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” or “Governor’s Message”.

On September 10, 2019, Governor Michelle Lujan Grisham’s “Cannabis Legalization Working Group” 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 Task Force proposal is a complete shift from the legislation that advanced through the state House in the 2019 legislative session where lawmakers embraced the idea of state-run cannabis stores as a part of a compromise with Republicans.

EDITOR’S NOTE: On January 16, 2020, house bill 160 was pre-filed for the upcoming legislative session. This blog article is a review of major highlights of the proposed legislation often asked about. It is not to intended to be a complete explanation of the legislation. You can read the 173 page bill at this link:

https://www.nmlegis.gov/Sessions/20%20Regular/bills/house/HB0160.pdf

PROVISIONS LEGALIZING RECREATIONAL CANNABIS

There are two separate bills that have been pre-filed, House Bill 160 and Senate Bill 115 . House Bill 160 is sponsored by State Representative Javier Martinez who served on the Governor’s working group. Senate Bill 115 is sponsored by State Senator Jerry Ortiz y Pino. According to both State Representative Javier Martinez and State Senator Jerry Oriz y Pino, both bills essentially have the same provisions. A final consolidated bill should emerge if enacted by both chambers.

Last year, it was the House that started the process with legalization of recreational cannabis. The approach this year is to have the Senate start the process in that it is the more conservative Senate that rejected last years efforts by the house. Getting it passed the Senate is the more difficult task.

The legislation is based on a report by the Governor’s Cannabis Legalization Working Group appointed to study the issue last year. The group had public meetings throughout the state and took testimony from interested parties. The group received over 200 pages of public comment from residents across the state prior to issuing is recommendations to address public health, public safety, testing, regulation and taxation of recreational cannabis.

House bill 16O is partially entitled “The Cannabis Regulation And Tax Act”. The title of the bill provides a nutshell of what the legislation does as follows:

The legislation creates a “Cannabis Control Division” within the state’s Regulation and Licensing Department and outlines duties and responsibilities of the new division (HB 160, page 11)

The bill creates a “Cannabis Regulatory Advisory Committee” (HB 160, page 15)

The Department of Health duties and responsibilities are enumerated (HB 160, page 19)

A “Public Health and Safety Advisory” committee is created (HB 160, page 20)

The bill establishes the medical cannabis subsidy program

Law enforcement reporting requirements for Department of Public Safety are revised (HB 160, page 22)

A “cannabis regulation fund” is established (HB 160, page 70)

A “community grants reinvestment fund” are created ( HB 160, page 70)

A “low-income medical patient subsidy” fund is established (HB 160, page 73)

It creates a cannabis “workforce training fund” (HB 160, page 73)

A cannabis industry equitable opportunity investment fund is created (HB 160, page 76)

A Cannabis Tax Act is contained in the legislation to allow state, city and counties to impose excise taxes (HB 160, pages 80 to 83) and provides for distributions from cannabis excise tax revenue

The legislation creates a roadside drug testing pilot project

The legislation creates a public education campaign

OVERVIEW OF LEGISLATION

The legislation will regulate both commercial and medical marijuana programs. The Cannabis Control Division of the Regulation and Licensing Division will have very broad and extensive authority to regulate the industry. The division will have powers to promulgate rules and regulations, including many mandates and limitations on license issuance and quality control. The Cannabis Control Division must be up and running by January 1, 2021, which is a very ambitious deadline given the magnitude of creating the industry.

The proposed legislation for the 2020 session does not include a provision calling for state-run cannabis stores. State run cannabis stores were proposed in the 2019 legislation that passed the House.

The proposed legislation will legalize use and sale of recreational marijuana for anyone age 21 and older. The 2019 New Mexico Legislature decriminalized possession which is now a $50 civil fine with no jail time. The proposed legislation provides for taxes on recreational pot at roughly 17% to 19% but makes medical marijuana tax-free and entirely subsides medical marijuana for low income patients.

The plan calls for food-grade testing of marijuana products. The legislation if passed will require all cannabis products sold in New Mexico to be tested and free from contaminants. Packaging must be clearly labeled with the THC dosage. The legislation also includes restrictions on advertisements that target youth. The legislation requires investments in training that would assist law enforcement officers in identifying impaired driving and not just limited to only cannabis-induced impairment.

The legislation does give local governments some authority to determine where cannabis dispensaries can be located. However, the state’s counties will not be given any authority to be able to prohibit cannabis sales nor prohibit the licensing of stores. In other words, local zoning rules will be able to be used to control the number of stores in an area where they the stores can located. This is identical to zoning restrictions placed on retail stores that sell pornography.

The legalization bill calls for generally a 19% tax rate. Each county and city have varying gross receipts tax rates and the cannabis tax would be added to those sales taxes. The tax is much lower than in other states and it is hoped it will prevent buyers from turning to the black market. The legislation will exempt residents in the medical cannabis program from the tax and would require cannabis growers to serve the medical market before the recreational market.

https://www.krqe.com/news/politics-government/gov-lujan-grisham-unveils-recreational-marijuana-legalization-proposal/

According to supporters, the tax will allow revenue to be generated for law enforcement efforts. Revenue generated by legalizing marijuana and taxation on ales will go toward law enforcement training and equipment, substance abuse treatment programs and the creation of a fund to help pay for medical cannabis costs for low-income patients. A proposed fund to help marijuana entrepreneurs is also proposed to help get the industry started.

Eleven states and the District of Columbia have enacted recreational use of marijuana for adults. Vermont and Illinois have approved cannabis legalization laws through the legislative process while the other 9 states have done so through ballot measures.

Cannabis is still classified as a Schedule 1 narcotic. Production, sale and distribution of cannabis is a violation of federal law but the US Department of Justice and Federal law enforcement authorities decline to take action against states that have legalized it. The proposed legislation includes provisions that provides for dismissal of cases involving individuals who were incarcerated for cannabis-related crimes.

NO VESTED PROPERTY RIGHTS GIVEN

The legislation avoids a traditional licensing system as is created for full-service alcohol licenses. With present alcohol full-service licenses, the number of liquor licenses are capped and based on population numbers and liquor licenses are the property of the licensees and not the state. Purchasers of full-service liquor licenses have “vested property rights”. 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 of a population cap is that licenses are purchased for a few thousand dollars from the state and held onto for an investment profit or windfall profit.

In other states where recreational cannabis has been legalized, major corporations and wealthy investors have been able to purchase licenses, monopolize the industry and have squeezed out small business’s owners and local investors. Under the proposed legislation, the goal is to keep the license cost to around $500 a month, or $6,000 a year, so small businesses and local entrepreneurs can afford the licenses.

As written, the recreational cannabis legislation contains no limit on the number of recreational cannabis licenses. Under the proposed legislation, the holder of a recreational cannabis license issued will have no vested property right in the license and the license is deemed property of the state. A license issued pursuant to the Cannabis Regulation Act will not be transferable from person to person, corporation to corporation or corporation to person. The licenses shall not be leased and shall not be considered property subject to execution, attachment, a security transaction, liens, receivership or all other incidents of tangible personal property under the laws of this state. (Page 28 of HB 160)

PROTECTIONS FOR STATE MEDICAL MARIJUANA PROGRAM

There are upwards of 80,000 people enrolled statewide in New Mexico’s medical cannabis program which became law in 2007. It is projected that there will be over 100,000 patients by 2021. Governor Michelle Lujan Grisham has made it clear that New Mexico’s “Medical Cannabis Program” must be protected and not be place into jeopardy by legalization of recreational cannabis.

The proposed legislation contains a provision “requiring that each cannabis retailer maintain at all times a supply of medical cannabis products suitable and sufficient to meet the reasonably foreseeable needs of qualified patients as determined by the department of health.” In the event of a shortage of cannabis products, qualified patients shall be served before any other consumer and the proposed law further provides that unused plants or products reserved for medical cannabis use may be offered to other consumers upon receiving division approval that all reasonably foreseeable medical cannabis needs have been met. (Page 13 of HB 160).

MEDICAL CANNABIS RESIDENCY REQUIREMENTS

The 2019 New Mexico Legislature enacted amendments to the medical cannabis law and Governor Lujan Grisham signed them into law. The legislature changed the definition of “qualified patient” by removing a requirement that an enrolled member of the medical cannabis program must be a New Mexico resident. The changes took effect on July 1, 2019.

