The 2024 New Mexico legislative session began on January 16 and it ended on February 15 at noon.  The 2024 legislative session was a 30-day short session where much of the legislation was to be dedicated to financial matters and approving the state’s annual budget. There were 780 bills introduced but only 72 bills were enacted by the legislature and sent to the governor for signature.  Anything the Governor does not sign by March 6 is “pocket vetoed.”

A listing and the status of all the legislation is here:

https://nmbilltracker.com/allbills

A link to review all legislation passed is here:

https://www.abqjournal.com/news/the-2024-legislative-session-is-in-the-books-which-bills-are-law-which-ones-are/article_caa2caf6-cb7e-11ee-989b-6f6479577abd.html#tncms-source=home-featured-7-block

This blog article is an in depth report on all the legislation past by the 2024 New Mexico legislature highlighting the content of the most notable bills past.  It also reports on the failure of the most notable bills.

MAJOR LEGISLATION PASSED

The following major legislation was enacted during the 2024 legislative session with an elaboration on content:

2024-2025 BUDGET PASSES

House Bill 2 and 3, General Appropriations Act of 2024 have been enacted. On February 13, the $10.22 billion state budget was adopted by the New Mexico House of Representatives by voice vote approving the changes made to the budget by the Senate. The $10.22 billion budget is a 6.8% increase from last year while retaining a 31% reserve. The budget includes $4.3 billion in recurring funds for public schools and $532 million for public safety including law enforcement recruitment and equipment.

The largest slice of the general fund would go to public schools, which are slated to receive about $4.3 billion next fiscal year. That includes more than $94 million to give a flat 3% raise to all public-school employees, an amount that was trimmed by a Senate Finance Committee. Before public school employees were looking at a total average of 4% raises.  The version the budget approved by the Senate includes $30 million for summer reading intervention programs, $14 million for early literacy and reading support and $5 million to train secondary educators in the science of reading.

Other budget highlights include the following major appropriations:

• $1.2 billion for natural resources, housing and innovation
• $24 million to judicial branch agencies
• $7 million to support victim advocates, sexual assault victims and supplement federal grants for crime victims
• $11.7 million for the New Mexico Department of Health
• $1.96 billion to the Health Care Authority Department and $180 million for Medicaid
• $3 million for tribal health councils
• $19.6 million to expand Pre-K
• $4.43 billion in recurring funds for public schools
• $50 million to the tribal Educational Trust Fund
• $20 million to pilot and evaluate evidence-based strategies to improve the Children, Youth and Families Department
• The Higher Education Department will receive $1.3 billion in recurring funds
• $100 million to develop a strong workforce
• $10 billion to establish a new Green Bank
• $300 million in the Lands of  Enchantment Legacy Fund for water conservation, outdoor recreation, agriculture, and wildlife protection
• $150 million to the Department of Transportation for major infrastructure, maintenance and road improvements.

The budget also contains $30 million in capital outlay funding  for a structured literacy institute and  $30 million in the state budget bill for summer reading programs, which an early estimate predicted would reach some 10,000 students who are behind grade level.

Some of the changes made in the Senate Finance Committee include a $400 million increase in one-time spending for programs, including $25 million for local law enforcement recruitment, $5 million for food bank emergency assistance and $20 million for firefighter recruitment. Other changes include $20 million in recurring funds for universal school meals, additional funding for developmental disability waivers and more money for the administration of the Health Care Authority.  Senior and disabled veterans would also be able to receive four times the amount of monthly supplemental nutrition assistance program (SNAP) benefits.

One change that became a point of debate was the reduction of a 4% raise for state public employees to 3%. The cut was criticized by the American Federation of Teachers New Mexico on Monday. But other features have stayed the same. Education still makes up the biggest expenditure of  $4.3 billion.

Another controversial amendment approved by lawmakers in the budget that resulted in heated debate would prohibit the Public Education Department from using money to establish a minimum of 180 instructional days for public schools, which Governor Lujan Grisham supports. While the Governor said she plans to move forward with the 180-day rule, she also said it’s too early to say if she would line-item veto the provision in the budget bill. She said she doesn’t make rash decisions until she reads the entirety of the bill.

The budget was sent to Governor Michelle Lujan Grisham to be signed into law, but she could still line item veto some of the appropriations.

https://www.krqe.com/news/10-22b-budget-headed-to-governors-desk/

https://www.abqjournal.com/news/budget-headed-to-governors-desk/article_6a1608c0-cae7-11ee-8fe3-236d23cf9036.html

UPDATED HIGH SCHOOL GRADUATION REQUIREMENTS.

On February 9, Governor Michelle Lujan Grisham signed into law House Bill 171 which overhauls and codifies into law the state’s high school graduation requirements. This was the first bill to pass both chambers of the New Mexico 2024 legislative session The bill would update the state’s graduation requirements for its high schoolers, allowing for more student choice while keeping the number of mandated units at 24.

New Mexico’s updated high school graduation requirements are as follows:

• Four units of English, the last of which could be more flexible, such as journalism course
• Four units of math, two of which must generally be Algebra I and Geometry, but the rest of which appear to be flexible and could be fulfilled by such courses as financial literacy
• Three units of science, two of which must have a laboratory component and the other which can be more geared toward things such as work-based learning
• Four units of social science, which include U.S. history and geography, government, economics and financial literacy, and world history and geography. The final unit is also flexible and can include such things as psychology or ethnic studies
• Five and a half units of electives, which vary wildly, and also can include financial literacy courses as well as computer science and career-technical education courses
• Two courses set by the local school district or governing board
• One unit of physical education, which can include courses in things such as dance and marching band
• Half a unit in health

The biggest changes to know about are that students will still need to earn 24 credits, but Algebra II will no longer be required but schools must still offer it. Students will now have to complete four full years of social studies classes, and that must include some personal financial literacy coursework. A semester of health with lessons on sexual abuse, assault, and prevention is now required. Career technical classes can count toward English, math, and science credits, and local school districts will get to decide on two graduation requirements for their students.

The link to the quoted news source is here:

https://www.abqjournal.com/news/for-the-second-time-a-bill-to-update-new-mexicos-graduation-requirements-is-headed-to/article_457dd9bc-c61d-11ee-84fa-270e68360ca7.html

SCHOOL BOARD TRAINING

Senate Bill 137 will  require new school board members to go through 10 hours of training in ethics and school personnel, public school finance, open meetings and public records, governance and supervision and student achievement and support services. It would also prohibit new school boards from terminating superintendents,  or extending their contracts,  shortly after the election or appointment of a new school board. All candidates for school boards would be required to report $1,000 or greater campaign contributions. Currently, only candidates in large school districts — 12,000 or more students — that have contributions and spending above $500 have to report those donations to the Secretary of State.

FIREARM SALE WAITING PERIOD CRIMES.

House Bill 129 requires a seven-day waiting period for gun purchases, with a few exceptions. The House voted to accept amendments added by the NM Senate and the Senate Judiciary Committee. Originally, the seven-day waiting period legislation would have required twice as long a pause on gun purchases, but a House floor amendment halved it. Law enforcement agencies and people with federal firearm licenses or concealed carry licenses would be exempt from the waiting period. People selling a gun to an immediate family member or a law enforcement officer selling to another officer would also be excluded.

Changes were made to the bill’s secondary waiting period. That period is triggered if a background check isn’t returned within seven days. In the original legislation, if a background check hadn’t been returned within 30 days, the seller could release the firearm to the customer. That number was cut down to 20 days. If the background check is returned after the seven-day waiting period but within those 20 days, it can immediately pass to the buyer.

ADJUST INCOME TAX BRACKETS.

House Bill 252 adjusts income tax brackets. The House voted to adopt Senate changes to the tax bill, with several House members showing some resistance to the tax omnibus package where legislators pool together initiatives into one bill and vote on it as a whole. The House on a tax package that included personal income tax reforms, a tax credit for people whose houses were destroyed by wildfire and deductions for pre-kindergarten.

A Senate amendment added a severance tax exemption for stripper wells which are defined as  oil wells nearing the end of their productivity and the amendment garnered debate on the floor. Other Senate additions included gross tax receipt deductions for legal services for lawsuits involving the Calf Canyon/Hermit’s Peak fire, the increase of the special needs refundable adoption credit from $1,000 to $1,500, and the creation of a tax deduction for public school teachers buying supplies.

NO GUNS AT POLLING PLACES

On Wednesday February 14, the New Mexico Senate voted unanimously to pass Senate Bill 5 after the House narrowly passed an amendment to allow concealed carry licensees to bring their weapons to polling stations. The bill prohibits guns from within 100 feet of polling places. The measure now goes to the Governor where she is expected to sign it into law.

https://www.abqjournal.com/news/bill-prohibiting-guns-from-polling-places-heads-to-governors-desk/article_91a516c0-cb63-11ee-84e1-5f84b5d90e0c.html#tncms-source=home-featured-7-block

PRETRIAL DETENTION

Senate Bill 271, Repeat Felony Offender No Bond Hold  (PreTrial Detention). This bill requires felony offenders arrested for an additional felony while on release stay in custody until judges on prior felony cases have an opportunity to review their conditions of release. As explained by bill sponsor Sen. Daniel Ivey-Soto, D-Albuquerque, the legislation would have required that a felony offender arrested for another felony while on release stay in custody until every judge on a prior felony case has an opportunity to review that person’s conditions of release.

https://www.abqjournal.com/news/pretrial-detention-bill-approved-by-senate/article_2e9e4056-cafa-11ee-b57a-87f806927704.html

INCREASING CRIMINAL PENALTIES

Senate Bill 96 increases the basic term of imprisonment for second-degree attempted murder from 3 years to 9 years as well as increase the maximum penalty for a second-degree felony that results in the death of a person from 15 years to 18 years.

PUBLIC SAFETY RETIREES RETURNING TO WORK

House Bill 236 will allow law enforcement and public safety employees who have retired by December 31, 2023 to return to work on a limited basis. They must return to entry level positions and not to the same level they retired from and must pay into the Public Employee Retirement program (PERA). There is currently a severe shortage of law enforcement throughout the state, especially within corrections. This bill is intended to help fill entry level positions.

ARTIFICIAL INTELLIGENCE IN ELECTIONS

HB182 is an artificial intelligence focused bill that would amend the Campaign Reporting Act to add a disclaimer requirement for the use of materially deceptive synthetic images, visuals and audio created by artificial intelligence.

SUPREME COURT JUSTICE SALARY INCREASE. 

House Bill 141 set the pay of Supreme Court justices at $232,600. A $6.1 million appropriation from the general fund would fund the pay increases. Gov. Michelle Lujan Grisham has rejected similar requests in the past, but she has signed it. Bill sponsor Sen. Joseph Cervantes, D-Las Cruces, said he’s adjusted the bill this year removing state salary increases that match federal ones.

CAPITAL OUTLAY BILLS PASSED 

On February 15, the very last day of the 2024 legislative session, two  capital outlay bills  were enacted by both chambers.

Senate Bill 246, the annual bill to reauthorize a slew of over 250 projects, passed the Senate 31-6 and the House unanimously. Specifically, the measure extends the times, expands the purposes and makes other administrative changes to those projects to keep the funding appropriated for them in play.  Many of those projects have been delayed for a variety of reasons, including the COVID-19 pandemic and increasing construction costs. Some have been delayed for years. And according to an LFC report, there were an estimated $4.7 billion in outstanding capital outlay dollars across roughly 5,000 projects as of the second quarter of the current fiscal year.

Lawmakers criticized the backlog of projects, with Sen. George Muñoz, D-Gallup, arguing on the Senate floor it’s time for projects “to either get done or fail.” Muñoz, the chair of the Senate Finance Committee, said he won’t entertain a reauthorization bill in his committee in the next year in hopes that New Mexico will focus instead on completing projects. Munoz said this:

“It’s time for us to reform capital outlay. … We can’t look like we’re not getting anything accomplished in New Mexico, whether it’s a road, whether it’s redevelopment improvement areas, temporary youth housing — it has to get done.” 

Sen. Gerald Ortiz y Pino, D-Albuquerque, pushed back, pointing out many reasons projects have been delayed, and urging Muñoz not to place a blanket full stop on project reauthorizations.  Ortiz y Pino said this:

“I would hope that instead of a unilateral decision, that there’ll be no more reauthorizations. We’re going to put a stop to this terrible problem.”

https://www.abqjournal.com/news/lawmakers-race-capital-outlay-packages-through-the-roundhouse/article_fbe1c52a-cb85-11ee-8fb1-9bb38b59aab6.html

Senate Bill 275, a measure to authorize more than 1,400 public works projects, according to the bill’s sponsor, passed the Senate and House unanimously. According to the Legislative Finance Committee, appropriations for those projects total about $1.4 billion. In Bernalillo County, projects range in scope, from improvements to schools to acquiring and improving land for Balloon Fiesta Park. The latter would command roughly $16 million of the county’s total of more than $289.5 million in appropriations.  Also included in SB 275 is funding for an education initiative Gov. Michelle Lujan Grisham has pushed for months. The bill would set aside $30 million for a structured literacy institute that the governor has said in part would be a specialized place to teach reading to students.

https://www.abqjournal.com/news/lawmakers-race-capital-outlay-packages-through-the-roundhouse/article_fbe1c52a-cb85-11ee-8fb1-9bb38b59aab6.html

OTHER HOUSE  BILLS ENACTED

Following is the remaining legislation that passed both the Senate and House and that has been forwarded to Governor Michelle Lujan Grisham for signature or veto:

HB5, Workforce Development and Apprenticeship Fund — Would create a trust fund, which would make annual transfers to the public works apprentice and training fund and the Workforce Solutions Department.

