deputy Director, $113,739.92

The link to the entire listing of the top 250 wage earners is here:

https://publicreports.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FTop%20Earners%20of%20the%20City%20of%20Albuquerque%20List&id=i5AAD1EA752BA417099BA819E482F6642&objRef=i5AAD1EA752BA417099BA819E482F6642&action=run&format=HTML&cmPropStr=%7B%22id%22%3A%22i5AAD1EA752BA417099BA819E482F6642%22%2C%22type%22%3A%22report%22%2C%22defaultName%22%3A%22Top%20Earners%20of%20the%20City%20of%20Albuquerque%20List%22%2C%22permissions%22%3A%5B%22execute%22%2C%22traverse%22%5D%7D

March 9 at 12:00 noon was the deadline for Governor Michell Lujan Grisham to sign into law, or to veto any legislation enacted by the 2022 New Mexico 30-day legislative session that ended on February 17. This blog article reports on the legislation sign, vetoed or “pocket vetoed” by Governor Lujan Grisham.

BUDGET SIGNED INTO LAW

Governor MLG signed off on the $8.48 billion state budget for the 2022-2023 fiscal year that commences on July 1, 2022. It is the largest budget in state history. The budget bill boosts state spending by $1 billion, nearly 14%, over current budget levels. The oil and gas revenue windfall has created historical revenues for the state giving lawmakers the ability to increase spending in education and to fund starting teacher pay to $50,000 annually and provide state employees with 7% pay raises.

The Governor signed off on a budget that includes increases in spending for public education, raises salaries for educators, state employees and state police as well as funds going towards initiatives for local economic development projects and housing programs for homeless people.

The budget the Governor signed earmarks $130 million of unspent federal relief funds to bolster a lottery scholarship program so that college students who qualify would have all tuition costs covered for the next 4 years. The budget also appropriates more than $51 million to expand student enrollment and faculty numbers at New Mexico nursing programs, while also providing more financial aid for nursing students.

BUDGET LINE-ITEM VETOES

The Governor did use her line-item veto authority to eliminate some funding such as proposed spending for guardrails and $50 million for law enforcement officer recruitment and retention that was to be administered via stipends and only for law enforcement agencies that use a community policing model. She left intact funding for the State Fair and other entities negatively impacted by the pandemic. The Governor also vetoed several references to “public health orders” issued by her administration in response to the COVID-19 pandemic, saying some of the vetoed language unlawfully intruded into the executive branch’s managerial duties.

REACTION TO BUDGET

Lujan Grisham described the overall budget plan an “unprecedented opportunity” to bolster New Mexico families. She had this to say:

“This budget makes transformative investments exactly where they’re needed: From historic raises for New Mexico educators and growing the country’s most expansive tuition-free college program to creating a new fund to hire public safety officers and unprecedented funding to fight food insecurity.”

Democrat from Las Cruces Rep. Nathan Small, the vice chairman of the House Appropriations and Finance Committee, said the spending infusions would fortify the state in key areas and has this to say:

“The historic investments we are making today will help us diversify our economy, create jobs, create our clean energy future, and ensure children across New Mexico get the high-quality education they deserve.”

CAPITAL OUTLAY BILLS SIGNED

The Governor signed into law 4 capital outlay bills, including Senate Bill 212, a $827.7 million public works projects package. The capital outlay package, primarily funded by bonds backed by future severance tax revenue, that appropriates $20 million for creation of a new state film academy and $20 million to rebuild the New Mexico State Veterans’ Home in Truth or Consequences.

The capital outlay bill includes $4.5 million for improvements at the State Fairgrounds in Albuquerque and $20 million for construction of a New Mexico Veterans’ Home in Truth or Consequences. The bill includes money for school repairs, watershed restoration efforts and the construction of a new state government building. The total dollar amount represents more than 3,600 different projects around the state.

Major public works projects included in the $827.7 million public works bill are:

$75 million from the public-school capital outlay fund to the public-school facilities to make a distribution to each school district in fiscal year 2023 for the maintenance and repair of public-school buildings. This is the single largest line.

$3,000,000 to plan, design and reconstruct the Paolo Soleri Amphitheater at the Santa Fe Indian School.

https://nmlegis.gov/Sessions/22%20Regular/bills/senate/SB0212FCS.pdf

https://www.krqe.com/news/politics-government/legislature/new-mexico-legislators-approve-1b-state-spending-increase/

Lujan Grisham used her line-item veto authority to strike down $4.6 million worth of proposed projects, primarily smaller projects like $60,000 to study constructing a new building at Central New Mexico Community College in Albuquerque.

