In 2018, 20% of Albuquerque-area homicides were related to domestic violence. This year, there have been 19 homicides or 14% of 65 homicide cases that were related to domestic violence.

Within the last few weeks, APD has arrested 39 individuals with warrants for domestic violence including for battery against a household member, battery with a deadly weapon, criminal sexual penetration and child abuse. Upwards to half arrested by APD are considered “habitual domestic violence offenders” or individuals who have been charged with or convicted of domestic violence offenses in the past.

On October 2, 2019, the Albuquerque Police Department (APD) along with Attorney General Hector Balderas announced plans to collaborate with others in an effort to prevent, investigate and prosecute New Mexico’s domestic violence cases, which are major contributors to deadly violence. The new initiative will target repeat offenders. APD is seeking help from city officials, the Office of the Attorney General, state senators and local nonprofit organizations that help victims of domestic violence.

For his part, Attorney General Hector Balderas promised to prosecute domestic violence offenders quickly and said his office will start implementing statewide multidisciplinary domestic violence training for law enforcement officers. By working along with partners, Balderas said, he hopes people charged with domestic violence offenses won’t be able to cheat the system any more, which he said happens frequently.

https://www.abqjournal.com/1373860/apd-initiative-aims-to-combat-domestic-violence.html

REQUIRING DOMESTIC ABUSERS TO SURRENDER FIREARMS

The 2019 New Mexico Legislature passed Senate Bill 328 which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act. The bill was jointly sponsored by Democratic Senators Joseph Cervantes of Las Cruces and Antoinette Sedillo Lopez of Albuquerque and Democratic Representative Deborah Armstrong of Albuquerque.

Under the enacted legislation domestic abusers must surrender their firearms to law enforcement. The gun possession prohibition also applies to people convicted of other crimes. State Representative Debra Armstrong had this to say in support of the legislation:

“When a gun is present in a situation of domestic violence, it is five times more likely that a woman will be killed.”

https://www.abqjournal.com/1292493/lawmakers-pass-gun-restrictions-for-domestic-abusers.html

NEW MEXICO RANKS 10TH HIGHEST IN COUNTRY FOR DOMESTIC VIOLENCE

Representative Armstrong was not exaggerating given New Mexico’s domestic violence crisis.

On September 16, 2017, according to an annual study published by the Violence Policy Center, it was reported women are more likely to be killed by men in New Mexico than nearly any other states.

http://www.santafenewmexican.com/news/local_news/new-mexico-s-rate-of-women-killed-by-men-among/article_eb7e4a2c-273d-5eb6-8007-e5936639b64f.html

The study found the state has the 10th-highest rate of women killed by men, marking the third straight year New Mexico had appeared toward the top of the list, while New Mexico’s overall homicide rate ranked lower.

A New Mexico Legislative Finance Committee study described New Mexico’s response to domestic violence as fragmented and uncoordinated. The Legislative Finance Committee report also highlighted the judiciary’s inability to provide effective oversight of domestic violence offenders.

Battery on a household member is a misdemeanor but the magistrate courts and the metro court which handle misdemeanor cases have limited ability to monitor offenders serving probation for domestic violence.

The report found that New Mexico spends little on treatment programs for domestic violence offenders and has little evidence of the effectiveness of those programs. The study counted 16 women killed by men in New Mexico during 2015, the most recent year for which data was are available at the time.

The rate of 1.52 victims per 100,000 women is higher than the national rate of 1.12. Nearly all the woman killed were by someone they knew. Most of the killings were not connected to any other felony. Half followed arguments between the victim and her killer.

Cuurrent statistics are 1 in 3 New Mexico women will experience domestic violence in thier lifetime. 18,000 domestic violence calls were made in 2017 with 8,000 calls made in Albuquerque. 30% of the calls had a child as a witness. Nationwide 3 women are killed daily from domestic violence.

New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade. The Violence Policy Center promotes gun control and found that each state at the top of the list of women killed by men have a high rate of firearm ownership which no doubt includes New Mexico’s gun culture.

Children exposed to domestic violence often come from broken homes and live in poverty. Study after study reveal that domestic violence involving children usually results in the child growing up with mental health problems and become an abuser of their own children and spouse.

For more see the following links:

https://www.womenshealth.gov/relationships-and-safety/domestic-violence/effects-domestic-violence-children

https://www.unicef.org/media/files/BehindClosedDoors.pdf

COMMENTARY AND ANALYSIS

Bringing down violent crime involving guns, such as murders and domestic violence, is always more difficult because of issues such as inadequate mental health care and substance abuse problems. Domestic violence is clearly the most difficult category to bring down when it comes to violent crime because of the “cycle of violence” involved with such crimes.

All too often in domestic violence cases, the abused decline to charge and prosecute and return to their partner or spouse with the “cycle of violence” continuing. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

Years ago, early on in my legal career, as an Assistant District Attorney, I was assigned to the violent crime’s division and prosecuted murders and rape cases, and even reviewed child abuse cases. Years later, as Chief Deputy District Attorney for Bernalillo County, I had supervisory authority over all the felony divisions, including the Violent Crimes Division and the Domestic Violence Division.

What I learned as Chief Deputy District Attorney is that Albuquerque’s dirty little secret is that domestic violence is the number-one reason why a woman is admitted to the emergency room of the University of New Mexico Hospital. Statics in Albuquerque showed that after about the 10th or 11th time there is a call out of the Albuquerque Police Department to a home for domestic violence, it is usually to pick a woman up in a body bag.

Studies reveal that domestic violence involving children usually results in the child growing up and become an abuser of their own children and spouse. Children exposed to domestic violence often come from broken homes and poverty.

The Bernalillo County District Attorney’s Domestic Violence Division had three of the most seasoned and most skilled trial attorneys in the office. The Domestic Violence Division had some of the highest caseloads in the office between 150 and 200 active pending cases and one of the highest conviction rates.

One major initiative then Bernalillo County District Attorney Jeff Romero order me to implement as Chief Deputy District Attorney was the “Target Abuser Call” prosecution team, known as the TAC team, in Metro Court. The program was modelled after the Chicago’s District Attorneys Office. District Attorney Jeff Romero assigned 2 experienced prosecutors, an investigator, a victim advocate and they reviewed all domestic violence APD reports filed and initiated charges in Metro Court. Within a year, the TAC team had a 98% conviction rate.

The TAC Unit was long ago abolished. Currently, there is no Domestic Violence Division at the Bernalillo District Attorney office and domestic violence cases are spread out over the entire office. Bernalillo County District Attorney Raul Torrez should follow the lead of APD and Attorney General Hector Balderas and reinstate the Domestic Violence Unit and the Tac Unit within the Bernalillo county District Attorney’s Office.

Albuquerque and New Mexico must find solutions to what contributes to the most horrific crimes: domestic violence, substance abuse, children living in severe poverty, a poor education system, the breakdown of the family unit, the failures of our social services and child protective services, a failed mental health system, an ineffective criminal justice system, and a failing economy.

From 2010 to 2019, there were 32 police officer involved shootings and the city paid out $61 million dollars in settlements to family’s who sued APD for wrongful death. A significant number of those lawsuits involved the mentally ill.

In 2012, United States Department of Justice DOJ began a yearlong investigation of the Albuquerque Police Department (APD) and found a “culture of aggression” within the department and patterns of excessive use of force and deadly force. The April 10, 2014 (DOJ) investigation that found a “culture of aggression” within APD dedicated a significant amount of the force review against persons with mental illness and in crisis and APD’s specific responses to suspects that were having mental illness episodes.

