On November 5, 2018, New Mexico voters, with a 75% majority, voted for a constitutional amendment to establish an independent statewide ethics commission with subpoena power. New Mexico was one of only 6 states without an independent ethics commission.

Passage of the constitutional amendment was the result of a 40-year push to establish an independent agency with jurisdiction over allegations against legislators, candidates, lobbyists and others. It was left up to the New Mexico Legislature to determine the details of how the seven-member commission would operate.

On March 15, 2019, with only hours left to go in the 60-day legislative session, state lawmakers reached a compromise on creating a new, independent ethics commission. During the 60-day session, the legislation underwent multiple rewrites and changes.

The final House vote was an impressive 66-0 vote in favor of passage. The State Senate voted to accept the final version and the bill was signed by Governor Michelle Lujan Grisham in March.

AGENCY UP AND RUNNING

On January 4, 2020, a little more than 10 months since the NM Legislature enacted the creation of the Ethics Commission, it was reported that the Ethics
Commission is fully operational and accepting complaints to investigate.

State law authorized the commission to begin accepting ethics complaints on January 1, 2020. The Commission plans to meet every other month, although it can meet as often as it wants depending on the volume of complaints and related work, including issuing rules and regulations.

The Commission has established a website and according to news reports, it may issue its first advisory opinion next month. The commission has office and meeting space in Albuquerque, although it has held meetings in other parts of the state.

The New Mexico Legislature funded the ethics commission with $500,000 in the state budget for the fiscal year that began on July 1, 2019. The commission is seeking a supplemental appropriation of $385,000 to $400,000. For the 2020-2021 fiscal year, the agency is requesting a little over $1.1 million.

https://www.abqjournal.com/1406564/new-state-watchdog-ready-to-investigate-ethics-complaints.html

COMMISSION MEMBERS IDENTIFIED

The New Mexico Ethics Commission consists of 7 members, all political appointments. The 7 commissioners are as follows:

Hon. William F. Lang, Chair, appointed by Governor Michelle Lujan Grisham,
Initial term expires: June 30, 2022

Jeff Baker, Member Legislatively-Appointed Commissioner,
Initial term expires: August 14, 2020

Stuart M. Bluestone, Member, appointed by Speaker of the House, Brian Egolf, Initial term expires: June 30, 2023

Hon. Garrey Carruthers, former New Mexico Governor, Member, appointed by Minority Floor Leader of the Senate, Stuart Ingle. Initial term expires: June 30, 2023

Ronald Solimon, Member, appointed by Legislature. Initial term expires: August 14, 2020

Dr. Judy Villanueva, Member, appointed by Minority Floor Leader of the House, James Townsend. Initial term expires: June 30, 2021

Frances F. Williams, Member, appointed by President Pro Tempore of the Senate, Mary Kay Papen. Initial term expires: June 30, 2021.

COMMISSION STAFF MEMBERS APPOINTED

In September, 2019, Jeremy Farris, the former chief legal counsel at the state Department of Finance and Administration was appointed Executive Director. On January 5, 2020, the Albuquerque Journal published a guest column written by Jeremy Farris entitled “States Ethics Commission Starts Work In New Year“. You can read the full column in the postscript below to this article followed by the link to the article.

The Commission has hired Walker Boyd, who previously worked at an Albuquerque law firm, as its first general counsel.

The commission has appointed and entered employment contracts with retired New Mexico State Supreme Court Justice Edward L. Chávez and retired U.S. Magistrate Judge Alan C. Torgerson as hearing officers.

DEVIL IN THE DETAILS OF THE ETHICS COMMISSION

The enacted legislation creates an ethics commission that is empowered to oversee state public officials, including state lawmakers, state employees and constitutionally elected officials, including the governor. A seven-member commission was created and is empowered to fine public officials if they are found by the commission to have violated civil provisions of state laws. There is no authority to suspend or remove from office elected officials.

Anyone who files a complaint must secure a notary public and attest to the truth of the allegations in the complaint under penalty of perjury. Although the Ethics Commission accepts only signed complaints, it can also initiate its own complaints with approval from 5 of the 7 commissioners. It can also accept referrals from other agencies.

The attorney appointed as “general counsel” by the seven-member commission serves as an investigator and prosecutor. The commission’s general counsel determines whether a complaint warrants investigation and if so, the general counsel will investigate the allegations made.

The Ethics Commission “hearing officers” are appointed to adjudicate the cases where evidence suggests there is an ethical violation. The hearing officers are required to use the legal standard of “preponderance of evidence” to make the determination if there was an ethical violation and must make specific findings.

The legal term “preponderance of the evidence” means the greater weight of the evidence required for the trier of fact, the hearing officer, to decide in favor of one side or the other. “Preponderance of the evidence” is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

The Ethics Commission through its general counsel is empowered to petition a state judge to issue subpoenas for documents and other materials as part of its work and with a judge designated to issue and grant the subpoenas on behalf of the commission itself. A public official who disputes a hearing judge’s finding are given the right to appeal the ruling to the seven-member ethics commission.

Ethics complaints are be made public 30 days after probable cause is found to proceed with an investigation. The ethics commission is prohibited from revealing ethics complaints that have been deemed frivolous or unsubstantiated, but the accuser or accused can publicly disclose the complaints.

The ethics commission is not empowered to investigate violations of legislative policies by legislators, such as sexual harassment policies, unless the Legislature works out an agreement for the ethics commission to investigate such complaints. Even then, if the ethics commission determines that a legislator has violated legislative policy, the ethics commission is required to turn over its findings to the Legislature, which would then in turn determine the legislator’s punishment.

A very significant provision included in the commission powers is authority over include statewide public officials such as the governor, the lieutenant governor, attorney general, secretary of state, public land commissioner and state auditor, or candidates for those offices, to those prohibited from soliciting campaign contributions from January 1 through the end of each year’s legislative session. However, the ethics commission has no authority over school board members and local officials such elected Mayors or City Councilors.

