On Tuesday, November 26, Mayor Tim Keller and APD Chief Michael Geier held a press conference to announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. On December 9, 2019, the city recorded its 74th homicide, the all time record of homicides in one year in the city’s history. The previous record was in 2017 with 72 murders. Before 2017, the last time the City had the highest number of homicides in one year was in 1996 with 70 murders that year.

Keller dubbed the new program “Metro 15 Operation”. It is part of the Violence Intervention Program (VIP) program Keller announced the week before. According to Keller and Geier the new program will target the top 15 most violent offenders in Albuquerque. In other words, it’s the city’s version of the FBI’s 10 most wanted list. According to Keller, the top 15 are identified by the Bernalillo County District Attorney’s Office and other agencies. Once a violent offender is caught, another violent offender will be added to the list.

According to APD Chief Geier, the Metro 15 the operation is different from similar tactics because the agencies, including the Attorney General’s Office, the District Attorney’s Office, the Office of Superintendent of Insurance, and state Probation and Parole, have narrowed their focus to where they believe they’ll have the most impact and identifying people for the list. Chief Geier also said APD will be tracking down the Metro 15 by visiting their addresses and former addresses, knocking on doors and talking to friends and relatives.

FIRST “METRO 15” ANNOUNCED

On Thursday, December 12, the Albuquerque Police Department released the first of the 15 most wanted suspects. The names of 3 of the most wanted were submitted by the Office of Superintendent of Insurance and 10 names on the Metro 15 list were provided by Bernalillo County District Attorney Raul Torrez’ office. According to Adolfo Mendez, the chief of policy and planning with the DA’s Office:

“To identify individuals for the list, our office reviewed defendants with a violent history who had active warrants and a viable open case. … A primary consideration was whether our office had previously moved to detain the individual. We subjected each warrant to a vetting process to verify the status of the warrant and evaluated the strength of the available evidence.”

The “Metro 15” were identified as follows:

• Jesus Cereceres-Trijo
• Chantelle Tapia
• Lawrence Chavez
• Daniel Drake
• Edward Laird
• Gerald Marquez
• Manuel Ortega
• Eric Peralta
• Russell Kimber
• Santana Downey
• John Trujillo
• Ahmad Williams
• Richard Howell
• Michelle Glascock
• Jamil Lewis

It turns out authorities already had made an arrest of one of suspects 10 days before. Edward Laird, 54, has been in the the Santa Fe County jail since Dec. 2 on warrants related to property crime cases. The name of Edward Laird was submitted by the Office of Superintendent of Insurance but Laird’s warrant had not cleared from the system.

https://www.kob.com/albuquerque-news/metro-15-police-release-list-of-the-top-15-offenders-in-albuquerque-/5576921/?cat=500

FOUR ARRESTED

On December 19, the Albuquerque Police Department announced it has arrested four people from its first group of Metro 15.

The most recent arrest was that of 21-year-old Jamil Lewis who had previously been wanted under the Analysis-Led Recidivism Team (ALeRT) program that identified serious repeat offenders. According to an APD spokesman, Lewis has been wanted for multiple felony warrants since September 2019 on charges of receiving and transferring a stolen motor vehicle, racketeering, possession of a controlled substance, and most recently was charged with drug trafficking.

The other three Metro 15 offenders who were arrested include Manuel Ortega and Eric Peralta, and Edward Laird who had been arrested 10 days before the first Metro 15 list was issued.
APD and the District Attorney’s office has yet to identify replacements for the 4 arrested.

https://www.krqe.com/news/albuquerque-metro/new-apd-program-makes-fourth-arrest/

https://www.abqjournal.com/1402916/four-metro-15-offenders-arrested.html

“METRO 15” NOT ALL VIOLENT

The Metro 15 is supposed to be a list of the most wanted “violent offenders” in Albuquerque that are on the loose. The goal is to advertise their names to the public in hopes of securing tips so APD and law enforcement can make an arrest.

According to Violence Intervention Division APD Commander Mizel Garcia the suspects are considered “drivers of violence” who have a connection to guns and gun crimes and he explained it this way:

“I [give] the example of … the burglar who is breaking into homes … specifically targeting weapons and in turn selling them to either other known offenders, violent offenders and potentially gang members. … This is a driver of violence, because he’s providing these weapons. Plus, the subject himself has a background of crimes against our community.”

In an Albuquerque Journal report, it was found that three of the “most violent” offenders in Albuquerque were given to APD by the Office of the Superintendent of Insurance (OSI). A review of court documents that the Metro 15 appear to be wanted on warrants stemming from a range of charges, including shooting at or from a motor vehicle, armed robbery and drug possession.

According to the article “Two didn’t appear for arraignments and another suspect cut off a GPS monitor and never showed up to court. One pleaded no contest to second-degree murder in 2002 and was sentenced to 10 years in prison. He was released and has since violated probation multiple times, according to court documents.”

https://www.abqjournal.com/1400750/apd-rolls-out-metro-15-list-of-most-wanted.html

RE-BRANDING OF EXISTING PROGRAM EFFORTS

Much of the “Metro 15” is nothing more than a re-branding and is similar to other programs Keller announced and in particular the “Shield Unit” and the “Alert Program.

THE SHIELD UNIT

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office. The unit originally consisted of 3 paralegals. It was announced that it is was expanded to 12 under the 2019-2020 city budget that took effect July 1, 2019.

According to a June 6, 2019 press release issued by the city expanding the Shield Program:

“In addition to providing police reports [to the DA’s office], the unit orders and provides the audio from 911 calls and dispatch logs, all reports and dispatch records mentioned in any report, all documents referenced, copies of any photos/CDs/DVDs/USBs which are tagged into evidence, and copies of any items tagged into evidence which can be copied, … They often contact businesses for any surveillance video of events, and receipts for damage which occurred. All of this together provides the DA with a solid case to prosecute.”

The city press release proclaimed that throughout 2018, the Shield Unit provided discovery documents for 2,871 felony cases and in 2019 it has provided discovery for 2,787 felony cases. The Shield Unit works on felony cases for officers across the department, except in cases involving homicide, vehicular homicide, gangs and vice. The unit is expected to work on discovery for about 6,000 cases by the end of the year.

THE AleRT Program

Over two years ago, the previous Republican administration created the ALeRt Program to work in conjunction with the City’s Real Time Crime Center. ALeRT stands for Analysis-Led Recidivism Team. Albuquerque, Bernalillo County, the District Attorney’s Office and the FBI partner for the project and it is based out of the City’s Real Time Crime Center.

The AleRT program is a team of crime analysts working at APD headquarters whose aim is to quickly flag people who are arrested that police considered “habitual offenders” and alert prosecutors and detectives so that they can aggressively prosecute the case. Fifty people were originally flagged by ALeRT analysts. To narrow the list of targets, the team consider only the previous three years when studying a person’s criminal history to see if he or she should be flagged upon arrest.

At the time of its creation, APD officials said the habitual offenders in the ALeRT system had been arrested on felony charges about 350 times in the previous three years. Repeated arrests, especially arrests for violent crimes and crimes that are increasing in Albuquerque, such as auto theft, can land someone on the ALeRT list.

It was on June 13, 2017 that the success of the ALeRT program was hailed by the previous Republican Administration as APD’s answer to repeat offenders when two repeat offenders were arrested under the program.

https://www.abqjournal.com/1017588/alert-program-may-cut-recidivism.html

Two years later and on April 12, 2019 it was reported that the ALeRt program still exists. According to APD spokesman Gilbert Gallegos:

“It’s working really well … essentially, it’s a something driven by our real-time crime center but involves a great partnership with a lot of different folks.”

According to Gallegos, there has been a dramatic increase in the number of repeat offenders getting convicted as a result of the program. Additionally, the program prioritizes suspects accused of stealing cars or violent crimes.

https://www.kob.com/albuquerque-news/apd-continues-to-stop-repeat-offenders-with-alert-program/5315558/

COMMENTARY AND ANALYSIS

Mayor Keller and Chief Michael Geier have now announced 4 separate programs within nine months to combat our city’s violent crime and murder rates. Those programs are:

1. THE SHIELD UNIT
2. DECLARING VIOLENT CRIME “PUBLIC HEALTH” ISSUE
3. “VIOLENCE INTERVENTION PLAN” (VIP)
4. THE “METRO 15”

Both Mayor Keller are beginning to look desperate to portray themselves as being proactive when they announce new programs within days after major crime news. They also are beginning to look foolish when they hold press conference after press conference to announce new programs that are nothing more than re-branding of existing programs, such as the “Shield” and ALeRT programs, and calling it the “Metro 15.”

Sooner rather than later, citizens demand and want results. No amount of data collection, public relations or nuance programs are going to satisfy those demands or make people feel safe.

