http://www.freeabq.com/2017/08/29/mayoral-forum-sicl-leave/

Talk about one big yawn of a Mayoral forum and a lost opportunity for anyone of the candidates for Mayor to really differentiate themselves from the 8 pack of candidates.

(See August 29, 2017 Albuquerque Journal, page A-1, “Mayoral candidates are split on sick leave measure; One opponent calls the proposed ordinance on the ballot a business killer.)

(https://www.abqjournal.com/1055002/candidates-split-on-sick-leave-measure.html)

Seven of the eight candidates for Mayor took part in the “Business, Real Estate, Construction ABQ Mayoral Candidate Forum” with about 500 business leaders in attendance at a sit down, table cloth luncheon at the Marriott Hotel.

KNOW YOUR AUDIENCE AND THEIR MOTIVES

Given the make-up of the audience, why the forum was billed and reported on the way it was and not as the National Association of Commerce and Industry (NAIOP) forum is a mystery.

The forum was also moderated by Albuquerque Journal Senior Editor Ken Waltz.

The Albuquerque Journal is owned by Albuquerque Publishing company that has major investments in the real estate development community and the Journal Center.

The forum audience was predominately business owners, real estate development and investment people and construction industry firms and architects with many who do business with city, bid on major city construction contracts and have contracts with the city.

Over the last eight years, NAIOP, the Albuquerque Chamber of Commerce, the Economic Forum and the business community in general have been big cheerleaders, almost without question or fault, for the current administration.

All these business organizations oppose all tax increases, oppose city government regulations, champion right to work laws, oppose any increases in the minimum wage and feel city government is an impediment to business and development.

What is not at all surprising is that candidates were asked at the forum and offered their views on tax increases, what could be done to improve public schools and the mandatory sick leave ordinance, all topics the candidates should have known what the audience wanted to hear without any surprises.

What is downright remarkable is that nothing was reported on the candidate’s positions on the three major and most critical issues facing Albuquerque and how the candidates would solve those problems: the police department, soaring crime rates and economic development to turn our economy around.

You would think just for once that the business community that the audience represented would be demanding answers, thoughts and ideas about how to turn our economy around, attract new businesses and industries to Albuquerque and to bring our unemployment rates down.

Instead the audience was more concerned about finding out if the candidates opposed tax increases that will affect their bottom line profit margins, or an education system that a Mayor has absolutely no authority or control over.

The audience was apparently more interested in having the candidates discuss the mandatory sick leave initiative that will be on the October 3, 2017 ballot for a public vote and if passed will affect their profit margins.

The only thing the candidates for Mayor can really say about the mandatory sick leave ordinance is if they will vote “yes” or “no” to enact it and nothing can happen until the public votes on the initiative.

Democrats Brian Colon, Tim Keller and Gus Pedrotty and Independent Susan Wheeler Deichel voiced support for the mandatory sick leave ordinance.

Republicans Dan Lewis and Wayne Johnson and Independent Michell Garcia Holmes oppose the mandatory sick leave ordinance.

The sick leave ordinance is in a real sense is an extension of increasing the minimum wage initiative passed by voters three years ago, it is a first step toward a living wage.

None of the candidates who support the mandatory sick leave initiative had the stomach to make any commitment to enforce it as mayor or if it is enacted by voters, no doubt knowing that would turn off the audience and the Albuquerque Journal.

Republican Wayne Johnson took the opportunity to make a snarky little remark about the mandatory sick leave ordinance when he said:

“It won’t make our workforce healthier, it will make them more unemployed” and many no doubt had a good laugh.

Republican Wayne Johnson is the County Commissioner who voted not to put the measure on the November, 2016 ballot as requested by the City Council and who attended the Court hearings to keep it off the ballot so he could be seen by the business coalition who filed suit to oppose the measure, no doubt in anticipation of seeking donations for his campaign for Mayor.

Mitchell Garcia Holmes when out of her way to say about the mandatory sick leave ordinance:

“This will actually be a devastating thing to our city … I want you to know I am 100% against this ordinance. It will be a business killer.”

So, what is Michell Garcia Holmes as Mayor going to do if voters enact the ordinance?

Is Mayor Michell Garcia Holmes going to sit back like Mayor Berry has done with the minimum wage ordinance and instruct the City Attorney not to enforce the mandatory sick leave ordinance?

LOST OPPORTUNITIES

None of the candidates challenged nor called out the business community to show far more leadership and to be far more committed to improving our economy, to bring down unemployment rates and poverty rates and help improve our education system.

None of the candidates for Mayor told the audience that the business community has become part of the problem and not the solution to turning our economy around with them having more concern about maintaining the status quo, protecting their profit margins and maintaining their membership levels.

None of the candidates for Mayor challenged the audience to be part of the solution and not the problem and did not ask for help to develop a strong economic development initiative with a partnership with the city and the business community.

http://www.freeabq.com/2017/08/28/who-will-nw-mayor-fire/

A new Mayor of Albuquerque will be sworn in on December 1, 2017.

Upon being sworn in, the new Mayor will have the authority to appoint over 30 Department Heads or Deputy Department Head positions who serve at the pleasure of the Mayor and can be terminated without cause anytime by the Mayor.

There are 223 full time “ungraded” positions at City Hall, who are in unclassified positions and “at-will” employees who can be terminated “without cause” and by the Mayor or the City Council.

“Ungraded employees” or exempt employees do not have the same vested rights classified employees have and have no appeal rights to the City Personnel Board for disciplinary action so when they are fired, they are in fact gone with no recourse.

It is not uncommon towards the end of any Mayor’s Administration for political appointees to begin to resign and go work somewhere else or try to get assigned to protected positions within city hall.

