Disbanding entire police departments has happened before in the United States cities. In 2012, with crime rampant in Camden, New Jersey, the city disbanded its entire police department and replaced it with a new force that covered Camden County. Compton, California, took the same step in 2000, shifting its policing to Los Angeles County.

On Jun 15, 2020, in response to the murder of African American George Floyd by a police officer, the Minneapolis City Council unanimously passed a resolution intending to disband their police department and create a new model of public safety. The resolution states the council will start the year-long process of research and community engagement to discover a replacement. the Minneapolis 2020 budget allocated $193 million to its police department, which the resolution said was more than double the amount allocated for affordable housing and violence prevention. The city’s total adopted budget was about $1.5 billion.

The same thing needs to happen in Albuquerque and Bernalillo County. It needs to done by the New Mexico Legislature with the creation of Albuquerque-Bernalillo County Police Authority (ABBCO Police Authority). If the legislature won’t to it, the Bernalillo County Commission and the City Council can do it with the negotiation of a “memorandum of understanding” or a consolidation contract. Such an action is ripe for implementation because of, and would take advantage of, the “defund the police” movement.

MEANING OF “DEFUND THE POLICE”

A Black Lives Movement is now sweeping cities across the country. It is referred to as “defund the police” and is not what it sounds like. The movement has emerged in the wake of the killing of African American George Floyd, 46, who was killed by Minneapolis police officer who knelt on Floyd’s neck to subdue him. “Defund the Police” can be defined in simple terms as meaning taking funding away from police forces and invest or reallocate those funds into social programs to address the real causes of crime.

Advocates of “Defund the Police” insist that it is not about eliminating police departments or stripping police agencies of all of their money. What they do say is that it is time for the country to address systemic problems in policing in America and spend more on what communities across the United States need such as housing, education and economic development and job growth.

The “defund the police” movement can be defined in simple terms as meaning taking funding away from police forces and invest or reallocate those funds into social programs to address the real causes of crime. Patrisse Cullors, a co-founder of the Black Lives Matter movement put it this way:

Advocates of “Defund the Police” insist that it is not about eliminating police departments or stripping police agencies of all of their money. What they do say is that it is time for the country to address systemic problems in policing in America and spend more on what communities across the United States need such as housing, education and economic development and job growth.

Patrisse Cullors, a co-founder of the Black Lives Matter movement, pu it this way:

“It’s not just about taking away money from the police, it’s about reinvesting those dollars into [minority] communities. Communities that have been deeply divested from, communities that, some have never felt the impact of having true resources. And so we have to reconsider what we’re resourcing. I’ve been saying we have an economy of punishment over an economy of care.”
Links to related news coverage is here:

https://www.usatoday.com/story/news/nation/2020/06/08/what-does-defund-police-mean-george-floyd-black-lives-matter/5317240002/

https://hosted.ap.org/dailytimes/article/157539e98d2b6a546ca5ecdf4f88f098/when-protesters-cry-defund-police-what-does-it-mean

OPTIONS TO COMBINE POLICE SERVICES

In May 2003, the International Association of Chiefs of Police released a planning approach for the consolidation of police services. Although the report was released in 2003, it is still used by researchers as a major reference on the options available to deliver law enforcement services to communities. A few edited portions of the report are worth quoting:

“Consolidation can be an appealing idea for many reasons … . Jurisdictions undertaking consolidation activities may anticipate an outcome that will produce a higher volume of police services, lower response time, reduce overtime, duplication of effort, and lower overall operating costs. Consolidation proponents also assume increased agency status, resources, and capacity.

a) senior, supervisory, and line officers alike may be threatened by consolidation and aggressively resist change;
b) consolidation is likely to increase costs, particularly because of the start-up costs of reorganization, planning, and standardizing equipment, and possible need for a new building to house the combined agencies; and
c) officers in line for promotion or advanced assignment in one agency may find they are outranked for these opportunities by their peers in the other agency.”

https://it.ojp.gov/documents/IACP_Consolidating_Police_Services.pdf

LARGE v. MEDIUM

Large regional area agencies are a rarity. Consolidation involving the total merger of two or more police departments has proven to be problematic and have not lived up to expectations.

Outdated research from the University of Indiana (1976) suggested that there is no evidence that large departments are more effective or more efficient. But with the passage of time , this is no longer a major problem because advances in forensics, science and technology and communications system.

Another criticism of large departments is that they often lose personal contact with their communities tending to severely reduce citizen willingness to cooperate with police. In response to this, community base policing began to take hold in the 1990’s which encourages more interaction and involvement with the communities served. Decentralization of police field services in an effort to reestablish community contact became a trend. Decentralization is one of the major reasons Albuquerque has six area commands with 3 shifts of police officers known as “field services.” The Bernalillo County Sheriff’s Office also has 3 separate area command.

The most common approach to consolidations involves support functions, such as communications, forensic services, planning, training, and records keeping. What is very common is that larger law enforcement departments contracts to provide these services to smaller surrounding departments. The advantage of partial consolidation is that it does not seriously affecting the independence of local departments while still enabling them to benefit from a wide array of back-up services to increase their effectiveness.

https://www.ncjrs.gov/pdffiles1/Digitization/34700NCJRS.pdf

APD AND BCSO RESOURCES

When discussing any level of combining the functions of APD and BCSO, a review of both departments and how they are structured is in order. There are many similarities as well as overlap in services and duplication effort in a number of areas. There is also one single defining difference between the two law enforcement agencies. Bernalillo County is the most populous county in the State of New Mexico with approximately 750,000 residents. Bernalillo County encompasses the greater Albuquerque area. The entire area population essentially has two separate law enforcement agencies that overlap with law enforcement services. Duplication of effort is the norm and not the exception.

APD AND BCSO COMPARED IN A NUTSHELL

A quick comparison of both law enforcement departments is in order.

BUDGETS:

APD’s annual budget is $207,877,000

BCSO annual budget is $53,030,000 with a $4,509,000 Non-General fund budget.

FUNDING SOURCE AND TAXATION

The gross receipts tax revenues collected by the State and distributed to the City and Bernalillo County Governments are the number one funding source for essential services. The gross receipts tax rate for City of Albuquerque is 7.8750%. The gross receipts tax rate for all remaining taxing authority governments within Bernalillo County is 6.4375%.

APD is funded by the City Of Albuquerque general fund which derives its finances from gross receipts tax revenues, property taxes and general obligation bonds, with the primary source of revenue derived from city taxpayers who live, do business, work and own property within the city limits.

BCSO is funded by the Bernalillo County Commission which derives its finances from gross receipts tax revenues, property taxes and general obligation bonds, with the primary source of revenue derived from city and county taxpayers who live, work and own property, and do business in within the city and county.

City of Albuquerque resident and taxpayers are paying to fund both the APD and the BCSO, while Bernalillo County residents who do not reside in the city essentially pay only for BCSO.

STAFFING:

APD employs 980 full time sworn police, 640 assigned to field service and the others assigned to specialized units and command staff. Total staffing with civilian is approximately 1,400.

BCSO employs 300 sworn deputies, with 121 other staffing for a total of 421

AREA COMMANDS:

Both the APD and the BCSO main offices, housing thier respective high commands of Sheriff and Chief, are located in the same downtown office building.

APD has 6 area commands: Foothills Area Command, Northeast Area Command, Northwest Area Command, Southeast Area Command, Southwest Area Command,Valley Area Command.

BCSO has 3 area commands: The North Valley Area Command, The South Valley Area Command, The East Mountains Area Command

MAJOR DIVISIONS

APD has 5 major divisions or bureaus: Field Services Bureau, Investigative Bureau, The Compliance Bureau, The Administrative Support Bureau, The Support Services Bureau.

BCSO has 3 major divisions or bureaus: BCSO Administrative Services (ASD), Criminal Investigations (CID), BCSO Field Services (FSD), Criminal Investigations (CID).

