Every 10 years, the City Charter requires that the Council appoint a committee composed of an equal number of representatives from each Council District to review and make recommendations regarding redistricting the Council Districts based on information from the Federal Census. The Committee is tasked with using the population data from the official 2020 U.S. Census along with any other pertinent information to make a report recommending changes in the Council District boundaries that the Committee decides are necessary based on constitutional principles governing voting rights, population, compactness and other related factors.

The Committee is made up of 18 members, one voting member and one alternate member from each Council District. The Council is required, in appointing a committee that “as nearly as is practicable” be a fair and balanced representation of all geographical areas of the City in the redistricting process and provide a total membership that reflects the racial, ethnic and gender makeup of the City’s population.

The appointed members of the 2022 Citizens Redistricting Committee are:

District 1: Victor Segura, Dan Aragon (Alternate)
District 2: Keith Romero, Joaquin Baca (Alternate)
District 3: Cherise Quezada, Luis Hernandez Jr (Alternate)
District 4: Mark Reynolds, Rebecca Latham (Alternate)
District 5: Steve Smothermon, Robert Aragon(Alternate)
District 6: Cathryn McGill (Chair), Rosendo Najar (Alternate)
District 7: Travis Kellerman (Vice Chair) , Heather Berghmans (Alternate)
District 8: David Buchholtz, Kevin Powers(Alternate)
District 9: Kenneth Pascoe, Thomas R. Stull (Alternate)

The email address of Chairwoman Cathryn McGill is cathryn@nmblc.orggfvf4

There are 7 concept maps before the committee. The link to review all 7 concept maps is here:

https://www.cabq.gov/council/projects/current-projects/2022-city-council-redistricting-process

EDITORS NOTE: The 2022 Redistricting Committee has been meeting twice a month via Zoom since March 9. There are only two more meetings left, June 8th and 29th with meetings beginning at 5:30. The postscript to this blog article information on the June 8th meeting. According to the June 8 agenda, members of the public may attend via Zoom Video Conference at this address:

https://cabq.zoom.us/j/81354237817.
The meeting will also be available via to watch YouTube:

https://youtu.be/XwVPypZAwpg

THE DAVIS/FIEBELKORN REDISTRICTIG CONCEPT MAP

On June 4 it was reported that City Councilors Pat Davis and Tammy Fiebelkorn have submitted to the City’s citizen-led redistricting committee a map they ostensibly came up with by themselves. The proposed map will dramatically realign both City Council District 6, represented by Pat Davis, and City Council District 7, represented by Tammy Fiebelkorn. On May 18, the Citizen’s Redistricting committee voted to accept the Davis/Fiebelkorn map as one of the 4 official maps under consideration. It’s a map that should have been rejected.

The map is Citizen’s Map 4 and can be viewed at this link:

https://www.cabq.gov/council/documents/cabq_citizen_map_4_maps_table.pdf

CURRENT CITY COUNCIL DISTRICTS 6 AND 7

City Council District 6 is represented by two term Democrat Pat Davis who is up for reelection in 2023. However, Davis has indicated that he may not run for a third term claiming he made a two term commitment. Knowing Davis, he could change his mind. District 6 is considered the South East City Council District, which includes Nob Hill and the International District. Lomas between University to Eubank is the northern border of District 6. The western border is University all the way to Mesa Del Sol. The Southern Border is includes Gibson to Louisiana, then zig-zags to Pennsylvania, then zig zags to Eubank. District 6 is considered the most progressive and solid Democrat district in the city.

City Council District 7 is represented by Democrat Tammy Fiebelkorn. On December 7, 2021 Democrat Tammy Fiebelkorn defeated Republican Lori Robertson to succeed 2 term Democrat Dianne Gibson. District 7 is the Mid-Heights District that includes Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. The Northern border is Montgomery, the Eastern border is Eubank, the Southern border is Lomas and the Western border is Carlisle to Menaul and then Menaul to Comanche then to Montgomery. District 7 leans Democrat but is also considered a “swing district” having elected Republicans in the past.