The US Department of Justice (DOJ) investigation found APD’s policies, training, and supervision were insufficient to ensure that police officers encountering people with mental illness or in distress do so in a manner that respected their rights.

In November, 2014, the Department of Justice (DOJ) and the City of Albuquerque entered into a Court Approved Settlement Agreement (CASA) mandating reforms. What differentiates the DOJ’s investigation of APD from the other federal investigations in the country and consent decrees of police departments is that the other consent decrees involve in one form or another the finding of “racial profiling” and use of excessive force or deadly force against minorities.

A recent report revealed the extent of New Mexico’s mental health crisis. A second report discussed APD’s handling of behavioral health calls and a third report was on APD’s use of force.

This article is an in-depth discussion on the reports and how they inter relate to law enforcement, the DOJ consent decree and what the City of Albuquerque and Bernalillo County are doing when it comes to addressing our mental health crisis.

NEW MEXICO’S MENTAL HEALTH CRISIS

In 2018, more people killed themselves in New Mexico than during any other year in at least two decades. According to New Mexico Department of Health reports, 535 people committed suicide which translates to a rate of 24.8 per 100,000 residents which is a 6.7% increase over the 2017 rate. According to Department of Health Official Carol Moss, the 24.8% suicide rate is the highest rate on record since the state began consistently keeping track in 1999. The increase is a trend that exists throughout the country and the world.

In 2017, New Mexico was ranked as having the 4th highest rate of suicides in the nation with 23.51 suicides per 100,000 people. According to an analysis released by the Violence Policy Center, New Mexico ranked behind Montana, Wyoming and Alaska. A 2017 report from the Office of the Medical Investigator found 2.6% of deaths in New Mexico were suicides, compared to 1.6% across the United States.

According to a Violence Policy Center study, a little more than 50% of New Mexico’s suicides involved guns, compared to upwards of 60% in the other top states. The study found those states also have much higher rates of gun ownership, between 54% and 69% compared to New Mexico’s 37%. According to a 2017 NM Office of Medical Investigation report, 25% of those who committed suicide hanged themselves, and about 13% died from substance abuse or drug overdose.

In 2017, 46 New Mexico youths between 10 and 19 committed suicide. New Mexico has the 5th highest youth suicide rate in the country, approximately 16 per 100,000 residents, which is double the national average. According to data from the New Mexico Department of Health, the group of young people ages 10 to 14 experienced the largest increase in the rate of suicide over the past decade, rising from 4 in 2009 to 13 in 2018.

According to NM Department of Health Official Carol Moss, it is difficult to identify exactly what causes some states to have higher rates of suicide than others. Some studies suggest less restrictive gun laws and high numbers of gun ownership and the rural nature of a state may have an effect.

According to Molly McCoy Brack, the clinical director at the Agora Crisis Center, in rural states like New Mexico, it can be hard for people living in small towns to get access to mental health care, a factor that could contribute to higher suicide rates. Brack said:

“For one thing that makes it more difficult to access care, when you need it. Even when somebody realizes they need help and they are willing to accept help, it’s not always easy to get it. If you live in Vaughn, New Mexico, the closest counseling agency might be two hours away.”

In 2000, the Agora Crisis Center took about 1,200 calls and now they take about 30,000 calls a year. McCoy Brack added:

“Of all the calls we take, about 20% of them involve suicide as a topic of discussion at some level. About 5% of our calls involve someone who is in imminent danger from suicide.”

https://www.abqjournal.com/1366345/nm-had-record-number-of-suicides-in-2018-ex-in-2017-state-had-fourth-highest-rate-in-nation.html?fbclid=IwAR1dE7gQfPj8pOUW2SPCKKtdJ2ZWu25_fYgYl6jVcQBR01mjU-khdsTSS4Y

APD’S MENTAL HEALTH CALLS

Under the federal Court Approved Settlement Agreement (CASA) consent decree and settlement, a yearly “Use of Force” Report is mandatory. APD did not published a Use of Force Annual Report since 2015 with the primary reason being that the previous Republican administration failed to implement adequate data gathering processes and procedures for accurate reporting. After more than two years, the Albuquerque Police Department (APD) finally released a “Use of Force Report” combining a single report for the years 2016 and 2018.
You can read the entire Use of Force Report here:

https://www.scribd.com/document/402811641/APD-Use-of-Force-Report-2016-2017#from_embed

When you read and review the entire 2017- 2018 consolidated “Use of Force Report”, a major omission in the report is that there are no statistics regarding APD’s crisis intervention incidents and interactions with the mentally ill, especially by the SWAT unit. You can read a general summary of APD’s consolidated Use of Force Report in the postscript to this article below.

On Friday September 6, 2019, the Albuquerque Police Department (APD) released its 37-page Crisis Intervention Unit Data Book consisting of statistical charts and graphs covering the 2018 calendar year. You can read the entire data book at the below city link:

https://www.cabq.gov/mental-health-response-advisory-committee/documents/apd-crisis-intervention-unit-data-book-2018-12-17.pdf

The Crisis Intervention Unit Data Book APD is a detailed report that provides raw statistical data on how APD is dealing with people in mental health crisis. The report outlines the types of behavioral health-related calls coming into the 911 dispatch center, what officers are encountering on the streets and how those calls are being handled by sworn police dispatched. Much of the data released by APD was compiled from worksheets filled out by field officers after behavioral health-related encounters. The police reports detail the nature of each call, describe the person, whether they were armed and how the incident was resolved.

According to the Crisis Intervention Unit Data Book:

1. In 2018, 65% of the 4,069 of APD’s calls involving someone experiencing behavioral health issues were related to suicide.

2. Behavioral health-related calls across the city in 2018 decreased slightly for the first time in at least eight years, from an average of 17.9 calls per day in 2017 to 17.3 calls per day in 2018. Such calls had surged by 72% going from 3,797 to 6,535 between the years of 2010 and 2017. There were 6,302 behavioral health calls in 2018.

3. A statistical map published in the data book shows that the calls received in 2018 were spread evenly across the city. There were large clusters along Central, particularly East Central, and parts of Gibson.

4. APD Officers arrested about 3%, or 169 people, they encountered during a crisis intervention situation. In 72% of those encounters, police officers transported the individual for emergency services. Another 20% were resolved with little or no action. In 57 of the encounters, just under 1%, the individual committed suicide.

5. Slightly more than 10% of the individuals with behavioral health issues that officers encountered last year were armed. Of those, 151 had a firearm; 410 had a knife or other cutting instrument; 32 had a blunt object and the other 35 had a different or unknown weapon.

6. Officers suffered 20 injuries in 2018 while dealing with crisis intervention situations. Those injuries ranged from abrasions in 12 cases to bite marks in 2. One incident was classified as a bio-hazard contamination.

7. Use of force was avoided in 98% of crisis intervention encounters. Officers used force in 1%, or 65, of those incidents. Although most use-of-force involved empty hand techniques or takedowns, police used a Taser on 17 people and shot at four, striking only one. It is unclear if that person died in the shooting. Of the 10 police shootings that occurred in 2018, nine of them were fatal but it is unclear in the report which one the data is referring.