INVESTIGATIONS

APD has 7 Detective Units: Violent Crime Unit (Armed Robbery, Homicide, Sex Crimes, Crimes Against Children), Property Crime Unit (Burglary, Auto Theft, White Collar Crimes) , Special Investigations Unit (Narcotics, Vice and Gangs), Crime Scene Investigations, Traffic Investigations (Motor Unit, DWI, Air Support), Tactical Unit (SWAT, K-9,, Mounted Horse Patrol, Bomb Squad) Training (Basic Training, Advance Training, Recruiting and Background)

BCSO has 5 Detective Units: Homicide and Violent Crimes Unit, Special Victims Unit, White Collar Crimes Unit, Auto Theft Unit, Property Crimes Unit

DETAILS OF APD MANAGEMENT, FUNDING AND STRUCTURE

Following is a breakdown of APD management, funding and structure:

APD Mission Statement:

The mission of the Albuquerque Police Department is to preserve the peace and protect our community through community-oriented policing, with fairness, integrity, pride and respect.

APD Vision Statement:

The Albuquerque Police Department envisions a safe, secure community where the rights, history and culture of each citizen is valued and respected. We will achieve this vision by pro-actively collaborating with the community to identify and solve public safety concerns and improve the quality of life in Albuquerque.

https://www.krqe.com/news/apd-rewrites-mission-vision-statement-with-community-input/#:~:text=Mission%20Statement,%2C%20integrity%2C%20pride%20and%20respect.

DETAILS OF APD STRUCTURE AND FUNDING

The Chief of the Albuquerque Police Department (APD) is appointed by the Mayor with approval of the City Council and serves at the pleasure of the Mayor. APD has 4 Deputy Chiefs who are at will employees and who are appointed by the Chief and the Chief and Deputy Chief’s in the Chain of Command also report to the Mayor.

The Albuquerque Police Department (APD ) has five major bureaus:

1. The Field Services Bureau
2. Investigative Bureau
3. The Compliance Bureau
4. The Administrative Support Bureau
5. The Support Services Bureau

Each bureau has a Deputy Chief appointed by the APD Chief of Police with the approval of the Mayor.

APD divides the city into six geographical areas called “area commands.” Each area command is managed by an APD Commander (formerly called Captains) and staffed with between 82 and 119 officers, depending on size of the area command and level of calls for service. All officers are dispatched through the police communications operators by calling (505) 242-COPS for non-emergency calls or 911 in an emergency.

https://www.cabq.gov/police/contact-the-police/area-commands

On August 1, 2019, the Albuquerque Police Department (APD) issued what it entitled “Staffing Snapshot” providing a report on the number of sworn police officers APD has and where they have been assigned.

According to the report, APD has a total of 972 sworn officers with 600 officers in the field patrolling 6 area commands and neighborhoods in 3 separate shifts. Last year’s 2018-2019 fiscal year budget provided for increasing APD funding from 1,000 sworn police to 1,040. This year’s 2019-2020 fiscal year budget has funding for 1,040 sworn police

Since December 1, 2017, APD has added 116 sworn police officers to the force. APD’s goal is to spend $88 million dollars starting in the 2018-2019 fiscal year, over a four-year period, with $32 million dollars of recurring expenditures, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers. The massive investment is being done to full fill Mayor Tim Keller’s 2017 campaign promise to increase the size of APD return to community-based policing as a means to reduce the city’s high crime rates and to implement the Department of Justice mandated reforms under the Court Approved Settlement Agreement (CASA).

APD 2020-2021 OPERATING BUDGET

On March 16, 2020, the Albuquerque City Council enacted the 2020-2021 Albuquerque Police Department (APD) “abbreviated” line item budget without any budget hearings:

ADMINISTRATIVE SUPPORT: $18,835,000. This funding is presumably for the Administrative Support Bureau which includes case management reports, clerical staff, the forensic lab and police dispatch (911).

INVESTIGATIVE SERVICES: $45,622,000. This funding is presumably for the Investigative Bureau and various specialized detective units.

NEIGHBORHOOD POLICING: $104,730,000. The funding is presumably for the Field Services Bureau and 640 sworn police, assigned to 3 shifts and the 6 area commands for community-based policing

OFF-DUTY POLICE OVERTIME: $2,225,000. This funding is to pay for police overtime and for years the actual funding has always exceeded budget and has approached $10 to $14 Million a year.

PRISONER TRANSPORT: $2,423,000. This funding is used to transport all arrestees to the Westside Jail and presumably part of the Support Services Bureau.

PROFESSIONAL ACCOUNTABILITY: $34,042,000. This funding is essentially funding for the Compliance Bureau and the 5 divisions it consists of and includes APD Academy training associated with the Department of Justice Consent Decree reforms and enforcement.

TOTAL APD OPERATING BUDGET: $207,877,000

DETAILS OF BCSO MANAGEMENT, FUNDING AND STRUCTURE

Following is a breakdwon of of BCSO management, funding and structure:

BCSO MISSION STATEMENT

The mission statement of the Bernalillo County Sheriff’s Office (BCSO) includes the protection of life and property, the resolution of conflict, creating and maintaining a feeling of security in the community, pro-actively reducing the opportunities for the commission of crime, identification, apprehension and prosecution of offenders of the laws and the preservation of peace. BCSO accepts as part of its mission the responsibility to provide for a quality of life in the community.

DETAILS OF BCSO STRUCTURE AND FUNDING

The Bernalillo County Government has a total adjusted budget of $713.5 million for fiscal year 2019-2020. The general fund comprises 47.4% of the total adjusted budget of $713.5. The non-general fund consists of restricted funds that are used for specific purposes. Public Safety represents 31% of the total county budget consisting of Emergency Communications, Fire and Rescue, Office of Emergency Management and Homeland Security, and the Adult and Juvenile Detention Centers.
The link to the Bernalillo County Budget is here:

https://www.bernco.gov/uploads/FileLinks/15af42e02f1f44668c58ac302354e09d/Budget_in_Brief_2019.pdf

The Bernalillo County Sherriff is a New Mexico Constitution created position. The Bernalillo County Sheriff and is an elected position and allows for 2 four-year terms. The current Bernalillo County Sheriff is Sheriff Manny Gonzales. Sherriff Gonzales was unanimously appointed Sheriff on November 30th, 2009 by the Bernalillo County Commission, when the sitting Sheriff resigned and Sheriff Gonzales subsequently ran and succeeded in being elected to two terms. Sheriff Gonzales began his career on August 14th, 1989. Over the span of twenty-four years, Sheriff Gonzales served in all divisions, commands, and shifts within the Bernalillo County Sheriff’s Department. He worked his way through the ranks of the department and was promoted to Sergeant, Lieutenant, and Captain.

The Bernalillo County Sheriff’s Office (BCSO) is a “full-service law enforcement agency”, responsible for the policing of the unincorporated Bernalillo County area. The elected Bernalillo County Sheriff and the Office is included in the Bernalillo County Government budget.

TOTAL BCSO OPERATING BUDGET AND PERSONNEL

The Bernalillo County Sheriff’s 2019-2020 Adjusted General Fund Budget was $53,030,000 with a $4,509,000 Non-General fund budget. According to 2019-2020 budget, the Sherriff has 421 full time positions. BCSO is staffed with just over 300 sworn law enforcement professionals.

DIVISIONS OF BCSO

BCSO is comprised of three major divisions, each offering a different service component of law enforcement. The divisions are:

BCSO ADMINISTRATIVE SERVICES (ASD)

Administrative Services (ASD) is the smallest division by work force within BCSO. The responsibility of the Administrative Services Division is widespread. Judicial Operations falls under the ASD, and they are not only responsible for the security of the District and Juvenile courthouses, but also responsible for the service of legal paperwork in regards to civil actions taken in court. In addition, the ASD oversees the BCSO academy and training divisions, including the civilian academy. ASD is also responsible for our new record management system, allowing BCSO to provide police report services to the public, separate from the Albuquerque Police Department.

CRIMINAL INVESTIGATIONS (CID)

Criminal Investigations (CID) is responsible for the follow up in investigations to a wide variety of crimes. It is in this division where detectives work to provide dedicated focus to solving crimes that have already occurred.

