On February 20, the New Mexico legislature within a few hours before adjourning enacted a $7.6 Billion dollar budget for the fiscal year that begins on July 1. It raised annual spending by $536 million, or by nearly 8% over last year’s budget. The increase in spending was a result of record-breaking oil production in the Permian Basin with the state anticipating at least an $800 million increase in state government income during the coming budget year. The legislature also enacted a separate $49.5 million in capital outlay projects.

The increase spending of $536 million includes funding for Governor Lujan Grisham’s major priorities. An Early Childhood Trust Fund of $320 million was approved with the goal of putting $30 million annually toward the cause of early childhood programs needed for many years. The new budget includes $17 million for the new college scholarship program sought by Lujan Grisham which is much less than the Governor had initially requested.

The goal is to provide need-based tuition aid for full-time students who already qualify for a separate, lottery-funded scholarship program. The Governor supported the Public Employees Retirement Association (PERA) reform legislation that is aimed at erasing the state pension system’s $6.6 billion unfunded liability. The new budget allocates $76 million to help improve the financial health of the pension funds.

Just when things were looking great with respect to oil and gas royalties to finance state government, BAM the corona virus hits, a global oil price war ensues, and New Mexico gets hit in the process, all within one month since the adjournment of the New Mexico legislature. The global oil price war has hit hard the state’s revenue boom and it has caused the state budget surplus to evaporate. The New Mexico Legislature’s finance analysts had pegged oil prices for the budget year that ends in June to average $52 per barrel. The price of oil per barrel has now plummeted to $33.19 dollars a barrel.

https://markets.businessinsider.com/commodities/oil-price?type=wti

$100 MILLION LINE ITEM VETOS AND $49. 5 MILLION CAPITAL OUTLAY VETO

On March 10, Governor Michelle Lujan Grisham vetoed the $49.5 million capital spending bill citing the financial crisis over the loss of revenues. On March 11, due to concerns over plummeting oil prices and the impact of the coronavirus, Lujan Grisham signed into law the $7.6 billion spending plan but not before exercising her line item veto power. The Governor line item vetoed more than $100 million worth of projects from an accompanying public works package.

Among the projects vetoed by Lujan Grisham were proposed school improvements, tribal building repairs, road renovations, street signs and renovations to a Family and Community services building in Albuquerque. On March 11, the Governor announced that 3 cases of corona virus had been found in New Mexico, all three-travel related. As of March 17, a total of 23 cases have been confirmed and many more are expected.

In her veto message of the capital outlay projects, Governor Lujan Grisham said:

“We do not yet know the degree to which [the coronavirus] and declining oil prices will impact our state’s economy. … Given this uncertainty, I bear a heightened obligation to ensure that all significant expenditures constitute a demonstrably sound investment in New Mexico.”

According to the Governor’s Office the combined savings will amount to roughly $150 million in order to have more money available in cash reserves in the event projected revenue levels do not materialize.

IMPACT OF REDUCED OIL PRICES

According to the Legislative Finance Committee (LFC), a $1 change in the average annual New Mexico price of oil has an impact of roughly $22 million on the state general fund. The LFC also said money generated from taxes and royalties on oil and natural gas accounted for roughly 36% of New Mexico’s total revenue for last year. For the enacted budget, oil prices were projected to average $50 per barrel.

According to the Governor’s Office, if oil prices were to hover at $30 per barrel through June, that would mean $138 million less in state revenue than projected for this fiscal year. Upwards of 25% of the state’s spending contained in its budget is for reserve funds

The Governor had until March 11 to sign off on the state’s $7.6 billion budget bill for the fiscal year that begins July 1. The state budget crafted and enacted by the 2020 legislature is heavily reliant on the historical oil and gas generated surplus revenue. The new budget contains a $536 million increase in spending over last year’s budget. By law, the New Mexico Legislature must enact a balanced budget. Deficit spending is strictly prohibited.

Between the veto of the $49.5 capital improvements and the line item vetoes of $100 Million in the budget means more money will be available in cash reserves in case projected revenue levels do not materialize. The state is estimated to have $1.7 billion in cash reserves when the current budget year ends in June. The $1.7 billion cash reserve figure could end up being much lower if oil prices do not rebound.

https://www.abqjournal.com/1429497/governor-vetoes-infrastructure-bill-as-oil-prices-plummet.html

Republican lawmakers accused Lujan Grisham of putting her initiatives above the state’s aging road infrastructure with her budget line item vetoes, even though the budget she signed includes $180 million for statewide highway construction and repairs.

https://www.abqjournal.com/1430331/governor-signs-budget-axes-dozens-of-infrastructure-projects.html?utm_source=newsletter&utm_medium=email&utm_campaign=news-alert

TRUMP TURNS ATTENTION TO NATIONS ECONOMY

As financial analysts warn the country is surely entering a recession, the Trump Administration is grappling with the enormous political undertaking with echoes of the 2008 financial crisis. On March 17, President Trump pressed for enactment of a $1 trillion stimulus package, possibly to include $1,000 direct payments to individual Americans, to blunt the economic impact from the coronavirus outbreak.

Under the plan, high wage earners might not qualify for payments, which could be sent within the next two weeks, according to Treasury Secretary Steven Mnuchin. Trump asked Congress to speed emergency checks to Americans, enlisted the military for MASH-like hospitals and implored ordinary people, particularly socially active millennials, to do their part by staying home to stop the spread of the coronavirus.

https://apnews.com/22b4db74a897c8803d228269827d8612

GOVERNOR MLG TURNS ATTENTION TO STATE ECONOMY

On March 17, the Administration of Gov. Michelle Lujan Grisham announced expanded expanded economic relief plans. The administration made it known that even more drastic action may be taken as the corona virus pandemic continues to take its toll on the states economy.

According to Workforce Solutions Secretary Bill McCamley, the state has put on hold job search requirements for unemployment benefit recipients, launched new business loan programs and is pursuing other possible steps. McCamley said his agency received about 4,000 phone calls from New Mexicans seeking to file for unemployment benefits, or extend their benefits in just one day.

The state has issued a directive requiring that bars and restaurants operate at no more than 50% of capacity and the directive is expected to have a direct impact on the restaurant and hospitality industry and contribute to a major surge in unemployment applications. The state has an unemployment reserve fund approaching $465 million and there is no doubt it could be depleted seriously with the doubling and tripling of unemployment application.

