With the re-election of Mayor Tim Keller and a new Albuquerque City Council, there is a major controversy emerging within the city and on the Albuquerque City Council involving Mayor Tim Keller, his Planning Department and a few members of the Albuquerque City Council who want to enact blanket amendments to the city’s zoning laws known as the Integrated Development Ordinance (IDO). The IDO changes will mandate “upzoning” of all existing residential properties to the determent of residential property owners who will have no rights to contest or appeal the upgrading. Mayor Keller and City Councilor Tammy Fiebelkorn in particular argue mandated rezoning laws will address what they proclaim to be the city’s “affordable” housing crisis.

What is very disturbing is that overt efforts by organizations and supporters of upzoning are going to great lengths to disparage and attempt to discredit critics of upzoning amendments to the city zoning laws. They go to great lengths to try and influence and counter neighborhood association positions in opposition to upzoning. They have even undertaken to suppress opinions with censorship on social media outlets such as “NEXTDOOR.com” by having the neighborhood app. posts deleted. Consequently,  guest opinion columns in opposition to upzoning have been encouraged and submitted on the issue upzoning for publication on www.PeteDinelli.com.

HOLMAN GUEST OPINION  COLUMN

Steven Holman is a resident of City Council District 7 which the mid heights city council district. The district includes the uptown retail business district including the Commons, Winrock and Coronado Shopping Center. The District boundaries are generally Montgomery Boulevard on the North, I-25 on the West, Lomas on the South and Eubank on the East.

Steven and his husband Jesus decided to permanently set their roots in Albuquerque in 2023 and purchased their first home in the Bel-Air neighborhood. Their first home itself is a small 75 year old adobe-style home to which they’ve been making upgrades and repairs when they can afford them. They are both everyday working-class citizens who have overcome obstacles like poverty and homelessness to achieve their home ownership.

Steven is a strong believer in accountability in government, having been involved in progressive marches in Washington DC against the Iraq War, for Women’s reproductive rights, for Marriage Equality, and with the Occupy and BLM Movements. In writing this piece Steven and Jesus want the voices of local communities and their advocates to not be suppressed or silenced.

Steven Holman submitted the below guest column to be published on www.PeteDinelli.com. He was not compensated for it and his column is being published “free of charge” as a public service.

“The City Has Taken Underhanded Efforts To Forcefully Rezone Nearly All Single Family Properties; Homeowners And Community Groups Will Have No Recourse To Prevent Harmful Zoning; Property Taxes Can Be Raised”

BY: Steven Holman, Albuquerque Home Owner

The City Council agenda for 2026 is stacked with major amendments to the Integrated Development Ordinance (IDO) to allow “Upzoning.” What is harmful is that the City’s Planning Department with the Environmental Planning Commission have covertly slipped massive changes into their recommended IDO amendments sent to the City Council AFTER public notice, AFTER the ability to comment and AFTER their recommendations were officially documented in hearings.

The proposed changes if passed by the City Council would eliminate nearly all existing Single Family Zoning City-Wide and could allow for major property tax increases as a consequence.

THE UNDERHANDED ACTIONS OF THE PLANNING DEPARTMENT FAVORING DEVELOPERS

The Integrated Development Ordinance (IDO) is the city’s zoning laws. This document allows for amendments every two years. First they are voted upon by the Environmental Planning Commission (EPC), then must past the City Council Land Use Planning and Zoning Committee (LUPZ) before a final vote by the full 9-member City Council.

At the final Environmental Planning Commission (EPC) hearing on November 20, 2025, there were two small word changes to “ R-1 Single Family Zoning” contained in the amendments, but no change to the zoning outright.  Nothing was verbally addressed during the meeting either. No major changes were noted in the EPC’s written notice of final recommendations or in official documentation, in fact it still refers  to R-1 Single Family Zoning districts.

However, in the December EPC recommendations to City Council, there is now new language changing the R-1 Residential Single Family Zone District to R-L Residential Low Density. These changes accommodate the increased density of duplexes, triplexes, townhomes, and other housing options. The change in the amendment forces rezoning of most if not all Single Family properties across the entire City.

Two major points on this forced attempt at re-zoning need to be addressed as being detrimental to the public interest and existing homeowners:

1. The city has violated its own zoning laws by not following the Integrated Development Ordinance’s required process for notice to the public and to allow public hearings for input on proposed changes.

2. Communities and property owners would be deprived of their right to challenge harmful zoning laws and this change would favor private equity and developers in removing those rights.

When reaching out to City Planning Department, they stated the following:

“The editorial change is shown in the Post-EPC Redline, which is in transit to City Council for review and decision and posted online for public review. As the footnote explains, the change is a “ripple” of the EPC recommendation to allow duplexes and triplexes in the R-1 zone. As the 1 in R-1 signals 1 dwelling unit, the change recognizes that low-density (L) residential dwellings are allowed permissively.  City Council can introduce an amendment to reverse the editorial change or any other EPC-recommended change that is shown in the Post-EPC Redline.”

What this boils down to is that the Planning Department using their power to make small editorial changes in amendments instead decided they could just completely rewrite the entire amendment, forcing a zoning change city-wide. The excuse being given is that a City Councilor could strike it down in later hearings. The Planning Department is also attempting to justify the change by describing R-1 Single Family dwelling units as meaning single use, when city laws already allow for multiple uses in the previous legalization of Casitas.

The amendment changes make it even easier for developers and private equity investors to do what they want, where they want, and how they want because now they will not be required to apply for a zoning change and it will be a permissive use. The city would already have made the change for them, further removing the ability for residents and community organizations to have any input.

The legality of what the Planning Department has slipped through is highly suspect. The Planning Department’s actions will likely lead to a class action lawsuit against the city over the clandestine changes it is making to existing zoning laws, materially altering people’s existing property rights.

The City and the Planning Department by massively updating zoning amendments without following legal processes that require notice to the public and public hearings for input, have demonstrated their outright disrespect and disdain for communities and homeowners.

The city thought the public would not notice and would simply not care.  They were wrong. We definitely did notice.

INCREASED PROPERTY TAX IMPLICATIONS ARE A REAL DANGER

Besides forcing zoning changes on thousands of property owners city-wide, under New Mexico law the zoning changes would also remove the 3% personal property tax cap. That means properties across the city could be reassessed at market rate, which could lead to exponential tax increases for all real property owners and impacting senior citizens and low-income households the most.

The narrative from the city and other groups in allegiance with these zoning changes is that “you shouldn’t worry about your taxes going up, because they believe the Bernalillo County Assessor will simply reassess value based on property use alone.” They are asking you to simply trust that it won’t happen based on a hope, a wish, or a dream but there is absolutely NOTHING in writing as a guarantee. A recent class action lawsuit filed against the Bernalillo County Assessor by property owners, which includes former Bernalillo County District Attorney Kari Brandenberg, for wrongfully reassessing taxes proves that their interpretation is a fallacy.

There is NOTHING in legal language within the IDO amendments that could prevent Bernalillo County from reassessing properties when the 3% tax cap is removed due to these zoning changes. Since these kinds of mass zoning changes are unprecedented, the state law was never intended to address this type of situation.  As such, we need to oppose these kinds of mass zoning changes because of the dangers they present in usurping  laws that protect property owners like the 3% property tax cap.

This is also how you methodically and systematically force low-income people from their homes to gentrify communities. Low income people, especially senior citizens on fixed incomes, do not have the legal or financial resources to fight back against these kinds of decisions being forced upon their communities.

CONTINUED DISTORTIONS ABOUT HOUSING DATA AND THE ATTEMPT TO CONTROL THE NARRATIVE

Mayor Tim Keller, Councilor Tammy Fiebelkorn and the City, and various lobbying  groups declare the amount of general (not affordable) housing inventory needed varies from 55,000 units over 20 years which is based across 5 counties and on a rate of growth we aren’t experiencing, to the most recent quote of 30,000 units by 2040.  What none of them will address is how the city experiencing a reduction in population year over year actually leads to more inventory available and they are not acknowledging the city already has 125,000 to 150,000 “pre-platted” lots for residential development.

So why is there this push for “Upzoning” as a solution, when we already have the tools available to address the need?

It is because Mayor Tim  Keller and City Councilor Tammy  Fiebelkorn believe that a libertarian deregulatory free market handout to developers and private equity investors  will hopefully flood the market with a variety of densifying housing to lower costs.  Studies are beginning to prove this does little to address costs and promotes gentrification in low-income communities.

The issue with housing costs is largely due to the lack of elected officials having the backbone to regulate against price speculation, prevent the monopolization of apartment ownership by out-of-state investment companies like Greystar and end the purchasing of Single-Family Homes by real estate investment interests.

With the word getting out about the dangers of “Upzoning” and as more people contact their elected representatives and more community groups speak in opposition, the city and friends of “Upzoning” have recently turned to damage control tactics in an attempt to retake control of the narrative, including disparaging those who oppose upzoning.. Recent examples of the well scripted attempt to change perception include the following:

1. The Journal Opinion piece by the city’s Director of Economic Development Max Gruner.
2. The National Organization and Lobbyist group StrongTowns self-publishing about “IDO myths”
3. The Greater Albuquerque Association of Realtors (GAAR) published piece in support of “Upzoning”.

What is blatant in these attempts to change the narrative is how they are communicating. They are DICTATING what they believe should be done instead of LISTENING to communities and their needs. What this reflects is that their only concern is compliance instead of inclusion or collaboration.

Councilor Fiebelkorn‘s own hypocrisy and irony must also be called out. She has championed “Upzoning” while lifting up the National Non-Profit Lobbyist group StrongTowns.  However, during her last campaign for re-election she declared Greater Albuquerque Association of Realtors (GAAR) as “dark money” in supporting her write in opponent. Now that StrongTowns are quoting GAAR and are ideologically aligned with them in support of “Upzoning” you would think she would disavow the “dark money” now involved in “Upzoning.”

Let’s clear the air on what these changes and proposals for “Upzoning” have on tap for Albuquerque. The changes are:

• Forced rezoning city-wide on Single Family Homes that allows for higher property taxation, most impacting seniors and low income families.
• Removal of community notice, input, and self-determination.
• No guarantees against private equity/developer price speculation.
• No mandated affordable housing of any kind.
• No planning for water or environmental impacts.
• No measures against monopolization of apartment and rental ownership by major investment corporations.
• Removal of zoning restrictions that protect historic neighborhoods and sites like The Petroglyphs.
• No adoption of Anti-Displacement measures.
• No protection or resources for low-income tenants.
• No impact studies to determine racial inequity.

The fact that private equity and developers see dollar signs in our neighborhoods hasn’t changed. Forcing mass rezoning simply makes it easier to build, build, build!

A CALL TO ACTION

This is a call to action and your help would be appreciated!

On Monday January 5th, the new Albuquerque City Council will be meeting for the first time and will be electing its new officers. The city council will also be  receiving all the updated amendments from the Environmental Planning Commission (EPC) and the amendments  will  be sent to the City Councils Land Use Planning and Zoning Committee. Hearings before the City Council Land Use Planning and Zoning Committee could happen as early as January 14th.