The Detective Units within CID are:

Homicide and Violent Crimes Unit
Special Victims Unit
White Collar Crimes Unit
Auto Theft Unit
Property Crimes Unit

Detectives working in CID report to their chain of command on the progress they make on their cases.

BCSO FIELD SERVICES (FSD)

The Field Services Division (FSD) is the largest of the three divisions within BCSO. The FSD provides the type of service most typically associated with uniformed service. Deputies assigned to FSD work in various assignments including patrol, DWI Unit, Traffic Investigations Unit (Motorcycles), K-9 and School Resource Officers.

BCSO is comprised of three area commands: The North Valley Area Command, The South Valley Area Command, The East Mountains Area Command.

Each of these area commands are overseen by a Captain and provide 24-hour service to the community with squads of deputies, reporting to a Sergeant and Lieutenant on each shift. These are the deputies that respond to calls for service when you call 911 or the non-emergency number (798-7000.)

http://www.bernalillocountysheriff.com/bernalillo-county-sheriff/divisions.aspx

DEFINING DIFFERENCE BETWEEN APD AND BCSO

When you examine the budgets and personnel of both APD and the BCSO, it is clear they both have the same mission statement, serve essentially the same constituency that funds both departments through taxation.

The biggest difference between APD and the BCSO is the extent of civilian control and oversight they have or do not have.

The APD Chief of Police is an appointed position and appointed by the Mayor, subject to city counsel approval, the Chief serves at the pleasure of the Mayor and in turn subject to civilian oversight. The Albuquerque City Counsel reviews and approves the APD budget.

The Sheriff is an elected official on equal footing to the County Commission. The Sheriff’s Office is a stand-alone department run by an elected official with very little or no civilian oversight except the Bernalillo County Commission has authority over budget. The Bernalillo County Sheriff is not subject to the management and control of the County Manager nor the County Commission. Other than budget matters, and the County Commission cannot dictate the law enforcement priorities and policies of the Sheriff. A good example of the County Commission unable to give directives to the Sheriff is mandating the use of lapel cameras.

COMMENTARY AND ANALYSIS

Proposing consolidation of Bernalillo County Government and the Albuquerque Municipal Government has been around for decades. In fact, it is controversial, has been voted on by voters and rejected by voters decades ago. Under existing law, consolidation of City and government is allowed only with voter approval and there has to be voter approval by both governments. Bernalillo County Government has consistently opposed such efforts as has Albuquerque City Hall.

It is easier to consolidate functions and services than entire governments. There has been a major success in consolidating government functions between Albuquerque and Bernalillo County that can be used as the approach to law enforcement. That success is the Albuquerque Bernalillo County Water Utility Authority (ABCWA). With an annual operating budget of more than $170 million, the Albuquerque Bernalillo County Water Utility Authority it is the largest water utility in New Mexico.

In January 2003, the New Mexico Legislature approved Senate Bill 887 which transferred the municipal Water and Wastewater Utility to the Albuquerque Bernalillo County Water Utility Authority (Water Authority). Senate Bill 887 became law in June 2003 (NMSA 1978 § 72-1-10).

In December 2003, the Water Authority, the City and County of Bernalillo entered into an operations and maintenance agreement to continue the day-to-day management of the water utility under the City. The Water Authority completed full transition of administering the water and wastewater utility in July 2007. During the 2005 New Mexico Legislative Session, Senate Bill 879 was passed which provided the Water Authority the statutory powers provided to all public water and wastewater utilities in the state.

The Water Authority has:

600 + employees
200,000 + customer accounts, representing some 606,780 water users
3,000 + miles of water supply pipeline
2,400 + miles of sewer collector pipeline
$5 billion + in assets

https://www.abcwua.org/Your_Water_Authority.aspx

CREATE ABBCO POLICE AUTHORITY

Throughout the country, the Black Lives Matter movement has changed dramatically how police are viewed and how law enforcement is funded and operated.

The approach taken by the New Mexico legislature creating the Albuquerque Bernalillo County Water Authority should be taken with defunding both the Albuquerque Police Department and the Bernalillo County Sheriff’s Department. Assets, personnel, units, office space, area commands, emergency operations dispatching and academy training can be combined and accomplished by ordinances adopted by both the City Council and the County Commission or through a negotiated Memorandum of Understanding (MOU). The New Mexico Legislature can enact enabling legislation that would include a constitutional amendment abolishing the Office of Sheriff for class “A” counties (counties with populations exceeding 500,000) and mandating the creation of ABQ-County Law enforcement authority.

A permanent dedicated funding source consisting of a combination of gross receipts tax and property tax taken from Municipal and County existing taxing authority would be transferred and authorized by the legislature to the authority. Municipal and County Law Enforcement Budgets would be combined but reduced where there is duplication of services. Funding from both APD and BCSO budgets would be identified as surplus and those funds invested or reallocation of those funds into social programs to address the real causes of crime.

Personnel policies, rules, regulations, standard operating procedure and internal affairs function can be developed for the authority. Most importantly, uniform police standard operating procedures and constitutional policing training and practices would be implemented, such as mandatory use of lapel cameras and de-escalations tactics.

A police authority would be created, with civilian governing board of 5 members. The members would be the Mayor, the City Council President, the Bernalillo County Commission Chairperson, the Bernalillo County Sheriff and the Chief or Presiding Judge of the Second Judicial District, all who would serve no more than two 4 year terms. A Police Authority Commissioner would be appointed by the civilian governing board. ABBCO Commissioner would be a contracted position that could only be terminated for cause as defined in the contract with compensation established by the governing board. The Police Authority Commissioner would have the identical or combined authority as the APD Chief and Bernalillo County Sheriff to run and operate the authority.

Both the Albuquerque Police Department and the Bernalillo County Sheriff’s Office has way to much overlap with taxpayers in the city paying for essentially two law enforcement agencies. The City and the County have essentially combined geographically. Consolidation of both law enforcement authorities is long overdue. Both law enforcement agencies can and should be combined and streamlined into one Albuquerque and Bernalillo County Regional Law Enforcement authority or an ABBCO Police Authority.

A Plan To Reform And Restructure APD: Appoint Police Commissioner and Abolish APD Internal Affairs

Create Department Of Public Safety; Abolish APD Internal Affairs; Create Salary Structure

It has been reported that Bernalillo County Sheriff Manny Gonzales will be meeting with President Donald Trump and U.S. Attorney General William Barr at the White House Wednesday, July 22. According to the news report, they will be discussing how the Bernalillo County Sheriff’s Office has been combating crime as part of Operation Relentless Pursuit.

Operation Relentless Pursuit was announced last December where seven cities would split $71 million for law enforcement efforts. During a press conference in Albuquerque, U.S. Attorney for New Mexico John Anderson explained what the money meant for Albuquerque:

“We are committed to bringing the weight of federal charges against the most dangerous violent criminals plaguing our city. We will deploy all the tools at our disposal to bring an end to the plight of gun violence in our city.”

Albuquerque was one of seven cities selected for Operation Relentless Pursuit because it has a higher than average violent crime rate. According to Bernalillo County Sherriff’s Office, Attorney General Barr had invited Sheriff Manny Gonzales to the White House to meet with Trump. Sheriff Gonzales said he will update the residents of Bernalillo County about the public safety meeting with the president upon his return to New Mexico.

https://www.kob.com/albuquerque-news/bcso-sheriff-gonzales-to-meet-with-trump-at-white-house-/5801144/?
fbclid=IwAR0_7fOdEcMuldR9domU_EZWyktl87dqznQj5BDYLonctkyyhMQ1q85qaA0

President Trump has sent troops Portland, Oregon to quell demonstrations. Authorities from several federal agencies were sent to Portland to quell protests around the federal courthouse, but the presence of federal officers led to violent clashes leading to Oregon officials asking them to leave the city. CBS News has obtained a memo showing that the Trump administration is planning to send 175 federal officers to assist local police departments in Chicago, with Albuquerque, New Mexico, and Kansas City, Missouri, possibly next.

https://www.cbsnews.com/news/trump-federal-officers-portland-great-job-send-officers-other-cities/?fbclid=IwAR1x76_PywR3-HYn01Y9MVQNstlXCep-xgeK6n5nBFUInuuOVQK8Cpe4urU

News of the potential deployment of federal resources to Albuquerque has been met with strong rebukes from top Albuquerque city officials. Democrat U.S. Senator Martin Heinrich called for Sheriff Gonzales’ resignation saying in part, “the Sheriff is inviting the President’s stormtroopers into Albuquerque.”

https://www.krqe.com/news/politics-government/trump-admin-considers-sending-more-federal-officers-to-albuquerque/

COMMENTARY AND ANALYSIS

Sheriff Gonzales is making a very, very big mistake meeting with President Trump and AG Barr at the White House without other law enforcement officials such as the New Mexico US Attorney, the District Attorney and the APD Chief and perhaps the County Manager and the City’s CAO. The meeting may garner favor with staunch Republican voters in Albuquerque as he seeks to run for mayor next year, but it sure will wind up upsetting many Democrats of all strips (progressive, moderate and conservatives) not to mention Independents.

