The race for Albuquerque Mayor is heating up big time, but not in debates nor before neighborhood associations but in litigation and courtrooms while Mayor Keller gives pep talks to UNM football players.

MANNY GONZALES FILES “PETITION FOR WRIT OF SUPERINTENDING CONTROL”

On September 1, Bernalillo County Sheriff and candidate for Mayor Manny Gonzales filed a “Petition For Writ of Superintending Control” with the New Mexico Supreme Court asking it to intervene in his case over the denial in public campaign financing of $661,000 by City Clerk Ethan Watson. Named as parties are City Clerk Ethan Watson, who refused to certify Gonzales on July 9 for public finance funding, and 1st Judicial District Judge Bryan Biedscheid, who ruled that Watson had denied Gonzales due process of law. Biedscheid remanded the case back to Watson for a hearing and to make specific findings. The petition asks the Supreme Court to order Watson to give Gonzales the public finance funding without any further delay or hearings.

When Judge Biedscheid remanded the case back to City Clerk Watson, he ruled that the city clerk still had the power to deny Gonzales the public financing on the grounds Gonzales broke the rules but ruled that Watson could only do so after Gonzales was given a chance to answer the claims. If Watson decided not to have a hearing Judge Biedscheid ordered Watson to release the public finance money to Gonzales.

The petition filed asks the Supreme Court to order District Court Judge Biedscheid to reverse Watson’s decision “for real this time” and order either District Judge Bryan Biedscheid or City Clerk Watson to certify Gonzales for the public financing. It asks the court to hear oral arguments in the case.

The petition for “writ of superintending control” alleges the Gonzalez repeated campaign allegations that City Clerk Watson is an appointee of incumbent Mayor Tim Keller, that his continued employment as city clerk is tied to Keller’s successful reelection and therefore Watson cannot be neutral when making consequential decisions about Gonzales’ campaign.

The petition alleges in part:

“A reversal of the Clerk’s decision does not by a long shot assure Sheriff Gonzales’s victory come November, but merely a fair race, in which the thumb of the incumbent-candidate’s government is only allowed to press moderately on the scale. ”

SHAM HEARING ALLEGED

On Wednesday, August 1, City Clerk Watson held a hearing at city hall in an attempt to satisfy Biedscheid’s order and to attempt to give Gonzales “due process” and allow Gonzales to refute the allegations of fraud in the gathering of qualifying $5 donations. Two ethics complaints filed by Keller’s election campaign against the Gonzales Campaign alleged that Gonzales campaign submitted fraudulent and forged material while attempting to qualify for public financing.

The Gonzales campaign has acknowledged some likely forgery, but have argued that more than enough legitimate nominating signatures and qualifying donations have been submitted. Despite the fact the City Clerk Watson certified that Gonzales did in fact submit the required number of qualifying donations, he declined to certify Gonzales for the public financing.

During the City Clerk’s hearing, Kevin Morrow, the city’s acting deputy city attorney went through the allegations against Manny Gonzales and stated:

“Your campaign admitted that many of the qualifying contributions receipts identified by the Holguin-2 complaint were signed by someone other than the voter. You, through counsel, admitted to a pattern of forgery and stated, ‘it does indeed appear that those QCs were forged.”

Attorney Daniel Gallegos, Gonzales’ attorney did not directly address the allegations of forgery or fraud. Instead, he repeatedly hammered home the allegation that Watson is biased and pointed out that regardless of what the campaign did or did not do, the clerk’s hearing was unfair because the city clerk was appointed by Mayor Tim Keller and Gallegos had this to say:

“The city clerk, Ethan Watson, is far from a fair, neutral or impartial decision maker in this case. … He has a stake in the outcome in this case. He was appointed by and answers to incumbent Tim Keller, Sheriff Gonzales’ opponent. And the clerk’s term in office coincides and terminates with the term of Mayor Keller. Bottom line, if the mayor loses this election, the city clerk is out of a job.”

In a separate matter, a city Inspector General’s Office investigation found discrepancies with documentation submitted by Gonzales. Based on those findings, the city’s Board of Ethics and Campaign Practices found Gonzales had violated the city’s Open and Ethical Elections Code and fined him $500. During the August 1 hearing, City Clerk Watson proceeded to rely on those finding as he considers his decision to deny public financing for a second time. Attorney Daniel Gallegos, one of Gonzales’ attorneys, challenged Watson’s use of the Board of Ethics ruling and fine, noting that Keller is also facing an ethics complaint.

Attorney Gallegos also argued that public financing challenge has handicapped the Mayor’s race to the point it may not even be a fair race regardless of the clerk’s decision in that Gonzales has had no way to bring any money into his campaign for nearly two months. Further, the Gonzales campaign is spending a fortune on legal expenses, when those limited funds could be paying for TV ads or mailers or other ways to help voters learn more about Gonzales’ platform.

Links to quoted news source materials are here:

https://www.abqjournal.com/2425288/gonzales-asks-states-high-court-to-intervene-in-campaign-finance-case.html

https://www.kob.com/albuquerque-news/sheriff-gonzales-continues-to-fight-for-public-financing/6224299/?cat=500

CITY CLERK WATSON DENIES GONZALES PUBLIC FINANCE FOR SECOND TIME

On August 2, for a second time, Albuquerque City Clerk Ethan Watson denied the Manny Gonzales campaign access to public financing of $661,000. City Attorney Esteban Aguilar Jr. released the following statement:

“Today, the City Clerk performed his duty in refusing to turn over more than $650,000 in taxpayer dollars to the Gonzales campaign. Earlier this week, the District Court affirmed the essential role that the clerk plays in certifying candidates for public finance dollars, and the Clerk’s decision was made after two separate entities and an independent investigation found evidence that Gonzales violated the City’s election rules. Despite being given an additional hearing to address the violations and present evidence in his defense, Gonzales instead chose not to participate in the proceeding. It is unfortunate that Gonzales continues to lodge politically motivated attacks on public officials to undermine democratic processes.”

Gonzales’ legal team has already filed an appeal to overturn the decision.

Links to quoted news source materials are here:

https://www.kob.com/albuquerque-news/city-clerk-denies-sheriff-gonzales-public-financing-for-a-second-time/6225139/?cat=500

https://www.krqe.com/news/politics-government/elections/albuquerque-city-clerk-denies-manny-gonzales-public-financing/

PETITION FILED AGAINST EDDY ARAGON TO REMOVE FROM BALLOT

On September 1, a complaint was filed in 2nd Judicial District Court seeking to kick off Albuquerque mayoral candidate Eddy Aragon from the ballot The petition alleges that he improperly listed a commercial address as his home residence. The complaint was filed by Albuquerque city resident and registered voter Esther Rivera against Bernalillo County Clerk Linda Stover and Eddy Aragon.

According to the complaint filed, Aragon violated the law by listing a building in a commercially zoned area on both his voter registration and candidate forms for Mayor. The petition alleges the building is in an area zoned “NR-BP”, which stands for “nonresidential/business park”, which allows office and commercial uses only and not residential use. The petition alleges that under state law, county clerks are required to reject voter registration forms containing a commercial mailbox as the physical address The complaint asks the court to order Bernalillo County Clerk Linda Stover to disqualify Aragon and remove his name from the ballot. The petition was also sent to Bernalillo County Clerk Linda Stover asking her to disqualify Eddy Aragon as a candidate.

The link to the complaint is here:

https://www.scribd.com/document/522747251/Petition-for-Candidate-Removal-Sep-1-2021-12-43-PM

Private Attorney Tom Grover, who filed the complaint on behalf of his client Esther Rivera had this to say:

“[My client’s] concerned that the integrity of the election had been tampered with. [Aragon’s office] is not a building that is zoned for residential occupancy. … It’s an office building. It’s in a business park. It’s primarily occupied by other contractors for the Air Force and the airport and it’s clearly not a residential building. So on that basis, he should be disqualified as a candidate. … Under those facts, it doesn’t satisfy the city’s requirements for what constitutes a residence.”

According to Aragon, residential is an allowable use in the building where he runs his radio station. Aragon said he has lived in his office since 2020 following a divorce, and that he is considered the property’s “watchman.” Eddy Aragon for his part called the petition a “political hit job” by his opponents saying:

“The person who’s filing the petition has a long history of hate toward me. [She has a] I HateEddyAragon.com [web site]. … There’s no validity to the [residency claims] … What they’re actually looking at here is an overlay. So their argument here is easily defeated. I look forward to seeing them in court. … There’s better ways to go about it. The place to go about it is, let’s do it in the debate. Let’s do it on the issues, let’s do it on the record.”

County Clerk Linda Stover for her part said:

“As of right now, we have no reason to disqualify him. … He’s registered and he lives within the city of Albuquerque, until a judge tells me otherwise. … I’m really not going to get into the weeds on that because, until a judge tells me to do something, [he] has qualified as a candidate.”

Links to quoted news source material are here:

https://www.koat.com/article/petition-filed-to-get-rid-of-mayoral-candidate-eddy-aragon/37458409

https://www.abqjournal.com/2425470/petition-challenges-abq-mayoral-candidates-residency.html

ETHICALLY CHALLENGED AND “HIGH SCHOOL JOCK” MAYOR TIM KELLER

Mayor Tim Keller is a former State Auditor that claimed he fought “waste, fraud and abuse” yet was found to have violated the ethics campaign rules 4 years ago. One complaint filed against Tim Keller’s campaign 4 years ago involved the allegation that “cash donations” for political consulting were reported as “in-kind” donations. The Election Board of Ethics and Campaign Practices ruled that the cash contributions were in fact ethical violations. Ultimately, Keller was found guilty by a unanimous vote of the City Board of Ethics. Rules and Regulations and he was not penalized before or after the complaint was formally heard.

A second more serious complaint file in 2017 against the Keller campaign was that the Keller Campaign for Mayor committee was coordinating their campaign and expenditures with ABQ Forward Together. Neri Holguin, Keller’s 2021 campaign manager was the chairperson “ABQ Forward Together”, the progressive measured finance committee that was formed specifically to raise money to promote progressive Tim Keller for Mayor in 2017. “ABQ Forward Together” raised over $663,000 for Keller’s 2017 bid for Mayor as Keller qualified for public financing and given $340,000 for his 2017 campaign for Mayor.

As Mayor, Tim Keller he recently signed off on a highly questionable sale of city property to supporters of his re-election campaign. Keller requested the approve of the sale of the historic Rosenwald Building for $360,000 in a “private bid” to build condos. The sale of the building was negotiated by the Keller Administration and presented to the council for approval at the request of Mayor Tim Keller. In 2009, the city had purchased the historic 42,000-square-foot building for $1.7 million. The city sold the Rosenwald Building to someone who made a $50,000 donation to Mayor Keller’s charitable foundation and $15,000 in donations to the measured finance committee promoting Keller for a second term. The sale also includes a 14-year lease by the city of 1,100 square feet for an APD police substation.

On August 19, 2021, Mayor Tim Keller found time in the evening to stop by the UNM football stadium during the football team’s practice. He was dressed in a LOBO T-shirt wearing shorts and holding a football like a coach. Keller proceeded to give an inspirational, high-volume pep talk to the team as the UNM football coach stood by his side and as video was taken. He told the group of football players sitting on the ground and looking up at him how the community had their backs. Keller was was very supportive of the team, and he told the players that even if attendance at their games is sparse and the bleachers empty, football in the fall was the only game in town that everybody watched on TV. Keller told the players that by the end of the season, everyone will know most of their names. After he spoke, his experience as a former high school football quarter back kicked in and he successfully threw a pass taking great pleasure at the feat he accomplished. Keller made sure the video was posted on his FACEBOOK page and that it was posted on YOUTUBE with the link here:

https://www.youtube.com/watch?v=z4hmr1qa_W4

COMMENTARY AND ANALYSIS

The November 2 municipal election is now exactly 60 days away. Talk about one fine mess and its only going to get worse. Instead of healthy debate on issues between the candidates, the public sees court challenges and a Mayor reliving his high school glory days as the city’s violent crime and murder rates continues to sky rocket.

The race for Albuquerque Mayor between incumbent Progressive Democrat and ethically challenged Mayor Tim Keller, Der Führer Trump’s favorite Conservative Democrat Sheriff Manny Gonzales and Der Führer Republican radio shock jock Eddy Aragon continues to swirl around as it goes down the toilet bowl.