REPEAT ENCOUNTERS TRACKED BY APD

The released Crisis Intervention Unit Data Book report outlines the number of individuals with repeated crisis intervention encounters with officers tracking 4,440 behavioral health encounters with police. Of the 4,440 behavioral health encounters tracked by APD, 806, close to one in five, involved someone they encountered more than once. 741 of those individuals had 2 to 5 encounters with the officers; 48 had six to 10 encounters; 13 had 11 to 19; three had 20 to 25 encounters; and one person had 52. The vast majority, however, nearly 82%, had only one encounter with officers.

The data report provides behavioral health-related calls over the years as follows:

2010: 3,797
2011: 4,036
2012: 4,394
2013: 4,663
2014: 5,320
2015: 5,616
2016: 6,092
2017: 6,535
2018: 6,302

https://www.abqjournal.com/1363333/apd-report-shows-decrease-in-behavioral-health-related-calls.html?fbclid=IwAR11ONfdlbMPE3DjMRDgI4u0gTCs2_x2amszjrSZ-8AjQ3OuDyNnctf46Gk

APD’S CRISIS INTERVENTION TEAM (CIT)

The 2014 DOJ investigation found APD’s policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respects their rights. During the last 10 years, there have been 32 police officer involved shootings and the city has paid out $61 million dollars in settlements to family’s who have sued APD for wrongful death. A significant number of those lawsuits involved the mentally ill.

The most memorable shooting was the killing of homeless camper and mentally ill James Boyd in the Sandia foothills in April, 2014 where both SWAT and the K-9 units were dispatched. The Boyd case was settled for $5 million paid to his family for his wrongful death. Two SWAT officers were charged and tried for murder ending in a deadlock jury and no acquittal and the charges later dropped against both police officers.

The number of incidents involving the killing of people having psychotic episodes by law enforcement compelled the city and county to invest more in crisis intervention funding. APD’s Crisis Intervention Unit (CIT) team consists of 13 detectives, the civilians in the Crisis Outreach and Support Team (COAST), a psychiatrist and two mental health clinicians.

The Crisis Intervention Teams (CIT) respond to a variety of calls ranging from family disputes, suspicious people to high-stakes situations such as someone threatening to commit suicide. APD’s crisis intervention officers use to respond to every behavioral health call. Now, virtually all APD officers in the field have been given at least 40 hours crisis intervention training on the basic method of “Question, Persuade, Response” (QPR) to deal with people who are threatening to commit suicide.

In the first eight months of 2019, CIT has responded to 2,921 calls related to suicide, including threats and attempts, about 50% of the unit’s behavioral health calls. According to APD Lt. Matt Dietzel who heads the CIT Unit:

“The scary [calls] and the ones you know are not going to end well when you get there is where they call and say the address and they hang up. Generally, that is somebody who is … [dead] … when you get there. It’s not going to be good. … In terms of mental health, [suicide is] the number one call APD responds to hands down, no question. We’ve done so much work to train the field and uniformed officers in general on how to deal with [suicide] calls we only do follow up. The field has gotten so good with what they do.”

APD Chief Mike Geier said in a statement:

“We continue to invest in quality training for field officers, while building and expanding our successful Mobile Crisis Teams that go to high-priority mental health emergency calls. We are also being proactive with a team of home visit detectives and clinicians who work with people and attempt to prevent crisis situations.”

DECIMATION OF NEW MEXICO’S MENTAL HEALTH SYSTEM

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

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

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

Three of the five Arizona providers brought in by the previous Republican Administration in 2013 to replace the New Mexico nonprofits pulled out of the state. New Mexico’s mental health system is still struggling to recover.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

It has never been fully reported on how the 5 Arizona Heath Care providers were selected to replace the New Mexico nonprofits. It has also never been revealed to what extent the former Republican Governor was involved with the selection nor what orders her office gave in the selection of the out of state providers.

BUILDING THE BEHAVIORAL HEALTH SERVICE SYSTEM

Studies suggest that nearly 50 percent of Bernalillo County residents needing mental health or addiction treatment services are not getting the help they need because of gaps in New Mexico’s behavioral health care. Untreated behavioral health conditions have led to increased and sometimes tragic interactions with law enforcement, over incarceration, overuse of hospital emergency and inpatient services, and unnecessary suffering on the part of patients and their families.

In 2014, Albuquerque and Bernalillo County voters overwhelmingly voted to impose a one-eighth percent gross receipts tax to improve access to mental and behavioral health care services in Bernalillo County. The one-eighth percent gross receipts tax voted by taxpayers for mental health is being used for the purpose of providing more mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area, and to provide a safety net system that develops mental health care not otherwise funded in New Mexico.

The Bernalillo County Commission established the Behavioral Health Initiative representing a significant step forward in local efforts toward addressing and preventing the mental health, substance abuse, addiction, and homelessness crisis in Albuquerque/Bernalillo County and the middle Rio Grande region of New Mexico.

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

On September 30, 2016 the Albuquerque Bernalillo County Government Commission and the Bernalillo County Commission approved support and $5 million in funding for behavioral health proposals. Those proposals included:

A. Creation of community engagement team that helps people and their families to voluntarily cope with the effects of mental illness and substance abuse disorders in the comfort and familiarity of their home.

B. Supportive housing for individuals with behavioral health needs coming out of the jail.

C. Implementing reduction of adverse childhood experiences project to develop a system that maintains a strong collaboration of professionals who work with children across the full continuum of services for at-risk children and families including primary prevention, identification, early intervention, support and treatment, harm reduction, outreach, and services in children’s homes and within communities.

D. Hiring a behavioral health advisor who will provide guidance on the development and implementation of the behavioral health initiative.

E. Transitional living for the youth program to serve at-risk youth who are precariously housed or homeless with a mental health or addiction diagnosis.

On December 14, 2016, the Bernalillo County Commission approved two additional behavioral health initiatives that provide for mobile crisis teams and a supportive housing program.

The mobile crisis teams and scattered site supportive housing program were both approved and the county solicited requests for proposals to implement the initiatives. The housing program has increased supportive housing throughout Bernalillo County for persons with behavioral health conditions who are homeless.

The mobile crisis teams respond to individuals experiencing a nonviolent behavioral health crisis that necessitates a 911-response. Three teams were formed initially, one by Bernalillo County and two by the City of Albuquerque. Each team consists of a crisis intervention unit deputy paired with a master’s degree level behavioral health clinician.

The Bernalillo County Behavioral Health tax will fund the mobile crisis teams in the amount of up to $1 million per year. The mobile crisis teams provide a range of services, including clinician response to a scene within 20 minutes of an initial call and evaluations with referrals to appropriate behavioral health services and support systems.

The site supportive housing program consists of providing housing and case management services for persons with behavioral health conditions who are homeless or who are at risk of becoming homeless. A minimum of 55 supportive housing units will be available throughout the county.

https://www.bernco.gov/general-news.aspx?aa431b263de84365b8eaae43ab63bd6dblogPostId=178786b84c34406b97d28a81f7ce1a68

On January 10, 2017, the Bernalillo County Commission approved spending $1.3 to develop and fully fund a Metropolitan Detention Center (MDC) Transition Planning and Re-entry Resource Center using funds from the Bernalillo County behavioral health tax fund. The Re-entry Resource Center is located at 401 Roma NW, the former Public Safety Center, and serves individuals leaving the MDC and returning to the community.

The Re-entry Resource Center is designed to reach individuals who may have behavioral health challenges and a high need for resources, such as temporary shelter, food, and re-connecting with family members or community providers who can help former inmates gain footing after leaving jail.