Governor MLG also signed a separate $258.8 million package of university, senior center and library projects funded by property tax dollars that will go before New Mexico voters in November. She also vetoed some spending language that limited how proposed capital outlay dollars could be spent.

CONTROVERSIAL “REBUTABLE PRESUMPTION” TO JAIL PENDING TRIAL REPLACED WITH 24 HOUR MONITORING BY COURTS

Governor Lujan Grisham signed off on the sweeping crime package passed that was a result of significant compromising. The most controversial provisions in the crime package involved the elimination of “rebuttable presumption” in pretrial detention and replacing it a 24 hour court monitoring program.

The Governor wanted major changes to “pretrial detention” which would have created a “rebuttable presumption of dangerousness” for defendants charged with certain violent crimes. Lujan Grisham wanted lawmakers to make it easier to keep defendants charged with violent crimes in jail until trial.

The “rebuttable presumption” bill shifted the burden of proof from state prosecutors, who must prove a case “beyond a reasonable doubt” to convict, to the defendant who would have to show they are not a danger to the public in order to be allowed to be released pending trial. The legislature rejected the “rebuttable presumption” legislation due to its likely unconstitutionality and practical concerns and instead enacted expanded.

The enacted and now sign crime bill legislation mandates the courts to provide greater supervision of defendants by requiring courts to share ankle monitoring data with law enforcement agencies upon request. It requires the courts to turn over GPS monitoring data to police and prosecutors during a criminal investigation to allow better tracking of pretrial defendants on electronic monitoring in an effort to prevent a charge defendant awaiting trial from committing another crime. The crime bill as enacted expands surveillance of criminal defendants as they await trial with 24-hour monitoring of ankle-bracelet tracking devices.

New Mexico’s 14 district attorneys, though the District Attorneys Association, urged Governor Michelle Lujan Grisham to veto language in the bill that provides the GPS information be shared without a warrant if there’s a “reasonable suspicion” to believe the data would provide relevant evidence. The state’s prosecutors contended the proposal would narrow their access to the location data of defendants who wear an ankle monitor before trial.

The District Attorneys and law enforcement argued “reasonable suspicion” makes it too difficult for them to obtain information about suspects’ recent whereabouts and could actually allow defendants to commit more crimes while on release.

But Senator Joseph Cervantes, D-Las Cruces, said the governor could not partially veto the bill under the state Constitution, since it was not a spending bill. He also described the legislation as a timely response to recent troubling crime trends, citing specifically a provision in the bill banning choke-holds and making other changes to law enforcement training. Cervantes said:

“It’s intended to put an emphasis on a less-militaristic approach to law enforcement,”

OTHER PROVISIONS IN CRIME BILL SIGNED

Other legislation signed into law by the Governor are:

1. Establish programs to recruit and retain law enforcement officers.
2. Allocate $50 million from the budget to establish an officer recruitment fund.
3. Strengthen penalties for gun crimes, including a felon in possession of a firearm and using a firearm to commit a felony.
4. Create criminal statutes for violent threats, property damage and chop shops.
5. Eliminate the statute of limitations for second-degree murder.
6. Increase to $1 million the death benefits for families of peace officers killed in the line of duty.
7. Establish the Violence Intervention Program Act and allocate $9 million from the budget to establish intervention programs statewide.
8. Allocate crime reduction grants, accompanied by $2 million in the budget for the grants.

The crime bill changes law enforcement training by banning choke-holds and teaching de-escalation techniques.

The crime bill bars the use of the “gay panic defense,” which involves defendants asserting the discovery of a person’s gender or sexual orientation caused them to harm the victim.

The bill redefines the role and composition of the Law Enforcement Academy Board and splits the board’s functions into two separate entities.

The legislation also creates new judges for the 2nd, 5th and 13th judicial districts.

In a statement after signing the crime package into law, Lujan Grisham had this to say:

“Every New Mexican deserves to feel safe in their communities – and they are demanding action from their government. … [This bill] expands upon the transformational work we’ve done in previous years, strengthening our state’s public safety system and making streets safer in every New Mexico community.”