The enforcement of the state’s Open Meetings Act and Inspection of Public Records Act is left to the New Mexico Attorney General, and such enforcement is not made part of the duties of the Ethics Commission. State legislators are already prohibited from soliciting campaign contributions from January 1 through the end of each year’s legislative session.

POWERS AND DUTIES OF THE COMMISSION

Under the New Mexico Ethics Commission Act, the commission:

“may initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.”

Additionally, the Ethics Commission:

“may require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or enforce such other acts as further provided by law.”

Powers and duties of the commission also include the power to develop, adopt and promulgate the rules necessary to implement and administer the provisions of the State Ethics Commission Act.

Absent from the enabling legislation creating the ethics commission is any authority to suspend or remove elected or appointed officials for nefarious or unethical conduct.

https://www.ncsl.org/research/ethics/50-state-chart-state-ethics-commissions-powers-a.aspx

JURISDICTION OF COMMISSION

According to its website, the Commission has “jurisdiction to enforce the civil compliance provisions of eight statutes and one constitutional provision for public officials, public employees, candidates, persons subject to the Campaign Reporting Act, government contractors, lobbyists and lobbyists’ employers”.

The statutes are:

Campaign Reporting Act (1-19-25 to 1-19-36, NMSA, 1978)
Financial Disclosure Act (10-16A-1 to 10-16A-7, NMSA 1978)
Gift Act (10-16B-1 to 10-16B-4 NMSA 1978)
Lobbyist Regulation Act (2-11-1 to 2-11-9 NMSA 1978)
Voter Action Act https://www.nmlegis.gov/sessions/03%20Regular/FinalVersions/HB0420.pdf
Governmental Conduct Act (10-16-1 to 10-16-18 NMSA 1978)
Procurement Code (13-1-28 to 13-1-117 and 13-1-118 to 13-1-199)
State Ethics Commission Act https://nmlegis.gov/Sessions/19%20Regular/bills/senate/SB0668EDS.pdf
Article 9, Section 14 of the Constitution of New Mexico.”

https://www.sec.state.nm.us/faqs/#Section02

Allegations of criminal conduct are referred to law enforcement agencies. The 8 statutes the Ethics Commission is authorized to enforce are strictly civil in nature and provides for civil penalties and fines. The one power or penalty the Ethics Commission is not granted is the power to suspend or remove an elected or public official.

OFFICIALS NOT SUBJECT TO THE COMMISSION’S JURISDICTION

According to its website, the Ethics Commission has limited jurisdiction and only over certain individual as follows:

“LOCAL OFFICIALS AND EMPLOYEES

Third, the Commission lacks jurisdiction over conduct occurring on or before July 1, 2019.”

https://www.sec.state.nm.us/faqs/#Section02

ONLY 3 WAYS A COMPLAINT CAN BE BEGIN

An Ethics Case before the Commission can begin only one of three ways:

1. A complainant may file a complaint with the Commission.

2. Another agency may refer a complaint filed originally with that agency to the Commission.

3. The Commission may initiate a complaint with the approval of at least five Commissioners.

WHAT HAPPENS AFTER A COMPLAINT IS FILED

The Ethics Commission website gives the following succinct explanation on what happens after a complaint and a response to the complaint are filed:

REVIEW FOR JURISDICTION

At all times, from the filing of the complaint to the Commission’s final decision on appeal, both the Complainant and the Respondent may be represented by a licensed attorney. Alternatively, both the Complainant and Respondent may represent themselves. If the Respondent is a state employee or a state official, the Risk Management Division of the General Services Department will likely provide the Respondent with an attorney.

WEBSITE LINK WITH INSTRUCTIONS

The link to the website can be found here:

https://www.sec.state.nm.us/

The website contains a section where the public can sign up for updates from the commission including pending cases and advisory opinions. The website also gives a detail explanation on how a complaint can be filed, gives instructions on how to file an ethics complaint, provides forms and outlines what the complaint needs to allege, including laws believed to have been violated, witnesses and evidence relied upon. The website also provides a guide to respondents and what they must do to respond.

COMMENTARY AND ANALYSIS

New Mexico has had more than its fair share of public corruption scandals over the years. A rogue’s gallery of unethical conduct, fraud, theft and abuse of power and influence in New Mexico politics includes Former Democrat State Senator Manny Aragon, two former Democrat State Treasurers, Michael Montoya and Robert Vigil, former Republican Secretary of State Dianna Duran, former Democrat State Senator Phil Griego, former Republican State Senator Monica Youngblood, former Republican New Mexico Taxation, and Revenue Secretary Demesia Padilla.

Unproven allegations of “pay to play” plagued the 8-year tenure of Democrat Governor Bill Richardson with a federal grand jury investigation resulting in no indictments and no finding of “pay to play”. Former Republican United States Attorney for the District of New Mexico Gregg Forate, with an obvious strong Republican partisan bias, released a scathing letter of condemnation that accused the Richardson administration of “corrupting” the government contract award process.

During the 8-year tenure of former Republican Governor “She-Who-Must-Not-Be-Named”, allegations of unethical conduct and undue influence with the award of the billion-dollar, 20-year Downs Race Track Lease, dubbed the “Dirty Downs Deal”, occurred. What also occurred was a federal grand jury investigation of the Republican Governor’s number one political consultant and campaign manager relating to misuse of her inauguration funding.

One area that merits serious consideration by the New Mexico Legislature is to empower the Ethics Commission with the authority to suspend or remove a public official or give the Commission the authority to seek from a District Court or Supreme Court the suspension or removal from office elected officials who have been found to have engaged in nefarious or unethical conduct. Further, the Ethics Commission should be given authority over local elected officials such as Mayors and City Councilors.

The statewide Ethics Commission should help rebuild trust in a state government that has experienced way too much corruption through the years. However, it will be able to do so only if it is empowered with real authority to suspend or remove someone for nefarious or unethical conduct. Otherwise, the Commission will be an exercise in futility to hold nefarious and unethical officials actually accountable for their actions short of criminal prosecution, forced resignations or awaiting that they be voted out of office.