BURQUE’S 3 “PEP BOYS” OF TIMMY, MANNY AND EDDY

Eddy Aragon is a staunch supporter of Der Führer Trump. Aragon is as qualified to be Mayor of Albuquerque as was Der Führer Trump was to be President, which is not qualified at all. Aragon would be just as big of a disaster as the Trump crazy. Aragon with his talk show is on the same level as FOX News and the likes of Sean Hannity. Aragon enjoys badgering and taking issue with anyone who is Democrat or he considers progressive.

After Sheriff Manny Gonzales traveled to the White House last summer to appear with Der Führer and after working and appearing with former Republican Attorney General William Barr, Gonzales became “persona non gratis” within the Democratic Party to the point some within the party demanded he resign. He is now considered a Democrat In Name Only (DINO). Gonzales appearing on FOX News to oppose Governor Michelle Lujan Grisham’s public health orders also alienated many Democrats.

Over the last 4 years, Mayor Keller’s accomplishments have been less than stellar. The city’s high murder rate is rising even further. Violent crime has only gotten worse with the killing of 13-year-old by another 13-year-old boy in a school yard who took his dad’s gun to school and with APD officers now being shot 4 at a time. For 4 years, murders have hit an all-time record under Keller, with many still unsolved. But what the hell, we got a Mayor who wants the public to pay for and build a $60 million dollar soccer stadium so he can run around reliving his high school glory days and giving pep talks to college football players.

NEW MEXICO SUPREME COURT SHOULD ACT

When it comes to the denial of public finance, the best option for the voters is for the City, the City Clerk and the Gonzales campaign to seek an emergency hearing before the New Mexico Supreme Court and ask the Supreme Court to disqualify Judge Biedscheid and the City Clerk Ethan Watson from taking any further action on the case. The New Mexico Supreme Court should order the City Board Of Ethics And Campaign Practices to conduct a hearing within 5 days affording due process of law to Gonzales and allow the Ethics Board to rule on the one pending ethics case against Gonzales and also to decide if Gonzales should be certified for public finance or fined.

CONCLUSION

The city is facing any number of problems that are bringing it to its knees. Those problems include the coronavirus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murder rates, continuing mismanagement of the Albuquerque Police Department, failed implementation of the Department of Justice reforms after a full six years and millions spent, declining revenues and gross receipts tax, increasing homeless numbers, lack of mental health programs and little to no economic development actually being done by the city.

With all 3 of the candidates for Mayor, what we will get is a continuation of mayor who makes promises and offers only eternal hope for better times that result in broken campaign promises. We will not be getting a mayor who actually knows what they are doing, who can make the hard decisions without an eye on the next election. With all 3, we will get a Mayor that will make decisions only to placate their base and please only those who voted for them.

Links to related blog articles are here:

Der Führer Trump Radio Shock Jock Eddy Aragon Formally Declares Running For Mayor; Let’s jail grandma to reduce the homeless! And Other Crazy; A Choice Between The Lesser Of 2 Evils And 1 Crazy Trumpster Is No Choice At All

Der Führer Trump’s Favorite Democrat Sherriff Manny Gonzales Runs For Mayor; A DINO And Law Enforcement Dinosaur

Mayor Tim Keller’s Promises Made, Promises Broken As He Seeks Second Term; Voters Will Decide If Keller “Has Done A Good Job”

New Mexico as a whole has been struggling for decades to diversify its economy, wean itself off of federal government spending and reducing its heavy reliance on the oil and gas industry where the state gets nearly 40% of its revenue from. When the oil and gas industry booms, New Mexico becomes flush with money and when it busts, the state revenues plummet causing financial crisis.

There are 10 sectors or industries that have been identified by the Governor Lujan Administration that have the best shot at diversifying New Mexico’s economy. Those industries are:

Film & Television
Aerospace
Intelligent Manufacturing
Global Trade
Value Added Agriculture
Cyber-Security
Bio-Sciences
Sustainable Energy
Outdoor Recreation
Recreational Cannabis And Hemp Industries

AREAS TARGETED FOR ECONOMIC DEVELOPMENT

During the last two years, some significant progress has been made by the Lujan Grisham Administration in diversifying New Mexico’s economy in 5 of the 9 areas targeted by the state for economic development. The progress in those areas is worth noting:

FILM & TELEVISION

Over the last 20 years, the film and television industry has steadily grown and been one of the few bright spots for the state, especially during the great recession, when it comes to economic development and diversifying the state’s economy which is very dependent on federal spending.

The New Mexico Film Office reports that in in 2003 the industry had direct spending in New Mexico was $7 million. In fiscal year 2019, direct spending reached a record high of $525.5 million. According to state estimates, Netflix will generate an estimated $344 million in taxes to the state, local school districts, and other local governments.

It was in 2019 that the film industry began to seriously emerge to be one of the biggest hopes for Albuquerque and New Mexico to diversify both the city and states economies. The unmistakable evidence was the immense investment in the city and state by NBC Universal and the Netflix purchase of Albuquerque studios as the site of a new production hub. Both announced NBC and Netflix announced opening film production facilities in Albuquerque.

NETFLEX DEAL AND EXPANSION

On October 8, 2018, it was announced that Netflix was buying Albuquerque Studios. The State contributed $10 million of Local Economic Development Act funds. The City of Albuquerque contributed another $4.5 million of Local Economic Development Funds. Albuquerque beat out other places such as Denver, Salt Lake City, Austin, New York, Georgia and Los Angeles. The Albuquerque site will be Netflix’s first hub purchased in the United States. Albuquerque Studios is an enormous complex that includes 9 sound stages, a backlot and management offices. New Mexico’s other 4 production studios are I-25 Studios, Garson Studios, Santa Fe Studios and Las Cruces Studios as other productions seek studio space for their projects.

https://www.abqjournal.com/1230755/netflix-to-buy-abq-studios.html

https://www.krqe.com/news/new-mexico/netflix-buys-albuquerque-studios/1507392854

Originally it was estimated that at least 1,000 well-paying jobs per year will be created. The jobs will run the gamut of film and TV production work, most of which is project-based contract labor. Many of the jobs are expected to pay $70,000 a year. The purchase deal also calls for $1 billion worth of production spent over 10 years which will have a dramatic effect on the City and State economies.

https://www.petedinelli.com/2019/06/17/lights-camera-action-means-jobs-repeal-nm-criminal-abortion-law/

On November 23, 2020, it was reported that Netflix will be expanding its presence in New Mexico by more than 10 times as it already exists by adding 300 acres to its existing 30-acre property located at Mesa Del Sol at the South border of the City. Netflex said it intends to make Albuquerque its North American production headquarters. The expansion comes a mere two years after the media giant purchased the ABQ Studios.

THE NBC DEAL

On July 22, 2019, NBC Universal announce it would open a studio in Albuquerque as part of a 10-year venture. The media giant took over and renovated and created sound stages at a vacant industrial building south of I-40 on Commercial Street, north of downtown in the vicinity of historic Martinez town. The media giant is expected to provide more than 330 full-time jobs year-round at the film studio.

NBC Universal employees earn about $58,000 a year which is a far cry from the minimum wage jobs the city is use to announcing with the arrival of new businesses. The studio operation is projected to generate an economic impact of $1.1 billion over a 10-year period.

The state’s Economic Development Department is providing $7.7 million through the Local Economic Development Act (LEDA) to the redevelopment and production commitment. The City of Albuquerque will provide another $3 million from its LEDA fund which was approved by the Albuquerque City Council on June 17, 2019 by a unanimous vote.

https://www.kob.com/albuquerque-news/nbcuniversal-to-open-studio-in-albuquerque/5389689/#:~:text=ALBUQUERQUE%2C%20N.M.%20%E2%80%94%20Governor%20Michelle%20Lujan,Commercial%20Street%2C%20north%20of%20downtown.

AEROSPACE

State officials are encouraged between the Spaceport and companies like Virgin Galactic moving forward with test flights. State officials say there’s even more companies on the way.

On Thursday, November 12, 2020, the City of Albuquerque Environmental Planning Commission approved the new site plan for the “Orion Center.” It is an aerospace and technology facility that will be built on the 122-acre plot of land located between Kirtland Air Force Base and Albuquerque International Sunport. “Group Orion”, the developer, is a subsidiary of Theia Group Inc., a Washington D.C. based, privately held aerospace company. The Theia Group is attempting to develop a network of satellites to digitally image and collect data on the physical world, providing solutions in areas from logistics to biology.

The mass area acreage was originally where the North-South airport runway was located. The land has now been designated for industrial development by the city. In 2017 after the runway was removed, the City named the acreage as the “Aviation Center for Excellence”. The city began to offer the vacant land area for commercial and office developers . According to Nyika Allen, Albuquerque’s Director of Aviation, the city began working with “Group Orion” in late 2018.

During the November 12th press conference announcing the development, Albuquerque Economic Development Director Synthia Jaramillo said the Orion Project represents a real opportunity to attract development from the commercial space industry. According to Jaramillo:

“The global space economy is projected to be worth $3 trillion by 2045.”

Jaramillo cited Albuquerque’s “engineering-savvy” workforce, low property tax rates, which are some of the lowest in the country, and tax deductions that target the aviation and aerospace industries. In addition, the city boasts “large swaths of vacant land, unrestricted air space and low population density.”

James Reid Gorman, Vice President of Administration for Theia, said Albuquerque was appealing to the company because of its “pipeline of engineering talent” from the University of New Mexico Engineering College. One goal is for the company to partner with all New Mexico universities to attract graduates and he said “It’s going to be a big part of our strategy in recruiting.”

Links to news coverage sources are here:

https://www.koat.com/article/aerospace-center-one-step-closer-to-being-built-in-albuquerque/34662638

https://www.abqjournal.com/1517515/aerospace-firm-targets-abq-for-new-campus.html

INTELLIGENT MANUFACTURING

There is a major effort to bring high paying technology-based jobs to communities all across the state. New Mexico is making real progress in the area. A recent analysis by the Milken Institute found New Mexico alongside New Jersey saw the largest gains in science and technology workforce over the past 2 years.

On May 3, 2021, Intel Corporation announced it will be investing $3.5 billion to equip its New Mexico operations for the manufacturing of advanced semiconductor packaging technologies, including Foveros, Intel’s breakthrough 3D packaging technology. The multiyear investment is expected to create at least 700 high-tech jobs and 1,000 construction jobs and support an additional 3,500 jobs in the state. Planning activities began immediately, with construction expected to start in late 2021.
https://www.intel.com/content/www/us/en/newsroom/news/new-mexico-manufacturing.html#gs.0yh3ny

BIO-SCIENCES

In the biosciences sector, more than a hundred new high-paying jobs are expected in Rio Rancho. The company Nature’s Toolbox specializes in bio-manufacturing to speed up the development of vaccines and pharmaceuticals. The average salary is $74,000.

GLOBAL TRADE

State officials are tapping into the international border with Mexico as a major economic opportunity. In recent months, the state announced major partnerships with at least three Taiwanese companies to set up shop in Santa Teresa, New Mexico. That includes Xxentria, which is a leading manufacturer of metal composites. Secretary Keyes had this to say:

“A lot of their heavy industry and manufacturing is going to be in Chihuahua and then we do the assembly in New Mexico, and also the headquarters. … And we’ve just hired a consultant for New Mexico that will be based in Taipei to help us with courting those Taiwanese companies and those Asian companies that potentially want to be on the border here.”

https://www.kob.com/albuquerque-news/working-4-the-future-diversifying-new-mexicorsquos-economy/5956987/?cat=500

RECREATIONAL CANNIBUS INDUSTRY

On March 31, in a special session of the New Mexico legislature, the state became the 18 state to legalize recreational cannabis . New Mexico already has a medical cannabis program that has more than 107,000 enrolled patients. The new law takes effect July 1 and sales are to begin no later than April 1, 2022. However, if new regulations are in fact adopted before then, sales can commence moths before the April 1 deadline.

On Tuesday, May 26, it was reported that the first proposed rules dealing primarily with marijuana producer license and plant fees were released. The link to the regulations is here:

ccd.rld.state.nm.us

The first proposed rules deal with marijuana producer license and plant fees. The drafted rules if adopted will set the cost of both producer and retailer licenses at $2,500 annually. Licenses for cannabis consumption areas, or designated places where adults can smoke, eat or drink cannabis products, would cost $2,500 annually under the draft rule.