Please reach out to your city councilor and demand answers to the following questions:

• Why wasn’t I given notice or the ability to provide comment on this newly proposed amendment changing my zoning?
• Why is there such a lack of transparency around these changes?
• Are you demanding an audit and the inspector general to investigate this potentially illegal amendment change?
• These forced zoning changes remove the 3% property tax cap and could have harmful effects on the taxes of just about everyone, so why is this being quietly pushed through and do you support it?

Most importantly do not be placated by excuses. Demand accountability and demand that these toxic proposals be investigated and not be enacted.

The emails to contact all 9 City Councilors and to voice your opinions are:

bbassan@cabq.gov

joaquinbaca@cabq.gov or bacajoaquin9@gmail.com

kpena@cabq.gov

nrogers@cabq.gov or district6@cabq.gov,

tfiebelkorn@cabq.gov

dchampine@cabq.gov

rgrout@cabq.gov

danlewis@cabq.gov

stelles@cabq.gov

Below is the link to our petition against the proposed amendments:

https://www.change.org/p/stop-the-exclusionary-upzoning-of-mayor-keller-and-councilor-fiebelkorn

Respectfully yours,

Steven Holman, Albuquerque Homeowner

DINELLI COMMENTARY AND ANALYSIS

The proposed amendments to the Integrated Development Ordinance are supposed to address the city’s so called “housing crisis” and to increase affordable housing. The term affordable housing is about as misleading as it gets. It is a term often used by politicians, elected officials and developers to promote their own personal or political agendas to gain support for their positions. When the term “affordable housing” is used by the politicians, elected officials and developer’s, what they actually mean is “subsidized government housing” also known as Section 8 federal subsidized housing.

EXISTING HOMEOWNERS CANNOT AFFORD UPZONING CONSTRUCTION COST

Mayor Tim Keller, his Planning Department and City Councilor Tammy Feibelkorn want to double or triple housing density in established neighborhoods over strenuous objections from property owners and neighborhood associations. They essentially are saying they  want “upzoning  development”  by existing residential property owners to increase density and allow casita, duplex development and townhome development in virtually every established neighborhood in the city. Ostensibly, they believe existing property owners can afford to build on their own properties whether they own the home outright or if there is a mortgage.

Residential  zoning covers 27% of the city’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built homes. It allows only single-family homes, which city officials say has contributed to exclusionary patterns and limits housing options for lower-income households. The new rezoning process is designed to loosen those restrictions and allow to double or triple housing development in established neighborhoods.

Two years ago, the Albuquerque City Council approved amendments to the Integrated Development Ordinance (IDO)  that allows for casitas to be built on virtually all existing residential lots zoned as R-1 of upwards of 120,000 homes. The city also offered pre-approved casita architectural plans. The city’s casita development plan has been a total failure with only 14 casitas approved to be built by the City Planning Department.

Simply put, the overwhelming majority of existing homeowners cannot afford the construction costs of a free-standing casita or the conversion of their homes to a duplex or townhome. Construction costs are consistent when it comes to building an entire house or adding a free-standing casita or converting a residence to a duplex or town home. There is no real differentiation between the basic construction costs to construct “affordable housing” and other types of housing.

According to the Homebuilders Digest construction costs cover everything from materials to the actual construction.  In Albuquerque there are four basic categories of construction:

1. A value-based custom home would start around $175 per square foot. This is a home that would have builder-grade finishes, such as ceramic tile, laminate flooring, basic cabinets, level one granite or quartz, aluminum or builder-grade vinyl windows, value series appliances, and basic plumbing and electrical fixtures.
2.  A mid-range home would start at around $225 per square foot. Mid-range finishes would include porcelain tile, engineered wood, mid-level cabinets with soft close, level two or three granite or quartz, and a moderate budget for plumbing and electrical fixtures. It would also have premium vinyl or fiberglass windows and higher-end appliances.
3. A high-end custom home would start at around $275 per square foot. This home would have all high-end custom finishes, fiberglass or wood windows, and professional appliances.
4. A home with energy efficiency features would range between $200 to $400 per square foot depending on selections for mechanical systems, windows, plumbing and lighting fixtures, cabinets, appliances, flooring, and more.

The link to the relied upon or quoted source is here:

https://www.homebuilderdigest.com/cost-guides/how-much-does-it-cost-to-build-a-house-in-albuquerque/

The minimum hard construction cost to build a 750 square foot free standing casita or convert an existing residence to a duplex by adding on 750 square feet of living space at the value base cost of $175 or the mid-range cost of $225 would between $131,250 (750 square ft. X $175) or $168,750 (750 X $225). The homeowner who does not have the cash savings to pay the construction costs, a second or third mortgage on the residence would be required.

Simply put, only developers and investors who speculate will be able to double or triple density by buying up existing homes for purposes of building casitas or converting residences to a duplex or townhome.  After that is done, the profit motive will be to sell or rent at the highest level and not for affordable housing.

ZONING CHANGES WILL DESTROY NEIGHBORHOODS

Keller, Fiebelkorn and City Planning want to allow apartment development or retail business development (i.e small convenience stores or “bodegas”) on all corner residential lots in all established neighborhoods to benefit developers and to deprive adjacent property owners the right to object and appeal. Such development will no doubt result in magnets for crime and heavy traffic patterns destroying the tranquility, livability and character of established neighborhoods.

Keller and the Planning Department  erroneously believe that increased density will increase affordable housing as they simply ignore the market forces and the profit motive. They argue in essence that “flooding the market” with more housing than what is needed will result in lower cost of housing and make available more housing for sale and rent. It’s a false narrative.

The one thing Albuquerque does have is open space that can be developed. There is no need to increase density in established neighborhoods that will destroy a neighborhood’s character. Sources within the Planning Department have confirmed the city has already “pre-platted” residential development of 125,000 to 150,000 residential lots. If  Mayor Keller, Feibelkorn and City Planning want to allow “upzoning” they should do so only on undeveloped, vacant land and vacant commercial properties and leave existing neighborhoods alone.

EXISTING RESIDENTAIL PROPERTY OWNERS CAN EXPECT PROPERTTY TAX INCREASES LEADING TO GENTRIFICATION

The Bernalillo County property tax code is clear. The taxable value of a property is 33 1/3% of the assessed value as determined by the Bernalillo County Assessor. Under the property tax code, residential property assessments may NOT rise more than 3% per year unless the property changes ownership, is improved or is REZONED. (Emphasis added.)

What should be alarming to all existing residential property owners is that the Planning Department has failed to take into account how the upzoning zoning changes from R-1 to R-L they are proposing will likely change Bernalillo County’s property value assessments and tax assessments.

Rezoning all residential property from R-1 to R-L will affect the property tax cap of 3% and allow for increases in property taxes. Simply put, increasing density increases real property values for tax assessment. Government entities never resist the temptation to increase property taxes and property taxes historically never, ever come down.

The  “upzoning” agenda of the Planning Department and Mayor Tim Keller will  make gentrification an official city policy because real property taxes will soar and lower income property owners will not be able to afford the increase in property taxes and be forced to sell their properties.

One thing is clear, there is absolutely no language in the existing Integrated Development Ordinance amendments that specifically requires affordable housing. There is no language in the proposed amendments that addresses private equity and developer price speculation.

CONCLUSION

The clandestine and sinister changes to the Integrated Development Ordinance (IDO) as identified by Steven Holman in his column are an affront to the general public’s bests interest and their home ownership. The general public needs to voice their concerns loud and clear before the city is simply turned over to developers who will destroy our community and make gentrification a matter of city policy.

City voters and residents are encouraged to contact their city councilors and voice their objections to the proposed amendments and attend city council meetings.

The link to a related column is here:

Steve Holman Guest Opinion Column: “Upzoning” Changes To City Zoning Law Is Corporate Urbanization That Doesn’t Address Housing Costs”

In a New Year’s Eve news release, Mayor Tim Keller announced his appointment of APD Deputy Chief Cecily Barker as Interim APD Chief. Mayor Keller made the interim appointment as the city is expected to conduct a nationwide search for a permanent replacement.

Interim Chief Barker’s appointment came the very day after former APD Chief Harold Medina officially retired and left his office downtown at the main APD headquarters. On December 30, Medina and his wife were escorted to their car by Mayor Keller.  A “celebratory retirement escort” of  APD vehicles and motorcycles with emergency lights on that disrupted traffic then escorted the Medina’s all the way to their home in Corrales.

BIOGRAPHY OF INTERIM CHIEF CECILY BARKER

Cecily Barker was born and raised in Albuquerque, New Mexico. After attending college out of state. Interim Chief Barker has an associate degree in criminal justice and a bachelor’s degree in justice administration. She is also a graduate from the Major Cities Chiefs Association Police Executive Leadership Institute and the Police Executive Training Program.

After attending college, Cecily Barker  returned to Albuquerque and joined the Albuquerque Police Department in 2004.  She is a 21 year veteran of APD who has rose through the ranks during her career at APD.

After graduating from the police academy, Barker served in the Field Services Bureau from 2004-2012. During that time, she held  collateral duties of Gang Suppression Officer, Crisis Intervention Officer and Field Training Officer.

Baker was promoted to Sergeant in 2012 where she served in the Field Services Bureau and later in the Violent Crimes Division as the FASTT, Missing Person and Cold Case Sergeant.

Baker was promoted to Lieutenant in 2017. As a Lieutenant, Cecily Barker served in the Juvenile/Property Crime Division and the Criminalistics Division.

Cecily Barker was promoted to Commander in 2020 and served as the Northwest Area Commander and later as the Chief of Staff.

In 2021, Cecily Barker was promoted to Deputy Chief of the Investigative Bureau where she lead the Criminal Investigations Division, Investigative Services Division and the Scientific Evidence Division.

In October of 2023, Deputy Chief Barker took over the Field Services Bureau where she currently oversees the departments 6 Area Commands.

As Interim Chief  Barker will oversee a police department that employs 1,880 full time employees which includes more than 950 sworn police officers and that has an annual approved budget of $271.5 million dollars. APD employs upwards of 20% of all city hall employees and has the largest budget of all the 27 departments.

The link to review APD’s 2026 approved budget is here:

Click to access fy26-approved-final.pdf

OTHER KELLER APPOINTMENTS  MADE

The Albuquerque  City Charter requires that the Mayor’s  selection and nominations of Chief Administrative Officer (CAO), City Attorney, City Clerk and APD Chief and Chief of the Fire and Rescue Department all be submitted to the Albuquerque City Council for final approval.

Mayor Keller named others to a few  key positions. Keller reappointed Emily Jaramillo to serve as Chief of Albuquerque Fire Rescue.  Lauren Keefe has been  renamed interim City Attorney, and City Clerk Ethan Watson was  renamed as interim city clerk.