According to state officials, the Department of Workforce Solutions has asked President Donald Trump’s administration to activate a “disaster unemployment assistance program” that would allow New Mexico’s estimated 62,000 self-employed residents to access jobless benefits. State leaders are also discussing using money from a roughly $5 billion New Mexico permanent fund to expand a program that provides low-interest loans to businesses.

https://www.abqjournal.com/1433365/state-turns-attention-to-boosting-economy.html

Governor Lujan Grisham announced several commercial loan programs, including the state participation in a federal Small Business Association disaster program. The program offers loans of up to $2 million and making some of a state “closing fund” for business expansion and relocation available for business loans. On March 17, The Governor issued the following statement announcing New Mexico had become one of the nation’s first to qualify for the federal loan program:

“The state has qualified for the Small Business Administration (SBA) Disaster Loan Assistance program to assist businesses negatively impacted by the COVID-19 public health emergency. . .The SBA is offering low-interest federal disaster loans up to $2M for working capital to small businesses and non-profit organizations suffering substantial economic injury. . .The interest rate is 3.75% for small businesses without credit available elsewhere; businesses with credit available elsewhere are not eligible. The interest rate for non-profits is 2.75%.”

COMMENTARY AND ANALYSIS

On July 1, 2020 the recently enacted state budget by the New Mexico legislature will be going into effect. Given what is going on nationally, in cities and state’s all over the country, it is likely that the effects of the corona virus health crisis will be with us for months, not weeks resulting in a dramatic effect on the State’s economy and its revenue sources. The risk of the state going into the red and spending even more than it has coming in has now increase dramatically.

The 2020-2021 budget of $7.6 billion spending is predicated on an average oil price of $50 per barrel. State spending over the last 2 years is up 20% largely because of the surplus generated by the Permian basin oil boom. The price of oil has now plummeted to less than $30 dollars a barrel and there is no end in sight as to how far it will go and how long it will last. You can bet the price of oil will continue to decline at least as long as the oil price war between Russia and Saudi Arabia continues.

According to the Legislative Finance Committee, a $1 change in the average annual New Mexico price of oil has around a $22 million effect on the state general fund. It is clear even to those who are deficient in math and the multiplier effect that there is a looming financial crisis.

PERMANENT FUND AN OPTION

This year, New Mexico’s two largest permanent funds, the Land Grant Permanent Fund and Severance Tax Permanent Fund, funds will pump an all-time high of nearly $1.1 billion into state schools, hospitals and other programs in the coming 2020-2021 budget year that starts July 1. The funding is from investment gains and inflows from taxes and royalties from oil production in southeast New Mexico. But that may change because of the pandemic.

The Land Grant Permanent Fund (LGPF), also known as the Permanent School Fund, is one of the largest funds of its kind in the country, and every year provides more than a half-billion dollars in benefits to New Mexico’s public schools, universities and other beneficiaries . In fiscal year 2020, the Land Grant Permanent Fund generated $784.2 for New Mexico Schools.

For a number of years, many have advocated that upwards of 5% more from the Land Grant Permanent Fund be allocated for early childhood care and education programs. The Land Grant Permanent Fund is often referred to as the rainy-day fund and if there ever was a rainy day in New Mexico, it is now with the historical pandemic. Now is the time to finally divert more money to address the needs of the state with the fund to substitute money allocated in the new budget for the $320 Early Childhood Trust Fund and the $17 million for the new college scholarship program.

STIMULUS NEEDED FOR NEW MEXICO ECONOMY

Many economists are deeply concerned that the state is headed into another recession. If in fact the state suffers yet another recession, the state economy will need a major stimulus. The $49.5 million in construction capital outlay the Governor vetoed would have been such a good start. Likewise, the $100 million in line item vetos also contained many construction projects that could have help to stimulate the economy.
The Governor’s veto of the capital outlay bill of $49.5 million with the line item veto of another $100 million is no guarantee that it is enough to avoid a state budget crisis, let alone another recession caused by the pandemic.

Although an estimated $1.7 billion in reserves has been set aside, the dramatic decline in oil prices will diminish that with only a fraction of the money accessible without legislative approval in an emergency. The 2020-2021 budget contains $536 million in spending increases that are recurring costs. The $536 million in spending increases include state employee raises such as 4% for teachers and state employees, $76 million to shore up the PERA pension funds, $320 million for Early Childhood Trust Fund, and $17 million for the new college scholarship program. The enacted budget may no longer be fiscally responsible as a result of the dramatic changes brought on the corona virus pandemic and the plunge in oil production.

CONCLUSION

There is no doubt that the Governor foresees the impending wave of red ink coming her way by virtue of the $149.5 million in veto cuts. Given the impending financial crisis caused by the coronavirus, Governor Lujan Grisham would be wise to confer with legislative leadership and the Legislative Finance Committee and determine if a “Special Session” needs to be convened. There is still time for a Special Session before the enacted budget goes into effect on July 1. Such a special session should not last more than 2 days predicated on a new budget being agreed to and hammered out before the session is called by the Governor.

An option is to repeal the new 2020-2021 budget and enact a zero-growth budget making further cuts in spending and agree to make cuts in the programs the Governor was able to secure as a result of the surplus in oil revenues. Further, many of the vetoes of capital outlay could be re enacted again as a means of stimulating the economy.

If the state in fact plunges into another recession as many predict and deeper than the 10 year great recession that started in 2008, Governor Lujan Grisham will start to look and sound like former Republican Governor “She Who Shall Not Be Named”. Governor Lujan Grisham, unless she acts quickly with a special session working with the legislature, may be force to make drastic cuts, implement layoffs and once again reduce the size of government all during the 2020-2021 budget year resulting in further damage to government services and inflicting more pain on New Mexico residents.

On Monday, March 16, in an extraordinary first for the Albuquerque City Council, the general public was not allowed to sit in the public audience area of the council chambers. The City Council Chamber doors were closed to the public, audience seats were vacant, all as a precaution to stop the spread of the coronavirus. Only members of the media, city councilors and some city workers were allowed inside during the meeting. Outside of the council chambers, APD Police were stationed to keep people out or checking people’s credentials who were trying to get in.

Albuquerque City Councilor Diane Gibson asked the question:

“Keeping the general public out of this meeting and it feels weird just to have us, right?”