Perhaps with the arrest of 4 of the Metro 15, the Keller Administration has finally hit on a successful program to help bring the City’s violent and murder rates down, even though it’s a re-branding of already implemented programs.

On January 21, 2020, the 30 day New Mexico legislative session begins. The 30-day session is referred to as the “short session” which are held in even number years while 60-day sessions occur in odd number years. Thirty-day sessions are limited to budgetary matters and issues approved for consideration and placed on what is referred to as the Governor’s call. Revenue bills, such as taxation, may also be considered during 30-day sessions. State lawmakers have already pre-filed nearly 90 bills ahead of the upcoming legislative session, but what actually gets put on the agenda is totally up to Governor Michelle Lujan Grisham.

https://www.kob.com/albuquerque-news/state-lawmakers-pre-file-nearly-90-bills-ahead-of-legislative-session/5586359/?cat=500

This blog article is an in-depth report on the Governor’s 2020 legislative priorities.

AMBITIOUS AGENDA

On December 18, Governor Michelle Lujan Grisham announced in part what she referred to as an “ambitious” agenda for the 2020 legislative session. Among the legislation she intends to propose are bills calling for the legalization of recreational cannabis, parole reform and what she referred to as a “temporary gun seizure” law. The Governor has been meeting regularly with legislative leaders during the year and will continue to do so up and until the 2020 session begins on January 21, 2020.

EDUCATION PRIORITIES

On Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled that the state of New Mexico is violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The Judge found that it was clear that many New Mexico students are not receiving the basic education in reading, writing and math they should be receiving in our public-school system.

As a result of the State Court ruling, the 2019 legislature approved a whopping $3.2 Billion public education budget, a 16% increase over the previous year’s budget, out of the total state budget of $7 Billion. Included in the budget was a $500 million in additional funding for K-12 education and increases in teacher pay.

A major priority of Governor Lujan Grisham in the 2019 legislative session was the creation of a new “Early Childhood Department” starting in January 2020. Funding for the new Department is now a priority during the 2020 session. The new department will focus state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

On December 19, during a town hall meeting in Albuquerque with parents, teachers and others, and joined by her department heads for public education, higher education and early childhood education and care, the Governor outlined her education priorities for the 2020 legislative session. Three major legislative priorities include:

1. A new scholarship program called “Opportunity Scholarship” that would cover the cost of tuition for students enrolled at New Mexico colleges and universities. The scholarships are expected to cost $25 million to $35 million. The scholarships offered will be aimed at covering the remaining gap for students after other awards and scholarships, including New Mexico’s lottery program scholarships or other sources.

2. A new $300 million endowment fund that would help pay for early childhood education services. The endowment would increase state spending on prekindergarten, home visiting programs for new parents and other early childhood services. Lujan Grisham described the endowment proposal for early childhood programs as a “prudent way” to expand spending on prekindergarten and reach “universal pre-K” that prepares every child to start school.

3. Increased funding to help at-risk students and additional pay raises for educators in public schools.

https://www.abqjournal.com/1402671/governor-highlights-education-initiatives-at-abq-town-hall.html

THE LEGALIZATION OF RECREATIONAL CANNABIS

On March 7, 2019 the state House passed House Bill 356 (HB 356) with a two-vote majority of 36 to 34 that would have legalized the recreational use of marijuana. HB 356 bill included a provision for state run and regulated stores. House Bill 356 was a broad marijuana legalization proposal and dedicated some of the tax revenue from cannabis sales to research into cannabis impairment, purchasing roadside testing equipment for law enforcement and to train police officers as drug recognition experts when drivers are stopped. Every Republican Representative in the House voted against HB 356 joining 10 Democrats in opposition to it. The bipartisan proposal to allow cannabis sales at state-run shops narrowly cleared the state House but failed to make it through the Senate.

After the Legislature adjourned on March 21, 2019, Governor Michelle Lujan Grisham announced she would add the issue of legalizing recreational marijuana use to the 2020 legislative agenda. To that end, on June 28, 2019, Governor Michelle Lujan Grisham announced the creation of a “Cannabis Legalization Working Group.” The task force consisted of 19 members including the Democratic and Republican legislators who sponsored the unsuccessful legislation and included representatives of a labor unions, sheriff’s department, health care business, Native American tribes, medical cannabis businesses, a county government association, and commercial bank and hospital company.

On August 15, 2019, the Governor’s Cannabis Legalization Working Group was told by a consultant that if recreational marijuana is legalized in New Mexico, the state can expect out-of-state tourism and the reduced stigma and other factors to help fuel sales of recreational marijuana. It was reported that the demand for recreational marijuana and related cannabis products has far outpaced expectations in the State of Colorado since it was made legal. It was estimated the annual revenue for state and local governments could hit $120 million in five years, well beyond what legislative analysts estimated earlier this year. The market will also depend on the tax structure and the of regulatory decisions that will have to be implemented.

https://www.petedinelli.com/2019/08/20/legalizing-recreational-pot-will-be-economic-boost-to-new-mexico/

On September 10, 2019, the Governor’s task force endorsed and recommended a traditional licensing system for private companies that would grow and sell marijuana. The state would not operate retail stores. The licensing system is the same system as used for the State’s medical cannabis program. The proposal is a complete shift from the legislation that advanced through the state House last session where Democratic lawmakers embraced the idea of state-run cannabis stores as a part of a compromise with Republicans.

https://www.abqjournal.com/1364425/pot-task-force-recommends-licensing-system.html?fbclid=IwAR1Fc82VYfGAAw014_cRb2aqpeMbuXtmagRB5-bzszosfooTTUpWvSy00y8

According to Governor Lujan Grisham, a recent poll showed 76% of New Mexicans are in favor of recreational marijuana. However, the poll does not mean lawmakers will be able to agree on a plan that best benefits New Mexico. In interviews, the Governor has acknowledged that winning approval of the marijuana legalization plan will be difficult. She believes the Senate will be the biggest hurdle and she had this to say:

“I think cannabis [recreational legalization] is going to be really hard [and] it should be. That is not something to run into without being really clear. … If I have it on the call, I’m serious about getting it passed”

https://www.abqjournal.com/1402676/governor-finishing-legislative-agenda.html

https://www.koat.com/article/will-recreational-pot-be-legal-in-new-mexico-in-2020/30301730

PERA SOLVENCY MEASURES

The Public Education Retirement Association (PERA) is the legislative created and state regulated retirement association for all state, county and municipal government employees. PERA administers the pension funds for active, inactive, and retired public employees in New Mexico. PERA includes state, county and municipal plans, firefighters, police officers, blue collar workers and various municipal plans.

PERA pays pensions to more than 40,000 retirees and also has upwards of 50,000 active members who are working and paying into the system. PERA manages a $15 billion pension fund and income from fund investments helps pay pensions owed.

Over the last few years, it has been reported that PERA is in serious financial trouble because of long term liabilities of benefits to paid retirees in the future will exceed literally by the billions the funds that are available. PERA’s estimated unfunded liability, which is the gap between future retirement benefits owed and expected future assets on hand, has increased over the past four years from $4.6 billion to $6.6 billion in unfunded liability.

The PERA’s retirement system’s funded ratio, which is the plan’s assets divided by its liabilities, is now at 70%. The PERA governing board has set the goal to reach 100% funding of liabilities by the year 2043. The PERA pension system’s $6.6 billion in unfunded liabilities, or shortfall, has already damaged New Mexico’s credit rating.

For the 2020 legislative session, Governor Michelle Lujan Grisham has endorsed a complex proposal to overhaul New Mexico’s chronically underfunded PERA proposed by Democratic legislative leaders. The proposal builds on the work of a PERA task force established by the governor with some major changes. The most controversial recommendations by her task force involved the 2% cost of living (COLA) currently guaranteed to all retirees.

According to media reports, the legislation will establish a “profit-sharing” model for the annual cost-of-living adjustments that most retirees now receive. Rather than an automatic 2% increase in their pensions each year, the actual amount would fluctuate, anywhere from 0.5% to 3%, depending on investment returns.

Under the proposed legislation, government employers and employees will pay more into the system with a schedule that phases in higher contributions. Other changes will help retirees who are older than 75, disabled or receiving pensions of less than $25,000 a year, despite 25 years of service.

With respect to annual cost-of-living adjustments, they would be increased by half a percentage point to 2.5% for retirees who are 75 or older. This was a change made after requested by Governor Lujan Grisham.

Under the proposed legislation, many retirees would receive a temporary reduction in their cost-of-living increases. For 3 years, retirees would get an extra check equal to 2% of their pension. Such a “one lump” sum payment in one check would eliminate the compounding effect of having each 2% build on the previous 2% increase.

The PERA reform legislation also calls for injecting $76 million in state funding into the system to cover the cost of the extra checks. According to PERA officials and legislative finance analysts, the net effect would be an immediate $700 million reduction in the pension system’s unfunded liability.