Sheriff Manny Gonzales opposition to lapel cameras, red flag laws and sanctuary city policies does not help much either. Trump is already ordering undercover troops, like he has in Portland, to other Democratic controlled cities and the last thing the City of Albuquerque needs is for a Bernalillo County Sheriff to go rogue and invite the Federal Government into Albuquerque and assuring Trump of his Sheriff Department’s cooperation.

It is not at all likely Trump will be wanting to just sit there and not want something in return from Sheriff Gonzales. Perhaps an endorsement for his re election from a prominent Hispanic Official from a Blue State? Its common knowledge that Sheriff Gonzales is planning to run for Mayor next year against Tim Keller who is viewed as weakened because of the city’s high violent crime rates he promised but has failed to bring down violent crime despite all of his efforts. Sheriff Gonzales might as well change his party affiliation to Republican before he runs for Mayor. This is one invitation Sheriff Manny Gonzales should have turned down because it’s likely voters will now turn him down when he runs for Mayor next year.

On June 15, a man was shot in Old Town over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The shooting occurred during a protest for the removal of the figures of Juan de Onate de Salazar in the sculpture. During the protest, there were 5 to 6 heavily armed New Mexico Civil Guard (NMCG) members, some dressed in military camouflage, present trying to “protect” the sculpture. It was reported that the shooting occurred when at least 3 of the protesters attacked a person identified as Steven Baca who was walking away from them. Steven Baca was struck in the head with a skateboard and Baca drew a gun, shot numerous times, with one shot hitting one of the protesters.

Civil Guard members said they take zero responsibility for the shooting and what happened at the June 15 protest and that Steven Baca is not a member of their group. NMCG Chaplin and Founder Bryce Provance said that after the gunfire, his men set their “scope” on the shooter and “would’ve blown his brains out” if he kept shooting. NMCG member John Burks, an Army veteran who served in “quite a few deployments” said that he could not “specifically speak on” his kicking of the shooters gun away to “secure the crime scene“ but did say “People said we protected him after he shot. … No, we detained him and formed a perimeter around him so that he didn’t pick that gun back up and shoot more people.”

https://www.abqjournal.com/1472698/the-world-is-a-scary-place.html

On June 16, the Albuquerque Police Department released a photo of the 13 guns and 34 magazines taken from militia members at the protest. In the APD photo there are 4 semi-automatic rifles. A controversy is now brewing over the handling of the protest by the Albuquerque Police Department (APD).

BERNALILLO COUNTY DISTRICT ATTORNEY FILES CIVIL LAWSUIT AGAINST NMCG MILITIA

On Monday, July 14, it was reported that Bernalillo County District Attorney Raúl Torrez filed a civil lawsuit to stop the New Mexico Civil Guard private militia from usurping the state’s military and law enforcement authorities. The lawsuit is a “Complaint for Injunctive and Declaratory Relief” filed in the 2nd Judicial District Court against the New Mexico Civil Guard and 14 of its members who “include some individuals associated with white supremacist and neo-Confederate organizations,” according to the civil complaint.

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

The lawsuit alleges in part:

“NMCG’s coordinated, armed, and uniformed presence at public events results in intimidation and creates a chilling effect on the exercise of First Amendment rights. … By appearing armed and uniformed at such events, NMCG creates a risk that its members will be mistaken for authorized police or military personnel, confusing members of the public and complicating the efforts of law enforcement to respond to any unrest that arises at those events. … Law enforcement must also take into account the risk of triggering violence on NMCG’s part when determining whether and how to intervene in any disturbances that occur at public gatherings attended by the group.”

Torrez claims the group, whose membership he alleged includes people associated with white supremacist and neo-Confederate ideology, has routinely used paramilitary tactics “at protests, demonstrations, and public gatherings throughout New Mexico, providing wholly unauthorized, heavily armed, and coordinated ‘protection’ from perceived threats.”

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

The Civil Complaint for Injunctive Relief is requesting a District Court Judge to prohibit the civil guard and any successor groups from “organizing and operating in public as a military unit independent of New Mexico’s civil authority and without having been activated by the governor of New Mexico”. The civil complaint is also seeking to prevent the NMCG from “assuming reinforcement functions by using or projecting the ability to use organized force in response to perceived threats at protests, demonstrations, or public gatherings.”

https://www.abqjournal.com/1477313/suit-against-militia-follows-in-the-footsteps-of-virginia-case.html

The lawsuit filed is being touted as a unique endeavor by the district attorney, who has joined with Georgetown University’s Institute for Constitutional Advocacy and Protection to sue in order to stop the New Mexico Civil Guard from engaging in law enforcement activities prosecutors say can only be authorized by the governor. The civil law lawsuit is being touted as a “first of its” kind because it alleges that the NMCG is “organizing and operating in public as a military unit independent of New Mexico’s civil authority and without having been activated by the governor of New Mexico”.

CITY ATTORNEY’S RELUCTANCE TO ACT PATHETIC

Bernalillo County District Attorney Raul Torrez said he was frustrated with city officials and the City Attorney’s office saying they could not do anything to prevent militia members from showing up, heavily armed at demonstrations. At a news conference the day after the shooting, City Attorney Esteban Aguilar had said New Mexico’s open carry law, as well as the First and Second Amendments in the U.S. Constitution, prevents law enforcement from intervening if a person is legally allowed to carry a gun.

When asked if the city had itself considered filing a lawsuit against the Civil Guard, Mayor Keller’s spokesman Matt Ross said in a statement:

“Cities are prohibited by the state Constitution from passing legislation on guns including their presence at protests. Despite that, over the last year Albuquerque has boldly enacted a prohibition on guns in City spaces like community centers … This is being challenged in court and as we continue to explore our legal options in other areas, we welcome any help the DA is now ready to provide.”

Based on the statements of City Attorney Estaban Aguilar and City spokesman Matt Ross, its painfully obvious that they do not have a working knowledge of New Mexico statutory law and city ordinances governing activity that constitutes a “public nuisance”.

NEW MEXICO STATUTES AND CITY ORDINANCES ON NUISANCE ABATEMENT

New Mexico statute defines a “public nuisance” as consisting “of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either:

“A. Injurious to public health, safety and welfare; or
B. Interferes with the exercise and enjoyment of public rights, including the right to use public property.”

Whoever commits a public nuisance for which the act or penalty is not otherwise prescribed by law is guilty of a petty misdemeanor.”

(30-8-1, NMSA 1978, Public Nuisance defined).

The New Mexico legislature has also empowered municipalities by statute with very broad authority to define a nuisance, abate the nuisance and impose penalties and initiate civil causes of action.