Links to quoted news sources are here:

https://www.kob.com/albuquerque-news/gov-lujan-grisham-signs-bipartisan-crime-bill-into-law-/6414721/?cat=500

https://www.abqjournal.com/2477680/governor-signs-budget-bill-crime-package-in-advance-of-deadline.html

GOVERNOR SIGNS TAX PACKAGE INTO LAW

On March 9, the Governor also signed into law House Bill 163 which is a $529.7 million tax package. The tax package was approved by lawmakers in the last few days of the session. The tax package will cost the state an estimated $529.7 million for the fiscal 2022-2023 budget year that starts on July 1. Legislators backing the tax legislation claim that spending will increase and will help New Mexico families and businesses, while also boosting consumer activity.

Some of the provisions take effect on July 1, the beginning or the new fiscal year, while others are delayed until later.

The major highlights of the tax bill signed into law are:

Social Security retirement income is exempt from taxation for individual retirees who make less than $100,000 annually and remains intake for those who make over $100,000 a year in retirement. The income cut-off for married couples filing jointly is set at $150,000 per year.

Until now, New Mexico was just one of 12 states that levied a tax on social security income. Critics of the social security state tax exemption said the proposal would primarily benefit higher-income New Mexicans, since the state’s personal income tax is only levied on income above $24,800 annually for a married couple filing jointly.

Reduction of the state’s gross receipts tax rate from 5.125% to 4.875% over two-year period. The reduction is phased in over two years by 0.125 percentage points in July and the same amount in July, 2023.

A one-time rebate of $250 or $500 for taxpayers who made less than $75,000 last year. According to the state Taxation and Revenue Department, upwards of 850,000 of New Mexico’s 1.1 million taxpayers, or about 77%, will receive the rebates.

A tax credit of $25 to $175 per child starting in 2023, depending on income level.

A $1,000 income tax credit for nurses who work full-time in a New Mexico hospital.

Extension of the solar energy tax credit for eight years and increase cap on credit payouts.

Creation of a new gross receipts tax deduction for tampons and other feminine hygiene products.

REACTION TO TAX PACKAGE

Governor Lujan Grisham had this to say about the tax legislation:

“Over the last three years, we’ve had more tax reform that benefits business and taxpayers than in the previous decade.”

State Representative Christine Chandler, D-Los Alamos, who helped craft the tax legislation and had this to say:

“We are putting half a billion dollars back into the economy.”

That money is available to be returned to taxpayers – both directly as rebates and more indirectly under other tax provisions – due to state revenue levels surging to an all-time high amid rising oil production levels in southeast New Mexico.

Sen. William Sharer, R-Farmington, said the rebates will aid New Mexicans dealing with high gas prices and rising costs for other basic expenses and said this:

“That was the goal – to rebate money to the people paying the taxes.”

OTHER TAX CHANGES HINTED

Governor MLG and legislators hinted that more changes to the state’s tax code could be in the works for next year’s 60-day legislative session. Specifically, the changes could include eliminating existing tax breaks and lowering base rates in an attempt to simplify the gross receipts tax structure, which has been described by critics as a “Swiss cheese” due to the many allowable tax deductions and credits. State Representative Christine Chandler, D-Los Alamos said she plans to start laying the groundwork for the changes in the coming months, and other lawmakers signaled they’re ready to join in on the proposals.

The link to quoted news source material is here:

https://www.abqjournal.com/2477398/governor-signs-tax-bill-featuring-250-rebates-social-security-exemption.html

OTHER BILLS SIGNED INTO LAW

A total of 64 bills passed in the 2022 legislative session and the the governor has signed 55 into law. As reported by KRQE News 13, the bills signed into law, followed by links to the legislation include the following:

“CONSUMER AND PUBLIC PROTECTION” BILLS SIGNED

HOUSE BILL 132, among other things, addresses predatory lending by capping loan interest rates. Before the enactment of the law, New Mexicans could be charged up to 175% in interest on loans. The new law effectively caps interest at 36% in most circumstances.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0132.pdf

HOUSE BILL 46 Creates the Office of Family Representation and Advocacy. This agency will help provide legal counsel to people going through child welfare cases.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0046.pdf

HOUSE BILL 95 aims to get more New Mexicans enrolled in Medicaid. It streamlines the process for enrolling individuals.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0095.pdf

EDUCATION BILLS SIGNED

SENATE BILL 140 expands the state’s Opportunity Scholarship. The bill clears the way for New Mexicans, regardless of age, to attend college for free by providing scholarship funds.