There are two primary components to the project:

The first component begins before the individual is released from jail. It is transition planning for clients still at MDC who are at high risk for returning to jail. Planners inside the jail would administer risk/needs assessments, create transition plans and coordinate with case managers at the Re-entry Resource Center to facilitate a smooth transition for the individual being released back to the community.

The second component is that individuals released from jail would be discharged to the Re-entry Resource Center where they can receive immediate assistance linking them to community-based services, achieve long term stability and have a safe place to transition back into society.

COMMENTARY AND ANALYSIS

Molly McCoy Brack, the clinical director at the Agora Crisis Center, highlighted the mental health crisis in rural states like New Mexico, when she said it’s hard for people living in small towns to get access to mental health care, a factor that contributes to higher suicide rates. Brack said:

“Even when somebody realizes they need help and they are willing to accept help, it’s not always easy to get it. If you live in Vaughn, New Mexico, the closest counseling agency might be two hours away.” Brack’s disturbing observation has not always been the case. In 2013, there were 15 nonprofit mental illness and drug addiction providers that provided services throughout New Mexico.

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

The former New Mexico Republican Governor never understood the need for mental health services. The mental health care providers were easy targets for her conservative antigovernment philosophy to freeze Medicaid funding to bring 15 nonprofits to their knees and forcing them out of business. To the former prosecutor, the answer was always increasing penalties and incarceration.

What is known is that legacy of Republican Governor “She Who Must Not Be Named” is a legacy of shame when it comes to the destruction of New Mexico’s nonprofit mental health care system. Her political wrath and cost cutting measures affected thousands of New Mexico residents in need of mental and behavioral health care services and she simply did not give a damn.

The 15 behavioral health programs-initiated lawsuits against the state. The Governor Lujan Grisham administration continues to move forward to ending long-running lawsuits that have cost the state millions of dollars. 5 have reached settlements with the state. There are still other lawsuits pending.

Governor Michelle Lujan Grisham when she was the New Mexico Secretary of Health was a champion for mental health services. After 8 very long years, New Mexico has a Governor that truly understands the need for effective and critical mental and behavioral health care services. After 8 very long years, New Mexico has a Governor that truly understands the need for effective and critical mental and behavioral health care services. The process to rebuild the state’s behavioral health care services will be a slow process that no doubt will take years.

With respect to Albuquerque and the Albuquerque Police Department tremendous progress has been made in dealing with our mental health crisis. According to the Crisis Intervention Unit Data Book, use of force was avoided in 98% of crisis intervention encounters. Officers used force in 1%, or 65, of those incidents. Although most use-of-force involved empty hand techniques or takedowns, police used a Taser on 17 people and shot at 4, striking only one. These statistics are a dramatic improvement to what the city was experiencing in 2014 that resulted in the Department of Justice investigation.

With the federal consent decree, the Mental Health Advisory Committee has been implemented and APD sworn have received crisis management intervention training. The CIT unit has made significant progress in dealing with the mentally ill so much so that APD’s programs have been identified and commended as best practices.

With voters overwhelmingly voting to impose a one-eighth percent gross receipt tax to improve access to mental and behavioral health care services in Bernalillo County, the gross receipts tax is slowly but most assuredly being used to mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area. A safety net system is being developed to offer mental health care not otherwise funded in New Mexico.

Not withstand all the progress that has been made in Bernalillo County, far more needs to be done to address New Mexico’s mental health care crisis.

________________________________

POSTSCRIPT ON USE OF FORCE REPORTS

Under the federal Court Approved Settlement Agreement (CASA) consent decree, a yearly “Use of Force” Report is mandatory. APD did not published a Use of Force Annual Report since 2015 with the primary reason being that the previous administration failed to implement adequate data gathering processes and procedures for accurate reporting. After more than two years, the Albuquerque Police Department (APD) finally released a “Use of Force Report” combining a single report for the years 2016 and 2018.
You can read the entire Use of Force Report here:

https://www.scribd.com/document/402811641/APD-Use-of-Force-Report-2016-2017#from_embed

According to the report, the current police administration encountered major problems analyzing data collected by the previous administration, calling the previous methods “poor at best” in the report release. The DOJ court-appointed monitor in his audit reports to the federal court over the last 3 years has taken sharp issue with the APD’s data collection and analysis methods with APD ignoring recommendations. Consequently, the report examines the use of force by the Albuquerque Police Department (APD) over the two-year period of between January 1, 2016 to December 31, 2017.

The CASA was designed to strengthen APD’s s ability to provide:

1. officer safety and accountability;
2. constitutional, effective policing;
3. high quality police services.

The report presents aggregated statistics regarding use of force by type of force, call types, individual demographics, area commands and other measures. The Use of Force Report was prepared by APD’s Compliance Bureau in conjunction with the Force Division of APD Internal Affairs.

The following definitions were provided in the Use of Force Report to help understand the data reported:

“A ‘Use Of Force Case’ involves an incident with one or more individuals, one or more police officers, and one or more uses of force.

A “Show Of Force Case” involves one or more individuals, one or more police officers, and one or more displays of weapons, but no actual use of force during that incident.

A “Use Of Force Type Or Show Of Force Type” is the specific application of a force type or types in a Use of Force or Show Of Force incident. For example, one police officer may display or use several kinds of force (e.g., display handgun, or empty hand techniques and ECW) with one individual during one encounter. Thus the number of Use Of Force Types Or Show Of Force Types will be higher than the number of individuals involved in Use Of Force or Show Of Force Cases.

Police officers may display weapons, a show of force, as part of an incident which includes an actual use of force. Those cases are categorized as a “Use Of Force Case.” (Use of Force Report, page 6.)

The “Use of Force” report for the 2016 and 2017 contains not data regarding APD’s crisis intervention efforts regarding the mentally ill.

GENERAL FINDINGS IN USE OF FORCE REPORT

General findings contained in the report can be summarized as follows:

1. Use of force was low for both years of 2016 and 2017.
2. APD officers were dispatched to approximately 450,000 calls to provide service in 2016 and that number increased to 480,330 in 2017.
3. Individuals involved in uses of force represented less than one tenth of one percent (0.09%) of those dispatched calls which was an increase from 2015. The 2015 report found that .04% of dispatched calls resulted in an officer using force.
4. The 2015 report found .04% of dispatched calls resulted in an officer using force. City officials believe the increase in use of force 2015 over 2016 and 2017 is likely due to more accurate reporting.
5. Fewer than 2% of all APD arrests involved use of force.
6. In 2016, 48.5% , of people involved in use of force cases were unarmed but about 30% were classified as “unknown.”
7. In 2017, 74.8% of people involved in use of force cases were unarmed.
8. In 2016 and 2017, there were three times as many use-of-force incidents as there were “show of force incidents”, defined as an officer pointing a firearm or other impact weapon at a person. ( NOTE: The 2015 Use of Force Report, compiled by the previous administration does not track “shows of force” incidents which explains the increase according to the report.
9. From 2016 to 2017, show of force incidents rose 35% while at the same time use of force incidents remained constant.
10. Firearm discharges made up to 2% of all use of force cases over the two years, but still rose slightly from 2016 to 2017.
11. Empty-hand techniques such as strikes, grabs, kicks, take downs and distraction techniques made up the majority of use of force cases at 70% in 2016 and 60% in 2017.
12. Fewer people were injured in use-of-force cases. In 2016, 68% of the injured needed to be hospitalized while in 2017, 94% needed to be hospitalized.
13. APD Officers were injured in 23% of use of force cases but had to be hospitalized in less than 3% of those cases.
14. Use of electronic control weapons (TAZERS) increased while other types of use of force decreased.