After the amendments to the law took effect, a Santa Fed State District Court ruled that New Mexico must allow non-residents to participate in its medical cannabis program. Ultra-Health LLC, an Arizona licensed medical marijuana producer whose President and CEO Duke Rodriguez, a former NM Department of Health Secretary, file suite to challenge the New Mexico residency requirement and succeeded. Initially the Governor said her administration would appeal the decision.

Placed on the Governor’s legislative agenda is a bill that is intended to address a State District Court ruling that New Mexico must allow non-residents to participate in its medical cannabis program and to have a New Mexico residency requirement for a medical cannabis card.

PERSONAL PRODUCTION OF CANNABIS PROHIBITED

Under the proposed legislation, it is unlawful for a person intentionally to produce cannabis except as provided in the Compassionate Use Act and the Cannabis Regulation Act and provides for limitations. (Page 61 of HB 160).

RESTRICTIONS ON MUNICIPAL AND COUNTY AUTHORITY

The proposed legislation places limitations given to local government entities, municipalities and counties. (Page 44 of House Bill 160)

Under the legislation, a local jurisdiction may in part adopt reasonable time, place and manner rules that do not conflict with the Cannabis Regulation Act or the states Clean Indoor Air Act including rules that reasonably limit density of licenses and operating times consistent with neighborhood uses.

Also, local jurisdictions may allow for the smoking, vaporizing and ingesting of cannabis products within an indoor or outdoor cannabis consumption area on the licensed premises of a cannabis retailer or integrated cannabis micro-business. Allowing time, place and manner rules are similar to alcohol licensing requirements.

Two very notable restriction place on local jurisdiction are that “local jurisdictions shall not:

(1) prevent transportation of cannabis products on public roads by a licensee that transports cannabis products in compliance with the Cannabis Regulation Act; or
(2) completely prohibit the operation of any category of license.”

ADVERTISING AND MARKETING RESTRICTIONS

The legislation provides that the Department of Environment and Occupational Health and Safety shall promulgate extensive rules and regulations relating to advertising and that prohibit the advertisement and marketing of cannabis products on a billboard, radio, television or other broadcast media, with exceptions. Advertising to those under the age of 21 are strictly prohibited. Using cartoon characters and minors in advertising are banned. The legislation establishes youth prevention and education programs. (Page 55, 56 of Bill 160).

CONFLICTING POLL NUMBERS

There have been two polls conducted on the legalization of recreational marijuana with two totally opposite results.

A poll was conducted from November 26 to December 2, 2019 by Change Research. The poll was commissioned by the Governor’s Legalization Working Group and sampled 1,005 likely voters statewide. The poll found that 73% of likely New Mexico voters support legalizing cannabis in the 2020 legislative session.

https://marijuanaworkgroup.com/poll-75-of-new-mexicans-support-plan-to-legalize-cannabis-in-new-mexico/

Another poll of 930 registered voters was released by Emerson College on January 7, 2020 that found that 63% of New Mexico voters are opposed to full legalization and 42% supported keeping just medical marijuana. You can review the tab results spread sheet here:

https://learnaboutsam.org/wp-content/uploads/2020/01/Screen-Shot-2020-01-07-at-2.44.12-PM.png

GOVERNOR LUJAN GRISHAM ANNOUNCES SUPPORT OF LEGALIZATION

On Friday, January 17, 2020 Governor Michelle Lujan Grisham announced her unequivocal support for legalization of recreational marijuana emphasizing 4 major points:

1. Legalization will spur economic development and
2. Create thousands of jobs
3. Open new career options for younger New Mexicans, and
4. Act as a catalyst for new research into cannabis’ medicinal properties.

In a press release announcing her support, Governor Michelle Lujan Grisham had this to say:

“The Legislature has the opportunity to pass the largest job-creation program in New Mexico in a decade … Skeptics have been right to preach study and patience. I agree with their caution and that’s why we haven’t’ been rushed into this issue. But if we are clear-eyed about the risks, we have to be clear-eyed about the opportunity. … It is an incredibly important opportunity. … We are serious about getting it passed. It’s time to stop pretending cannabis is not already a part of our economy and culture. … The thousands of New Mexicans who work in, supply and serve our medical cannabis program are employers, they are doctors, they are entrepreneurs and they are neighbors.”

For economic benefits of legalization see:

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

According to the Governor’s office legalization of cannabis would generate upwards of 11,000 new jobs in agriculture, manufacturing, regulation, and retail industries. According to an independent economic analysis upwards of $620 million in sales will be achieved in the 5th full year of legalization. The Governor’s Office noted that medical cannabis producers last year sold almost 3 times more medical cannabis than chile.

Nine other states have already legalized recreational cannabis.

A HARD SELL

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

The fact that the State has some of the highest DWI rates and opioid addiction rates in the country clearly complicates the legalization of recreational cannabis and the statistics will no doubt be used again by opponents of the legislation. The New Mexico Special Agent In Charge of the Federal Drug Enforcement Administration (DEA) has already come out in opposition to the legislation.

Kyle Williamson, a special agent in charge of the El Paso division of the Drug Enforcement Administration (DEA), which also covers all of New Mexico, said marijuana is an illegal drug for a reason, calling it addictive, prone to abuse and almost impossible to use responsibly and saying:

“From a federal law enforcement standpoint, it is a dangerous drug. … Some people say marijuana isn’t addictive, it doesn’t lead to the use of harder drugs and legalization will not lead to more use … juvenile, adolescent use, adult use in Colorado has all increased.”

https://www.lcsun-news.com/story/news/2020/01/17/new-mexico-mulling-marijuana-legalization-what-know-proposal/4455250002/

JOHN STRONG COMMENTARY: CANNABIS BILL DOES NOT ADDRESS ONE VERY BIG PROBLEM

John B. Strong is a private business owner in New Mexico and an investor. John Strong has been investing in startups since 2004. He is a co-founder or board member at several different companies, mostly in technology, healthcare, and financial services. Mr. Strong describes himself as being “obsessed with entrepreneurship and small businesses.

Mr. Strong offered the following observation on recreational cannabis legalization:

“Cannabis legalization is certainly coming at some point to New Mexico. Voters are in favor of it, and the State wants the tax revenue it can generate. There is however, one glaring problem that other states are confronting that should be addressed in any bill.

This won’t ensure full compliance, but any serious dent in the problem would be meaningful to both the state and the dispensary operators, and it is not a difficult fix. The bottom line here: If we are serious about legalization, we might as well benefit as much as possible.”

COMMENTARY AND ANALYSIS

The problem that must be confronted is that it is likely thousands more will seek “medical cannabis” cards as a means of side stepping the prohibition of recreational cannabis use. Getting a doctor’s prescription for marijuana will probably be as easy it is to get opiods. Alcohol Prohibition was a failure, as is outlawing recreational cannabis use. The widespread use of marijuana and the “underground” black market economy must be recognized for what it is and it will never go away as long as people want and desire a product.

The arguments made by Special Agent In Charge of DEA that marijuana is a dangerous drug leading to increase drug use are arguments that have been made repeatedly over the last 60 years by those in law enforcement who have been involved with the “war on drugs” first declared by President Richard Nixon and later carried on by First Lady Nancy Regan with her “Just Say No” to drugs campaign, which was laughable at best.

This country’s and New Mexico’s “war on drugs” when it comes to marijuana use has been a miserable failure with billions spent and wasted, money that would have been better spent on education, roads and even drug treatment and counseling. Many of the arguments that marijuana is a “gateway drug” to far more addictive drugs such as heroin and cocaine have been repeatedly debunked, but that is an argument better left for a later date.

For related articles see:

https://www.drugpolicy.org/sites/default/files/DebunkingGatewayMyth_NY_0.pdf

https://www.factcheck.org/2015/04/is-marijuana-really-a-gateway-drug/

Even though Democrats hold comfortable majorities in both the New Mexico State Senate and the House of Representative the legalization of the recreational use of marijuana in the 2020 session is far from certain, even with the Governors unequivocal support. There are still many members of the Senate and House, both Democrat and Republican, that have staunchly opposed all previous efforts to legalize recreational cannabis.

Although Governor Lujan Grisham supports the general concept of legalization of recreational marijuana, she has stressed repeatedly that any new law allowing recreational marijuana must not interfere with the state’s medical cannabis program, it must address driving while under the influence and it must protect workplace safety. It appears that the proposed legislation addresses those issues.