The proposed rules call for a 3-tier system for cannabis producer plant limits with a maximum of 4,500 mature plants. Larger-scale producers would be charged higher per-plant fees than smaller producers.

Plant count limits have been the source of controversy with the States “medical marijuana” program with the current limit for licensed medical producers set at 1,750 plants. The 1,750 limit somewhat arbitrary as an attempt to avoid flooding the market with product.

The regulations must be adopted in order to meet the specific deadlines for implementing the law. Those deadlines are as follows:

No later than Sept. 1, 2021 – Start accepting and processing license applications from producers.
No later than Jan. 1, 2022 – Start issuing licenses and server permits; begin training and education programs.
No later than April 1, 2022 – Begin retail sales of recreational cannabis.

Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. According to some reports, legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million.

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

A BUDDING AGRICULTURAL INDUSTRY TO RIVAL ALFALFA

It was in 2017 that the New Mexico Legislature but Republican Govvernor “She Who Shall Not Be Named” vetoed the bill. The veto was overturned on procedural grounds in spring 2018. In 2019 New Mexico authorities finalized hemp rules in time for farmers to produce the state’s first legal harvest in 2019. The Corona Virus pandemic then hit New Mexico with a vengeance and the industry was placed on hold.

https://www.nmda.nmsu.edu/hemp-program/

https://hempindustrydaily.com/new-mexico-hemp-rules/

As the state and nation show signs of rebounding from the CORONA virus-induced economic slump, the hemp industry in New Mexico is poised to make a major strides in growth and development.

Hemp belongs to the same plant species as marijuana but is legally defined as having less than 0.3 percent THC. That’s a trace amount compared to cannabis, whose THC content can be more than 15 percent. The prime active ingredient in hemp is cannabidiol, or CBD, which comes from the plant’s leaves and flowers and is thought to have medicinal properties.

CBD is increasingly used in health and beauty products. Other parts of the plant have various uses. Hemp seeds, which contain no CBD, can be eaten raw or ground up for protein powder and dairy substitutes. Oil extracted from these seeds is used in skin care products. Fiber separated from the stalks can be used for clothing, bags, rope, beauty products, building materials, paper and bioplastics. The woody inner stalks, known as hurds, can be formed into building materials, mulch and animal bedding.

Agriculture is deeply rooted in New Mexico and in the top 10 of its industries. New Mexico is home to 23,800 farms and 43.9 million acres of farmland. The states top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn. New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.

https://www.farmflavor.com/new-mexico/new-mexicos-top-agriculture-commodities/

Hemp as an agricultural cash crop has the potential to immediately rival alfalfa as a cash crop in New Mexico. Hemp is a good crop for a desert state like New Mexico because it consumes up to 75 % less water than alfalfa and corn. … Statewide, 31 growers have licenses for indoor operations, totaling 9.74 million square feet, and four growers have licenses for outdoor cultivation, totaling 37.7 acres, according to the state Department of Agriculture.

Jill Browning, chairwoman of the New Mexico Hemp Association, has said the hemp industry will flourish on its own when the fiber is used more in clothing, construction materials and to replace plastics.

https://www.santafenewmexican.com/news/business/hemp-a-budding-industry-in-new-mexico/article_12ecd6c0-752a-11eb-8cba-370b8ee8264f.html

NEW MEXICO FILM INDUSTRY EMERGES AS NATIONAL LEADER

For well over a decade, New Mexico’s film incentive package, often controversial with Republican New Mexico Legislators and previous Republican Governor “She Who Shall Not Be Named”, has been seen as the very best film production credits in the industry. The film incentive package offers a 25-30% rebate on New Mexico goods and services.

“DIRECT SPEND” ANNOUNCED

It was on June 24, the Lujan Grisham Administration announced that the New Mexico film industry has brought in $623 million in what is known as a “direct spend” with one week left to go in the fiscal year. The film industry broke the record of $525.5 million set in fiscal year 2019. In fiscal year 2020, the film industry had a direct spend of $386.8 million despite the closure of the state during the pandemic. NBCUniversal has been able to kept production going during the pandemic.

According to the New Mexico Film Office, there have been 28 productions announced by the film office during the 2020-2021 fiscal year. The number of New Mexico crew hired for the 28 productions is 3,302 with 986 New Mexico actors within those productions. The biggest impact is with background actors, which is 7,963 New Mexicans hired.

Contributing to the record-breaking year, there are film production public-private partnerships with NBCUniversal and Netflix. Both have signed a 10-year commitment to bring film and TV projects to the state.

In addition to making the announcement on the $623 direct spend, Governor Michelle Lujan Grisham participated in the official opening for NBCUniversal’s production facility in Martinez town. Lujan Grisham gave the film industry major credit for its continued growth and had this to say:

“Quite frankly, this industry is a star industry during the pandemic. … [The film industry] had one of the lowest positivity rates, if not the lowest in the state. … We lead. We do it right. … This is an incredible place for the film industry. … We’re not just making movies here. We are a movie industry hub for the United States and the globe. This is where you want to be if you’re going to be doing productions.”

Alicia J. Keyes, the Cabinet Secretary of Economic Development Department added:

“This has put us on a global scale to attract film and television and multimedia productions to the state. … This money supports New Mexicans and small businesses around the state.”

The link to quoted news source material is here:

https://www.abqjournal.com/2403189/nm-film-industry-breaks-record-with-623m-in-direct-spend.html

ALBUQUERQUE ECONOMIC DEVELOPMENT FIVE-YEAR STRATEGIC PLAN

Albuquerque Economic Development (AED) is a private, nonprofit organization whose mission is to recruit new employers and industry and help local companies grow to generate quality job opportunities for the Albuquerque metro area. AED provides a full complement of services, all at no cost or obligation to businesses seeking to locate in the city. Some of the services they offer include:

Site selection assistance
Business incentive analysis
Real estate search
Customized site and building tours
Labor market analysis
Workforce recruitment and job-training assistance
Coordination of state and local assistance

https://www.abq.org/about-aed/

AED ANNOUNCES STRATIC PLAN

On Tuesday, June 29, AED announced what it touted as its “first-of-its-kind five-year strategic plan” to stimulate job creation, to work to overcome some of the city’s most chronic problems and to boost the city’s brand nationally. The AED’s vision under the strategic is idealistic as idealistic as it gets and yet straight forward:

“That the greater Albuquerque area be known and recognized for having the highest quality of life and the most diverse, sustainable economy in the region.”

AED’s strategic plan looked at where Albuquerque ranks as compared to 10 other metro areas that compete for some of the same economic development opportunities. The 10 city’s are Dallas; Phoenix; Salt Lake City; Boise, Idaho; Colorado Springs; Des Moines, Iowa; El Paso; Omaha, Nebraska; Tucson, Arizona; and Tulsa, Oklahoma.

AED’s specific five-year goal is for Albuquerque to rank in the top 25% of midsized markets in the U.S. for job growth. That in and of itself will be a steep climb for the city which saw a pathetic 0.7% job growth in the past five years which placed the city in the bottom 25% for cities with a population of between 500,000 and 1 million people.

AED’s strategic plan will capitalize on the area’s major strengths:

A high number of people with professional and doctorate degrees,
The synergy of multiple national labs
A more affordable workforce
Higher education institutes that want to be responsive to workforce needs and
A sunny, mostly natural disaster-free, climate.

AED’s plan identifies six major industries that have momentum now that will help with economic development:

Aerospace
Biosciences
Renewable energy
Digital media and film
Corporate and professional services
Manufacturing

Because of its limited resources, AED will begin by choosing two of those industries to focus on. AED President and CEO Danielle Casey acknowledged the difficulty of implementation of the plan and said:

“[It] is a highly aspirational vision. But if we don’t have one, we have no idea where we want to be someday … I’ll be frank. I don’t see this vision happening in the next five years. But that was also why this five-year strategy is really the start of moving forward for the next 20 [years].”

THE CHALLENGES TO OVERCOME

AED identified the major obstacles to economic development all too well known to anyone who has lived, worked and done business for any length of time in Albuquerque:

Crime, poverty, homelessness, ineffective education and workforce preparation, and a lack of national and major publicly traded companies all made the list.

AED’s study asserts that violent and property crime in Albuquerque’s metro area is lower than the national average but higher than the other 10 cities looked at for comparison, except Tulsa. AED’s assertion that Albuquerque’s metro area is lower than the national average is embarrassingly false. According to FBI crime statistics, Albuquerque crime stats are exceptionally higher than the national averages in violent and property crime rates. “Neighborhood Scout” 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, Albuquerque has made the top 100 most dangerous cities in 2021, with the city going from the low rank of #74 to a current rank of #21.

COST OF LVING, WORKFORCE AND EDUCATION

According to AED’s strategic plan, the metro area has a large, competitively priced workforce which is essential for any new business that wants to hire local and not relocate employees. According to data compiled, Albuquerque’s wage growth is lower than all 10 of the competitive markets compared to in the study.

As to an educated workforce, Albuquerque has a high-level number professional degree. Upwards of 2.2% of Albuquerque’s 25-and-older population holds a doctorate degree which more than any of AED’s 10 competitor markets.

Albuquerque’s high school diploma and bachelor’s degree statistics are disappointing. According to AED’s report, about 11.2% of Albuquerque’s 25-and-up population holds less than a high school diploma. About 17.3% hold a bachelor’s degree, near the bottom of the 10 cities Albuquerque was compared to.

AED executives reported that Albuquerque is able to recruit highly educated workers but it has the problem not being able to produce an educated workforce. Notwithstanding , AED leaders say Central New Mexico Community College and the University of New Mexico are committed to responding to workforce needs.

STRENGTHS, WEAKNESSES, OPPORTUNITIES AND THREATS IDENTIFIED

AED’s strategic plan provides a “bullet points” of the city’s strengths, weaknesses, opportunities and threats to the city’s economic development:

STRENGTHS

• Outstanding quality of life & climate
• Cultural and ethnic diversity
• Central U.S. location
• Transportation infrastructure
• Economy: Federal and military labs and the intellectual capital and innovation they bring
• Human capital/workforce: high concentration of Ph.D.’s and STEMrelated professionals
• Lowest cost renewable energy
• Higher education institutions – Central New Mexico College, New Mexico Tech and University of New Mexico
• Absence of natural disasters
• Welcoming to newcomers

WEAKNESSES

• Quality of life: crime, poverty and homelessness
• “scarcity” mentality and failure to “think big”
• Hostile business climate on the part of individual cities and the state government
• Relative isolation from major U.S. markets • Ineffective education, training and preparing the local workforce
• Absence of a major international airport and direct, nonstop routes
• Absence of collaboration between and among postsecondary institutions
• Deteriorated Downtown ABQ
• Few national and major publicly traded companies

OPPORTUNITIES

• Improving K-12 education
• Growing and diversifying the region’s economy to be less dependent on oil/ gas and government
• Increasing the focus on existing business
• Attracting firms and enterprises in key economic sectors
• Improving the human capital/ workforce assets of the region
• Elevating the identity and brand awareness of the Albuquerque region • Improving competitiveness and business climate
• Creating a more cohesive, effective and efficient economic development ecosystem

THREATS

• Continued negative business climate
• Failure to become less dependent on the oil/gas industry and federal government (labs and military)
• Failure to adopt a systemic, focused and performance-based approach to economic development
• Failure to “level the playing field” visà-vis competition from other states, especially taxation of business and lack of incentives
• Failure to address crime, poverty and homelessness
• Failure to improve the traditional public K-12

LINKS TO QUOTED SOURCE MATERIAL ARE HERE:

https://www.abq.org/2021strategy/

https://www.abq.org/wp-content/uploads/2021/07/AED103_2021StrategicPlan_TwoPager_Final_Web.pdf

https://www.abq.org/wp-content/uploads/2021/06/AED103_2021StrategicPlan_v3_PRINT-READY.pdf

https://www.abqjournal.com/2404655/abq-economic-developers-set-lofty-jobs-goal.html

COMMENTARY AND ANALYSIS

Election after election, we hear New Mexico politicians running for office at all levels and elected officials from both parties repeatedly point out that we routinely rank high on the bad lists of crime, hunger, poverty, and low on the good lists of income, child well-being, places to retire, quality of education and jobs.

When you review the 10 major private sector industries identified by the state and the 6 major private sector industries that AED has identified to diversify the city’s and the state’s economy, it is clear that the lists are essentially identical once you consider the overlap and commonality. Concentration on the identified sectors or industries that have the best shot at diversifying New Mexico’s economy is essential.