I suspect most of Berry’s political appointees are either updating their resumes and looking for employment elsewhere outside City Hall or trying to find classified positions at City Hall to be transferred into to keep working.

What is noteworthy is that the news media has not reported any early resignations of Berry’s top political appointees or Department Directors with only one being reported by the media as being assigned to a classified or protected position.

Those who are assigned to protected positions have a six-month probationary period and can be terminated without cause during their six-month probationary period.

It is very common for political appointees to work on the campaigns of other candidates running for Mayor and donate to candidates to curry favor to stay on and keep employed by the new elected administration.

Voters should not be at all surprised if top level political appointees for Mayor Berry are in fact working behind the scenes and donating to those currently running for Mayor and may even be meeting with the Mayoral candidates to curry favor and ask that they be kept employed in exchange for information and support at city hall.

Chief Administrative Officer Rob Perry has donated $1,000 to Republican Dan Lewis for Mayor campaign.

Joanie Griffin of Griffin Associates, who is handling the public relation campaign for Berry’s ART Bus project, has made a $1,000 in-kind donation to the Tim Keller for Mayor Campaign.

Retired and former APD Commander Sonny Leeper with Law Enforcement Training International has given a $1,060 in kind contribution to Republican Wayne Johnson for Mayor.

Confidential sources have said Mayor Berry’s Director of Constituent Services and former Democrat City Councilor Alan E. Armijo and Economic Department Director Gary L. Oppedahl have met with at least one candidate for Mayor.

Confidential sources have also said former Albuquerque Police Department (APD) command staff, retired sergeants, lieutenants and commanders have met with candidates for Mayor seeking appointment as Chief of Police or seeking to be brought back in some management capacity to APD.

APD needs a new generation of leadership and a national search needs to be conducted to identify and hire a totally new APD command staff not from within the ranks of existing or former APD staff to complete the Department of Justice reforms.

Voters need to ask the candidates for Mayor who they intend to keep as Department Directors or if they will be asking for resignations.

Voters need to ask candidates for Mayor if they have promised appointed positions to anyone and who they are likely to appoint to positions such as Chief Administrate Officer, Chief Operations Officer, Chief of Police, Chief of the Fire Department, City Attorney, City Clerk, Cultural Services Director, Transit Director, Economic Development Director, Director of 311 and to head any one of the various other departments.

All the candidates for Mayor would be wise not to make any firm commitments or promises to anyone for jobs or to be appointed as Department Heads to give themselves complete latitude in finding the best qualified people for positions free of political pressure.

Following are thirty (30) “ungraded” or “unclassified” City Hall employees and Department Heads:

Chief Administrative Officer Rob Perry, paid $92.29 an hour or $191,963.20 a year.

APD Chief Gordon Eden, paid $81.00 an hour or $168,480 a year.

BIOPARK Chief Executive Officer James Allen, paid $77.48 an hour or $161,158.40 a year.

Director of Behavioral Sciences Nils Rosenbaum, paid $76.50 an hour or $159,120 a year.

Chief Operations Officer Michael Riordan, paid $73.53 an hour or $152,942.40 a year.

City Attorney Jessica M. Hernandez, paid $72.99 an hour or $151,819.20 a year.

Fire Chief David W. Downey, paid $64.09 an hour or $134,992 a year. (Announced departure and will be gone September 25, 2017 to work for the Hillsboro Fire Department in Oregon.)

Mayor’s Chief of Staff Gilbert A. Montano, paid $61.27 an hour or $127,441 a year.

Director of Solid Waste Department John W. Soladay, $55.99 an hour or $116,459.20 a year.

Assistant APD Chief Robert Huntsman, paid $57.43 an hour or $119,454.40 a year. (Has left the City already.)

APD Executive Director William R. Slausen, paid $53.82 an hour or $111,945.60 a year.

Environmental Health Director Mary L. Leonard, paid $53.46 an hour or $111,196,80 a year.

Parks and Recreation Director Barbara Taylor, paid $53.46 an hour or $111,196,80 a year.

Senior Affairs Director Jorja Armijo -Brasher, paid $52.41 an hour or $109,012.80 year.

Animal Welfare Director Paul R. Caster, paid $53.46 an hour or $111,196.80 a year.

Cultural Services Director Dana N. Feldman, paid $53.46 an hour or $111,196.80 a year.

Planning Department Director Suzanne G. Lubar, paid $53.46 an hour or $111,196.80 a year.

Human Resources Director Mary L. Scott, paid $53.46 an hour or $111,196.80 a year.

Mark T. Leach, Manager of Technology Services, paid $53.04 an hour or $110,323.20 a year.

Family Community Services Director Douglas Chaplin, paid $52.41 an hour or $109,012.80 a year.

Transit Director Bruce A. Rizzieri, paid $52.41 an hour or $109,012.80 a year.

Economic Department Director Gary L. Oppedahl, paid $51.27 an hour or $106,641.60 a year.

Police Emergency Communications Manager Erika L. Wilson, paid $50.38 and hour or $104,790.40 a year.

Aviation Director (Airport) James D. Hinde, paid $48.46 an hour or $100,796 a year.

City Clerk Natalie Y. Howard, paid $48.46 an hour or $100,796 a year.

Finance and Administrative Services Director Lou Hoffman, paid $48.46 an hour or $100,796 a year.

311 Citizens Contact Center Division Manager Maria C. Prothero, paid $43.71 an hour or $90.916.80 a year.

Mayor’s Director of Constituent Services Alan E. Armijo, paid $39.71 an hour or $82,596 a year.