The link to the map of all current city council districts can be found here:

https://www.cabq.gov/council/documents/cabq_2012_current_maps_table.pdf

THE DAVIS/FIEBELKORN CONCEPT MAP

The Davis/Fiebelkorn District 6 and District 7 maps represent a dramatic departure changing borders. The concept map essentially guts both Districts and carves them up to the benefit of Democrat Tammy Fiebelkorn.

DISTRICT 6 CONCEPT BORDERS

The new borders of City Council 6 represented by Pat Davis can be generally described as follows:

The Northern border of District 6 would be Menaul between San Mateo and Louisiana, the north on Louisana to Candelaria, then Candelaria between Louisiana to Eubank.

The Eastern border would be Eubank between Candelaria to Gibson.

The Southern boorder would be Gibson, zig zaging between Pennsylvanis and Louisiana to San Mateo.

The new concept map condenses District 6’s east to west coverage to the area between San Mateo and Eubank, while extending it as far north as Candelaria, taking up most of the Uptown area of Winrock and Coronado shopping areas.

The District 6 population would be 49.2% Hispanic, up from the current level of 46.8%. It keeps the Native American (6.3%) and Asian (2.7%) concentrations the same, it decreases the Black population from 4.5%.to 4.1%, and lowers the white population from 35.2% to 33.8%.

DISTRICT 7 CONCEPT BORDERS

The Davis/Fiebelkorn District 7 concept map, now represented by Fiebelkorn, guts and carves out a large eastern portion of District 7 bordered by San Mateo on the West, Menaul on the North, Louisiana on the East and Lomas on the South.

Other borders of the district are generally described as follows:

The Northern border is Montgomery from the freeway to Wyoming.

The Eastern border includes Wyoming between Montgomery and Candelaria, then goes west on Candelaria, then South on Louisiana to Menaul, then from Menaul to San Mateo and then from San Mateo to Gibson.

The Southern border goes west on Gibson to Carlisle and then “zig zagging” from Carlisle into Mesa Del Sol to include Mesa Del Sol as the Southern portion and boundary of the district.

In other words, District 7 will keep part of its existing Northeast Heights area, but sweeps west of District 6 and takes up the Nob Hill area and the Mesa del Sol development area.

Both the International District and the Nob Hill areas are currently in City Council District 6 represented by Pat Davis. The Nob Hill area along Central under the concept map would be shifted to District 7 and will jettison south to include the Mesa Del Sol development and be represented by City Councilor Fiebelkor.

The International District in the South East Heights would remain in the newly aligned District 6 but the State Fair grounds area and the Uptown area including Coronado Shopping Center and Winrock will be shifted from District 7 to District 6.

REASONS GIVEN FOR CONCEPT MAP

City Councilor Fiebelkorn said of the concept map that she wanted to present an idea that would give the International District’s “large, culturally significant population” a more united voice on the council, yet she does not represent them. She said she thinks International District residents may have more in common with residents just north of Lomas than with the current district that includes Nob Hill, which she called a “completely different demographic.”

City Councilor Fiebelkorn had this to say:

“One of the baselines of redistricting is that we find ways to make marginalized communities have a voice. [This is just an idea]. I want to hear what the folks who have been living and breathing this the last several months think in terms of these various options and what would be the best to make sure everybody is represented in a fair and equitable way.”

City Councilor Pat Davis for his part had this to say about the proposed concept map:

“I think we should have some different voices on the City Council. … If you look at it now, the entire east side of the city is represented by white folks, and I think that shows the current districting is leaving some people out of the process.”

Davis is not term limited and can run for a third term in 2023. Davis for his part has said he’s not prepared to say what he would do if a map carves him out of his own district, which the concept map does. Councilor Davis did say he is not likely running for a third term and that he’s “inclined to honor my commitment to only run for two terms.” Confidential sources have confirmed Davis has indeed told Fiebelkorn and others he is not running and is concentrating on his business trying to secure cannabis licenses for others and he charges upwards of $10,000 for his work.