Mayor Keller said this of his appointments:

“We are all deeply grateful to the people who choose to serve our community and show up for Albuquerque every day. … As we move through a period of transition, we’re focused on lifting up the next wave of leaders who are ready to carry this work forward so our neighborhoods feel secure, and Albuquerque continues to move ahead. The future of City leadership is already taking shape.”

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/new-year-new-chief-for-albuquerque-police/2952497

https://www.koat.com/article/albuquerque-cecily-barker-police-chief-interim/69896180

https://www.kob.com/new-mexico/albuquerque-gets-new-interim-police-chief-as-top-leaders-change/

https://www.krqe.com/news/albuquerque-metro/albuquerque-mayor-names-interim-police-chief/

NATIONAL SEARCH FOR NEW CHIEF

Mayor Keller has said he will announce his future plans for APD’s new leadership after he is sworn in on January 1 to his third 4 year term as Mayor.  APD has said it is looking for a chief who is “an experienced crime-fighter, has leadership experience, has a working knowledge of the Albuquerque community and is committed to maintaining reforms and trust in the department.”

Mayor Keller must now find a person who will be his third APD Chief. The process could take months. Mayor Keller said this about the process of selecting a new chief:

“You either early on, find somebody and you really want to go with, and then it goes fast. Let’s say three months. … Or you’ve got four or five people that you like, and so you really got to vet them and interview them and get lots of input. Then it pushes it out to, like, nine months.”

Mayor Keller said the long process will be all an effort to find someone who “checks every box.” That includes understanding Albuquerque and the challenges the city faces. The main priority, however, is keeping crime on a downward trend. Keller said this:

“[APD Chief Medina] started that process [of keeping crime on a downward trend] , and it has been achieved through technology, through the use of civilians, and through much stronger investigative work. So we want the new chief to be able to build on those, but also come in with some new ideas. … We know we got to look around. … It could be national, in a sense of from another city, but maybe it’s also local. You know, maybe there’s state police or someone from Las Cruces.”

COMMENTARY AND ANALYSIS

Mayor Tim Keller’s appointment of Cecily Barker as APD Interim Chief comes as absolutely no surprise to APD watchers and city hall insiders. Her appointment was 100% expected. Former APD Chief Harold Medina advocated for one of his appointed Deputy Chief’s to take his place saying “I hope that I left a strong bench for mayor to look at and choose.”

Confidential sources have confirmed that former APD Chief Harold  Medina has been grooming Deputy Chief Cecily Barker to be his replacement as Chief for some time. The same sources have said that Mayor Keller has been “champing at the bit” to appoint the first female APD Chief in the city’s history as he has done with the appointment of  Fire Chief Emily Jaramillo.

MEDINA STILL ON PAYROLL

Confidential sources are saying that former APD Chief Harold Medina will still be on the city payroll through August 2026 to allow him to continue to draw his salary and to exhaust all of his accumulated annual leave and sick leave. The practice of allowing retirees to be paid out their accumulated annual and sick leave is a very common practice and is allowed by the city personnel rules and regulations. Retiring employees are carried on city hall books on what is referred to as the “early retirement fund”.  A retiring employee is allowed to draw a salary until annual and sick leave is exhausted or be paid a single lump sum payment for the annual and sick leave. Once the leave is accrued, it is a vested property right and must be paid in full by the city. The biggest advantage to continuing on city payroll is that it applies to an employee’s “high three” years for purposes of calculating full retirement pay.

BARKER HAS NOT SAID IF SHE WILL APPLY

It has not been reported if Interim Chief Cecily Barker will apply to be permanent Chief, but it is more likely than not she will apply. Such a scenario has happened before. Mayor Keller proclaims there will be a national search for a new chief, which is identical to what he said when he fired former APD Chief Geier and eventually appointed APD Chief Harold Medina, who Keller had appointed Interim Chief. The selection process used by Keller that ultimately resulted in the appointment of Harold Medina was considered by many a politcal sham.  Once Medina applied to be appointed Chief, it was a forgone conclusion that Keller would appoint him Chief. The blunt reality is that APD sworn police and in particular the APD Union will resist anyone from outside of APD.

MEDINA’S INFLUENCE OVER MAYOR TIM KELLER

The continuing influence of APD Chief Harold Medina over Mayor Tim Keller cannot be overemphasized.  After all, Keller said “[Chief Medina is] arguably the most important person right now in these times in our city” after Medina ran a red light and caused a crash totaling both vehicles and seriously injuring another driver.  A personal injury lawsuit is still pending against Medina and the City over the car crash. Keller refused calls for Medina’s resignation over the car crash Medina caused.

Although APD Chief Harold Medina is now officially retired, Mayor Keller could appoint Medina  to chair the national search committee for his replacement and even pay him a “consulting fee” for his help in finding a replacement which something many are speculating will happen.

APD NEEDS COMPLETELY NEW LEADERSHIP AND REORGANIZATION

Simply put, APD is a train wreck. It is  top heavy with mid-management and plagued by a DWI dismissal scandal. Keller needs to appoint a new chief and not a Medina loyalist or crony.  Mayor Keller needs to  replace the entire command staff and completely reorganize the department for a new generation of leadership. APD cannot deal with the city’s high crime rates because APD’s sworn personnel is at 950.  As it stands, there are only 350 out of 950  sworn police assigned to the six area commands, broken down into 3 shifts and patrolling the streets responding the thousands of calls for service.

If the entire command staff that Chief Medina has put in place over the last 5 years is not replaced, including all the Deputy Chiefs, there is little to no chance APD will change. APD will revert back to the old ways that brought on the Department of Justice (DOJ)  consent decree that lasted for 10 years with the city paying millions of taxpayer dollars to institute constitutional policing practices.

Hope springs eternal that Mayor Tim Keller will in fact do a national search for a new APD Chief and that the search is not a political sham to replace Harold Medina and not simply meant  to appoint a Medina crony who will continue contact with him and do his bidding.

On March 31, APD Chief Harold Medina sent a letter to Governor Michelle Lujan Grisham requesting that the National Guard be deployed to Albuquerque to assist the Albuquerque Police Department to fulfill “non-law enforcement duties” such as providing security at crime scene perimeters and transporting prisoners. Chief Medina expressed the need to keep APD officers patrolling the streets and not driving prisoners to the Metropolitan Detention Center and not provide  security at city facilities and courthouses. The National Guard would  be used for helping with document filing and organization of APD cases for prosecutors, operating drones and distributing food, water and aid to “vulnerable populations.” The emergency request from APD Chief Harold Medina cited rising violent juvenile crime and the fentanyl epidemic as issues that require immediate intervention.

The link to review the March 31 letter from Medina to the Governor is here:

Click to access 033125-ltr-from-medina-to-gmlg-re-national-guard-67f57cdb7dbc6.pdf

THE GOVERNOR’S EXECUTIVE ORDER

On April 9, in response to Chief Medina’s request, Governor Michelle Lujan Grisham issued her Executive Order declaring an emergency and sending 60 to 70 National Guard troops to aid the Albuquerque Police Department to help fight crime. The Executive Order directed an initial amount of up to $750,000 to be made available for the deployment of guardsmen.

The April 8 Executive Order states  in part:

 “… The emergency request from APD cites the fentanyl epidemic and rising violent juvenile crime as critical issues requiring immediate intervention. Additional support is needed to maintain momentum in addressing these challenges. … [The Executive Order is being issued] in response to ongoing public safety challenges in the city, particularly along the Central Avenue corridor and other specific areas”

In a news release announcing the order Governor Lujan Grisham said this:

“The safety of New Mexicans is my top priority. … By deploying our National Guard to support APD with essential duties, we’re ensuring that trained police officers can focus on what they do best [which is] keeping our communities safe. This partnership represents our commitment to addressing the fentanyl crisis and juvenile crime with every resource at our disposal.”

The governor’s executive order left the timeline for the National Guards presence open-ended but said they would arrive in mid-May and would address “ongoing public safety challenges in the city, particularly along the Central Avenue corridor and other specific areas.”

The governor’s office said the National Guard would  assist in the following specific areas:

• Scene security and traffic control at critical incidents
• Medical assistance and humanitarian efforts along Central Avenue
• Prisoner Transport Unit assistance
• Transit security enhancement
• Metro Court security support
• Aviation/Sunport security assistance
• Shield Unit case preparation support
• APD Drone Program operational assistance

National Guard personnel were not armed nor in military uniform but wore black polo shirts and brown pants and carried pepper spray.  The National Guard have no law enforcement authority to arrest and  can not take criminal suspects into custody.

Up to 125 National Guard personnel worked with the APD since June with the total cost going from $750,000 to upwards of $7 million with deployment paid for by the state. The operation made national headlines, in part as a major contrast to President Trump’s  controversial decision to send uniformed National Guard troops to Democrat controlled U.S. cities to fight crime. National Guard troops deployed to those cities by Trump have been armed and in full military uniform.

On December 20, a full six months after the Executive Order was issued, and  $7 million spent, it was  announced that the New Mexico National Guard was leaving its “emergency” deployment with the Albuquerque Police Department. The departure of the National Guard came with absolutely no fanfare. However, the National Guards departure did come after city and state officials argued over a few months over the deployment and whether the National Guards mission was even a success.

NOT THE FIRST TIME

Deploying the National Guard was not the first time Governor Lujan Grisham has declared an emergency over crime in the city and dispatched reinforcements to Albuquerque’s streets. However, it was the very first time she deployed the National Guard and none law enforcement personnel to help.

In 2019, Lujan Grisham dispatched dozens of New Mexico State Police officers to Albuquerque for the Metro Surge Operation after University of New Mexico baseball player Jackson Weller was fatally shot in Nob Hill. That operation came under scrutiny when many of the prosecutions fell apart because the officers, who came from all over the state, didn’t show up to hearings and cases were dismissed.

In September 2023, Lujan Grisham declared a public health emergency over gun violence, spurred by the fatal shooting of an 11-year-old boy. She ordered a firearm ban in public places in Bernalillo County, which was quickly challenged in court and blocked by a federal judge.

FUNCTION AND PURPOSE OF NEW MEXICO NATIONAL GUARD

The New Mexico Army National Guard is a part-time state-based military component that serves a dual mission. Each Guard unit serves under the command of the governor to respond to natural disasters or other state emergencies. In addition, Guard units can be activated to defend the nation when needed.

The National Guard’s main mission is  to respond to domestic emergencies and combat missions. National Guard personnel are state officers exercising state authority. The national guard does not have authority to make any law enforcement arrests and essentially engages in military or marshal law functions when necessary to restore order.