The city council meeting was broadcast on GOV TV and the public could watch the meeting online. For those who wanted to participate in public comment, they could have emailed, faxed or hand delivered their comments to the councilors before the meeting. According to City Council representatives, the City Council staff will be putting together a large packet of public comment that will be available for inspection.

https://www.krqe.com/top-stories/city-council-to-decide-on-expanding-emergency-powers-to-mayor/

CITY COUNCIL VIOLATES NEW MEXICO OPEN MEETINGS ACT

The “Open Meetings Act,” NMSA 1978, Sections 10-15-1 to 10-15-4, is known as a “sunshine law.” Virtually every state has such a law, which are essentially motivated by the belief that the democratic ideal is best served by a well-informed public. Sunshine laws generally require that public business be conducted in full public view, that the actions of public bodies be taken openly, and that the deliberations of public bodies be open to the public. It is the New Mexico Attorney General who is authorized by Section 10-15-3(B) of the Act to enforce its provisions.

The March 16 City Council meeting and the votes taken were in clear violation of the New Mexico Open Meetings Act.

Section 10-15-1 A and B of the New Mexico Open Meetings Act provides as follows:

10-15-1. Formation of Public Policy

A. In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. The formation of public policy or the conduct of business by vote shall not be conducted in closed meetings. All meetings of any public body except the legislature and the courts shall be public meetings, and all persons desiring shall be permitted to attend and listen to the deliberations and proceedings.

“B. All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policy making body of any state agency, any agency or authority of any county, municipality, district or any political subdivision, held for the purpose of formulating public policy, including the development of personnel policy, rules, regulations or ordinances, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of any board, commission or other policy making body are declared to be public meetings open to the public at all times, except as otherwise provided in the constitution of New Mexico or the Open Meetings Act. No public meeting once convened that is otherwise required to be open pursuant to the Open Meetings Act shall be closed or dissolved into small groups or committees for the purpose of permitting the closing of the meeting.”

The Attorney General’s “Compliance Guide For The Open Meetings Act” provides the following commentary:

“This Subsection [B] states the basic open meetings policy of the state. The Act generally prohibits a public body from conducting public business … in closed meetings and requires that such business be conducted by the public body acting as a whole at meetings open to all persons who wish to attend and listen. The Act requires members of a public body to conduct business in public and to allow all persons desiring to attend and listen to the proceedings.”

It is also clear that the resolutions and ordinances enacted by the City Council at its March 16 meeting were void. Section 10-15-3 of the Open Meetings Act provides as follows:

“Invalid Actions; Standing. A. No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be valid unless taken or made at a meeting held in accordance with the requirements of NMSA 1978, Section 10-15-1. Every resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be presumed to have been taken or made at a meeting held in accordance with the requirements of NMSA 1978, Section 10-15-1.”

The New Mexico Open Meetings Act also provides for criminal penalties. Section 10-15-4 of the Open Meetings Act provides as follows:

“Criminal Penalties

Any person violating any of the provisions of NMSA 1978, Section 10-15-1 or 10-15-2 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) for each offense.”

The Attorney General’s “Compliance Guide For The Open Meetings Act” provides the following commentary:

“If, after investigating charges that the Act has been violated, the Attorney General finds that the charges are valid and substantial, the Attorney General may initiate a criminal prosecution against each of those persons responsible for the violation. The public officers or employees charged may be held personally responsible for violations of the Act if it is shown that they intentionally acted in a manner that violated the Act. In addition to the members of the public body, other officials responsible for implementing the Act’s provisions may be found liable.”

The New Mexico Attorney General’s Office publishes a “Compliance Guide For The Open Meetings Act”, that also contains the full act and commentary with a checklist for compliance, and it can be found here:

https://www.nmag.gov/uploads/files/Publications/ComplianceGuides/Open%20Meetings%20Act%20Compliance%20Guide%202015.pdf

COUNCIL VOTES TO EXPAND MAYOR’S EMERGENCY POWERS

During the March 16 meeting, the Albuquerque city council voted 6 to 3 in favor of amending the city’s “Emergency Powers Ordinance” to help prevent further spread of COVID-19. The updated bill expands the mayor’s power to respond to the outbreak. City Councilors Isaac Benton, Diane Gibson, Cynthia Borrego, Klarissa Peña and Lan Sena voted Yes to pass the legislation while City Councilors Brook Bassan, Don Harris and Trudy Jones voted NO.

It was on March 11, Governor Michelle Lujan Grisham became the first New Mexico Governor to invoke the 2003 Public Health Emergency Response Act (PHERA), issuing an Executive Order declaring a “public health emergency” giving her administration broad powers to deal with the coronavirus.

Passed in the 1960s by the then 5 member city commission, the Civil Emergency Powers ordinance was initially passed to address potential widespread rioting. The original bill includes many provisions that would be unenforceable today, such as closing down gun stores and gas stations.

The city’s Civil Emergency Powers currently limits emergency powers to situations like riots and natural disasters. The amendments essentially update the existing ordinance adding a public health provision to the provisions governing disasters like earthquakes and riots. The rules governing disasters like earthquakes and riots do not apply to this type of situation.

The new ordinance broadens the mayor’s “emergency powers”. Under the ordinance, the mayor could invoke specific powers like reallocating city resources to combat the epidemic and ordering the closure of streets, day cares and places of “mass assembly” like theaters and sports venues. The mayor could also require retailers to set limits on how many “medical, health and sanitation” products they sell to one person per day.

Under the changes to the “Emergency Powers Ordinance” the Mayor can declare a public health emergency for up to 7 days. While the mayor can issue the proclamation, the City Council is given the authority to amend, cancel or extend the order. The city council is also given authority to reverse any decision declared by the mayor. The powers granted to the mayor would only last for 30 days, but could be lengthened or shortened by the city council.

https://www.abqjournal.com/1432865/city-council-approves-emergency-powers.html

The Mayor will now have the authority to close streets, limit the quantities of certain items sold at stores and close places where big gatherings happen such as places of worship. It also gives the Mayor power to close city facilities, relocate city staff and divert funding around to deal with a crisis. However, the ordinance does not let a Mayor seize private property or put individuals in quarantine. The emergency power would join others the mayor has like declaring a civil emergency if there is a riot or a natural disaster.