There is an absolute need to concentrate on the identified industries by the state and AED, otherwise, within 20 years, if not sooner, virtually all of New Mexico will be nothing more than a dusty high desert state with more empty space, more ghost towns, beautiful vistas and sunshine and with no one wanting to live here but only visit. The only industries that will be expanding will be “assisted living” homes and funeral homes and cemeteries with New Mexico becoming the grave yard of lost opportunities, hopes and dreams for a better life and livilhood.

Links to related blog articles are here:

2020 “Orion Center” Type Of Development Foreseen In 2013 “Energize Alb” Plan; PATHETIC: City Set Aside Of $5.8 Million For Economic Development Out Of $1.1 Billion City Budget; Mayor Keller Relies On Luck For Economic Development

NM Vital Signs Are Clear: The State Is Dying; Business And Elected Leaders Must Find A Cure; A Path Forward To Diversification Of New Mexico’s Economy

https://www.abqjournal.com/2404655/abq-economic-developers-set-lofty-jobs-goal.html

On November 6, 2018, Governor Michelle Lujan Grisham was elected to her first 4-year term, winning the election with 57.2% of the vote (398,368) to 42.8% of the vote (298,091) cast for former Congressman Steve Pearce. By any measure, a more than 100,000 margin in votes is a blowout win.

On June 3, 2021, Governor Michelle Lujan Grisham made it official that she is running for a second 4-year term. Since making her announcement, there have been 2 major polls on her performance and approval and disapproval ratings as well as revolving issues that will likely help her in the long run as she seeks a second term, including weak Republican opposition with Der Führer Trump looming large over them.

GOV. MLG’s DECLINING POLL NUMBERS

Since making her announcement for a second term, there have been two polls done on the approval rating for Governor Michelle Lujan Grisham. Those polls are a SurveyUSA poll and a PPP poll.

SURVEYUSA POLL

On June 30, KOB 4 published the results of a SurveyUSA poll it commissioned on the Governor’s approval rating. The report was prepared by KOB 4 reporter Chris Ramirez. Below is the link to the Channel 4 news report and poll data:

https://www.kob.com/new-mexico-news/poll-gov-lujan-grisham-has-50-approval-rating/6158319/

SurveyUSA is a polling firm in the United States that conducts market research for corporations and interest groups but is best known for conducting opinion polls for various political offices and questions. SurveyUSA conducts these opinion polls under contract by over 50 television stations The difference between SurveyUSA and other telephone polling firms is twofold. First, SurveyUSA does not use live call center employees, but an automated system and taped questions. Secondly, SurveyUSA uses more concise language, especially for ballot propositions, than competitors and this can lead to diverging results.

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

The SurveyUSA poll asked 6 major questions. Following are the questions with the poll results:

1. Do you approve or disapprove of the job Michelle Lujan Grisham is doing as governor of New Mexico?

APPROVE: 50% DISAPPROVE: 32% NOT SURE: 18%

2. Do you approve or disapprove of the way Governor Lujan Grisham is handling the Coronavirus?

Strongly Approve: 31% Somewhat Approve: 28% Somewhat Disapprove: 12% Strongly Disapprove: 22% NOT SURE: 8%

3. Do you approve or disapprove of the way Governor Lujan Grisham is handling the economy?

Strongly Approve: 19% Somewhat Approve: 30% Somewhat Disapprove: 18% Strongly Disapprove: 24% NOT SURE: 9%

4. Do you approve or disapprove of the way Governor Lujan Grisham is handling crime?

Strongly Approve: 13% Somewhat Approve: 27% Somewhat Disapprove: 19% Strongly Disapprove: 25 % NOT SURE: 17%

5. Do you approve or disapprove of the way Governor Lujan Grisham is handling Policing issues?

Strongly Approve: 15 % Somewhat Approve: 25% Somewhat Disapprove: 18% Strongly Disapprove: 25 % NOT SURE: 17%

6. Is New Mexico headed in the right direction? Or is it off on the wrong track?

RIGHT DIRECTION: 48% WRONG TRACK: 35% NOT SURE: 17%

Which of the following issues is most important to you right now?

Crime: 18%
Corona Virus: 15%
Unemployment: 9%
Economy: 25%
Education: 11%
Homeless: 11%
Other: 7%
Not Sure: 4%

The link to the full poll is here:

https://www.surveyusa.com/client/PollReport.aspx?g=3247819a-cbc2-4164-8a9c-8cf1f865c23e

PUBLIC POLICY POLLING

Public Policy Polling (PPP) is a Democratic public opinion research organization headquartered in Raleigh, North Carolina. It describes itself as “…the highest quality polling at the most affordable price of any company out there.” In 2008, The Wall Street Journal described PPP’s polls as “as accurate as live-interview surveys,” and ranked them fourth among interactive voice response survey operations.

https://ballotpedia.org/Public_Policy_Polling

The PPP poll was conducted on August 16 and 17 by PPP and surveyed 682 registered voters throughout New Mexico. The poll has a 3.8% margin of error. The PPP was conducted for NM Political Report. The poll found that 46% of New Mexico voters approve of Michelle Lujan Grisham’s job performance as governor compared to 45% who disapprove. The previous June 3 SurveyUSA poll gave the Governor 50% approval, 32% disapproval with 18% responding not sure.

Lujan Grisham has her highest approval rating among Democrats with a 79% approval and 13% disapproval. Only 9% of Republicans approve of her job performance and 84% disapprove. The Governor did worst with independents, with 33% who approve and 54% who disapprove.

Lujan Grisham has higher than average approval ratings among those who identify as Hispanic or Latino. She polled at 53% approval to 35% who disapprove amongst Hispanic or Latino. She polled lower among those who said they were white with 40% approving and 55% disapproving. Those identifying as other ethnicities approved 56% t to 29% disapproval.

https://nmpoliticalreport.com/2021/08/23/poll-lujan-grisham-at-46-approval-45-disapproval/

https://www.fairfieldsuntimes.com/business/energy/poll-gov-lujan-grishams-job-approval-below-50/article_731ba087-3d75-5653-9128-3cb1e7f9d99c.html

EVOLVING ISSUES

Polls taken over a year from an election are more for the benefit of the media and news outlets and those running for office and such polls are generally ignored by the public. At this point there are any number of evolving issues that will likely have an effect on improving the Governor’s chances for a second term. Those issue include crime and changes to the criminal justice system to deal with it, the economy and the pandemic.

STATE POLICE TO THE CITY

In the wake of the killing of 13-year-old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student as well as the city breaking the all-time homicide rate, Lujan Grisham announce she was sending 35 New Mexico State Police Officers to the city to help address its spiking murder and violent crime rates. She also announced that she is open to adding firearms legislation to the 2022 thirty-day legislative session that begins in January as well as considering other changes in the criminal laws.

On Monday, August 16, Governor Michelle Lujan Grisham announced that she had order 35 New Mexico State Police ( NMSP) officers to begin “proactive operations” and crime suppression operations in the Albuquerque area starting on Tuesday, August 17. The 35 NMSP officers will be assigned to a 3-week-long operation in Albuquerque. State Police Officers will conduct operations along I-25 and I-40 in Bernalillo County. They will also be on highways during peak traffic hours. Currently, 42 state police officers are stationed in the metro area, but they patrol the area from Bernalillo to Los Lunas and Grants to Edgewood. The additional 35 State Police will concentrate on Albuquerque.

According to a news release, NMSP will be working with the New Mexico Department of Corrections and Adult Probation and Parole Department. The state department will work together to target criminals who have outstanding warrants for violent crimes and are believed to be involved in ongoing criminal activity in the city.

Governor Michelle Lujan Grisham had this to say:

“We know from our last effort there were a lot of arrests made. We think this is going to make an impact and we’re going to continue to go after fugitives right and we’ve got felony warrants, people out. It takes all of us working together to get these people picked up and held.”

Tim Johnson, Chief of the New Mexico State Police, had this to say in a news release:

“Proactive crime suppression efforts can help solve crimes and often help prevent crime in the Albuquerque Metro area. … “Citizens have described the driving on the interstates in Albuquerque as chaotic, often leaving them feeling unsafe or frightened. Shootings, murder and overall violent crime feels like a daily occurrence in the metro, we hope our plan can help slow this trend.”

The assignment of State Police will be the second time in as many years that the Governor has ordered state police to the city, but this second time is dramatically different. It was in May, 2019 following the shooting of the University of New Mexico baseball player Jackson Weller outside of a Nob Hill bar that 50 state police officers were pulled from communities all over the state and patrolled the metro for two months. The state police arrested 738 people and doing more than 14,000 traffic stops. The 35 state police being sent this time will be tasked with concentrating on outstanding warrants for violent crimes.

BACKING CHANGES IS PRE-TRIAL DETENTION SYSTEM

It was in 2016 that New Mexico voters overwhelmingly approved a constitutional amendment that did away with the money bail bond system. The change in the law resulted in doing away with defendants charge with low level nonviolent crimes being held simply because they lacked the ability to post a bond. It further authorized judges to order defendants charged with violent crimes held in custody without bond only if prosecutors can show the accused represents a danger to the community and that there are no conditions of release that will protect the community.

On August 28, Governor Lujan Grisham made it known now that she wants to see changes in the state’s pretrial detention system now viewed as too lenient in releasing violent criminals pending trial. According to the Governor, she wants to shift the burden of proof so that people charged with violent offenses are required to show they can safely be released into the community pending trial. In a statement, Lujan Grisham had this to say:

“I believe a rebuttable presumption for individuals accused of violent crimes can be a wedge in the revolving door of repeat violent offenses that have characterized the worst aspects of the crime our state continues to experience.”

Since being elected to his first term as Bernalillo County District Attorney in 2016, DA Raúl Torrez has pushed for the changes. Not at all surprising is that Chief Public Defender Bennett Baur opposes the shift in the burden of proof making it the burden of the accused to establish they are not a danger to the community and should be released pending trial. According to Bauer, only 3% of people released prior to trial commit a violent crime after their release pending trial and said:

“I’m extremely concerned about allowing the government to hold people in jail for months just because someone said you did something.”

https://www.abqjournal.com/2424184/pretrial-detention-to-be-reviewed-violent-offenders-should-be-in-jail-before-trial-governor-says.html

NEW MEXICO REVENUE OUTLOOK REBOUNDS DRAMATICALLY

On Friday, August 28, during a Legislative Finance Committee (LFC) held in Taos, it was revealed that the State is experiencing an all-time high windfall of more than nearly $1 billion higher than what was projected in February. The estimates released to the committee by executive and legislative economists project New Mexico lawmakers will have nearly $1.4 billion in additional money in the coming year, an amount that represents the difference between expected revenue and the state’s current $7.4 billion budget. The cause of the windfall is surging oil and natural gas production and a rise in consumer spending.

The projected revenue total does not include more than $1.5 billion that will automatically flow into a state “rainy day” fund and an early childhood endowment fund over the next two years nor does it include the $1.75 billion in federal relief funds that have only been partially earmarked by the Lujan Grisham administration.

The $1.4 Billion in additional revenue will allow for spending that could make a major difference in public schools, roads, health care programs and help fund new initiatives by the Legislature and Gov. Michelle Lujan Grisham. The 2022 legislative session is a 30 day session, called a sort session, to deal almost exclusively with the budget, financial matters and taxation and it is the Governor who set the agenda is such sessions.

Sen. George Muñoz, D-Gallup, the LFC’s vice chairman, suggested the revenue windfall should be spent on one-time expenditures not part of the state budget and had this to say:

“There’s going to be a lot more money than we know what to do with in the next few years, but it’s not going to last forever. … Now is the time to tackle the structural issues of New Mexico. ”

The link to quoted news sources material is here:

https://www.abqjournal.com/2423653/nm-revenue-levels-projected-to-soar-to-all-time-high.html

JOBS AND THE ECONOMY

New Mexico has one of the nation’s highest unemployment rates in the country. In July, it was tied for second-highest nationally at 7.6%. New Mexico posted 4.3% job growth from July 2020 through June 2021 and the state is down roughly 64,000 jobs, which is 7.4%, from its pre-pandemic peak. Taxation and Revenue Secretary Stephanie Schardin Clarke said she did not expect the State to get back to the pre-pandemic employment level until 2026.

Notwithstanding the state’s current unemployment numbers, the Lujan Grisaham Administration over the last 2 and a half years has made significant progress to diversify New Mexico’s economy.