______________________________

POSTSCRIPT

On January 5, 2020, the Albuquerque Journal published the following guest column written by Jeremy Farris, the Executive Director of the States Ethics Commission:
HEAD LINE: STATE’S EHTICS COMMISSION STARTS WORK IN NEW YEAR

“In a November 2018 referendum, New Mexicans voted by a more than 75% margin to approve an amendment to the state Constitution creating an independent ethics commission. With the advent of the new year, the State Ethics Commission begins its work.

The link to the Albuquerque Journal guest column is here:

https://www.abqjournal.com/1406715/state-ethics-commission-starts-work-with-new-year-ex-from-enforcement-to-advisory-opinions-the-panel-will-work-to-restore-public-trust.html

For a related blog article see:

State Ethics Commission Created; Major Kudos To Reps. Daymon Ely, Greg Nibert And Sen. Daniel Ivey-Soto

Dan Klein is a retired Albuquerque Police Sergeant after 20 years of public service. He has been a small business owner in the private sector now for 15 years. Mr. Klein has been a reporter for both on line news outlets the ALB Free Press and ABQ Reports.

On December 16, 2019 the following article written by Dan Klein, with introductory bullet talking points was published by ABQ Report:

“- Will we see Keller holding anyone accountable for the charade that APD and crime fighting in Albuquerque has become? No.

Until there is accountability for the fools running APD into the dirt, get ready to laugh at more ridiculous PR stunts, and get ready to see more crime. This is what a ship of fools looks like.”

The link to the unedited ABQ Report is here:

https://www.abqreport.com/single-post/2019/12/16/APDs-ship-of-fools

COMMENTARY AND ANALYSIS

Mayor Tim Keller and APD Chief Michael Geier need to recognize the fiasco the APD homicide unit as well as what APD continues to be, despite all the implemented DOJ reforms, unless something more is done to improve things with the management of APD and its personnel. Mayor Tim Keller for the last two years has been given essentially everything he has asked for from city council for public safety, and then some. He now needs to start managing and producing results to make this city feel safer.

Given the sure number of homicides and the pathetic homicide clearance rate, the Homicide Investigation Unit needs to be increased from 11 detectives to at least 24 detectives with two separate units, one for the most current homicides and the second for older back logged cases. Further, given the units low clearance rate and past performance, more needs to be done with respect to recruiting and training. APD continues to be in a crisis mode when it comes to our violent crime rates and it needs to concentrate on recruiting seasoned homicide detectives from other departments if necessary.

Within a few months of first taking office, Mayor Tim Keller and APD Chief Michael Geier completely reorganized APD and put their own management team in place. After more than two years in office, another reorganization of APD is in order because what APD is doing now is not cutting it, nor getting the job done when it comes to the City’s crime rates. It is 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. The reorganization would include increasing the number of officers sworn to patrol the streets and increasing the various units, such as the homicide and investigations units.

A reorganization needs to include abolishing the APD Internal Affairs Unit, with its functions absorbed by other civilian departments. Currently, there are 61 sworn police assigned to the compliance bureaus, which includes APD Internal Affairs. There are 40 detectives involved with the Department of Justice reform enforcement. Those 40 officers would be better utilized in the field services patrolling the streets.

Until then, APD Chief Michael Geier and Mayor Tim Keller will continue to be the Captain and First Skipper Gilligan on the Ship of Fools known as APD.

On January 1, 2020 it was announced by his family that long time Albuquerque City Councilor Ken Sanchez passed away. He was 63. He suffered a major medical episode 5 weeks ago and has been hospitalized since then. He was first elected to the city council in 2005 and elected to 4 terms as a city councilor, serving for 14 years District 1, the central west side district of Albuquerque. He had said he would run for another term in 2021. Mayor Tim Keller will appoint a replacement to serve out the remaining two years of his term.

A LEGACY OF PUBLIC SERVICE

During his time on the City Council, he served as City Council President in 2010, 2014, and 2018 and served as Committee of the Whole Chairman in 2006, 2008, 2009, and 2011 and working towards balanced and responsible budgets. Councilor Sanchez was also appointed Chair of the Finance and Government Committee in 2012. In 2012 Councilor Sanchez was unanimously elected Chair of the Albuquerque/Bernalillo Water Utility Authority. Councilor Sanchez also served the community for two terms on the Bernalillo County Commissioner from 1995-2002.

Councilor Sanchez was born and raised in Albuquerque and lived on Albuquerque’s West Side for more than 40 years. He was the primary principal of the Gilbert Sanchez Tax Accounting Firm on West Central Avenue and an enrolled agent to practice before the Internal Revenue Service. Councilor Sanchez was also the president of Ken Sanchez & Associates Realty.

Throughout his years on the city council, Councilor Ken Sanchez was committed to improving the lives of Albuquerque’s Westside residents and the city as a whole. He is credited with securing $2 million in funding for youth programming and moving the the Netflix deal through the City Council. Recently, he helped with the efforts to secure funding for the gateway facility for people experiencing homelessness.

He worked with the residents of the city, the Albuquerque Police Department and the Albuquerque Fire and Rescue Department to address the needs of Public Safety in general. Among his many efforts, he worked with the community, the City Council, all Mayors and other elected officials, and local businesses to bring much needed economic retail development to the Westside. He worked to bring more jobs and places for people to shop near their homes on the Westside.

A number of projects Councilor Sanchez worked on over the years include: the new fire station 7 that improves service to the growing community, the full service Patrick J. Baca library, the UNMH Clinic, Transit Center, and the proposed mixed-use site that will include housing, retail, and offices at the NW corner of Central and Unser. He has also worked with Westside residents, Legislators, and the Library Board for a number of improvements at the Taylor Ranch Library. Councilor Sanchez worked with the community and other elected officials to open the new Joan Jones Community Center at Pat Hurley Park, the renovated West Mesa Community Center, and worked to open the new Westgate Community Center.