City spokeswoman Jessie Damazyn issued the following statement on behalf of Mayor Keller’s Office:

“If we declare a public health emergency, it will be to tap into state and federal funding and allocate resources to limit the impact of COVID-19 on our entire community. The declaration would be in step with the President of the United States, the Governor of New Mexico, dozens of other states and cities around the country including the Mayor of Rio Rancho who have already made such declarations. The legislation [passed] … tonight, does not ban gun sales, confiscate guns, prohibit liquor sales, nor does it implement a curfew or close streets, and the Mayor’s declaration will not either. Anyone suggesting otherwise is wrong, period. Stoking fear and mistrust will only harm our efforts to fight this public health emergency as a unified community.”

https://www.kob.com/albuquerque-news/albuquerque-city-council-votes-in-favor-of-amending-emergency-powers-ordinance/5675979/?cat=500

OPPOSITION CONCERNS

Paul Gessing, President of the conservative Rio Grande Foundation, expressed opposition to the ordinance raising concerns about city leaders abusing the bill’s power and had this to say:

“I think everybody is willing to compromise. We don’t want to act rationally in ways that dramatically empower government and policy makers in ways that¬—maybe they’re best of actors—but they’re potentially giving them abusive powers to act in the future and I don’t want that to happen.”

Still others interviewed expressed objections that barring the public from the meeting violated constitutional rights. Some criticized the city’s decision to hold the meeting without an ordinary public audience. Terri O’Hare, a local advocate for the disabled community, said it essentially silenced community input and had this to say:

“If public comments remain shut down to just emails/online forms/letters written to councilors, with the hope they get read and not shuffled to some folder, our city suffers. … Our civil rights suffer and the public’s right to transparent and active participation in government takes a big hit.”

City Attorney Esteban Aguilar Jr. offered his legal opinon to the council and said the council had acted legally and appropriately.

https://www.krqe.com/top-stories/city-council-to-decide-on-expanding-emergency-powers-to-mayor/

AG HECTOR BALDERAS ISSUES GUIDELINES TO PUBLIC ENTITIES REGARDING OPEN MEETINGS ACT AND INSPECTION OF PUBLIC RECORDS ACT COMPLIANCE DURING COVID-19 STATE OF EMERGENCY

On Tuesday, March 17, the very day after the City Council meeting, Attorney General Hector Balderas issued “Guidance to Public Entities Regarding Open Meetings Act and Inspection of Public Records Act Compliance During COVID-19 State of Emergency” following is the press release in full:

For Immediate Release:

March 17, 2020
Contact: Matt Baca — (505) 270-7148

AG Balderas Issues Guidance to Public Entities Regarding Open Meetings Act and Inspection of Public Records Act Compliance During COVID-19 State of Emergency

Santa Fe,NM—Today [March 17], Attorney General Balderas issued the following guidance to public entities across the State of New Mexico regarding their ongoing obligations to comply with the Open Meetings Act (OMA) and the Inspection of Public Records Act (IPRA) during the state of emergency in New Mexico.

“The health and safety of New Mexican families is the number one priority across our State, but government must remain transparent and accountable, especially during a state of emergency,” said Attorney General Balderas. “All public entities should follow the guidance of public health officials and make any necessary adjustments to ensure compliance with our transparency laws during this time.”

The Office of the Attorney General continues to be available to any public entity that has questions or concerns about OMA and IPRA compliance, and will also continue to take OMA and IPRA complaints during the state of emergency.”

PRECAUTIONS ALREADY IMPLEMENTED BY CITY

City officials have already taken precautions to deal with the health crisis. The city had closed the Main Library in Downtown Albuquerque for a “deep cleaning” after it was reported that a library employee had a “rumored potential exposure” to the virus. The library has opened again.

On March 12, City and county officials announced activation of its “Emergency Operations Center and Joint Operations Center” to coordinate the local response to the virus.

https://www.abqjournal.com/1430500/new-bill-would-give-abq-mayor-more-emergency-powers.html

On March 15, the City of Albuquerque announced that it would continue essential services while maximizing distance between employees. It has also announced that all BioPark facilities will be closed through April 15.

On March 15, the City of Albuquerque announced the West side Emergency Housing Center will be kept open 24-hours a day until further notice. The center has begun screening and testing people who are using the shelter.

COMMENTARY AND ANALYSIS

The March 16 meeting of the City Council occurred the very day before Attorney General Balderas issued his guidelines. Notwithstanding, the City Council meeting did not comply even remotely with the requirements of a “virtual meeting” even had they tried because the chambers do not have video or telephone conference capabilities.

The Open Meetings Act is clear when it says “All meetings … of a quorum of members of policy making body of any … municipality … are declared to be public meetings open to the public at all times …” There is no “coronavirus” or disease exception, and there is no “declaration of health emergency” exception that would permit the city council to bar the public from a meeting.

The Open Meetings Act is equally clear when it says “No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policy making body shall be valid unless taken or made at a meeting held in accordance with the requirements [the Open Meetings Act].”

It is embarrassing and damn pathetic that not a single member of the Albuquerque City Council, especially Republican City Councilor Don Harris, who is a licensed New Mexico Attorney, did not question the propriety of excluding the public from the March 16 regularly scheduled city council meeting that was publicized and where the agenda was released as required by the Open Meetings Act. Further, the fact that the city council meeting was broadcast on GOV TV and the public could watch the meeting online and email, fax or hand deliver their comments to the councilors before the meeting started does not cut it and does not satisfy the requirements of the Open Meetings Act: that public are allowed to attend attend and listen to the deliberations and proceedings in person.

When City Councilor Diane Gibson asked the question “Keeping the general public out of this meeting and it feels weird just to have us, right?”, it was at worse an admission of guilt and at best an admission against interest. City Councilor Diane Gibson never disappoints being a total embarrassment to her constituents showing some of the highest level of ignorance of any city councilor, especially when it comes to the law.

https://www.krqe.com/top-stories/city-council-to-decide-on-expanding-emergency-powers-to-mayor/

According to City Council President Pat Davis, while the mayor can issue the proclamation, the City Council has the authority to amend, cancel or extend such an order and Davis boldly proclaimed the ordinance has “some of the most robust check-and-balance structures in city law.” Davis needs to leave the practice of law to licensed attorneys to avoid making a fool of himself. The actions of City Council President Pat Davis, who presided over the meeting and not knowing the council was in violation of the open meeting act, can be fully explained by his well earned reputation for knee jerk reactions based upon news events, his arrogance, and ill-advised actions of not knowing what he is doing.

What is extremely embarrassing, is that Mayor Keller’s appointed City Attorney and the Chief Administrative Officer, both who are licensed New Mexico attorneys, were attendance, sitting at the administration’s table directly in front of the council, and they did not object to the public being prohibited from attending the meeting. City Attorney Esteban Aguilar Jr. went so far to offer his legal opinion to the council and said the council had acted legally and appropriately. Apparently City Attorney Aguilar is not aware of the New Mexico Open meetings act.