Director of Office of Emergency Management Roger L. Ebner, paid $39.50 an hour or $82,160 a year.

Real Time Crime Center Manager TJ Wilham, paid $39.50 an hour or $82,160 a year.

APD Major and Academy Director Jessica Tyler, paid $51.26 an hour or $106,620 a year.

(NOTE: Major APD Tyler is not listed as an ungraded employee but is “at will” as an APD Major.)

CLOSING COMMENT

I have not endorsed anyone running for Mayor.

Further, I have not asked for and have not been promised any position to return to City Hall.

I am fully retired, enjoying life, very happy and having fun doing my political blog.

All my blog articles are sent by email to every candidate for Mayor and City Council.

To all the people who may be leaving City Hall after December 1, 2017, I wish them well.

I also want to tell them there is indeed life after city hall.

http://krqe.com/2017/08/24/mayors-former-appointee-snags-protected-city-job/

It is being reported by Channel 13 that the Assistant Transit Director position being held by Dayna G. Crawford, is being reclassified from an “ungraded”, or unclassified potion, to a classified position, a little more than three (3) months before the new Mayor is sworn in.

The position pays $45.11 an hour or $93,828 a year.

Crawford initially served as Republican Mayor Berry’s communications director and worked directly out of the Mayor’s office.

Three years ago, Crawford switched roles and became ABQ Ride’s deputy director and was later tasked with heading the team for the Albuquerque Rapid Transit (ART) bus project.

The position of Assistant Transit Direct that Crawford took was an ungraded or unprotected position, meaning the new mayor could do away with Crawford in that role and appoint someone else to the job.

The City claims the position was opened through a competitive process and Ms. Crawford was selected as the most qualified applicant.

All too often political operatives take high paying political jobs with an elected administration knowing full well they are at-will employees assuming the risk of termination in exchange for a lucrative salary.

When their time finally runs out they seek the protections of personnel rules and regulations that are more designed to protect long term employees who make significantly less.

It’s the sense of entitlement that is so very disturbing.

I recall vividly eight years ago during the transition period, Mayor-elect Berry sent a political operative to walk around the Mayor’s office to get the correct spelling off name plates for those who worked for Mayor Martin Chavez.

Berry then had his designated new Chief Administrative Officer send out letters to those employees telling them their services to the City would no longer be needed after Berry took office.

Berry then filled the positions with his own political loyalists.

I did not care when I got my termination letter, I knew the risks and retired.

I was an ungraded or unclassified employee for both the State and City for over 28 years and retired in 2009 during the transition from government service, an option many of those who were terminated did not have.

I found out that I would no longer be employed when Berry held a press conference and announced Darren White as my replacement.

According to the City of Albuquerque web site, there are approximately 5,800 City of Albuquerque employees.

Roughly 5,200 are considered “classified employees” who are covered by the city’s personnel rules and regulations, who have vested rights including retirement benefits, sick leave and annual leave benefits and who can only be terminated for cause.

Disciplinary actions such as suspensions, demotions and termination can be appealed by classified employees to the City Personnel Board.

There are 223 full time “ungraded” positions at City Hall, who are in unclassified positions and “at-will” employees who can be terminated “without cause” and who work at the pleasure of the Mayor or the City Council. (See City of Albuquerque Pay Rate Report, Ungraded Employees on City web site.)

“Ungraded employees” or exempt employees do not have the same vested rights classified employees have and have no appeal rights to the City Personnel Board for disciplinary action so when they are fired, they are in fact gone with little or no recourse.

When you become an “ungraded” employee or unclassified employee, the reward is a much higher salary.

The risk to taking an “ungraded” or “unclassified” position is having no real job security.

The risk that is run when an employee goes from an unclassified position to a classified position is they must complete a six (6) month probationary period and during that time can be terminated without cause or for any reason.

Following is Section 305 of the city’s Personnel Rules and Regulations:

“As a condition of employment, classified employees must serve a probationary period. An employee serving a probationary period does not have a legitimate entitlement to continued employment and may be terminated for any or no reason.
…
The probationary period shall be for a period of six (6) months immediately following the original classified appointment date.
…
At any time during the probationary period an employee may be dismissed for any reason, which is not prohibited by law.”

Notwithstanding, taking an unclassified position comes the great professional satisfaction in the work you can do and far more job opportunities in government.

Virtually all City Hall Department Directors are “ungraded employees” and serve at the pleasure of the Mayor and can be terminated without cause.

Mayor Berry leaves office December 1m 2017 , and it’s a sure bet many of the “ungraded” or “unclassified” employees who are staunch Berry loyalists will now try to transfer to positions within city hall to classified positions.

City hall salaries are paid on an hourly rate with 2080 working hours in a year.

The next Mayor will be paid $125,000 a year with the increase approved by a city task force established by a voter approved charter amendment created to set elected officials salaries.

City Councilors are currently paid $8.41 an hour or $17, 492.80 a year.