When it comes to the legalization of the recreational use of marijuana, both the house and the senate bills avoid a traditional licensing system like it created for full-service alcohol licenses. As written, the recreational cannabis legislation contains no limit on the number of recreational licenses, gives no vested property rights to license holders and makes it clear that the licenses are property of the state.

The two conflicting polls in essence cancel each other out. In politics, polls are often inaccurate as learned in the 2016 national election. A poll commissioned by a party that has a stake in an outcome are always subject to skepticism. The only polls that really matter are the ones where people actually vote and not just asked their opinions. One option that should be considered is placing the legalization issue on the ballot for voters to decide, which has been done in other states like Arizona and Colorado.

However, if a strong consensus can be achieved and if a recreational legalization program can be supported by large majorities in both the House and Senate, they should proceed and vote to legalize the recreational use of marijuana. Without a strong consensus, the enactment of the bill without a public vote will no doubt be and ongoing controversy.

Legalize, regulate, tax recreational marijuana like alcohol and cigarettes.

For related blog articles see:

NM Legislature Should Avoid Traditional Licensing Of Recreational Cannabis Based On Population; “Let Supply And Demand” Market Forces Decide

“Recreational Pot” Task Force Report Long On Recommendations, Short On Legislation; Legalizing Recreational Pot Far From Certain

Legalizing Recreational Pot Will Be Economic Boost To New Mexico; Legalize, Regulate, Tax Like Alcohol And Cigarettes.

https://www.krqe.com/news/albuquerque-metro/mayor-tim-keller-tackles-citys-most-controversial-topics-during-one-on-one-interview/

This Channel 13 news report is what you got to call “happiness on steroids” to deal with some very serious problems and issues the city is facing . KRQE did not even bother to ask Keller if he agreed with APD Chief Geier’s assessment that “Generally, it’s a safe city” and when Geier said all the crime is being done in certain “pockets” of the city, a bogus claim Geier made a few days before on Channel 4.

What were interesting are the Mayor’s comments about the finding a location for the Homeless Shelter and the ART Bus project.

He said he would have no problem putting the homeless shelter close to his own neighborhood, which is the Albuquerque Country Club Area, because the homeless 24 hour, 7 day a week shelter is his idea.

Mayor Keller also said the logical next move for the ART Bus project is to expand it to Coors and the Sunport much later down the road but for now he’s keeping his focus along Central. Given all the accidents involving the buses and the negligent design of ART, not to mention the woman who was killed when a bus ran into her, the logical step is to abandon the project, find alternative uses for for the platforms, and it sure is not logical to expand it.

For a related blog article see:

https://www.petedinelli.com/2020/01/17/generally-its-a-safe-city-according-to-apd-chief-michael-geier-commentary-like-hell-it-is/

On January 16, KOB 4’s news anchor Steve Soliz sat down with Albuquerque Police Chief Mike Geier to see what APD is doing to tackle the city’s crime crisis. The interview is part of an ongoing process by Channel 4 to cover the city’s crime problem and ask our leaders what is being done. The link to the channel 4 interview is here:

https://www.kob.com/albuquerque-news/1-on-1-with-apd-chief-mike-geier/5612682/?cat=500

This is one interview that is a must see by anyone who is concerned about the city’s high crime rates. Instead of expressing any kind of outrage nor showing any kind of real emotion or frustration and saying what he is doing, we have a police chief in a very quiet, meek voice and in a “matter of fact manner” say APD is doing all it can with the resources it has and saying some progress has been made with auto thefts.

The real jaw dropper was when Cheif Geier was asked what he would say to someone who has concerns for the city, who has lived here for some time and who feels the city is no longer the city they once knew. Geier said he would tell them “Generally, its a safe city” and went on to say all the crime is being done in certain “pockets” of the city that are targeted. He said APD is making an effort with the limited resources it has, but saying that is no excuse, but sounding like it was an excuse.

APD Chief Michael Geier noted in the interview he has increased the homicide unit from 5 to 11 detectives. According to APD, this is the most detectives they’ve had in the unit in more than 20 years. Geier did not disclose the fact that homicide unit detectives have solved 38 out of the 82 of the cases from last year, or a dismal 46% clearance rate, even after the homicide unit was given additional training on homicide investigations last year by a former APD Homicide Detective with a national reputation who had a 95% clearance rate upon retirement and who is now a consultant.

The homicide clearance percentage has sat in the 50%-60% range for the past two years, but this is lowest clearance rate in the last decade. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017 the clearance rate was 70% and the clearance rate for 2018 was 56%. The clearance rate is now below 46%. In other words, APD’s clearance rate has gone from 70% to 46% all under the watch of Chief Michael Geier and Mayor Tim Keller.

LIKE HELL IT’S A SAFE CITY

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.

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.

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. 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.

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

On December 31, the Albuquerque Police Department (APD) officially recorded the 82 homicide for the city, an all-time record. On January 1, 2020, APD reported the first homicide of the year. It was on December 9, 2019, the city recorded its 74th homicide breaking the previous record of 72 murders set in 2017. Before 2017, the last time the City had the highest number of homicides in one year was in 1996 with 70 murders that year. In addition to the 82 homicides in 2019, APD Homicide detectives are also working on a back log of active cases from previous years.

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.

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, yet Chief Geier says “Generally, it’s a safe city”.

COMMENTARY AND ANALSIS

No Chief Geier, generally Albuquerque is not a safe city but has become one of the most violent city’s in the country, otherwise “Operation Relentless” pursuit would not include Albuquerque. Your departments own statistics on a crime map, at least the accurate ones, is bright red with dots showing crime scenes virtually all over the city, in every quadrant, a map used by Mayor Tim Keller when making a presentation to the Albuquerque Bar Association.

Try telling “it’s a safe city” to the thousands of people who have been victims of crimes, have had their cars stolen in all parts of the city and the families of the 82 murdered victims, which includes the mother of two law enforcement officers killed in her driveway that you cited in your interview with Channel 4.

Candidate Tim Keller campaigned to be elected mayor on the platform of implementing the U.S. Department of Justice-mandated reforms, increasing the size of the Albuquerque Police Department, returning to community-based policing and promising to bring down skyrocketing crime rates. For two years, Keller tried to take credit for crime rates being on the decline. It turns out the numbers were inflated, with Keller blaming it on antiquated software. The city recorded 82 homicides in 2019, an all-time record.

Mayor Tim Keller and Chief Geier have been given everything they have wanted from city council for public safety – and then some. What is very troubling is that all the increases in APD budget, personnel and new programs are not having any effect on bringing down the violent crime and murder rates and the city is no longer safe on many levels in virtually all quadrants of the city. It is no longer an issue of not having the money, personnel or resources, but of a failed personnel resource management issue.

It is also obvious that the APD command staff Keller handpicked is not getting the job done. Major personnel changes are in order, including asking for more than a few resignations, starting with the APD command staff Keller picked and reorganizing APD. The reorganization would include increasing the number of officers sworn to patrol the streets and increasing the various units, such as the homicide perhaps to 24, and the investigations units.

If Chief Geier sincerely believes that Albuquerque is “generally a safe city”, no doubt because he believes he and Mayor Keller have done such a fantastic job making the city safe, he should declare victory over our crime rates, be thank by Mayor Tim Keller for his service to the City and retire and move on. As for Keller, voters will be deciding in 2021 if he should join his hand picked Chief in retirement from public office.

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” or “Governor’s Message”. Revenue bills, such as taxation, may also be considered during 30-day sessions. Democrats hold a 46-24 edge in the House and a 26-16 majority in the Senate.

On Wednesday January 15, six days before the 2020 legislative session, Governor Michelle Lujan Grisham announced what she has placed on the agenda for the 2020 session. Any time during the session, the governor can add other bills to the legislative agenda, including substitute bills. According to news reports, Governor Michelle Lujan Grisham plans to add at least two dozen proposals to this year’s legislative agenda, many which were informally announced by the governor in interviews, events or anticipated by political observers.

GOVERNOR”S ANNOUNCED LEGISLATIVE AGENDA

Following is a listing of the legislation placed on the Governors call:

RECREATIONAL MARIJUANA

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. Confidential sources have said that a number of Republican lawmakers are working on their own version of a recreational marijuana law that has general licensing not pinned to population as are liquor licenses.