Not that it is likely it will happen, but Attorney General Hector Balderas could initiate a criminal prosecution against each of those persons responsible for the violation. In other words, the entire Albuquerque City Council could be charged criminally.

EXPANDING EMERGENCY POWERS OF MAYOR

It is clear that the corona virus is a very infectious disease that is spreading like a wild fire throughput the world, the United States and now New Mexico. Given the magnitude of what is happing with the corona virus, it is understandable that the Albuquerque City Council would like to give the Mayor similar authority as the Governor. However, in time of crisis, cool heads must prevail otherwise it only makes matters worse and mistakes are made in a panic. It was a major mistake for the city council to rush in and enact a city ordinance reflecting a knee jerk reaction to the point that they ignored the “open meetings” act.

The reality is that if and when such a crisis occurs, especially a natural disaster such an earthquake or another pandemic, the Governor would probably issue an executive order declaring a public health emergency. The Governor could also make such a declaration apply only to affected areas. A Governor’s Executive Order would supersede any order by a Mayor under a city ordinance. Further a Mayors Executive order would apply only within city limits.

CONCLUSION

From a practical standpoint, the most prudent thing for the city council to have done to ensure compliance with Open Meeting Act would have been to postpone the meeting. The urgency of the legislation has been diminished significantly with the the city implementation of actions as well as the Governor’s actions.

The ordinance is in fact void and unenforceable. Mayor Tim Keller would be wise to veto the Emergency Powers measure in an attempt to render moot the fact that the city council violated the Open Meetings Act. But then again, Mayor Tim Keller will probably seek the legal advice of his appointed City Attorney and Chief Administrative Officer who failed to recognize a problem with the city council’s illegal conduct in the first place, and who knows what the hell they will tell him.

To those who are critical of this article and feel that what happened was “no big deal”, what is important to remember is that elected officials are not above the law. The enactment of the Open Meetings Act by the New Mexico legislature was motivated by the belief that the democratic ideal is best served by a well-informed public. Sunshine laws generally require that public business be conducted in full public view, that the actions of public bodies be taken openly, and that the deliberations of public bodies be open to the public.

For a related blog article see:

Its HEEEERE! Governor Michelle Lujan Grisham Declares Public Health Emergency; Ban On Public Events; Schools Closed For 3 Weeks; Catholic Church Services Cancelled

__________________

POSTSCRIPTS

With respect to the corona virus, government officials urged people to protect themselves by:

Washing their hands frequently with soap and water for at least 20 seconds
When coughing, use a tissue to cover your mouth when coughing or cough into the forearm of your elbow
Cleaning “high-touch” surfaces daily with regular household cleaners
Avoiding the sharing of personal household items and, when sick, staying home rather that going to work or school
Staying home when sick
Avoid large crowds and public events

Older adults and those with chronic illnesses are most at risk to contract the virus that could result in death from complications. Even healthy people not worried about getting sick should take steps to protect themselves and others. The strategy must be to limit the chance of transmitting the disease to persons who are more vulnerable.

On March 15, 2019, the Aging and Long-Term Services Department released a list of resources intended to answer frequently asked questions. According to their list:
If you are unable to leave your home and need prescription medication, call 505-768-2084, if you are in Albuquerque; 1-866-699-4927 if you are outside of Albuquerque; 928-871-6868 if you are on the Navajo Nation; 505-629-8544 if you are in another tribal area or Pueblo.
If you need to access benefits including Medicaid, Medicare or Disability Waiver Services, call the Aging and Disability Resource Center at 1-800-432-2080.
If you are an older adult who is caring for children and in need of resources, call the Aging and Disability Resource Center at 1-800-432-2080.
If you are worried about a loved one in a facility or worried about communicating with him or her, call the Long Term Care Ombudsman at 1-866-451-2901.
If you are in need of a meal, but are not able to get to a senior center or the center is closed, call you local senior center or 1-800-432-2080 with any questions.
If someone you know is experiencing an emotional, mental health or substance abuse crisis, call the New Mexico Crisis and Access Line at 1-855-662-7474.

https://www.abqjournal.com/1432121/coronavirus-updates-march-15.html.

The meaning of the term “caught flat-footed” is loosely defined as caught unprepared and taken by surprise. The usage comes from one or another sport in which a player should be on his or her toes, ready to act, but instead is not and loses the competition for failing to be prepared. Mayor Tim Keller was caught “flat footed” when it comes to UNM rejecting his preferred sight of UNM vacant land for the homeless shelter.

BACKGROUND

On February 27, the City of Albuquerque released a report and analysis announcing the top 3 preferred locations for the new 24/7 homeless shelter known as the “Gateway Center”. The 3 locations, in order of preference, were listed as follows:

1. University of New Mexico land next to the state laboratory, near Interstate 25 and Camino de Salud
2. Coronado Park at 3rd Street and Interstate 40
3. The former Lovelace hospital on Gibson

On February 28, Mayor Tim Keller held a press conference with local church leaders at the UNM vacant land and announced his support for building the 300 person “Gateway Project” for the homeless on the location.

During the Friday press conference Mayor Keller boldly proclaimed:

“Out on those hills out there, right on the other side of them, is one of our top three choices. I want to note that this is nowhere near campus. It is on UNM land, but it is very far from campus and so we want to kind of debunk that myth. … It is very different from students and the duck pond. This is not the city’s [land] and if the UNM community is not interested in sharing it then this will be off the table. … We’re working with them. We’re in discussions with them … and we’re essentially in a negotiation phase to see if we can come up with something that works for both of us. It might happen or it might not. Those are both 50% likely.”

https://www.abqjournal.com/1426375/keller-promotes-proposed-unm-site-for-shelter.html

On November 5, voters approved general obligation bonds of $14 million for a city operated 24-7 homeless shelter that will house upwards of 300. The actual cost will be upwards of $30 million. Mayor Keller asked the 2020 New Mexico Legislature for an additional $14 million to complete phase two of the project, but the 2020 legislature said no to the funding delivering a major blow to Keller’s plans for the shelter and indicating that Mayor Keller’s influence in Santa Fe has diminished for the former State Senator.

NOW THERE ARE TWO

On March 12, it was announced that the University of New Mexico was no longer interested in offering the empty lot they own off the I-25 Frontage Road for consideration as the possible site for Albuquerque’s new Gateway Center.