HB7, Health Care Affordability Fund Distribution — Would change the distribution of health insurance premium surtax revenues, so the dollars goes to the health care affordability fund instead of the general fund, starting fiscal year 2026.

HB 28, Public Project Revolving Funds — The New Mexico Finance Authority would be able to offer loans from the “public project revolving loan fund” to schools, civic organizations, tribes and other state and local government entities. An amendment added some public and charter schools to the list of entities that would be able to apply for loans with the NMFA. The number is capped at 100.

HB 29, Public Project Fund Appropriations — This annual bill through the New Mexico Finance Authority moves $13 million from the public project revolving fund to three identifying funds to match with federal funds. $6 million will go to the drinking water state revolving loan fund, $2 million will go to the local government planning fund and $5 million will go to the cultural affairs facilities infrastructure fund.

HB 33, Prescription Drug Price Transparency — Would require drug manufacturers selling certain high cost drugs – including drugs that cost $400 or more for a 30-day supply – to report certain data points to the Office of the Superintendent of Insurance. The reporting would be used to guide policy to reduce prescription drug prices in the future.

HB 41, Clean Transportation Fuel Standards — Would allow for clean transportation fuel standard to reduce carbon intensity emissions.

HB 91, Geothermal Resources Project Funds — Would create funds for geothermal projects. Sen. Gerald Ortiz y Pino, D-Albuquerque, said the measure is essentially the same bill the Legislature passed last year, with a few adjustments so Lujan Grisham doesn’t veto it again.

HB 98, Accounts for Disabled Eligibility — Would raise the age of people with disabilities eligible for ABLE, achieving a better life experience, accounts from 26 years old to 46 years old in 2026. It would also prevent the state from seeking estate recovery payments from an account or the beneficiary’s benefits proceeds, according to the bill’s fiscal impact report.

HB 129, Firearm Sale Waiting Period Crimes — Would require a seven-day waiting period for gun purchases, with a few exceptions.

HB 148, Water Project Fund Projects — Would allow the New Mexico Finance Authority to make loans or grants to qualifying water projects.

HB 151, Post-Secondary Affirmative Consent Policy — Would require higher education institutions funded by state dollars to use trauma-informed policies and responses to sexual violence and train students on affirmative consent.

HB 165, Pharmacy Provider Reimbursement — Would allow independent and local pharmacies to reap the same reimbursement rates as corporate pharmacies from Medicaid managed care organizations.

HB 177, NM Match Fund — The bill, with an emergency clause, would establish a $75 million pot for more than 2,800 eligible entities in New Mexico, including towns, counties and tribal nations, from which to request dollars. The Department of Finance and Administration, the state agency in charge of administering the fund, could match state funding for federal grants.

HB 181, Life and Health Insurance Guaranty Act Changes — This bill aims to protect life and health insurance policy holders if their insurer becomes insolvent by expanding membership and coverage, changing the method for assessing long-term care insurer insolvencies, increasing the number of directors, adding rate increase powers and repealing a health maintenance organization section on the replacement coverage for insolvency, according to the bill’s fiscal impact report.

HB 193, Law enforcement retention disbursements. This bill would change the Law Enforcement Retention Fund, aiming to better recruit and retain law enforcement officers. Lawmakers earlier in the session removed the $1 million appropriation originally included in the bill because it is part of the budget that passed on the floor Monday.

HB 195, Housing Fund and Changes — Would amend the newly named the Opportunity Enterprise and Housing Development Act.

HB 196, Government Accountability Trust and Fund — Would create the government results and opportunity expendable trust and the government results and opportunity program fund. Bill advocates say it’s a way to pay for state pilot projects and test them out while also investing dollars for the future.

HB 207, Public School Capital Outlay Grants — Would change language in the Public School Capital Outlay Fund, making assistance to charter schools from public school capital outlay mandatory.

HB211, Water Project Prioritization — Would amend sections of the Water Project Finance Act, including to make wastewater projects available for funding through the Water Trust Board.

HB232, Infrastructure Planning and Development Division — Would create the infrastructure development division within the Department of Finance and Administration.

HB239, Cannabis as Prison Contraband — Would include cannabis among the list of prohibited contraband in places of imprisonment.

HB 251, Special License Plate Procedures — Would set up the New Mexico Department of Transportation to start issuing Smokey Bear license plates after application.

HB 253, Capital Outlay Changes — Would make changes to the state’s capital outlay program. A non-reverting fund – the capital development and reserve fund – would be created by the bill and managed by the State Investment Council. Money in the fund would be available to the Legislature to go toward capital projects costing less than $5 million and for the planning and design of more costly projects.

HB 270, Higher Ed Tech Enhancement Fund Provisions — Would clarify how higher education entities can use awards from the technology enhancement fund.

HB 298, Service Members Suicide Prevention — The Veterans Services Department would be required to raise suicide awareness for service members and increase suicide prevention resources for veterans and active military and their families.

HB 302, Department of Defense Military Recommendations — Child care programs certified by the U.S. Department of Defense would not be required to meet additional state licensing requirements.

HB 303, TANF Funds Workforce Pilot Program — Would create a workforce training economic support pilot program so people enrolled in accredited workforce training programs could get stipends for costs and living expenses. The max amount of monthly stipends would be $1,000 and not exceed one year.

HB 308, General Bond Obligations — Authorizes the issuance of general obligation bond capacity of roughly $290 million.

OTHER SENATE  BILLS ENACTED

SB 6, Cannabis Regulation Changes — Would tweak several sections of the Cannabis Regulation Act with the goal of tightening regulations of the industry.

SB 14, Health Care Authority — Would make changes to the functions of the Healthcare Authority Department, including changing the name to the Healthcare Authority.

SB15, Health Care Consolidation Act — Would allow the Office of Superintendent of Insurance to rule whether proposed mergers, consolidations or other ownership changes of New Mexico hospitals — except state and university-run facilities — would be detrimental to the quality, cost and accessibility of health care in New Mexico.

SB 17, Health Care Delivery and Access Act — Would impose assessments on most hospitals based on non-Medicare utilization and leverage federal funding to reimburse facilities, increasing Medicaid reimbursement in hospitals up to the average commercial rate. The bipartisan bill aims to address the health care crisis in the state, particularly in rural communities.

SB 37, Meat Inspection Act — Would allow for the New Mexico Livestock Board to conduct inspections of meat-producing and -processing plants in the state. Proponents said it would positively impact ranchers and allow for meat to be fully produced and processed within the state.

SB 76, School Local Share Adjustment Waiver — Would clarify that a school district is eligible for waivers of the local match for projects bankrolled by the Public-School Capital Outlay Council if its local match is greater than 50%.

SB 88, Electronic Driver’s License Credentials — Would allow the New Mexico Department of Transportation to issue electronic driver’s licenses.

SB 106, Declaration of Independence Anniversary — Would appropriate $250,000 to use for a commission to plan and conduct a celebration for the 250th anniversary of the Declaration of Independence in 2026.

SB 108, Distribution to Election Fund – Would distribute money from the tax administration suspense fund into the state election fund until it reaches $20 million.

SB 116, Tobacco Fund is Not a Reserve Fund — Would remove the tobacco settlement permanent fund balance from the general fund. Moving the funding out would allow the fund to be invested to reap higher returns for health campaigns, according to the bill’s fiscal impact report. Rep. Jason Harper, R-Rio Rancho, said the bill would also allow for a more accurate picture of the state’s reserves.

SB 127, Professional Psychologist Act Changes — Would give licensed psychologists with a special type of certification to prescribe and administer injections for psychotropic drugs as well as intramuscular and subcutaneous injections. It would also change the structure of the Board of Psychologist Examiners and the committee which reviews complaints against prescribing psychologists.

SB 128, State Fire Retirement — Would add a definition for “state fire member” to the Public Employees Retirement Act, for non-volunteer firefighters.

SB 129, Cybersecurity Act Changes — Would amend the Cybersecurity Act, including adopting more cybersecurity rules and standards.

SB 135, Step Therapy Guidelines — Patients with cancer or autoimmune diseases would no longer need prior authorization from their insurance provider to be approved for treatment or prescription medications. Additionally, anyone who already had a medication approved by prior authorization or step therapy would no longer need to annually repeat the process to keep using that medication. That approval would now apply as long as it still had a therapeutic effect for the patient.

SB 142, Behavioral Health Facility Notification — This legislation wouldn’t allow residential behavioral health facilities to admit patients without trying to get family contact information for patients, so patients could notify their family of admission.

SB 148, Tax & Fee Admin Fees — Would remove administrative costs and fees withheld by the Taxation and Revenue Department for administration of local government revenues by fiscal year 2029. The fees would continue on certain distributions.

SB 151, Premium Tax to Emergency Services Fund — Would appropriate $22 million from the general fund and distribute 10% of the health insurance premium tax to the emergency medical services fund.

SB 152, CYFD Investigations and Background Checks — Would require background checks for certain people working with the New Mexico Children, Youth and Families Department and Early Childhood Education and Care Department.

SB 153, Early Childhood Fund Transfers — Would increase the distribution of the early childhood education and care program fund for programs such as child care assistance, doula and lactation support home visits, and pre-K. The distributions from the fund would increase by $95 million. Any excess money would be returned to the fund.

SB 159, Higher Education Trust Fund — Would create a trust fund to cover tuition and financial aid programs for students at higher education institutions in the state.

SB 161, Acute Care Facilities Subsidies — Would create grants for a dozen rural hospitals in the state to help make up for lost revenue for certain services, including emergency medical services, child and maternal health, for which they may not be fully reimbursed.

SB165, Legislative Retirement Changes — Would increase pension payments for future retirees from the New Mexico State Legislature.

SB 169, Land and Water Conservation Fund — Would appropriate $10 million from the general fund to the state land and water conservation fund.

SB 175, Law Enforcement Fund Distributions — Would appropriate funds to recruit and retain law enforcement officers.

SB 176, Athletic Competition Act Changes — Would add fighter weight classes and increase, by an average $74, annual licensing fees for almost a dozen license types. It would also increase the required insurance coverage for licensed fighters, including pro boxers, kickboxers, martial artists and wrestlers from $1,000 to $2,500.

SB 216, NMFA Affordable Housing Projects — Would amend the Finance Authority Act to provide financing for affordable housing projects and amend the local government planning fund to provide financing in order to develop affordable housing plans and flood maps.

SB 217, Severance Tax Bond Fund Distribution — Would provide for a minimum distribution from the severance tax bonding fund to the severance tax permanent fund every year for nine years.

SB 230, Disclosure of Certain Health Info — Would broaden the list of instances in which confidential information on children can be shared, according to the bill’s fiscal impact report. Bill sponsor Sen. Greg Nibert, R-Roswell, has said the measure would allow for the collection of health data for research purposes.

SB 236, Metro Development Project GRT Increments — Would impact the procedure for determining gross receipts tax increments paying for metropolitan redevelopment area projects, including allowing new, approved construction in determining the gross receipts tax base.

SB 239, Lottery and Opportunity Scholarship Changes — Would change some eligibility requirements for lottery and opportunity scholarships, including the allowance of coverage of summer semesters under the lottery scholarship and not counting high schoolers’ dual credits toward credit-hour caps under the opportunity scholarship.

SB 241, Aging Dept. Background Checks — Would require employees and volunteers with the Aging and Long-Term Services Department working in adult protective services, the long-term care ombudsman program and consumer and elder rights to undergo criminal history records checks. Selected applicants would also have to undergo background checks.

LEGISLATION THAT FAILED

Legislation worth noting that failed to be enacted during the 2024 legislative session are as follows:

PAID FAMILY AND MEDICAL LEAVE ACT FAILS

Senate Bill 3 would have created a fund for paid family and medical leave, up to nine to 12 weeks, to be administered by the Department of Workforce Solutions. Senate Bill 3 was meant to give all New Mexico workers paid time off when they need it most, even if their jobs don’t currently offer it.  Workers would have been able to take up to 12 weeks of paid time off to bond with a new child or grieve the death of a child. Workers would have been able to take nine weeks off in order to care for themselves or family members dealing with serious medical issues. There was also a “safe leave” category for employees recovering from domestic violence.

The Senate changed the leave from calendar year to application year to ensure that employees can’t take more than 12 weeks off in a year. Another change on the Senate floor was adding a required 20-day notice when possible. The Seante also expanded the time employees have to pay into this fund before they can apply for paid time off. The original bill only required 90 days but that was expanded to six months, a move that was popular with small business owners.

As for funding, both employees and employers with more than five workers would contribute to a state fund to pay the workers on leave. For every $1,000 in wages, it would cost $5 for workers and $4 for employers.  Opponents of the bill said 12 weeks off is just too much for most businesses to manage and argued the list of qualifying circumstances was too broad. Small business owners argue this bill would be a financial burden on employers and limit the ability of business owners to help out their employees on their own terms.

Senate Bill 3 passed the Senate on February 9 on a  25-15. It was then  heard on the House floor February 14  but the House  lawmakers rejected the proposal on a 34-36 vote.

https://www.kob.com/new-mexico/paid-family-medical-leave-act-fails-by-34-36-vote/

FAILURE OF PAID FAMILY AND MEDICAL LEAVE ACT UNEXPECTED LOSS

The failure of the Paid Family and Medical Leave Act was without a doubt  the biggest notable failure to pass in that it has been a major priority of Progressive Democrats in both the House and Senate. The defeat of the Paid Family and Medical Leave Act in the House was an unexpected loss to progressive Democrats. The defeat of the bill in the House resulted in great anger  when it was defeated by 2 votes and it was a stunning set back to House Democrats and Progressive Democrat House Speaker Javier Martinez.