State statute provides that “A municipality may by ordinance … define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist. …”

(3-18-17 Nuisances and Offenses; Regulation or prohibition)

State statute also grants municipalities with broad powers and provides that:

“A municipality may:
A. sue or be sued; ….
F. protect generally the property of its municipality and it inhabitants;
G. preserve peace and order within the municipality; …”

(3-18-1 General Powers (of Municipality)

Note that the “creating, performing or maintaining” is used in defining a public nuisance and it is a crime under state law, which would be prosecuted in a magistrate court or metropolitan court. Under New Mexico law, a petty misdemeanor is the very least serious crime for which a person can be sentenced to time in jail. The sentence for a petty misdemeanor in New Mexico can never be more than six months in jail or a fine up to $500, is usually up to 30 days in jail and a $100 fine or both, depending on the offense and the penalties can also be suspended by the court. In other words, the penalty for petty misdemeanor is akin to a first DWI conviction.

Notwithstanding being a criminal charge, actions to abate a nuisance are civil actions, not criminal, that must be filed in State District Court. New Mexico statutory law provides that any action for the abatement of a public nuisance shall be governed by the general rules of Civil Procedure.

(30-8-8, NMSA 1978 Abatement of a public nuisance.)

Under New Mexico law, “a civil action to abate a public nuisance may be brought, by verified complaint by any public officer or private citizen, in state district court of the county where the public nuisance exists, against any person, corporation or association of persons who shall create, perform or maintain a public nuisance.”

(30-8-8, B, NMSA 1978, Abatement of a public nuisance, emphasis added)

When a plaintiff prevails and proves that a nuisance exists and a judgment is given against a defendant in an action to abate a public nuisance, the district court can order the defendant responsible for the nuisance to pay all court costs and attorney fees for the plaintiff’s attorney.

(30-8-8, C, NMSA 1978, Abatement of a public nuisance, emphasis added)

A huge significance is that both public officials as well as private citizens can bring an action for nuisance abatement. Another major distinction is the burden of proof between a criminal charge and a civil cause of action. A criminal charge requires the state to prove a defendant is guilty “beyond a reasonable doubt”. A civil case requires proof by “preponderance of the evidence” by a plaintiff.

In general, with few exceptions, only law enforcement or state prosecutors can bring petty misdemeanor charges for public nuisance. However, any private citizen or public official, such as a District Attorney or City Attorney, or any lay person with money for the court filing fee, can initiate a civil nuisance abatement action for injunctive relief and if they prevail can be awarded attorney’s fees and costs.

AUTHORITY OF DISTRICT ATTORNEY CLEAR

The Bernalillo County District Attorney is considered the Chief law enforcement officer within Bernalillo County. The primary function of the District Attorney is to prosecute criminal charges, both felony and misdemeanor charges. In addition to the authority to prosecute criminal cases, the District Attorney also has authority under state law to seek injunctive relief for any public nuisance that poses and immediate threat to public health, safety and welfare.

The City of Albuquerque can also can seek injunctive relief to abate a nuisance and does it all the time, or at least did when the Safe City Strike Force existed, to declare substandard properties that are unfit to occupy a public nuisance and magnets for crime. The activities of the NMCG attending protests fully armed fall right within the definition of “public nuisance” as consisting:

“of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either … Injurious to public health, safety and welfare; or interferes with the exercise and enjoyment of public rights, including the right to use public property.” (30-8-1, NMSA 1978, Public Nuisance defined).

Further, under state law municipality may “sue or be sued … protect generally the property of its municipality and it inhabitants … [and] preserve peace and order within the municipality; …” (3-18-1 General Powers (of Municipality)”

COMMENTARY AND ANALYSIS

It is very disappointing that the City Attorney’s Office ostensibly does not have a real understanding or working knowledge and application of New Mexico law. No matter the “legal theory” being relied upon, the relief being sought is essentially for injunctive relief to abate a public nuisance and a Court Order declaring that the activities of the NMCG pose an immediate threat to the public heath safety and welfare and interfering with the exercise of public rights and doing so without lawful authority. That is a far cry from the right to bear arms. For that reason alone, the City could in fact seek and injunction against the NMCG based on the State’s and City’s law on Nuisance Abatement. The State and the City have some of the strongest nuisance abatement laws in the United States.

District Attorney Raul Torrez is commended for bringing his civil action against the NMCG in that they are indeed interfering with others constitutional rights of freedom of speech and association and interfering “with the exercise and enjoyment of public rights, including the right to use public property.” The actions of the NMCG are tantamount to vigilantism.

Although the District Attorney is empowered to bring the action, it is the City of Albuquerque and the Albuquerque Police Department who are affected the most by the NMCG and any citizens militia. Mayor Tim Keller all but acknowledged this fact when he told the NMCG militia to stay away and said:

“We’re just trying to send a clear signal that we never want vigilantes in our town. We never want firearms at protests. … And both of those things … have been a dangerous combination for our community that we don’t want to see.”

https://www.npr.org/2020/07/06/886586653/new-mexico-leaders-to-militia-if-you-want-to-help-community-stop-showing-up-armed

Why even have laws if you do not want to enforce them. Mayor Keller has an entire department of 33+ attorneys at his beckon call. Rather than just giving quotes of warning to citizen miltia’s, he needs to pick up a phone and give instructions to City Attorney Etaban Aguilar to take legal action. Further, Keller needs to order Chief Geier that APD should charge and if need be arrest miltia members of “creating, performing or maintaining” a nuisance under the criminal state statute if and when they show up to demonstrations. There can be no clearer message as when you sue someone’s ass or arrest them over their vigilante conduct. With that in mind, the City of Albuquerque and the City Attorney’s Office should move to intervene and assist the Bernalillo County District Attorney to secure injunctive relief against the New Mexico Civil Guard and file an action for nuisance abatement and secure injunctive relief.

People showing up to peaceful protests bearing long rifles or any other kind of firearm under the guise of protecting the general public, or for that matter themselves, and businesses from violence, vandalism and looting need to be called what they are: vigilantes. They are trying to take the law into their own hands and holding themselves out as law abiding citizens when they are not and likely having evil intent. They are “on the hunt” to be able to use their weaponry when they attend protests.

Citizen Militia’s need to be condemned in no uncertain terms. It needs to be made clear to them they have absolutely no business showing up armed to the hilt with assault weapons and wearing military fatigues to peaceful protests. Such conduct only intimidates and antagonizes people which is the real intent of such militias.

No doubt self-appointed “citizen militias” and their supporters will argue they have second amendment rights to bear arms. The argument is nothing but a rue and a convenient excuse to start trouble and open fire on people who they choose claiming self defense. .

______________________________________

POSTSCRIPT

EITHER BAN OR REGULATE CITIZEN MILITIAS

Citizen Militias are not regulated in the State of New Mexico and there is no comprehensive federal law that regulates them under the Second Amendment to the US Constitution.

Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there and can assume the responsibility law enforcement to protect people and property. Such attendance amounts to nothing but vigilantism.

As things continue to escalate with protests throughout the country and state, the State of New Mexico and the United State Congress need to enact legislation that defines what a “citizen miltia” is and either ban them entirely or regulate all citizens militias.

If the United States Congress, and for that matter New Mexico, does not ban citizen miltia’s. A Citizen’s Militia Registration Act needs to be enacted. Citizen militias need to be define along similar lines of how “gangs” are defined under federal criminal law.

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

A “citizens militia” could be defined as:

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

A Citizen Militia Registration Act would require citizen militias to:

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

CONCLUSION

Until something is done with the enactment of citizen militia prohibition or regulation, citizen militias will be nothing more than vigilantes on the hunt using intimidation tactics to interfere with people’s first amendment rights as they attempt to assume law enforcement duties and responsibilities. We can also expect citizens militias to continue to pop up as Trump stokes citizens to act on their own.

There is a very classic song by Peggy Lee dealing with disappointment with the following lyrics:

“Is that’s all there is, is that all there is? …… If that’s all there is my friend, then lets keep dancing, let’s break out the booze and have some fun …… if that’s all …… there is!”

With this song in mind, please read the following full blog article:

HEADLINE: Grisham should fire Diego Arencon now!

July 17, 2020

Dan Klein

Diego Arencon is incompetent and should be immediately removed from his position as deputy chief of staff for Governor Michelle Lujan Grisham.

State Auditor Brian Colon and the Legislative Finance Committee has released instructions to all government agencies of the risks related to Emergency Procurements. It’s too late for Arencon and our millions, but hopefully it will stop other government agencies from being “duped”.