UNM President Garnett Stokes in a statement announcing the decision had this to say:

“In listening to the University community, it is clear that many people support UNM being a part of tackling the issue of homelessness and serving the various vulnerable populations in our City. Regarding the proposed use of UNM land, there was not a single variable that led to this decision. Ultimately, our concerns about enrollment and future needs of our health system had to be considered in our determination of whether the UNM site was appropriate for the City’s plans.”

UNM Regent President Doug Brown also commented on the decision:

“We want to do everything we can by way of services, but we did not feel the preferred site from the city was appropriate for our campus. … We had an enormous amount of resistance from neighborhoods, the (UNM Comprehensive) Cancer Center, the Children’s Campus and so on.”

Brown said UNM had received an outpouring of opposition urging the university officials not to allow the shelter to be built on campus. The university’s Campus Safety Council, a group that includes the dean of students, student body president and chief of campus police, was among the groups that strongly opposed that the shelter not be built anywhere at UNM.

People who live nearby the UNM site also expressed strong opposition to the site. Members of the Spruce Park Neighborhood Association attended a regents meeting and asked the board not to allow the facility to be built at the proposed UNM location.

Carol Pierce, Family and Community Services Department Director in a news release had this to say:

“With UNM eliminated for the main site, our focus shifts to logistics at Lovelace or Coronado, or a combination of the sites, to meet the needs of the homeless population and our city as a whole.”

Chief Administrative Officer had this to say in an interview:

“We’ve always known we’re going to have to work closely with any neighbors of any facility to make sure that we are addressing their security concerns, their concerns about the appearance of the facility, so that’s going to happen no matter where this thing goes.”

Mayor Tim Keller for his part issued the following statement about UNM’s decision:

“For all our public institutions, there is a moral opportunity to come together and make a difference on a growing problem that affects the entire community. With this option now off the table, we are convening elected officials from the City and [Bernalillo] County, as well as UNM, to work with us on the remaining options, or a possible combination of sites. We are continuing our collaborative efforts and are also dedicated to doing all we can with the funds we have to make a dent in all of our homelessness challenges.”

https://www.abqjournal.com/1431388/unm-land-no-longer-an-option-for-city-homeless-shelter.html

WHERE DOES THE SHELTER AND CITY GO FROM HERE?

City officials will now look closer to the two remaining sites and may consider using both. Critics of the city’s 300-bed shelter plan have instead proposed building a series of smaller facilities that would serve more targeted populations.

City officials are left with Coronado Park at Third and Interstate and the closed Lovelace Hospital facility on Gibson which is privately owned.

Following are details of the 2 remaining locations with analysis that made the city’s initial cut:

CORONADO PARK

According to a report released by the City on February 27, building the new shelter at Coronado would cost a total of $12.7 million. The city would need to buy abutting land, which may include office space across from the park, to have enough space.

The overwhelming number of those who completed the on line city survey chose the Interstate 40 and 2nd street location as the best area for the shelter with upwards of 31% of the respondents saying the area was the best location. The area is in the same general vicinity as Coronado Park, a city park that has attracted for years many homeless people and those that feed the homeless. The city uses the park as a pickup location for those needing rides to the West Side shelter. No other location site received even half of the number of votes.

For decades, Coronado Park has become an “encampment” or one of the most popular places for the homeless to congregate during the day and sleep at night. Many times, over the years, charitable organizations or “good Samaritans” have set up “food lines” for the homeless at Coronado Park. City and zoning health inspectors have been dispatched repeatedly to the park to try and curb the serving of hot food in the area in order to curtail potential health risk to the homeless and feeding them tainted food. At one time the American Civil Liberties Union even threatened to take action against the city over its efforts to curtail serving hot food to the homeless at Coronado Park.

Marit Tully, the president of the Near North Valley Neighborhood Association said at Thursday’s meeting that Coronado Park has seen major problem over the years due to the park’s existing concentration of people who are homeless. The neighborhood area she was referring to is located north of the freeway. Tully said area residents have for years raised concerns with the city, but the city has made s little improvement. According to Telly, her neighborhood association could not support any shelter site unless the city invests just as much in the chosen neighborhood.

https://www.abqjournal.com/1425469/city-releases-top-3-choices-for-new-homeless-shelter.html

Police over the years have been dispatched over and over to take action against the homeless at Coronado Park. The use of Coronado Park by the general public is scant or significantly curtailed. To succeed at the Coronado Park location and to have the lowest impact to the area would require sufficient safety precautions including security fencing and law enforcement or security surveillance of the area. The advantage is that the City owns the land and the location is far enough from the down town area to reduce impact to downtown and residential areas. The freeway still would act as a buffer to businesses north of it.

Opposition to the Coronado Park as the site for the new shelter is very strong. Wells Park Neighborhood association adamantly opposes to the city developing another major project geared toward homeless people in the area.

Wells Park Neighborhood Association President Doreen McKnight has said residents’ pleas for help from the city addressing the associated issues have gone largely unanswered by the city. The Wells park neighborhood association has voted to oppose placing the shelter anywhere in the city unless there are matching funds deployed to the selected location to help with infrastructure and to mitigate any potential problems.

According to McNight:

“While we absolutely see the need for a new shelter, and we support it and think it needs to be done, we have shouldered the brunt of concentrated homelessness in the area for decades with no real substantial help from the city.”

LOVELACE HOSPITAL COMPLEX ON GIBSON

According to the February 27 city report and analysis, the Lovelace Hospital Complex would be $14 million in acquisition and renovation costs.

Although the former Lovelace hospital on Gibson was not listed in the on line survey, 42 people who took the survey wrote it in as an option. It was not listed on the survey because the city did not have permission from the building’s owners to list it.

It was in 2007 Lovelace Medical Center closed down. It was later purchased by local private investors. The investors who purchased the former Lovelace Hospital on Gibson were Jimmy Daskalos and Nick Kapnison. Nick Kapnison is one of the owners of “Nick and Jimmy’s” Restaurant, Mikinos Creek Restaurant and El Patron Mexican Restaurant..

The Loveless facility is a 529,000-square-foot building and upwards of 50% of it is said to be vacant. According to one news report, an estimated $10 million in upgrades in the Lovelace Hospital Complex, including remodeling for specific tenants, improving common areas and the parking lot and installing a 540-ton cooling unit out back were made. Parts of the building date back to 1950 and what was then known as the Lovelace Clinic, and as a result the need for any asbestos remediation is subject to speculation and has not been reported on by the news media.

https://www.abqjournal.com/774956/medical-center-at-old-lovelace-hospital-might-expand-to-other-uses.html

COUNTY BEHAVIORAL HEALTH TAX

On Feb. 26, 2015, the Bernalillo County Commission approved a 1/8 % gross receipts tax increase on a 3-2 vote to fund new behavioral and mental health services to improve access to mental and behavioral health care services in the county. The tax generates approximately $20 million annually.