Councilor Sanchez worked for beautification and driver and pedestrian safety on the Westside, including median landscaping and traffic calming measures on Unser, Ladera, and a number of residential streets in District 1. He recognized the need for improved infrastructure, working with the residents of the SW and NW, our State Legislators and other elected officials for the expansion of Unser Blvd south to Senator Dennis Chavez and north to Paradise Blvd, as well as having obtained funding to extend 98th Street south to Senator Dennis Chavez Blvd., which now better serves the students that attend Atrisco Heritage Academy and the residents of the far SW communities. Councilor Sanchez also worked to improve Unser, north of I-40 to add lanes to handle the increased traffic of the Westside. Sanchez worked with Westside Legislators to fund additional lanes on I-40 westbound to the exits of Unser Blvd and 98th/Arroyo Vista Blvd to help the Westside commuters’ ease off the freeway.

https://www.cabq.gov/council/find-your-councilor/district-1/about-the-councilor-district-1

VAYA CON DIOS

Many of his West side constituents referred to Ken Sanchez as the West side’s Mayor or “the champion for the westside.” He was a hard-working public servant without question and always worked for what was in the best interest of his constituents. The one word that is always used when talking about Ken Sanchez is “gentleman”. He had the common touch and always went out of his way to be gracious and courteous to all those he came in contact with. He has left a legacy that will be remembered long after he is gone.

Vaya Con Dios Caballero Ken Sanchez.

HAPPY 2020 NEW YEAR TO ALL!

On November 16, 2016 www.Pete Dinelli.com was launched as political blog because of the belief the local news outlets gloss over so much without getting into the real substance of stories and ignoring meaningful analysis of what is being reported. The blog does not generate income, there is no advertising, no subscription fees and it is absolutely free to anyone who wants to read it and for that matter wants to share the articles.

2019 proved to be a wild and wonderful year that saw a huge spike in blog article readership at www.PeteDinelli.com. The most common question is how many people actually read the articles or go to the blog site? The blog has a tabulator that has been installed by the web site manager. The tabulator reports on days, weeks, months and years of views and shares of articles and by visitors. The tabulator breaks the numbers down according to VIEWS and VISITORS.

A VIEW is counted when a visitor to the blog loads or reloads an article to be read. A VISITOR is counted when a user or browser for the first time makes a visit in a given period: day, week, month, or year.

MAJOR SPIKES IN READERSHIP OVER 3 FULL YEARS

In a little over three full years of the blog, the number of VIEWS, or article “reads” more than doubled from 30,411 to 68,622. The number of VISITORS, or first-time visitors to the blog, also more than doubled from 15,807 to 43,227.

Following are the numbers for the first few weeks of publication in 2016 and the following 3 full calendar years:

2016: 5,714 VIEWS, 2,574 VISITORS (NUMBERS FOR FIRST SIX WEEK PERIOD)
2017: 30,411 VIEWS, 15,807 VISITORS
2018: 42,397 VIEWS, 26,092 VISITORS
2019: 68,622 VIEWS, 43,227 VISITORS.

The blog does have a “CONTACT” tab on the web page at www.PeteDinelli.com where anyone can send a message and make comments on articles that allows further contact and messaging. Suggestion on articles or information for articles is always appreciated.

TIMELY NEWS TOPICS GOAL OF ARTICLES

Since the blog started on November 16, 2016, there have been written and published 829 blog articles. Many news reporters have said the articles are way too long for “news” articles, but they miss the purpose and intent of the blog: to attempt to inform and share research and institutional knowledge and lessons learned as a public figure for 28 years and a licensed attorney for 43 years. The approach taken with the articles is to first report on current events with research and then followed by “ANALYSIS AND COMMENTARY”. The commentary usually includes suggested solutions to problems identified. One public official said, “I read another known political blogger for the political gossip and your blog for the facts.”

The goal from day one of the blog has been to be informative and to give insightful political analysis relying on institutional knowledge after 28 years in government, and knowledge as former elected official, public servant and a 43-year career as a licensed attorney. It is more to be informative than just a political gossip column. The single most common remark I get from people is that they read the blog articles, they do not always agree with what I have to say or my opinions, but enjoy reading it. I have never hidden the fact that I am a progressive Democrat especially on social issues and civil rights issues, which explains those that disagree with what I say, especially about the President. But it is not a Democrat, Republican or Independent blog, but my blog.

The blog articles are always posted on my FACEBOOK page and other FACEBOOK pages. The blog reaches thousands more on the internet. I email the articles to those whose names are actually mentioned and include government officials and elected officials who I think may be interested in the topic. The blog articles are not written to please all the people who read them all the time. The articles are an effort to promote civil discussion. I do publish “guest opinion columns” from others from time to time. I also submit Guest Columns to the Albuquerque Journal and the Journal has been very accommodating over the last 3 years, has published them and I then publish them again on the blog. The blog does have some detractors. I always tell people who “unload” on me for an article, there is no need to get upset and if you do not like what I write, then don’t read the blog articles and unfriend me on FACEBOOK.

TOPICS COVERED

Over the last three years, the blog has covered all sorts of topics including: city elections and debates, city budgets and finance, court hearings on the DOJ consent decree and the 10 federal court monitor’s reports, court hearing on the ART Bus project and city news on the ART Bus Project, the Railyards Development, Downtown Redevelopment, city history from the perspective of being born and raised in the city, the minimum wage, mandatory sick leave, public financed campaigns, city election code reform, city and state economic development, gun control legislation, sanctuary city, immigration reform, mass shootings, legalization of marijuana, the war on drugs, city crime rates, city zoning issues including the comprehensive plan and nuisance abatement laws and actions, the city and state economy, economic development proposals, our public education system, UNM athletics, the homeless crisis, mental and behavioral health care services, taxation, state elections and issues, PERA reform and solvency issues, the Albuquerque Police Department, the District Attorney’s Office, the City Council, our criminal justice system, the Judicial System, bail bond reform, the Department of Justice Consent decree, the Governor, the New Mexico legislature, the Mayor, New Mexico politics in general and national news and the press. I downright enjoy writing about the sure stupidity at times of some of our elected officials and their actions, including the job performance of our President, Governor, the District Attorney, City Councilors and the Mayor, especially when I write satirical pieces.