https://www.nmlegis.gov/Sessions/22%20Regular/final/SB0140.pdf

HOUSE BILL 43 aims to help charter schools access funds to pay for improvements to their buildings.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0043.pdf

WORKER AID HIGHLIGHTS

SENATE BILL 1 boosts pay for New Mexico’s licensed teachers. Level 1 teachers (generally early career teachers) will now get a minimum of $50,000 per year. That’s up from $40,000. Other levels of licensed teachers get similar boosts.

https://www.nmlegis.gov/Sessions/22%20Regular/final/SB0001.pdf

HOUSE BILL 13 aims to diversify New Mexico’s pool of teachers by creating residency programs. Residents in the program will get an apprenticeship in a classroom and additional mentorship to become teachers.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0013.pdf

HOUSE BILL 60 boosts pay to Native American language and culture teachers. Under the new law, they will now get the same salary as level 1 teachers in New Mexico, provided they work full-time in student instruction.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0060.pdf

BUSINESS BOOSTS AND TAX CREDIT HIGHLIGHTS

HOUSE BILL 104 creates the venture capital investment fund. The money in the fund will be used to invest in new and expanding businesses in New Mexico. Job-providing businesses are a key focus of the bill.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0104.pdf

HOUSE BILL 148 extends the deadline for applications to the Small Business Recovery Loan Fund, born out of the COVID-19 pandemic. The deadline was May 31, 2022 but is now extended to the end of December.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0148.pdf

HOUSE BILL 163 extends tax credits for solar projects, creates an income tax credit for nurses, and exempts social security income from income tax for some individuals.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0163.pdf

ENVIRONMENTAL HIGHLIGHTS

HOUSE BILL 164 directs the New Mexico Environment Department to coordinate uranium mine cleanup across the state.

https://www.nmlegis.gov/Sessions/22%20Regular/final/HB0164.pdf

The link to the full KRQE quoted news story is here:

https://www.krqe.com/news/politics-government/legislature/what-bills-did-the-governor-sign-and-what-got-vetoed/

BILLS VETOED BY THE GOVERNOR

The following bills were vetoed by the Governor:

HOUSE BILL 134 would have re-instituted the state’s Sports Authority Division, the government division responsible with promoting sports in New Mexico. The Governor wrote in her veto message that the Legislature failed to provide funding to administer the division and it would usurp the Governor’s authority to appoint and remove members of the Sports Advisory Committee.

https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=134&year=22

https://www.governor.state.nm.us/wp-content/uploads/2022/03/House-Executive-Message-No.-41.pdf

New Mexico Representative Moe Maestas has this to say about the Governor’s veto of House Bill 134 on the Sport’s authority:

“I am very disappointed and perplexed by the Governor’s veto of House Bill 134, Her reasoning does not make any sense. The appropriation originally contained in HB 134 was removed and placed into HB 2 and the ‘junior’ budget. The bill that reached the Governor’s desk was meant to provide more efficiency by reducing the sports advisory committee from 25 public members to a more manageable 7 member body. Moving forward, the Governor needs to hire a sports authority director and immediately fill all the vacancies on the Sports Advisory Committee.”

SENATE BILL 48 vetoed by the Governor would have sent a little over $50 million to state agencies. Supplemental spending bills, called “junior” budget bills, usually surface in years when the state is flush with windfall funding as is the case this year. The spending is far smaller than what’s outlined in the main state budget that authorizes $8.5 billion for spending on education, health care and other purposes. Republican and Democratic lawmakers alike have in the past questioned the merits of allowing members to dole out money largely at their own discretion.

SENATE BILL 48 vetoed by the governor would have authorized about $25.2 million in one-time spending and another $25.2 million in ongoing spending. The money would have gone to a wide-ranging set of programs and priorities picked by lawmakers. Among the proposed items were law enforcement equipment, efforts to help homeless animals, student speech and debate clubs, medical equipment, meals on wheels for homebound residents and public safety programs and funding for food bank services in the East Mountains. Lawmakers have not taken up a supplemental spending bill in over 10 years before 2019, when an oil and gas boom resulted in surpluses.

https://www.nmlegis.gov/Sessions/22%20Regular/final/SB0048.pdf

In her veto message, the Governor wrote:

“It is littered with tens of millions of appropriations. Yet SB 48 circumvents the important budget and capital outlay process that forms the basis for other large appropriation bills. … “Fiscal responsibility must be a cornerstone principle … both in boom times and in times of economic uncertainty.”

https://www.governor.state.nm.us/wp-content/uploads/2022/03/Senate-Executive-Message-No.-50.pdf

GROWING SUPPORT FOR “EXTRAORDINARY SESSION”

The Governor’s veto of Senate Bill 48 has resulted in a very public clash between lawmakers and the Governor. There is a growing number of New Mexico legislators who are expressing support for calling themselves into special session through an emergency procedure that would allow them to override Governor Lujan Grisham’s veto of a $50 million spending bill.