The link to the ABQReport is here:

https://www.abqreport.com/single-post/2020/07/17/Grisham-should-fire-Diego-Arencon-now

NOT THE FIRST TIME

This is not the first time that Deputy Chief of Staff Diego Arecon has come under scrutiny and played politics with taxpayer or other people’s money and causing Governor Michelle Lujan Grisham some embarrassment or loss of support for her own agenda. The last time attention was brought to Diego Arecon was the Governor’s Public Employee Retirement Association (PERA) Pension Solvency Task Force.

On February 19, 2019, Governor Michelle Lujan Grisham announced a “solvency task force” for the Public Employee Retirement Association (PERA) pension program. The 19-member task force included PERA officials, labor union leaders, retiree representatives and others. The committee was tasked with providing recommendations on contributions and payouts with a plan to be presented to the 2020 New Mexico legislative session to reform the PERA retirement system.

Lujan Grisham appointed Deputy Chief of Staff Diego Arecon as the chairman of the PERA Solvency Task Force and Arecon selected the membership. Arencon is the longtime former President of the Albuquerque Fire Fighters union who retired in 2018. Arecon, with the Governor’s blessing, recruited 6 representatives from public safety out of 16 on the Governor’s PERA Solvency Task Force. There were no outside experts in government pension reform appointed or hired to assist the task force. Arencon essentially stacked the PERA Task Force with firemen and police officers who had absolutely no knowledge of how a pension fund operates. The task force membership included the Fraternal Order of Police, National Association of Police Organizations, New Mexico State Police Association, New Mexico Sheriffs’ Association, New Mexico Professional Fire Fighters Association, Albuquerque Fire Department Retirees’ Association. Fire and police represent less than 10,000 PERA members, yet they had seven votes on this task force. Retired Public Employees, represent 40,000 PERA members but they received only one vote. AFSCME represents 25,000 PERA members they also received one vote.

https://www.abqjournal.com/1282402/governor-creates-task-force-to-study-pension-issues.html

In 2017, Candidate for Governor Michelle Lujan Grisham said she would oppose cuts to benefits, including any reduction in the annual inflation-related pension adjustments that retired state workers and teachers receive. According to a campaign spokesperson at the time:

“She does not believe that New Mexico needs to eliminate our defined benefit system for current or future educators and state employees and opposes any reduction in cost-of-living adjustments.”

Not all surprising, the recommendations that emerged from the Governor’s PERA Solvency Task Force were the recommendations embraced by Arecon before any meeting was ever convened. They were also contrary to what candidate Lujan Grisham said on the campaign trail. Arecon conducted only two meetings of the task force, and both were closed to the public. The reform plan recommended by the task force was Mr. Arencon’s plan to fix PERA that would force all PERA members to “share the pain”. He called it the “shared risk” plan. But the problems at PERA did not require shared risk, nor a shared pain plan. The problems at PERA are very specific and required more contributions or a reduction in benefits by the retirement programs in jeopardy, but Diego Arecon intentionally refused to address them in order to protect his former colleagues and their public safety pension’s at the expense of all the other pension programs.

Firefighter and State Workers funds are the real problem afflicting the solvency of PERA pension fund. Their benefits are too rich for their contributions. This could have been fixed, it was not and PERA will continue to falter because the legislature in 2020 adopted the Task Force recommendation crafted by Diego Arecon who was only interested in protecting public safety pension funds. By refusing to address this obvious issue, Mr. Arencon tethered all the solvent PERA funds to the the failing of Firefighter and State workers plans. By not fixing them they will ultimately drag all of PERA into the abyss of insolvency.

COMMENTARY AND ANALYSIS

In the private sector, positions such as a Chief of Staff or Deputy Chief Operation Officers or Deputy Chief Administrative Officers (CAO), usually require years of experience and necessary education levels. Being an accountant, financial planner, stockbroker, realtor, medical doctor, and an attorney requires a person to have a formal education and then be licensed to carry on in the profession and to perform the work they are tasked with doing. Plumbers, electricians, teachers, firefighters and police officer also require formal training and a skill set.

But having the necessary credentials for government appointments all too often is not the way New Mexico politics works. If you tie your career to the right political star, you can go along way and get a lot done. The elected official always surrounds themselves with people they trust, who are loyal and who they can rely upon, during bad and good times. After all, you never hire anyone who you do not trust and who will not be loyal to you.

There is absolutely nothing wrong with seeking political appointments to make a living. Public service is very rewarding and can bring great personal satisfaction and one can accomplish a lot. No doubt you will be paid much less working for the government than in the private sector. There is one very big caveat to political appointments: there is nothing wrong going to work for an elected official and getting your job because of politics, but you must be damn sure you can do the actual job, and if you cannot, you should be removed or fired.

The actions of Deputy Chief of Staff Arencon in the private sector and the loss of millions, would call out for swift and aggressive termination. Such a financial hit would no doubt even drive smaller businesses into bankruptcy or perhaps take years for a company to recover. However, it is not at all likely that Governor Michelle Lujan Grisham will take any action against Diego Arencon for being “duped” and not using due diligence to protect the taxpayer from fraud when it came to the purchase of personal protection equipment.

ANOTHER OMINOUS FBI CLOUD BEGINNING TO FORM OVER THE ROUNDHOUSE

However, there is one very ominous black cloud that is now beginning to form over the Roundhouse. According to the Klein ABQReport the FBI, New Mexico Attorney General and State Auditor are looking into the Arecon’s dealings and purchase of PPE from Biotec. It’s normal for the Attorney General and the State Auditor to look for violations of the state purchasing code and it’s a big part of their jobs. However, it is only rare occasions that the FBI does it, and when the FBI starts looking it’s for felony criminal conduct and not for minor violations and misdemeanor violations in the state procurement and purchasing codes.

As a matter of course, the FBI confers with the United States Attorney on any criminal investigations. New Mexico’s past two Governor’s were plagued by such investigations that tainted their reputations. The Bill Richardson Administration was heavily pursued by then New Mexico United States Attorney Greg Forrate for “pay to play” allegation with state contracts. Republican Governor “She Who Shall Not Be Named” was also plagued by “pay to play” allegations over the “Dirty Downs Deal” with the award of the billion-dollar Downs Racetrack lease and the involvement of Republican political operative and consultant Jay McClusky. Even though no indictments or criminal charges materialized, both Governor’s were severely tainted by what happened and its likely their own aspirations for higher office went into the toilet in part because of it.

New Mexico once again appears to have another Governor who has national ambitions with Governor Michelle Lujan Grisham being consider by Vice President Joe Biden to be his running mate. Sources on the 4th floor are saying the Governor’s office is all abuzz at the prospect that we may have a Governor Howie Morales. Lujan Grisham has acknowledged that she has turned over her personal financial documents to the Biden campaign and she is even helping to fund raise for Biden. One thing is for certain, she has not taken herself out of contention for Vice President the way others have such as Minnesota Senator Amy Klobuchar. She would likely take the offer to run for Vice President, but she is probably as equally interested in a cabinet level position such as Secretary of Health which she would be more qualified for than Vice President having served as a cabinet secretary for 3 New Mexico Governors. It would also get her out of New Mexico as the state’s finances are ravaged by the effects of the corona virus, oil production bust and a certain recession. It’s no fun being Governor faced with crisis after crisis during bad times.

A problem for Lujan Grisham is that she has received high marks on dealing with New Mexico’s response to the pandemic. The Governor has taken charge of that response in no uncertain terms and has done far better than most Governor’s in the country. It is hard to believe she did not know what was going on with her Deputy Chief of Staff Diego Rincon and Biotec. Arecon’s loyalty to the Governor is unquestionable which gives rise to wondering to what lengths he will go to protect the Governor that he played an instrumental role in getting elected.

There are at least two things to watch to determine how serious the FBI is looking at the Biotec purchase contract. First, if search warrants are issued for any and all correspondence, including emails, phone records, calendars and appointment to and from the State and Biotec. Second, if anyone is interviewed by the FBI on the case, including anyone at Biotec, the Governor’s office and the State Procurement Office.