The retirement system’s funded ratio is now about 70% and the legislative changes are aimed at wiping out the liability within 25 years resulting in 100% funding of future liabilities.

https://www.abqjournal.com/1397498/governor-key-legislators-endorse-pension-changes.html

PUBLIC SAFETY

In her proposed 2020-2021 budget Governor Michelle Lujan Grisham is expected to ask for enough funding for 60 additional New Mexico State Police Officers. Such an increase in personnel will give the governor the option to do more with the “Fugitive Apprehension Unit” as well as to conduct law enforcement surges as was done in Albuquerque.

There are more than 660 State Police officers across New Mexico. Right now, only about 60 of them are stationed in the Albuquerque area district, which covers 6 counties. On December 18, Albuquerque Republican State Senator Sander Rue went on record saying he wants the New Mexico State Police to have a larger presence in Albuquerque for at least a year to help the understaffed Albuquerque Police Department (APD) tackle crime. Senator Rue wants 30 more State Police officers in Albuquerque as early as next summer. Legislation he is advocating would increase that number up to 90, with at least 30 of them designated to only Albuquerque.

https://www.krqe.com/news/albuquerque-metro/state-lawmaker-proposes-adding-30-state-police-officers-in-albuquerque/

On May 10, the Governor announced she was assigning 50 New Mexico State Police officers from across the state to work in Albuquerque to conduct a law enforcement surge to help combat violent crime. The surge lasted approximately 3 weeks and resulted in 738 arrests for felony or misdemeanor warrants. Based on the number of arrests, the surge was a success.

However, most of the cases involving the State Police were dismissed but many can still be refilled by prosecutors. An analysis found that 52% of the cases were dismissed for a variety of reasons, including deficient paperwork or a lack of evidence. A number of the cases were dismissed because state police officers did not show up to scheduled court hearings. Many of the State Police officers were not assigned to Albuquerque permanently had had to return to their assignments in other communities, which explains their failure to appear at scheduled proceedings.

https://www.kunm.org/post/most-cases-state-police-albuquerque-surge-dismissed-new-mexico-aims-foster-trust-census

Two NM State Police Officers were involved with shootings during the surge that resulted in severe criticism by the American Civil Liberties Union (ACLU) and APD civilian oversight groups that the New Mexico State Police were not following the mandates or reforms of the Court Approved Settlement (CASA), including not firing their guns at fleeing cars, which is what happened with one of the cases. The blunt truth is that the New Mexico State Police as well as the Bernalillo County Sheriff’s office are not under any obligation to follow the CASA mandates.

On October 30, in part because of the success of the New Mexico State Police surge in Albuquerque, Governor Michelle Lujan Grisham order the creation of the “Fugitive Apprehension Unit” to apprehend hundreds of criminal defendants across New Mexico who have not shown up for court hearings or wanted on bench warrants. The Fugitive Apprehension Unit consists of State Police officers and state Corrections Department staffers. The unit works with local law enforcement officials around New Mexico to track down and arrest people charged with committing violent crimes.

GIVING A HELPING HAND TO MAYOR TIM KELLER

On December 2, Albuquerque Mayor Tim Keller revealed his legislative priorities for the upcoming 2020 New Mexico Legislative session that starts in January. Keller said his top priority will again be public safety. His requests include $10 million for his violence intervention programs and $20 million for modernizing crime fighting technology and to “modernize” APD’s data reporting system. Keller said $20 million dollars will go to changing the way police file reports and produce crime stats and how they connect all the crime-fighting data into one.

Keller’s request in funding was made within days after is was revealed the Keller Administration released statistics and crime rates that were seriously flawed and inflated showing dramatic reductions in crime not at all accurate. The crime rate fiasco was attributed to antiquated data collection systems. In a Channel 7 interview the Governor signaled her support of Mayor Keller’s request for the funding in the 2020 legislative session and said:

“I want the mayor to be unabashed. He needs to have the tools and the resources, and we all need to be accountable.”
You can review related news reports here:

https://www.kob.com/albuquerque-news/metro-surge-report-reveals-evidence-not-filed-in-time-for-36-of-cases/5576514/

https://www.koat.com/article/governor-lays-out-latest-plans-in-crime-fight/30289751

“RED FLAG” LEGISLATION

Throughout all her years as a congresswoman for the First Congressional District, Michelle Lujan Grisham was a strong advocate for gun control measures on the federal level and she continues to do so as Governor on the state level.

On March 8, 2019, Governor Michelle Lujan Grisham signed into law Senate Bill 8 (SB-8) enacted by the 2019 Legislature which requires background checks for guns sold privately and at gun shows. Debate on the legislation was hot and heavy, but SB 8 passed the Senate on a 22-20 vote and passed the House 42-27 vote. The Governor signed the legislation and it became law effective July 1, 2019. Governor Michelle Lujan Grisham also signed Senate Bill 328 which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act which prohibits the possession of firearms by domestic abusers.

Elected County Sheriffs repeatedly spoke out against the gun legislation during legislative committee hearings. Some elected sheriffs testified that they simply would not enforce the legislation if it became law. Twenty-eight of New Mexico’s counties as well as a few municipalities in the state have passed “Second Amendment Sanctuary” ordinances in defiance to the enacted legislative gun control measures. Things got so bad that Attorney General Hector Balderas sent a strongly worded letter to all the elected Sheriff’s reminding them of their legal obligation to enforce the laws regardless of whether they agree with the legislation and saying:

“As law enforcement officials we do not have the freedom to pick and choose which state laws we enforce. … In short, the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law. … [Discretion] cannot subvert the rule of law. All New Mexicans, including public [law enforcement] officials, are equally subject to the law.”

https://www.petedinelli.com/2019/04/08/i-will-not-enforce-the-law-admission-of-negligence-by-law-enforcement/

During the 2019 session, a red flag bill sponsored by Democratic Representative Damon Ely past the house but failed in the Senate. The bill was one of the more controversial bills causing New Mexico Sheriffs around the state to lobby heavily against it. After the 2019 session, the Governor signaled that she would place another “red flag” law on the 2020 call. You can expect the same opposition from law enforcement. Any proposed “red-flag” law would allow courts to order the temporary taking of firearms from individuals deemed to be a threat to themselves or others.

Lujan Grisham has said a “red flag” law will make communities safer and for that reason she has attempted to work with the Sheriff’s to reach a compromise, but has been unable to win support for a “red flag” law. The New Mexico Sheriffs Association opposes “red flag” laws believing they are ineffective and that they infringe on Second Amendment constitutional rights to bear arms. Sheriffs are elected officials just like the Governor, and as such the Governor has little control over how they should approach law enforcement.

For a related blog article see:

https://www.petedinelli.com/2019/03/25/gun-sale-background-checks-and-requiring-domestic-abusers-to-surrender-firearms-responsible-gun-control/

https://www.petedinelli.com/2019/04/08/i-will-not-enforce-the-law-admission-of-negligence-by-law-enforcement/

INCREASING FIRE ARM ENHANCEMENT PENALTIES

Republican State Representative William “Bill” Rehm has pre-filed House Bill 35, a measure that would enhance the penalty for using a firearm in the commission of a crime from 1 to 3 years. The governor said she supports proposed legislation, but the question remains if it will even make it through the Democratic controlled legislature which traditionally has difficulty in enacting firearm enhancement penalties.

NO TAX CODE REFORM ON GOVERNOR’S CALL

Absent from the Governor’s call is legislation dealing with overhauling New Mexico’s tax code system. The Governor is signaling that tax overhaul will have to wait until the 2021 session in order to give a state tax advisory committee more time to study potential changes. The Governor made it clear she does not plan to include legislation exempting Social Security income from taxation and no legislation that would make changes to the state’s gross receipts tax code. In particular, the Governor has said no to House Speaker Brian Egolf’s legislation aimed at shaving half a percentage point off New Mexico’s gross receipts tax rate, a bipartisan bill that he was hoping to have ready for the 2020 legislative session.

https://www.abqjournal.com/1400797/bipartisan-talks-focus-on-nm-tax-overhaul.html

STATE REVENUE SURGE

According to news reports state revenue collections are roughly $273 million above projected levels, and will in all likely be even higher, due primarily to skyrocketing oil production in southeastern New Mexico that has led to a regional economic upswing. Royalties, taxes and other direct revenue from oil and natural gas production now make up more than 35% of all revenue collected by New Mexico.