Convening such a session requires support from three-fifths of each chamber of the Legislature. Democrats in the House and Senate, who have solid majorities in both chambers, will be meet privately to debate whether to pursue an extraordinary session. If enough lawmakers agree, it would be just the second “extraordinary session” in New Mexico history. It would represent a political rebuke of Lujan Grisham in an election year where she is seeking a second term.

Democratic Representative Derrick Lente of Sandia Pueblo said the bill gave legislators a chance to deliver resources to overlooked programs and parts of the state. Road safety and educational curriculum, he said, were among his priorities. Lente had this to say:

“To have it all just vetoed by our governor is extremely unfortunate.”

Representative Roger Montoya, D-Velarde had this to say:

“[The governor’s] disregard for the work me and my colleagues have done to fulfill our duties and responsibilities to our communities is deeply troubling.”

Sen. Gerald Ortiz y Pino, D-Albuquerque had this to say about the veto:

“It was an unnecessary affront to the legislative process. It was picking a fight that she didn’t need to pick.”

The Governor’s spokes person Nora Sackett pushed back on criticism that the main budget failed to address priorities that made it instead into the smaller budget bill. She pointed out that the budget package approved by Lujan Grisham includes $24 million for initiatives that will help food banks, $15 million to double a Native American education fund and $10 million to help people without homes. Sackett said this:

“The governor agrees that those kinds of programs are priorities which is why they are funded in the budget.”

The link to quotes news source is here:

https://www.abqjournal.com/2478142/more-lawmakers-call-for-session-to-challenge-veto.html

“POCKET” VETOES

A “pocket veto” is where the governor takes no action to veto. For bills passed in the last three days of the legislative session, the governor has 20 days to take action. If there is no action from the governor, the bill does not become law. With a “pocket veto” the legislators have no right to vote to override the governor.

The Governor “pocket” vetoed the following legislation:

SENATE BILL 2 called for bringing the pay of Supreme Court justices in line with the salary of federal magistrates, or about $205,500 this year, a 33% increase. Appeals and district judges would have seen corresponding increases.

https://www.nmlegis.gov/Sessions/22%20Regular/Amendments_In_Context/SB0002.pdf

SENATE BILL 174 would have required semitrucks to stay in right lane

HOUSE BILL 15 revised a rule for tribal gross receipts taxes

HOUSE BILL 62 created a grant opportunities council

HOUSE BILL 219 increased salaries for county elected officials

The links to quoted news source material are here:

https://www.kob.com/albuquerque-news/gov-lujan-grisham-signs-bipartisan-crime-bill-into-law-/6414721/?cat=500

https://www.abqjournal.com/2477680/governor-signs-budget-bill-crime-package-in-advance-of-deadline.html

https://www.abqjournal.com/2477673/lujan-grisham-rejects-big-judicial-raises-junior-spending-bill.html

https://www.koat.com/article/governor-signs-state-budget/39397404
https://www.kob.com/albuquerque-news/gov-lujan-grisham-signs-bipartisan-crime-bill-into-law-/6414721/?cat=500

COMMENTARY AND ANALYSIS

By all reports, it is clear that the 2022 thirty day short session was a success which included enacting a historical budget, tax deductions and passage of more funding for education and teacher raises and a crime package. What has thrown a wet towel on the success is the veto of SENATE BILL 48.

As a former Bernalillo County Commissioner, a 10 year congresswoman and now Governor, you would think the Governor would know how to “pick and choose” her fights wisely, especially in an election year where she is seeking a second term and where all 70 House representatives are also on the ballot with her. Legislators too want to be able to go back to their constituent’s and be specific that they have made a difference.