The progress has included the film & television industry as reflected by NETFLEX buying Albuquerque Studios and expanding their operations to make Albuquerque its North American production headquarters employing thousands and the NBC opening a studio in Albuquerque as part of a 10-year venture projected to generate an economic impact of $1.1 billion over a 10-year period.

Lujan Grisham is making a major effort to bring high paying technology-based jobs to communities all across the state and is making real progress in the area. On May 3, 2021, Intel Corporation announced it will be investing $3.5 billion to equip its New Mexico operations for the manufacturing of advanced semiconductor packaging technologies, including Foveros, Intel’s breakthrough 3D packaging technology. The multiyear investment is expected to create at least 700 high-tech jobs and 1,000 construction jobs and support an additional 3,500 jobs in the state. Planning activities began immediately, with construction expected to start in late 2021.

The Areo Space industry is also rapidly expanding with the Spaceport and Virgin Galactic successfully completing its first commercial flight. The “Orion Center ”, an aerospace and technology facility which will be building a 122-acre campus facility in Albuquerque creating more jobs. “Group Orion”, the developer, is a subsidiary of Theia Group Inc., a Washington D.C. based, privately held aerospace company. The Theia Group is attempting to develop a network of satellites to digitally image and collect data on the physical world, providing solutions in areas from logistics to biology.

In the biosciences sector, more than a hundred new high-paying jobs are expected in Rio Rancho. The company Nature’s Toolbox specializes in bio-manufacturing to speed up the development of vaccines and pharmaceuticals. The average salary is $74,000.

The recreational cannibus industry will also be kicking into high gear come January, 2022. Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. According to some reports, legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million.

On August 30, it was announced that MTX Group Inc, a Texas-based technology consulting firm, has selected Albuquerque as its base of operations in the Southwest. The firm is planning to hire 250 employees in the city with an average salary of more than $100,000. The firm provides technology designed to help partner organizations modernize their operations. Das Nobel, CEO and co-founder of MTX, said the company plans to use its Albuquerque office as a hub for operations taking place in Nevada, Utah and other parts of the Southwest.

Link to news source is here:

https://www.abqjournal.com/2424743/texas-firms-move-to-bring-highpaying-jobs-to-abq.html

THE REPUBLICAN OPPOSITION

There are 6 candidates who have announced that they are seeking the Republican nomination for Governor in 2022. Those candidates in the order of their announcements are:

1. SANDOVAL COUNTY COMMISSIONER JAY BLOCK

On April 18, 2021 Sandoval County Commissioner Jay Block announced he is running for the Republican nomination for Governor. Block, a retired lieutenant colonel who spent 21 years the Air Force and moved to Rio Rancho in 2015.

Block has fully aligned himself with former President Der Führer Donald Trump. In his announcement he said he is in favor of defunding abortion services and restoring qualified immunity for police officers.

In his announcement video Block said:

“This is a movement of shared values. … It’s time Michelle Lujan Grisham is out of office so we can start a new era of prosperity for New Mexicans.”

Block has already gotten nasty with his remarks about the Governor when he said:

“Michelle is proud of where New Mexico stands today. Michelle is proud New Mexico ranks last in education. Michelle is proud New Mexico ranks first in child poverty.”

https://www.koat.com/article/race-for-governor-of-new-mexico-heating-up/36974820

2. KAREN BEDONIE

On April 25, 2021, Republican and retired teacher Karen Bedonie of Farmington announced she is running for the Republican nomination for Governor. Her announcement video featured photographs of Bedonie holding a rife, posing with law enforcers, her husband, and her family, and portrayed her campaign’s focuses on a family, faith, and freedoms-based message.

In her announcement Bedonie said:

“I am a woman of courage and I have worked tirelessly to formulate a liberating plan for the beautiful state of New Mexico. … I believe the Second Amendment of the Constitution is absolute, written so beautifully that the builders of this nation installed these rights to withstand tyranny and the trampling of our liberties and freedoms. As a mother of five daughters, we will bear arms to protect ourselves. Missing, murdered, and indigenous women is real and is also unresolved.”

https://pinonpost.com/karen-bedonie-announces-candidacy-for-new-mexico-governor/

3. GREG ZANETTI

On June 14, Republican Greg Zanetti announced his campaign. Zanetti is a former Bernalillo County Republican Chairman and a former New Mexico National Guard Brigadier General who now works in the business of wealth management. He has said in the past that he does not intend to get vaccinated for covid. With respect to the Governor, Zanetti had this to say:

“We had this autocratic governor come down and impose all these rules where we shut down businesses, locked down the kids, we shut the state down, and as the facts changed and we learned more about COVID, she didn’t adjust.”

Surprisingly, Republican conservative Zanetti is distancing himself from Der Führer former president Donald Trump and said:

“This isn’t about Donald Trump. It’s not about one person, it’s about a bigger message.”

Ostensibly, Zanetti did not get the memo from New Mexico Republican Party Chairman Steve Pierce that the Republican Party in the state and nationally are very much in lock step with Der Führer Trump.

4. TIM WALSH

On June 30, Albuquerque retired teacher Tim Walsh, age 74, announced he is running for the Republican nominations for Governor. Walsh previously worked as an education adviser to former Republican Governor Gary Johnson and describes himself as the same type politically as Johnson. That likely means being nothing but a libertarian who has decided to become a Republican but who smokes cannabis without telling anyone until he gets termed out.

In his announcement Walsh said if elected Governor he would push to overhaul the state’s public pension funds to a 401(k) model to address unfunded liabilities and do away with the state’s high-profile film incentive program.

https://www.abqjournal.com/2405298/gop-candidate-tim-walsh-announces-gubernatorial-bid.html

5. REBECCA DOW

On July 7, three term Republican State Representative Rebecca Dow of Truth or Consequences announced that she is running for the Republican nomination for Governor. In her announcement, she vowed to address “hard truths” related to the state’s high unemployment rate, low education rankings and chronic child welfare issues. She is a former early child care professional.

Dow, like the other Republican Governor candidates also immediately attacked Governor Lujan Grisham and described the governor as a “power hungry” career politician whose policies have hurt New Mexico and said:

“As a state, we have never experienced more dire conditions than we are currently struggling through right now.”

https://www.abqjournal.com/2415471/sanche-zjoins-gop-field-for-governor.html

HEINRICH ENDORSES MLG

On September 8, New Mexico Senator Martin Heinrich endorsed the Governor’s candidacy for a second term. In a statement, he had said in part:

. . . Lujan Grisham has set bold statewide renewable energy standards — putting New Mexico at the forefront of the clean energy industry that will produce good jobs. . .She has aggressively pursued polluters and established nation-leading rules that will reduce harmful emissions and create even more jobs through detecting and capping gas leaks that harm our air. Governor Lujan Grisham has made New Mexico a national leader in the fight against climate change. I am pleased to endorse Governor Michelle Lujan Grisham so she can continue delivering for. . .New Mexico.”

Heinrich’s strong appeal with progressive environmentalists will help to discourage any Democratic primary challengers.

COMMENTARY AND ANALYSIS

The PPP poll finding that 46% of New Mexico voters approve of Michelle Lujan Grisham’s job performance as governor compared to 45% who disapprove no doubt is concerning, but is not surprising for a Governor that has shown real leadership making difficult decisions and who has been very effective in dealing with the coronavirus pandemic. Placing too much reliance on polls 14 months out before a general election would be a major mistake in that there is more than enough time for her to turn things around. Further, the 2 polls do not reflect at all how the Governor would fair in a one-on-one race with a generic Republican, let alone any one of the announced Der Führer Republican candidates for Governor.

The 59% approval rating dealing with the pandemic and the 49% approval rating dealing with the economy in all likely will increase as the state begins to reopen and things get back to normal. Low approval ratings in both crime and policing issues is what Governors’ and Mayors’ across the country are dealing with as violent crime is a national trend. However, Governor Lujan Grisham has not totally ignored either issue and in fact is now taking action to deal with crime and getting behind legislation to deal with it, something that will be fleshed out during the upcoming legislative session and as her bid for a second term gains full speed in the months ahead.

The one constituency that the Governor appears to need to work on is her 47% approval rating among Hispanics. 30% of Hispanics disapprove and 23% saying they were not sure of her job performance. Governor Lujan Grisham still has 79% approval rating amongst Democrats. She has a 59% approval rating dealing with the pandemic and the 49% approval rating dealing with the economy. With such a high approval rating from people who identify as Democrats, it is more likely than not Governor Michelle Lujan Grisham will have no opposition in the Democratic primary, and if so, it will be weak at best.

As for the announced Republican candidates, most, if not all 6, are viewed within political circles as weak unknowns at best and at worst way too conservative and too pro Der Führer Trump to become viable in a solid blue state such as is New Mexico. At this point in time, the biggest hope that all 6 Republican candidates have, if they are the Republican nominee, is that Governor Lujan Grisham will be viewed with nothing but extreme hostility destroying her support within the Democratic party. That is not all likely to happen and its not at all likely Democrats will want to support a Der Führer Republican Party candidate for Governor.

The link to a related blog article is here:

Six Run For Republican Nomination For Governor; In A Statewide Race, Republican Nomination May Not Be Worth Much Unless Governor Lujan Grisham Does Something Really Stupid

On Tuesday, April 6, Mayor Tim Keller held a press conference in front of the Gibson Lovelace Medical Center to officially announce the city had bought the massive 572,000-square-foot complex for $15 million and will transform it into a Gateway Center for the homeless. The complex currently has a 201-bed capacity, but remodeling could likely increase capacity significantly to at least 300 beds as was originally envisioned for the Gateway center.

In making the announcement, Keller had this to say in part:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people.
…
For us, this is about actually doing something. Not just talking about it, not just discussing it, not just harping about the details. This is about action. … This is never meant to be permanent. It’s meant to be a gateway to services that can then lead to people enabling and changing their lives.

“And so really what we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question.”

HIGHLIGHTS OF GATEWAY OPERATIONS PLAN

The City of Albuquerque posted on its internet web site an 11 page draft of the “Gateway Center at Gibson Health Hub Operations Plan” for the homeless shelter that will be inside the Lovelace Hospital complex the city.

The draft the operations plan is dated August, 2021. The link to the 11 page “Gateway Center at Gibson Health Hub Operations Plan” is here:

https://www.cabq.gov/family/documents/operations-plan-draft-8-21-conditional-use-app.pdf

The Gateway Operations Plan highlights include the following:

The Gibson Health Hub (GHH) is to be an anchor facility to fill healthcare and social service gaps. The Gateway Center will comprise a portion of the facility to provide shelter and services to the homeless. The mission of the Gateway Center will be to “provide a safe and welcoming place that provides a low-barrier, trauma-informed shelter along with services to the homeless using a client-centered approach.”

SECURITY AND PUBLIC SAFETY DISTRICT

The Gateway Center Shelter will be open 24 hours a day, 365 days a year. The Gateway Center Shelter will have a secured entrance that will be staffed 24 hours a day, 7 days a week to ensure the safety of those sheltered, staff, volunteers, service provider partner agency staff and volunteers. Only enrolled Gateway Center Shelter guests, staff, program staff and volunteers, and registered partner agency staff and volunteers will be allowed to enter the Gateway Center shelter.

Personal visitors will not be allowed at the Gateway Center Shelter, except under limited conditions with express permission. Residents can come and go as needed while following a curfew policy, with exceptions to include work and personal needs and unanticipated issues such as family crisis. Weapons will not be allowed at the Gateway Center. There will be a weapons policy & procedure to address weapons brought on site. Clients will be required to sign a form acknowledging that they are aware of the weapons policy & procedure.

The City intends to establish a public safety district around the Gateway Center, which will be a concentrated, coordinated effort between City Departments that address public safety, including Albuquerque Community Safety, APD, Albuquerque Fire and Rescue, Family and Community Services, Parks and Recreation and Solid Waste. The purpose of the Public Safety District will be to better coordinate existing resources and efforts. Community policing will be included.