Following are thirty (30) “ungraded” or “unclassified” City Hall employees I suspect are either updating their resumes and looking for employment elsewhere outside City Hall or are trying to find classified positions at City Hall to be transferred into:

Chief Administrative Officer Rob Perry, paid $92.29 an hour or $191,963.20 a year.
APD Chief Gordon Eden, paid $81.00 an hour or $168,480 a year.
BIOPARK Chief Executive Officer James Allen, paid $77.48 an hour or $161,158.40 a year.
Director of Behavioral Sciences Nils Rosenbaum, paid $76.50 an hour or $159,120 a year.
Chief Operations Officer Michael Riordan, paid $73.53 an hour or $152,942.40 a year.
City Attorney Jessica M. Hernandez, paid $72.99 an hour or $151,819.20 a year.
Fire Chief David W. Downey, paid $64.09 an hour or $134,992 a year. (Announced departure will be gone Sept. 25 to work for the Hillsboro Fire Department in Oregon.)
Mayor’s Chief of Staff Gilbert A. Montano, paid $61.27 an hour or $127,441 a year.
Director of Solid Waste Department John W. Soladay, $55.99 an hour or $116,459.20 a year.
Assistant APD Chief Robert Huntsman, paid $57.43 an hour or $119,454.40 a year. (Has left the City already.)
APD Executive Director William R. Slausen, paid $53.82 an hour or $111,945.60 a year.
Environmental Health Director Mary L. Leonard, paid $53.46 an hour or $111,196,80 a year.
Parks and Recreation Director Barbara Taylor, paid $53.46 an hour or $111,196,80 a year.
Senior Affairs Director Jorja Armijo -Brasher, paid $52.41 an hour or $109,012.80 year.
Animal Welfare Director Paul R. Caster, paid $53.46 an hour or $111,196.80 a year.
Cultural Services Director Dana N. Feldman, paid $53.46 an hour or $111,196.80 a year.
Planning Department Director Suzanne G. Lubar, paid $53.46 an hour or $111,196.80 a year.
Human Resources Director Mary L. Scott, paid $53.46 an hour or $111,196.80 a year.
Mark T. Leach, Manager of Technology Services, paid $53.04 an hour or $110,323.20 a year.
Family Community Services Director Douglas Chaplin, paid $52.41 an hour or $109,012.80 a year.
Transit Director Bruce A. Rizzieri, paid $52.41 an hour or $109,012.80 a year.
Economic Department Director Gary L. Oppedahl, paid $51.27 an hour or $106,641.60 a year.
Police Emergency Communications Manager Erika L. Wilson, paid $50.38 and hour or $104,790.40 a year.
Aviation Director (Airport) James D. Hinde, paid $48.46 an hour or $100,796 a year.
City Clerk Natalie Y. Howard, paid $48.46 an hour or $100,796 a year.
Finance and Administrative Services Director Lou Hoffman, paid $48.46 an hour or $100,796 a year.
311 Citizens Contact Center Division Manager Maria C. Prothero, paid $43.71 an hour or $90.916.80 a year.
Mayor’s Director of Constituent Services Alan E. Armijo, paid $39.71 an hour or $82,596 a year.
Director of Office of Emergency Management Roger L. Ebner, paid $39.50 an hour or $82,160 a year.
Real Time Crime Center Manager TJ Wilham, paid $39.50 an hour or $82,160 a year.
APD Major and Academy Director Jessica Tyler, paid $51.26 an hour or $106,620 a year.
(NOTE: Major APD Tyler is not listed as an ungraded employee but is “at will” as an APD Major.)

The foregoing figures are base hourly pay only.

The final figures for wages paid would include wages, both regular and overtime, as well as longevity, shift differential, incentive pays, and other “special pays” for the employees.

The average salaries paid Department Directors under the previous administration were around $91,000 a year, so Berry has paid 25% to 45% percent more to his unclassified Department Directors, at will employees, while rank and file classified employee’s were given 1% to 3% raises over the last eight (8) years.

When first elected, Berry unilaterally decided not to pay union negotiated pay raises such as police and fire raises declaring a budget shortfall and the Republican controlled city council refused to increase taxes while Berry cut essential services.

Three years into his first term, Berry ordered pay reductions, but did allow for a 1% pay raise to city workers making under $30,000, all the while his Department Directors were paid their hefty salaries.

My only hope is that when the new Mayor is elected, that person’s transition team shows a little more class than Berry did and some respect in terminating people.

My best wishes to any of those leaving the Berry Administration in three (3) months and I wish them well on their future endeavors outside of City Hall, unless they somehow find a way to get their position changed to classified positions to continue to work for the City.

http://www.freeabq.com/2017/08/22/wayne-johnson-crime-plan/

Republican Bernalillo County Commissioner Wayne Johnson running for Mayor is now offering his crime plan platform.

The highlights of Wayne Johnson’s crime plan include:

1. Hiring more police officers to work with other law enforcement agencies to identify the worst repeat criminal offenders and get them off the streets.
2. Renegotiate the three-year-old the Court Approved Settlement Agreement (CASA) with the Department of Justice
3. Create a healthy work environment at APD by empowering officers.
Johnson proclaims: “Command staff will be responsible for setting mission parameters, but they will also need to step out of the way and allow those officers in the field to utilize their judgment and creativity to fulfill those mission parameters” and “Command micromanagement leads to paralysis in a paramilitary organization as it creates a culture of distrust and suspicion.”
4. Fixing a “broken” criminal justice system. According to Wayne Johnson:
“The 2nd Judicial District is broken. It has been broken for a long time. … We must fix the broken pre-trial services program that is currently being misused by a criminal court system that places pre-trial release above public safety.”
5. Creating a better behavioral health system. Johnson said he would work with the county to create a network of behavioral health providers that share data with law enforcement agencies and the courts.

What is glaringly absent from Johnson’s anti-crime plan is any mention of Chief Gordon Eden by name nor commitment when he will replace Eden and no mention if he will replace the entire command staff and if a national search will be done to bring in someone from the outside to take over APD.

IGNORANCE OF THE COURT SHOWN

Wayne Johnson shows his complete ignorance of our judicial system, especially when he says he wants to “renegotiate” the Court Approved Settlement Agreement (CASA).