CONCLUSION

I have no doubt I have offended more than a few politicos, even within my own political party, but I make no apology. I have done my very best to be accurate in my reporting. I do get very frustrated finding clerical and spelling errors after I publish them and try to correct them as soon as I can, but that is the hazard of doing your own editing and kicking out articles on an almost daily basis. All the 827 articles are posted and can still be read at www.PeteDinelli.com Being fully retired, I enjoy my freedom to say what I want, when I want and how I want without any fear of reprisal, something I had never experienced as a public official and especially when I was a judge. Our First Amendment Freedom of Speech is the most important right we have as citizens.

I am truly humbled by the sure number of views and shares that I have had over the last 3 years. I am also very proud of the steady increase for each year. To all those who read the blog, thank you for reading. To my FACEBOOK friends, please follow me on FACEBOOK and share the blog articles when you can!

BEST WISHES TO ALL FOR A HAPPY 2020 NEW YEAR!

On November 5, voters approved general obligation bonds of $14 million for a city operated 24-7 homeless shelter that will house upwards of 300.

Albuquerque Mayor Tim Keller has deemed that a 24-hour, 7 day a week facility to temporarily shelter the homeless within the city as critical toward reducing the number of homeless in the city. The city owned shelter would assist an estimated 300 homeless residents and connect them to other services intended to help secure permanent housing. The new facility would serve all populations, men, women, and families, and offer what Keller calls a “clearing house” function.

The city facility would have on-site case managers that would guide residents toward addiction treatment, housing vouchers and other available resources. According city officials, the new homeless shelter would replace the existing West Side Emergency Housing Center, the former jail on the far West Side. The former jail is so remote that the city must bus homeless to the facility and back at a cost of $1 million annually.

According to Mayor Tim Keller, the new homeless shelter will provide first responders an alternative destination for the people they encounter on so-called “down-and-out” calls. Many “down and outs” today wind up in the emergency room even when they are not seriously injured or ill. According to city officials, only 110 of the 6,952 “down and out” people were taken by first responders to the Emergency Room in a recent one-year period had life-threatening conditions.

LOCATIONS SUGGESTED

According to a December 15 news article, the City has revealed 5 potential locations for the centralized emergency shelter for the homeless:

1.The old Lovelace hospital on Gibson

2.University of New Mexico property near Lomas and Interstate 25

3. Montessa Park, south of the Sunport

4. An area near Second and Interstate 40

5. Continue to use the old West Side Jail 20 miles outside the city limits and build new facilities at that location.

City officials stress that nothing is set in stone and is asking the public to provide their own suggestions for where the shelter should be located.

https://www.abqjournal.com/1401412/sites-for-new-homeless-shelter-discussed.html

CITY SURVEY EXPANDS ON NUMBER OF LOCATIONS

The Keller Administration has set up an online survey that people can give input on where the 24-7 city homeless shelter should be built. There are only two specific places on the survey where the $30 million homeless shelter is being suggested to go. Those two areas are the area of 2nd Street at I-40 near downtown and a large empty lot that borders the UNM Health Sciences Center.

The city’s other options for the shelter in the survey are very broad and include the northeast heights, the south valley area, and the north valley area. There are only 5 questions on the survey. The first question on the survey is as follows:

1.What is your location preference for the new Homeless Shelter?

Other – Please provide suggestions for a location:

The survey can be found and be taken by clicking on the below link:

https://www.cabq.gov/family/news/online-input-survey-on-gateway-center-for-homeless-services-opens

ALBUQUERQUE JOURNAL SAYS KELLER SHOULD BE ASHAMED OF HIMSELF

On December 23, the Albuquerque Journal published an editorial entitled “Keller must reverse course on his shelter bait and switch”. The Journal excoriated Keller in no uncertain terms for including the Westside jail on the list of shelter locations being considered. The Journal pointed out that Keller campaigned aggressively to get the $14 million in bonds past for a new location saying the west side jail was not sustainable and there was a need for a centralized location in the city for the homeless to be able to easily get services they need. The Journal went so far as to say “Keller ought to be ashamed of himself”. You can review the entire editorial in the postscript below that also has a link to the editorial.

NOT IN MY BACKYARD (NIMBY)

On December 20, a KRQE News 13 investigative report uncovered emails that show the Greater Albuquerque Chamber of Commerce and the University of New Mexico Cancer Center are at odds over where the City of Albuquerque’s homeless shelter should be built. The emails obtained show groups representing both do not want the shelter to be built near them. In an email, chamber leaders make it clear they want the homeless shelter to go near the UNM Health Sciences center and ask people to vote for that location on the city survey.

There are proposed locations near downtown, but having the homeless shelter there does not fit with the Chamber’s vision of what downtown should be. The Chamber has said through a spokesperson that the homeless dissuades people from going downtown.

Norm Becker, who works for the Chamber of Commerce and leads a team trying to make downtown more appealing, was interviewed and said he thought the homeless downtown is the biggest problem in making downtown more attractive. He also said the University of New Mexico Health science location is the best location and not downtown and said:

“If it was downtown, the access to services, the behavioral health services, and the mental health services don’t exist downtown. They exist at the UNMH health sciences center. … I think if [UNMH] saw what I saw they would say this is not only good but it’s better than what we have today, even if it is in my backyard. … I didn’t say I didn’t want it downtown. There’s no place to put it downtown.”