One major decision that the New Mexico legislature may decide on is to place the legalization of recreational cannabis on the 2020 general election ballot and let the voters decide the issue. There have been conflicting polls, one poll suggesting overwhelming support by the public of legalization and another poll showing strong opposition to legalization. The only polls that really matter are the ones where people actually vote and not just asked their opinions.

For a related blog blog article see:

https://www.petedinelli.com/2020/01/08/nm-legislature-should-avoid-traditional-licensing-of-recreational-cannabis-based-on-population-let-supply-and-demand-market-forces-decide/

“RED FLAG” TEMPORARY SEIZURE OF FIREARMS

On January 8, during a press conference held in the city of Las Cruces, New Mexico Governor Michelle Lujan Grisham called upon state lawmakers to pass a “red flag law” during the 2020 legislative session that begins on January 21. The “red flag” legislation is being co-sponsored by State Representatives Daymon Ely, D-Corrales, Joy Garratt, D-Albuquerque and State Senator Joseph Cervantes, D-Las Cruces.
The legislation was pre -filed on January 8 ahead of the 2020 Legislative session. Under the proposed law a law enforcement officer or family member requesting an extreme-risk protection order would provide a sworn affidavit explaining in detail the facts and circumstance as to why the order is needed against a person. A judge could then issue a 15-day emergency order to seize the weapons and ammunition from that person and would schedule a hearing to determine if there was a need for a one-year order. When the court order expires, the guns and ammunition would then be returned to the individual.

CREATING AN EARLY CHILDHOOD TRUST FUND

The Governor is proposing a onetime $320 million new early childhood endowment trust 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 has previously 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.

ESTABLISHING A NEW COLLEGE SCHOLARSHIP PROGRAM

The Governor has placed on the call a bill creating a new scholarship program called “New Mexico Opportunity Scholarship” that would benefit an estimated 55,000 college students and expand funding for child-care assistance and pre-Kindergarten programs statewide. The “Opportunity Scholarship” will cover the cost of tuition for students enrolled at New Mexico colleges and universities 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. This funding will restore the initial promise of the Lottery Scholarship and re-establishing essential career pathways for New Mexicans across the state.

PERA OVERHAUL AND SOLVENCY MEASURES

The Governor’s call includes financing to shore up the finances of the Public Employees Retirement Association (PERA) with a $76 million allocation for PERA.

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.

ECONOMIC DEVELOPMENT AND TOURISM

The Governors call includes her 2020 proposed Executive Budget containing funding to continue the successful investments made using the LEDA program of $40 million. $10 million will be used for rural infrastructure projects. The LEDA program has successfully encouraged businesses to come to New Mexico to stimulate economic growth in the state and leveraged $2.3 billion in private investments over the last six years. The FY20 goal is to create 2,500 jobs, and the addition of the rural fund will allow greater flexibility and opportunity for projects located in non-metro communities.

PUBLIC SAFETY

The Governors call includes legislation increasing penalties for use of a firearm in some felonies and racketeering, toughening criminal penalties for human trafficking and creating criminal offenses and penalties for threats that disrupt schools. The Governors Executive Budget includes funding for the Department of Public Safety budget at $163.9 million, which will provide for a total of 60 new State Police officers, including equipment and training. Additional funding is included for ten new staff for forensic labs, including six new forensic scientists and a new data-sharing system that will address gaps in inter-agency communication, as well as $6.3 million for state police recruitment and retention initiatives.

MANDATING IN STATE RESIDENCY FOR PEOPLE ENROLLED IN STATE MEDICAL CANNABIS PROGRAM

This bill is intended to address a State District Court ruling that New Mexico must allow non-residents to participate in its medical cannabis program.

There are over 76,000 people enrolled statewide in New Mexico’s medical cannabis program which became law in 2007. The 2019 New Mexico Legislature made amendments to the medical cannabis law and Governor Lujan Grisham signed them into law. The legislature changed the definition of “qualified patient” by removing a requirement that an enrolled member of the medical cannabis program must be a New Mexico resident. The changes took effect on July 1, 2019.

Ultra Health LLC, an Arizona licensed medical marijuana producer whose President and CEO Duke Rodriguez, a former NM Department of Health Secretary, file suite to challenge the New Mexico residency requirement. The Plaintiff’s Ultra Health LLC and Duke Rodriguez were represented by Speaker of the House Brian Egolf who opposed the State but who voted for the amendments enacted in the 2019 legislative session.

On August 29, 2019, Santa Fe District Judge Bryan Biedscheid ruled that New Mexico must allow non-residents to participate in its medical cannabis program.

According to the court’s ruling the language of the amended medical cannabis statute is clear:

“This statute, plainly and unambiguously, does away with the requirement of residence of the state of New Mexico … Continuing to insist on a showing of residence for eligibility in the program, when that has been taken out by the Legislature, is not appropriate. … it does not allow the Department of Health to withhold identification cards to qualifying patients who live outside of New Mexico. …”

Governor Michelle Lujan strongly objected to the Court ruling and said at the time:

“We remain of the opinion that New Mexico’s medical cannabis program should not be bulldozed by an out-of-state litigant operating with his own financial interests at heart rather than those of the state’s medical program or of the many New Mexicans who depend upon it … [The ruling] contradicts both the intent of the legislative sponsor and the interpretation of the New Mexico Department of Health … .”

Initially the Governor said her administration would appeal the decision, but such an appeal was never reported upon and the legislation appears to be the route that is now been taken.

A major issue that no doubt be raised is to what extent Speaker Egolf will be involved with the legislation, if he will allow it to advance through the House and if he intends to vote for or against or abstain from the proposed law that an enrolled member of the New Mexico medical cannabis program must be a New Mexico resident.

OTHER LEGISLATIVE PRIORITIES ANNOUNCED

According to a news report, other legislation placed on the Governor’s call include:

Putting parts of the Affordable Care Act into state law.

Health legislation to reduce medicine costs by importing drugs from Canada and creating a new regulatory system for tobacco products.

Proposing a new tax incentive for renewable energy.

Increasing the financial amount on how much the state can invest in New Mexico based businesses through the severance tax permanent fund.

Expanding the state’s sex-offender registration rules to include sex offenders who visit New Mexico from out of state.

Establishing a $25 million trust fund to address the needs of seniors, veterans and adults with disabilities.

Approving tax credits for electric vehicles and solar energy projects.

Creating an office to work on importing medicine from Canada to help reduce drug costs.

Make structural changes to the Public Regulation Commission.

https://www.abqjournal.com/1410221/lujan-grisham-sets-session-agenda.html

REPUBLICAN SPONSORED BILLS ON THE GOVERNORS CALL

A few of the bills on the Governors Call include legislation sponsored by Republican law makers, indicating the Governors willingness to work with Republicans.

A bill sponsored by Republican Rep. William “Bill” Rehm of Albuquerque centers on increasing penalties on the use of a gun in a non-capital felony offenses.

Bills on the governor’s agenda include bills being co-sponsored by Republicans include legislation for an electric vehicle tax credit, financial incentives for transmission lines and an overhaul of the pension system for government employees.

GOVERNOR’S STATEMENT

In a statement announcing the 2020 Legislative agenda, the Governor had this to say:

“My call for this legislative session underscores the work we are undertaking on two fronts: addressing urgent needs and strategically investing in sustainable improvements over the long term. These proposals are investments in the present well-being and future success of students, workers, kids and parents all across New Mexico. … These are quality-of-life initiatives I am proud to introduce and support.”

ACCELERATED COMMITTEE SCHEDULE

Because the legislative session is the 30 day short session, as usual the New Mexico legislature is on an accelerated schedule and legislative committees, especially those that deal with the $7.7 billion dollar budget being proposed, are already holding hearings before the session. The House Appropriations and Finance Committee is conducting hearings for more than 50 state agencies.

Adoption of the final budget by reaching a consensus between the Governors proposed budget and the Legislatures proposed budget is the number one priority for the session. The two budget recommendations overlap and contain similar spending priorities. The governor is recommending $7.7 billion budget with an increase of about 8.4% while the Legislative Finance Committee is recommending $7.5 billion budget. The work to reconcile the budget differences has already begun in the House where the budget is the first item of business.

Four Cabinet secretaries and State Police Chief Tim Johnson are up for confirmation votes this session. They are Ryan Stewart of Public Education, Elizabeth Groginsky of Early Childhood Education and Care, Katrina Hotrum-Lopez of Aging and Long-Term Services, and Alisha Tafoya Lucero of Corrections. They are running their departments on an interim bases, and if they are not confirmed, they must step down and a new person nominated by the Governor.