To quote Republican Wayne Johnson:

“The Court-Approved Settlement Agreement is overly broad and burdensome. It covers everything from recruitment to public engagement, to use of force and is largely subjective. … The path forward requires a renegotiation of the settlement agreement with the intent of narrowing the focus to the DOJ findings of excessive force and most importantly creating clear, objective performance measures.”

The Court Approved Settlement Agreement must be broad because so much of the Albuquerque Police Department (APD) must be reformed in order to achieve constitutional policing and eliminate the “culture of aggression” found within APD.

Johnson apparently does not know that the primary focus of the settlement negotiations with the Department of Justice (DOJ) was the excessive use of force and deadly force policy and creating clear, objective performance measures that would be audited and reviewed by the Federal Court appointed monitor.

Johnson also claims that APD’s use-of-force policy mandated by the settlement is “unworkable, a drain on officer resources, and potentially dangerous to officers, suspects and the public”.

Johnson proclaims:

“We must rewrite the use-of-force policy so that it takes into account real world conditions. For example, simply handcuffing a resisting suspect should not be considered a use of force.”

Johnson’s claim that the use of force policy is “unworkable” is bogus.

“Use of force” by any standard is strictly subjective and it is a decision left to a police officer in the field to decide what force needs to be used to make an arrest.

The “use of force” policy is a real-world solution, but it is not being fully implemented by APD.

The Federal Monitor in all five (5) of his progress reports have made it clear that the APD command staff has resisted implementation of the mandated reforms including investigation of the use of force cases by supervisors.

No one knows if the use of force policy in “unworkable” because APD management has been found by the federal monitor not to investigate properly use of force incidents.

The Federal Monitor stated in his August 11, 2017 report:

“Eventually, the monitor will no longer be engaged to provide an oversight function for APD. … That role will need to be provided by supervisory, command and executive personnel. At the current time, such oversight is sorely absent” and “well below what is expected at this point in the process.”

There is nothing that can be renegotiated at this point unless all the parties agree.

It is highly doubtful the Federal Court or the Federal Court Appointed Monitor would go along with renegotiating the CASA.

The Court Approved Settlement Agreement is just that: a settlement negotiated in good faith, by all the parties, including the City of Albuquerque, the Albuquerque Police Department with union input and the United State Attorney General’s Office and the Department of Justice.

The stipulated settlement took close to a year to negotiate at cost of $1 million in taxpayer dollars to negotiate and then another $4 million for the federal court appointed monitor.

The City and APD are now almost three (3) years into the enforcement of the CASA.

ATTACKING THE JUDGES

The Johnson crime plan says we need to fix a “broken” criminal justice system and says:

“The 2nd Judicial District is broken. It has been broken for a long time. We must fix the broken pre-trial services program that is currently being misused by a criminal court system that places pre-trial release above public safety.”

Wayne Johnson needs to be reminded he is running for Mayor, not District Court Judge.

If Johnson wants to be a judge, he needs to go to law school, become a lawyer and then run for office and be elected as a judge.

A Mayor has no authority nor control over the court system and no Mayor can make changes to the Court’s pre-trial services.

Wayne Johnson, like Mayor Berry, Chief Eden and City Councilor and would be Mayor Dan Lewis, blames our criminal court system and judges for all our rising crime rates.

Attacking our Criminal Court system and judge’s sentences in criminal cases is a familiar tactic of right wing politicians who are running for office and who want to “gin up” public animosity towards judges and garner favor with the voting public.

With his criticism of the Court’s, Johnson degrades our constitutional rights of presumption of innocence and due process of law.

In my view, Republican County Commissioner Wayne Johnson disqualified himself from being elected Mayor of Albuquerque when he said, “I think [the DOJ settlement] was a mistake”.

ENFORCE THE CONSENT DECREE

Johnson has said that trying to run a law enforcement department with a 106-page consent decree, a court monitor and a federal judge watching was a mistake and makes it nearly impossible for APD to respond to public safety concerns.

What is no mistake is that the Department of Justice (DOJ) just a little over three (3) years ago found a pattern of excessive use of force and deadly force by the Albuquerque Police Department (APD).

The DOJ also found a “culture of aggression” within APD and a clear pattern of civil rights violations, especially when dealing with the mentally ill.

The DOJ consent decree mandates reforms, policy changes and training, especially crisis intervention, involving the mentally ill, that must be completed by APD.

During the last seven years, there have been 43 police officer involved shootings resulting in 38 deaths and over $51 million dollars paid in police misconduct cases for use of force and excessive force.

Just last year, two police officers were charged and tried with the murder of homeless camper James Boyd, and although the officers were not convicted, the city settled the lawsuit for $5 million taxpayer dollars for police misconduct.

In March of this year the City of Albuquerque agreed to pay $8.5 million to settle a lawsuit filed on behalf of 21-year-old Ashley Browder who was killed in a 2013 crash caused by off-duty Police Sgt. Adam Casaus.

The July 1, 2016 third progress report of Albuquerque Police Department (APD) Federal Monitor James Ginger makes it clear just how poorly managed APD really is when the monitor reported as follows:

“Across the board … the components in APD’s system for overseeing and holding officers accountable for the use of force, for the most part, has failed … the serious deficiencies revealed point to a deeply-rooted systemic problem. … The deficiencies, in part, indicate a culture [of] low accountability is at work within APD, particularly in chain-of-command reviews. … [F]ostering the constitutional use of force is the primary goal of this entire effort [of police reform]”.

“NO SANCTUARY CITY” PART OF JOHNSON’S FLAWED ANTI-CRIME CRIME PLAN

It did not take long for Republican County Commissioner Wayne Johnson to weigh in and oppose “sanctuary city” status for Albuquerque to get elected Mayor.