On March 7, 2019 the state House passed House Bill 356 (HB 356) with a two-vote majority of 36 to 34 that would have legalized the recreational use of marijuana. HB 356 bill included a provision for state run and regulated stores. House Bill 356 was a broad marijuana legalization proposal and dedicated some of the tax revenue from cannabis sales to research into cannabis impairment, purchasing roadside testing equipment for law enforcement and to train police officers as drug recognition experts when drivers are stopped.

HB 356 was legislation that was the result of bipartisan efforts and talks involving House Democrats and Senate Republicans. Every Republican Representative in the House voted against HB 356 joining 10 Democrats in opposition to it. The bipartisan proposal to allow cannabis sales at state-run shops narrowly cleared the state House but failed to make it through the Senate.

After the Legislature adjourned on March 21, 2019, Governor Michelle Lujan Grisham said that she would add the issue of legalizing recreational marijuana use to the 2020 legislative agenda which will be a 30-day session. To that end, on June 28, 2019, Governor Michelle Lujan Grisham announced the creation of a “Cannabis Legalization Working Group.” The task force consists of 19 members including the Democratic and Republican legislators who sponsored unsuccessful legislation this year to authorize and tax recreational marijuana sales at state run stores. The group also includes representative of a labor union, sheriff’s department, health care business, Native American tribes, medical cannabis businesses, a county government association, and commercial bank and hospital company.

The Working Group held a series of public hearings, listening to the public and compiling recommendations for the governor that will be incorporated into proposed legislation to be introduced in the 2020 legislative session. The Governor’s working group is now winding down its work and is beginning to make recommendations formal.

TRADITIONAL LICENSING SYSTEM PROPOSED

On September 10, 2019, the Governor’s task force endorsed and is recommending a traditional licensing system for private companies that would grow and sell marijuana. The state would not operate the 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 shops as a part of a compromise with Republicans.

The task force also recommended against allowing local governments to ban marijuana sales entirely within their jurisdictions. Notwithstanding, the task force is recommending that Cities and counties be permitted to impose zoning restrictions and similar regulations for cannabis retail stores. Some states that have legalized recreational use of marijuana allow local communities to opt out of legalizing sales.

Remaining issues the task force intends to address include how to handle prohibitions on driving under the influence and roadside testing for marijuana intoxication and other changes to the state’s medical cannabis program.

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

FULL SERVICE LIQUOR LICENSES ARE TRADITIONAL LICENSING

Guest commentator John Strong explained the traditional licensing system New Mexico has for full-service alcohol licenses this way:

“Decades ago, the New Mexico legislature created a system of a set and limited number of licenses to be able to serve or sell liquor by the drink. This is not the same as wine and beer licenses. There are currently 1,411 licenses in the state for this purpose, and they trade as a commodity and can be bought and sold to the highest bidder. The state derives no economic benefit from the purchase, sale , or leasing of these licenses at all. They simply allow the owner to then go to the State Alcohol and Gaming Commission and apply for a license that allows them to sell alcohol.

Therein begins the problem. Many of these licenses began to migrate away from small locally owned businesses to large out of state corporations. Companies like Marriott and Hilton Hotels, Cheesecake Factory, Applebee’s, and other large chains. Then groups formed here to acquire licenses and lease them out rather sell them, both in anticipation of ever-increasing values for them as well as increasing lease payments.”

For full John Strong commentary see:

https://www.petedinelli.com/2019/07/24/a-serious-conversation-on-liquor-license-reform-in-new-mexico/

LEGALIZATION OF RECREATIONAL MARIJUANA FAR FROM CERTAIN

Even though Democrats hold 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. There are still many members of the Senate and House that have staunchly opposed all previous efforts to legalize marijuana.

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.

COMMENTARY AND ANALYSIS

When it comes to the legalization of the recreational use of marijuana, the legislature needs to avoid a traditional licensing system like it created for full-service alcohol licenses. With present alcohol full-service licenses, the number of licenses are capped and based on population numbers. Liquor licenses are now being sold for upwards of $1 million where only the wealthy or major restaurant chains can only afford them.

The result and unintended consequence will be identical with recreational marijuana licenses purchased for a few thousand dollars from the state and held onto for a windfall profit.

The exact same thing will happen with recreational marijuana licenses unless the licenses are not tied to population. There should be no limit on the number of recreational pot licenses that will create a market of licenses that increase value and are considered an investment by the private sector as opposed to regulation by the state to protect the public health safety and welfare.

One option that should be considered is placing the 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.

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

For a related blog article see:

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

Albuquerque Public Schools System (APS) is New Mexico’s largest school district, serving more than a fourth of the state’s students and nearly 84,000 students. APS operates 142 schools consisting of 4 K-8 schools, 88 elementary schools (K through 8th grade), 27 middle schools (6-8 th grades), 21 high schools (9th to 12th grade) and 2 alternative schools. APS students live in the city of Albuquerque and the towns of Corrales, Los Ranchos and the counties of Bernalillo and Sandoval, and the pueblos of Isleta and Laguna.

APS serves many students in need with nearly two-thirds qualifying for the federal school meals program. APS employs 14,000 total employees consisting of 12,000 full time employees, 6,063 teachers and librarians and 1,800 teacher aides. The school district serves 29,000 breakfast per school day and 41,000 lunches per school day.

Of the 84,000 APS students 16.6% are classified as “English Learners”, 17.2% are classified as “Students with Disabilities”, and 5.9% are in gifted programs. There are 29 APS authorized charter schools with 7,100 students attending the charter schools. APS is among the top 40 largest school districts in the nation and the largest in New Mexico.
The ethnicity of the APS 84,000 students is:

65.8% Hispanic
22.9% Caucasian/White
5.5% American Indian
3.2% African American
2.3% Asian American
0.2% are “other”

IMPACT OF FAILURE OF EXTENSION OF TAX MILL LEVY

On February 5, 2019, voters overwhelmingly rejected Albuquerque Public Schools’ (APS) two mill levy questions and a proposed bond that would have raised real property tax bills by 5%. According to media reports, all three questions on the ballot failed by wide margins.

https://www.abqjournal.com/1277156/last-chance-to-deliver-ballots-for-aps-special-election.html

The FIRST and most important ballot initiative that voters said no to involved money earmarked for maintenance of existing facilities. It was to be a continuation of the current tax rate. The current tax rate is at the end of its six-year cycle, and continued funding is needed to maintain APS current facilities. The funding protects the public’s investment in public schools.

The SECOND ballot initiative that voters said no to involved financing for new facilities and the purchase of needed equipment and technology.

The THIRD ballot initiative voters said no to asked voters for permission to sell an additional $200 million in General Obligation Bonds to be used solely for capital and equipment for the district.

Had all three initiatives past, they would have generated $900 million for APS over the next 6 years to help execute its full capital master plan which included $190 million over 10 years to maintain APS current facilities.

After the failure of the continuation of the mill levy for school maintenance, APS experienced an immediate impact. APS was forced to take discretionary funding which typically go to small projects identified by school administration away from schools to help pay for maintenance projects. The school system used operational dollars to fill the gap.

NOVEMBER 5, 2019 APS ELECTION BALLOT

After voters rejected February’s $900 million mill levy and 2 bond packages, the APS Board decided to put a $290 million proposal before voters in November. On November 5, 2019, voters will have a second chance to continue the mill levy tax they rejected in February.