When enacted, the county commission announced the intent for the tax was to invest the funding “in proven ways to better manage the high cost of addiction, homelessness and mental health problems”. According to a county commission announcement, “these issues impact families throughout the community and drive up the cost of public services, especially at the Metropolitan Detention Center.” The gross receipts tax costs shoppers one cent on a $10 purchase of goods and services.

https://www.bernco.gov/uploads/files/BH%20news%20release%20PDF.pdf

The 1/8th% gross receipts tax was supposed to be used for the purpose of providing more mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area. The intent is to provide a safety net system for those in need of mental health not otherwise funded in New Mexico.

Since enactment of the tax in 2015, the tax has generated $91.6 million. The county has spent $20 million of the money but has earmarked the bulk of what it amassed for one-time expenditures. Those expenditures include $30 million for a new crisis triage center, $12 million for supportive housing and $4 million for the Bernalillo County CARE campus, formerly known as the Metropolitan Assessment and Treatment Services center, or MATS. The renovations to the CARE campus when complete will create an outpatient behavioral health clinic and living room space for peer-to-peer counseling sessions.

On February 17, 2015, when the Bernalillo County Commission approved the tax, it failed to develop a plan on how all the money would be used, including not identifying services to be provided, location of facilities and qualifiers to obtain the services offered. As a result of having no spending plan or identifying priorities, the tax has been collected but not spent and upwards of $70 million in tax revenue has accumulated and just sits in a county account unused and the amount is growing. According to the latest figures from the Department of Behavioral Health Services, money is encumbered for one-time expenditures including $30 million earmarked for a future crisis triage center and $12 million for supportive housing, but nothing for a homeless shelter such as the “Gateway Project”.

https://www.abqjournal.com/1401895/county-detox-center-evolving.html

COMMENTARY AND ANALYSIS

Confidential sources within city hall are saying Keller was genuinely caught off guard, surprised and upset when UNM President Garret Stokes told him in a private conversation that UNM decided to say no to the project. After all, he is the Mayor, he had done a press conference to announce his preferred site and giving unequivocal support for the UNM property for his priority project. In Keller’s mind that should have done the trick to convince UNM to go along.

Keller’s public relations stunt failed him. It was on Friday, February 28, that Mayor Tim Keller held his press conference with local church leaders at the vacant land and announced his support for building the 300 person “Gateway Project” for the homeless. No doubt Mayor Tim Keller is anxious to get a start on his new shelter, but holding a press conference with “church leaders” who are not even parties to a transaction was a major mistake. Confidential UNM sources have said UNM President Garrett Stokes and a few regents were not at all happy with Keller using a press conference to pressure the university to agree to the putting the shelter on UNM property.

Keller holding the press conference with church leaders and using words such as “if the UNM community is not interested in sharing it [with the community] then this will be off the table” smacked of trying shame and force a party’s hand to agree to something they do not want to agree to and who have extreme reservations about the project. Holding a press conference is something you do not do when you’re in the middle of negotiations with an entity and when 2 other sites are also under consideration. Now that UNM has rejected his plan, Keller proclaims “For all our public institutions, there is a moral opportunity to come together and make a difference on a growing problem that affects the entire community” knowing full well the two remaining sights involve city property and a privately owned property and no other government entity.

As noted, the county has accumulated upwards of $70 million dollars from the behavioral health tax that has yet to be used. Keller has never announced any efforts he has made to get the Bernalillo County Commission to assist with the building of the city homeless shelter, yet he had no problem attempting to get funding of $14 million from the 2020 New Mexico legislature and he failed.

You always know when Mayor Tim Keller has been caught “flat footed” whenever he does not get his way, things do not go as planned or he wants to avoid controversy by responding to questions from the press. Under such circumstances, Keller issues a press release instead of holding one of his many press conferences. Such is the case with what happened when UNM rejected his plan to use the UNM vacant land.

In his press release, Mayor Keller announced the city is only now convening a working group that includes UNM, county administrative leaders and elected officials to work out remaining details on a site, design, construction, and operation for the Gateway Center. Such a working group of city, county, UNM and elected officials should have been done long ago. No names were announced.

You would think Mayor Keller, with his penchant for press conferences, would have held yet another a press conference to introduce all members of the working group, but then again, he is probably scrambling to find people to appoint. The working group is likely just another public relations afterthought to save a little face for the Mayor as he seeks a second term.

Below is the Albuquerque Journal March 14 Editorial with link followed by the link to my March 9 blog article entitled “Governor Lujan Grisham Signs PERA Pension Reform Measure To Fix Fabricated Crisis Created By Her Appointed Pension Reform Task Force”

Editorial: Much-lauded state pension ‘fix’ is really just a Band-Aid
BY ALBUQUERQUE JOURNAL EDITORIAL BOARD
Saturday, March 14th, 2020 at 12:05am

There was plenty of self congratulation when the Legislature passed and the governor signed New Mexico’s latest “fix” for the state’s chronically underfunded public employee pension system. It pumps in a one-time cash infusion of 55 million in tax dollars, freezes and limits cost-of-living adjustments for two years, moves to a profit-sharing model for COLAs – based on investment success – and bumps up contributions by both employees and government employers – aka taxpayers.

Ivey-Soto is right. This hard discussion can only be put off for so long. The taxpayers of this state, and the public employees, deserve a real “fix.”

https://www.abqjournal.com/1431680/muchlauded-state-pension-fix-is-really-just-a-bandaid.html

Below is the link to my March 9 blog article entitled “Governor Lujan Grisham Signs Pera Pension Reform Measure To Fix Fabricated Crisis Created By Her Appointed Pension Reform Task Force”

Governor Lujan Grisham Signs “PERA Pension” Reform Measure To Fix “Fabricated Crisis” Created By Her Appointed Pension Reform Task Force

On March 13, the Albquerque Jounral Published my guest editorial comment on New Mexico’s newly enacted “Red Flag” law. Following is the column and the link to it:

Resign if you can’t enforce NM’s red flag law
BY PETE DINELLI / FORMER PROSECUTOR, ALBUQUERQUE CITY COUNCILOR AND CHIEF PUBLIC SAFETY OFFICER
Friday, March 13th, 2020 at 12:05am

Gov. Michelle Lujan Grisham signed the “Extreme Risk Firearm Protection Order Act” also known as a “red flag” law. She said that any elected county sheriff who refuses to enforce the law should resign.