The New Mexico National Guard is the militia of the U.S. state of New Mexico. Comprising the New Mexico Army National Guard and the New Mexico Air National Guard, it is part of the National Guard of the United States, a reserve force under both state and federal jurisdiction.

https://nationalguard.com/new-mexico

https://en.wikipedia.org/wiki/New_Mexico_National_Guard

SCATHING CRITISISM OF MAYOR KELLER AND CITY BY FORMER KELLER CAO SARITA NAIR

On October 10, NM Development of Workforce Solutions Cabinet Secretary Sarita Nair sent a blistering email to Mayor Tim Keller and City Chief Administrative Officer Samantha Sengel highly critical of the city’s use of the National Guard. Sarita Nair was Mayor Keller’s chief administrative officer during his first term from 2017 to early 2022. The Nair email was obtained by the Albuquerque Journal. In her email, Nair complained of the city’s performance and  decried the lack of data from APD about the National Guard impact on crime.  Nair noted that after undergoing training for the assignment, National Guard personnel began work in June. Nair wrote this:

“Since that time, the National Guard has deployed significant resources, the State Police have engaged in stepped-up enforcement, and members of the Governor’s senior staff have personally engaged to try to make the operation a success. …  Early on, through reports provided by the City, the State learned that, despite some positive movement, the overall impact of the operation did not reflect the substantial investment of State resources.”

Nair referenced a meeting in July during which state officials sought to “discuss the City’s lack of commitment to the National Guard deployment”.  She wrote that Mayor Keller did not even show up to the meeting and wrote:

“Despite Mayor Keller’s unexpected absence, the meeting was productive, and our respective teams left with a renewed dedication to the mission. We agreed that a more proactive presence in the streets of the International District was paramount, whether that be through law enforcement or other personnel. The City reiterated its desire to take the lead on planning and requesting resources. Once again, this did not result in better outcomes.”

Nair wrote that at a follow-up meeting  occurred in September where state officials met with APD Chief Medina and CAO Sengel  “to discuss the lack of progress in improving the emergency conditions, particularly in the International District. The State proposed a plan to focus efforts in a more defined geographic region.”

The city and state agreed to focus on the area bounded by Louisiana on the west, Pennsylvania on the east, Zuni on the south, and Chico on the north. Nair wrote this:

“[The plan was to] saturate the small area in resources, outreach, and services, freeing up law enforcement to do their jobs. The City agreed and stated that it had already begun to use this approach.  The City stated that it already planned to have resource tents at the International District Library to provide resources to people experiencing homelessness. The group agreed that after the crime, litter, encampments, and other illicit activities were addressed in this small area, we could gradually expand the footprint of the operation.

Nair wrote in her October 10 email to Mayor Keller and CAO Sengel:

“We have no reports on whether the streets are cleaner or safer, or if 311 calls have abated. …  [Without any data] the State must rely on its own observations. … Our team regularly travels through the International District. There is not a single street in the focus area that does not have an encampment or hub of illicit activity, as well as litter and other blight … We have witnessed police cars drive past women who were passed out in the street. We have seen no increased outreach or an additional presence of proactive policing. Adding our personnel to ‘business as usual’ was never the idea of the National Guard deployment. But without City leadership, nothing more has happened.”

We are deeply concerned that International District residents will never get the safe streets they deserve if the City cannot address the problems in one quarter of one square mile, even with the investment of significant State resources. The City has simply been unable to articulate a vision for the resources it requested or to implement its side of the operation.”

CITY RESPONDS

On Friday, December 19, APD Spokesman Gilbert Gallegos responded to the Albuquerque Journal regarding Nair’s October 10 email criticisms and said this  in a statement:

“Albuquerque residents did not want a militarized presence of National Guard making arrests in the community. We utilized Guard members in a way that freed up APD officers to do proactive policing and continue the decrease in violent crime”

Gallegos provided  percentages showing that from June 1 through Dec. 15, 2025, there were 46% fewer homicides in the Southeast Area Command, compared to the same period in 2024.  As far as the deployment in June through September, Gallegos provided  the following statistics:

• 29% increase in felony arrests
• 39% increase in misdemeanor arrests
• 5% decrease in property crimes within the Central Corridor
• 10% decrease in robbery within the Central Corridor
• 4% decrease in aggravated assaults in the Central Corridor

GOVERNOR LUJAN GRISHAM NOT SATISFIED

On Friday, December 19, Governor Lujan Grisham’s spokesperson issued a statement in response to the Albuquerque Journal questions regarding the National Guard’s deployment to the city and said this:

“The Governor appreciates members of the National Guard who answered the call to assist the Albuquerque Police Department, but she is disappointed that the mission did not achieve a sustained decrease in crime. This is partially due to lax engagement by local partners and also because New Mexico’s criminal justice system too often allows serious offenders back on the streets within days or even hours of an arrest.

The mission could have been more successful if the Keller Administration had engaged in strategy development and shown more initiative in maximizing the governor’s deployment of National Guard resources in the community. A similar mission in Rio Arriba County is having more success because of intensive collaboration and coordination [among]  elected officials and law enforcement agencies to capitalize on the deployment. As for cost, the deployment [in Albuquerque] cost $7 million.”

The governor’s office said data shows more than half of those taken into custody during the operation have been released.

Despite the city’s statistics provided for the Southeast Area Command as proof that the National Guard deployment was a success, Governor Lujan Grisham said she was not satisfied. The Governor went so far as to say the city cherry-picked some statistics, stating

“Until I can drive downtown… or here… without having to stop for a fire, they are not trending in the right direction.”

Governor Lujan Grisham believes city officials missed the opportunity to collaborate with the state and county on new procedures for fighting crime and addressing the homeless crisis. The Governor said this:

“I wrote letters, that sounds passive, but that’s what we do, I put it in writing, sent a letter to Gateway, sent a letter to the mayor, I went to a meeting myself here in Albuquerque and demanded the mayor and chief of police be there.”

The Lujan Grisham emphasized the ongoing crime crisis in Albuquerque and said this:

“I’ll take every opportunity to do that but how many town halls, how many press releases how many radio interviews, how many letters? Is there someone in Albuquerque who isn’t well aware that we have a crime crisis in this city?”

Governor Lujan Grisham shared her personal experiences, witnessing theft and traffic problems, and highlighted the need for better support services for high-risk individuals. She called for an end to the cycle of blame, saying this:

“We have to get off this merry go round, everyone points fingers and to your point did you do enough? I think we did everything I know to do.”

APD CHIEF MEDINA THANKS GOVERNOR AND NATIONAL GUARD

On December 17, APD Chief Harold Medina sent a letter to National Guard Major General  Miguel Aguilar thanking the National Guard for the deployment. Chief Medina said since the arrival of the National Guard members, “crime has continued to go down significantly, making our community safer.”  Medina  wrote “APD, with the National Guard assistance, has been able to divert arrestees from jail to treatment, reducing the administrative strain on APD’s resources.”

Medina wrote in his letter to  National Guard Major General Miguel Aguilar that while the issues related to drug addiction and the unhoused persist in the Central Avenue corridor, federal drug enforcement is needed to address drug trafficking. Medina also called for the Legislature to build on the governor’s efforts to invest in drug and alcohol treatment options. Medina said  he did not see a need for continued deployment, but hoped the National Guard would help the city with humanitarian aid and shelter for the unhoused.

Responding to media  inquiries on the National Guard Deployment, Medina admitted that the rollout could have been better.  Chief Medina said this:

“I think we could have worked on communicating better with the community at the start of this and not played catch-up like we had to. But overall, I think it served a purpose of what we needed.”

Medina said the city thanked the governor for her assistance. Medina added that the issues that led to the National Guard deployment are complex and he said this:

“But did it make Central look better? No, it looks the same. We own that. We know that. But can anybody say it’s a lack of effort of law enforcement? Nobody.”

During the recent mayoral runoff  election campaign, Republican Darren White severely criticized Mayor Keller and the  city’s management of the homeless crisis. White went so far to promise to clear all  encampments “on day one”. On December 9, White lost to Keller in a landslide vote of 58% for Keller to White’s 42%  and Keller was elected to a third four year term.

Medina told the Journal that arresting unhoused individuals isn’t a panacea, especially given that not every unhoused person “needs to be in jail.”  Medina said this:

“Where they need to be is in treatment. Jail isn’t going to kick the problem. And sentences for criminal trespassing and other related misdemeanors last an average 1.4 days and then the individual is released.”

https://www.abqjournal.com/news/gov-slams-albuquerque-leaders-over-results-of-national-guard-help-police-say-crime-fell-during-deployment/2945573

https://www.kob.com/new-mexico/governor-frustrated-with-use-of-national-guard-in-albuquerque/

https://www.krqe.com/news/politics-government/governor-criticizes-albuquerques-mayor-over-usage-of-new-mexico-national-guard/

COMMENTARY AND ANALYSIS

To be perfectly blunt, Governor Michelle Lujan Grisham bears much responsibility for the failure by the National Guard she deployed to Albuquerque to reduce crime and address violent crime.  Her Executive Order deploying the National Guard was as clear as day that the guard was deployed only for the purpose of freeing up APD Officers to concentrate on law enforcement. The National Guard was assigned only to assist in the following areas:

• Scene security and traffic control at critical incidents
• Medical assistance and humanitarian efforts along Central Avenue
• Prisoner Transport Unit assistance
• Transit security enhancement
• Metro Court security support
• Aviation/Sunport security assistance
• Shield Unit case preparation support
• APD Drone Program operational assistance

The above duties are not the normal functions of the National Guard. The Governor relegated the National Guard to perform strictly support or clerical services that in no  way could bring down crime nor address the homeless crisis along Central. The National Guard have no cross deputization giving them law enforcement powers and they could not take people in custody nor make arrests. To add insult to injury, the National Guard were not armed nor allowed to wear their military uniforms but wore black polo shirts and brown pants and carried pepper spray.

LOST OPPORTUNITY

Central Avenue starting  East from San Pedro to Eubank and which boarders in part the New Mexico State Fair grounds to the North and the International District to the South has become the “epicenter” of the city’s homeless crisis. Hundreds of homeless, and perhaps thousands over the last few years, illegally camp on the streets and open space and congregate regularly along Central Avenue and side streets and engage in illicit drug use and sales and other crimes, including violent crimes.

The homeless use the streets South and North of Central as a dumping ground for trash and debris and as outdoor latrines to relieve themselves. Businesses along Central have become magnets for the homeless and many have closed while others have spent thousands of dollars to erected fences to keep the homeless out to no avail. The city periodically does sweeps of Central and the side streets to dismantle homeless encampments. The Albuquerque Community Safety division’s outreach to the homeless in the area has failed to reduce the congregating homeless and the illegal camping on streets.

The blunt reality is that an APD Tactical Plan should have been prepared where APD along with the National Guard in full uniform and armed were deployed together with the Albuquerque Community Safety Division officers along Central from San Pedro to Wyoming, especially bordering the State Fair and in the International District.  A major “sweep” of the area  would have made a difference and would have sent a strong message to the community. The National Guard would not have had arrest authority but could have provided protective support functions to APD Officers, the Albuquerque Community Safety Division officers and assisted in ordering the unhoused to  disperse.  APD could have made legitimate arrests on outstanding warrants and perhaps felonies they found. The City’s Solid Waste Division could have also clean up the streets of debris, trash and litter.  After the Tactical Plan was complete and the sweep conducted, the National Guard could have remained stationed along central to patrol the area and prevent the homeless from congregating or returning.  