The Senate Rules Committee, Chaired by State Senator Linda, has already held confirmation hearings for more a dozen new appointees to state boards and commissions. The Senate Rules Committee makes recommendations to the full Senate who has a final vote to approve or reject the appointment.

https://www.abqjournal.com/1409723/before-opening-day-lawmakers-already-at-work.html

ANALYSIS AND COMMENTARY

The fact that Governor Michelle Lujan Grisham has placed on her call legislation either sponsored or co-sponsored by Republicans indicates a willingness to work with Republicans, which is a dramatic departure from the way her Republican predecessor operated and interacted with Democrats and even members of her own party. Gone is Republican Governor “SHE WHO MUST NOT BE NAMED” that for the full 8 years she was in office was vindictive, mean spirited and condescending to legislators, both Democrats and Republicans. Republican Governor “SHE WHO MUST NOT BE NAMED” lacked all ability and had no background to work with the New Mexico legislature to get things done and soon lost credibility with her zealous use of the veto pen, even on legislation that would pass overwhelmingly with bi partisan support.

One thing is for certain, the Governor Michelle Lujan’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.

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. 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 such as recreational marijuana, red flag laws and PERA solvency issues.

For related blog articles see:

Governor Michelle Lujan Grisham Proposes $7.68 Billion Dollar Budget; LFC Releases Own Budget; Children And Education Once Again Biggest Priorities

Governor Lujan Grisham’s 2020 Legislative Agenda: Education, Recreational Pot, PERA Solvency, Public Safety, “Red Flag” Law; No Tax Code Overhaul

Governor Michelle Lujan Grisham Seeks “Red Flag” Law Enactment In 2020 Legislative Session; Other Gun Control Measures Should Be Considered, Including Repeal Of New Mexico’s Open Carry

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.

MAYOR TIM KELLER’S LEGISLATIVE WISH LIST

On December 2, Albuquerque Mayor Tim Keller revealed his legislative priorities for the upcoming 2020 New Mexico Legislative session that starts on January, 21. 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.

Mayor Keller’s request in funding was made within days after it was revealed Keller 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

REQUESTED UPGRADE INCLUDES GPS FOR DISPATCH

The $20 million in upgrades in the city’s existing crime-fighting technology being requested by the Mayor Keller from the New Mexico Legislature includes upgrades to the Albuquerque Police Departments (APD) computer and records systems. The systems are used by APD police in their assigned squad cars and the mobile crime scene units. It also includes funding for new technology in gunshot detection devices and license plate scanners.

Major upgrade funding is being sought for APD’s 911 dispatching capabilities to include Global Positioning System (GPS). As it exists today, when a call is made to 911, the answering dispatcher will dispatch a police officer usually based on availability regardless of how far away the officer is.

Each time a 911 call is answered by dispatch, the call can get routed through the Real Time Crime Center (RTCC) where upon RTCC analysts work through different records systems to find out as much background about who the call is made about so that the information can be relayed to the dispatched police officer. Such background information is critical to the police officer to know what they may be dealing with, including identifying a violent offender or a person who is mentally ill.

APD Commander Chris George of the Scientific Evidence Division explained it this way:

“Right now, the [911] dispatcher says ‘OK, this officer is not on a call, we’ll use him or her. They’ll be on the way over.”

The goal of APD is to improve existing software and purchase new software, where APD’s various systems will be integrated and will be able to quickly compile information on an address or a call before an officer heads out to take the call.

According to Commander George, police departments across the country have GPS integrated into to their computer dispatch systems so the officer closest to a call is the police officer sent to an emergency call.

https://www.abqjournal.com/1407597/mayor-offers-more-detail-on-apds-plan-to-modernize.html

ONE ALBUQUERQUE FOUNDATION

Last year on January 7, 2019, Mayor Tim Keller announced the creation of the One Albuquerque Foundation. It’s a foundation formed by the city to collect donations from the general public to support city initiatives. According to the city’s website page:

“… the endowment Fund raises funds in support of and to supplement measurable city priorities, including the housing voucher program for people experiencing homelessness, recruiting and retaining public safety officers, expanding opportunities for young people in Albuquerque, and equipping our workforce with the skills they need to succeed. Additional funding for these priorities will accelerate progress and help scale significant investments the City is already making go much farther, much faster.”

The web page described the fund as akin to the Mayor’s Charity Ball which raised money to be distributed to charitable efforts. It really is not, because with the Mayor’s Charity ball, money was raised and then given to charitable causes, while the One Albuquerque Fund collects donations for the city and gives it to city priorities.

On August 13, 2019, it was reported that the One Albuquerque Foundation had raised $17,000 and paid housing vouchers to help the homeless.

https://www.krqe.com/news/albuquerque-metro/one-albuquerque-fund-raises-17000-to-help-the-homeless/

On January 6, 2020, a year from the date it was created, Mayor Tim Keller held a press conference at a Downtown restaurant attended by city officials and members of the business community to formally launch the “One Albuquerque Fund”. Mayor Keller announced that since the One Albuquerque Fund was announced, the fund has raised $200,000. According to Charles Ashley III, the One Albuquerque Foundation president, none of the money currently in the fund came from diverting money from existing city programs.

During the press conference, the foundation presented checks of $5,000 to fund APD police recruitment efforts and $20,000 to provide additional housing vouchers for the homeless. The foundation’s board of directors has identified four areas that it wants to provide funding to:

1. Police recruitment
2. Job training
3. Homeless and
4. Youth initiatives

During the press conference Mayor Tim Keller had this to say about the One Albuquerque Foundation:

“[This is] the best way for the city to partner with businesses, individuals, nonprofits and foundations, because we’re all in this together as One Albuquerque. [It allows the city to better] facilitate public-private partnerships to deal with some of our biggest issues.”

https://www.abqjournal.com/1407588/new-foundation-will-support-city-initiatives.html

CITY “BLOATED WITH CASH”

In May, 2018, 5 months after he assumed office, Mayor Tim Keller signed into law a gross receipt sales tax increase enacted by the City Council. 70% of the tax was dedicated to public safety. The tax raises $55 million a year in revenue. Keller broke a campaign promise not to raise taxes, even for public safety, without a public vote. The rational for the tax increase was that the city was faced with a $40 million dollar deficit. The deficit never materialized and the tax increase was not repealed.

The City of Albuquerque has an operating budget of $1.1 billion for the fiscal year that began July 1, 2019 and ends on June 30, 2020. It was the first time in city history that the city operating budget exceed the $1 Billion figure. The 2019-2020 budget represented an overall 11% increase in spending over the previous year.

In April, 2019 a onetime $34.4 million dollar windfall to the city was reported from what was called an “orphan month”. The $34.3 million “one-time, lifetime” boost in revenues could not be applied by the city toward recurring costs. $29 million of the $34.3 million was applied to numerous one-time investments the Keller Administration felt important, including $6 million for public safety vehicles such as police cars for new police cadets, $2.3 million for park security, $2 million for the business recruitment and growth and $2 million for housing vouchers and related programs.

https://www.petedinelli.com/2019/04/04/orphan-month-windfall-of-34-million-used-for-1-1-billion-city-budget-no-new-taxes-city-to-charge-for-car-crash-clean-ups-and-vehicle-fires/

On October 7, 2019 the City Council approved a $30.5 million “Sports -Tourism” lodger tax package on a unanimous vote submitted Mayor Keller to upgrade and build sports facilities throughout the city. Revenue generated by the lodger’s tax will be used to pay off the $30.5 million bond debt. Lodger tax revenues are supposed to be used to promote tourism and tourism functions and facilities; not general sports venues used by the general public.

http://documents.cabq.gov/budget/fy-20-proposed-budget.pdf

ANALYSIS AND COMMENTARY

There is no doubt that the dispatch and computer upgrades are necessary. Recruiting police officers for and understaffed department is also very important. The real question is why should the New Mexico Legislature fund them given the way the city is so bloated with money?

Albuquerque Police Department has a total operating budget of $209,852,000. Mayor Keller’s Administration is to spending $88 million dollars starting last year in the 2018-2019 fiscal year, over a four-year period, with $32 million dollars of recurring expenditures, which includes recruitment funding, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers.