The higher-than-expected revenue surge has the state on track to collect an unprecedented $7.8 billion in the budget year that ended June 30. Such revenues could allow for additional spending increases on public schools, roads, shoring up the PERA pension funds and other state programs in the upcoming 2020 legislative session.

https://www.lcsun-news.com/story/news/local/new-mexico/2019/08/19/new-mexico-pace-record-7-8-billion-revenue-thanks-oil-production/2053628001/

New Mexico was already expecting a $1.3 billion budget surplus for the fiscal year. However, a Legislative Finance Committee revenue tracking report suggests that the final surplus figure will likely end up being larger. Most of the revenue windfall is due to an oil boom in the Permian Basin that has been driven by improvement in drilling techniques and production methods and has made New Mexico the nation’s third-highest oil producing state.

https://www.abqjournal.com/1354833/nm-coffers-flush-with-cash-from-oil-boom.html

COMMENTARY AND ANALYSIS

The 2020 New Mexico Legislative session will be Governor Michelle Lujan Grisham’s second legislative session, but she has been through sessions before as a cabinet secretary, knows the drill and knows how to count votes. The 2019 legislative session accomplishments will be a very difficult act to follow, especially during a 30-day short session. (See postscript below on 2019 legislative session). Notwithstanding, Governor Michelle Lujan Grisham has indeed announced an ambitious agenda that is still very much evolving and that no doubt will include much more.

The three most controversial legislative priorities that without a doubt are the most controversial are PERA reforms, legalization of recreational marijuana, and gun control measures in the form of “red flag” laws. Any one of the 3 measures could have serious political repercussions that will affect her popularity among voters and even alienate some of her core supporters.

PERA SOLVENCY MEASURES

PERA Governing Board meetings held during the general election race for Governor were packed with standing room only by very angry and very upset PERA retirees demanding explanations and information on the solvency of PERA pension system which was being reported as failing. Audiences were extremely diverse, and retirees vote. The audiences were at times confrontational with the PERA Board members. Accusations of mismanagement of the funds were also made.

During her campaign, 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.”

The PERA solvency plan the Governor supports runs a significant risk of alienating some of her strongest supporters that could signal trouble for her in three years when see seeks a second term. Governor Lujan Grisham received a significant number of union endorsements and campaign donations especially from state government unions such as AFSME. The PERA solvency changes could very well “poke the bear” of 90,000 PERA contributors, retirees and their family members.

The PERA governing board has set the goal to reach 100% funding of liabilities by the year 2043 declaring there is a PERA pension fund “crisis”. The truth is, there is no crisis. The PERA pensions funds have always operated in the red, with investments ebbing and flowing to pay retirement benefits as they incur. It is the funds financial advisors who want a 100% funded program, no doubt motivated by getting their hands on more money to invest and getting hirer investment fees.

The New Mexico PERA pension program has 70% of funded liability in current funding assets to future liability making it one of the strongest pension programs in the country. The two major pension funds that are currently problematic are shortfalls of 7.99% of State General pensions and 13.87% for Municipal Fire Pension programs. Contribution shortfalls of State General and Municipal Fire are up and until 2066. PERA management has failed to articulate in clear terms all the options available to insure PERA will reach a 100% funding ratio by 2043.

Notwithstanding, PERA Pension reform must again be undertaken. The difference is the New Mexico Legislature has time to address the PERA pension system and the sky is not falling. The legislature can make adjustments like increasing age of retirements, change the formula to calculate retirement, make increases in contributions and infuse state funding into the pension funds, but only those that are underfunded which currently the municipal fire fighters fund and the general worker fund. Better management of the pension funds and increasing returns on investment are always relied upon to pay for benefits. At a minimum, the PERA Pension plans are solvent for at least 23, if not more years.

https://www.petedinelli.com/2019/08/16/joe-monahan-blog-raise-retirement-age-leave-worker-contributions-and-cola-alone-also-pera-task-force-recommendations-study-shows-there-is-immediate-crisis/

RECREATIONAL MARIJUANA

New Mexico has some of the highest DWI rates in the country and ranks #1 in heroin overdose deaths with the state having a serious opioid crisis. Legalizing recreational marijuana has the danger of contributing to the State’s high alcohol and drug addiction rates, a legacy no Governor wants to be remembered for after they leave office. Notwithstanding, a recent poll shows 76% of New Mexicans are in favor of legalizing recreational marijuana. Further, any recreational marijuana law needs to ensure that the states highly successful medical marijuana program is not placed in jeopardy.

When it comes to the legalization of the recreational use of marijuana, the legislature needs to avoid a traditional licensing system like it created for full-service alcohol licenses. With present alcohol full-service licenses, the number of licenses is capped and based on population numbers. Liquor licenses are now being sold for upwards of $1.5 million where only the wealthy or major restaurant chains can only afford them.

The result and unintended consequence will be identical with recreational marijuana licenses purchased for a few thousand dollars from the state and held onto as an investment and for a windfall profit. The exact same thing will happen with recreational marijuana licenses unless the licenses are not tied to population. There should be no limit on the number of recreational pot licenses that will create a market of licenses that increase value and are considered an investment by the private sector as opposed to regulation by the state to protect the public health safety and welfare.

https://www.petedinelli.com/2019/10/01/do-not-place-population-cap-on-the-number-of-recreational-marijuana-licenses/

“RED FLAG LAW”

There are 33 elected county sheriffs in the state of New Mexico. There is also a Sheriff’s Association. One group of elected officials no Governor wants to offend and who any Governor has to work with are the elected Sheriffs, with each one having their own agencies, law enforcement philosophy to address their communities law enforcement needs. The “universal background” check legislation enacted last year resulted in a severe backlash with many elected Sheriff’s and County Commission’s declaring they would not enforce the law or declaring their counties “2nd Amendment Sanctuary Counties.” The law also resulted in a lawsuit filed by Republican lawmakers that is still pending. This is one piece of legislation that perhaps should be placed on hold until 2021 to allow gun control measures such as background checks to be fully implemented by the Sheriffs and who no doubt will need funding for the new programs.

For a related blog article see:

https://www.petedinelli.com/2019/04/08/i-will-not-enforce-the-law-admission-of-negligence-by-law-enforcement/

https://www.petedinelli.com/2019/03/25/gun-sale-background-checks-and-requiring-domestic-abusers-to-surrender-firearms-responsible-gun-control/

CONCLUSION

One thing is for certain, the governor’s job of promoting her programs during the 2020 legislative session will be made much easier because of the oil boom that has propelled New Mexico’s government revenue to record highs with debate now over how to spend the windfall. The surplus should allow the Governor to virtually fund all the education programs she wants, invest in capital projects and infrastructure as well as shore up the PERA pension funds, but only if the legislature allows her. Another major source of revenue for the state would be the legalization of the recreational use of marijuana, if done properly, with responsible regulation and taxation.

Before the commencement of the 2020 legislative session, Governor Michelle Lujan Grisham needs to exercise great caution with the 3 issues of PERA Solvency, recreational marijuana and a red flag Law. The Governor should not expend precious political capital on legislation that is doomed for failure in either the New Mexico House or Senate. It’s a simple issue of math, securing a majority consensus and counting votes. She should not put anything on her call during a 30-day session that she knows will fail. Too much is at stake on all three issues that has the potential of alienating many of her base supporters and resulting in nothing getting accomplished and causing more damage than good.

There is always the 2021 sixty-day session and for that matter, special sessions to deal with major issues.
__________________________

POSTSCRIPT

2019 NM LEGISLATURE REMEMBERED

By most accounts, the 2019 legislative session was one of the most productive sessions in recent memory. The legislature and the Governor came together and were able to get things done. Absent from the 2019 session was the acrimony and confrontation created by the former, two term, Republican Governor “She Who Must Not Be Named”. Those accomplishments include:

Enacting a $7 billion plus state budget, the largest budget ever enacted in state history.

Enacting a $3.2 Billion education budget including additional funding for K-12 education and increases in teacher pay.

Enactment of tax hikes in over a decade that raised a combined $70 million for the state’s general fund through a personal income tax rate hike for the state’s higher earners, internet consumer sales and vehicle sales. The previous Republican Governor’s refusal to raise taxes resulted in sever cuts in government personnel and a reduction in government essential services.

Creating a new “Early Childhood Department”, raising the state’s minimum wage from $7.50 an hour in increments and will rise to $12 an hour in 2022.

Shore up New Mexico’s two major pension funds by increasing how much the state pays into workers’ retirement accounts with an approximate amount of $13.7 million.

Creation of the Ethics Commission.

Enactment of nearly universal background checks for all gun sales.

Creating a new, independent ethics commission setting powers and procedures of the commission.

Enacting legislation to allow expungement of criminal records where defendants are allowed to seek court approved orders to expunge or “wipe out” an arrest or a conviction from their records.

Increasing the film tax credit cap from $50 million to $110 million.

Overhauling campaign finance regulations and require more disclosure from those who make “independent expenditures” in political campaigns. A measure was also passed that closed a loophole that exempted lobbyist spending from public disclosure. Lobbyists will be required to report their cumulative spending on individuals’ meals or entertainment items that cost less than $100.