What brought on the defeat of the legislation in the House was 11 conservative to moderate Democrats who joined forces with all the House Republicans to kill the measure. The House defeat of the paid family and medical leave act occurred on the next to last day of the legislative session.   House Speaker Javier Martinez was accused of calling for a vote to “get people on the record” and being out maneuvered lobbyist who  persuaded him to bring the act to a floor vote when he was  uncertain but was assured the votes were there by the lobbyists.  Martinez responded to the  accusations saying this:

“I put the paid family leave bill on the floor because it deserved a floor hearing and debate, and while there were other tough bills that I could have brought to the floor on the final day, I prioritized family medical leave because it’s been a long time in coming. I knew there was an even chance of it going either way. … I didn’t put that bill on the floor simply to “get people on the record.” That’s not how I operate.” 

Martinez said the 2025 session could be the one where the bill could meet with success.

Republicans celebrated the failure of the Paid Family and Medical Leave Act calling it a win for New Mexico businesses and employees. House Minority Leader Lane called that measure’s failure a “resounding win” for New Mexico’s businesses and employees. Lane said this:

“The fact that [the] bill came to a screeching halt on the House floor, I think, sends a huge message. … It’s not flexible for business owners [or] for employees that don’t want to participate in that system. And so I think that should be a resounding wake-up call.”

REBUTABLE PRESUMPTION FAILS THIRD TIME

On Monday, January 29, the Senate Health and Public Affairs Committee voted on a 5-4 vote to table Senate Bill 122 know as the Reputable Presumption Bill.  The Reputable Presumption Bill provides that a criminal defendant who is charged with specified serious violent crimes, such as murder, is presumed to be a danger to the community and upon arrest must remain in jail until trial with no exceptions.

The aim of “rebuttable presumption” is to make it easier for more defendants to be held in custody before they’ve been convicted and to keep them from committing new crimes. Proponents of rebuttable presumption say it will reduce violent crime.  Opponents of rebuttable presumption say courts can already keep a defendant behind bars and that reputable presumption shifts the burden of proof to defendants and violates the basic constitutional right of presumption of innocence until proven guilty.

Under the United State Constitution and the New Mexico Constitution, a person is presumed innocent until proven guilty and has the right to post bond to be released until trial. Under existing New Mexico law, whenever prosecutors ask a judge to hold someone accused of a crime in jail until trial, they must prove that no release conditions will reasonably protect the safety of another person or the community.  The prosecution is required to prove “by clear and convincing evidence that (1) the defendant poses a future threat to others or the community, and (2) no conditions of release will reasonably protect the safety of another person or the community.”  Rebuttable presumption shifts the burden of proof from the state to the accused to show they are not a danger and should be released pending trial

The defeat of Senate Bill 122 came as no surprise. This is the third time that Rebuttable Presumption has failed to make it out of committee. Simply put, rebuttable presumption is unconstitutional.  The New Mexico Constitution is very clear that the prosecution bears the  burden of proof. The use of a rebuttable presumption and relying on different burden of proof and evidence by the prosecution to meet that burden is directly contrary to that constitutional provision. The New Mexico Supreme Court has also repeatedly made it clear the prosecutors burden of proof has two requirements: the accused person is dangerous, and no conditions of release will reasonably protect the community from them.

https://sourcenm.com/2023/01/31/some-lawmakers-unconvinced-rebuttable-presumptions-bill-would-make-it-through-the-courts/

Governor Lujan Grisham took strong exception to Reputable Presumption once again failing to pass and she  took note of the failure which was made possible by opposition from her own party. The Governor said this:

“I am dismayed that our Legislature has once again refused to undertake an honest, robust debate on the state of our pretrial release system. Crime is out of control and something needs to change. We have invested hundreds of millions of dollars in behavioral health services, education, economic opportunity – critical components that ensure every New Mexican gets a fair shake. However, I will not stand by as repeat violent offenders walk in and out of our courthouses without consequence. A rebuttable presumption is not an extreme policy, and ours is modeled after federal law that has been in place for decades. It is time for the Legislature and the public to stand up and give this proposal the robust debate that New Mexicans agree it deserves.”

CREATION OF OFFICE OF HOUSING FAILS

Senate Bill 71  would have created an Office of Housing that would be attached to the New Mexico Department of Finance and Administration. The governor would appoint the office’s director, who would oversee studies on housing issues and work with government agencies and private developers to plan and fund projects.  The office will require three or four full-time employees, which will be funded from the Governor’s office budget. The office would be tasked with working hand in hand with the quasi-governmental New Mexico Mortgage Finance (MFA) Authority and other organizations. But according to the the legislative analysis, the Mortgage Finance Authority has raised concerns about overlap with the MFA noting the office would duplicate much of the work it already does,” the report said.

On February 8, Gov. Michelle Lujan Grisham showed up to the  Senate-House Public Affairs Committee to push personally for enactment of the bill. The Senate-House Public Affairs Committee voted 5-4 to advance the bill to the Senate Finance Committee with no recommendation, instead of the more common “do pass” recommendation. The bill never made it out of the Finance committee  to the Senate floor for enactment.

Notwithstanding, the Legislature did send along $125 million for housing development. Governor Lujan Grisham pointed out that lawmakers sent money to the Mortgage Finance Authority, New Mexico Finance Authority and homelessness, and there still other dollars the Department of Finance and Administration can give out.

ASSAULT WEAPONS BAN BILL FAILS

HOUSE BILL 137  ASSAULT WEAPONS BAN BIILL.  This bill did not make it through either chamber. It would ban gas-operated semi-automatic guns. It would also prohibit detachable magazines that hold more than 10 bullets, bump stocks, and other “machine gun” attachments which are designed to increase the rate of fire. It mimics a bill U.S. Sen. Martin Hein introduced in the Senate known as the GOSAFE Act. There are exceptions in the bill for government agencies, as well as Native American tribes and pueblos.

The New Mexico Department of Justice and the Administrative Office of the Courts warned the bill may result in lawsuits against the State of New Mexico. The estimated cost of defending against legal challenges is $450,000 and an additional $5,500 per event to provide security to court personnel. Analysts also noted the bill is expected to result in more people ending up in prison, raising the costs of housing inmates.

Links to quoted or related news sources are here:

https://www.abqjournal.com/news/capitol-recap-here-s-what-happened-on-the-last-tuesday-at-the-legislature/article_b3625588-cabf-11ee-83ca-9b7751f5a2bc.html

https://www.abqjournal.com/news/capitol-recap-here-s-what-happened-at-the-legislature-on-wednesday/article_689c5478-cbb8-11ee-8711-1fcf304f3286.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/capitol-recap-lawmakers-zoom-through-final-efforts-on-last-day-of-session/article_576f44a6-cc3c-11ee-ad72-0bfaeca462d4.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/thirty-days-is-tough-gov-and-party-leadership-reflect-on-session/article_5cede730-cc5e-11ee-a5db-1307ec6dd807.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Before any legislation can become law, it must go through the committee process of each chamber, and if amended referred back to the originating chamber to approve changes, and be enacted by both chambers and sent the Governor for signature to become law and even then, it could be vetoed by the governor.

A whopping 780 bills and memorials were introduced for consideration. There were 344 separate House Bills, 3 House Joint Memorials, 15 House Joint Resolutions, 60 House Memorials, 1 House Resolution. There were 317 separate Senate Bills, 2 Senate Joint Memorials, 18 Senate Joint Resolutions, 19 Senate Memorials and 1 Senate Resolution. Most of the Bills never received a single committee hearing. Some weren’t even printed.

In total, lawmakers passed 72 pieces of legislation over 30 days, or about 2.4 bills per day. Any particular bill’s chance stood about an 11% chance of making it to the governor’s desk.  The Governor is now suggesting that she will call a special session to deal with crime measures that failed.

During the last week of the session, lawmakers endured longer days and nights, packed schedules and marathon sessions getting bills through the House and Senate committees and ultimately voting on the chamber floors.  Simply put, trying to squeeze in so much work into a 30 session is crazy and no way to do business. 30-day sessions should be a thing of the pass as should be 60 days sessions and a full time, pay legislature with much longer sessions is long overdue.

On Saturday, February 17, Albuquerque Police Department Chief Harold Medina and his wife were in an unmarked APD truck when the APD vehicle crashed into a classic Mustang after Medina ran a red light as he tried to avoid gunfire on East Central.  The driver of the Mustang was taken to a hospital in critical condition but according to an APD spokesman the driver is expected to make a full recovery.

REPORTED CAR CRASH AND SHOOTING

APD Spokesman Gilbert Gallegos said Medina and his wife were driving to a news conference to be with Mayor Tim Keller sometime before 9:15 a.m. when Medina saw a homeless encampment on Alvarado, north of Central.  The planned news conference was scheduled for 10 a.m. outside Adam Food Market  convenience store known for crime and homelessness at Central and Pennsylvania.  Medina and Keller were going to talk about addressing crime around the store, which has been the site of several homicides, a police shooting and open-air drug use. The news conference was postponed as Keller and APD officials gathered at the site of the crash.

Gallegos said Medina and his wife were driving to the news conference when Medina saw a homeless encampment on Alvarado, north of Central.   Gallegos said it appeared to Medina that the encampment was blocking the sidewalk.  APD and city workers have for the past year have been stepping up enforcement against unhoused encampments.

Gallegos said Medina parked his truck on Alvarado, facing Central,  to call and request that officers remove the encampment. Gallegos reported that Medina was in the process of notifying the commander of the area so they could remove the encampment when 2 people started physically fighting. Gallegos said a fight broke out between 2 men on the sidewalk west of Medina’s truck and one of the men pulled out a gun and fired at least once at the other man. It is unclear if the fight and subsequent shooting was related to an encampment or those living on the streets.

APD Spokesman Gilbert Gallegos said this:

“As [Chief Medina] was turning on his police radio to call it out, he noticed that one of them brandished a gun. One person kicked the other individual and that individual started firing shots in the direction of where the chief was in his truck. … That’s when [Medina’s] wife saw the muzzle of the gun pointed at them… They heard the shot fired [and Chief Medina] stepped on the gas to get out of the situation. … At that point, the chief pulled forward in his vehicle. Another car was coming in a different direction, and they crashed into each other. … Investigators [have] located one bullet casing, which is being tested to determine if the gun has been involved in any other shootings.”

Gallegos said Chief Medina was in the direct line of fire and tried to drive away, but as he took off, he hit a Ford Mustang on the driver’s side door. The Mustang struck a curb and skid down the road. Police say Chief Medina went to the driver’s aid, however, that driver was seriously injured and was taken to UNM Hospital.

According to Gallegos, the driver of the Mustang is currently in stable condition and expected to make a full recovery. ShotSpotter technology detected a single shot and investigators found one bullet casing, which is being tested.

Gallegos said nobody was injured by the gunfire and APD is looking over video footage and interviewing witnesses to find the person who fired the shots. APD says they’re searching for the 2 men involved in the fight in that both men fled the scene

According to APD Spokesman Gilbert Gallegos, APD investigators determined the driver of the Mustang had a green light at the time of the accident. Ostensibly Medina ran a red light and drove into the intersection at Central and Alvarado NE and hit the driver’s side of the  Mustang  with the right front side of his APD  issued truck.  After the crash, the shooter ran and the person who was shot at “stuck around for a little bit” before leaving. He said Medina checked on the other driver and used his radio to call for an ambulance.

Chief Medina and his wife were not hurt in the crash and Gallegos said this:

“Chief Medina is okay his wife’s okay. You know it was a scary incident and unfortunately one individual was injured during the car crash so we’re keeping an eye on him and he’s an adult male, we hope he’s okay.”   

Gallegos said Medina took a breathalyzer and drug test after the crash and asked the Superintendent of Police Reform to open an Internal Affairs review because he did not turn on his lapel camera during the incident.

MAYOR KELLER REACTS

At 11:06 am, close to 2 hours after the incident, Mayor Tim Keller posted on his official TWITTER account the following:

“Today @ABQPoliceChief [Medina] was checking on an encampment when a gun was pulled during a fight. He was in a car crash getting out of the line of fire, but thankfully he is okay. I’m grateful four our Chief and officers who put their lives on the line every day to make our city safe.”

11:06 AM Feb 17, 2024 2,833 Views

Mayor Tim Keller reacted to the incident by saying this to the news media:

“[Getting the call about the crash was]  one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day.  … Fortunately, in this case, I quickly learned he was OK.  … [Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning.”

Mayor Tim Keller also commented on Chief’s actions by saying this:

“This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina.  … For us, we need to continue that clarion call for at every single level to do everything we can to make our city safer.  We don’t know any details, but would not be surprised if there was fentanyl, or whatever other illegal substance could have been exchanged. These are the kinds of things that we absolutely have to address. And this is not going to change unless we have major steps that we can take at every level.”