The massive investment in APD is being done in order to full fill Mayor Tim Keller’s 2017 campaign promise to increase the size of APD and return to community-based policing as a means of reducing the city’s high crime rates. Last year’s 2018-2019 fiscal year budget provided for increasing APD funding from 1,000 sworn police to 1,040. This year’s 2019-2020 fiscal year budget has funding for 1,040 sworn police.

Mayor Keller has been given everything he has wanted for public safety and then some by the Albuquerque City Council, including money for equipment and recruitment. It is difficult to understand and justify Mayor Keller seeking $20 million more from the Governor and the New Mexico legislature to “modernize” the police department records keeping and 911 dispatch. The funding should come from the city’s general fund, and the $55 million dollar a year gross receipts tax enacted less than 2 years ago that dedicates 70% to public safety. The communication upgrades need to be included in the 2020-2021 budget that Keller will be submitting on April 1 for approval by the City Council with new budget to go into effect on July 1, 2020.

THE FAMILY AND COMMUNITY SERVICE DIVISION

The Family and Community Service Division of the City of Albuquerque has an annual approved operating budget of $79.7 million. The city spends $8 million a year to provide 775 vouchers for rental assistance and to move homeless people from the street into housing. In the 2019-2020 approved city budget, an additional $2 million was added to the fund which allowed another 125 to 150 people to get into housing.

https://www.petedinelli.com/2019/10/29/compromise-consensus-and-concessions-needed-for-city-homeless-shelter-vote-yes-on-bond-question-2/

Highlights to the increases in social services provided by the Family and Community Service Division contained in the 2019-2020 approved budget include:

$15 million in affordable housing contracts.
$8.2 million in homeless services.
$5.7 million in mental health and substance abuse contracts.
$18.2 million for homeless and behavioral health programs. Prior to the enactment of the gross receipts tax increase, these programs were originally projected to be cut by $2 million.
$1 million and over in funding of early intervention and prevention programs, domestic violence shelters, domestic violence services, sexual assault services, services to abused and for neglected and abandoned youth

https://www.petedinelli.com/2018/04/02/billion-dollar-budget-reflects-dramatic-change-in-city-priorities/

ONE ALBUQUERQUE FOUNDATION

The biggest argument that is being made for the creation of the One Albuquerque Fund by the city is that institutions such as the Albuquerque Public Schools, Central New Mexico Community College and the University of New Mexico all have their own foundations to support those entities and the City of Albuquerque should have its own foundation. The argument is bogus. The City has unilateral taxing authority that can be enacted by the City Council whenever it chooses while all the other institutions must rely upon the New Mexico Legislature for their funding.

It is difficult to understand Mayor Keller’s motivation with One Albuquerque Foundation when he says “[This is] the best way for the city to partner with businesses, individuals, nonprofits and foundations … .” No its not. The Albuquerque Community Foundation has been in existence for decades that is doing many of the things being suggested for One Albuquerque. Charitable donations from the general public are difficult enough as it is for private charitable organizations such as the United Way and the Albuquerque Community Foundation and now they have to compete with the Mayor’s One Albuquerque Foundation so he can say “we are all in this together”. The “United Way” charitable foundation sends the very same message and at one time city hall employees were allowed to participate in “United Way” fundraising and it was discontinued by Keller’s predecessor.

Contained in Mayor Keller’s $88 million-dollar APD expansion program with the $32 million dollars of recurring expenditures is funding for officer recruitment. It is difficult to understand why the One Albuquerque Foundation feels the need to make any donation, even as small as $5,000 for police recruitment given the millions being dedicated to APD. Further, $20,000 to provide additional housing vouchers for the homeless no doubt is an amount that again should have been absorbed by the Family and Community Services Department.

CONCLUSION

It is a pathetic practice for any government entity to solicit donations from the public to carry out is duties and responsibilities to the public, especially when it has already allocated millions to specific causes. The City of Albuquerque is bloated with a $1.1 Billion Budget, a $55 Million Tax Increase revenues, $35 Million Orphan Month Windfall as well as $30.5 million in lodger tax bond revenues, yet Mayor Keller’s budget and financial management approach to ask for even more funding from the New Mexico legislature and for a charitable foundation. Such a request reflects a total disconnect from reality. It reflects management negligence and an inability to live within one means and always demanding more.

The creation, purpose and intent of the One Albuquerque Foundation is a noble cause so long as the foundation money is not utilized for essential services and government functions that are already covered and paid for in the city’s $1.1 billion dollar budget and that are arguably charitable in nature, such as vouchers and housing for homeless and youth initiatives. Police recruitment, job training and vouchers for the homeless are among those priorities already budgeted for by the city and contributions have already been made in a sense in the form of the taxes we pay. The Albuquerque One Foundation with the $200,000 collected is not going to have much of an impact on the needs of a city that has a $1.1 Billion dollar budget.

On April 1, 2020 Mayor Tim Keller will be submitting the administration’s annual budget. It anticipated that the $1.1 billion city hall budget will increase even more. One thing to look for is funding for the updating of the city’s computer dispatch center and the funding being provided to the causes the One Albuquerque Foundation has made contributions to.

There is a line between Politics and Law Enforcement that should never be stepped over. The APD Police Union has stepped over that line repeatedly over the last 3 years. Recently, it was revealed just how bad the relationship between Mayor Tim Keller and the police union have fallen when Keller announced programs to reduce crime and when false crime rates were reported. The Police Union President also did a FACEBOOK video endorsing a City Council Candidate in a runoff election supporting a Republican candidate for City Council when the Mayor was supporting the Democratic candidate running.

METRO 15 ANNOUNCEMENT

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. At the time of the press conference, the city’s homicide count was at 72, matching the cities record in 2017. It is now at 82 murders for 2019, a historical high.

Keller dubbed the new program “Metro 15 Operation” and it’s part of the Violence Intervention Program (VIP) program Keller announced the week before. According to Keller and Geier the new program targets 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 will be identified by the Bernalillo County District Attorney’s Office. Once a violent offender is caught, another violent offender will be added to the list.

Under the “Metro 15 Operation” program, APD is supposedly partnering with the Attorney General’s Office, the Bernalillo County District’s Office, the New Mexico Office of Superintendent of Insurance, and the state’s Probation and Parole Division. The multi-agency effort will also work with the FBI and the U.S. Marshal’s Office.

During the press conference, Keller had this to say about Metro 15:

“Today isn’t about data, or technology, or planning. It is about bringing all hands-on deck for a crackdown on the worst perpetrators of violent crimes in our city. It’s about going after someone at the right time, with the right set of information so that we can arrest them, keep them in jail, and bring justice to what they have done to our community. … I want to remind everyone the Metro 15 is not about necessarily data or technology; this is about going after the most … we think perpetrators of violence in the Albuquerque area.”

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.

APD Chief Geier had this to say about the Metro 15 Operation:

“We have all had enough. It’s time to take back our city. … We’re working with the District Attorney to put more thought into this in terms of the violent offenders we should be targeting. … We don’t want to use our precious resources and manpower just to organize short-term tactical plans or warrant roundups and put a Band-Aid on the problem.”

APD UNION REACTION TO METRO 15

In a Channel 4 News Report, Albuquerque Police Officers’ Association president Shaun Willoughby was quick with sarcastic and sharp criticism of the Metro 15 Operation and said:

“This Metro 15 – it’s a great concept. It’s a re-branding of a concept we’ve been doing for years … We work well with the DA’s office and I find it good and powerful that all of these entities are coming together because they just told everybody that their credibility is on the line too. … We need to focus on that. Less PR (public relations), less puff, more actual, basic police work. [Community policing is] a great thing for the community. We love taking a group of kids to see a Frozen movie. We want to have relations with this community and we want to build and focus on community policing but the number one attribute of community policing is policing.”

In response to Willoughby’s comments a spokesperson for Mayor Keller told KOB 4:

“Despite resistance from the union leadership, APD has made great strides in meeting the requirements of the Court Approved Settlement Agreement [CASA] and we continue to restore public trust in our officers.”