On the November 5 ballot, APS is seeking voter approval to continue the tax mill levy at the previous amount, which would generate $190 million over six years. APS is also wanting to issue $100 million of bonds over four years. The money being requested is “capital money”, meaning it can only be used for building maintenance and improvements.

APS is asking voters to approve a significantly reduce package with no tax increase. The $190 million-dollar request is a far cry from the February rejected request of $900 million.

APS has identified 23 capital projects for voter approval. The projects include 7 school construction projects, turf fields, school equipment expenses and primarily maintenance work at the schools. In the February election, 34 construction projects had been identified.

$92.3 million in maintenance is the biggest sole cost that the election dollars will go to for aging schools. The maintenance includes heating, ventilation and air conditioning, roof, infrastructure and pipe repairs. Money will also go toward removing lead from aging pipes to ensure safe drinking water. APS has stressed that elevated levels of lead in schools’ water systems has largely been resolved for elementary schools, but the plumbing is still being flagged as a funding priority. APS has moved onto testing water at middle schools and high schools.

The mill levy and bond package also is slated to go towards school equipment and charter schools.

MONEY FOR NEW CLASSROOMS

According to APS Officials, the list of construction projects is based on the level of importance. The repair and classroom construction projects that will be financed are as follows:

$9.4 million for classrooms at Jackson Middle School (APS has started work at Jackson Middle School and its Career Enrichment Center and Early College Academy.
$7.6 million will go toward new classrooms at the Career Enrichment Center and Early College Academy.
$5.4 million for Monte Vista Elementary School.
$25.8 million to Janet Kahn School of Integrated Arts.
$8.5 million to Lavaland Elementary School.
$3.9 million to Navajo Elementary School.
$5.7 million for Rio Grande High School for its gym to become Title 9 compliant.

OTHER PROJECTS

Other projects included are:

$3 million will be allocates for turf fields at 2 high schools, 2 middle schools and up to five elementary schools.
$10 million allocated to bring schools into compliance with the Americans with Disabilities Act.
$12.3 million will go to these School Improvement Funds.
$4.5 million for security projects.
$30 million of the mill levy is required to go to state-authorized and APS-authorized charter schools.
$18 million for bus depots is being proposed. APS is operating buses out of the center of the metro to get buses all over the district and APS is using contractor-owned depots. The goal is to put one bus depots on the West Side, one in the southwest and one in the East Mountain area to cut down on travel time.

CONSOLODATED ELECTIONS BALLOT

The Local Election Act (LEA) was passed by the New Mexico Legislature in 2018. The Local Election Act provides for consolidated local elections to be conducted in New Mexico. November 5, 2019 will be the first consolidated elections for the City of Albuquerque, which will include 4 City Council elections and capital improvement bonds, the Villages of Tijeras and Los Ranchos de Albuquerque, the Albuquerque Public School Board, CNM, the Albuquerque Metropolitan Arroyo Flood Control District and the Ciudad Soil and Water Conservation Board. Voters will get one ballot for the races that pertain to them when they go to vote based on their voter registration. The Bernalillo County Clerk’s office is administering the consolidated election and the election is not expected to cost the individual entities anything.

For APS, the ballot will have its mill levy, bond package and three APS Board of Education seats: districts one, two and four. Election Day is November 5. Absentee voting begins is October 8. Early voting begins on Oct. 19. The state will cover the cost of the election.

https://www.abqjournal.com/1369626/aps-asks-voters-to-ok-pareddown-capital-package-ex-lions-share-of-money-would-go-toward-school-maintenance.html

COMMENTARY AND ANALYSIS

It is clear from the reduction of the February bond package from $900 million to $290, or a two thirds reduction, that APS learned a very valuable lesson and has now prioritized the most important projects. The number of projects to be funded has gone from 34 projects to 23 capital projects. All the projects that will be funded are capital improvement projects meaning that they are not a part of the APS operating budget which is funded by the state’s funding formula per child. All the 23 projects are investments in tangible assets, brick and mortar projects, not management and personnel.

Because of the extent of the number of schools that have depreciated and deteriorated and exceeded their useful “shelf life”, the APS school system and the citizens of Albuquerque are confronted with a financial dilemma, refurbish or tear down and rebuild many of our public schools. As is the case with any building, private and publicly owned, APS schools and facilities age and eventually have to be torn down and rebuilt, as was the case with Del Norte High School in the last few years. Many of the elementary schools are so old they are falling apart for lack of maintenance, upkeep and age. There is little doubt that the passage and the continuation of the mill levy for school maintenance and repairs is critical.

Property taxes will not increase if voters approve extension of the mill levy but would decrease if the mill levy is not approved by voters. The mill levy is the main revenue source for maintenance of the school facilities. The financing cannot be spent on operational expenses such as salaries.

Voters of Albuquerque are urged to vote ‘YES” on November 5 for continuation of mill levy dedicated to school maintenance.

On Tuesday September 10, the Albuquerque Journal published my guest editorial and entitled it “We can’t wait for Congress. NM Should act to prevent mass shooting now”.
Below is the guest commentary in full with the Journal link followed by a postscript on additional legislation that should be enacted:

Congress refuses to enact reasonable and responsible gun control measures by banning all assault weapons.

In August there were 38 murdered, 78 injured by AR-style weapons: in El Paso, 22 murdered, 26 injured; in Odessa/Midland, seven murdered, 25 injured; in Dayton, nine murdered, 27 injured.

New Mexico needs to act on its own before a mass shooting happens here.

https://www.abqjournal.com/1364035/we-cant-wait-for-congress.html?fbclid=IwAR1U7_YuEkdVcMkHwzUcORwYTquMEQSVgpt8tJJHKxnpGFFaWoWSGtsrv6A

POSTSCRIPT:

Article II, Section 6 of the New Mexico Constitution entitled “Right to Bear Arms” states as follows:

“No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.”

Because of Article II, Section 6 of the New Mexico Constitution, municipal and county governments arguably have limitations on their ability to prohibit firearms in government owned or operated facilities. Further, New Mexico has NO statutes prohibiting firearms in hospitals, places of worship, sports arenas gambling facilities or polling places although administrative regulations and orders may apply.

The New Mexico legislature should enact a statute prohibiting firearms to be carried in City and County buildings owned or operated facilities, hospitals, places of worship, sports arenas, gambling facilities and polling places.

SOURCE: https://lawcenter.giffords.org/local-authority-to-regulate-firearms-in-new-mexico/

For a related blog article on gun control laws see:

Three City Councilors Ignorant On Gun Control Laws And Grand Stand Before Election; NM Law And Court Rulings On Gun Control

On Wednesday September 18, Albuquerque City Councilors Isaac Benton, Pat Davis and Diane Gibson, citing more than a dozen shootings that have occurred at government buildings and public meetings around the country in the past 22 years, introduced legislation to ban guns on city properties. The ordinance bans guns on “any city structure, building, or office space which is owned, leased or otherwise occupied by the City for purposes of hosting the public, or conducting business with the public”. The proposed ordinance would include City Hall, all parks, libraries, and any place the City Council, city commissions or elected officials are holding an open meeting.

Davis on his own also introduced two other gun-related bills:

1. The first requires gun owners to keep their firearms locked up when outside of their immediate possession and control. The proposed laws would require people in Albuquerque to keep their guns locked in a safe at home or with a secure device in the car when they are not with them.