Links to quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/abq-police-dept-asks-public-to-avoid-area-of-central/

https://www.kob.com/new-mexico/albuquerque-police-chief-runs-red-light-while-fleeing-gunfire/

https://www.kob.com/new-mexico/apd-chief-involved-in-car-crash-shooting/

https://www.kob.com/new-mexico/law-enforcement-discuss-efforts-to-curb-crime-on-central/

https://www.koat.com/article/police-activity-near-central-and-alvarado/46832937

https://www.abqjournal.com/news/albuquerque-police-chief-involved-in-crash-while-fleeing-gunfire-on-east-central/article_2143cfa8-cdbf-11ee-b8c1-ffa351fe516f.html

https://www.abqraw.com/post/chief-medina-and-his-wife-patrolling-the-war-zone-allegedly-gets-shot-at-crashes-into-classic-musta

https://www.abqraw.com/post/wild-car-crash-and-shootout-happens-down-the-street-before-mayor-keller-s-press-conference-news-con

COMMENTARY AND ANALYSIS

The general public can be thankful that Chief Medina and his wife were not seriously injured.  However, the general public should be very concerned about the fate of the injured driver and the extent of personal injury and property damages caused to the driver by Chief Medina.

It was reported that the injured driver had a green light which means Medina ran a red light and was at fault.  From the looks of the news coverage, significant damage was done to the victims Mustang, it is probably totaled and the significant damage was also done to Medina’s vehicle. Medina’s SUV is a department issued vehicle and as such has a high-end value of probably upwards of $75,000 and equipped with law enforcement equipment. Medina’s city vehicle is also likely totaled.

Then there is the matter of the extent of personal injury suffered by driver of the Mustang. It was reported the driver was in “critical condition” and taken to the hospital yet APD spokesman Gilbert Gallegos proclaimed the injured driver is expected to have a “speady recovery” without disclosing the actual extent of the victim’s injuries.

Keller totally ignored and did not even mention the innocent driver of the Mustang who was hit by Medina. Keller did not even mention Chief Medina’s wife nor express any concern for her as well.  What is downright embarrassing and pathetic is the lengths to which Mayor Tim Keller went to praise Chief Harold Medina for his actions especially when he said “[Chief Medina is] arguably the most important person right now in these times in our city.”  Medina is only the most important person to Keller within the city because city hall observers keep asking  what does Medina have on Keller?

QUESTIONS BEGGING FOR ANSWERS  

Based on all the news accounts and the comments made by APD Spokesman Gilbert Gallegos, APD Chief Harold Medina has in fact violated one or more of APD’s Standard Operating Procedures that would lead to disciplinary action against any rank-and-file police officer when  violated.  The POSTSCRIPT to this blog article outlines the Standard Operating Procedures Chief Medina likely violated directly or indirectly.

There are any number of questions that need to be answered that relate to Chief Medina’s car crash and violating APD’s standard operating procedures:

• Why was Medina’s wife going with him at 9:15 am to attend a 10:00 AM news conference with Mayor Keller? Was she approved as an APD ride along for patrols?
• When Medina decided to investigate the homeless encampment, why did he not engage his vehicle’s emergency lights or siren equipment?
• Medina admitted he was taking an enforcement action by calling it in but why did he not make any effort to take his wife to a safe and convenient location as required by standard operating procedures before he attempted take action against the encampment?
• Why did Chief Medina not have his lapel camera on which  he admitted which is serious violation of Standard Operating procedure?
• Police officers involved in car accidents with their vehicles are required to take breathalyzer and drug test within one hour of the car accident. APD Spokesman Gilbert Gallegos said Chief Medina took a breathalyzer and drug test after the crash, but he did not say when and where the tests were administered nor what the results were.
• Will a complete Uniform Incident report be made and release to the public, including interviews of witnesses, and who will prepare it?

COMICAL REQUEST

It is somewhat comical that Superintendent of Police Reform is being asked to open an Internal Affairs on APD Chief Medina. The truth is that is not the Superintendent’s responsibility to do such investigations and the responsibility is to review completed cases. It’s an investigation that should be done by another law enforcement agency such as the Bernalillo County Sherriff’s Office or the NM State Police to ensure complete objectivity and avoid any conflicts of interest.

NO CHIEF IS EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including a Police Chief is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

This whole crash incident further erodes the credibility of Chief Medina and Mayor Tim Keller whose reputations have already been damaged to a great extent  by the ongoing Federal Investigation of the entire DWI Unit that has been implicated in a bribery and conspiracy scheme involving a prominent DWI defense attorney to dismiss cases.

PLACE MEDINA ON ADMINISTRATIVE LEAVE 

Keller does himself no favors as he blindly promotes the merits of an incompetent Chief of Police. Mayor Keller should immediately place APD Chief Harold Medina on Administrative Leave until a complete investigation of the crash and an incident report is prepared. Mayor Keller should also ask the Bernalillo County Sheriff or State Police to investigate and prepare final reports on the car crash.

If Mayor Keller does not act against Medina, the City Council should step in and seek to terminate Chief Medina.

___________________________________________________________

POSTSCRIPT  

Below are the Standard Operating Procedures that were  likely violated in the Medina auto crash:

APD STANARD OPERATING PROCEDURES

It is Standard Operating Procedure 1-6 the deals with the APD “Patrol Ride Along Program”

1-6-4 entitled Rules outlines ride alongs with police.

Eligibility for Participation in the Patrol Ride-Along Program

1. The Patrol Ride-Along Program is neither a public relations program nor is it intended to satisfy a community member’s curiosity about police work.

2. Professional Staff members and community members are permitted to participate in patrol ride-alongs for the purpose of meeting their training and educational needs.
3. A professional staff member or community member who wants to participate in the Patrol Ride-Along Program must be eligible for the Department’s Volunteer Program or Internship Program, consistent with SOP Volunteer and internship Programs …

…  .

Unauthorized Patrol Ride-Along

Officers and PSAs shall abide by the Patrol Ride-Along requirements prior to authorizing any community member or professional staff member to ride along on patrol.

_____________________________________________________________

It is 2-5 of APD Standard Operating Procedures that deal with use of APD issued department vehicles.  Section 2-5-4 specifically deals with General Procedures For Department-Issue Vehicles and provides in part:

…

       1. When operating a Department-issued vehicle, sworn personnel shall:

A. Have their police radio on and tuned to the proper frequency for their location;

B.  While on-call, carry all necessary equipment for a call-out;

C.   Consistent with SOP Personnel Code of Conduct and SOP Uniforms, have in their possession a jacket or vest that clearly displays the Department insignia, their badge, identification card, handcuffs, body armor, radio, on-body recording device (OBRD), and firearm to effectively perform a police function. …

D. When responding to a felony call with non-sworn personnel as passenger(s), except for approved ride-along, first drop off the passenger(s) at a convenient and safe location, then respond to the call consistent with Department Standard Operating Procedures (SOP);

… .

__________________________________________________________

It is 2-6  of APD Standard Operating Procedures that deals with Use of Emergency Warning Equipment.

Section 2-6-4 entitled Procedures states as follows:

Authority for Code Response.

When sworn personnel respond to an emergency call, or when in pursuit of an individual who has violated or is suspected of violating a law, sworn personnel shall be authorized to exercise the right-of-way privilege , pursuant to the New Mexico state statute on authorized emergency vehicles, if the officer is driving an authorized emergency vehicle and properly using authorized emergency warning equipment.

This authority does not:

1. Relieve the officer who is driving an authorized emergency vehicle from the duty to drive with due regard for the safety of others; or

      2.  Protect the officer from the consequences of reckless disregard for the         safety of others.

 _____________________________________________________________

It is 2-7 of APDs Standard Operating procedures that deals with DAMAGE TO CIVILIAN PROPERTY

Section 2-7-2  entitled Policy provides:

It is the policy of the Department to document when Department personnel damage civilian property …  during the course of their official duties.

…  .

Section 2-7-4 entitled  Procedures provides:

1. Civilian property may include, but is not limited to:

….

Vehicles

When Department personnel damage civilian property, they shall:

1. Complete a Uniform Incident Report documenting the damage;
2. If the primary officer caused the damage, they shall document the information in their Uniform Incident Report. 
3. If another officer caused the damage, they shall document the information in a Supplemental Report.

…  .

______________________________________________________________________

It is 2-8 of APD’s standard operating procedures that deals with  “USE OF ON-BODY RECORDING DEVICES”

Section 2-8-4 entitled Rules provides as follows:

All uniformed and plainclothes sworn personnel, Police Service Aides (PSA), Crime Scene Specialists (CSS), PTU personnel, and all uniformed personnel shall wear a Department-issued OBRD while on-duty. Exceptions to wearing the OBRD include:

1. Written approval by the Chief of Police, which will be limited to Department personnel who do not routinely interact with the public and only when those personnel are not engaging in law enforcement or investigative encounters with the public, including any mandatory recording events. Notwithstanding this exception, all Department personnel shall record mandatory recording events.
2. During training, unless required to wear the OBRD for training purposes;
3. Bomb Squad personnel, while actively working a scene with suspicious or hazardous items; and
4. Any duty assignment where sworn personnel do not carry a Department-issued badge and firearm, including restricted duty, administrative assignment, or administrative leave.

____________________________________________________________________

Section 2-8-5 of APD’s standard operating procedures delineates “Mandatory Recordings” by APD sworn personnel and provides as follows:

1. Department personnel shall activate their OBRD [ON BODY RECORDING DEVICE] for any call for service that involves a law enforcement encounter, for any other law enforcement encounters that involve contact with community members, and for any investigative encounters involving community members.
2. For all mandatory recording events, Department personnel shall activate their OBRD prior to contact with individuals, except during emergency situations that require immediate action to preserve life or safety. At the first available opportunity, Department personnel shall activate their OBRD immediately.
3. Examples of mandatory recording events include, but are not limited to: Law enforcement encounters; Traffic crashes;

___________________________________________________________________

Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”

2-47-4 outlines the following Procedures:

General Procedures for Crashes that Involve Department-Issued Vehicle Department personnel who are Involved in the crash shall:

A. Request Albuquerque Fire Rescue (AFR) for any injuries;

B. Secure the scene to prevent further damage;

C. Preserve evidence;

D. Request that an on-duty supervisor respond to the scene of the crash;

E. Request for an available officer or Police Service Aide (PSA) to be dispatched to investigate the crash and to complete a Uniform Crash Report (UCR) to include the vehicle or unit number on the UCR diagram or narrative;

F. The responding officer or PSA who completes the UCR shall gather sufficient information concerning the cause of the crash to testify at the Crash Review Board (CRB) Hearing, if necessary; and

1. Request for a supervisor, a Crime Scene Specialist (CSS), or a Police Service Aide (PSA) to photograph the crash.
2. Photographs shall include close-ups, mid-ranges, and the overall scene.
3. Photographs shall be tagged into evidence as outlined in SOP Collection, Submission, and Disposition of Evidence and Property (refer to SOP Collection, Submission, and Disposition of Evidence and Property).
4. Supervisors with Axon training may take the photographs for non-injury crash investigations.

G.  The investigating supervisor shall:

1. Determine whether the crash involves serious personal injury, death, or substantial damage to any involved Department personnel or the Department-issued vehicle before clearing the scene of the crash;

2. Notify the following personnel to respond to the scene of the crash if it involves life-threatening injuries or death:

i. Internal Affairs Professional Standards (IAPS) Division investigative personnel;

ii . An on-duty CSS; and

iii. The on-call Metro Traffic Division Fatal Traffic Team supervisor.

3. Based on the damage to the Department-issued vehicle and the extent of injuries, determine whether the on-call Metro Traffic Division Fatal Traffic Team will investigate the crash;

4. Ensure that all crashes involving Department-issued vehicles, no matter how minor, are documented in a UCR;

5. Submit an Internal Affairs (IA) database web application entry for vehicle crashes, which includes copies of the completed UCR and City of Albuquerque Substance Abuse Program Post-Accident Decision Making Form;

6.  Forward the completed UCR and the City of Albuquerque Substance Abuse Program Post-Accident Decision Making Forms to the lieutenant or division  head within five (5) calendar days;

7. Examine any damage to Department-issued vehicles and physical evidence present to ensure that there is consistency with the reported circumstances; and

8. Determine whether the Department-issued vehicle is safe enough to remain in service or if the vehicle should be transported to the City of Albuquerque Fleet Management (Pino Yards) at 5501 Pino Ave NE.

9. The on-scene supervisor or investigating officer may allow the involved vehicles to be moved if they impede the safe flow of traffic.

10. The on-scene supervisor or investigating officer may only allow the vehicles to be moved from the scene for non-injury crashes or when moving the vehicles does not significantly impact the investigation.

11. Operations Review Section personnel shall review the UCR and the IA database web application entry for accuracy and to ensure that all required documents are attached to the IA database web application entry.

12.  After reviewing the UCR and the IA database web application entry, the Operations Review Section Fleet Coordinator shall:

Send the IA database web application entry information to IAPS Division personnel; and

Forward the UCR to the Metro Traffic Division Administrative Assistant.

… .

 

The APD bribery scandal involving the dismissal of 198 DWI Cases by District Attorney Sam Bregman has become an issue in the race for Bernalillo County District Attorney.  Candidates DA Sam Bregman and former US Attorney  Damon Martinez have commented on the scandal. (See related blog article in postscript.) There is a third trial attorney seeking the Democratic nomination for Bernalillo County District Attorney with the Democratic primary to be held on June 4. The third attorney is  Matthias Swonger who is a criminal defense attorney with the New Mexico Public Defender’s Office.

SWONGER WEIGHS IN ON APD DWI BRIBERY SCANDAL

On Sunday, January 28, Matthias Swonger released the following press release for publication on this blog:

The corruption scandal allegedly involving APD DWI officers and a private defense attorney has brought new urgency to the DA race. It is not hyperbolic to say that the public’s already precarious trust in the criminal justice system and legal profession has been severely damaged. The outcome of the DA race will have far reaching consequences for the future of the entire legal community and the community at large.