The Keller Administration also felt it necessary to issue the following statement:

“The first thing Mayor Keller did when he took office was overhaul the police department to more effectively fight crime and invest in officer salaries to make APD recruitment more competitive. We inherited the smallest police force in recent memory at fewer than 850 officers, and we are on track to meet our goal of hiring 100 new officers a year for 4 years. The additional officers allowed APD to more than double the number of homicide detectives, while providing investigative training for all detectives. We created Problem Response Teams in every Area Command, brought back bike patrols, created the Downtown Public Safety District, re-opened community substations, tackled the rape kit backlog, resulting in the prosecution of serial rapists, and created the Violence Intervention Program that has officers who are dedicated to reducing violent crime. Our focus on recruiting is unrelenting.”

https://www.kob.com/albuquerque-news/police-union-wants-more-officers-less-press-conferences/5564651/?cat=500

THE CRIME RATE FIASCO

On Sunday, December 1, 2019, the Albuquerque Journal ran a front-page story that all the crime rate reductions Mayor Tim Keller reported in his July 1, 2019 press conference were in fact seriously flawed and false. According to the report, both the 2019 mid-year statistics and the statistics released at the end of 2018 were revised dramatically to include hundreds, and in some cases thousands, of more incidents than were initially reported. The final numbers for all of 2018 showed violent crime actually increased, and in many categories the crime rates only dropped in single digits and not the double digits reported by Keller. Keller had been conducting quarterly reports for the last two years and had announce double digit reductions in crime rates.

Shaun Willoughby, president of the Albuquerque Police Officers Association, said he was worried that the revelation that the decreases are far less significant and will make it harder for the public to trust the Police Department’s briefings in the future:

“I don’t think this was done intentionally, but I think the public is going to have a credibility issue with the Police Department, and this administration [in particular], and we need to work together as a team to prevent this from ever happening again.”

Hold the thought “we need to work together as a team to prevent this from ever happening again.”

https://www.abqjournal.com/1397614/city-to-review-two-years-of-crime-data-after-recent-discrepancies.html

POLICE UNION CLAIMS MAYOR TIM KELLER “DISHONORABLE”

On December 6, 2017, just 5 days after being sworn in as Mayor, Tim Keller did a press conference along with his newly appointed Police Chief Michael Geier. The APD command staff stood alongside Mayor Keller to talk about the work ahead of them to reform the Albuquerque Police Department. Mayor Keller said at the press conference:

“I’m a believer in community policing, and that includes one of the pillars of community policing, which is about truthfulness with the public. And in that spirit, I want to start by offering an apology on behalf of City Hall to our community. Our community deserves an apology for its historical tone at the top of the department and a culture of excessive force that has hurt our community. I also want to tell the victims of families who have been hurt by unnecessary use of force that I am sorry, and that we are sorry as your city government. We will work every day to restore trust in our community.Secondly, we also need to apologize for our skyrocketing crime rates. I have heard from hundreds of folks who don’t feel safe and who worry about their families every day. And I want to acknowledge to all the victims of crime in this city and to all the families who have fallen victim to crime that we have let you down in many ways. Public safety is a critical function of government, and we must do better and it starts with owning up to that today.”

A few days after the Mayor’s December 6, 2017 press conference, Albuquerque Police Officers Association (APOA) President Shaun Willoughby claimed his membership were “upset” that Mayor Keller apologized to the citizens’ of Albuquerque for APD’s “culture of excessive use of force” and claimed his phone had been “ringing non-stop from angry cops since the apology” and that the Police union was ‘disappointed’ with mayor’s apologies during his first week in office. Willoughby went on to say that the Mayor’s apology was a “global apology” or a blanket apology for all use of force by the rank-and-file police officers. Willoughby was not even at the press conference and did not hear the words spoken by the Mayor, yet he made his accusation.

Willoughby also claimed that the rank and filed felt “discredited” by the new Mayor and he said on camera:

“It’s important to understand that the APOA is not a political organization. I’m actually employed by the cops that we serve. … I don’t think that the APOA having discontent is wrong or reminding anybody that we felt that, that was dishonorable to apologize for a group of police officers.”

Willoughby actually said with a straight face “APOA is not a political organization.” Least anyone forget, during the 2017 Mayoral race, the APOA Union strongly endorsed Tim Keller to be elected Mayor. If APOA is not a political organization as Police Union President Willoughby claimed, it had absolutely no business endorsing anyone for Mayor, yet in 2017 it interviewed candidates and made an endorsement of Keller.

https://www.abqjournal.com/1104351/keller-misstep-irks-apd-officers.html

POLICE UNION STICKS NOSE INTO 2019 DISTRICT 4 CITY COUNCIL RUNOFF RACE

The Albuquerque City Council plays a crucial oversight role of the Albuquerque Police Department (APD), including controlling its budget, approving staffing levels, budgeting for equipment and training and approving overtime pay funding. Because of this reason, it was no surprise that the Police Union got actively involved with the District 4 City Council runoff race between Republican Brook Bassan and Democrat Ane Romero to replace longtime Republican City Councilor Brad Winters.

APOA President Sean Willoughby did a video FACEBOOK endorsement of Brook Bassan for City Council that was unequivocal. Willoughby says Bassan understands what police go through, she is committed to fully funding APD, staffing and resources. The endorsement was a little over the top and a highly embellished promotion of a candidate that has never been in public service, elected or appointed, and who has no law enforcement background. You can review the video endorsement here:

https://www.facebook.com/Brook4District4/videos/2602500676499389/

Republican Brook Bassan was elected over Democrat Ane Romero in the runoff by a 54% to 46% of the vote in former Republican City Councillor Brad Winters’ District.

POLICE UNION MEMBERS PART OF APD MANAGEMENT

On September 10, 2018, Federal Court appointed monitor Dr. James Ginger reported to the federal judge overseeing the Department of Justice reforms that a group of “high-ranking APD officers” within the department were trying to thwart the Court Approved Settlement Agreement (CASA) reforms. The federal monitor referred to the group as the “counter-CASA effect”. He revealed that the group of “high-ranking APD officers” were APD Sergeants and Lieutenants. Because Sergeants and Lieutenants are part of the police union they remained in their positions and could not be removed by the APD management command staff.

On November 1, 2019 the Federal Court Appointed Monitor filed his 10th compliance report of the APD reforms mandated under the Court Approved Settlement Agreement. The following major finding stood out:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.

CHAIN OF COMMAND VITAL TO CASA REFORM ENFORCEMENT

There is a definite “chain of command” when it comes to APD. All Commanders, Deputy Chiefs and the Chief are “at will” employee positions that serve at the pleasure of the Administration, either the Mayor or Chief. APD has a clear line of authority that separates management from rank and file sworn police officers that must be preserved and honored.

APD police sergeants and lieutenants are on the front line to enforce personnel rules and regulations, standard operating procedures, approve and review work performed and assist in implementing DOJ reforms and standard operating procedures policies. This point was repeatedly made by the Federal Monitor during an August 20, 2019 hearing when he said “until the sergeants are in harness and pulling in the same direction as the chief, things won’t get done as quickly”.

NEW FEDERAL JUDGE, OLD UNION RESISTANCE TO REFORMS

On Tuesday, August 20, 2019, a day long status conference was convened by Federal Judge James Browning to listen to Federal Court Appointed Monitor James Ginger’s third “Outcome and Measures and Analysis Report” on the Court Approved Settlement Agreement (CASA). Judge James Browning took over the case from Judge Robert Brack who retired and went on Senior Status. It had been more than a year since the last public status conference was held.

At the August 20, 2019 hearing, the U.S. Attorney’s Office, the City of Albuquerque, APD upper command, the police union and the many stakeholders testified. Overall, the consensus throughout the all-day hearing was that APD had improved dramatically. All seem to agree that there is a lot more left to be done with the police reforms. All of the participants said they are committed to seeing the reform through.

During the August 20, 2019 hearing, District Court Judge Browning asked APOA Union President Shawn Willoughby point blank what he and the union rank and file felt about the CASA. Willoughby’s responses were a quick condemnation of the CASA when he said “we hate it”, “we’re frustrated”, the reforms and mandates are “a hard pill to swallow”, that “all [the] change is hard”.

According to Willoughby, police officers are afraid to do their jobs for fear of being investigated, fired or disciplined. In the same breath, Willoughby went on to brag about how his union, unlike other police unions in city’s with consent decrees, actually worked and cooperated with the city and the DOJ.

UNION CLAIMS TO SPEAK THE TRUTH

On December 18, KRQE News 13 reported that 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. Rue wants 30 more State Police officers in Albuquerque as early as next summer.

Instead of going to Mayor Tim Keller or APD Chief Michael Geier for an interview to respond to the proposal made Senator Rue, Channel 13 went to APO President Willoughby who once again expressed his resentment towards the DOJ consent decree and the reforms by saying:

“I think we are past our pride at this point. … I think it is time for the community to know it is not about pride. It is actually the truth. Your police officers are handcuffed, and we are not going to get the city back under control until they take those cuffs off, and if State Police can come in here without the handcuffs and make an impact on violent crime, I am all about it.”