Another email uncovered was written by the head of the UNM Cancer Center, Dr. Cheryl Willman. She says many of the 400 doctors and staff are concerned about the homeless shelter bordering their offices. According to Willman, they don’t know the homeless shelter design or what access to it will be like and it could cause safety issues to the hospital employees.

https://www.krqe.com/always-on/uncovered-emails-show-fight-brewing-over-location-for-new-albuquerque-homeless-shelter/

COMMENTARY AND ANALYSIS

The single most controversial bonds on the November 5 ballot were the $14 million in bond money designated for a centralized, 24-hour, 7 day a week homeless shelter. Mayor Tim Keller since day one of becoming Mayor has made it a top priority. The shelter is controversial not because it’s needed but because established businesses, neighborhoods and many charitable homeless providers object to the location or the need for a centralized facility somewhere in downtown. Opposition arguments range from negative impacts on well-settled business areas, residential areas, increases in crime, reducing neighborhood safety to cost justification. One major argument is that there are too many charitable and private homeless providers clutered to each other or too close to downtown. It’s the classic case of “not in my back yard” (NIMBY).

The city did not identify a location for the shelter until after voters approved the funding, no doubt for fear that the bonds may fail. It is very disappointing, but typical, that the city was not upfront on the locations being considered so that a more informed decision could have been made by the voting public. Notwithstanding locations are now being discussed.

THE NEED EXISTS

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels. The PIT count represents the number of homeless people who are counted on one particular night. This year, the count in Albuquerque was made on January 28, 2019. According to the 2019 Point-In-Time count, there are 1,524 sheltered and unsheltered homeless people counted in Albuquerque. Government agencies and nonprofits report that the city’s homeless numbers are greater than the 1,524 found by “a point in time survey” and the number of homeless in Albuquerque approaches 4,500 in any given year. The Keller Administration estimates that 5,000 households will experience homelessness over the course of a given year in Albuquerque.

According to some reports, approximately 80% of the cities chronic homeless are suffering from mental illness. The city does provide extensive services to the homeless that include social services, mental or behavioral health care services, substance abuse treatment and prevention, winter shelter housing, rent assistance and affordable housing development, just to mention a few. But more needs to be done by the city to reduce the ever-increasing numbers. The only way the city is going to be able to reduce the number of homeless in the city is to reach a viable consensus and implement an aggressive plan on how to reduce the number of homeless. This will mandate the city to work with virtually all the charitable providers, “pooling of resources” and work to get input from the public as to final location.

CONCLUSION

Major issues that will no doubt be up front and center as Mayor Tim Keller seeks a second term in 2021 include the city’s murder, violent crime and property crime rates, the DOJ consent decree reforms not fully implemented, the failed disastrous ART Bus project that Keller embraced and completed that has now destroyed historical Route 66 and Mayor Keller signing off on a $55 million dollar tax increase without a public vote as he promised.

Remember, the ART Bus Project was called by the City Council as Mayor RJ Berry’s project and they went along with it. The 24-7 homeless shelter will be viewed as Keller’s project and like with the ART Bus project the City Council is likely to go along with putting it where ever Keller wants it. There is no doubt as the debate rages on where to put the Keller 24-7 City Homeless Shelter, there is a likelihood a large segment of the voting public will get upset, no matter how necessary the shelter is needed. What is also likely is that the shelter may not be built until the end of 2020 or the beginning of 2021, just in time as the 2021 race for Mayor begins to heat up, which is what happened with the ART Bus construction project.

Many will be watching exactly what is Mayor Tim Keller’s preferred location for the shelter which is the location likely the City Council will adopt. If not handled properly by building a consensus, Mayor Tim Keller will be adding the location of the 24-7 city homeless shelter location he has advocated since being elected to the list of issues that could conceivably divide large segments of the city and deprive him of a second term. Being accused of “bait and switch” by the Journal does not help.

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POSTCRIPT

Below is the Albuquerque Journal editorial published on December 23:

Editorial: Keller must reverse course on his shelter bait-and-switch
BY ALBUQUERQUE JOURNAL EDITORIAL BOARD

When Mayor Tim Keller spent months earnestly explaining how Albuquerque needed to do more to address the rising tide of homelessness in the city, people listened.
That was in part because of the very public nature of the issue, especially to those who live and work near places like Coronado Park. But it was also in part because the mayor and his staff made a clear, logical and compelling argument as to why the resources currently available to homeless people were not getting the job done, and why the city-owned Westside Emergency Housing Center past the west edge of Petroglyph National Monument is not a long-term viable option due to its distance from the city center.
In the run-up to the November election – in which voters ultimately approved a bond package that included $14 million for a centralized homeless shelter – some people were nervous that we didn’t know where Keller’s new shelter would be.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.

https://www.abqjournal.com/1403579/keller-must-reverse-course-on-his-shelter-baitandswitch.html

For a related blog article see:

Compromise, Consensus And Concessions Needed For City Homeless Shelter; Vote YES On Bond Question 2

On December 13, the on line news and opinion outlet ABQ Reports published a political satirical piece that was a little too close for comfort. The article was written and published by editor Dennis Domraski.

For a number of years, Mr. Domraski was a reporter for the Albuquerque Tribune where he covered city hall and APD and he is one of the most knowledgeable reporters in Albuquerque when it comes to APD and city hall. He has over 34 years experience as a reporter. The link to ABQ Reports is here: https://www.abqreport.com/

MORPHING KELLER INTO BERRY

The December 13 ABQ Reports article published 3 photos of Mayor Tim Keller “morphing” into former Mayor Richard Berry.

The first photo is that of Mayor Tim Keller and what he looked like after he was elected and served a full year describing him as “handsome, confident and, as usual, smiling, and ready to play football, go jogging or attend a heavy metal concert.”

This second photo has Mayor Tim Keller slowly morphing into former Mayor R.J. Berry and to quote the article:

“complete with that creepy mustache. … At this point, Keller is starting to hide from reporters and has sneaked in to a couple of NAIOP luncheons. He’s even starting to have warm feelings about the ART project and think that retail and restaurant chain outlets should replace every independently owned business on Central Avenue.”