2. The second would make it illegal to threaten mass violence in Albuquerque, including over social media, which Davis said would allow police to initiate investigations sooner than they now can.

Violation of any of the proposed city ordinances would be a misdemeanor, meaning that the maximum penalty would be between 6 months to 1 year in jail and/or a fine of $5,000 if convicted in Metropolitan Court.

All 3 city councilors said they do not believe that the New Mexico Constitution should preclude communities from passing legislation they say would protect citizens.

City Councilor Pat Davis said of the proposed legislation:

“Quite frankly, we’re tired of waiting on Santa Fe and Washington to step up and do something. We’re living with our constituents every day who are worried about this.”

City Councilor Isaac Benton for his part said his primary goal is to keep guns out of public meetings and other places where residents must go to transact business with the government, such as when they file for building permits.

City Councilor Diane Gibson expressed the opinion that banning guns from city properties and meetings would create a safer environment for city employees as well as those who do business with the city or want to speak during public hearings. Gibson explained that the sometimes-contentious matters handled in public meetings and government centers do not mix well with guns. Gibson claims that she has heard from friends and acquaintances who are hesitant to attend public meetings and gatherings out of fear.

Gibson revealed the extent of her limited intelligence on the law and gun control issue when she said:

“I’m not naive; I understand there are going to be people who will not support this and will see it as just another firearm law, but the way I look at this is much broader than that. …”

https://www.abqjournal.com/1367798/abq-councilors-seek-to-ban-guns-at-city-properties.html?fbclid=IwAR0O2xs-KIII_3g3anVaqn6NNS-5WhontWrAw9FxbTEJCcthy3tgMdtC3VI

https://www.krqe.com/news/albuquerque-metro/albuquerque-city-councilors-file-three-new-gun-bills/

MAYOR TIM KELLER’S EXECUTIVE ORDER

On August 16, Mayor Tim Keller issued an administrative instruction banning guns from city community centers and from the city’s health and social service centers. On September 23, The New Mexico Patriots Advocacy Coalition and Albuquerque resident Lisa Brenner filed a lawsuit alleging Mayor Keller’s executive order violates the New Mexico Constitution that prevents municipalities from regulating “an incident of the right to keep and bear arms”. The group acknowledges the right to keep and bear arms is not absolute right. The main argument of the lawsuit is that the New Mexico legislature has the exclusive authority to regulate guns.

https://www.abqjournal.com/1369995/new-suit-targets-kellers-gun-ban-at-community-centers.html

LOCATIONS WHERE NEW MEXICO STATUTES PROHIBITS THE CARRYING OF FIREARMS

The New Mexico legislature has enacted a number of statutes that prohibit the carrying of firearms in identified locations. Following is a listing of those statutes with the statute citations:

1.In an establishment licensed to dispense alcoholic beverages (N.M. Stat. Ann. § 30-7-3(A)) unless, among other exceptions:

The possessor has a valid concealed handgun license; and
The establishment: a) does not serve alcoholic beverages for consumption on the premises; or b) is a restaurant licensed to sell only beer and wine that derives not less than 60% of its annual gross receipts from the sale of food for consumption on the premises, unless the restaurant has posted conspicuous signs prohibiting gun possession or verbally instructs the possessor that the carrying of guns is prohibited ( N.M. Stat. Ann. § 30-7-3(A)(4). );

2. Within or upon any game refuge, unless the person is crossing the refuge over a public road or trail with the firearm unloaded, or the director of the refuge granted the possessor a permit ( N.M. Stat. Ann. § 17-2-12. );

3. In the confines of a county or municipal jail; (N.M. Stat. Ann. § 30-22-14(B).)

4. On the grounds of a designated adult correctional institution ( N.M. Stat. Ann. § 30-22-14(A). );

5. On the grounds of a designated child detention or correctional facility ( N.M. Stat. Ann. § 30-22-14.1(A), (B)(1). );

6. For any loaded firearm, whether concealed or unconcealed, within a state park, except during designated hunting seasons or in certain authorized areas. ( N.M. Code R. § 19.5.2.20(A). )

7. Concealed handgun license holders are subject to the generally applicable possession prohibitions. N.M. Stat. Ann. § 29-19-8(A) provides that nothing in the Concealed Handgun Carry Act, N.M. Stat. Ann. §§ 29-19-1 – 29-19-14, are construed as allowing a licensee to carry a concealed handgun into or on premises where to do so would be in violation of state or federal law.

8. A licensee may not carry a concealed handgun on private property where signs are posted prohibiting the carrying of concealed weapons, or when verbally told of the prohibition by a person lawfully in possession of the property. N.M. Code R. §§ 10.8.2.16(F); 10.8.2.27. )

10. A concealed handgun license also is not valid in a courthouse or court facility unless authorized by the presiding judge of a court (N.M. Stat. Ann. § 29-19-11.) or on tribal land unless authorized by the governing body of an Indian nation, tribe or pueblo. (N.M. Stat. Ann. § 29-19-10. ) Local court rules may prohibit firearms in courthouses or judicial complexes, with the Bernalillo County Second Judicial District Court and the Bernalillo County Metropolitan Court implementing such policies for court security.

New Mexico has NO statutes prohibiting firearms in the following places, although administrative regulations and orders may apply:

Hospitals;
Places of worship;
Sports arenas;
Gambling facilities; or
Polling places.

SOURCE: https://lawcenter.giffords.org/local-authority-to-regulate-firearms-in-new-mexico/

NEW MEXICO CONSTITUTION AND CASE LAW

Article II, Section 6 of the Constitution of New Mexico, entitled “Right to Bear Arms” states as follows:

“No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.”

Article II section 6 was amended by voters on November 2, 1971 and November 2, 1986.

Following is a summation of New Mexico case law, with case citations, interpreting Article II, Section 6:

In State v. Rivera, 853 P.2d 126 (N.M. Ct. App. 1993), the Court of Appeals of New Mexico held that regulations that are reasonably related to the public health, welfare and safety do not violate article II, § 6. The court found that New Mexico Statutes Annotated § 30-7-4, which criminalizes negligent use of a deadly weapon, was a reasonable use of the state’s police power and did not violate the state constitution. (Rivera, 853 P.2d at 129.)

Similarly, in State v. Dees, 669 P.2d 261, 264 (N.M. Ct. App. 1983), the court of appeals rejected an Article II, § 6 challenge to former section 30-7-3, prohibiting the carrying of a firearm into a licensed liquor establishment. The court found that section 30-7-3 is “not an infringement upon the right to bear arms.” (Dees, 669 P.2d at 264.)

Conversely, in City of Las Vegas v. Moberg, 485 P.2d 737 (N.M. Ct. App. 1971), the court of appeals held that a local ordinance banning the carrying of all firearms, concealed or unconcealed, violated article II, § 6. In Moberg, the court distinguished between laws that merely regulate the carrying of firearms and the laws that completely prohibit the carrying of firearms. The court stated that a law prohibiting the carrying of concealed firearms is a permissible regulation of Article II, § 6. The ordinance at issue, however, prohibited the carrying of all firearms and was therefore a violation of Article II, § 6.