CRITICAL INCIDENCE RESPONSE AT FACILITY

The City of Albuquerque will work with the organizations operating the Gateway Center to establish procedures for critical incident response. Threats and assaults to staff and clients will not be tolerated. A 9 policy and procedure addressing threats and assaults to client and staff will be established. Any guest who threatens or assault staff or clients will be exited from the Gateway Center, and will receive transportation to their exit destination. De-escalation procedures will be established. All Gateway Center staff will receive training in conflict resolution and de-escalation techniques. The procedures will address appropriate use of APD to resolve safety issues at the Gateway Center

SERVICES TO BE PROVIDED

The Gateway Center service staff will conduct a general assessment with individuals and families to verify that the Gateway Center is an appropriate option. As part of this assessment, Gateway Center staff will assess whether the presenting individual or family can be safely diverted to a non-shelter alternative. The Gateway Shelter will establish a referral process for community organizations, including other homeless assistance providers and other local service agencies. Gateway Center staff will conduct an assessment that will address any immediate issues that need to be resolved, including physical or medical health issues that may require a triage to more appropriate options. This may include, medical respite, detox or recovery programs. The Gateway Center programming will incorporate a trauma-informed approach that is equitable, culturally and spiritually accommodating, and supportive of LGBTQ+, people of color and people living with disabilities.

“The Gateway Center will be a low barrier shelter that follows the Housing First principles to address immediate and long-term housing needs. As a low-barrier and inclusive shelter, the Gateway Center will accept unhoused people who may have complex histories, including a criminal history. The Gateway Center will leverage existing services and develop partnerships for referrals into the community to foster collaboration and not competition. This includes creating space within the Gateway Center for other community partners to connect with guests and provide services, such as satellite office space. The Gateway Center will operate with a harm reduction philosophy to address substance use disorders. Guests do not need to be clean and sober to access the Engagement Center or Shelter, but they cannot use drugs on site.”

TWO MAJOR COMPONENTS

The Gateway Center will have two major components: an Engagement Center and the Shelter. The Engagement Center will serve as a “warm and welcoming access point to services”, while also helping to meet the most immediate needs of unhoused people coming to the Shelter. The Shelter will provide low barrier, trauma-informed shelter that meets people where they are at with a client-centered approach to develop a plan to achieve housing stability. Through the “Engagement Center”, the Gateway Center will provide person-centered services that “meet people where they are at” to achieve housing and behavioral health stability. Intake to services will be staged according to client need and interests. “Programs will embody a person-centered approach to support connections to community, and attain housing and behavioral health stability so that homelessness is a brief, rare, one-time experience.”

ADMINISTRATION

The City will have an onsite Gateway Center Administrator to oversee operations. One onsite Community Outreach Coordinator and a Gateways Systems Analyst will report to the Administrator. The Gateway Center Administration will be responsible for overseeing all Gateway Center Operations. The Systems Analyst will be responsible for ensuring systems are place to implement and evaluate effective service delivery, including data systems. The Community Outreach Coordinator will be responsible for coordinating day-to-day operations with the organizations selected to operate the Gateway Center.

TRANSPORTATION AND DINING TO BE PROVIDED

“The Gateway Center will operate a shuttle system. The shuttle system will transport referred guests to the Gateway Center for intake and assessment. The shuttle system will provide transportation to 6 individuals and families exiting the Gateway Center to their exit destination. Some Gateway Center clientele will also utilize public transportation.”

The Gateway Center will have a dining area that will be open daily for three meals per day, and a facility shuttle system will transport referred clients into the shelter and, eventually, to their “exit destination.” The initial anticipated hours for dining will be 7:00am-9:00am; 11:00am1:00pm; 5:00pm-7:00pm, and food donations will be accepted.

NO ENCAMPMENTS ALLOWED

No Encampments will be allowed on the Gibson Gateway Shelter property. The Department of Family and Community Services (DFCS) public outreach team will be responsible for addressing encampments on all public property. Two of the public outreach team members will be based at the Gibson Gateway facility. According to the operation plan, the DFCS public outreach team will monitor the ¼-mile radius from Gibson Gateway Shelter daily for encampments on public or private property. For encampments on public property, DFCS will post notice the same day the encampment is observed. The DFCS outreach team will refer any encampments located on private property to the Planning Department Code Enforcement Division.

ZONING APPLICATION FOR CONDITIONAL USE REQUIRED

On Tuesday, August 3, the city posted the 11-page operations plan on its website as it applied for a “conditional use” permit needed to run an overnight. A zoning hearing is scheduled for September 21, and it is more likely than not that the hearing officer will approve the permit. The city application for the conditional use argues there is a strong need for it to enhance Albuquerque’s demand for homeless services to an ever-expanding homeless population. It has been reported that more than 700 people have used the city’s shelter-and-hotel system the city provides for emergency shelter, especially during the winter.

The zoning for the Gibson Medical Center facility does allow an “overnight shelter” but only as a “conditional use,” something the city is now pursuing by application. It is the City of Albuquerque Planning and Zoning Department that enforces the City’s Integrated Development Ordinance (IDO). The Planning Department has within it a Zoning Hearing Examiner (ZHE) filing and adjudication process.

The Zoning Hearing Examiner conducts monthly quasi-judicial public hearings regarding special exceptions to the Integrated Development Ordinance. Once application for a zone change or special use is made, the city must give notice to all surrounding neighborhood associations, residents and business owners and conduct hearings.

The City’s “Comprehensive City Zoning Code defines CONDITIONAL USE as follows:

“One of those uses enumerated as conditional uses in a given zone. Such uses require individual approval on a given lot.

(a) Will not be injurious to the adjacent property, the neighborhood, or the community;
(b) Will not be significantly damaged by surrounding structures or activities.”

https://www.cabq.gov/planning/documents/ZHEConditionalUse.pdf

The Zoning Hearing Officer makes the decision to approve or disapprove the conditional use. The decision of the Zoning Officer can be appealed to “Land Use Planning, and Zoning Committee” (LUPZ). The LUPZ is a committee of 5 made up of city residents appointed by the Mayor who volunteer their time. Their decisions are subject to appeal to the City Council.

KELLER ABANDONS SINGLE GATEWAY CENTER CONCEPT

It was on Wednesday, May 7, 2020, Mayor Tim Keller said that the city was abandoning the development concept of a single, 300-bed homeless shelter. The city owned shelter was intended to assist an estimated 300 homeless residents and connect them to other services intended to help secure permanent housing. The new facility would have served all populations of men, women, and families. Further, the city wanted to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

In his May 7 announcement, Keller said the city would be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”. Keller said the corona virus crisis has highlighted the need for an alternative to the city’s existing shelter, which is the former jail 20 miles from downtown. :

The link to the press conference is here:

https://www.facebook.com/MayorKeller/videos/290814465247439/UzpfSTEwNTQ4MTY4OTY6MTAyMjAwNDA5NDYxMDgwMTQ/

MULTI-SITE APPROACH

When the city abandoned plans to build one large homeless shelter, city officials said the new multi-site approach could mean a series of “smaller facilities” throughout the community. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center.
City Family and Community Services Director Carol Pierce offered insight into what the city means when it refers to small shelters and had this to say:

“We’re often talking 100 to 150 beds of emergency shelter that could be defined as a smaller shelter.”

City officials have also said the tentative strategy includes 150 to 175 standard shelter beds to accommodate men, women and families, plus 25 to 50 medical recovery beds.
Critics are saying 150-175 beds is way too big.

COMMENTARY AND ANALYSIS

The single most glaring shortcoming of the Gibson Gateway Operations Plan is that it avoids answering the most contentious question of the number of beds the shelter will have and the number of homeless it will accommodate on a nightly basis once the remodeling is complete. The Gibson Gateway facility already has a 201-bed capacity and the massive 572,000-square-foot complex could easily be remodeled to accommodate 99 more bed capacity to reach the original 300 facility Mayor Keller wanted.

According to Family and Community Service Director Carol Pearce, the Gibson Gateway shelter will ultimately be just “a slice” of the facility. Pearce has noted that existing mental health care and counseling provider tenants are already on the property that currently occupy about a quarter of the square footage with the city is looking to recruit more.

Lisa Huval, Albuquerque’s deputy director for housing and homelessness said the city should have a number by the time of the conditional use hearing and said the city is still reviewing a consultant’s report and continuing their own research .

Huval has said:

“We know we owe the community an answer on [how many homeless will be sheltered] … we are still in the process of evaluating what the right bed capacity is for the Gateway Center” .

https://www.abqjournal.com/2416213/city-releases-draft-operating-plan-for-gateway-center.html

A failure to disclose the number of beds the shelter will have and sticking with that number after the conditional use is granted will likely result in mistrust and resentment by the surrounding neighborhood and cause extreme hostility. You can expect that the September 21 Conditional Use Application hearing will be contentious, mainly because Mayor Keller has given mixed messages on what he really wants ultimately and as he failed to work with the surrounding neighborhoods. When Mayor Keller says “One Albquerque” he needs to add “under Keller.”

The link to a related blog article is here:

Neighborhood Protests Erupt After Mayor Keller Announces Gibson Medical Facility For Gateway Homeless Shelter; Area Residents Say Keller Gave Them “Middle Finger” When They Asked To Give Input After $15 Million Purchase

On Friday, August 27, Santa Fe District Judge Bryan Biedscheid reversed Albuquerque City Clerk Nathan Watson’s decision denying Sheriff Manuel Gonzales $661,000 in public financing for his mayoral campaign. The Court ruled that Watson denied Gonzales due process of law. Santa Fe District Judge Bryan Biedscheid was assigned the case by the New Mexico Supreme Court after virtually all 2nd Judicial District Court Judges for Bernalillo County recused themselves from hearing the case.

In making the ruling, Judge Biedscheid emphasized that Gonzales was denied the opportunity to answer the allegations of fraud against him in the collection of the $5 qualifying donations for public finance. Instead, the City Clerk decided to withhold certification of the funding unilaterally by interpreting and applying election rules and regulations he wrote an issued in September of 2020.

The Judge also ruled the city clerk could ultimately deny Gonzales the public financing, but to do so, the City Clerk will need to determine that Gonzales has been found to have violated regulations and make specific factual findings on those allegations. The judge further ordered the City Clerk must establish and carry out a process by next week giving Gonzales due process. The judge stressed that Gonzales has to be given the opportunity to answer the allegations against him.

In his ruling, Biedscheid announced from the bench after the hearing:

“At the very least, the candidate needs to be informed of the allegations against him or her; the candidate needs to receive an adequate explanation of the evidence against him or her, and the candidate needs to have an adequate opportunity to explain his or her position. The court understands none of that was afforded in this matter.

If the clerk does not find that Sheriff Gonzales has been found to have committed the [violations he is accused of] in a proceeding that afforded him due process or does not elect to set forth a proceeding to provide that due process on the time frame I just stated, then the clerk shall certify Sheriff Gonzales to receive public financing. ”

Judge Biedscheid gave City Clerk Watson a Monday, 5 p.m. deadline to decide which course to take. In a written statement, city clerk Ethan Watson had this to say:

“We appreciate the court’s ruling and the procedural guidance offered. We are deciding the steps forward for next week.”

Links to news sources and quotes are here:

https://www.abqjournal.com/2423790/ethics-board-rules-against-gonzales-fines-him-500.html

https://www.kob.com/albuquerque-news/judge-reverses-city-clerks-decision-to-deny-public-financing-to-sheriff-gonzales/6220075/?cat=500

https://www.koat.com/article/judge-reverses-city-clerks-decision-denying-sheriff-manny-gonzales-public-financing/37419457

https://www.newsbreak.com/news/2354357099318/judge-reverses-city-clerk-s-decision-denying-sheriff-manny-gonzales-public-financing

https://www.abqjournal.com/2423790/ethics-board-rules-against-gonzales-fines-him-500.html

EVIDENCE RELIED UPON BY CITY CLERK WATSON

The Keller campaign submitted to the City Clerk 149 examples of alleged forgeries on documents submitted to the City Clerk. The Keller campaign also filed signed statements from upwards of 40 people contacted by a private investigator hired by Keller campaign. Most of those contacted said the signatures on Gonzales’ nominating petition was theirs and half confirmed they had contributed $5 to Gonzales’ public financing effort. Nearly all said signatures on the $5 public finance receipts were not their legitimate signature.

The Gonzales campaign denied all wrongdoing and accused the city clerk of trying to “silence the political opposition.” The Gonzales campaign said that Gonzales submitted hundreds more $5 contributions than necessary to qualify for public financing, and the ethics complaints involve what it deemed a “small handful of alleged invalid” contributions.