Instead of participating in legitimate law enforcement activity to respond to a domestic emergency to secure the area along Central  and protect the public the National Guard were relegated to performing clerical functions out of uniform wearing black polo shirts and brown pants and carrying pepper spray all thanks to the Governor’s executive order.

SARITA NAIR SETTLES PERSONAL SCORE WITH KELLER AND MEDINA

What is truly insulting is that Governor Lujan Grisham ostensibly dispatched Work Force Solutions Cabinet Secretary Sarita Nair to ostracize and be critical of Keller and APD. Nair essentially carried out a personal vendetta against Mayor Keller and APD for poor job performance on how the city utilized the National Guard.

It can not be ignored that Sarita Nair was Mayor  Keller’s very first Chief Administrative Officer during Keller’s entire first term from 2017 to early 2022. Before that, she worked for Keller when he was State Auditor heading up a major Division to combat waste, fraud and abuse.  There is no doubt that Sarita Nair was Keller’s closest confident and advisor. She exerted great influence over City Hall, especially over APD and then Deputy Chief Harold Medina, but did not have a very good working relationship with the Albuquerque City Council.

As Chief Administrative Officer (CAO) for the City, Nair work very closely with then Deputy Chief Harold Medina and she oversaw APD functions and budgets. It was Sarita Nair who worked with Harold Medina to orchestrate the removal of former APD Chief Michael Geier to get Medina appointed APD Chief.

After Keller was elected to a second term in 2021, the newly elected City Council  demanded that Keller re-submit the name of Sarita Nair for advise and consent as Chief Administrative Officer by the City Council. Confidential sources reported that Nair no longer had the support nor confidence of at least 5 city councilors to get confirmed. The problem was Mayor Keller declined to advocate for her re-appointment as CAO. Nair terminated her employment with Keller upset with his failure to go to her defense.

Sarita Nair is supposed to be addressing the state’s employment woes as the State’s Labor Secretary but instead was given authority to oversee the National Guard Deployment, a responsibility that should have been that of the Secretary of Homeland Security. Sarita Nair no doubt relished the opportunity to take on her former boss Mayor Tim Keller to try and embarrass him as well as Harold Medina, especially in an election year.

FINAL COMMENT

The bottom line, Governor Michell Lujan Grisham bears as much responsibility and blame as Mayor Tim Keller and APD for what can only be considered as a failed effort to get a handle on crime along Central and in the International District by use of the New Mexico National Guard. It was a $7 million dollar lost opportunity.

Gov. MLG Deploys National Guard To City At Request Of APD Chief Harold Medina To Help With Crime; National Guard Will “Wear Polo Shirts And Be Unarmed” Instead Of Uniforms; Clear Abuse Of National Guard Resources; Keller And Medina Need To Order APD Management To Get The Hell Out From Behind Their Desks An Patrol Streets Of The City And Do What Is Being Requested Of The National Guard

The 2026 New Mexico legislative session begins on January 20 and ends on February 19. The 30 day legislative  session, commonly referred to as the short session, is focused on budget matters and the agenda is set by the Governor as to what measures will be heard by the legislature.

GOVERNOR MLG RELEASES $11.4 BILLION BUDGET

On  December 22, Governor Michelle Lujan Grisham released her $11.3 billion proposed  budget for the fiscal year 2026 – 2027 which will commence July 1, 2026. According to the proposed budget, as usual sales taxes are expected to be the state’s largest source of general fund revenue next fiscal year at $5.5 billion.

The proposed budget contains a 4.6%spending increase of approximately $503 million. The increase is due to signs of cooling state revenue growth. The budget contains funding to compensate for federal cuts by the Trump Administration.

The proposed budget provides for a 1% salary increase for all state workers and teachers. Law enforcement officers, wildfire crews and some emergency responders would get even larger pay raises of 7% under the proposed budget.

The proposed  budget earmarks significant one-time expenditures. The one-time expenditures include $100 million for statewide road projects, $238 million for water initiatives, and up to $200 million for the overhaul of the State Fairgrounds or moving the fairgrounds known as EXPO New Mexico. The proposed budget contains what will be likely a  controversial proposal of $160 million for a universal childcare initiative which will be the subject of extensive debate by the legislature.

During the December 21 news conference releasing the governor’s  proposed 2026 state budget, Lujan Grisham’s Chief of Staff  Daniel Schlegel and several cabinet secretaries attributed the proposed increased state spending largely to the governor’s universal childcare initiative, as well as funding changes related to President Trump’s “One Big Beautiful Bill.” Under the proposed budget, the state would keep about $3.4 billion in reserves.

During the press conference, Chief of Staff Schlegel acknowledged the challenges that come with a slowed growth in state revenue income. Notwithstanding, Schlegel said the state remains in a strong position to spend on “non-recurring projects”, which are one-time expenditures not requiring on going funding. As an example, Schlegel brought up  the governor’s 50-year Water Action Plan, which Lujan Grisham announced last year amid reports that the state’s water supply will decline by up to 25% in the coming decades.

The proposed budget recommendation would allocate $232 million across several state agencies in non-recurring spending to implement the governor’s 50-year Water Action Plan plan. That $232 million would go toward restoration programs in the New Mexico Environment Department, the Office of the State Engineer’s Water Rights Settlement Funds, and programs aimed at conserving water in agriculture at New Mexico State University and more.

Chief of Staff Dan Schlegel said this about the proposed budget:

“My expectation is that the Legislative Finance Committee will come in a little bit lower than this budget, which happens pretty much every year. … We feel strongly we’re still in a very good fiscal position with this budget.  …  We feel strongly that this is a responsible budget. We have seen massive increases over the years [including increases that  have been in the double digits in recent years] …This is definitely [a] slowing down from those.  …”

Schlegel said the governor’s budget proposal would leave reserves at 30%, or $3.4 billion, at the end of the fiscal year, and he said this:

“Thirty percent reserves, I’d reiterate, is a very big cushion for us moving forward.”

In a separate statement released in conjunction with the release of her proposed 2026 budget, Governor Lujan Grisham said this:

“This budget reflects seven years of disciplined investment that has transformed New Mexico. Even as we confront unprecedented federal funding challenges, we remain in the strongest financial position in state history. This budget puts that strength to work for families, students and communities across New Mexico. … I look forward to working with the Legislature to pass a budget that reflects our shared values.”

LEGISLATORS REACT

Gallup Democrat State Senator George Muñoz, Chairman of the powerful Senate Finance Committee, noted a slowdown in revenue growth, including a decline in corporate and personal income taxes. Muñoz said this about the governor’s proposed 2026 state budget:

“It’s a little bit too high for the amount of recurring money we have. … Everything’s dropping, and I do not want to come back to a special session because those revenue numbers are way too high. … We in New Mexico have done a lot of great things in New Mexico, and now the economy is slowing down. … We know that corporate income tax and personal income tax, and GRT  [gross receipts tax] is slowing. We know that production is leveled off, but prices are down. So, as the economy slows, so do we, because we’ve set New Mexico up so we don’t ride a roller coaster again.”

Representative Nathan Small, D-Las Cruces, the chairman of the powerful Legislative Finance Committee, said the Legislature shares many of the same spending priorities as the governor’s plan. However, Small expressed concern the spending levels proposed by the Governor would grow the state budget by too much given current economic conditions. Amid a recent revenue boom, state spending has increased by more than 70% since 2019. Small said this in a December 21 interview with the Albuquerque Journal:

“We have to be careful about not getting out over our skis given the federal budget uncertainty.”

REPUBULICANS ACCUSE GOVERNOR OF RECKLESS SPENDING

Typically, and  not at all surprising, Amy Barela, chairwoman of the Republican Party of New Mexico, characterized Lujan Grisham’s  proposed 2026 budget as reckless spending. In a statement, Barela said this:

“There’s a long list of issues our state faces that Governor Lujan Grisham has failed to address, and her spending spree won’t improve any of them. Democrats like our governor are great at recklessly throwing money at problems and not so great at solving those problems. Whether it’s crime, drugs, homelessness, the economic outlook, or the state of our public schools, New Mexico is routinely among the worst states in the country. That is her legacy, and she can’t spend her way out of it.”

REDUCED SPENDING RESULT OF REDUCED INCOME GROWTH

The governor’s proposed 2026 budget that starts on July 1, 2026 calls for spending levels for the fiscal year to outpace projected revenue levels by upwards of $400 million. The  Governor’s Office said the new money figure does not include a one-time general fund spike from the State Land Office that was generated by a much larger than expected oil and gas rent and lease sales.

State spending can be  categorized as “recurring” or  “non-recurring”.  Examples of “recurring expenditures” would be creating new staff positions at state agencies or paying for increasing employee health care premiums. Examples of “non-recuring expenditures” would be one-time expenses like road construction projects. The slowed growth reflected in the governor’s 2026 proposed state budget primarily affects recurring spending.

State economists earlier this month briefed lawmakers on the state’s economic outlook. They said New Mexico is “treading water,” while much of the nation is in or near a recession, and attributed the stalled revenue to lower oil prices and corporate income taxes. They also predicted further revenue declines amid federal cuts to programs like Medicaid and the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program. Not only have state economists revised revenue growth projections downward, but revenue is expected to contract 1.6% in the current fiscal year, ending on June 30, 2026 after growing at a record pace in recent years.

Financially, New Mexico is in a better positioned than many other states because of historical oil and gas revenues. However, oil and gas revenue projections were recently scaled back due to falling oil prices and lower-than-expected corporate income tax collections connected to a federal budget bill. Revenue estimates released recently project lawmakers will have $105.7 million in “new” money available in the coming year. New money represents the difference between projected revenue and current spending levels. The amount of projected new money at the same point in time one year ago was roughly $892 million.

MODEST 1% SALARY INCREASES FOR GOVERNMENT WORKERS

Over the last six years, the average annual salary of New Mexico state workers has increased by 47%, from about $49,950 to roughly $73,520 per year. Average teachers salaries have  increased at a slightly slower rate, increasing  from $49,770 to $68,670 annually.  The increases in state employee salaries during the past 7 years under Democrat Governor Lujan Grisham is in sharp contrast to state employees salaries remaining very stagnant during the full  8 years of Republican Governor Susana Martinez.  With the state  facing a revenue slowdown, the governor’s  2026 proposed budget contains no large pay raises for government workers.

The governor’s proposed 2026 state budget plan appropriates $62.7 million to pay for a 1% salary increases for state employee’s and teacher’s salaries. It also calls for an additional 7% salary increase for law enforcement and emergency fire response personnel.  The proposed budget  includes  $13.5 million for the 7%  for state police and firefighting personnel salary increases.

The budget proposal includes $57 million to implement a wage scale and career mobility framework in the childcare, early intervention and prekindergarten workforce across the state. It recommends directing $16.5 million to the Children, Youth and Families Department’s Juvenile Justice Service Division because of the increased number of children detained across the state.