SAM BREGMAN represents a continuation of the status quo that is unacceptable. Much of his career prior to becoming DA involved defending officers in criminal and misconduct matters, and as DA he has only reduced transparency and accountability by removing the names of officers with credibility issues from the DA’s website. His office apparently failed to rigorously track their cases in a way that would have allowed them to raise the alarm when DWI cases continued to be dismissed due to officer non-appearances. Mr. Bregman’s failure to hold wrongdoers within the system accountable and the fact that the attorney being investigated in the corruption scandal donated one thousand dollars to Mr. Bregman’s campaign raise serious doubts that Mr. Bregman can rise to the task of restoring trust in our criminal justice system.

DAMON MARTINEZ is likewise an out of touch career political insider whose involvement in APD reform efforts as US Attorney and as an employee of APD where he was responsible for writing APD policies, has failed to uncover the corruption at APD. To the extent that Mr. Martinez has articulated a platform for his candidacy, he plans to double down on the failed war on drugs and to seek longer prison sentences for non-violent drug offenses. He is a non-starter for many progressives and people of color because of his role in overseeing a sting operation that primarily targeted racial minorities for low level offenses while he was serving as US Attorney. 

In these difficult times, when our community is shaken by scandal and mistrust of the government and the criminal justice system are understandably rampant, we cannot afford to have either of these individuals represent the interests of the State in criminal proceedings in Bernalillo County.

I’ve spent the past 11 years working as an attorney with the public defender’s office, working on the front lines to bring our impacted communities the justice and support they deserve. Over the past decade, I’ve witnessed the values of our community in action – I know that we all aspire to live in a safe, fair, and inclusive community where everyone is valued and treated fairly. I am the only candidate who is a political outsider, and the only candidate running on a platform of meaningful reform. The issues we face demand fresh ideas and a new leader at the DA’s office who will prioritize the safety and wellbeing of everyone by implementing evidence-based policies that will keep our communities safe and address the underlying causes of crime.  

CHRONOLOGY OF A SCANDAL

On January 19 the FBI raided the homes of three APD officers and the office DWI defense attorney Thomas Clear III who are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Five cops, including one lieutenant, have been implicated. District Attorney Sam Bregman ordered 198 DWI cases dismissed because of the scandal. No criminal charges have been filed and the FBI search warrants remain sealed.

The five APD officers who have been identified at the center of the federal investigation are:

• Lieutenant Justin Hunt
• Officer Honorio Alba, Jr.
• Officer Harvey Johnson
• Officer Joshua Montano
• Officer Nelson Ortiz

All 5 police officers were placed on paid administrative leave during the pendency of the federal criminal investigation.

On February 9 it was reported that APD Lt. Justin Hunt resigned from APD. He was one of five officers placed on leave. The police department confirmed Hunt worked in the DWI unit from 2011 to 2014. Review of cases dismissed revealed Hunt’s name came up in 18 DWI cases since 2011 with 15 of those were tossed out.  Court records also show Thomas Clear III, who advertises himself as a criminal defense lawyer, was Hunt’s attorney in a 2014 divorce.

On February 13, it was reported that Internal Affairs Division APD Commander Mark Landavazo was been placed on administrative leave as part of the department’s ongoing investigation into allegations of wrongdoing by DWI officers. Landavazo is the highest-ranking member of APD to be put on leave because of corruption allegations involving the prosecution of DWI cases and focusing on several APD officers and their interaction with staff of defense attorney Tom Clear.  Landavazo has been with APD since 2007, became commander of the Internal Affairs Division in 2021.

On Friday, February 17, it was reported that APD temporarily reassigned an Internal Affairs lieutenant who is being investigated amid an ongoing DWI corruption probe.  APD spokesman Gilbert Gallegos did not identify the lieutenant but said he is “not currently accused of participating in the alleged DWI scheme being investigated by the FBI.”  He said APD is looking into allegations against the lieutenant that are somehow tied to the “the conduct of current and former DWI officers.” Gallegos did not elaborate.

https://www.abqjournal.com/news/apd-internal-affairs-lieutenant-under-investigation-related-to-dwi-corruption-probe/article_f1617b5e-cd24-11ee-b271-2b2f3348ba6c.html#tncms-source=home-featured-7-block

On Friday, February 2, APD Chief Harold Medina held a press conference to address the “ongoing administrative investigation” involving  the dismissal of DWI cases and the 5 police officers implicated in the DWI dismissal scheme. Medina said this:

“We are looking at everyone in the department who may have had a role in the alleged scheme among DWI officers.”

Medina announced he chose Commander Kyle Hartsock, who oversees APD’s Criminal Investigation Bureau, to head up the investigation into the five officers.  Medina said Hartsock, who previously worked for the Bernalillo County Sheriff’s Office and the District Attorney’s Office, has an “outside perspective with no ties to current or former DWI officers.”  Medina also said he has “hand chosen” the group to investigate made up of Hartsock and Deputy Commanders Josh Hawkes and Ken Johnston and none have any history with the DWI unit.  Medina said Hartsock has daily calls with the FBI and passes along any criminal findings to the federal agency as the internal probe continues.

THE GRAND JURY PROCESS

It is local law enforcement that investigate felony cases and the forward those cases to the District Attorney for review and final determination of charges. In Bernalillo County, criminal felony cases are investigated by the Bernalillo County Sheriff’s Office, the Albuquerque Police Department or the New Mexico State Police. The law enforcement agency collects and gathers evidence, interviews witnesses and prepares final reports. Once those cases are investigated by the law enforcement agency, the final reports are forwarded to the District Attorney for review and a determination of charges.

It is the duty and responsibility of all District Attorneys to schedule criminal cases before the grand juries convened to bring felony indictments. In Bernalillo County, a designated District Judge oversees and convenes grand juries. The legislature provides the funding to convene grand juries.

There are two major Rules of Criminal Procedure for the District Courts that deal with the convening of grand juries and grand jury investigations.

NM STAT § 31-6-1 (2021)

It is New Mexico statute § 31-6-1 that governs the convening of grand juries. It provides in part:

“The district judge may convene one or more grand juries at any time, without regard to court terms. A grand jury shall serve for a period of no longer than three months. The district judge shall summon and qualify as a panel for grand jury service such number of jurors as he deems necessary. Each grand jury shall be composed of twelve regular jurors and a sufficient number of alternates to insure the continuity of the inquiry and the taking of testimony.”

https://law.justia.com/codes/new-mexico/2021/chapter-31/ak[[rticle-6/section-31-6-1/

RULE 5-302.3

Under Article II, Section 14 of the New Mexico Constitution, a State  District Court can  order a grand jury to convene upon the filing of a “citizens petition” to investigate criminal conduct or malfeasance. It is Rule 5-302.3 of the New Mexico Rules of Criminal Procedure that provides for the convening a citizen grand jury by petition.

Under amended rule 5-302.3, which became effective December 31, 2023,  the district court shall order a grand jury to convene on the filing of a petition to investigate criminal conduct or malfeasance proscribed by state law that is signed by not less than the greater of two-hundred (200) registered voters or two percent (2%) of the registered voters of the county.

The district court must make both a factual determination that a citizen petition to convene a grand jury meets the procedural requirements of Article II, Section 14 and a legal determination that the petition seeks a legitimate inquiry into alleged criminal conduct or malfeasance proscribed by state law.

The petition to convene a grand jury must identify with reasonable specificity the alleged criminal conduct or unlawful malfeasance to be investigated. The district court must determine whether the petition seeks to investigate conduct that lies within the permissible scope of grand jury inquiry. If the petition does not reasonably specify alleged conduct that, if true, would warrant a true bill of indictment, the district court must deny the petition.

On the filing of the petition, the district court shall assign the district attorney or the district attorney’s assistants, unless otherwise disqualified, to assist the district court in notifying the target of the grand jury petition and, if the grand jury is convened, in carrying out the duties of the grand jury.

If a target of the potential grand jury investigation is identifiable in the citizen petition, the prosecuting attorney assisting the district court shall use reasonable diligence to notify the target in writing no later than thirty (30) days before the scheduled hearing on the validity of the petition.

The rule provides for additional requirements of notification.

https://law.justia.com/codes/new-mexico/2021/chapter-31/article-6/section-31-6-1/

HISTORY OF SPECIAL GRAND JURY INVESTGATIONS AND CHARGING APD POLICE OFFICERS

In Bernalillo County there is a well-established history of the Bernalillo County District Attorneys requesting grand jury time to conduct special criminal investigations.  Over the years, those investigation have included voter registration and fraud cases, investigation of the Albquerquerqu Air Port observation deck scandal in the 1990’s for violations of city and state purchasing laws and no bid contracts based on a state auditor’s report finding wrong doing, and the investigation of the mishandling of child abuse cases by the Children, Youth and Families Department in the 1980’s. (Former Assistant District  Attorney and Chief Deputy District Attorney Pete Dinelli was involved with the prosecution of  these cases.)

There is also a history of the Bernalillo County District Attorney charging  APD officers with serious crimes. In the 1980’s, three APD officers (Davis, Baily and Hobson)  were indicted for committing robberies and crimes while on duty and patrol and then taking the calls for service.  (Former Assistant District Attorney Pete Dinelli presented evidence against the 3 APD officers in the case to the grand jury.)  In 2015, APD Police Officers Dominique Perez and Keith Sandy were  charged with second-degree murder for the killing of homeless Camper James Boyd’s on September 20, 2016.  A Special Prosecutor was appointed. Now District Attorney Sam Bregman defended Keith Sandy and the trial ended with a hung jury and no convictions.

COMMENTARY AND ANALYSIS

With the appointment of an APD criminal investigation team, the resignation of Lt. Justin Hunt from APD and the placing of Internal Affairs Commander Mark Landavazo as well an unidentified Lieutenant on administrative leave as part of the department’s ongoing investigation, it safe to assume that the federal investigation is expanding.  There is a real possibility that more police officers will be implicated in the scandal. It is more likely than not that the Federal investigation will lead to more than a few indictments. However, even if the federal investigation ends with federal indictments, there will be the manner of likely state criminal charges that must be dealt with, if at all.

The Bernalillo County District Attorney plays a critical role in the oversight of law enforcement and is considered the chief law enforcement officer of the county. What is  difficult to accept is how APD is conducting its own investigation, cooperating with the federal investigation and turning over whatever it finds to the feds. APD should also be turning over all of the same information and evidence to the Bernalillo County District Attorney. The District Attorney must review and screen all felony criminal cases that have occurred in the county and investigated by all law enforcement agencies, including the Albuquerque Police Department, the Bernalillo County Sheriff’s Department and the New Mexico State Police.

Ultimately, it is the Bernalillo County District Attorney that has the exclusive authority to decide what state charges are to be brought based upon the investigations done by the law enforcement agencies. Crimes committed by law enforcement officers in the county are also prosecuted by the District Attorney.  The problem has always been that District Attorney are always reluctant to investigate and prosecute law enforcement, even for serious felonies, proclaiming conflicts and the need to work with local law enforcement.

Who ever is elected Bernalillo County District Attorney come November 5, they should request the scheduling grand jury time from the District Court to exclusively investigate the Albquerquerqu Police Department and the APD-DWI dismissal bribery scandal. Another area that merits investigation is APD’s chronic overtime pay abuse. There have been no less than 7 audits documenting the corruption, waste, fraud and abuse in APD police overtime over the past 8 years with one audit done by none other than former State Auditor Tim Keller. Many of those audits have been forwarded to the Attorney General and nothing ever became of them. Those audits could be relied upon by the District Attorney to bring charges. The grand jury  investigation could be based upon APD’s Internal Affairs Investigation, city and state audits already performed on APD overtime pay abuses with reliance also on  the Federal investigation as well as APD’s own Internal Affairs Investigation and the investigation by the appointed team.

A second option that exists if the District Attorney is reluctant or resists initiating a grand jury investigation is the public could seek the convening of a special grand jury by citizens petition which is far more realistic than people may believe. Ten years ago is was sure public outcry that brought the Department of Justice (DOJ)to Albuquerque to investigate the Albuquerque Police Department and its use of force and deadly force and the rash of police officer involved shootings. The DOJ did and investigation for over a year and found a “culture of aggression” within APD and the investigation resulted in the Court Approved Settlement Agreement (CASA) mandating implementation of constitutional policing practices.

All three candidates for Bernalillo County District Attorney pontificate just how bad the APD scandal is and how it has undermined the credibility of the APD. The 3 candidates running for District Attorney have yet to state whether or not they are willing to prosecute the state crimes associated with the APD-DWI bribery and conspiracy scandal. No doubt they will give the excuse that they want to wait until the Feds complete its investigation but that should not matter given the fact that APD is doing its own investigation and gathering evidence.  Ostensibly, APD is forwarding what it is finding to  the feds and not the Bernalillo County District Attorney. Not one of the 3 candidates for Bernalillo County District Attorney has actually said what they intend to do to deal with or investigate and perhaps even prosecute APD police offers who have violated New Mexico state law no doubt concerned about the  APD police union and its endorsement.