Enactment of the “Energy Transition Act”, a renewable energy bill, was enacted by the 2019 New Mexico Legislature. The legislation requires that 80% of the state’s power from large utilities must come from “renewable energy” sources by the year 2040 and be 100% carbon free by 2045.

Decriminalization of the possession of small amounts of marijuana.

The state “two-tiered driver’s license system” created by the previous Republican Governor’s Administration was amended to make it easier for undocumented workers to get drivers’ licenses.

Same day voter registration and automatic voter registration when getting a drivers’ license.

For a full analysis on 2019 session see:

It’s Called Governing: More Consequential Legislation Enacted In 60 Days Than In 8 Years

During the 2019 New Mexico Legislature that ended in March, House Bill 581 passed both the House and Senate and was signed into law by Democrat Governor Michelle Lujan Grisham. The legislation established permits and regulations allowing the manufacture of hemp products in New Mexico.

New Mexico State Representative Derrick Lente, D-Sandia Pueblo, a supporter of the legislation, said hemp as an agricultural cash crop had the potential to immediately rival alfalfa as a cash crop in New Mexico. According to Lente, New Mexico has the right climate for hemp cultivation and noted “Agriculture is the lifeblood of New Mexico.” Hemp grown in New Mexico can easily be sent to in-state manufacturers, who could turn it products such as clothing and CBD oil products.

According to the New Mexico Department of Agriculture (NMDA), the harvest of the state’s first crop of industrial hemp since legalization has surged. The NMDA as of December 22, has issued more than 400 licenses, including 276 licenses to grow outdoors totaling 7,540 acres, and 132 licenses for indoor growers totaling 8,334,424 square feet. The 400 state permits in New Mexico are in 19 of 33 counties from Rio Arriba in the north to Doña Ana in the south. The largest growers are concentrated in southern New Mexico. The number of hemp license applications was more than double what the NMDA expected for a beginning program. Agriculture Secretary Jeff Witte said federal legalization has resulted in a burst of new farmers all over the country with acreage dedicated to production approach half a million acres.

GROWING PAINS AND WITH NO PROFITS TO SHOW

Notwithstanding the surge in licenses to grow hemp, the first year of operation for hemp farmers has been extremely difficult for them. The biggest challenge to the industry is to find hemp strains and growing techniques that will thrive in New Mexico’s climate and that will turn a profit. Complicating the situation is growing plant strains that have THC levels that are below the limit allowed by law. (THC is the hallucination chemical also found in hemp’s cousin, marijuana, but at much higher levels.) It was reported that some farmers had to destroy part or all of their harvest because the level of THC was higher than the 0.3% allowed under federal and state law. Plants that are above the limit of allowed THC must be destroyed resulting in losses.

A challenge to the industry is that a number of people went into hemp farming which resulted in an oversupply within the market. It is being reported that many New Mexico farmers who are growing hemp are struggling to make a profit with the commodity. New Mexico Agriculture Secretary Jeff Witte said there have been many “novices” trying their hand at hemp farming, who have never farmed and who have had to cope with issues all farmers face from labor shortages to pests and weeds resulting in reduced production.

Many New Mexico farmers despite the problems have said they plan to grow hemp again. Others hope to apply the hard lessons learned this year can be applied to growing marijuana if recreational use of marijuana is legalized in the up coming 2020 legislative session. Governor Michelle Lujan has already announce that the legalization of marijuana will be on the agenda in the 2020 legislative session that begins January 21.

https://www.abqjournal.com/1403520/nms-hemp-growers-still-waiting-to-strike-gold.html

https://www.abqjournal.com/1383276/hope-and-headaches-for-hemp-in-nm.html

HELP FROM THE STATE

On December 5, the New Mexico Economic Development Department announced plans to invest $400,000 in a hemp production and processing business. The investment commitment will be made to 420 Valley LLC represents in Las Cruces, New Mexico. The company is a CBD products supplier that cultivates hemp then extracts and refines the oil from the hemp into manufactured products such as oil, edibles and topical ointments, and even pens. The $400,000 state investment comes from the Local Economic Development Act. The city of Las Cruces has also pledged $150,000 for the project.

420 Valley LLC expects to begin hiring upwards of 55 employees beginning early 2020 and continuing over a 3 year period. According to a news release, employees will earn an average of over $33,000 annually. The company expects its payroll to be $2 million in three years. According to the Economic Development Department the investment is part of the state’s continuing effort to target sustainable agriculture and other economic sectors to help diversify the economy.

In making the announcement, Governor Michelle Lujan Grisham in a statement had this to say:

“Hemp production and sustainable agriculture are essential components of our mission to expand New Mexico’s economy. We must think broader than one industry and one industry alone; we must create opportunity for New Mexico entrepreneurs and residents of all ages who are eager to find fulfilling work and launch sustainable careers. … [T]hrough our Economic Development Department and other key initiatives we will do exactly that.”

Economic Development Department Cabinet Secretary Alicia J. Keyes for her part said that agriculture and related enterprises have always been part of the economic base in Southern New Mexico.

https://www.abqjournal.com/1397856/latest-business-news-104.html

HISTORICAL BACKDROP OF A NEW INDUSTRY

A common public misconception is that hemp is somehow a part of marijuana cultivation, which is totally and 100% false. Marijuana and hemp are varieties of cannabis that developed with selective breeding. Hemp is used fiber and oils while marijuana is used for its narcotic components. Hemp is a “relative” of marijuana, but it has none of the chemicals in marijuana that causes people to become high like marijuana.

In 1937 Hemp production was banned throughout the United States, with the passing with the passing of the Marihuana Tax Act. Although it was illegal to sell or grow hemp in the US, it was legal to buy from international sources. Hemp was later added as a Schedule 1 controlled substance under federal law. Hemp is the non-psychoactive variant of the cannabis plant.

The Hemp Farming Act of 2018 removed hemp, defined as cannabis with less than 0.3% THC, from Schedule I controlled substances and made it an ordinary agricultural commodity. The United States farm bill became law on December 20, 2018. The growing of hemp is now legal throughout the United States subject to state regulation on agricultural crops. The federal law defines hemp as cannabis with concentrations of THC, the compound most associated with getting a person high, no greater than 0.3%.

Hemp has a long history of being used in textiles, paper and other material. The modern industry is largely centered on the production of cannabidiol, a compound that claims to have curative properties.

IMPORTANCE OF AGRICULTURE TO NEW MEXICO

New Mexico is home to 23,800 farms and 43.9 million acres of farmland.

The New Mexico’s top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn.
Agriculture is deeply rooted in New Mexico and in the top 10 of its industries.

Following is a listing of New Mexico’s top 10 agricultural products and what they generate in cash receipts for New Mexico:

1. “According to the New Mexico State University Dairy Extension, just over 77 percent of the milk in New Mexico is produced on the eastern side of the state in Curry, Roosevelt, Chaves, Eddy and Lea counties. Milk and dairy products generated $1.3 billion in cash receipts.”
2. “About 10,000 families across the state raise beef cattle, and New Mexico lays claim to approximately 387,000 beef cows. Cattle and Calves generated $823.8 million in cash receipts.”
3. “New Mexico is second only to Georgia when it comes to pecan production in the U.S., and in 2017, the state’s farmers produced a record-breaking 92 million pounds of pecans. Pecans generated $220.8 million in cash receipts.”
4. “New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.”
5. “New Mexico farmers harvested an estimated 7,100 acres of onions in 2017, and the state is one of the largest summer-onion producers in the nation. Onions generated $106.6 million in cash receipts.”
6. “Considered New Mexico’s signature crop, chile peppers have been cultivated in the state’s Rio Grande Valley for four centuries. New Mexico’s warm, dry climate and 350 days of sunshine each year make it an ideal place to grow chile peppers. Chile peppers generated $44.6 million in cash recipes.”
7. “New Mexico is one of 17 states that produce cotton, and production (in bales) ranks the state 16th. The Land of Enchantment’s upland cotton production is largest in Lea, Doña Ana and Eddy counties. Upland cotton generated $31.9 million cash receipts.”
8. “New Mexico farmers planted about 125,000 acres of corn and harvested 43,000 acres of corn for grain in 2017, resulting in a production value of more than $22 million. Corn generated $22.4 million in cash receipts.”
9. “In 2017, farmers across New Mexico harvested 135,000 acres of wheat. Wheat generated $15.7 million in cash receipts.”
10. “Sorghum is an energy-efficient, drought-tolerant crop, perfect for New Mexico’s climate. New Mexico producers planted 85,000 acres in 2017, yielding 187,000 tons. Sorghum brought in $7.65 million in cash receipts.”