The links to quoted news source material are here:

https://www.abqjournal.com/2407951/gonzales-bid-for-public-financing-denied.html

https://www.kob.com/new-mexico-news/city-clerk-blocks-manny-gonzales-bid-for-public-financing-following-fraud-forgery-claims/6166686/?cat=500

https://www.koat.com/article/sheriff-manny-gonzales-denied-campaign-financing-for-mayor/36986156

It was on June 18 that City Clerk Ethan Watson posted on the city web site his office had reviewed and verified that Gonzales submitted more than the required 3,000 signatures and more than the 3,771 qualifying donations. At issue is whether the City Clerk had the authority to deny public financing after the City Clerk found and posted that enough $5 donations were submitted ostensibly without fraud nor forgeries and before there is a decision made by the City Board of Elections and Campaign Practices as to any fraud.

Complicating things for Gonzales is he admitted that signature forgeries were on both nominating petitions and the $5.00 qualifying donations. On July 14, after repeated denials of any wrong doing by the Gonzales campaign, and in a written response to an ethics complaint filed with the Board of Ethics and Campaign Practices, Gonzales’ campaign stated.

“It does appear, upon the Gonzales campaign’s own investigation, that many of the qualifying-contribution (“QC”) receipts…were signed by someone other than the voter.”

In his letter to the Gonzales campaign deny certification for public finance, City Clerk Ethan Watson stated:

“This office cannot provide that certification because…documents presented to my Office show different signatures for the same voters on different official documents in possible violation of numerous provisions of our regulations and other laws.”

https://abq.news/2021/07/manny-gonzales-mayoral-campaign-admits-to-forgery-of-voter-signatures/

On the same day Watson denied Gonzales’ certification for public financing, he certified Mayor Tim Keller’s campaign having qualified for the public financing. The Keller campaign received the money more than a month ago.

CITY RULES AND REGULATIONS GIVING CITY CLERK AUTHORITY NOT TO CERTIFY

On September 21, 2020 and October 2, 2020, City Clerk Ethan Watson and the Chief Administrative Officer Sarita Nair, respectively, sign off on regulations for the City Clerk to administer the “Open and Ethical Elections Code” (OEEC) for the 2021 municipal elections.

The link to those regulations is here:

https://www.cabq.gov/vote/documents/2021-regulations-for-the-open-and-ethical-election-code.pdf

It is PART C of the regulations entitled QUALIFYING PERIOD AND QUALIFYING CONTRIBUTIONS that outlines the certification process relating to the $5 qualifying donations for all the candidates.

Paragraph 15 entitled “Certification of Participating Candidates for Public Financing” provides in part as follows:

“The City Clerk shall certify as a Participating Candidate, all Applicant Candidates who meet the requirements of the OEEC and submit an Application for Certification.

c. An Applicant Candidate whose certification has been denied may appeal the Clerk’s determination [within 3 business days.]

BOARD OF ETHICS AND CAMPAIGN PRACTICES RULING

Judge Biedscheid’s afternoon ruling was made within hours after a separate proceeding before the city of Albuquerque’s Board of Ethics and Campaign Practices. The Ethics Board ruled unanimously to fine Gonzales $500 for violating rules in his public financing qualifying bid. It is unclear if the Ethics Board hearing, ruling and fine can be considered as meeting Biedscheid’s requirement that Gonzales have due process.

The Keller for Mayor campaign has filed two ethics complaints against Gonzales. They allege widespread fraud and forgery. Gonzales’ campaign is accused of forging the names of more than 140 registered voters to secure public financing or providing the $5.00 qualifying donations.

The first ethics complaint includes a written statement from a voter who said Gonzales told him he did not have to submit a $5 contribution and that his campaign would pay. Gonzales for his part adamantly denies the allegation. This is the complaint that was decided by the Ethics Board on Friday, August 27.

The second ethics complaint alleges Gonzales’ campaign volunteers forged voter signatures on qualifying public finance receipts. The complaint cites disparities between signatures on $5 contribution receipts and the same voters’ signatures from other places, including on nominating petitions to get Gonzales’ name on the ballot. The second ethics complaint still pending before the Ethics Board

COMMENTARY AND ANALYSIS

WHAT A MESS!

At first blush, it appears that the City Clerk does indeed have authority to deny Gonzales the $661,000 in public finance. The rules and regulations for the election say the city clerk shall determine whether the candidate has “been found to have made a materially false statement in a report … submitted to the City Clerk” and “been found to have submitted any fraudulent Qualifying Contributions or any falsified acknowledgement forms for Qualifying Contributions or Seed Money Contributions.”

The rules are also clear “if the Clerk makes any of the findings … the Clerk shall not certify the Applicant Candidate as a Participating Candidate.”

The problem is that City Clerk Watson made his decision without any public hearing giving Gonzales an opportunity to be heard and challenge the allegations. In law school, the class would be called “Due Process 101”. As experienced attorneys, City Clerk Ethan Watson and Chief Administrative Officer Sarita Nair should have known better to allow a unilateral disqualification of $661,000 public financing after the candidate had submitted more than enough qualifying $5.00 donations. Now the City is stuck with an order to set and establish a process by Monday, August 30. In doing so, it is more likely than not the Gonzales campaign will seek to have Watson disqualified from the case based on prejudice and failure to be fair and impartial with Watson having already decided to refuse certification before without an opportunity to be heard nor a hearing.

The best option for the City, the City Clerk and the Gonzales campaign is to seek an emergency hearing on Monday, August 30, and request Judge Biedscheid to disqualify and prohibit City Clerk Ethan Watson from taking any further action. The parties should ask the Court to delegate and assign the case to the Board Of Ethics And Campaign Practices and to conduct a hearing within 5 days affording due process of law to Gonzales and allow the Ethics Board to rule on the one pending ethics case against Gonzales and also to decide if Gonzales should be certified for public finance or fined.

Still another option for the parties would be a Stipulated Order between the parties to be signed by Judge Biedscheid disqualifying City Clerk Ethan Watson from taking any further action and enter an order to the city Board Of Ethics And Campaign Practices allowing the Ethics Board to rule on the one pending ethics case against Gonzales and also to decide if Gonzales should be certified for public finance, fined or reprimanded or any other remedy.

In the aftermath of the 4 APD offers who were shot by a violent felon on probation out of California, APOA Union President Shaun Willoughby was interviewed by virtually all the local news stations and the Albuquerque Journal and asked why he felt the shooting happened. On Friday, August 20, Willoughby was quoted as saying:

“It’s officers that are hesitating to do their job because they don’t want to get in trouble … It’s the brazen acts of criminals that know that Albuquerque police officers are handcuffed … We have stepped away and de-policed this city. From the very beginning our officers are carrying a card of misdemeanors that they’re not supposed to arrest on.”

The link to the quoted news source material is here:

https://www.abqjournal.com/2421142/california-man-charged-in-shooting-of-apd-officers.html

In an interview with KOB 4, Police Union President Shaun Willoughby said increases in deadly situations involving police, such as what happened to the 4 APD officers, is frustrating and angers his union membership. He also increased his false political rhetoric laying blame for the violent crime in the city and said:

“We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

Willoughby added that over the years laws passed through the legislature have prevented officers from not only doing their jobs but have led to dozens of officers quitting.

https://www.kob.com/albuquerque-news/police-officers-association-demands-change-following-shooting-that-left-4-officers-injured/6213550/?fbclid=IwAR0sXEzSZcF0KVwlVL3o1Fa4KjXfNcV15yEgC4IxYJ-N67TvAwlDz_X-aQE#.YSALBrgluvs.facebook

SPECIAL ORDER 17-53 AND SOP 2-80

When Willoughby claims “officers carry around a little card with a list of misdemeanors that they can’t even arrest people on” he ostensibly is referring to a May 10, 2018 Special Order 17-53 as well as SOP 2-80. (Standard Operating Procedure)

On May 10, 2018, in a memo addressed to all sworn APD personnel by then APD Chief Gorden Eden issued Department Special Order 17-53. The Special-Order states that

“[A]ll officers shall issue citations when appropriate in lieu of arrests on non-violent misdemeanor offenses. … “officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses when there are no circumstances necessitating an arrest.”

Special Order 17-53 was then made into SOP 2-80 that deals with arrests of “Felony Arrest Authority” and “Misdemeanor Arrest Authority” SOP 2-80 is very succinct and provides as follows:

“2-80 ARRESTS, ARREST WARRANTS AND BOOKING PROCEDURES

2-80-1 Policy Department policy is to arrest a felony violator of laws which its officers are empowered to enforce. Officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses (not to include DWIs) when there are no circumstances necessitating an arrest. In all cases, officers shall follow correct legal procedures required in arresting, booking, and filing charges against such violators.

2-80-2 Rules Procedures

A. Felony Arrest Authority.

1. Felony arrests may be made through the authority of a warrant, or on probable cause when there are exigent circumstances preventing the officer from obtaining a warrant. (State v. Panaanan, 2015 NMSC 031, 357 P.3d 958)

2. Probable cause arrests may be made for all felonies when there are exigent circumstances preventing the officer from obtaining a warrant.

3. Exigent circumstances include emergency situations requiring swift action:

a. to prevent imminent danger to life or serious damage to property; or

b. to forestall the imminent escape of a suspect; or

c. to forestall potential destruction of evidence; or

d. an exigency may also exist where it is not reasonably practical to secure a warrant under the circumstances, such as where the additional time to obtain a warrant makes it impractical.

4. The New Mexico Supreme Court has held that “exigency will be presumed” where an officer observes the commission of a felony, without reference to imminent danger, escape, or destruction of evidence, and that an on-the-scene arrest supported by probable cause will usually supply the requisite exigency.

a. However, an officer must obtain a felony arrest warrant if there is ample time to do so before making the arrest, provided that there is no concern that the additional time to secure an arrest warrant may result in failing to prevent imminent danger to life or serious damage to property, forestalling the imminent escape of a suspect, or the potential destruction of evidence.

b. Examples of situations when felony arrests require an arrest warrant include:

6. For those felony offenses that do not fall within the above listed categories, an officer when deciding whether to effect an arrest or to merely submit the case for indictment consideration may make a probable cause felony arrest when probable cause clearly exists, under the following circumstances:

a. When the offender has no community ties to the Albuquerque metropolitan area, e.g. transient, out of town resident, etc.; or

b. When one or more prior felonies or multiple offenses have been committed by the offender; or

c. When the arrest is approved by a supervisor based on extenuating circumstances; and d. One or more exigent circumstance as described under A. 3 (1) through (4) above must be present.

B. Petty Misdemeanor/Misdemeanor Arrest Authority

1. Officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses (not to include DWIs) when there are no circumstances necessitating an arrest. Whether or not the person has a permanent address may not be the sole factor in determining to arrest the person rather than issuing a citation. If the officer issues a non-traffic citation, the officer must complete an incident report. If an arrest is necessary, the officer will include the reason in the narrative of the corresponding incident report.

2. When exigent circumstances justify the arrest.

C. Use of the Metropolitan Court Bonding Window

1. Officers will use the bonding window at Metropolitan Court located at 401 Lomas Blvd. NW to post a bond, pay a fine, or to resolve or quash a warrant in lieu of taking an arrested person to the Prisoner Transport Center (PTC) or the Metropolitan Detention Center (MDC) when feasible.

2. The outdoor walk-up bonding window is located on the building’s south side. The bonding window closes for a brief time at the end of each shift (currently, from 6:00 a.m.-7:00 a.m., 2:00 p.m.-3:00 p.m., 10:00 p.m.-12:00 a.m.)

3. Officers can take an arrested person to the bonding window whenever they are arresting such individual for lower-level warrants, such as for traffic or petty misdemeanor charges. This allows the person to pay fines or post a bond without having to be booked into MDC.

4. The bonding window will accept all misdemeanor warrants including out-of-county warrants.

5. The bonding window does not deal with felony charges or cases.

6. The bonding window accepts cash only – credit cards, debit cards or checks are not accepted.

7. The person will be required to pay the full amount of a cash or surety bond at the bonding window. This means that the person cannot go through a bonding agency to pay ten percent (10%) of the bond at the bonding window.

8. Officers should check to see if the person has cash before taking that person to the bonding window. Officers should not wait for the person to get money from a friend, relative or acquaintance.

9. Metropolitan Court requests officers to have their agencies fax the warrant to the bonding window prior to arriving with the person.

10.Once the person completes the transaction at the bonding window, the officer may take that person back to their previous location if time or the situation permits.”