While the legislature has not yet issued its own spending plan for the coming year, Senator George Muñoz, D-Gallup, the chairman of the Senate Finance Committee Muñoz said a similar-sized salary increase will likely be included.

UNIVERSAL CHILD CARE INITIATIVE

The most controversial measure during the 30-day 2026  legislative session will be Governor  Lujan Grisham’s plan to spend an additional $160 million to pay for a universal child care initiative. According to the executive budget recommendation,  that brings the overall cost of childcare to $606.4 million.  The governor announced the initiative in November, saying it would remove previous income limits for receiving state-subsidized childcare.

The Governor’s Chief of Staff Daniel Schlegel said the Governor believes  universal childcare and universal pre-K should fall under recurring spending as a top priority for the state. He said he expects “productive negotiations” in the 30-day session around finding ways to consistently fund it into the future. Schlegel said this:

“We’ve been driving toward universal childcare and universal pre-K since the start of this administration, and that’s no secret. That’s something that we have as a shared priority with the Legislature. I think that figuring out a way to fully fund it is going to require some creativity between us and the Legislature.”

Several influential legislators have expressed misgivings about the hefty price tag and rollout of the universal child care plan, including Sen. George Muñoz, D-Gallup, the chairman of the Senate Finance Committee.  Muñoz said  legislators will be looking closely at possible “spending guardrails” for the initiative. The spending guardrails  could include directing the state’s Early Childhood Education and Care Department to tap a trust fund with a $10.9 billion projected balance to pay for universal child care. Muñoz said this:

“I don’t disagree with universal childcare, but it’s going to need a lot of tweaking. In rural parts of New Mexico, they’re deserts for childcare. And, you know… everybody needs to work, and everybody needs their children taken care of…So, how do we stand it up for the poor, the middle class? We’re in a great place in New Mexico. … Just don’t overspend or you’re going to break the piggybank.” 

The state’s child care assistance program has already seen its funding increase from about $150 million in 2022 to roughly $440 million as of this year. Elizabeth Groginsky the Cabinet Secretary for the state’s Early Childhood Education and Care Department said that additional funding infusions would be required in the coming years to keep child care “free” for New Mexico families. But she also said the initiative would lead to better outcomes for children in New Mexico by improving economic opportunities and better caring for their health.

SUSTAINABILITY FOR FREE CHILD CARE RAISED

New Mexico has become the first state to offer free child care to all residents, but the program’s funding and sustainability have raised concerns. The program, which previously only covered families making up to 400% of the federal poverty level, now extends to all New Mexicans. This expansion has led to concerns about the program’s cost and sustainability. Paul Gessing, president of the Rio Grande Foundation, a conservative taxpayer watch dog group, referenced a report from the state’s Legislative Finance Committee which warns that spending could increase from $450 million to nearly $850 million annually by 2027.  Gessing said this:

“Depending on uptake and further inflation and the challenge of bringing new providers into the system, this could just be the starting point in terms of those price increases.”

The Legislative Finance Committee report also highlights a significant increase in the number of children qualifying for the program, from just under 100,000 to 326,000, with only 31,000 care slots available. Reilly White, an economics professor at the University of New Mexico, noted the potential supply and demand issue saying this:

“We’ve increased the level of subsidies, but not the supply of available child care.”

Despite these concerns, Cabinet Secretary Elizabeth Groginsky for the state’s Early Childhood Education and Care Department, remains optimistic about the program’s sustainability. She said that care slots have increased by 20% since 2019, with an estimated 4,500 new spaces expected to open across the state. She also does not anticipate costs doubling by fiscal year 2027, estimating increases at $600 million instead of $800 million. When asked point blank if the program would be sustainable, Groginsky said this:

“Yes, I absolutely do! …  What we’re hearing from families is this has been the relief they’ve been looking for.”

Governor Michelle Lujan Grisham’s budget recommendation for fiscal year 2027 aligns with Groginsky’s calculations, suggesting $600 million in funding.

The link to the quoted or relied upon news source on child care sustainability is here:

https://www.koat.com/article/legislative-committee-raises-sustainability-concerns-about-new-mexicos-universal-childcare-system/69859325

INCREASE SPENDING FOR HEALTH CARE AUTHORITY

In addition to increased early childhood spending, the state’s Health Care Authority would also receive a significant increase in spending under the governor’s proposed budget plan. The proposed spending plan calls for a $2.13 billion general fund budget for the Health Care Authority, an increase of $61.6 million, or 3%, over the current fiscal year, primarily to deal with federal funding cuts and changes to Medicaid and the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. Much of the $61.6 million budget increase would go toward offsetting impacts posed by a federal budget bill signed by President Donald Trump in July which includes reducing federal funding for states’ administrative costs.

State health officials project up to 100,000 New Mexico residents will lose Medicaid coverage starting in January 2027, which would continue a trend that started in mid-2022. The agency’s budget includes a recommended $92.9 million to provide health coverage for Medicaid enrollees who would otherwise lose coverage under the federal budget reconciliation bill President Donald Trump signed into law in July. That includes so-called “lawfully present” immigrants, such as refugees and victims of trafficking.

POSSIBLE TAX PACKAGE, NO TAX REBATES

The Governor’s Office indicated that the proposed budget released on December 22  has the capacity to allow for a $300 million tax package that would be phased out over three years and would require separate legislative approval. Tax changes included in such a package could include a $50 million tax refund for quantum computing research, as New Mexico has already issued financial incentives for start-up companies in the advanced technology industry.

Governor Chief of Staff Daniel Schlagel said this about the proposed tax package:

“A big part of our priorities for the tax package are economic development-related. … Those do tend to be on shorter term when you’re talking about incentivizing industries to come to New Mexico. We’ve already had some success in the quantum space. We want to see that grow, and fusion is in the same place. But even a three-year incentive can provide a lot of investment to the state, so we’re comfortable with thinking more narrow on a tax package rather than a full-on recurring tax package.”

The Governor’s Office said it does not envision a rebate for New Mexico taxpayers being part of such a tax package. It was in 2023 that the state last issued such rebates of $500 per person.

ONE TIME EXPENDITURES

The governor’s spending plan also calls for a capital outlay package of $525 million and a $300 million tax package with sunset provisions, making it a one-time expense as opposed to recurring. The 2026-2027 proposed budget calls for hefty one-time spending, including $100 million for statewide road projects, $238 million for water projects and up to $200 million to overhaul the current site of the state fairgrounds in Albuquerque  possibly find a new home for the annual state fair also known as Expo New Mexico. The $1.7 billion in one-time appropriations include the following:

• $200 million for the Federal Reimbursement Revolving Fund, which helps to pay for responses to natural disasters
• $100 million to select, acquire and build a new State Fairgrounds, if necessary
• $100 million for State Fairgrounds revitalization projects
• $100 million for statewide road construction and maintenance projects
• $65 million for statewide affordable and attainable housing initiatives
• $65 million for the Strategic Water Supply Fund
• $60 million to the New Mexico Match Fund, which helps New Mexico locales leverage federal grants
• $49.3 million for the Quantum Benchmarking Initiative
• $45 million for statewide homelessness initiatives
• $38.5 million for career and technical education
• $35 million Indian water rights settlements
• $30 million for a reading intervention program
• $25 million for a health professional loan repayment program
• $22.5 million for complying with the terms of a settlement agreement in a lawsuit over the Rio Grande’s water supply
• $22 million for aquifer monitoring
• $21 million for statewide cybersecurity initiatives
• $20 million for the state Research, Development and Deployment Fund

The link to review the Governor’s proposed 2026 budget is here:

Click to access Executive-Budget-FY26-Digital-1.pdf

FUNDING FOR STATE FAIR REVITALIZATION OR MOVING STATE FAIR LIKELY CONTROVERSIAL

The $100 million for State Fairgrounds revitalization projects and the $100 million to select, acquire and build a new State Fairgrounds in one time capital outlay funding are expected to generate heated debate amongst lawmakers. The blunt reality is the two past studies to move the fair, acquire property and build new facilities have been in excess of $1 billion dollars.

It was  December 3, 2024 Governor Michelle Lujan Grisham announced  her plans to move the New Mexico State Fair to a different location and redevelop the 236 acre State Fair property into a mixed-use development, including affordable housing.  On March 21, 2025, in response to the Governor’s announcement to redevelop or move the state fair, the New Mexico legislature passed legislation creating the “State Fairgrounds District.” It is a board that has redevelopment funding authority over the existing State Fair grounds area. The board has no authority to move the fairgrounds. It will be up to the New Mexico State Fair Commission to make the decision to move the fairgrounds.

Governor Lujan Grisham’s proposal to moving the state fair has been met with strong opposition and resentment from area residents of Albuquerque’s International District on the South, and neighborhoods North, West and East of the Fairgrounds which has dealt with rampant and rising drug use and homelessness in recent years. The proposed redevelopment has proven controversial with residents and voters who say that they are concerned the funding will do little to help the neighborhood, will uproot the historic annual State Fair and will, like past efforts at fairgrounds redevelopment, be a flop.

On December 8, the Governor’s Office released to the public three concept plans prepared for the development of the State Fair property and on December 11, the State Fair District Board held its monthly meeting and all three plans were presented to the board. All three Concept Plans call for major redevelopment of the Southwest corner of the property at San Pedro Drive and Central Avenue. The state is already moving to acquire for $22 million the property  with the issuance of bonds to finance the acquisition of the properties either by negotiations with the property and business owners or by litigation and adverse condemnation.

Two of three designs keep the fair where it is but on a reduced footprint, and they share many of the same amenities, though they differ in size and quantity.

Concept One maintains the midway, using it as a large parking lot for the rest of the year, but adds a new exhibition space, a 10-acre park, affordable housing, an event center and a hotel to the grounds’ south side.

Concept Two significantly reduce the midway while new amenities like an  event center would take up more space. The second design also includes space for a museum.

Concept Three is the most draconian of the three plans. It would require the fairgrounds to be completely relocated. On top of the amenities present in the previous designs, this design would include “hundreds” of housing units, a school, workforce development center and two parks that would add 20 acres for park areas.

COMMENTARY AND ANALYSIS

The 2026 session will be Governor Lujan Grisham’s last as Governor and for that reason she is considered a “lame duck” and she will have less leverage with the legislature than she has had in past sessions.

It is painfully obvious that Governor Lujan Grisham is attempting to solidify a legacy as being a transformative Governor with her 2026 proposed budget when she includes such controversial issues as free Universal Child Care for all as well as moving the New Mexico State Fair Grounds or redeveloping it for affordable housing.

The problem for Governor Lujan Grisham is that her influence as a lame duck over the legislature will be severely tested given the state’s financial condition.