Following is a link with information on New Mexico’s agricultural commodities:

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

CONCLUSION

New Mexico’s top agricultural crops include pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn. Within a matter of just a few years, hemp can be yet another major cash crop in the New Mexico economy. Despite a difficult first year and all the setbacks, New Mexico still has a bright future in the hemp agricultural industry. The state needs to continue with its efforts to help the industry grow and prosper.

On December 18, US Attorney General William Barr announced that the Department of Justice (DOJ) is initiating a major crackdown aimed at driving down violent crime in 7 of the nation’s most violent cities in the country. Not at all surprising is that Albuquerque is one of those cities. The other 6 cities are Detroit, Baltimore, Cleveland, Kansas City, Memphis and Milwaukee. All 7 cities have violent crime rates significantly higher and above the national average.

At a news conference in Detroit, Michigan, AG Bar dubbed the initiative “Operation Relentless Pursuit”. The federal agencies that will participate and be involved are the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Marshals Service.

AG Barr is an ardent backer of law enforcement and had a tough-on-crime approach when he was Attorney General in the early 1990s as the national violent crime rates peaked.

Since becoming Attorney General for a second time in February, Barr has vowed to use the federal government’s resources to drive down violent crime in cities where the crime rate has been rising. Targeting violent crime, prosecuting violent criminals and gun offenders has been a top priority for the Justice Department (DOJ) since Barr took over after his appointment as AG by President Donald Trump.

COMMITTED FEDERAL RESOURCES

The DOJ will intensify federal law enforcement resources in the 7 cities by increasing the number of federal law enforcement officers in each of the cities and add additional officers to federal task forces. According to Barr, the DOJ is committing up to $71 million in federal grant funds that can help fund the task forces, be used to hire new police officers, pay overtime and purchase new equipment and technology.

The federal law enforcement agencies will work with local and state law enforcement agencies to identify and target violent criminals, members of drug cartels and gun traffickers by utilizing available federal resources and intelligence. ATF’s national database known as the National Integrated Ballistic Information Network (NIBIN), which can help match images of bullet cases collected at crime scenes to link shootings will be used.

AG Barr, to the surprise of DOJ observers, has embraced a bipartisan criminal justice reform measure known as the “First Step Act”. The First Step Act gives judges more discretion when sentencing some drug offenders, eases mandatory minimum sentences and encourages inmates to participate in programs designed to reduce the risk of recidivism, with credits that can be used to gain an earlier release.

https://www.krqe.com/news/politics/justice-dept-plans-crackdown-on-violent-crime-in-7-cities/

During a press conference in Albuquerque, U.S. Attorney for New Mexico John Anderson explained what the money will mean for Albuquerque and said:

“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.”

The Albuquerque Police Department and Bernalillo County Sheriff’s Office said they both welcomed the extra help from the federal government. BCSO Sheriff Manny Gonzales had this to say:

“… everybody in this community is concerned about the escalating violence, and bottom line is that the problem’s been identified. … We have a crime crisis.”

https://www.kob.com/albuquerque-news/federal-government-offers-crime-fighting-support-for-albuquerque/5583778/?utm_medium=onsite&utm_source=zetaglobal&utm_campaign=thumbnails

ALBUQUERQUE HOMICIDE AND VIOLENT CRIME RATES

According to Attorney General William Bar, Albuquerque has a violent crime rate that is 3.7 times the national average per capita , and the cities aggravated assaults are 4 times the national average per capita.

https://www.koat.com/article/feds-albuquerque-one-of-the-most-violent-cities-in-america/30275742

Albuquerque’s FBI Uniform Crime statistics for the years 2008 to 2018 reveal just how bad violent crime has increased in Albuquerque over the last 10 years. Violent crimes include murder, rape, robbery and aggravated assaults and have all increased. The hard numbers for the last 10 years reflect that crime has not declined much and that like a waive on a beach, it had “ebbed and flowed” over the years but have risen none the less to all time highs.

As of December 18, there have been 77 murders in Albuquerque. On December 9, 2019, the city recorded its 74th homicide, the all-time record of homicides in one year in the city’s history. The previous record was in 2017 with 72 murders. Before 2017, the last time the City had the highest number of homicides in one year was in 1996 with 70 murders that year.

The total number of violent crimes and aggravated assaults have ebbed and flowed over the last 10 years, but still have reached historical highs. You can review the hard numbers in the below postscript.

Mayor Keller and Chief Michael Geier have announced 4 separate programs within nine months to combat our city’s violent crime and murder rates. Those programs are: the Shield Unit, Declaring Violent Crime “public health” issue, “Violence Intervention Plan” (VIP) and the Metro 15.

OBJECTIVES, SPIRIT AND INTENT OF CASA ACHIEVED

It has now been over a full 5 years since the city entered into the Court Approved Settlement Agreement (CASA) with the Department of Justice (DOJ) after the DOJ found a “culture of aggression” within APD and after 18 police officer involve shooting. Upwards of $64 million has been paid out in settlements for 32 police officer involved shootings and excessive use of force or deadly force. APD has now been operating under the watchful eye of the Federal Court and a federal court appointed monitor costing the city taxpayer upwards of $6 million for 10 audits.

New “use of force” and “use of deadly force” policies were written and implemented with all APD sworn receiving training on the policies. All APD sworn have received at least 40 hours crisis management intervention training. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force cases.

Sweeping changes ranging from APD’s SWAT team protocols, to banning choke holds, to auditing the use of every Taser carried by officers and have been completed. “Constitutional policing” practices and methods as well as mandatory crisis intervention techniques and de-escalation tactics with the mentally ill have now been implemented at the APD Police Academy with all sworn also having received the training. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents. Personnel procedures have been implemented detailing how use of force cases are investigated. APD has also revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.

Currently, there are 61 sworn police assigned to the compliance bureaus, which includes APD Internal Affairs. There are 40 detectives involved with the Department of Justice reform enforcement. Those 40 officers would be better utilized in the field services patrolling the streets or assigned to the investigation bureaus.

From all appearances, and from review of all the Federal Monitor’s reports, the City and APD have completed the following mandated reforms under the federal Court Approved Settlement Agreement:

1. The new “use of force” and “use of deadly force” policies have been written, implemented. All APD sworn have received training on the policies.
2. All sworn have received at least 40 hours crisis management intervention training.
3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke holds, to auditing the use of every Taser carried by officers and re writing and implementation in new use of force and deadly force policies have been completed.
6. “Constitutional policing” practices and methods as well as mandatory crisis intervention techniques and de-escalation tactics with the mentally ill have now been implemented at the APD Police Academy with all sworn also having received the training.
7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
9. The Repeat Offenders Project, known as ROP, has been abolished.
10. Police Oversight Board has been created, funded, fully staffed and a director has hired been hired and his contract renewed.
11. The Community Policing Counsels have been created in all area command and the counsels meet monthly.
12. The Mental Health Advisory Committee has been implemented.
13. The CASA identified that APD was severely understaffed. APD has gone from 850 sworn police to now 980 and intends to add an additional 300.
14. The federal monitors 10th report issued on November 1, reported APD met 100% of CASA-established primary compliance requirements during the reporting period. Secondary compliance rates (training) were reported at 81%, up from 79% and overall compliance rates are at 63%, the same as the 9th audit report.

COMMENTARY AND ANALYSIS

Given Albuquerque’s skyrocketing violent crime rates, there is no reason to doubt the reason why Albuquerque is one of the 7 cities to be included in the DOJ’s “Operation Relentless Pursuit”. Mayor Tim Keller and APD Chief Michael Geier are probably extremely happy that the DOJ will be helping with “Operation Relentless Pursuit” in an attempt to bring down the cities violent crime rates.

One thing Keller and Geier probably also realize is that what APD is doing with the 4 programs they have announced to reduce violent crime are simply not getting the job done, and neither is APD. There is no guarantee that the DOJ’s “Operation Relentless Pursuit” will be any more effective than what APD has been doing, but it’s worth a try. What is also worth trying is for the City to approach US Attorney General William Barr and ask the DOJ to agree with a stipulated dismissal of the federal Court Approved Settlement Agreement (CASA).

Now that AG Bar has acknowledged just how bad violent crime in Albuquerque has become, now is the time to approach Barr and the DOJ about the dismissal of the federal cause of action that resulted in the Court Approved Settlement Agreement (CASA). In addition to the resources AG Bar is committing to the City, he should be willing or want APD to do more. Sworn police assigned to DOJ compliance should be reassigned to do actual law enforcement. The duties and responsibilities of the 40 sworn police in the compliance bureau can be performed by civilian staff with the Office of Inspector General and the Department of Human Service to continue withe the DOJ reforms.