____________________________________

POSTSCRIPT

The link to a related blog article is here:

Dismissal Of 152 DWI Cases In APD Scandal And Campaign Contribution Become Issues In Bernalillo County District Attorney Race; DWI Victim Rights Advocates Raise The Alarm Over Dismissals; Dismantle and Reconstitute DWI Unit  

 

Albuquerque City Councilor Louie Sanchez has made it known that he intends to introduce a city council resolution to remove and terminate APD Chief Harold Medina for cause. The WHEREAS recital provisions of the Resolution identifies numerous and specific instance of mismanagement of APD by Chief Harold Medina as well as  the ongoing federal investigation of the APD DWI Unit and the bribery and conspiracy scheme with a prominent criminal defense attorney.

Sanchez released to www.PeteDinelli.com the following proposed city council resolution he will sponsor and  introduce at the next city council meeting:

                                                     RESOLUTION

REMOVING POLICE CHIEF HAROLD MEDINA FOR FAILURE TO LEAD THE ALBUQUERQUE POLICE DEPARTMENT

WHEREAS, Harold Medina is the Chief of the Albuquerque Police Department (“APD”); and

WHEREAS, when Medina was appointed to his position, it was due to the abrupt departure of the previous Chief; and

WHEREAS, effective leadership of the Albuquerque Police Department is critical to the safety and wellbeing of the residents of the City of Albuquerque; and

WHEREAS, a federal investigation into multiple APD officers has resulted in the dismissal of more than 150 active DWI cases; and

WHEREAS, this investigation appears to show unchecked corruption within the Department; and

WHEREAS, these allegations of widespread corrupt actions by APD officers undermines the confidence of the community in the entire department; and

WHEREAS, the profound lack of leadership, which allowed such corrupt activities to transpire, unfairly tarnishes the reputation of upstanding officers, who through no fault of their own are associated with this terrible behavior; and

WHEREAS, Medina’s mismanagement of the Albuquerque Police Department is evidenced by numerous tragedies and scandals, such as:

1. A police cadet was killed in a murder-suicide following reports of an affair taking place during her training at the police academy that APD was aware of;
2. An academy class where seasoned instructors were moved because the son of a deputy chief attending the academy faced termination for untruthfulness;
3. APD’s Gang Unit was all but dissolved along with critical units such as the Narcotics and Vice units;
4. Record numbers of officers have resigned or retired, leaving the Department dangerously shorthanded;
5. Increased officer terminations;
6. Increased officer-involved shootings at the highest number in decades, if not in APD’s history;
7. Increased response times for 911 calls with some callers holding for hours while hundreds more calls sit unanswered; and
8. The highest number of homicides in two recent years with at least 328 people murdered on the streets of the City; and
9. At least two lawsuits pending against the City and APD, each claiming the wrongful death of family members who suffered from mental illness.

WHEREAS, these tragedies reflect serious failures in leadership and an institution in dire need of intervention; and

WHEREAS, Medina’s conduct is inconsistent with the requirements of his position as Chief of Police and his responsibilities and obligations to the City and its residents; and

WHEREAS, Medina’s conduct threatens the public health, safety, and welfare of the people of the City of Albuquerque; and

WHEREAS, while the City Council has expressed concerns on numerous occasions about the leadership of the Department, there has been no apparent improvement in the administration of APD; and

WHEREAS, Pursuant to Article 5, Section 4(d)(1) of the Charter of the City of Albuquerque, “[t]he Police Chief . . . may be removed for cause by a vote of two-thirds of the entire membership of the Council.”; and

WHEREAS, Chief Harold Medina’s failure to lead the Albuquerque Police Department constitutes cause for removal.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

SECTION 1. Harold Medina is hereby removed from his position as Chief of the Albuquerque Police Department.

SECTION 2.  SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution.

The Council hereby declares that it would have passed this Resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.

EDITOR’S NOTE: The above Resolution is subject to possible additions, deletions,  modifications and amendments as deemed necessary by its sponsor City Councilor Loui Sanchez and other city councilors and  the city council as a whole.

CITY CHARTER PROVISIONS ON THE APPOINTMENT AND REMOVAL BY CITY COUNCIL OF CHIEF OF POLICE

It is article V. Section 4, of the Albuquerque City Charter which outlines the duties and responsibilities of the mayor and the appointment and the removal the Chief Administrative Officer, Deputy Administrative Officers, the Chief of Police, and the Fire Chief.

Section 4 of the City Charter entitled DUTIES OF THE MAYOR provides as follows .

“The Mayor shall:

 Organize the executive branch of the city;

    (b)   Exercise administrative control and supervision over and appoint directors of all city departments, which appointments shall not require the advice or consent of the Council except as provided in (d) of this Section;

   (c)   Be responsible for the administration and protection of the merit system;

    (d)   With the advice and consent of the Council, appoint the Chief Administrative Officer, any deputy administrative officers, the Chief of Police, and the Fire Chief. Appointees requiring the advice and consent of the Council shall be presented to the Council for confirmation within 45 days after the Mayor takes office or after a vacant appointed position is filled. When an appointee is presented to and not confirmed by the Council, the Mayor shall, within 60 days thereafter, nominate another person to fill the position, and the Mayor may continue to nominate until confirmation;

1.   The Police Chief or Fire Chief may be removed for cause by a vote of two-thirds of the entire membership of the Council.

The link to review the City Charter is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuqcharter/0-0-0-263

APD INVESTGATION TEAM ANNOUNCED

On Friday, February 2, APD Chief Harold Medina held a press conference to address the “ongoing administrative investigation” involving  the dismissal of DWI cases and the 5 police officers implicated in the DWI dismissal scheme. Medina said  “We are looking at everyone in the department who may have had a role in the alleged scheme among DWI officers.”

Medina announced he chose Commander Kyle Hartsock, who oversees APD’s Criminal Investigation Bureau, to head up the investigation into the five officers.  Medina said Hartsock, who previously worked for the Bernalillo County Sheriff’s Office and the District Attorney’s Office, has an “outside perspective with no ties to current or former DWI officers.”  Medina also said he has “hand chosen” the group to investigate made up of Hartsock and Deputy Commanders Josh Hawkes and Ken Johnston and none have any history with the DWI unit.  Medina said Hartsock has daily calls with the FBI and  passes  along any criminal findings to the federal agency as the internal probe continues.

Commander Kyle Hartsock for his part said this:

“We will ensure that any officer or any personnel belonging to the city of Albuquerque that was either involved in any part of this scheme, or knew about it and didn’t report it, will be held accountable.”

The link to the quoted news source is here:

https://www.abqjournal.com/news/albuquerque-police-outline-history-of-dwi-case-outcomes/article_31716d9c-c06b-11ee-84da-7fbcb7fceffb.html#tncms-source=home-featured-7-block

 DWI LIEUTENANT RESIGNS, INTERNAL AFFAIRS COMMANDER PLACED ON ADMINISTRATIVE LEAVE

On February 9 it was reported that APD Lt. Justin Hunt resigned from APD. He was one of five officers placed on leave. The police department confirmed Hunt worked in the DWI unit from 2011 to 2014. Review of cases dismissed revealed Hunt’s name came up in 18 DWI cases since 2011 with 15 of those were tossed out.  Court records also show Thomas Clear III, who advertises himself as a criminal defense lawyer, was Hunt’s attorney in a 2014 divorce.

https://www.kob.com/new-mexico/albuquerque-metro/albuquerque-police-lieutenant-resigns-amid-investigation-into-dwi-unit/

On February 13, it was reported that Internal Affairs Division APD Commander Mark Landavazo has been placed on administrative leave as part of the department’s ongoing investigation into allegations of wrongdoing by DWI officers. Landavazo is the highest-ranking member of APD to be put on leave because of corruption allegations involving the prosecution of DWI cases and focusing on several APD officers and their interaction with staff of defense attorney Tom Clear.  Landavazo has been with APD since 2007, became commander of the Internal Affairs Division in 2021.

Links to quoted news sources are here:

https://www.kob.com/new-mexico/apd-places-internal-affairs-commander-on-leave/

https://www.abqjournal.com/news/albuquerque-police-internal-affairs-commander-on-leave-in-dwi-corruption-probe/article_c7f57be8-cad7-11ee-8759-6710784486dd.html#tncms-source=home-featured-7-block

ABQ JOUNRAL SANCHEZ GUEST OPINION COLUMN

On Sunday, February 4, the Albuquerque Journal published the following guest opinion written by City Councilor Louie Sanchez. Sanchez represents District 1, Albuquerque’s Central West Side, on the Albuquerque City Council. The guest column outlines the failed leadership of Chief Harold Medina. It also provides grounds to remove Medina for cause.

Sanchez Column Headline: Lack Of Leadership Has Ruined Moral Within APD

BY LOUIE SANCHEZ, Albuquerque City Councilor

“Recent incidents involving the Albuquerque Police Department since last fall concern not just myself, but all citizens and residents of Albuquerque.

APD’s mismanagement is evidenced by a spectrum of tragedies and scandals. This past fall, a police cadet was killed in a murder-suicide following reports of an affair taking place during her training at the police academy that APD leadership was aware of: An academy class where seasoned instructors were moved because the son of a deputy chief attending the academy faced termination for untruthfulness. Instead, he weaponized the EEOC process at the advice of his father and was reinstated to the academy.

Under current leadership, APD’s Gang Unit was all but dissolved along with such critical units as the Narcotics and Vice units. Record numbers of officers have resigned or retired, leaving the department dangerously shorthanded.

It gets worse. More officer terminations followed with more officer involved shootings — the highest number in decades, if not in APD’s history. Response time for 911 calls increase with some citizens holding for hours while hundreds more sit unanswered.

The city saw the highest number of homicides in two recent years under this mayor and under his current police chief — at least 328 people were murdered on the streets of the city. At least two multi-million-dollar lawsuits are pending against the city and APD, each claiming wrongful death of family members who suffered from mental illness. Such shootings were among the very reason the DOJ came to Albuquerque.

These low-points, now a part of APD’s history, are, as Dr. James Ginger puts it, the result of poor leadership. Now a public corruption investigation by the FBI of APD officers threatens the integrity of entire department.

An immediate consequence of Chief Medina’s failures is the dismissal of over 150 DWI cases. All those offenders now skate on being held accountable for their alleged offenses.

Medina says he knew about their alleged misconduct but if that’s true, why had the DWI unit been praised by him throughout last year? Why did Chief Medina permit this to happen? Why was APD leadership caught off guard? Is it because cronyism thrives under Mayor Keller’s chief of police, or merit and performance are not valued but loyalty is?

I served 26 years with APD and never have I witnessed such failed leadership and integrity issues by any of APD chief of police. Now all APD is being painted with a broad brush of corruption and Mayor Keller and his appointed police chief are the prime examples of what you are not supposed to do as a leader.

Could it be that they are so occupied with patting themselves on the back that they were indifferent to such egregious misconduct in their own ranks? Could it be they are so consumed with spiking the football on their fictional belief that DOJ’s oversight is almost over?

Chief Medina seems to have missed the class on integrity. Lack of leadership and hypocrisy ruins morale. Now we have a city reeling from scandals and tragedies from its police department. These leadership failures are why Dr. James Ginger says he will not release APD from its mandates under the 2014 Court Approved Settlement Agreement.

These failures and tragedies reflect an institution in dire need of intervention. It’s time to recognize that failings of leadership have dire consequences for our city. We must work together to address these concerns and improve our quality of life.

We need to prevent the “Fall of Albuquerque.” We need change. It is time for Medina to resign or be replaced. Our honest, hardworking officers deserve better.”

https://www.abqjournal.com/opinion/opinion-lack-of-leadership-has-ruined-morale-within-apd/article_6fcc9978-c13c-11ee-beba-273bf33285e0.html

CHORNOLGY OF A SCANDAL

On January 19 the FBI raided the homes of three APD officers and the office   DWI defense attorney Thomas Clear III who are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Five cops, including one lieutenant, have been implicated. District Attorney Sam Bregman ordered 198 DWI cases dismissed because of the scandal. No criminal charges have been filed and the FBI search warrants remain sealed.

The five APD officers who have been identified at the center of the federal investigation are:

• Lieutenant Justin Hunt
• Officer Honorio Alba, Jr.
• Officer Harvey Johnson
• Officer Joshua Montano
• Officer Nelson Ortiz

All 5 police officers were placed on paid administrative leave during the pendency of the federal criminal investigation.

During the January 22 city council meeting, the APD bribery scandal was front and center as Albuquerque City Councilors expressed extreme frustration over that lack of transparency over the scandal and the failure of Mayor Tim Keller and his administration to brief them and advise them of the investigation before the FBI executed the search warrants. Several city councilors criticized the mayor’s administration and the police department with councilors going as far as to blame the entire situation on a lack of leadership by Mayor Tim Keller and  APD Chief Harold Medina.  Councilors complained that they were left totally in in the dark about the federal investigation and only learned of it through the news media reports.  Albuquerque City Councilor Dan Lewis summed it up best when he said  this:

“This investigation, it does appear to show some unchecked corruption within the department. And these are allegations that are widespread of actions by Albuquerque police officers. … To be honest, it’s the leadership of Chief Medina, the leadership of the APD brass, leadership of the [Keller] administration. These are the questions that we’re going to continue to ask and continue to talk about.”

On January 23, APD Chief Harold Medina and Mayor Tim Keller made the rounds to the 3 local news stations and gave the Albuquerque Journal exclusive interviews in an effort to explain the federal investigation the best they could and to spin away the criticism and taint of APD corruption leveled against them by the city council and the public. Chief Medina for his part proclaimed that the city council was “out of line” for demanding information and for exercising their oversight authority. Chief Medina called out City Councilor Louie Sanchez and Dan Champine who are retired cops saying they should know better and to not ask questions on pending criminal investigations.  Mayor Keller accuse the City Council of “unethical conduct” when he said “it’s marginally unethical for them to air these concerns” that may jeopardize the investigation by simply asking for information they are entitled to have in order to carry out their oversight authority.