On his FACEBOOK page for Mayor, Johnson proclaims as follows:

“As your next mayor, I will fight to make this city a city free of crime like I have in the county. That will start with it being a NO SANCTUARY for all of those taking advantage of this great city.”

In yet another FACEBOOK post, pictured standing next to Bernalillo County Sheriff Officers, Wayne Johnson boldly proclaims:

“Enough is enough, no more sanctuary for illegal immigrants! Help me make ABQ safe!”

Wayne Johnson is saying if he is elected Mayor opposes Albuquerque being sanctuary city.

The “alternative fact” Wayne Johnson proclaims is Albuquerque is a sanctuary city when the truth is Albuquerque has never been a sanctuary city.

A “sanctuary city” denies cooperation with federal immigration officials and does not use city law enforcement resources to identify or apprehend illegal immigrants and does not use city law enforcement resources to enforce immigration laws.

An “immigrant friendly” city is one that implements “welcoming city” policies and does not provide for city enforcement of federal immigration laws and addresses city services including licensing and housing and the focus is to create inclusive, immigrant friendly and welcoming policies.

Opposing “sanctuary city” is a sure-fire way to “gin up” the conservative Republican base.

Republican Wayne Johnson has torn a page out of Mayor Berry and Donald Trump’s play books to try and get himself elected Mayor.

Berry used the issue of “sanctuary city” in 2009 to get elected the first time with his supporters driving a vehicle around the city with a billboard mounted on it condemning then Mayor Martin Chavez for making Albuquerque a “sanctuary city” for immigrants.

In 2001 the Albuquerque City Council enacted a resolution that declared Albuquerque an “immigrant friendly” city.

Albuquerque’s “immigrant friendly” designation welcomes immigrants to the city and is largely symbolic.

In February 2017, the City Council enacted a symbolic memorial that reaffirmed that Albuquerque’s “immigrant friendly” status not as a “sanctuary city”.

It has been mostly right-wing Republicans that have ramped up the rhetoric on immigration.

Wayne Johnson supports implementation of a policy to allow US Immigration and Customs agents (ICE) into the Bernalillo County Detention Center to screen virtually all people arrested, regardless of their guilt or innocence and due process rights, to determine their immigration status.

Once ICE determines a person is not in this country legally, it will take that person into custody and institute deportation action.

City and County law enforcement resources should not be used to enforce federal immigration laws.

As evidence of his attempt to vilify the city’s immigrant community during his attempt to become our next Mayor, Wayne Johnson introduced legislation as a County Commissioner to repeal the county’s immigrant friendly policy.

The County Commission, including one Republican, saw right through Wayne Johnson’s election pandering and his resolution was voted down on a 1 to 4 vote by the County Commission.

President Donald Trump no doubt would be proud of Wayne Johnson’s tactics relating to “sanctuary cities”.

Next thing you know Wayne Johnson will advocate building a wall around the City to keep people out.

CONCLUSION

Notwithstanding what has happened the last eight years with APD, what you get from Wayne Johnson is “I think we all agree [that APD] is understaffed and under siege” and not the truth that APD is poorly managed.

The next Mayor of Albuquerque must be 100% committed to implementing all the DOJ reforms and committed to turn APD round with new leadership and a return to community based policing.

If Wayne Johnson cannot accept the authority of the federal court and the federal monitor over APD and the terms of the consent decree, nor be committed to a complete overhaul of APD management, he has no business being Mayor of Albuquerque.

http://www.freeabq.com/2017/08/21/dan-lewis-crime-plan/

Republican Albuquerque Councilor Dan Lewis who is running for Mayor has announced his crime plan.

Boldly and courageously claiming “war on crime” Dan Lewis says:

“We have to stop the insanity. War is being waged against us and we are not winning. We have to declare war on the danger and violence that is trying to take over our city. We will make Albuquerque the worst place to be a criminal.”

It should sound familiar because eight years ago, when he ran the first time, Mayor Berry said “we will make Albuquerque the worst place to be a criminal” and four years ago when he ran for reelection he falsely claimed our crime rates were declining.

“Dan the Man” Lewis crime plan highlights include:

1. Appointing a new Chief of Police after a national search
2. Increase the number of APD officers from the current 850 to 1,200
3. Recruit police officers from other cities
4. Reshuffle of the Albuquerque Police Department’s structure so that 60 percent of all officers will be taking calls for service.
5. Offer $15 million in raises for police officers
6. Beefing up APD’s detective units.
7. Combine the city’s APD and Fire emergency dispatch center with the Bernalillo County sheriff and fire departments.
8. Make APD quickly comply with the U.S. Department of Justice’s reforms
9. Hold judges accountable for letting criminals back onto the streets

What is so damn laughable and absurd is that Dan Lewis has been on the Albuquerque City Council for the last eight (8) years and has done nothing but watch the deterioration of one of the finest police departments in the country to one of the worst in the country that is now under a Department of Justice (DOJ) consent decree.

For the last eight (8) years, Lewis has sat idly by as a city councilor while our violent crime rates and property crime rates have sky rocketed, now he wants to save us all.

APD BEFORE AND AFTER DAN LEWIS

Eight (8) years ago when Dan Lewis took office, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded department in its history and it was fully staffed with 1,100 sworn police officers.

In 2009, soon after being sworn in as an Albuquerque City Councilor, Dan Lewis voted to confirm Darren White as Chief Public Safety Officer.

White wound up resigning under pressure after 16 months in office when he showed up to a traffic accident investigation involving his wife and was accused of interfering with the investigation and City Councilor Lewis remained silent during the controversy.