The veto of Senate Bill 48, also though easily justified by the “bean counters”, was a self inflicted damage that should have never of happened, not in an election year. If the legislature does indeed to decide to call themselves into and extraordinary session, it will be an embarrassment and a reflection that the Governor no longer holds sway over her own political party. The Governor needs to get on the phone with the leadership of both Chambers and discuss ways where they can go forward without an extraordinary session.

Links to a related blog articles are here:

2022 New Mexico Legislature Rap Up: Historic $8.48 Billion State Budget And $827 Public Works Bills Enacted; Anti-Crime Measures And Tax Reduction Measures Enacted; Hefty Raises For Teachers, Judges And Govt. Workers; Pre Trial Detention, Hydrogen Hub Development Act And Voting Act Rights Act Fail; Speaker Egolf Retires

Upwards of 14% Of New Mexico House Projected Not To Seek Another Term; Abolish Citizens Legislature; Create Full Time Legislature; $100,000 Funding For Study; POSTSCRIPT: Guest Columns

Tuesday, March 8, was filing day for the New Mexico primary election for candidates to formally declare their candidacy for the New Mexico House of Representatives and to submit qualifying nominating petition signatures. All 70 seats in the New Mexico House of Representatives are on the November 5, 2022 election ballot. Democrats hold a 45-24 majority over Republicans, plus one independent.

There are a total of 16 contested house seats. A total of 12 House Incumbents will not be seeking re-election. Seven Democrats, in including Speaker of the House Brian Egolf, have said they will not seek another term. Five Republicans did not file and made it known they are not running for another term.

The 12 incumbents not seeking another term are:

DEPARTING DEMOCRATS

Speaker of the House Brian Egolf, Albuquerque area Democrats Deborah Armstrong, Karen Bash, Kay Bounkeua and Georgene Louis, all of Albuquerque and Corrales Democrat Daymon Ely will not be seeking reelection. On February 14, Rep. Georgene Louis was arrested on charges of aggravated drunken driving and resigned her potions after serving five-terms.

DEPARTING REPUBLICANS

Representative Phelps Anderson of Roswell was a Republican but changed to Independent after was the lone House Republican in 2021 to vote in favor of repealing New Mexico’s archaic criminal law that outlawed abortions. The other Republicans not seeking re-election are James Strickler of Farmington, Kelly Fajardo of Los Lunas, Zachary Cook of Ruidoso and Randal Crowder of Clovis.

FACING OPPOSTION FROM THEIR OWN PARTY

In addition to all of the 12 departures, 8 Democratic incumbents and 5 Republicans incumbents will face challengers from their own party in the June 7 primary.

The 8 Democrats facing primary challengers are Anthony Allison of Fruitland, Doreen Wonda Johnson of Church Rock, Eliseo Alcon of Milan, Roger Montoya of Velarde, Susan Herrera of Embudo, Kristina Ortez of Taos, Andrea Romero of Santa Fe and Ambrose Castellano of Las Vegas.

The 5 Republicans facing primary challenges are Jane Powdrell-Culbert of Corrales, Rachel Black of Alamogordo, Greg Nibert of Roswell, Randall Pettigrew of Lovington and Larry Scott of Hobbs.

BREAKDOWN OF CONTESTED HOUSE RACES

There are 17 contested house races. Following is a breakdown of the contested houses races as gleaned from the Secretary of States listing of declared candidacies:

House District 5: Conservative Democrat Rep. Doreen Wonda Johnson has drawn a primary challenge from progressive Kevin Mitchell in McKinley County. No Republican has filed to run so the primary victor becomes state representative by default. With a vote for a new House Speaker next year, this is a race that will be watched closely.

District 7: This is a vacant seat caused by the retirement of Republican Representative Kelly Fajardo after serving 10 years. Democrat Danny Bernal, who lost the race for Belen mayor, and Republican Tanya Mirabal Moya have both filed and will face off in the November 8 general election. This is expected to be a very close race and a battleground district that leans Republican.

District 8: This is a Valencia County District that is decidedly Republican. Republican Brian Bacawas appointed to fill a vacancy and he drew no Republican and no Democrat opponents.

District 12: This is an Albuquerque South Valley District. Former Bernalillo County Commissioner Art De La Cruz was appointed to fill the vacancy by the County Commission when Representative Brittney Barreras resigned. Two women who competed with De La Crus for the appointment are running against him in the Democratic primary. They are Nicole Olonovich and Melissa Armijo. The two Democratic woman are considered far more progressive than moderate to conservative De La Cruz. No Republican has filed to run so whoever is elected in the Democratic primary becomes the House Representative by default.