On January 25, Albuquerque City Council President Dan Lewis and City Councilors Louie Sanchez and Dan Champine sent a letter to Chief Harold Medina asking him questions and demanding written answers on APD policies and procedures as they relate to the handling of DWI cases and what contributed to the dismissal of the DWI cases and which lead to the DWI bribery and conspiracy scandal. The City councilors also demanded the Chief Medina show up at the February 5 City Council meeting.

CHIEF MEDINA APPEARS BEFORE CITY COUNCIL, NO CONFIDENCE MOTION NOT CONSISDERED FOR LACK OF A SECOND

On February 5, APD Chief, Harold Medina appeared before the Albuquerque City Council and he answered questions. Initially, Chief Medina resisted appearing before the City Council to answer questions and suggested under advice of the City Attorney that he brief the City Council and answer questions in private and during an executive session of the City Council.

During the city council meeting, APD Chief Harold Medina made it clear he would not answer questions about the ongoing investigation.  As a result, city councilors were relegated to questions about the department’s procedures in confirming police officers were attending court hearings and discipline surrounding officers missing court appearances which is at the center of the FBI investigation. Medina was asked how many missed court hearings is too many before disciplinary action is taken.  Medina said it’s a case-by-case basis, including the reason why the officer didn’t show up. He also said the department currently does not have a database to track how many times an officer misses court appearance.

City Councilor Louie Sanchez took issue with Medina’s answers. He said as a former APD officer, he knows hearing schedules are public record, and anyone can look up when cases are dismissed because an officer was a no-show. City Councilor Louie Sanchez said he did not understand how the police department did not catch what was going on sooner. Sanchez told Medina this:

“Know who’s missing court and who isn’t missing court, it’s not the responsibility of the DA’s office; it’s not the responsibility of the individual. It’s not the responsibility of the citizens out here, it’s your responsibility.”

Medina responded saying APD does no have the manpower to check those appearances.  Medina said this:

“We have never had the staffing to look up every case in newmexicocourts.com. Today for example, there are 547 cases in the system for the Albuquerque Police Department. Historically, we have relied on other entities to relay information to us that an officer has missed court. Given the fact that individuals are not going to be able to do that, we can do it, but it would be very time intense”. 

Medina said APD would need about 20 full time staff to track and manage a database on Court appearance by APD cops. Medina said this :

“As of this moment …  we don’t have agreements with any of the entities [to share the data] that we are working with. We never have had one, this is the way the system has always worked and that is what we are working on right now.”

Those entities include the Bernalillo County District Attorney’s Office. Medina said prosecutors were supposed to send them notifications when an officer missed court.  Medina’s response about the DAs office prompted Councilor Sanchez to read the letter from District Attorney Sam Bregman’s office saying it was never the DA’s job to report officer no-shows. Instead, it was a courtesy.

Other councilors said while it’s obvious something needs to change, but they said they are not sure they had enough information to move forward yet. City Councilor Brook Bassan said this:

“Until the FBI comes back and giving us some solid answers and solid evidence, I am going to refrain from comment or judgment beyond this moment in time.”

City Councilor Dan Champine, who is a former APD officer asked about the status of the DWI unit since this investigation started. Medina said there’s no longer a DWI unit, but APD is still handling DWI cases.

At the conclusion of Medina’s questioning, City Councilor Louie Sanchez moved for a vote of “No Confidence” in  APD Chief Medina but the motion  failed to get a second and therefor it was not discussed or debated.

After the motion “vote of no confidence” failed,  Staci Drangmeister, spokesperson for the mayor’s office  issued the following statement:

“Councilor Sanchez’s failed attempt to call for a vote of no confidence shows just how out of touch he is with our community and the rest of the council. Even worse, he is trying to punish Chief Medina as he is exposing corruption and working with the U.S. Attorney and FBI to support their investigation. Fortunately, the other eight members of the council showed they are interested in finding justice for victims of DWI.”

https://www.kob.com/new-mexico/city-council-set-to-talk-about-investigation-into-apd-dwi-officers/

https://www.koat.com/article/police-harold-medina-albuquerque-city-council-meeting/46654024

https://www.krqe.com/news/albuquerque-metro/city-council-questions-apd-chief-over-tracking-of-officers-missed-court-appearances/

COMMENTARY AND ANALYSIS

With the appointment of an APD criminal investigation team, the resignation of Lt. Justin Hunt from APD and the placing of Internal Affairs Commander Mark Landavazo on administrative leave as part of the department’s ongoing investigation, it safe to assume that the investigation is expanding.  There is a real possibility that more police officers will be implicated in the scandal. It is more likely than not that the Federal investigation will lead to more than a few indictments. Then there is the matter of APD being under a Federal Consent Decree for the last 9  years and being required to implement 271 reforms. It is likely the scandal will result in  Federal Monitor James Ginger  finding that APD’s compliance levels are no longer near the compliance levels of 95% as he found in his 18th Federal Monitors report leading to great hope that the dismissal of the Court Approved Settlement Agreement was in reach.

The Resolution to terminate Chief Medina is a natural extension and exercise of the Albuquerque City Council’s oversight authority over APD as well as the Chief of Police.  Ever since this scandal broken on January 19 with the execution of the search warrants, APD Chief Harold  Medina has been in full “politcal  spin cycle” mode of “pivot, deflect, take credit and lay blame”.  Medina has blamed the District Attorney’s Office for not giving APD notice of officers failing to appear as well as blaming the Public Defender’s office for being aware of what attorney Clear was doing. Medina takes credit for the investigation and taking action to hold people accountable for the corruption when it was in fact the federal investigation that forced his hand after he allowed the problem to fester.

It was sure arrogance by Chief Medina proclaiming that the city council was “out of line” for demanding information and exercising their oversight authority. It is Medina who showed contempt and insubordination to the elected city council by calling out the 2 city councilors who are retired cops saying they should know better and to not ask questions of the Chief on pending criminal investigations.

It was appalling when Mayor Keller accused the City Council of “unethical conduct” by saying “it’s marginally unethical for them to air these concerns” that may jeopardize the investigation by simply asking for information they are entitled to have in order to carry out their oversight duties and responsibilities over APD.

Keller and Medina have made more than a few stunning admissions. They admit that the APD bribery and conspiracy scheme went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

Both admitted that only after they found out the FBI was investigating APD, the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption as far back as December 2022 when APD first received a complaint related to the department’s DWI unit yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption. Both have looked the other way on documented corruption involving overtime pay abuses by police officers. There have been 7 audits in eight years documenting the corruption, waste, fraud and abuse in police overtime.

APD’s reputation has been trashed to a major extent by the scandal. APD will be viewed by many as having another bastion of “dirty and corrupt cops” who have brought dishonor to their department and the department’s professed values of “Pride, Integrity, Fairness and Respect.” The whole scandal places an ethical stain on the department that may never be removed. This is before any charges have been filed, before anyone is fired from APD and before we ever know who is responsible.

QUESTIONS NEEDING ANSWERING

The public must demand that there be a thorough investigation of the police officers involved in the crimes and the APD command staff who should have known what was going on.  Once the Resolution is introduced, City Council President Dan Lewis should refer it to the Committee of the Whole.  The City Council should call upon the City’s Internal Audit Department as well as the City’s General Council to investigate what has happened and present their findings. A series of hearing should be held to allow the city council conduct open, public hearings and be briefed on what is going on in general terms on what’s being done.

It is clear that he Albuquerque City Council should demand a full audit of APD by the Internal Audit Department or the Inspector General and of overtime paid to the police officers implicated. There are at least 3 unanswered questions that must be addressed by the investigation:

1. Did APD Chief Harold Medina, the Deputy Chiefs or Commanders, Lieutenants or Sergeants withhold information about the DWI Unit from the Federal Court monitor believing they could contain the scandal and resolve it on their own? Full compliance and dismissal of the Department of Justice Court Approved Settlement  Agreement (CAS)  will likely be affected by the scandal. What is downright pathetic is how hundreds of DWI cases were dismissed and went totally undetected by the Federal Monitor.  It’s hard to believe that no one reported the problem to the monitor and his auditing team.
2. Exactly what remuneration was paid by the defense attorney to the cops to get the cases dismissed? Was it cash or some other benefit paid, such as airline tickets, high end tickets to sporting events or entertainment event tickets or lavish trips?
3. The police union contract mandates the payment of a minimum of two hours overtime pay at “time and a half” for schedule court appearances. Did the accused police officers claim time and a half for court appearances that they never attended, or agreed not to attend, as they were paid by the defense attorney?

CONCLUSION

Mayor Tim Keller and Chief Medina must be held accountable and responsible for what has happened. Until Mayor Keller and his administration, and for that matter the City Council, take aggressive action to deal with this latest APD crisis, APD’s professed values of “Pride, Integrity, Fairness And Respect” are meaningless words on a wall. The first step to restore APD’s reputation and some level of public trust in APD  is the immediate termination of Chief Harold Medina by the Albuquerque City Council.

On February 12, the New Mexico State Senate passed House Bill 129, Firearm Sale Waiting Period Crimes, on a 36-32 vote. The bill would require a seven-day waiting period for gun purchases, with a few exceptions. The House voted to accept amendments added by the NM Senate and the Senate Judiciary Committee. The measure has now been forwarded to the Governor Office where Governor Michelle Lujan Grisham is expected to sign it.

Supporters of the bill argued that it closes a loophole that allows firearms to be sold before the buyer’s background check comes back, and could provide a “cool-off” period for people in emotional distress. New Mexico would join several other states that have also adopted waiting periods, although the length varies greatly.

Adopting Senate amendments to the bill was the last major hurdle to the bill’s passage. The House passed the Senate amendments on a 36-32 vote.  The bill’s most significant change since the House voted in favor of the measure on February 2 is that the waiting period was cut in half from 14 days to 7 days.

Both the Senate and the Senate Judiciary Committee added several amendments carving out exceptions to the waiting period. Law enforcement agencies and people with federal firearm licenses or concealed carry licenses would be exempt from the waiting period. People selling a gun to an immediate family member or a law enforcement officer selling to another officer would also be excluded.

Changes were made to the bill’s secondary waiting period. That period is triggered if a background check isn’t returned within seven days. In the original legislation, if a background check hadn’t been returned within 30 days, the seller could release the firearm to the customer. That number was cut down to 20 days. If the background check is returned after the seven-day waiting period but within those 20 days, it can immediately pass to the buyer.

Several Republican representatives voiced objections to the bill itself. Rep. Stefani Lord, R-Sandia Park, said she was concerned about the effect of a delay on gun shows. Others expressed dismay that an amendment that would allow people with an order of protection against another person to bypass the waiting period failed in the Senate.

Some representatives argue there should have been more exemptions. State Rep. Stefani Lord said this:

“But the biggest thing for me on top of everything else Mr. Speaker … [is]  the fact that they didn’t allow the exemption for survivors of domestic violence. I think if you come in and have a restraining order, you are scared for your life, you are not living with this person, you are afraid they are going to kill you, you don’t have the opportunity to bypass that.” 

Thus far, the 7 day waiting period is the only gun control measure supported by Gov. Michelle Lujan Grisham that has passed. Other bills  making their way through the Legislature include a bill to keep guns out of polling places which has passed the Senate floor in late January and has passed the House Judiciary Committee. It needs to pass the House floor before being signed into law. A bill to increase the penalty for felons in possession of firearms passed the House floor on Saturday and is now referred to the Senate Judiciary Committee.

Links to quoted news sources are here:

https://www.kob.com/new-mexico/bill-to-impose-waiting-period-for-gun-sales-in-nm-heads-to-governors-desk/

https://www.abqjournal.com/news/gun-bill-headed-to-governor-includes-7-day-waiting-period/article_bf40c77e-ca22-11ee-8e0e-df3aa5da01c7.html#:~:text=A%20bill%20that%20would%20require,for%20people%20in%20emotional%20distress.

MEASURES PASSED IN SENATE

On February 12, the Senate passed the following House and Senate Bills:

House Bills 2 and 3, the General Appropriation Act of 2024, passed on 31-10 bipartisan vote. The  $10.22 billion budget sets aside dollars for state government to operate in fiscal year 2025, including for education, public safety, the environment and health care. It’s a $36.1 million increase from the House version of the budget.

House Bill 252, Adjust Income Tax Brackets, passed the Senate on 26-13 vote.   Tax credits and changes included in the tax package including are clean energy credits and reduced personal income tax.  There is no increase to the alcohol excise tax for alcohol treatment and addiction services with tax having  failed

House Bill 193, Law Enforcement Retention Disbursements, passed the Senate on a 38-0 vote. This bill will  change the Law Enforcement Retention Fund for better recruitment  and retention of  law enforcement officers. Lawmakers removed the $1 million appropriation originally included in the bill because it is part of the budget that passed. The House Bill passed  the Senate with no changes and it  it now goes to the governor for her signature to become law.