The Lewis Crime Plan proposal of consolidation of city and county law enforcement is taken out of the political playbook of former Bernalillo County Sheriff Darren White who proposed it as a way to take over APD by the Bernalillo County Sheriff’s Office.

In 2009 when Dan Lewis took office as a City Counselor, APD response times had been brought down below the national average and violent and property crime rates in Albuquerque were hitting historical lows.

Today in 2017, response times are at historical highs with calls to APD taking hours instead of minutes to respond threatening public safety.

In eight (8) years under the watchful eye of the Albuquerque City Council and City Councilor Dan Lewis, APD went from 1,100 sworn police to 853 sworn police officers.

From 2010 to 2014, City councilor Dan Lewis voted to fully fund 1,100 sworn police positions despite the mass exodus of sworn police and the APD Police Academy’s failure to recruit and keep up with retirements.

Three years ago, the City Councilor Dan Lewis voted to reduce funding from 1,100 sworn officers to 1,000 sworn officers because of the Berry Administration’s failure to recruit and keep up with retirements.

CRIME RATES UNDER DAN LEWIS

Albuquerque Police Department (APD) statistics reveal the total number of violent crimes in Albuquerque increased steadily and went from 4,291 in 2010 to 5,409 in 2015.

According to the Bernalillo County District Attorney’s Office, from 2009 to 2015, Albuquerque’s violent crime rates increased by 21.5%.

The Federal Bureau of Investigation (FBI) reports that in the last eight (8) years, Albuquerque has become the is fifth-most violent city in the country on a per capita basis while the nation’s violent crime rate dropped by 13.7%.

During the last eight (8) years, Albuquerque has become number one in the nation for auto thefts.

In 2016 more than 10,000 vehicles were stolen in Albuquerque and Bernalillo County or more than 27 vehicles a day.

According APD statistics, the total number of property crimes in Albuquerque has steadily increased each year during the last six (6) years going from 26,493 crimes in 2010 to 34,082 in 2015.

During the last eight (8) years Dan Lewis never declared “war on crime” as a City Councilor nor as President of the City Council even when violent and property crime rates in Albuquerque were soaring to historical highs and went along the ride with Mayor Berry.

DAN LEWIS RECORD OF FAILURE OF APD OVERSIGHT

The Albuquerque City Council plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget.

Dan Lewis has served eight (8) years as an Albuquerque City Counselor including being President of the City Council.

During his eight (8) years as a City Councilor, Dan Lewis has done next to nothing when it comes to APD, its staffing and the Department of Justice (DOJ) consent decree reforms.

Lewis proclaims in a FACEBOOK video when it comes to APD and the consent decree mandated reforms:

“We are going to lead the reform effort with APD from the front with a new Chief and new police leadership and not being dragged along by the courts and the DOJ”.

Dan Lewis has not attend any of the federal court hearings on the consent decree but he wants to lead the reform effort.

Dan Lewis likes to point out with pride he voted to have the Department of Justice (DOJ) come in to investigate APD.

Lewis believes somehow one vote absolves him from being held responsible for failed city council oversight of APD and for what has happened to APD during the last seven years. It does not.

During one briefing by Federal Monitor James Ginger, Lewis asked the Federal Monitor who is ultimately responsible for APD and when the Monitor said the City Council, the City Council Committee Lewis was chairing all had a good “uncomfortable” laugh and Lewis rephrased his question apparently not liking the truth he got from Dr. Ginger.

Three years ago, Chief Gordon Eden and his Assistant Chief took over APD at the time the DOJ consent decree was negotiated.

Eden’s Assistant Chief was the SWAT commander during the time period the DOJ found a pattern of excessive use of force and deadly force by SWAT and found a “culture of aggression” and once again Lewis did not say anything and did not object.

During the last three years, Dan Lewis has voiced no substantive complaints about Chief Eden not even when Chief Eden proclaimed the killing of homeless camper James Boyd by APD was “justified” and he has never called for his removal until now that he is running for Mayor.

Each time Federal Monitor James Ginger has issued a scathing report of the lack of progress by APD, Dan Lewis has said nothing, has done nothing and has not demanded the removal of the APD command staff.

The Lewis solution of replacing the APD command staff and having 1,200 police officers is being done now only because he is running for Mayor.

LEWIS PROMOTES IGNORANCE OF OUR CRIMINAL JUSTICE SYSTEM

Dan Lewis talks and acts like he is running for District Attorney and not Mayor of Albuquerque.

Going after and complaining about elected judges for their rulings is a red flag of ignorance of our criminal justice system.

The most disturbing part of the Lewis Crime Plan is his apparent ignorance of our criminal justice system, our constitutional rights of due process of law and the presumption of innocence.

In his crime plan, Lewis says he will hold judges accountable for letting criminals back onto the streets.

A Lewis for Mayor FACEBOOK campaign video shows contempt for judges when he says:

“We’re gonna hold judges in this city accountable. Judges that misinterpret our laws and they put repeat offenders and habitual offenders back on the street often times before the officer that arrested them is off their shift”.
“We will hold judges accountable in this city, put their faces on billboards and their names and faces on a website that will reveal and show the records they have.”
“We will fill up that MDC, that Metro detention center. Right now, there is 800 empty beds at that detention center and there is people that should be in that detention center that are out in our streets … we are going to keep them in jail … We will make Albuquerque number one for the worst place to be a criminal in this country.”

A Mayor has no control over any part of our judicial system, including the Metro court, and the courts are a state function.

Attacking our Judicial system and judge’s rulings is a familiar tactic of President Donald Trump and is a lesson learned by Dan Lewis to “gin up” his conservative base in Albuquerque.

All judge’s take an oath of office to preserve, defend and protect our constitution.