This third photo is described what Mayor Keller

“will look like at the end of his third year in office if he doesn’t immediately change his ways. He’ll hire [former APD Chief] Gorden Eden as the police chief, bring back Rob Perry, become NAIOP’s executive director and proclaim ART the greatest public works project in the history of the human race. No more heavy metal concerts for this dude! He’ll be watching Lawrence Welk reruns on cable, lusting after the Lennon Sisters and eating Swanson TV dinners while complaining loudly that they need more salt. And then he’ll slink away in disgrace never to be heard from again.”

Below is the link to the full ABQ Report article where you can review the morphing photos:

https://www.abqreport.com/…/Is-Keller-morphing-into-RJ-Berry

COMMENTARY AND ANALYSIS

As the saying goes, a picture is worth a thousand words. The 3 “morphing photos” courtesy of ABQ Reports of Mayor Tim Keller turning into former Mayor RJ Berry are creepy, but none the less, fair game in politics and are legitimate political commentary. The article should be funny, but it sadly reflects what has been happening to Mayor Tim Keller for the first two years of his term.

FAILING TO MAKE LEMONADE OUT OF LEMONS

Mayor Tim Keller a few months after being elected announced that the ART Bus project was “a bit of a lemon”. Instead of abandoning the project, Keller made the deliberate decision to finish the ART Bus Project. Keller spent half of his term to complete the project, even having to file a breach of contract lawsuit against the original bus manufacture only to settle the case with a mutual dismissal of claims and no damages paid to the city. With 11 bus accidents in the first few weeks of operation, Berry’s Boondoggle has now becomes Keller’s Nightmare that has destroyed historic Route 66.

https://www.petedinelli.com/2018/06/12/dinelli-blog-articles-on-art-bus-project-listed/

ANOTHER LEGACY PROJECT

The building of $125 million disastrous ART Bus project was considered by many as Berry’s legacy project. Berry called it a “world class project” and he crammed it down the cities throat without any public vote. Mayor Tim Keller has now found his own version of a legacy project and it is the Railyards Development, but this project is one that has the risk of being nothing but a money pit where taxpayer money will be thrown down a hole.

https://www.petedinelli.com/2019/09/05/kellers-railyard-development-becoming-money-pit-find-an-investor-and-a-developer/

NEW BOSS SAME AS THE OLD BOSS

Immediately after Mayor Keller was elected, he appointed as APD Chief Michael Geier, a retired APD commander. Keller also appointed many retired APD officers or officers eligible for retirement as command staff to Deputy Chief positions, essentially failing to appoint a new generation of command staff. Keller’s approach to replacing the APD command staff was essentially identical to what Mayor Berry did when he appointed Republican political operative and former sheriff Darren White as Chief Public Safety Officer, decided to keep APD Chief Ray Schultz and later hired former US Marshal and former Gov. Susana Martinez Cabinet Secretary Gordon Eden who brought back Bob Huntsman, a retired APD commander, and created and appointed him as “Assistant Chief”. Huntsman was the one who secretly recorded federal monitor James Ginger and the city later used the recording to try and get the removal of James Ginger as the federal monitor.

https://www.petedinelli.com/2018/06/14/national-search-for-new-apd-chief-a-sham/

FAILED PERSONNEL RESOURCE MANAGEMENT

During the last two years under Mayor Tim Keller, there have been APD personnel mismanagement issues identical to that under Mayor Berry, including police overtime abuses that were the targets of city audits and failure to hold people accountable for conduct.

https://www.petedinelli.com/2019/04/15/apd-spokesman-drobiks-192973-overtime-pay-tip-of-iceberg-denied-access-reason-media-reluctant-to-report-where-is-our-champion-to-combat-waste-fraud-and-abuse/

Keller, like Berry, has failed to hold APD personnel accountable for their actions, such as the fiasco of reporting bogus crime statistics, negligence in the collection of evidence in cases, and botched murder investigations. Recently, a 17-year-old child was arrested and spent 6 days in jail and was falsely accused of murder by APD homicide detectives.

https://www.petedinelli.com/2019/12/26/all-time-low-apd-clearance-rate-charging-and-jailing-an-innocent-child-for-murder-can-lead-homicide-unit-to-water-but-refused-to-be-trained/

The APD Homicide unit has now hit an all-time low of a 49% clearance rate. Like Berry, Keller is nowhere to be found when bad press involving APD is reported, such as the day the city’s murder rate broke the all-time record of 74 murders. Keller refused to answer questions on the subject during a morning press conference, said a statement would be issued and he then proceeded be unavailable for interviews all the rest of the day. Channel 4, after repeated requests for an interview, tracked Keller down outside of city hall on his way to participate in phone banking for a candidate for City Council. Keller had trouble answering Channel 4’s questions.

https://www.petedinelli.com/2019/12/10/channel-4-take-down-of-mayor-tim-keller/

TAKING CREDIT FOR LOWERING CRIME RATES THAT HAVE ACTUALLY INCREASED

In 2013 during Berry’s reelection bid for Mayor, Berry insisted crime was down dramatically. It was a lie. The truth was the city hit a historical high number in murders, property crimes and drug offenses. The city’s murder and violent crime rates continued to rise as did all crime rates in general during Berry’s second term. Since taking office on December 1, 2017, every quarter when APD has released the city’ crime statistics, Mayor Keller has done a press conference to proclaim and to some extent take credit for crime going down in all categories. In July, 2019, Mayor Keller reported crime was down substantially, with double-digit drops in nearly every category, between the first six months of 2018 and the first six months of 2019. The 2019 mid-year statistics and the statistics released at the end of 2018 had to be revised dramatically to include hundreds, and in some cases thousands, more incidents than were initially reported. The final crime rate numbers released showed violent crime actually increased under Mayor Keller. The city has now had 78 homicides in one year, the highest in its history for one year.

https://www.petedinelli.com/2019/12/02/mayor-keller-cooking-the-books-with-all-that-stuff-keller-and-apd-chief-geier-looking-desperate-with-4th-program-in-9-months-time-for-another-reorganization/