District 17: This is an open seat on the West Side of Albuquerque the result of the departure of Representative Deborah Armstrong. The district has been significantly redrawn from the North Valley and now includes Albuquerque’s North West side. It has attracted two Democrats, former City Councilor Cynthia Borrego and Darrell Deaguero in the primary. The Republican candidates are Ellis McMath and Joshua Neal. It’s a seat substantially redrawn during redistricting. Ellis McMath is politically aligned with Albuquerque City Councilor Dan Lewis who defeated Cynthia Borrego.
This race is viewed as highly competitive with Democrat voter registration projected at just 51%.

District 19: This another open house seat the result of the resignation of progressive Democrat Kay Bounkeua. The district covers part of southeastern Albuquerque. Three Democratic candidates have filed for the primary and they are Janelle Anyanonu, an office manager and member of the New Mexico Black Central Organizing Committee, Colton Dean and Eric Sutton, managing attorney for the Fair Lending Center at United South Broadway Corp. Only one Republican has filed for the seat and she is Kathleen Jackson.

District 22: This district did include portions of Bernalillo, Sandoval & Santa Fe Counties. As a result of redistricting the new district boundaries are the East Mountains in Bernalillo County and nearly half of Torrance County. Democrat Augustine Montoya is running unopposed in the primary as is Incumbent Republican Stefani Lord and they will be on the November 8 ballot.

District 23: This House seat is vacant as a result of the retirement of 3 term progressive Democrat Rep. Daymon Ely in the Corrales/Rio Rancho area. Redistricting has made it much more Republican. Democrat Ramon Montano and Republican Alan Martinez are running and will face off in the November 8 general election. Political pundits are already predicting that this house seat will flip Republican because of a 43.9 percent Democratic performance rate.

District 26: This is an open seat cause by the resignation of 5 term Democrat Georgene Louis after her DWI arrest. Former Rep. Eleanor Chavez and Route 66 West Neighborhood Association President Cherise Quezada, who is the wife of Bernalillo County Commissioner Steven Michael Quezada, are running for the Democratic nomination in the Albuquerque-based House District 26 seat. Republican Patrick Sais is also running. This house district is also decidedly Democrat with the District having a 63% Democratic voter turnout history.

District 27: This is a far Albuquerque North East Heights District. Democrat Representative Marian Matthews flipped the District Democratic and won the District 2 years ago. Two Republicans are running and they are Bob Godshall, who lost to Matthews last time, and Elisa Martinez who ran for the Republican US Senate nomination in 2020. Matthews has moved decidedly right on crime having sponsored major crime legislation in the last session. The Republicans are expected to launch an aggressive campaign to take back the house seat. has the wind at their backs this will be an obvious seat for them to snatch.

DISTIRCT 28: This is an Albuquerque area house seat. Progressive Democrat and attorney Pamelya Herndon was appointed to fill a vacancy. She is opposed by Republican Nicole Chavez in November. Nicol Chavez’s son was the victim of a high profile murder and she’s running on a stern anti-crime platform which may be enough to oust Hendron given that Democrat performance in the District is 49.5%.

District 30: This is an Albuquerque NE Heights District. Democrat Representative Natalie Figueroa running for another term in a District once represented by Republican Representative Nate Gentry who served as a Republican House leader. Nate Gentry Nate stepped down in 2018 in large part because the district became more Democrat. Republican Kurstin Johnson, a realtor and the wife of former Bernalillo County Commissioner Republican Wayne Johnson is running in the hopes of flipping the District back to the Republican column.

District 38: This is the House seat district that Republican Rebecca Dow of Truth or Consequences is vacating to run for governor. This Socorro area district is one that could impact the race for House Speaker. Longtime Socorro Mayor Ravi Bhasker, a moderate Democrat, is seeking the nomination against Tara Jaramillo, a Socorro school board member who is a progressive. Bhaskar has served as Socorro mayor for a record breaking 32 consecutive years. Redistricting has made the district more Democrat. Republicans running in the primary are Sandra Hammack and educator Melba Aguilar.

District 39: This is a Silver City and Las Cruces area area district. The seat has been on and off for Democrat Rudy Martinez since 2005 but Republican Representative Luis Terrazas won two years ago and is not opposed in the primary. Martinez faces Karen Whitlock for the Democratic nomination. Republican performance in redistricting fell to only 44% so the winner of the Dem primary could oust the incumbent in November.