Judges are strictly prohibited by the Supreme Court Rules and the Code of Judicial Conduct from commenting on pending cases and voicing opinions that call into question their fairness and impartiality, especially in criminal cases.

Judges are prohibited from defending their decisions and sentencing in a public forum outside of their courtroom so criticizing judges is like “shooting fish” in a barrel.

What Lewis is saying with his crime plan is we need to keep people in jail and forget and ignore our constitutional rights of presumption of innocence and due process of law.

It is so easy to ignore our U. S. Constitution when you are pandering and running for Mayor and essentially say “catch them and lock them up and throw away the key”.

All Lewis is saying in his crime plan is to replace the command staff, hire more cops and that somehow is going to solve the “culture of aggression” found by the DOJ and reduce crime rates.

Lewis crime plan proposes no solutions to the root causes of crime among them being poverty, our poor educational system, drug abuse and addiction, high unemployment rates and a failing economy.

CONCLUSION

Republican Dan Lewis has been nothing more than a clone of Mayor Berry and a cheerleader for his policies on the City Council especially when it comes to the Albuquerque Police Department.

Dan Lewis has been part of the problem of failed leadership on the City Council when it comes to APD oversight and giving Berry a pass for eight years.

If you want more of the same for Albuquerque, vote for Dan Lewis for Mayor.

Federal Monitor James Ginger has filed his most recent “outcome assessment report” required under the court approved settlement agreement (CASA).

(See August 19, 2017 Albuquerque Journal, page A-1, “Latest DOJ monitor report faults APD brass; Finds department well below what is expected at this point in the project”)
https://www.abqjournal.com/1050359/latest-doj-monitor-report-faults-apd-brass.html

The report is on the Albuquerque Police Departments (APD) efforts to achieve the goals mandated by the Federal Court Approved Settlement Agreement and APD reforms,

For the sixth time and in no uncertain terms, the Federal Monitor faults the Albuquerque Police Department (APD) command staff.

The Federal Monitor states “Eventually, the monitor will no longer be engaged to provide an oversight function for APD. … That role will need to be provided by supervisory, command and executive personnel. At the current time, such oversight is sorely absent” and “well below what is expected at this point” in the process.”

The Federal Monitor’s previous reports have been highly critical of APD’s command staff and supervisors for their review of use-of-force incidents and the current report is no different.

The report states “In short we are not yet convinced that APD screens, evaluates and classifies use of force incidents in a manner consistent with the CASA (Court Approved Settlement Agreement)”.

The report is critical of some of the data APD submitted to the monitoring team.

Examples identified in the report are that 2014 use-of-force data that APD submitted this year did not include the fatal shootings of Ralph Chavez, Armand Martin, Mary Hawkes, Alfred Redwine.

What was particularly egregious was not including in the data the fatal shooting of homeless camper James Boyd, which resulted in two APD officers being tried on murder charges and a $5 million-dollar civil settlement, was not included in the 2014 fatal shooting statistics.

APD reported that no shootings occurred in January 2015, but that was the month that former APD Lt. Greg Branchlet shot and nearly killed APD Detective Jacob Grant in a botched undercover drug sting where one cop mistook the other as a drug dealer.

The report states that “one of the most critical and significant errors in APD’s recent history [of data reporting] went un-reported in the very data-base that should be designed … to easily and quickly note without fail such events”.

One positive finding in the report is that “It appears that APD oversight was much improved in 2016” and recognizing APD’s tactical units of SWAT, the bomb squad and canine teams for their practices.

It was the SWAT team that was involved with so many officers involved shootings when the Department of Justice found a “culture of aggression” within APD.

The critical finding in the report should not come as any surprise to anyone and was expected.

NO COMMITMENT TO DOJ REFORMS BY MAYOR NOR COMMAND STAFF

It should not come as a surprise to anyone, and was expected, that Federal Monitor James Ginger for the fifth time in no uncertain terms has found fault with the APD command staff.

The Berry Administration, Chief Eden and his command staff have never been committed for the past three (3) years to the DOJ mandated reforms.

Proof of failure to implement the DOJ reforms is contained in the second, third, fourth and fifth progress reports submitted by Federal Monitor James Ginger to the Federal Court.

In his second report to the federal court, Federal Monitor James Ginger accused the City Attorney of what he called, “delay, do little and deflect” tactics saying his relationship with her was “a little rougher than most” compared with top attorneys in other cities and where he has overseen police reform.

The July 1, 2016 federal monitor’s third report states “Across the board … the components in APD’s system for overseeing and holding officers accountable for the use of force, for the most part, has failed … the serious deficiencies revealed point to a deeply-rooted systemic problem. … The deficiencies, in part, indicate a culture [of] low accountability is at work within APD, particularly in chain-of-command reviews. …”

The November 1, 2016 fourth federal monitor’s report states that when “excessive use of force” incidents are investigated by the APD Critical Incident Team, it “[deploys] carefully worded excuses, apparently designed not to find fault with officer actions” and “[uses] language and terminology apparently designed to absolve officers and supervisors of their responsibility to follow certain CASA (Court Approved Settlement Agreement) related provisions.

The May 1, 2017 fifth report is the most damning and critical report to date when the monitor found that APD “subverted” the reform process by issuing “covert special orders,” denying the existence of the orders, and APD exhibiting a “near total failure” to accept civilian oversight.

CONCLUSION

Assistant APD Chief Robert Huntsman has already left, retired for a second time, nowhere to be found.

Chief Gordon Eden and his command staff are on autopilot given that its likely they will all be gone come December 1, 2017 when a new Mayor is sworn in and with a new Chief.