With the continued implementation of the DOJ reforms, especially those reforms involving the mentally ill, the spirit and intent of the CASA has been achieved and for these reasons every effort should be made to seek a dismissal of the federal lawsuit. The city should commence negotiations immediately with the DOJ for a stipulated “Order of Compliance and Dismissal” of the CASA, and all causes of action the DOJ has against the city and APD.
______________________

POSTSCRIPT

The number of HOMICIDES reported each year from 2008 to 2019 are:

2008: 38
2009: 56
2010: 42
2011: 35
2012: 41
2013: 34
2014: 30
2015: 42
2016: 61
2017: 72
2018: 69
2019: 77 homicides as of December 18, 2019

The number of AGGRAVATED ASSAULTS (assaults with deadly weapon) reported each year from 2008 to 2018 are:

2008: 2,960
2009: 2,597
2010: 2,971
2011: 2,910
2012: 2,740
2013: 2,803
2014: 3,121
2015: 3,273
2016: 3,846
2017: 4,213
2018: 3,885

The total number of VIOLENT CRIMES (murder, rape, robbery and aggravated assault combined) reported each year from 2008 to 2018 are:

2008: 4,718
2009: 4,082
2010: 4,291
2011: 4,207
2012: 4,151
2013: 4,322
2014: 4,934
2015: 5,405
2016: 6,245
2017: 7,686 (Aggravated Assaults: 4,213, Non-Fatal Shootings: 470)
2018: 6,789 (Aggravated Assaults: 3,885, Non-Fatal Shootings: 491)
https://www.cabq.gov/police/annual-reports/uniform-crime-reports

This is what you call being “a day late, but not a dollar short.”

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.

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

On February 26, 2015, the county issued a Request for Proposals (RFP) seeking business plans and proposals from the private sector for suggestions on how to create a framework to deliver mental health services to the community. Since 2015, Bernalillo County has collected $89.5 million worth of taxes in the name of behavioral health programming, but there are no plans on how it should be applied.

MILLIONS OF TAX DOLLARS ACCUMULATE BUT NO PROGRAMS

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 provides, 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.

Approved programming should eventually cost the county $18.9 million annually, but more than $70 million in tax revenue has accumulated and the amount is growing. According to the latest figures from the Department of Behavioral Health Services, most of that money is encumbered for one-time expenditures including $30 million earmarked for a future crisis triage center and $12 million for supportive housing.

In November, 2019, County Manager Julie Morgas Baca asked the Bernalillo County Commission to approve a resolution that permits “stakeholders, providers, community members, staff, commissioners, or other interested parties” to propose behavioral health service ideas through a website. Up until now, only county staff had been authorized to propose behavioral health service ideas. All program appropriations will require final approval of the County Commission.

According to County Manager Morgas Baca:

“I just really think it needs to be opened up, and we need to realize there’s a lot of people out there who have real life experience. … I want to solicit their input to see how much of a difference we can make in addition to what we’re already doing.” On Tuesday, November 12, the resolution passed by a 5-0 vote unanimous vote.

Margarita Chavez-Sanchez, acting director of the county’s Department of Behavioral Health Services had this to say about the enactment of the resolution:

“I am in favor of the formalization of this process and creating an additional avenue for meaningful community input. … We absolutely welcome the submission of concepts through our online portal for review.”

https://www.abqjournal.com/1391385/county-to-welcome-behavioral-health-program-suggestions.html

https://www.abqjournal.com/1393913/berncos-got-895m-taxpayers-get-mental-health-suggestion-box.html

APPROVED PROJECTS

Since enactment of the tax in 2017, Bernalillo County has approved a mere $10 million toward Behavioral Health Initiative projects with $70 million in tax revenue having accumulated but not spent. According to the Bernalillo County “Public Health Projects” webs site, link provided below, 9 projects that have been approved and committed annual funding of each of those projects are as follows:

1. Transition Planning and Re-entry Resource Center – $1,341,188 in year one; $1,041,188 annually thereafter

“On a daily basis, the Metropolitan Detention Center (MDC) releases individuals back to the community who suffer from a variety of mental illnesses and substance abuse disorders, among other complications. In most cases, the continuity of care provided to these individuals is fragmented, at best, and more often entirely interrupted within the first hours and days following release back to community. The lack of a system for coordinated care as incarcerated individuals’ transition from jail to community contributes to recidivism and impedes efforts to generate more positive health outcomes for these individuals. The project includes funding transition planners at MDC and creating a Re-entry Resource Center (RRC) for an effective front door into a network of services. The operational cost of the project is divided into the two components, with a one-time renovation cost for the RRC, located at the Public Safety Center … .”

2. Mobile Crisis Teams – $1 million BC/$340,000 ABQ

“The creation for this pilot project is a city/county collaboration. The mobile crisis teams will respond to individuals experiencing a nonviolent behavioral health crisis that necessitates a 911-response. There will be three teams formed, one by Bernalillo County and two by the City of Albuquerque. Each team will consist of a crisis intervention unit deputy paired with a masters’ level, behavioral health clinician.”

3. Expansion of the County’s Community Connections Supportive Housing Program – not to exceed $1 million

“This expansion will focus on individuals with behavioral health issues residing in the community who are homeless or precariously housed and is estimated to provide a minimum of 55 housing vouchers with case management service.”

4. Community Connections Re-entry Supportive Housing – $1.3 million from Bernalillo County; $503,000 from City of ABQ

“This project provides intensive case management and services linked with scattered site housing to a target population of homeless or precariously housed persons with mental illness or co-occurring disorders or other disabilities and whose lack of community-based services have resulted in criminal justice system involvement. The program provides high quality intensive wrap-around services and housing subsidies to support the individual’s successful reintegration and long-term stability in the community after incarceration. Providing comprehensive intensive services linked with housing creates community stability and reduces recidivism and is life changing.”

5. Community Engagement Team – not to exceed $1 million

“Community Engagement Teams (CET) help people and their families voluntarily cope with the effects of mental illness and substance abuse disorders, whether individual or co-occurring, in the comfort and familiarity of their homes and communities. The CET helps individuals avoid the criminal justice system and emergency mental health systems whenever possible. The CET in Bernalillo County requires an individualized, recovery-focused approach that promotes wellness, self-management, personal recovery, natural supports, coping skills, self-advocacy and the development of independent living skills. CETs can be considered part of a continuum of services rendered outside institution walls that include assertive community treatment, the crisis intervention unit, crisis outreach and support team, public inebriate intervention, and law enforcement response.”

6. Youth Transitional Living Proposal – not to exceed $650,000

“A new service intended for at-risk youth who are precariously housed or homeless with a mental health or addiction diagnosis. The funding provides youth transitional living services for clients with behavioral health diagnosis who are not currently under any state Children Youth and Families Department, Bernalillo County or other third party-funded program. This funding is available for non-third-party reimbursement.”

7. Reduction of Adverse Childhood Experiences (ACES) – not to exceed $3 million

“Bernalillo County wishes to develop a cohesive system that utilizes all available resources to assist children who have been identified as at-risk by using adverse childhood experiences (ACE) scoring methodology. Through program coordination and the procurement and enhancement of services, Bernalillo County wishes to develop a system that maintains a strong collaboration of professionals who work with children across the full continuum of services for at-risk children and families including primary prevention, identification, early intervention, support and treatment, harm reduction, outreach, and services in children’s homes and within communities. The funding is to pay for services and family supports not currently reimbursed by Medicaid or third-party payers.”

8. Behavioral Health Advisor – up to $140,000 per year

“The behavioral health advisor will provide guidance on the development and implementation of the behavioral health initiative. The behavioral health advisor will provide written standardization of the governance and subcommittee structure, data analysis service evaluations and reports implementation. The behavioral health advisor will provide other services including developing internal staff capacity on understanding behavioral health best practices and targeting and changing new initiatives to continue to meet the needs of Bernalillo County’s behavioral health priority populations.”

9. UNM’s Institute for Social Research (UNM/ISR) Contract – not to exceed $246,553 per year

“Bernalillo County seeks to implement a behavioral health system that measures the effectiveness of implemented programs and constantly strives to improve the performance of programs. In pursuit of this performance management strategy, data analysis and program evaluation will be critical components of the system. Data analysis and evaluation will happen to inform what services are needed and how those services are performing. Data analysis and evaluation will occur to assess the impact of the entire Behavioral Health Initiative on the entire population of users of behavioral health services, including individual program evaluations of the effectiveness of each contracted and/or directly delivered program.”

https://www.bernco.gov/health-and-public-safety/behavioral-health-approved-projects.aspx

HOW NEW PROCESS WILL WORK

Under the new ordinance passed by the County Commission, each idea from stakeholders, providers, community members, staff and commissioners will go through a vetting process. A county commission appointed committee will ensure each proposal meets the criteria for an expenditure based on the behavioral health tax language approved by voters. A separate subcommittee of stakeholders and subject matter experts will also review the idea and recommend the next steps.