Until the FBI acts, you can expect Governor Michelle Lujan Grisham to continue dancing with Diego Arencon because he is the one who brought her to the Roundhouse Dance. Unless of course Joe Biden taps Diego Arecon on his shoulder and cuts in on the dance floor and selects Governor Lujan Grisham as his Vice President or names her to his cabinet which is far more likely.

If nothing happens with the FBI investigation and Lujan Grisham stays in New Mexico, no doubt she will be dancing with Diego Arecon to the Peggy Lee song:

“Is that’s all there is, is that all there is? ….. If that’s all there is my friend, then lets keep on dancing …. let’s break out the booze and have some fun, if that’s all ….. there is!”

On July 17, the Albuquerque Journal published a guest column by State Senator Mimi Stewart and Representative Debbie Sarinana entitled “ProgressNow keeps our eyes on the wrong prize” and subtitled “Be inclusive and take your allies wherever you find them”. The letter by both state legislators goes to the defense of City Council President Pat Davis after ProgressNow demanded that Davis resign from the Albuquerque City Council after his extensive history of conduct and unconstitutional policing practices were revealed. You can read the entire letter to the editor at this link:

https://www.abqjournal.com/1476698/progressnow-keeps-our-eyes-on-the-wrong-prize.html

The letter to the Albuquerque Journal by State Senator Mimi Stewart and Representative Debbie Sarinana going to the defense of City Council President Pat Davis is what’s truly wrong with the Democratic Party, especially the progressive wing in New Mexico. Their attitude is to “forgive and forget” when it comes to one “who is now one of your own”. Both legislators write in part:

“It is disappointing the new leaders of groups like ProgressNow did not stop to study the source of attacks on an ally, which was discredited by the Albuquerque Journal and Associated Press, or to understand the story of reform from former Republicans like Davis who now proudly carry the progressive flag. Ironically, those groups know of Davis’ story because he has so courageously recounted in countless policy fights for criminal justice reform and social equity. On police reform in particular, shouldn’t we support the voices of those most impacted with that of former officers trained in those tactics, like Pat, who cross the thin blue line and organize with those fighting for change?”

What is truly disappointing is the the legislator’s false narrative that the new leaders of ProgressNow did not stop to study the source of attacks on an ally and say the source of attacks were discredited by the Albuquerque Journal and Associated Press. That is simply not true and both legislators know it. ProgressNow actually examined the facts and circumstances of Davis’s conduct as a Washington, D. C. cop and as a UNM Campus police cop. In their June 25 statement entitled “ProgressNow New Mexico Statement on Councilor Davis’ Shooting of a Black Man and Pattern of Upholding Racist Institutions” wrote in part:

“This week, new details have surfaced regarding former ProgressNow New Mexico Executive Director and Albuquerque City Councilor Pat Davis’ shooting of a Black man while working as a cop in Washington D.C. … Unfortunately, Davis’ shooting of a Black man isn’t the only example of his troubling actions. A pattern has unearthed that continues into the present. After Davis moved to Albuquerque, he had multiple civil rights complaints lodged against him while serving as a cop at the University of New Mexico.

What is downright disgusting is when Stewart and Sarinana proclaim that Davis has “courageously in countless policy fights for criminal justice reform and social equity” admitted his past conduct. What would be courageous is not just mentioning his past conduct to somehow gain credibility but to apologize to those he victimized and step down as an elected official.

What is equally disgusting is when Stewart and Sarinana ask “shouldn’t we support the voices of those most impacted with that of former officers trained in those tactics, like Pat, who cross the thin blue line and organize with those fighting for change?” One of those voices most impacted by Davis’s conduct is an African American who was shot twice by Davis without provocation when he was a D.C. cop. Davis victimized him again when he took him into custody and drove erratically resulting in the gunshot wounds to reopen. Then there are the 6 victims in New Mexico who were victims of his conduct as a UNM campus cop. Those voices impacted by Davis include 2 single woman who were the targets of unconstitutional searches of their homes in Corrales, NM, where Davis had no jurisdiction and who Davis coerced into allowing a search of their homes and causing tremendous damages. It is not at all likely that the 7 victims and voices impacted by Davis are as forgiving as Stewart and Sarinana and they are damn fools if they think so.

Stewart and Sariana with their letter are clearly trying to make Pat Davis out as some sort of a hero to the Democratic Party when they say Davis is the “story of reform from former Republicans like Davis who now proudly carry the progressive flag.” With Pat Davis “proudly carrying the progressive flag” comes embarrassment to the Democratic party.

The truth is, there is conduct that must never be forgotten nor forgiven, such as the pedophilia of billionaire Jeffry Epstein and the sexual harassment and rape of woman by Hollywood Producer Harvey Weinstein. After all, the attitude of “forgive and forget” is contrary to the “Me Too Movement”. Forgetting the past conduct of Pat Davis as a cop is also contrary to any sort of police reform.

When Stewart and Sariana write “This is a real low point for the progressive movement, but let’s hope it’s just a speed bump and not the start of a long decline” they really miss the mark and are essentially going to the defense of someone whose past conduct is indefensible. When they say “We encourage all those who want meaningful reform to keep our eyes on the prize so we can win in November and then in January” they seem to think they are playing some sort of carnival game. The stakes are high and we are dealing with life and death situations when it comes to police reform.

Pat Davis has actually said recently he “made arrests and instigated some encounters I wouldn’t be proud of today” yet there is no apology for his actions to any one he brutalized. Pat Davis is running around proclaiming that he is a former bad cop and he has changed and has had some sort of an epiphany. Pat Davis now proclaims that because he was a former cop and did things in the past he was not too proud of, he has changed and for that reason he is the guy to lead the charge in reforming APD. What is so damn pathetic is that Pat Davis probably now believes people are buying his garbage after the letter written on his behalf by Senator Mimi Stewart and Representative Debbie Sarinana. It is likely that Pat Davis, or one of Stewart’s and Sariana’s progressive political consultants, went out of their way to solicit the letter from Stewart and Sariana.

Given what is known about City Councilor Pat Davis, his actions as a police officer, his litigation history, his credibility is in serious doubt as are his political motives. The real Pat Davis, and his lack of respect for constitutional rights are revealed by his pattern of conduct he engaged if for years and was sued for as a UNM Police Officer and his conduct as a DC Police Officer. Pat Davis has no business making decisions regarding police reforms, law enforcement policy let alone be involved in the process deciding who is fit to be a judge.

The last thing this State and this City needs is for legislators like Senator Mimi Stewart and Representative Debbie Sarinana to go to the defense of the likes of Pat Davis because they feel the progressive movement somehow needs him and it needs to take allies wherever it can find them. Next thing you know Senator Mimi Stewart and Representative Debbie Sarinana will be trying to draft former State Senator Manny Aragon to run for Governor of New Mexico.

NAACP Demands Apology Or Resignation From City Councilors Jones And Borrego; No Demands Made Of City Councilor Pat Davis For His Shooting Of African American And Violating Constitutional Rights

ProgressNow New Mexico Statement on Councilor Davis’ Shooting of a Black Man and Pattern of Upholding Racist Institutions; Calls For His Multiple Resignations

The “Spin Doctor Pat Davis” Is Not “Authentic And Honest” As He Proclaims; City Councilors Protecting One Of Their Own Looking The Other Way; Take Another Vote To Decide If Davis Should Remain As President

City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer

On Monday July 13, New Mexico State Auditor Brian Colon said his office was ordering a special audit of APD’s overtime payment policies to APD Police Officers. Colón also asked New Mexico Attorney General Hector Balderas to join him with the probe and Attorney General Balderas assigned special agents to work with State on the Albuquerque Police Department audit examination.

With State Auditor Brian Colon and State Attorney General Hector Balderas probing the Albuquerque Police Department’s overtime practices and with an outside accounting firm ordered to the same, the Albuquerque Police Department says its own related Internal Affairs investigation has been going on for the past six weeks.