They should.

“Second Amendment Sanctuary” resolutions have been enacted by 27 county commissions to prevent enforcement of gun control laws. The blunt truth is the resolutions exceed county commission authority and are null and void.

Thirty of the state’s elected sheriffs opposed the Extreme Risk Firearm Protection Order Act, arguing it violates the Second Amendment right to bear arms, the Fourth Amendment right against unreasonable search and seizure and the 14th Amendment depriving “any person of life, liberty and property, without due process of law.” The three amendments are cited by gun fanatics to oppose meaningful gun control. Each separately and together have limitations and exceptions subject to court interpretations.

Virtually every Republican in the House voted against the bill. As Republicans cast their votes, they held up copies of the Constitution. Democrats should have held up copies of death certificates to symbolize suicides and dead victims of domestic gun violence. The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

The new law allows for court-ordered seizure of guns from individuals deemed an imminent danger to themselves or others. Law enforcement officers, acting on information provided by a relative, school administrator or employer, can exclusively seek a court order prohibiting someone from having firearms. The petition must be based on “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” If granted, a court can order the temporary seizure of firearms for up to 10 days and until a hearing can be held. After a hearing, the order could be extended one year. It’s “due process of law.”

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Seventeen states have adopted “red-flag” laws, with 13 states passing them since the Parkland High School shooting killed 17 people.

Given New Mexico’s high suicide rates, domestic violence killings and the threat of mass shootings, it is shameful elected county sheriffs are more concerned about “Second Amendment rights” believing anyone, including those who pose a harm to themselves and others, should have the right to a firearm of their choosing. Elected sheriffs hide behind the Second, Fourth and 14th amendments so as not to protect or enforce the rights of others who have the rights of “life, liberty and the pursuit of happiness” guaranteed as much under the Constitution as the right to bear arms.
In the violent world of domestic violence, mass shootings, mental illness and suicide, elected sheriffs who oppose meaningful gun-control legislation the red flag law represents are negligent in performing their duties and responsibilities to serve and protect the general public. They choose to promote their own fanatical pro-gun political philosophy and their own personal interpretation of the law and constitutional rights.

County sheriffs who refuses to enforce the new red flag law need to resign immediately and allow county commissions to vet and appoint their replacements. Too many have died in New Mexico from suicides and domestic violence to the point that gun-rights fanaticism placing perceived gun rights over victims’ rights has no place in law enforcement.

On March 11, Mayor Tim Keller announced the appointment of Thanh-Lan “Lan” Sena to fill the District 1 City Council seat held for 14 years by Ken Sanchez, who passed away weeks after a medical event in November. She was vetted by a committee and Mayor Keller interviwed the applicants before making the selection.

Sena, who is Vietnamese, will be the first Asian American to serve on the council. She will also be the first woman to represent City Council District 1. District 1 is referred to as the Westside City Council District and includes most of the area west of the Rio Grande between Central and Montaño. According to the mayor’s office, City Councillor Sena is a West Side neighborhood leader and activist, she is a health care advocate and a three-time cancer survivor. In her application letter, Sena said she has advocated for earned paid leave, democracy reform and language accessibility. According to Sena, her mother arrived in Albuquerque as a refugee from a war-torn nation. She was four months pregnant and didn’t know anyone in the city. She said Albuquerque embraced her mother.

OTHER APPLICANTS

There were a total of 16 applicants for the City Council District 1 Position. Those applicants were:

1. Barbara Baca, the former City Parks and Recreation Director, now retired, and . elected member of the Middle Rio Grande Conservancy District board. Baca is also the daughter of long time former Albuquerque City Councilor Pat Baca who was Ken Sanchez’s predecessor on the City Council.

2. Michael Gallegos, former Las Vegas, N.M., City Councilor who served for 12 years.

3. Daniel Green, a grocery store supervisor.

4. Kristopher Finfrock-Martinez who lives in Tijeras but disclosed he has lived in District 1 before and plans to move back. The city charter mandates that City Councilor must be residents of their Districts so he in all likely is disqualified. Mr. Finfrock-Martinez has said he is a “proud supporter” of Republican President Donald Trump.

5. Michael Gary Garcia, a pharmacist who has said he graduated with Sanchez from West Mesa High School.

6. Attorney Damian Lara, a 2018 Democratic primary candidate for the city’s U.S. House of Representatives seat vacated by now Governor Michelle Lujan Grisham.

7. Angelo Lujan, who interned in the Mayor’s Office under both Mayor Berry and Mayor Keller and who now works for a nonprofit that helps people with disabilities.

8. Jaclyn Sanchez, Councilor Sanchez’s daughter and a local salon owner.

9. Victor Segura, a small-business owner who was also a city hall appointee of Mayor Martin Chavez.

10. Dan Serrano, current member of the city’s Environmental Planning Commission and founder of the ABQWest Chamber of Commerce.

11. Melonie Mathews, program director for the Gathering of Nations Ltd.

12. Andres Rivera, a University of New Mexico School of Law student.

13. Jeff Turcotte, a coach and activities director for St. Pius X High School.

14. Dr. Joe Valles, a dentist and former president of the West Side Coalition.

15. Pete Zollinger, longtime Democratic Party political activist who ran for congress and the Democratic nominee against former Republican United States Congressman Steve Schiff.

COMMENTARY AND ANALYSIS

Congratulations to City Councilor Thanh-Lan “Lan” Sena as she begins a great adventure in the rough and tumble city hall politics. Good luck to her as she begins her city political career.

Mayor Tim Keller’s appointment of Thanh-Lan “Lan” Sena to fill the District 1 City Council seat held for 14 years by Ken Sanchez is without a doubt one of the most critical appointments of his tenure as Mayor. The fact that there are 15 other applicants for the political appointment means that it is likely one or more of those applicants have been alienated by the appointment.

Mayor Keller has already made it known that he is seeking a second four year term as Mayor in 2021, and newly appointed City Councilor Thanh-Lan “Lan” Sena will also be required to run next year if she wants to serve a full 4 year term in her own right. Given the number of applicants, it is more likely than not that one or more of those applicants will run against City Councilor Thanh-Lan “Lan” Sena.

With only one year before she has declare to run if she wants, she will have to learn quickly what’s going on the city council to avoid making a mistake that can cost an election bid.