APD publishes on line all the departments Standard Operating Procedures (SOP). The link is here:

https://documents.cabq.gov/police/standard-operating-procedures/2-80-arrests-arrest-warrants-and-booking-procedures.pdf

The misdemeanor offenses affected by the special order include criminal trespass, criminal damage to property under $1,000, shoplifting under $500, shoplifting under $250, prostitution, and receiving or possessing stolen property under $100. Because of the court order, the policy remains in place to this day.

The SOP 2-80 makes it clear that any APD officer may make an arrest if it is necessary, but will have to include the reasons why in an incident report. SOP 2-80 also makes it clear officers can take offenders wanted for non-violent misdemeanor offenses to Metropolitan Court to resolve warrants or fines instead of hauling them off to jail. A caveat is that the arrested individual must have the full amount of the fine or bond in cash. Those arrested also cannot go through a bonding agency.

At the time the Special Order was issued, City and police officials pointed out that it made no changes to police policy. APD Chief Jerry Galvin in 2001 issued a similar order, and since then department policy has been to advise officers to issue citations for such crimes where they deem it appropriate, and officers have discretion in deciding when to arrest someone. According to then City Attorney Jessica Hernandez:

“If there is any part of a situation that makes an officer think an arrest is warranted, they’ll make the arrest.”

At the time the special order was issued, then Assistant Chief Robert Huntsman also issued a statement to clarify the policy and said:

“This order in no way restricts officers’ discretion to make arrests when necessary to protect the public. Citations have always been an available option for certain non-violent misdemeanor offenses. This special order and video remind officers to issue citations ‘when appropriate’ and ‘when there are no circumstances necessitating an arrest.’ We are still aggressively pursuing repeat offenders, and this order does not change an officer’s ability to arrest.”

APD further made it clear the order would not affect DWI arrests. The special order has enabled APD to dedicate resources to more serious felony offenses and violent crimes.
When the special order was first issued, Willoughby falsely proclaimed:

“The word ‘shall’ scares me a lot. In the past we could use our discretion when dealing with misdemeanor offenses. You’re basically telling the entire criminal element that police officers are further handcuffed. … It’s a weak policy. It’s bad for public safety and we’re all going to suffer from it. … [The special order] is the last thing Albuquerque and the community needs right now.

The link to quoted source material is here:

https://www.krqe.com/news/officers-to-issue-citations-instead-of-making-arrests-for-non-violent-misdemeanors/

https://www.koat.com/article/apd-no-longer-to-make-arrests-for-non-violent-misdemeanor-crimes/9662869

https://www.abqjournal.com/1006784/apd-citations-ok-for-some-crimes.html

THE REASON FOR THE POLICY

The new Special Order 17-53 and 2-80 were a result of the 20-plus year McClendon Lawsuit that was settled by United States Federal Judge. That lawsuit, filed against the City of Albuquerque and Bernalillo County by an inmate arrested for a non-violent misdemeanor, primarily focused on the conditions within the City/County lockup.

At the time the lawsuit was filed, the then Bernalillo County detention center had a maximum capacity of 800, but the jail was repeatedly overcrowded with as many as 1,400 inmates who were often doubled up and living conditions were abhorrent. The overcrowding became to bad that the federal court would hold weekly and monthly status conferences and order the release of none violent defendants to reduce the overcrowding.

COMMUNITY POLICING COUNSELS (CPCs)

On April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18-month civil rights investigation of the Albuquerque Police Department (APD).

You can read the entire report here.

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD. The DOJ investigation “determined that structural and systemic deficiencies — including insufficient oversight, inadequate training, and ineffective policies … .”

It was in November 2014, that the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA). The link to the CASA is here:

https://www.cabq.gov/mental-health-response-advisory-committee/documents/court-approved-settlement-agreement-final.pdf

The federal Court Approved Settlement Agreement (CASA) contains 271 mandated reforms. One of the deficiencies addressed was APD’s failure to interact with the community stakeholders. The CASA mandated the creation of Community Policing Councils in all area commands.

The goal of each Community Policing Council is to engage in candid, detailed and meaningful dialogue between Albuquerque Police and the citizens they serve. Councils are independent from the City and Department. They are encouraged to formally recommend changes to Albuquerque Police Department policies and procedures. They are also asked to make recommendations and identify concerns, problems, successes and opportunities within each area command and for the department as a whole.

Each of the six Community Policing Councils is composed of members from the community and voting members. Voting members must reside within or have businesses within the boundaries of their area command.

https://www.cabq.gov/cpoa/community-policing-council

2022 ADOPTED APD BUDGET CONTAINS TOTAL ARRESTS FOR 2019 AND 2020

The City’s 2022 adopted budget for APD on page 151 contains APD’s arrests statistics for 2019 and 2020. APD’s budget is a peformance based budget and the department is required to submit a number of statistics to justify its budget. Arrest numbers for felonies, misdemeanors as well as DWI are revealed in the budget. APD’s budget also outlines full time personnel and breaks it down between sworn and civilian employees.

The link to the budget is here:

https://documents.cabq.gov/budget/fy-22-proposed-budget.pdf

Following is the breakdown of arrest for the years 2019 and 2020:

NUMBER OF FELONY ARRESTS:

2019: 10,945
2020: 6,621 (DOWN 39.51%

NUMBER OF MISDEMEANOR ARRESTS

2019: 19,440
2020: 16,520 (DOWN 15%)

NUMBER OF DWI ARRESTS

2019: 1,788
2020: 1,230 (DOWN 26%)

(2022 APD Budget, page 151)

TOTAL NUMBER OF ARRESTS FOR 2019: 32,173
TOTAL NUMBER OF ARREST FOR 2020: 24,371
DOWN 25%

APD SWORN PERSONNEL FOR 2019 AND 2020

According to APD’s approved 2021-2022 budget, in 2019 APD had 924 full time police. In 2020 APD had 1,004 sworn police or 80 more sworn in 2020 than in 2019, yet arrests went down during the first year of the pandemic and crime rates continued to rise.

APD SWORN PERSONNEL FOR 2019 AND 2020

According to APD’s approved 2021-2022 budget, in 2019 APD had 924 full time police. In 2020 APD had 1,004 sworn police or 80 more sworn in 2020 than in 2019, yet arrests went down during the first year of the pandemic.

VIOLENT CRIME

In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes, 3,885 Aggravated Assaults and 491 Non-Fatal Shootings. In 2019, the category of “Violent Crimes” was replaced with the category of “Crimes Against Persons” and the category includes homicide, human trafficking, kidnapping and assault. In 2019 during Keller’s second full year in office, Crimes Against Persons increased from 14,845 to 14,971, or a 1% increase. The Crimes Against Person category had the biggest rises in Aggravated Assaults increasing from 5,179 to 5,397.

https://www.petedinelli.com/2021/06/04/mayor-keller-and-apd-chief-medina-embellish-success-of-violence-intervention-program-apds-arrest-numbers-drop-by-7-802-in-2020-compared-to-2019-apd-under-performs-statistically-even-w/

READERS RESPOND TO BLOG ARTICLE

On August 25, 2021, the blog article “APD Police Union President Willoughby “Gaslights” And Falsely Shouts Fire In A Crowded Theater To Promote His Big Lies” was posted

The link to the article is here:

https://www.petedinelli.com/2021/08/25/the-4-apd-police-officers-injured-in-line-of-duty-served-the-city-with-distinction-and-honor-apd-police-union-president-willoughby-gaslights-and-falsely-shouts-fire-in-a-crowed-th/

On August 25, 2021, one reader who is a member of a Community Policing Counsel sent an email expressing concern over the blog article’s content. The person addressed the conduct of the police union president. A second email raised the issue that police officers are giving excuses not to make misdemeanor arrests. Following are both emails with identities kept confidential for privacy reasons and to allow publication on this blog article without fear of any reprisal:

FIRST READER INPUT

“ … I have attended the court hearings both in-person and virtually … My feeling is that there is still a substantial degree of “delay, deny, and deflect” among police brass, with most of that seeming to be located at headquarters.

Our CPC hears many concerns and issues in the course of our volunteer efforts… but we don’t hear persistent complaints about “cops”. It is situations, conditions, and trends that concern people, and that’s where we place our emphasis – on things that need to be changed and improved to support our police and to make life better in all the neighborhoods of our city.”

SECOND READER

Another reader wrote, quoted and took issue with the following blog commentary:

“It was simply false and misleading for Willoughby to say that officers lost the discretion when dealing with misdemeanor offenses. The truth is and has always been APD police officers have the discretion to make arrests when they deem it necessary. For the past 4 years, the special order has enabled APD to dedicate resources to more serious felony offenses and violent crimes.”

The reader wrote:

“I don’t believe this is entirely true for misdemeanors since every police officer on the beat MUST call his supervisor for approval before making a non-threatening or life-concerning arrest on the street.

I talked to 4 beat officers [in an area command] … even the Lieutenant [and they] say they must have approval from their supervisor before making a misdemeanor arrest without threat of bodily harm. I’m just telling you what they are saying they do currently (as of 2 weeks ago). Maybe someone should tell them that that is NOT the policy or the protocol.”

COMMENTARY AND ANALYSIS

The comments offered by both readers are very disturbing and are a reflection of a police depart that many rank and file do not want to do their jobs and that excuses are being made by them to members of the CPCs.

In a revealing March 28, 2021 letter to the Albuquerque Journal a decade long retired APD Area Commander had this to say in part:

“Crime is up and directly related to the settlement agreement, an absurd use-of-force policy and the required investigations. These decrees can last for a decade or more. Seattle and Portland have been under one since 2012, Detroit since 2003. Crime escalates wherever they are implemented. The monitor has every financial reason to prolong this decree while he drains our coffers.
…
I believe I can speak for an overwhelming number of retired/former officers when I say this entire mess, settlement agreement/dual leadership is an unmitigated disaster that was preventable. We arrived here by the political inactions and lack of courage by our mayors and councils. They should have been the oversight when the chain of command faltered.”

The comments written by the former commander are nothing more than a pathetic attempt to undercut and discredit the need for the reforms and deflect the blame where it belongs: APD management, the union and rank and file police.

Based on the statistics for the budget years of 2019 and 2020, a very strong argument can be made is that crime is up because APD is not doing its job and arresting people as reflected in the statistics that arrests for both felony and misdemeanor offenses are down dramatically. APD statistics for the budget years of 2019 and 2020 reflect the department 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%. In 2019 APD had 924 full time police. In 2020, APD had 1,004 sworn police or 80 more sworn in 2020 than in 2019, yet arrests went down during the first year of the pandemic. APD’s homicide unit has an anemic clearance rate of 36%. The police union falsely proclaims officer’s hands are tied by the DOJ reforms and are afraid of doing their jobs for fear of being disciplined.

The Court Approved Settlement Agreement was indeed preventable had APD in fact followed constitutional policing practices in the first place. It had nothing to do with “politically correct politicians” throwing APD under the bus. It was APD that brought the DOJ here in the first place and mandated the Federal Court to come down on it.

DERELICTION OF DUTY

It is totally unacceptable that any APD police officer would ever give the excuse that they cannot make a misdemeanor arrest that occurs in their presence. It also unacceptable that any police officer would say they need get authorization from a superior to make a misdemeanor arrest. A confidential source within APD reveals that there are no written policies that police officers below the rank Sergeant must get authorization to make a misdemeanor arrest. The source did say that police are simply no longer making misdemeanor arrests. What is disturbing is that the police union president repeatedly parrots that APD officers feel their hands are tied and they are afraid to do their job for fear of being disciplined or that the DOJ reforms are the cause of the city’s high crime rates and officers being shot.

To be blunt, if any police officer does not want to do their job, refuse to make misdemeanor arrests, and for that matter violent crime arrests, committed in their presence and or follow SOP 2-80, they are derelict in performing their jobs and are part of the problem and need to leave APD or find another line of work. Same goes for police officers who do not want to follow constitutional policing practices as mandated by the consent decree.

The problem always has been and continues to be that APD management, the police union and its membership have not fully embraced the reforms. In fact, 3 Chiefs have resisted the reforms from time to time, at different times, as has been repeatedly documented by the federal monitor in at least 4 reports over the last 3 years.

Mayor Tim Keller and his second appointed Chief Harold Medina are also in dereliction of their duty to protect the community if they allow any police officer to give the excuse not to make misdemeanor arrest, say their hands are tied or saying they are afraid to make an arrest and that they need to get the permission of a superior.