See also United States v. Romero, in which the court stated, in dicta, that the right conferred under article II, § 6 is not absolute and is subject to reasonable regulation. (484 F.2d 1324, 1327 (10th Cir. 1973). )

In 2004, the Supreme Court of New Mexico interpreted the meaning of the last phrase of the first sentence of article II, § 6, which reads “nothing herein shall be held to permit the carrying of concealed weapons.” In State ex rel. New Mexico Voices for Children, Inc. v. Denko, the court upheld a statute allowing license holders to carry concealed handguns, N.M. Stat. Ann. §§ 29-19-1 – 29-19-13, 2004-NMSC-11, 135 N.M. 439, 90 P.3d 458, rejecting the argument that the phrase prohibits the carrying of concealed weapons.

In Denko, the court held:

“The [New Mexico] Constitution neither forbids nor grants the right to bear arms in a concealed manner. Article II, Section 6 is a statement of neutrality, leaving it to the Legislature to decide whether, and how, to permit and regulate the carrying of concealed weapons.”

SOURCE: https://lawcenter.giffords.org/state-right-to-bear-arms-in-new-mexico/

THE GOVERNOR AND THE NEW MEXICO LEGISLATURE HAVE BEEN ACTING ON GUN CONTROL

During the 2019 legislative session, laws mandating background checks on gun sales and a law prohibiting the possession of guns by convicted domestic abusers were passed and signed into law by Governor Michell Lujan Grisham.

On August 13, 2019 Governor Michelle Lujan Grisham convened a Domestic Terrorism Summit which by all accounts was successful. After the summit, major proposals were announced including:

1.Increase hate-crime penalties. The criminal penalty for those convicted of hate crimes would be increased. Currently, if a criminal defendant is proved to be motivated by the victim’s race, religion, age, gender or sexual orientation, the jail sentence can be enhanced by one year.

2. Expand the state’s mental health system. This has been a major priority of the governor given her longstanding positions on mental health over the years.

3. Create a new anti-terrorism law enforcement unit. This no doubt will be the responsibility of the Department of Homeland Security to implement and coordinate statewide law enforcement efforts.

4. Improve data-sharing about potential threats. The state Homeland Security and Emergency Management Department will start enrolling all 33 county sheriffs in a data-sharing program so individuals deemed a potential risk can be flagged and monitored.

5. Extending background checks on private gun sales to sellers of firearms.

COMMENTARY AND ANALYSIS

Albuquerque City Councilor’s Pat Davis and Isaac Benton are both running for another 4-year term on the Albuquerque City Council. With the proposed ordinances, Pat Davis, Isaac Benton and Diane Gibson show an ignorance of the law and an inflated understanding of their authority as Albuquerque City Councilors.

The proposed City Council ordinances they are sponsoring are nothing more than a reelection publicity stunt by Pat Davis and Isaac Benton 6 weeks before an election to get them on the front page of the Albuquerque Journal and the news stations, and Gibson went along with it. It worked, but will it work with the voting public come November 5, 2019 election?

https://www.abqjournal.com/1369995/new-suit-targets-kellers-gun-ban-at-community-centers.html

https://www.krqe.com/news/albuquerque-metro/albuquerque-city-councilors-file-three-new-gun-bills/

All three cited more than a dozen shootings that have occurred at government buildings and public meetings around the country in the past 22 years. Only now are they suggesting that the city do something and after Mayor Tim Keller issued an administrative executive order.

The New Mexico Patriots Advocacy Coalition filing a lawsuit over Mayor Keller’s Executive Order banning guns on city property alleging it violates the New Mexico Constitution that prevents municipalities from regulating “an incident of the right to keep and bear arms” is seriously misplaced. It is an action that should have been brought against the City Council. The Mayor’s Executive Order is not legislation enacted by the City Council, the city’s governing body. It is an “administrative order” or “management executive order” on the use of public buildings and facilities such as that implemented by the courts designed to protect the public. The Office of the Mayor has inherent authority to issue executive orders on the use of city own facilities.

All 3 of the proposed city ordinances likely violate the New Mexico Constitution prohibiting municipalities from enacting legislation regulating citizens “right to bear arms” under Article II, Section 6 of the Constitution of New Mexico. The proposed city ordinances clearly exceed the authority of the Albuquerque City Council which is zero under the New Mexico Constitution. It is as if the 3 City Councilors did not even bother to ask the City Attorney’s office to brief them on the state’s existing gun control laws, but no doubt they wanted the publicity.

City Councilor Pat Davis said no city in the state has challenged the constitutional provisions which is simply not the case. In City of Las Vegas v. Moberg, 485 P.2d 737 (N.M. Ct. App. 1971), the court of appeals held that a local ordinance banning the carrying of all firearms, concealed or unconcealed, violated Article II, § 6 of the New Mexico Constitution. What is an outright lie is when Davis says Santa Fe is not doing anything, which is not the case given the legislation enacted in the 2019 legislative session and the Governor’s gun control summit. Even more legislation is likely to be considered for the 2020 New Mexico Legislature.

Gibson complains that contentious meetings before the city council and government centers do not mix well with guns. That may be true, but what she forgets to mention is that APD has armed APD officers stationed at each city council meeting. APD security can be demanded at public meetings, and there is a security desk at the entrance of city hall. Further, the Office of the Mayor has full time APD security detail. There have been times in the past where city councilors have been threatened with violence and city hall has been locked down. Like it or not contentious meeting are part of the process.

When City Councilor Diane Gibson says “I’m not naive; I understand there are going to be people who will not support this and will see it as just another “firearm law …” what she really is doing is showing an absolute ignorance of her authority as a city councilor and the laws and rights under the US and New Mexico constitutions. The only time Gibson sounds intelligent on the law is when she keeps her mouth shut.

INCLUDE CONTROL LEGISLATION IN CITY’S 2020 LEGISLATIVE PACKAGE

Each year the city council enacts its “legislative package” resolution before the New Mexico Legislature requesting and identifying legislation and projects that the city wants the Governor to support and that the legislature should enact. It’s no secret that the legislature will be seeking to enact further gun control laws that the Governor will also want to support.

Councilors Davis, Benton and Gibson should abandon their efforts to have the City Council enact gun control legislation and simply add all 3 proposals to the 2020 city legislative package, but that would mean no publicity for them.

Legislation the City Council should consider being put in the City’s 2020 Legislative package should include:

1.Repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote. There is no doubt such action would generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby.

2. Ban in New Mexico the manufacture, sale and distribution to the general public of semi-automatic firearms, AR-15 style rifles, assault weapons, semi-automatic pistols, semi-automatic shotguns and weapons to the general public in New Mexico.

3. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

4. Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

6. Enact “red flag” legislation for a violence restraining order and allow for an “extreme risk protection process” to prohibit an individual deemed by a judge as posing a danger to themselves or others, from the purchasing or possessing firearms or ammunition and allow law local law enforcement to remove firearms and ammunition in the individual’s possession.

7. Expand restrictions on firearm possession by or transfer to a person subject to a domestic violence protection order or a person convicted of a domestic violence misdemeanor.

8. Allocate funding to the school systems and higher education institutions to “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

9. Enact a statute prohibiting firearms to be carried in City and County buildings, hospitals, places of worship, sports arenas, gambling facilities and polling places.

CONCLUSION

Now that Davis, Benton and Gibson have gotten their publicity, maybe the City Attorney will tell them the City will in all likely be wasting thousands to defend the legislation if enacted by the City Council in court. The City Attorney Office needs to use sufficient resources to defend the Mayor’s Executive Order banning firearms in municipal offices and facilities. With any real luck, voters will see that Pat Davis and Issac Benton are grand standing and will vote them both out of office come November 5. As for Diane Gibson, her district is stuck with her for two more years.