District 40: This a northern New Mexico house district. Democrat first term State Rep. Roger Montoya is being challenged by former state Rep. Joseph Sanchez. Montoya is the progressive and Sanchez moderate. The Secretary of State has lists Gerald Steven McFall as the Republican candidate but the the Secretary of State also lists him as a Republican candidate for the northern congressional seat. It is far more likely than not that the Democrat will win the race come November 8.

District 41: This is a northern house district that include parts of Rio Arriba County. First term Representative Susan Herrera is seeking another term and she is the sponsor of the payday loan bill that lowered interest rates. She is being opposed by moderate Democrat and former Probate Judge Marlo Martinez. No Republican is running.

District 42: This is a Taos area house seat. Progressive first term Representative Kristina Ortez is being challenged by moderate Democrat Florence Miera. Ortez was appointed to fill a vacancy. No Republican is running .

District 46: Two term progressive Democrat Representative Andrea Romero has drawn 3 democratic primary challengers and one Republican is also running. Democrat Henry Roybal is a well-known moderate Dem Santa Fe County Commissioner. The district is heavy Democrat.

District 47: This is the Santa Fe area house seat being vacated by Speaker of the House Speaker Brain Egolf who has endorsed his top aide, Reena Szczepanski, to succeed him. Democrat Francisco Lopez is also running and no Republicans are running.

District 48:District 48 is a Santa Fe County District and is represented by Tara Lujan and she is running unopposed for a second term.

District 51: This district is in heavily Republican Alamogordo area. Republican Representative Rachel Black is seeking her third term and is opposed I the primary John Block, the editor of a conservative news site. The Democrat in the race is Sharonlee Cummins. The District is likely to remain in the Republican column.

District 53: This is a Las Cruces area House District. In 2016 Republican Ricky Little beat Willie Madrid to win the seat, but in 2018 and 2020. Democrat Willie Madrid returned to beat Little. In 2022 both are running again, but Republican Ricky Little faces another Republican Elizabeth Lee Winterrowd in the primary. Willie Madrid is the lone Democrat running.

District 56: This is an Otero-Lincoln County seat. Republican State Representative. Zach Cook is not seeking reelection. The only candidate to file for the seat is Republican Harlan Vincent, the Ruidoso fire chief.

District 64: This a house seat where Republican Rep. Randall Crowder is not seeking another ter. Only Republican Andrea Reeb of Clovis has filed filed and no Democrat has filed. Reeb served 7 years as the District Attorney from the Ninth Judicial District and retired last year.

District 68: This is an Albuquerque area house seat. Democrat Rep. Karen Bash won the heavily Republican seat in 2020 mainly because her Republican predecessor was arrested for DWI. Bash has decided not to seek another term. Two candidates have filed. Democrat Charlotte Little is running and will face off with Republican attorney Robert Moss in the November general election. to keep the seat in the Dem column? Those are the two candidates who have filed for the seat. The district’s performance is rated is split almost evenly and it is a race to watch.

District 70. This is a Las Cruces area district. Conservative Freshman Democrat Representative .Ambrose Castellano is being challenged by Progressive Democrat Anita Amalia Gonzales. This is a repeat of the 2020 election where they both ran and Gonzales narrowly lost the Democratic nomination to Castellano. No Republicans have filed in the heavily Democratic district.

The link to the Secretary of State office candidate statewide filings are here:

https://candidateportal.servis.sos.state.nm.us/CandidateList.aspx?eid=2827&cty=99

The link to quoted news source material is here:

https://www.abqjournal.com/2477413/12-house-members-forgo-reelection-13-face-contested-primaries.html

COMMENTARY AND ANALYSIS

The Democrat majority in the New Mexico House of Repetitive is not expected to change much. What will change for sure is who will be elected the new Speaker of the House after the November 8 general election and will the new speaker be a progressive or a moderate to conservative Democrat. Another big issue is will the progressive incumbents such be able to hold on to their seats.

Stay tuned and best wishes to all those who make the private sacrifice and have the dedication to run for public office.

The link to a related blog article is here:

Upwards of 14% Of New Mexico House Projected Not To Seek Another Term; Abolish Citizens Legislature; Create Full Time Legislature; $100,000 Funding For Study; POSTSCRIPT: Guest Columns