REDISTRICTING COMMITTEE

The Redistricting Committee Chair is Cathryn McGill. She is the panel’s District 6 representative appointed by Pat Davis. McGill declined to comment specifically on any one of the 7 concept maps. She did say that the goal of redistricting is to achieve equity so that one person equals one vote citywide and said she cares about the International District. McGill had this to say:

“I want to shift and change that narrative and allow people to know how great the International District is, and view it as an asset as opposed to a detriment. If that means we need to take a serious look at drawing different boundaries to improve representation there, I’m certainly going to be open-minded about that.”

The Citizen’s City Council Redistricting Committee has until July 1 to make recommendations to the City Council which has the final say on the boundaries for the 9 council districts. The council may or may not accept the committee’s recommendations.

The redistrict committee will have to approve at least some changes to the current district maps to account for the uneven population growth identified by the 2020 U.S. Census. Some of the maps before the redistricting committee make relatively minor adjustments.

The link to quoted news source material is here:

https://www.abqjournal.com/2505888/councilors-aim-to-give-one-district-more-voice.html

COMMENTARY AND ANALYSIS

There is little doubt that Davis/Fiebelkorn concept map is the most radical map of all the 7 maps under consideration. All 6 other maps make adjustments that are very minor in comparison and essentially “tweaks” the existing Districts, respecting the existing borders and neighborhoods.

The Davis/Fiebelkorn redistricting map can only be considered an abomination. It is a prime example of gerrymandering at its very worse designed to protect newly elected incumbent Tammy Fiebelkorn while the departing city councilor Pat Davis thumbs his nose at his own City Council District 6.

City Councilor Pat Davis is nothing but the hypocrite he is when he says:

“I think we should have some different voices on the City Council. … If you look at it now, the entire east side of the city is represented by white folks, and I think that shows the current districting is leaving some people out of the process.”

Tammy Fiebelkorn is also being a hypocrite and opportunistic to say after a mere 5 months in office:

“One of the baselines of redistricting is that we find ways to make marginalized communities have a voice. … [and give] large, culturally significant populations [a more united voice on the council].”

Pat Davis may want to look into a mirror at himself and while he is at it tell Tammy Fiebelkorn that she is not a woman of color. They are both one of those “white folks” that Davis complains about. Both pretend to know what “marginalized communities” are as they essentially stick their noses into minority issues when they both can be considered “white privilege”.

Fiebelkorn is not talking about her own district when she says she wants to help the marginalized, ostensibly meaning minorities. She is referring to the International District, an area of the city she thinks she knows what is needed as far as representation on the city council is concerned, but an area she does not want to be included in her new district.

City Councilor Fiebelkorn does not currently represent the Nob Hill area, yet she is now advocating just that by cutting out a large portion of her existing district while ignoring those she currently is supposed to be representing. Fiebelkorn wants to “raid” District 6 and absorb the highly progressive Nob Hill area, knowing full well it will increase her own re election chances.

It is not at all difficult to figure out what progressive Democrats Pat Davis and Tammy Fiebelkorn are up to. It is more likely than not that Pat Davis has already decided not to run for another term and he now sees the opportunity to help his progressive ally on the city council Tammy Fiebelkorn. Given her performance on the City Council thus far, it is hoped she will be a one term city councilor.

On June 3, Tammy Fiebelkorn said in an email:

“I have active dialogue with D7 constituents all the time and work with them on a variety of projects.”

Fiebelkorn has been in office a mere 5 months. Confidential sources have said what she has actually done since taking office 5 months ago is meet with her progressive supporters, especially those who are animal rights activists, has attended one Neighborhood Association meeting and meets with and listens to and takes direction from progressive Democrat City Councilor Pat Davis.