County Commission Chairwoman Maggie Hart Stebbins said Bernalillo County has been especially “responsible” with the tax revenue but said the previous process was limiting valuable input from many stakeholders. Hart Stebbins acknowledge opening the application process up will likely result in some ideas that are not workable or worthwhile. According to Hart Stebbins, every citizen should have the opportunity to make recommendations for programs that would close gaps in behavioral health services. Hart Stebbins has acknowledged the behavioral tax revenue has not reached the community as was intended.

The commission recently approved up to $6 million in one-time appropriations for startup or capital spending that would create or expand behavioral health services. Providers will be able to apply for the funding through a request for proposals.

DESPERATE NEED FOR BEHAVIORAL HEALTH CARE SERVICES

One of the cruelest things that former Republican Governor “She Who Shall Not Be Named” did was when she ordered an “audit” of mental health services by nonprofits in New Mexico based on questionable information. The audit eventually devastated New Mexico’s behavioral health system.

In June 2013, under the direction of the former Republican Governor, the Human Services Department (HSD) cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. In 2014, more than 160,000 New Mexicans received behavioral health services, with most of those services funded by Medicaid, according to the Human Services Department.

After the audits were completed, the former Republican Administration said that the outside audit showed more than $36 million in over billing, as well as mismanagement and possible fraud. Under the orders of the Republican Governor, Human Services Department agency brought in 5 Arizona providers to take over from New Mexico providers.

In early 2016, following exhaustive investigations, the Attorney General cleared all 15 of the healthcare providers of any wrongdoing and exonerated all of them of fraud. Even though the NM Attorney General found no fraud and cleared the nonprofits of fraud, the damage had been done to the nonprofits. With the Medicaid funding freeze, many of the 15 nonprofits could not continue and just went out of business leaving many patients without a behavioral health service provider.

Lawsuits against the state were initiated by 15 mental health care providers. The administration of Governor Michelle Lujan Grisham has announced it has entered into settlement agreements with at least 10 of the behavioral health care providers whose Medicaid funding was frozen in 2013. The process to rebuild the state’s behavioral health care services will be a slow process that no doubt will take years. Bernalillo County’s efforts for behavioral health programs is critical to rebuilding in part the system destroyed by the previous Republican Governor Administration.

DEPARTURE OF COUNTY COMMISSION CHAIRPERSON MAGGIE HART STEBBINS

On December 10, 2019 it was announced that after 10 years on the Bernalillo County Commission, Maggie Hart Stebbins is resigning from the 5 person commission. New Mexico Governor Michelle Lujan Grisham has appointed as the state’s natural resources trustee. Hart Stebbins has started her job in the $110,000-a-year and said she intends to step down from the County Commission some time mid-January.

Commissioner Hart Stebbins has one year left on her term and she is “term limited” and prevented from seeking a third term. Two highly progressive Democratic candidates have already announced they are running in the Democratic primary for the position and they are Democratic party activists Adriann Barboa and Adrian Carver.

Governor Michelle Lujan Grisham has the exclusive authority to appoint her replacement. Governor’s spokesman Tripp Stelnicki said the Governor will solicit applications, conduct interviews and intends to choose someone who will not pursue the office in the next election as way of “ensuring voters have every opportunity to choose” the permanent replacement.

https://www.abqjournal.com/1400618/bernalillo-county-commission-chair-leaving-for-state-job.html?fbclid=IwAR3k-wPKk1V4K2LyYJZYabbWInNiHKMucmfMOfQfvWbC3BQHedkMDP_hKyg

COMMENTARY AND ANALYSIS

Bernalillo County Commission Maggie Hart Stebbins has been a major force on the County Commission when it comes to behavioral health programs and the behavioral health tax. Once she leaves, a leadership void will be created that will be very difficult to fill when it comes to behavioral health programs.

The county can be commended for the 9 programs initiated including a housing program for releasing inmates into housing, the “tiny homes” project, deploying one or two mobile crisis teams, and adding beds to the campus of MATS, a drug and alcohol detoxification center in Southeast Albuquerque. But far more is needed and sooner rather than later.

It is downright pathetic that after enacting the behavioral health tax on February 17, 2015, and more than $90 million collected in taxes, very little progress has been made with implementing needed mental health care programs. What is difficult to comprehend is that after 4 years of collecting the tax, the County only now is trying to figure out how to spend all the taxes that have been collected.

County Commission Chairwoman Maggie Hart Stebbins, a strong proponent of the mental health tax, admitted the revenue has not made it into the community as promoted and had this to say:

“There are still a lot of people in this community who need services, and we need to provide those services. … That’s what we promised the taxpayers.”

After more than four years of collecting the tax and collecting $90 million in taxpayer funding, the County Commission needs to step up the process, be far more aggressive in identifying and implementing behavioral health programs so desperately needed after the decimation of the all the programs by the former Republican Governor.

NM’s Mental Health Crisis; APD’s Handling Of Behavioral Heath Calls; Rebuilding A Decimated Behavioral Health Care System

Governor Michelle Lujan Grisham Announces More Behavioral Health Provider Settlements

On Friday, June 30, 2019, State Senator Richard Martinez was arrested for suspected drunk driving. Police reported that Martinez admitted to drinking after rear-ending a car in Espanola. A driver told police Martinez rear-ended him at a red light at Paseo de Onate and Fairview Lane in Espanola late at night. The arresting officer said he could smell alcohol coming from Martinez’s car and that when he asked Martinez how much he’s had to drink, Martinez changed his story a few times.

The incident report said the state senator failed field sobriety tests and while being booked into jail, he told officers in part “are you serious,” and refused to take a breath test. According to the incident report, he first said that he had one or two beers. He then said that it might have been more than that then claiming he “actually drank three glasses of wine.”

https://www.krqe.com/news/new-mexico/state-sen-richard-martinez-arrested-for-aggravated-dwi/

FOUND GUILTY; URGED TO RESIGN

On December 17, after a two-day bench trial, Senator Richard Martinez was found guilty of aggravated drunken driving and reckless driving. According to news reports, he will be sentenced on January 7, 2020 and he faces a minimum sentence of 7 days in jail and a maximum of 180 days in jail.

Senator Richard Martinez has said he will not resign and will seek reelection next year. While attending a legislative hearing in Los Alamos, he was asked if he plans to remain in the Legislature and he responded:
“Of course. I have no intention to resign and I’m running for reelection, too.”

https://www.kob.com/albuquerque-news/new-mexico-senator-plans-to-stay-in-office-following-arrest/5468958/?cat=500

After the verdict was announced, Governor Michelle Lujan Grisham urged Martinez to resign and issued the following statement:

“As I said at the time of this incident, Senator Martinez was obligated to reflect on his actions and how best to reconcile them with his position as a public servant in the state Legislature, in particular his status as chairman of an influential committee. The senator’s defense of himself does not suggest to me that any such personal reckoning has taken place – and given the judge’s unambiguous ruling this afternoon, I urge him to resign his seat. There is no way to square the circle: Drunken driving is an intolerable scourge in our state, and our elected leaders must hold themselves to the highest possible standard of behavior.”

Senate Majority Leader Peter Wirth of Santa Fe and Senate President Pro Tem Mary Kay Papen of Las Cruces said in a statement that they will recommend that Martinez no longer serve as Chair of the Senate Judiciary Committee and issued the following statement:

“Whether or not Senator Martinez continues to serve in the Senate will be left for Senator Martinez and the voters in his district to decide. … Now that the court has made its decision, the time has come for the New Mexico State Senate to take appropriate action. Based on the court’s ruling today, we will be recommending to the Committee’s Committee when it meets in January that Senator Martinez not continue to serve as Chair of the Senate Judiciary Committee.”

https://www.kob.com/albuquerque-news/sen-martinez-found-guilty-on-dwi/5580802/?cat=500

COMMENTARY

When Senator Richard Martinez was first arrested for his DWI, Governor Lujan Grisham did not call for Martinez’s resignation but said no one is above the law and that elected officials should be held to a higher standard. The Governor added the longtime lawmaker should think about his position as chair of the Senate Judiciary Committee as well as the message that the case sends to a community besieged by crime related to alcohol and drugs. She expressed hoped that Martinez “does the right thing.” He has not.

https://www.apnews.com/e969ad37a9444f5f8d5b01b0f3faa135

Now that he had been given due process of law and found guilty, Senator Richard Martinez should do the right thing and resign from the State Senate. At a bare minimum, Senator Martinez should be removed immediately as the Chairman of the Judiciary Committee.

The 30 New Mexico Legislative session starts in mid-January. An appropriate sentence is 30 days in jail commencing the first day of the legislative session.

A 30-day sentence would send the clear and unmistakable message that no elected official is above the law an certainly not a State Senator who is the Chair of the Senate Judiciary Committee and a retired Magistrate Judge.