APD ANNOUNCES INTERNAL AFFAIRS INVESTIGATION OF ONLY ONE

On Monday, July 13, APD officials said it notified the Office of State Auditor Brian Colón about “suspected fraud” involving wages paid to former APD spokesman Simon Drobik and said that APD has its own Internal Affairs investigation Drobik as it relates to his alleged overtime abuse and “suspected fraud”. The letter to the State Auditor says:

“The dollar amount of the suspected fraud is not known at this time, however, the [Internal Affairs] investigation is ongoing. ”

Attorney General Chief Counsel Matt Baca had this to say on Thursday, July 16:

“[The AG’s office’] has been actively reviewing this matter and received communications from both APD and the Auditor’s office this week related to APD’s internal investigation of Simon Drobik.”

For a number of years, Drobik has been the highest paid city employee. Drobik has a base pay rate of $31.50 per hour, which translates into a yearly pay of $65,529 (40 hour work week X 52 weeks X $31.50 = $65, 520). In 2018, Drobik was paid $192,973. In 2019 he was paid $166, 485. Thus far in 2020, Drobik has already collected $106,607, as a result of overtime pay. Over a year ago, the Civilian Police Oversight Agency demanded the city to fire Drobik for overtime abuses.

Confidential sources are saying that on Friday, July 10, Internal Affairs (IA) investigators interviewed Drobik and confronted him with pay records that showed time card fraud and that contradicted his defense that he was not being paid for both outside work and city work done at the same time. Confidential sources say Drobik stormed out of the IA interview and he tendered his retirement letter the same day.

https://www.abqjournal.com/1476681/internal-probe-finds-suspected-fraud-at-apd.html

EXTENT OF OVERTIME SCANDAL NOT JUST ONE

APD Internal Affairs ostensibly is only investigating former APD Spokesman Simon Drobik for overtime pay abuse. It is likely that upwards of 160 police officers listed in the 250 top paid city hall employees will also be subject to review.

Police officers earning excessive overtime is nothing new. It has been going on for years and is very common knowledge amongst city hall employees and city hall watchers.

On July 15, the online news ABQReports published an article investigated and written by editor Dennis Domrzalski and Charles Arasim entitled “APD overtime madness; exceeds OT budget by $39 million in last 13 years”.

Quoting the most relevant portions of the article:

“In the past 13 years APD has exceeded its overtime budget by a total of $39 million, according to the City Council staff. In the fiscal year that ended June 30, APD overspent its OT budget by an astounding $7.1 million. And the year before, the department broke its OT budget by $8.4 million.

https://drive.google.com/file/d/1BInqDoXBB1TZwS5tPG0MFnQPZHwRynz7/view

The link to the full ABQReport article is here:

https://www.abqreport.com/single-post/2020/07/15/APD-overtime-madness-exceeds-OT-budget-by-39-million-in-last-13-years

EXTENT OF APD POLICE OVERTIME PAID

APD has an alarming increase in “classified” positions that are being paid 6 figures pay based on hourly wages. The City maintains a list of the 250 top city hall wages earners and what they are paid for the full calendar year of January 1, to December 31 of any given year. The City of Albuquerque recently updated the list for the year 2019. The list starting with the most paid at $193,666.40 to the least paid at $107,885.47, with many being paid 2 and 3 times their base pay.

There were 32 APD Lieutenants in the list of 250 top paid employees in 2019 earning pay ranging from $108,031 to $164,722. Hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200 yearly. These positions are classified employee and are permitted to be part of the police union and as such are entitled to be paid time and a half for overtime worked under the union contract.

There were 32 APD Sergeants in the list of 250 top paid employees in 2019 earning pay ranging from $109,292 to $193,666. Hourly pay rate for APD Sergeants is $35 an hour, or $72,800 a year. These positions are classified employee and are permitted to be part of the police union and as such are entitled to be paid time and a half for overtime worked under the union contract.

There were 70 APD patrol officers first class, master, senior in the list of 250 top paid employees in 2019 earning pay ranging from $108,167 to $188,844. Hourly pay rate for Patrol Officers is $29.00 an hour to $31.50 an hour depending upon years of experience. These positions are classified employee and are permitted to be part of the police union and are paid time and a half for overtime worked under the union contract.

The increase pay requires you to assume that all are doing a good, great or an exceptional job which is very difficult to justify when it turns out that is not the case or abuse is found. The 6 figure salaries being paid to sworn Patrol Officers can be attributed to “overtime” worked which is very problematic.

DANGERS OF POLICE OVERTIME TO PUBLIC SAFETY

From a personnel management standpoint, when you have a select few that are taking home the lion’s share of overtime, it causes moral problems with the rest. Consecutive shifts or excessive overtime for any police officer can lead to extreme fatigue, emotional burnout and reduce an officer’s alertness and response times and reflexes that can endanger lives and public safety.

Excessive overtime paid is also a red flag for abuse of the system, mismanagement of police resources or the lack of personnel. APD has added approximately 100 police officers last year as a result of increases in pay and an aggressive recruitment program. APD is projected to have upwards of 980 sworn police. The ultimate goal of the Keller Administration is to have 1,200 full time sworn police. Overtime paid by APD should have come down as more police officers were added to the ranks, but that did not happen.

When APD exceeds its overtime budget, it is to the detriment of other city departments and other city employees in that the additional funding must be found somewhere else, either by taking it from other departments and programs, budget cuts or cost saving measurements.

OPPORTUNITY TO ADDRESS PAY STRUCTURE

With the action of the State Auditor and the initiation of special audit, the City should use it as an opportunity to evaluate alternatives to hourly pay and paying time and a half. The City should do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented, otherwise the problem of excessive overtime paid will not go away, especially when you have a Mayor or a Chief of Police looking the other way.

A base pay salary system should be implemented for all APD sworn personnel. A base salary system with step increases for length of service should be implemented. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same, but if more time is needed to complete a work load or assignments for the day, the salaried employee works it for the same salary with no overtime paid and a modification of shift times for court appearances.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignment, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear at such arraignments.

Until the APD salary structure is changed, APD will always have patrol officers first class making two to four times their base salary and emotional burnout will be the norm, not the exception endangering public safety. The trend of having more classified APD employees earning such high hourly wage pay does not bode well from an executive personnel management standpoint.

Once the special audit is completed, State Auditor Brian Colon will be able to smoothly transfer the full audit to New Mexico Attorney General Hector Balderas. Once the audit is transmitted to Attorney General Balderas, a special grand jury needs to be convened to determine what criminal charges, if any, should be filed.

CONCLUSION

The special audit of APD’s overtime payment policies to APD Police Officers is in fact far reaching and likely involves upwards of 160 police officers identified in the 250 top paid city hall employees. Once the special audit is completed, State Auditor Brian Colon will no doubt give the full audit to New Mexico Attorney General Hector Balderas. Once the audit is transmitted to Attorney General Balderas, a special grand jury will likely be convened to determine what criminal charges, if any, should be filed.

No Mayor wants to be face with the prospect that criminal activity is found within a Police Department they are supposed to oversee and manage. No doubt Mayor Tim Keller realizes if APD is hit with indictments of waste, fraud and abuse for overtime time fraud, it will likely add another obstacle to his re-election chances along with the skyrocketing violent crime rates Keller promised to bring down when he ran in 2017.

NM State Auditor Colon Calls In NM Attorney General Balderas To Help With Probe Of APD Overtime Abuse; The Irony Of The 3 Amigos Of Colon, Balderas And Keller Having Served As State Auditor Not Lost On Anyone; Stakes Are Very High For Keller Seeking Re-Election

APD Spokeman Simon Drobik Retires from APD As Internal Affairs Investigates Time Card Fraud; State Auditor Brian Colon Orders Audit; Drobik Not The Only One Paid Excessive Overtime

In 2019 There Were 160 Of 250 Top Paid City Hall Employees That Were Police Paid Between $107,885.47 to $193,666.40 and 49 Were Firefighters That Were Paid $107,885.47 To 148,128.08; Abolish APD Overtime, Longevity Pay; Implement Set Salary Structure; Remove APD Sergeants And Lieutenants From Police Union