Links to quoted or relied upon news sources are here:

Click to access Executive-Budget-FY26-Digital-1.pdf

https://www.abqjournal.com/news/governor-unveils-113-billion-budget-plan-that-includes-pay-raises-universal-child-care-funding/2947043

https://www.krqe.com/news/politics-government/new-mexicos-governor-unveils-11-3-billion-budget-proposal/

https://www.santafenewmexican.com/news/local_news/despite-revenue-concerns-gov-lujan-grisham-proposes-4-6-budget-increase-for-2027-fiscal-year/article_c6c54bf7-f1ef-46a2-af2b-4ccb21d849b5.html

https://sourcenm.com/2025/12/22/nm-governors-office-proposes-11-3-billion-state-budget-and-increased-spending/?fbclid=IwY2xjawO3gB5leHRuA2FlbQIxMQBicmlkETF3YWxycDFLVUo1dTd0Ym1sc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHgDHolZdq7FrxxR06OQuCNzrNnjBa10nZQOxCrLqqrQVOL7IQgaozNNAvN_G_aem_11S1X-B5SzyRLCt6kiVOjQ

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POSTSCRIPT

Three Preliminary Concept Plans For State Fair Property Presented To State Fair District Board; Governor MLG Embraces Concept Plan To Move State Fair; Gov. MLG Falsely Claims Redevelopment Of Property Will Revitalize International District’; Parks On Property Will Be Magnets For Crime And Homeless Encampments   

On December 15, 2025, former Albuquerque police officer Timothy McCarson, plead guilty to a one count federal charge of  “conspiracy to commit interference with commerce by extortion under color of official right” before a U.S. magistrate judge in Albuquerque. McCarson was released on his own recognizance pending sentencing, which hasn’t been set. McCarson’s guilty plea is the first new court activity in over 5 months in the  scandal since criminal defense attorney Rudy Chavez plead guilty in July.

In 2022, Timothy McCarson retired from the Albuquerque Police Department after 16 years with the Albuquerque Police Department. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.

McCarson worked in the APD’s DWI unit for 11 years, receiving an award from Mothers Against Drunk Driving (MADD) Organization for Outstanding Enforcement Officer of the Year in 2019. McCarson also served as an APD drug recognition expert

McCARSON PLEA AGREEMENT

In his plea agreement, McCarson admits his participation in the DWI dismissal scheme began in 2015.  He admits he received cash and non-cash rewards, such as Christmas gifts, to agree not to perform his duties on a particular offender’s case.

In one case, McCarson admits he received $5,000 after dropping a DWI case against one defendant he had arrested after a DWI-related crash. McCarson didn’t take the suspect immediately into custody because the individual was hospitalized with injuries related to the crash. But he never filed the charges in court.

In a second case, McCarson  admits he received money from attorney  Clear and paralegal Mendez and for not appearing at the criminal trial and MVD hearing for a defendant he arrested at a sobriety checkpoint in August 2015. In that case, he admits the defendant in the case “is the uncle of an APD Conspiring Officer and that the APD Conspiring Officer asked Mendez to offer me a bribe in exchange for not appearing as otherwise required.”

The court records in McCarson’s case, and all others who have pleaded guilty, do not  say how much money each collected from participating in the scheme, which began in the mid-1990s.  According to research done by KOAT TV Target 7,  McCarson arrested 26 people who would be represented by Clear, and 14 of those cases would be dismissed. If McCarson was paid a bribe of  $5,000 for each case dismissed, he would have made around $70,000.

Many of the DWI officers were paid thousands of dollars of overtime pay for responding to drunken driving calls. The city’s list of the top 250 highest paid city hall employees in 2015 lists McCarson as the 9th highest paid city employee in 2015 and earning $136,114 that year.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/retired-albuquerque-officer-guilty-dwi-scheme/69810457

https://www.abqjournal.com/news/retired-apd-officer-enters-plea-in-dwi-bribery-scandal/2942898

HOW DWI ENTERPRISE WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward. Arresting officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews and scheduled court hearings. They would also withhold evidence in cases where the suspects hired defense attorney Clear. Clear would then file motions to dismiss the charges. Judges would dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Defendants whose cases were dismissed would typically pay more in legal fees of $5,000 to  $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI.

Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant  qualifies and is defended by the Public Defender’s Office.

On February 12, 2025 DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear admits in his Plea Agreement that for nearly 30 years he led the criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office. According to Clear’s plea agreement, prior to 2022, Clear and his investigator Ricardo “Rick” Mendez would arrange for officers to intentionally fail to appear at required pretrial interviews involving DWI offenders the officers arrested. Clear would file motions to dismiss the proceedings, claiming the officers were necessary witnesses who didn’t show up as required. The courts would dismiss the cases as a sanction against the prosecution.

EIGHT APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF PLEAD GUILTY AS CHARGED

Eight APD officers and one Bernalillo County Sheriff’s Office Deputy have  plead guilty to federal charges of taking bribes. They are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)

2. On February 7, 2025 former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)

3. On February 12, 2025 former APD Officer Neill Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)

4. On March 24, 2025 former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.

5. On April 29, 2025 former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.

6. On May 27, 2025 former APD Officer Lucas Perez plead guilty to “conspiracy to commit interference with commerce by extortion under color of official right.” It was on March 24, 2024 that APD announced it  has  placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

7. On June 23, 2025 former APD OfficerLouis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his paralegal Ricardo Mendez to accept bribes to get DWI cases dismissed. Henckel plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”The maximum penalty is up to 20 years in prison and a fine up to $250,000.

8. On December 15, 2025, retired APD Officer Timothy McCarson  plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”

9. On February 25, 2025,  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his investigator Ricardo “Rick” Mendez  plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.

On January 24, Ricardo “Rick” Mendez, 53, the investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. Mendez is facing 110 years in prison on the charges. On April 29  Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The  likely reason for the delay is that Mendez is providing new information about the DWI scandal and identifying more suspects to be charge.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court. A forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.

DEFENSE ATTORNEY RUDOLPH “RUDY” CHAVEZ PLEADS GUILTY

On July 10, 2025, private criminal defense attorney Rudolph “Rudy” Chavez plead guilty to a federal extortion charge admitting he bribed an Albuquerque police officer in 2023 to help get his  client’s drunken driving case dismissed. Chavez  plead guilty to one count each of interference with commerce by extortion and lying to FBI agents investigating the payoff in March 2024.

In his plea agreement,  Chavez admits he contacted Clear’s assistant Recardo “Rick” Mendez after he was hired by his client who had been arrested in April 2023 by Albuquerque Police Department DWI officer Honorio Alba Jr. Through Mendez, Chavez paid Alba to intentionally not appear in court on the DWI case.  Chavez admits this in his plea agreement:

“I admit that when coordinating the scheme, I knew that Alba was a necessary witness and because Alba planned to fail to appear, I knew that the case and proceedings would likely be dismissed.”

Chavez states in his plea agreement he agreed to be interviewed by FBI agents on March 26, 2024. During his FBI interview, Chavez was warned of the potential criminal consequences of lying to federal law enforcement officers. During his interview with  FBI agents, Chavez denied knowing Alba was not going to appear in court.

In his federal plea agreement, Chavez admits he  lied to  FBI agents and admits he had phone calls with Mendez ahead of the court hearings to ensure Alba would not attend. Chavez  admits  in his plea he spoke on the phone with Mendez after the dismissal “during which I thanked him and asked him to thank Alba.”

TWENTY LAW ENFORCEMENT OFFICERS FROM 3 AGENCIES IMPLICATED

Twenty (20) law enforcement officers have resigned, retired, been terminated or federally charged or indicted since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of private investigator Ricardo “Rick” Mendez  and the law offices of DWI defense attorney Thomas Clear III.  Sixteen APD Officers, three  Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far have been implicated in the bribery racketeering enterprise.

16 APD OFFICERS IMPLICATED, CHARGED OR PLEAD GUILTY

During the past year, a total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock is overseeing the Internal Affairs  investigations. One by one, the accused APD officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 16 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

1. On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned.

2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)

3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.

4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz  admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.

5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)

6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.

7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation played out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.

8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, 2025 Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)

9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.

10. October 16, 2024 Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.

11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.

12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.

13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable. On December 15, 2025, McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”

14. On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal.

15. On May 27,2025 Lucas Perez plead guilty to conspiracy to commit interference with commerce by extortion under color of official right.

16. On March 24, 2024the Albuquerque Police Department (APD) announce it  has  placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant.

17. On June 26, 2025 it was reported that former APD Officer Daniel Carr who served with APD for nearly 20 years and who then became a lateral hire and went to work for the Durango Police Department, became the 16th former APD officer to join the ranks of officers listed on the Bernalillo County District Attorney’s Office ‘Giglio list‘ of officers who are no longer trusted witnesses in court. He was implicated in the DWI bribery and conspiracy case to dismiss cases. Carr immediately resigned from the Durango Police Department after the Department was notified of the action. Carr has not been charged with a crime.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES IMPLICATED

The names and dates of the 3 BCSO officers who have resigned or placed on leave by Sherriff John Allen or who have plead guilty to charges are:

1. On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.

2. On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.

3. March 7^th, BCSO Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.

ONE MEXICO STATE POLICE OFFICER

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave was placed on paid leave as the agency did  its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave was officially fired for his alleged role in November, but he has not yet been criminally charged.

LaFave, who joined State Police in 2012, said in an online public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

The link to a quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

NO AGREEMENTS AS TO SENTENCINGS, NO ONE SENTENCES

Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the judge assigned who will decide the sentences of each defendant. A pre-sentence report will be prepared by sentencing, probation and parole authorities for each defendant, and a recommendation will be made as to sentencing to the judge.

Depending on the actual number of charges plead to by each defendant, they could be facing jail sentences from between 20 years to and as much as130 years in federal prison and could face fines  as low as $20,000 or in excess of $1 million dollars.

To date, none of the defendants who have plead guilty have been sentenced and the  sentencings that were scheduled have been vacated by the courts which has lead to wide ranging speculation as to what is going on with the case. Speculation includes that the investigation has hit problems that make it impossible to complete the investigations of individuals or that other evidence still needs to be gathered against much larger targets in the three agencies that have been implicated.

COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core especially with the involvement of the Bernalillo County Sheriffs Office BCSO and New Mexico State Police Officers.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Justice will not be served until all are charged and sentenced.

City Council District 7 is the mid heights city council district currently represented by Progressive Democrat City Councilor Tammy Fiebelkorn. The district includes the uptown retail business district including the Commons, Winrock and Coronado Shopping Center. The District boundaries are generally Montgomery Boulevard on the North, I-25 on the West, Lomas on the South and Eubank on the East.

District 7 City Councilor Tammy Feibelkorn is aggressively sponsoring “upzoning’’ amendments to the city’s zoning laws known as the Integrated Development Ordinance over the strong opposition of her constituents and neighborhood associations.  Feiebelkorn’s intent with her upzoning efforts is to address what she and Mayor Keller proclaim as a housing crisis for affordable housing by doubling  and tripling density in all established and single dwelling neighborhoods.