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

UNION TAKES CREDIT FOR DOJ REFORM EFFORTS

On Friday, January 10, the City of Albuquerque filed a Motion to have certain portions of the federal Court Approved Settlement Agreement (CASA) suspended and placed into “sustained compliance” and “suspend monitoring” of those requirements by the Federal Court approved monitor. Under the CASA there are 276 mandated reforms requiring auditing by the Federal Monitor.

For full story see: https://www.petedinelli.com/2020/01/13/city-moves-to-be-released-from-portions-doj-consent-decree-and-monitoring-commentary-intent-and-purpose-of-decree-accomplished-dismiss-case/

In the most recent and 10th Independent Monitoring Report, the Federal Monitor reported APD met 100% of CASA-established primary compliance requirements, 81% percent Secondary Compliance requirements and 64% Operational Compliance requirements of the CASA during the reporting period. When all 3 compliance areas reach 95% compliance and maintained for 2 years, the case can be dismissed

The city’s Motion highlights the progress made by the Albuquerque Police Department (APD) in implementing the court mandated reforms under the CASA. According to the Motion, the Albuquerque Police Officer’s Association, the sole intervenor in the case, agrees with the relief being sought by the City.

On January 11, Mayor Tim Keller made the filing of the motion public for the first time in his State of the City Address, and proclaimed that in the event the Federal Court grants the motion, nearly a quarter, or 67 of the requirements, would be placed in compliance and allow “self-monitoring” and free up sworn police to do police work. Currently, 61 sworn police are assigned to investigate other APD officers to make sure they are meeting the CASA requirements. It has been APD management over the past 5 years that have been primarily responsible for implementation of the reforms, not the police union.

On January 13, in a news interview, police union President Shawn Willoughby proclaimed that the all parties had earned the right to have the Motion granted because of all the progress made with the reforms. Willoughby acted as if he and the union were responsible for the reforms, despite their actual opposition and resistance to the reforms. It also appeared he was speaking for the Keller Administration. The Mayor and the Chief were never interviewed on the motion.

https://www.kob.com/albuquerque-news/city-officials-file-motion-to-release-the-albuquerque-police-dept-from-some-doj-requirements/5607985/?cat=500

https://www.koat.com/article/city-hopes-some-doj-compliance-requirements-will-soon-be-lifted/30490440

COMMENTARY AND ANALYSIS

What is “actually the truth” to use Willoughby’s words, is it that he and his union have done everything possible to undercut the goals and objectives of the DOJ reforms and the consent decree. It is so damn laughable when union President Willoughby actually said about the recent crime rate statistics fiasco:

“I think the public is going to have a credibility issue with the Police Department, and this administration and we need to work together as a team to prevent this from ever happening again.”

The “actual truth” is the APD Union has never been a “team player” with APD management and never will be. Further, the union credibility with the general public is highly questionable given the past performance of APD and its union membership.

What is very problematic is that no one knows for certain to what extent the union is influencing the actions of the Sergeants and Lieutenants to resist the implementation of the CASA reforms that the union opposes. Union President Willoughby made it clear the union membership “hates” the CASA, feels the reforms are “a hard pill to swallow” and that they believe “all change is hard”.

UNION HAS POLITICIZED APD

In 2013, a Department of Justice investigation found a “pattern and practice of excessive force” and a “culture of aggression” within the Albuquerque Police Department (APD). In the last ten (10 ) years, there has been 43 police officer involved shootings, and the city has paid out $62 million dollars in settlements for police misconduct cases. Virtually all those cases of use of force or deadly force were by union officers, not management, something no one wants to talk about or even mention.

The single biggest crisis the Mayor and the City Council are dealing with even today is staffing APD, reforming the Albuquerque Police Department and reducing our high crime rates.

City Council plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Union President Sean Willoughby just had to stick his nose into the City Council District 4 race, no doubt expecting something in return. Under normal circumstances, city union endorsements are common place. However, when it comes to the Albuquerque Police Department, it is a law enforcement department still in crisis. APD for the first time in its history is under a Department of Justice (DOJ) consent decree. The police union has fully politicized the department with its endorsement of candidates for Mayor and City Council.

The police union opposing many of the reforms mandated by the DOJ consent decree complicates the oversight authority of the Mayor and the City council and with the civilian oversight mandated. The APOA has made it clear that it does not like the Department of Justice (DOJ) consent decree nor the mandated reforms. The police union has repeatedly said the mandated reforms under the consent decree are interfering with rank and file officer’s ability to performing their jobs, yet never giving any sort of examples of exactly how that is the case.

The Police Union understands the Department of Justice consent decree in that the police union leadership attended and has sat at counsel table during court hearings and Federal Monitor presentations. The union leadership was at the negotiating table for the full year in the drafting of the “use of force” and “deadly use of force” policy.

No doubt Willoughby and the union membership believe prohibiting APD from using “choke holds”, “shooting at fleeing cars”, getting rid of lapel cameras and “escalating confrontations” will allow APD Officers to do their jobs more effectively, and they would like to be free to ignore people’s civil and constitutional rights under the guise of law enforcement.

WILLOUGHBY AND POLICE UNION ARE THE LASTS ONES TO TALK ABOUT CREDIBILITY

Willoughby is the same union President who had no problem with the union paying $2,000 to police officers who were placed on administrative leave after police involved use of deadly force incident and before the killing was determined “justified”.

Willoughby did not like the fact that the Bernalillo County District Attorney brought criminal charges against police officers Keith Sandy and Dominique Perez for the shooting of homeless camper James Boyd. Willoughby has said in the past that Perez was acquitted of the murder of James Boyd which was not the case seeing as that the jury could not reach a verdict, a hung jury resulting in a mistrial declared, and the District Attorney decided not to retry the case.

Officer Willoughby ostensibly feels the citizens who pay his salary are not entitled to any sort of apology for the actions of his members of the union who are found to use unreasonable force, or unjustified excessive use of force or unjustified deadly force nor when taxpayer’s payout millions for police misconduct.

The Union’s credibility has been in short supply for some time now. The police union has done very little to improve it, especially with its opposition to the Department of Justice reforms. The APOA union has never issued an apology when one of its own members has broken the law or has used unreasonable or unnecessary force or unnecessary deadly force even after large judgments have been paid out for the police misconduct. Yet, when the Mayor issues an apology, as was his right, the union calls it “dishonorable”.

When Mayor Keller and Chief Geier take steps to try and address a crisis in homicides, what they get from the Union leadership is “what have you done for us lately” attitude and nasty sarcasm of:

“We need to focus … less [on] PR (public relations), less puff, more actual, basic police work. [Community policing is] a great thing for the community. We love taking a group of kids to see a Frozen movie. … .”

One small way the Police Union President could help restore credibility is to stop his news interviews and stop acting like he speaks for the Keller administration and management of the department under the guise of first amendment rights. At a minimum, he needs to decline all interviews and comments on the reforms and other matters unless the Administration has been spoken to first for comment to get its take.

REMOVE APD SERGEANTS AND LIEUTENANTS FROM UNION

If the police union and its President Willoughby want to genuinely be a “team player” and help restore credibility to APD, he and his union should agree to remove the Sergeants and Lieutenants from the bargaining unit. Police sergeants and lieutenants by virtue of their titles, responsibilities, management and supervisory authority over sworn police officers are part of the “chain of command” management team of the police department. Including APD police sergeants and lieutenants who are part of management in the union bargaining unit creates a clear conflict within management and sends mixed messages to rank and file sworn police officers.

All APD police sergeants and lieutenants are clearly part of police management and chain of command and should not be a part of the union. The police union refuses to acknowledge or agree to removal of the sergeants and lieutenants from the bargaining unit knowing it will eliminate the unions ability to influence them in management and it will reduce the size of the dues paying union membership.

Sergeants and lieutenants need to be made at will employees and removed from the union bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms.

Perhaps when the Sergeants and Lieutenants are removed for the Union, the union will get back some semblance of credibility with the voting public and the average citizens who are victims of our high crime rates. More importantly, it would signal that the Police Union is fully committed to police oversight by management. Another way the Union could regain trust with the Mayor and the Chief is to offer to take them to see “Frozen”.