Senate Bill 146, Hospital Acceptance of Health Plans, passed the Senate on a 21-16 vote. This bill would require county hospitals and contracting hospitals to provide affordable payment plans under certain circumstances, such as if a provider is the only one in the county who can provide life-saving treatment or if the patient is uninsured. The bill now goes to the House for further consideration which is not likely given that only 2 and a half days remain in the session

MEASURES PASSED IN THE HOUSE

On February 12, the House passed the following House and Senate Bills

House Bill 182, Election changes, passed the House on a  38-28 vote. This bill aims to target the effect of artificial intelligence on elections. The bill would require a disclaimer for campaign materials made using “materially deceptive media.” That includes images, video or audio made using artificial intelligence that show a candidate saying or doing things they didn’t actually do,  often referred to as  a “deepfake”,  that is distributed without that person’s consent.  Violating the disclosure requirements would be a misdemeanor; a second offense would be a fourth-degree felony.

House Bill 190, Public Private Partnership Agreements, passed the House on a  56-9 vote. The bill would allow for public and private partnership agreements on certain infrastructure projects, including broadband, electric vehicle charging stations and road construction. Several representatives said the partnerships could fast-track work on construction projects. Rep. Matthew McQueen, R-Galisteo, introduced two amendments. Although one failed, another, which would prohibit public officials who received campaign donations from a private company from participating in the process, was successful,  avoiding a “pay to play” schemes.

House Bill 165, Pharmacy Provider Reimbursement, passed the House on a 66-0 vote. The bill would allow independent and local pharmacies to reap the same reimbursement rates as corporate pharmacies from Medicaid managed care organizations. Proponents say it would put small pharmacies on the same playing field as Walmart, CVS and other big box pharmacies. Several representatives shared stories about small pharmacies closing in their communities.

House Bill 303, TANF Funds Workforce Pilot Program, passed the House on a 41-13 vote.  The bill would offer stipends for program costs and living expenses to people enrolled in accredited workforce training programs. Participants would be eligible for stipends up to $1,000 per month for up to a year. The adult education pilot program would last for three years with annual reporting to the legislative finance committee.

House Bill 181, Life & Health Insurance Guaranty Act Changes, passed the House on a 61-1 vote. This bill would expand the Life and Health Insurance Guaranty Association Act, which was intended to protect consumers if their insurance provider goes into debt. The changes would expand membership to include people using health maintenance organizations to cover their health care.

House Bill 186, Car Crash Reporting Damage Amount, passed the House on a 62-0 vote. Car accidents would only have to be reported to the New Mexico Department of Transportation if $1,000 worth of property damage occurred. Currently, the threshold for a written report, which was last changed in 1991, is $500.

House Bill 239, Cannabis as Prison Contraband, passed the House on a 57-4 vote. The bill would add cannabis to a list of prohibited contraband in correctional facilities. If cannabis is not prescription or isn’t brought into the facility through “regular channels,” it could be a felony crime to possess in New Mexico jails or prisons.

House Bill 130, Cloud Seeding Pilot Program, passed the House on a 61-6 vote.  The bill would create a 3-year “cloud seeding” program – a weather modification program with the goal of increasing precipitation. The Department of Agriculture, in partnership with the Roosevelt Soil and Water Conservation District, would oversee the project, which aims to address drought, increase water supply and mitigate the effects of climate change in the state, according to the fiscal impact report. The proposed budget  sets aside $1 million to the program.

Senate Bill 159, Higher Education Trust Fund, passed the House on a 43-18 vote. The bill would create a trust fund to cover tuition and financial aid programs for students at higher education institutions in the state.

Senate Bill 137, School Board Training, passed the House on a 42-17 vote. The bill would require new school board members to go through ten hours of training in ethics and school personnel, public school finance, open meetings and public records, governance and supervision and student achievement and support services. It would also prohibit new school boards from terminating superintendents, or extending their contracts, shortly after the election or appointment of a new school board.  All candidates for school boards would be required to report $1,000 or higher campaign contributions. Currently, only candidates in large school districts – 12,000 or more students – that have contributions and spending above $500 have to report those donations to the Secretary of State.

https://www.abqjournal.com/news/mondays-capitol-recap-heading-into-final-phase-of-the-legislature/article_7ec251ba-ca11-11ee-88d9-eb540be37d8a.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYS

The 2024 New Mexico legislative session ends on February 15 at noon. There are 394 separate House Bills, 317 separate Senate Bills, 18 Senate Joint Resolutions, 15 House Joint Resolutions, 56 House Memorials and 12 Senate Memorials for a whopping 780 bills and memorials that were introduced for consideration. Before any bill can become law, it must go through the committee process of each chamber, and if amended referred back to the originating chamber to approve changes, and be enacted by both chambers and even then, it could be vetoed by the governor. Needless to say time is running out on the passage of most if not all of the remaining legislation that has passed only one chamber.

A listing and the status of all the legislation here:

https://nmbilltracker.com/allbills

The link to the blog article on the passage of the 2024-2025 budget is here:

2024 NM Legislative Update: Senate Passes Budget With 31-10 Bipartisan Vote; Goes Back To House For Concurrence; Always “Saving For Rainy Day” While Simply Ignoring Present Day Demands; Session Ends February 15 At Noon

On January 31, halfway through the session, the New Mexico House of Representatives voted 53-16 to send its nearly $10.2 billion 2024-2025 budget spending plan to the New Mexico Senate for approval and further amendments.

On February 11, the Senate Finance Committee approved House Bill 2 which is the $10.22 billion state budget enacted by the House passing the measure on a 9-0 vote with two committee members absent. It was then sent to the full Senate for final approval.  Among the items included in the budget approved by the Finance Committee is the allocation of $220 million from the general fund for road maintenance and beautification. Along with Senate Bill 300, which would add about $527 million, to the total of new money for the two items could be $747.8 million, which would be a record high.  Other items the amended House Bill 2 include:

• Increase the amount seniors and disabled veterans can receive per month in SNAP benefits from $25 to $100.
• Contribute about $25 million that would go toward police and corrections recruitment and retention, $20 million for state and local volunteer fire department recruitments and $11 million for emergency medical services.
• Impact school meals, adding $20 million and making it a recurring expense

On February 12, the full New Mexico Senate passed House Bill  2 on a  31-10 bi-partisan vote. House Bill  2 creates a $10.18 billion 2024-2025 Fiscal Year state budget. It is a 6.5% increase in recurring funds from last year’s  2023-2024 fiscal year.  Senate amendments added $31.6 million to the House version of the budget that passed. Including the “feed bill”, an administrative measure to fund the Legislature, the drafted budget sits at just more than $10.22 billion. That’s nearly 7%, or $653 million more, than fiscal year 2024.

The bill contains 30% to be held in reserves for future possible deficits for when there is an expected downturn in oil and gas revenues which funds 40% of the state budget.  Some Senators argued that the state should have used some of the extra funds for projects now instead of placing them in reserves to cushion for future possible deficits.

BI-PARTISAN SUPPORT

The proposed spending plan receive bi partisan support  from Democrats and Republicans, even from those who have not voted for proposed budgets multiple times in the past. Many senators said there are protections in the latest budget, such as those affecting trust funds and reserves, which will help protect New Mexico when the currently booming oil and gas industry faces a downturn. Oil and gas dollars fund a significant portion of the state’s general fund.

Sen. Gerald Ortiz y Pino, D-Albuquerque, said he felt more could have been spent on current needs and objected that the budget takes money from the Temporary Assistance for Needy Families Block Grant. Ortiz y Pino said this:

“If we spent a little more investing in now, we might not have so many needs in the future. … On the other hand, this is where we’ve got to budget before us, it’s the expense of a lot of things that I think are valuable. … We could have used that TANF Block Grant money, which is 100%  federal money coming to the state for candidate recipients which could have used that, to expand the benefits and make life a little more bearable for the poorest among us.”

Sen. Bill Burt, R-Alamogordo, said that he would rather that some of the budget be saved rather than spent.

“I think this is a good budget and I think we should pass this budget,” Burt said. “I’m gonna vote for this budget. I haven’t for the last four or five years, and it has some problems, but I’m gonna vote for it… But until we also get serious about  down the road, we’ve got to look further than the next few years.”

Sen. Ron Griggs, R-Alamogordo, said this:

“I think what you have is a budget that’s workable. Could be better and we can argue that until the cows come home, but we got a budget that’s workable.”

EDUCATION FUNDING

The largest slice of the general fund would go to public schools, which are slated to receive about $4.3 billion next fiscal year. That includes more than $94 million to give a flat 3% raise to all public school employees, an amount that was trimmed by a Senate Finance Committee. Before public school employees were looking at a total average of 4% raises.  The version the budget approved by the  Senate includes $30 million for summer reading intervention programs, $14 million for early literacy and reading support and $5 million to train secondary educators in the science of reading.

PUBLIC SAFETY FUNDING

Public Safety also receive a significant increase in overall funding. State police officers would get a raise under the spending plan, becoming the highest-paid law enforcement agency in the state. Exact raises for individuals vary depending on their experience and position. The Senate Finance Committee amended the budget to include $25 million for recruitment of local law enforcement and correctional agencies.

TRUST FUNDS FOR THE FUTURE

Upon passage by the Senate, Democratic leadership issued the following statement on the budget:

“This budget transfers over a billion dollars from the general fund to a series of endowments and expendable trusts to support future spending on things like housing, conservation, water, and workforce development. If you include the higher education trust fund currently working its way through the process, then the legislature is ensuring that over $2 billion of the $3.47 billion in new money is secured to address future liabilities of the state. With additional legislation being worked on, we’re also looking at never having to bond capital ever again. We are truly securing our fiscal future for generations to come.” 

Senators boasted of the trust funds included in their approved budget saying the trust funds are way to safeguard dollars when oil and gas aren’t bringing in booming revenues for the state. The budget would send $1.3 billion from the general fund to endowments and expendable trusts. General fund reserves are  32% of recurring appropriations.

Not all lawmakers agreed with setting aside so much money for the future in trust funds.  During floor debate, Sen. William Soules, D-Las Cruces, asked if lawmakers are so afraid for the future that they’re putting aside dollars for then and not today. He questioned how many children in New Mexico are in unsafe and unhealthy positions, and how many state agencies, such as the Supreme Court and the New Mexico Public Regulation Commission,  are underfunded. Soules said this:

“We have billions in savings and investments. But we have needs now.”

Sen. Gerald Ortiz y Pino, D-Albuquerque said there may be fewer future needs if lawmakers invest more dollars today rather than saving so much. He said more investment in housing is needed as well as into the CYFD or early childhood education.

Sen. Michael Padilla, D-Albuquerque, said the state is fully funded to keep going the free breakfast and lunch program the Legislature passed last year. He said he remembers when lawmakers had to take money away from school districts that were doing well in the past because of budget limitations. He said he hopes lawmakers won’t have to ever do that again.

Senator Bill Tallman, D-Albuquerque, said more discussion is needed on how the state can become more independent from oil and gas revenues. Tallman said this:

“I really don’t know what we’re going to be doing to diversify our economy, which is one of the most important issues we should be dealing with at the moment.”

Sen. William Burt, R-Alamogordo, agreed that booming oil and gas revenue won’t always be available to the state. He said lawmakers need to look at some of the less exciting factors of the budget, like retirement, to preserve the long-term future of New Mexico. Burt  said this: .

“We’ll never be able to cover everybody’s bases completely. …  We do absolutely the best we possibly can.”

BUDGET HIGHLIGHTS

Other  budget highlights include the following major appropriations:

• $1.2 billion for natural resources, housing and innovation
• $24 million to judicial branch agencies
• $7 million to support victim advocates, sexual assault victims and supplement federal grants for crime victims
• $11.7 million for the New Mexico Department of Health
• $1.96 billion to the Health Care Authority Department and $180 million for Medicaid
• $3 million for tribal health councils
• $19.6 million to expand Pre-K
• $4.43 billion in recurring funds for public schools
• $50 million to the tribal Educational Trust Fund
• $20 million to pilot and evaluate evidence-based strategies to improve the Children, Youth and Families Department
• The Higher Education Department will receive $1.3 billion in recurring funds
• $100 million to develop a strong workforce
• $10 billion to establish a new Green Bank
• $300 million in the Lands of  Enchantment Legacy Fund for water conservation, outdoor recreation, agriculture, and wildlife protection
• $150 million to the Department of Transportation for major infrastructure, maintenance and road improvements

The link to the quoted news source are here:

https://nmpoliticalreport.com/nmleg/senate-passes-budget-goes-back-to-house-for-concurrence/

https://www.abqjournal.com/news/budget-clears-state-senate-with-bipartisan-support/article_43c4fdde-c9f2-11ee-b9a4-87c26fe38e60.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/over-10-billion-proposed-house-budget-bill-passes-senate-committee/article_76385efe-c921-11ee-8094-6b77577abcc7.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

The Senate approved $2 billion of the $3.47 billion in new money  be placed in reserve funds and trust funds, representing a whopping  58% of the surplus funds. It’s very disappointing that the New Mexico State Senate is reluctant to take bold an aggressive action to address the state’s present and urgent needs and is  always “saving for a rainy day” while simply ignoring present day demands.   Sen. William Soules, D-Las Cruces, said it best when he asked if lawmakers are so afraid for the future that they’re putting aside dollars for then and not today. He questioned how many children in New Mexico are in unsafe and unhealthy positions, and how many state agencies, such as the Supreme Court and the New Mexico Public Regulation Commission, are underfunded. Soules said this:

“We have billions in savings and investments. But we have needs now.”

The 2024 New Mexico legislative ends on February 15 at noon. Talk about cutting it close. Two and a half days is not much time for the House to approve the budget as amended by the Senate.   It now goes back to the House to deal with changes made on the Senate side before it can be sent to the governor for line-item veto’s, if any, and signing it into law.