ASTRONOMICAL SALARIES PAID TOP EXECUTIVES

Former Republican Mayor Richard Berry was notorious for paying astronomical, out of line salaries to his top political operatives, especially during his second term in office. For example he gave former CAO Rob Perry a $33,000 raise in one year paying him $189,000 a year while only giving rank an file city hall wage earners 1.5% to 2.5% wage increases and even cutting wages paid one year. Former Chief Administrative Officer Rob Perry pay of $189,936 made him the #1 highest paid employee at city hall. Former APD Chief Gordon Eden was paid $166,699 (#2 highest paid employee), former Chief Administrative Officer Michael Riordan was paid $152,319 (#4 highest paid employee), former City Attorney Jessica Hernandez was paid $150,217 (#5 highest paid employee), former Fire Chief David W. Downey was $138,993 (#11 highest paid employee), former Deputy Fire Chief Eric Garcia was paid $133,872 (#13 highest paid employee) and former APD Assistant Chief Robert Huntsman was paid $132,435.

Keller is now paying all of his Department directors literally thousands more a year than Berry paid his department directors. Keller is paying many of his top managers $20,000 more a year than when they started with the city two years ago. Keller’s Chief Administrative Office (CAO) Sarita Nair started with the city being paid $169,556.80 a year and is now paid $190,000 a year. Berry’s Former Chief Administrative Officer Rob Perry was paid $189,936. Keller’s Chief Operations Officer Lawrence Rael started with the city being paid $165,524.80 a year and is now paid $185,000. Berry’s Former Chief Operations Officer Administrative Officer Michael Riordan was paid $152,319 a year. Keller’s APD Chief Michael Geier started with the city being paid $159,513.60 and is now paid $187,000 a year. Berry’s former APD Chief Gordon Eden was paid $166,699. Keller’s Albuquerque Fire and Rescue Chief Paul Dow started with the city being paid $132,691.20 a year and is now paid $153,005 a year. Berry’s former Fire Chief David W. Downey was paid $138,993 a year. Keller’s Finance Administrative Service CFO/Director Sanjay Bhakta. Bhakta started with the city at $131,200.00 a year and Berry’s former Director of Finance Department Lou Hoffman was paid $99,732 a year.

https://www.petedinelli.com/2019/07/31/its-who-wants-to-be-millionaire-working-for-mayor-tim-keller-hypocrite-city-councilor-trudy-jones-proclaims-raises-disgraceful/

https://www.petedinelli.com/2019/05/14/mayor-tim-keller-gives-thousands-of-raises-to-his-political-appointees-while-average-city-employee-gets-2-pay-increase/

PET PROJECTS FUNDED

Mayor Berry convinced the Albuquerque City Council to get behind and support the ART Bus project and to even allocate funding for the project. Berry also supported the City Council to unilaterally enact $65 million in revenue bonds for city projects such as pickle ball courts and baseball fields, all pet projects, without public input or voter approved bonds. Mayor Tim Keller convinced the city council to enact a $30.5 million dollar “Sports Tourism Lodger Tax” to upgrade or build facilities he wants throughout the city without a public vote, which is essentially what Berry did with revenue bonds.

https://www.petedinelli.com/2019/10/15/sneaky-sports-tourism-lodger-tax-raid-is-invitation-to-litigate-and-investigate-by-lodger-industry-and-nm-state-auditor/

DEVELOPER’S DREAM TEAM

The enactment of the ABC-Z comprehensive plan, known as IDO, was a major priority of Republican Mayor RJ Berry. The development community pushed hard for its enactment before Berry left office. The Greater Albuquerque Chamber of Commerce and the construction and development community, including the National Association of Industrial and Office Parks (NAIOP), pulled all stops to get the plan adopted before the October 3, 2017 municipal election, no doubt to support Mayor Richard Berry. It is no secret that Berry, a construction contractor and developer himself, was the all-time darling of the construction and development community, the Albuquerque Chamber of Commerce and organizations such as NAIOP because he did their political bidding.

The ABC-Z project rewrite was nothing more than making “gentrification” an official city policy. It “gutted” long-standing sector development plans designed to protect neighborhoods and their character and help developers who wanted to repeal those sector development plans. When running for Mayor, Tim Keller took absolutely no position on the enactment of the new comprehensive plan and neither did any other candidate. This past year, amendments to the plan were offered by Republican City Councilor Trudy Jones to reduce even further public hearing input for objections by neighborhoods to developments. Mayor Keller took no position on the legislation and signed off on it. By all appearances, Mayor Keller is continuing with the pro development agenda of Mayor RJ Berry.

https://www.petedinelli.com/2017/03/07/a-rush-to-adopt-gentrification-as-city-policy-before-an-election/

CATERING TO THE REPUBLICAN BUSINESS COMMUNITY

Former Mayor Berry was known for his yearly and bi annual presentations to NAIOP, the Economic Forum and the Greater Albuquerque Chamber of Commerce at functions and luncheons not open to the general public. NAIOP is the construction industry organization whose membership benefited from and were given ART Bus construction contracts. Mayor Keller gave his very first State of the City Address to NAIOP. Keller has continued with the Berry practice of giving city government updates to NAIOP, the Albuquerque Economic Forum and the Greater Albuquerque Chamber of Commerce at functions not open to the general public.

https://www.petedinelli.com/2019/08/01/mayor-keep-your-friends-close-and-abq-developer-enemies-closer/

CONCLUSION

The December 13 ABQ Reports ended with this final comment after the third photo where the “morph” had been completed:

“This is the future for Keller unless he immediately starts acting like a real leader. Tim, is this what you want? Think of your wife and children! Please! No more horror shows for Albuquerque! One was too many.”

Mayor Tim Keller has already made it known he is seeking a second term as Mayor. If he keeps going the way he is, and he is elected, it will be the fourth term of Mayor RJ Berry. So much for electing change two years ago.