City Councilor Feibelkorn wants to allow casita, duplex, townhome and apartment development unilaterally by property owners on all residential property and deny adjacent property owners the rights to object and appeal which have been the historical norm. Feibelkorn wants to allow apartment and retail business development (i.e. convenience stores) on single residential corner lots  without allowing adjacent property owners the right to object nor allow them to appeal. Feibelkorn falsely proclaims unfettered “upzoning” will increase affordable housing by increasing inventory ignoring the reality of market forces.  “Upzoning” will destroy the character of existing neighborhoods and will lead to gentrification.

BIOGRAPHY OF STEVEN HOLMAN

Steven Holman is a resident of City Council District 7.  Steven and his husband Jesus decided to permanently set their roots in Albuquerque in 2023 and purchased their first home in the Bel-Air neighborhood.  They are both everyday working-class citizens who have overcome obstacles like poverty and homelessness to achieve their home ownership.

Steven is a strong believer in accountability in government, having been involved in progressive marches in Washington DC against the Iraq War, for Women’s reproductive rights, for Marriage Equality, and with the Occupy and BLM Movements.  In writing this piece Steven and Jesus want the voices of local communities and their advocates to not be suppressed or silenced.

HOLMAN GUEST COLUMN

Steven Holman submitted the below guest column to be published on www.PeteDinelli.com. He was not compensated for it and his column is being published “free of charge” as a public service.

“UPZONING” CHANGES TO CITY ZONING LAW IS CORPORATE URBANIZATION THAT DOES NOT ADDRESS HOUSING COSTS

BY: STEVEN HOLMAN, Albuquerque resident

We are at a crucial turning point in the identity of our collective home, Albuquerque. Mayor Keller and Councilor Tammy Fiebelkorn support the concept of “upzoning” which they are trying to implement while no one is paying attention through biennial Integrated Development Ordinance (IDO) updates. The IDO is all the city’s zoning laws.

WHAT IS “UPZONING?”

The idea behind “upzoning” is to be able to change residential zoning to high density to allow for apartments and townhomes.  The concept is to flood the market with housing to hopefully bring down the cost of homes. This would allow any homeowner city-wide to change their R1 zoning to high density and allow for duplexes, townhomes, apartments and bodegas on corner lots.

The problem is in how this is being implemented as there is nothing in writing that could stop a developer from buying up a bunch of homes in a neighborhood and putting in high-cost housing.  This would not allow for impact studies on water use, safety, schools, traffic, and infrastructure.  It also does not have any language to protect historic places like Old Town, Historic Neighborhoods or National Monuments like The Petroglyphs.

Even worse is that “upzoning”  does  not allow for any comment or input from residents or community advocates.  It removes height restrictions along transit corridors and it rezones thousands of properties along those corridors from R-1 to R-T.  This removes the protection of the 3% cap on property taxes and leaves it up to interpretation by the county if they would re-assess at market rate or not, having the potential of raising taxes on thousands of seniors and low income households across the city. “Upzoning” completely removes the protective guardrails of zoning and allows for no notice or recourse, except filing a lawsuit.

NOT THE FIRST TIME

“Upzoning” was previously brought forward as a resolution by Councilor Fiebelkorn at the request of Mayor Keller (R-25-167) but was voted down 4-1 by the Land Use Planning and Zoning Committee (LUPZ) in August. Mayor Keller and Councilor Fiebelkorn are attempting to force it through by amending updates to the City Integrated Development Ordinance (IDO) which is a lengthy document that is difficult to navigate and provide public comment.  Within the current process, amendments went to a second Environmental Planning Commission (EPC) hearing on November 20  and were passed.

One EPC commission member boldly said they would like developers to do what they want before removing requests for extra protections for historical sites.  This will proceed to LUPZ for at least one hearing before being presented to the full city council for a final vote.  Full Council votes and review of these kinds of amendments go well into the night with additions and subtractions and changes.

The Mayor and Councilor Fiebelkorn back this under the guise of “affordable housing”. The proposed  IDO amendments allocate for no required “affordable housing” and no language against price speculation.  The term “affordable housing” itself is problematic and does not speak to housing equity or housing justice (dignified housing).

MANUFACTURED HOUSING CRISIS

The “urgent need” for more housing is not based in reality.  Albuquerque’s population has gone down in recent years based on census data.  There is a talking point of needing 50,000 homes over 20 years, but that is for 5 counties and not the city, based on a percentage of growth we are not experiencing.  This is a manufactured crisis supported by private equity and developer money who see nothing but dollar signs in untapped residential properties across Albuquerque.

The issue is not supply, it is the cost of housing due to the same private equity and developers buying up single family homes and apartment complexes as “investment properties.”  The city has done nothing to address this uncontrolled takeover of the housing market.  That is why our prices are so inflated. We have high vacancy, but it is expensive.

This is a fast-tracked zoning change that would bypass every piece of proper planning and allow carte blanche construction across the city’s neighborhoods by developers and private equity interests. It is a handout to promote corporate urbanization at the cost of equity, history and identity.

“UPZONING” INCREASES  GENTRIFICATION

In recent studies it was found that “upzoning” actually increases the gentrification of communities and even worse, raises the cost of living, and reduces racial diversity. In many ways it ironically has been found to reinforce the history of racist and classist zoning of the past by raising prices on the poorest communities, such as what was recently found in a study about “upzoning” in Nashville.  This also removes social mobility because many first time home owner programs require residential single family zoning, further creating a renter class that will be unable to achieve ownership.

“UPZONING “ IS PROGRESSIVE “YIMBY”  AGENDA TO HELP DEVELOPERS

This is all counter to the “YIMBY” or Yes In My Back Yard, progressive talking points supporters of this agenda like to try and justify.  YIMBY itself has been hijacked nationally by the likes of the Koch Brothers, BlackRock and corporations like AirBnB.  It is the co-opting of progressive language to further the agenda of corporate interests.

“Upzoning” is supported by national organizations like StrongTowns, with a local chapter in ABQ.  They are a supposedly progressive minded group whose messaging has been co-opted by private equity and developer interests to further their cause of build anywhere and everywhere without restrictions.

They are very skilled at what they do, being propped up by local political and private equity interests and they will likely show up in your neighborhood or social media to dispute any opposition. They have even gone out to try and “calm down” the rhetoric with marginalized communities against their cause, yet despite being called colonizers to their faces they maintain their agenda and the outreach is only a ploy of damage control to their perception.

ALBUQUERQUE’S “MAJORITY MINORITY” BEING MARGINALIZED

Let’s understand and respect that our city is a majority minority.  We should listen to communities and lift up the voices of the very people who’ve built this city and lived here for generations, not dismiss them.

Imagine high density luxury housing developments gentrifying these communities with zero recourse from the very people who built them.  People are going to be angry when you destroy their livelihoods and price them out of their generational homes and paths towards class mobility.

They have every right to be angry.

But then to demonize people and call them “NIMBY” (Not In My Back Yard) to try and destroy their voices in opposition?  This is the weaponizing of progressive language against marginalized communities standing up for their homes.  It’s colonizing in its methodology of fall in line or be steamrolled.

Ask any marginalized people, be they African American, Indigenous, Latino, Asian, or even LGBTQIA and they will tell you that the erasure of culture and history always happens when monied interests and the government dictate policy.

True public servants want inclusive planning and cooperation with communities to ensure that voices are heard and that changes to neighborhoods are equitable. These IDO changes are excluding the most important part of any city planing, the very people who live here.

MAYOR KELLER AND COUNCILOR FIEBELKORN SELL OUT

Mayor Keller and Councilor Fiebelkorn tout their supposed progressive values, while quietly selling out our entire city to developer and private equity interests that aim to gentrify and price out long time residents. Why? Because they see dollar signs in your homes and communities.  In their world, the inequity of Manifest Destiny never ended.

PLEASE SIGN PETITION

My husband and I created this petition to counter the monied interests, political machines, and nationally backed interests pushing this agenda.  It serves as a means for community voices that are being excluded to finally be heard loud and clear.

It all begins with you.

Please sign and share this petition if you are an Albuquerque resident. Below is the link to sign the petition,

https://www.change.org/p/stop-the-exclusionary-upzoning-of-mayor-keller-and-councilor-fiebelkorn

Thank you.

Steve Holman

DINELLI COMMENTARY AND ANALYSIS

Mayor Keller and City Councilor Tammy Fiebelkorn are aggressively advocating for major changes to all city zoning laws proclaiming a “housing crisis exists” and their plan will increase affordable housing. It will not as they embellish and proclaim a housing shortage of up to 55,000 units. The truth is that Mayor Keller’s 55,000 unit projection, as stated in the Holman guest column, is in fact over a 20-year period, or until the year 2045. The reality is that Keller’s housing shortage is based on a 2% growth rate each year. The truth is the city is in fact losing population, and the actual shortage is about 15,000 perhaps 20,000 units at most.

The term affordable housing is about as misleading as it gets. It is a term often used by politicians, elected officials and developers to promote their own personal or political agendas. Simply put construction costs are consistent when it comes to housing with no real differention  between costs and in today’s market are extremely high as are existing housing costs. When the term “affordable housing” is used by the politicians, elected officials and developer’s, what is meant is “subsidized government housing” also known as Section 8 federal subsidized housing.

Both Mayor Keller and City Councilor Tammy Fiebelkorn  want  to double or triple housing density in established neighborhoods over strenuous objections from property owners and neighborhood associations. They want to allow “upzoning” by residential property owners to increase density and allow casita,  duplex development and townhome development in virtually very stablished neighborhood in the city. They want to allow apartment development and retail business development (i.e convenience stores)  on all corners in all established neighborhoods to benefit developers and to deprive adjacent property owners the right to object and appeal.

Keller and Feibekorn erroneously believe that increased density will increase affordable housing as they simply ignore the market forces and the profit motive. They  argue in essence that “flooding the market” with more housing than what is needed will result in lower cost of housing and make available more housing for sale and rent. It’s a false narrative.

The one thing city does have is open space that can be developed. There is no need to increase density in established neighborhoods that will destroy a neighborhood’s character. Sources within the Planning Department have confirmed the city has already “pre-platted” residential development of 125,000 to 150,000 residential lots for development.

One thing that is clear, there is absolutely no language in the existing Integrated Development Ordinance amendments that specifically requires affordable housing. There is no language in the proposed amendments that addresses private equity and developer price speculation.

With their “upzoning” agenda, both Mayor Keller and City Councilor Fiebelkorn want to make gentrification an official city policy that caters to developers at the expense of neighborhoods and property rights.

City Councilor Feibelkorn, along with City Councilor Joaquin Baca,  is already pushing for City Council public hearings after the first of the year on her proposed amendments to the integrated development ordinance  allowing for unzoning believing that she has more support on the new council. Those hearings could take place as soon as January 5th depending on who is elected the new City Council President and who is appointed as chairperson of the Council’s Land Use and Planning Committee. Please stay tuned.