The dynamic duo of Fiebelkorn and Davis have come up with a City Council redistricting map that amounts to nothing more than a “political movida” to increase Fiebelkorn’s progressive base. The dramatic border revisions proposed by Councilors Pat Davis and Tammy Fiebelkorn will have a direct and negative impact on the International District and Nob Hill and the entire Dsitrict 7 she represents.

TWO NEW DISTRICTS IS WHAT IS NEEDED

What Redistricting Committee Chair Cathryn McGill said merits repeating:

“I want to shift and change that narrative and allow people to know how great the International District is, and view it as an asset as opposed to a detriment. If that means we need to take a serious look at drawing different boundaries to improve representation there, I’m certainly going to be open-minded about that.”

If the Redistricting Committee truly wants to improve representation of marginalized communities and ensuring they have a voice, it needs to also include planning for the future growth and expansion of the city. Cutting up and radically changing borders of two district is not the solution.

Reader Alan Schwartz had this to say:

“The City went to the current Mayor/Council [form of government] in 1974. There have been 9 council districts from day one. The 1970 population for Albuquerque was 243,751 so that original group of Councilors had a constituent load of 27,083. Almost half a century later the constituent load is 62,728, over twice the original with the same number of districts. Current perspective: At the “ideal” population of 62,728 all 9 districts would be tied for 5th largest city in New Mexico. The three west side districts combined would be the 2nd largest city. Any Charter amendment would, in my opinion, have to be voter initiated because I don’t see the Council ceding any power.”

District 7 is one of the most stable Districts in the City when it comes to overall population, with very little infill and a strong retail area of Coronado and the Winrock Development. District 6 clearly has special needs when it comes to the International District and the Nob Hill area which is now making a major come back after the disastrous ART project and now is not the time to carve the district up so drastically.

One solution would be to add 2 new city council districts expanding the number of city council districts from 9 to 11. The two areas of the city that have the real potential of growth and expansion are the West side, where it is already happening, and the southern part of the city.

With that said, 1 new district should be added to the West side to accommodate the exploding population. 1 City council district could be added to the South side with the International District positioned be the largest voting bloc in District 6.

CONCLUSION

Boith City Councilors Pat Davis and Tammy Fiebelkorn act like the city council districts they represent are their personal property they can carve up and pick and choose who they want to represent. They show a definite lack of respect for the constituents who put them in office reflecting a lack of understanding what public service is all about.

If Fiebelkorn wants to represent the Nob Hill area by excluding a large portion of her existing district, or for that matter wants to represent the International District and speak for the marginalized, she had no business running for City Council District 7 a few month ago only to try and gut the district she represents, jettison a large portion of the district and raid another council district for supporters. Fiebelkorn should be ashamed of herself and should resign now and from City Council so she can move into District 6 and run next year to replace Pat Davis. As far as Pat Davis is concerned, he should also resign so that a person who really wants to represent the district can be appointed, perhaps a person of color and not some “white folk” or some self righteous “white privilege dude”.
_____________________

POSTCRIPT

JUNE 8 REDISTRICTING COMMITTEE MEETING

The 2022 Redistricting Committee has been meeting twice a month via Zoom since March 9. There are only two more meeting left, June 8th and 29th with meetings beginning at 5:30. The schedule for the meetings, the agendas for each and Redistricting Committee Materials and all 7 concept maps can be found at this link:

https://www.cabq.gov/council/projects/current-projects/2022-city-council-redistricting-process
When you clique on the agenda for a particular meeting date, the agenda will appear along with the link.

According to the June 8 agenda, members of the public may attend via Zoom Video Conference at this address: https://cabq.zoom.us/j/81354237817.
Webinar ID: 813 5423 7817
Phone: (669) 900-6833 // 813 5423 7817#
The meeting will also be available via to watch YouTube: https://youtu.be/XwVPypZAwpg

Onn June 8, political commentator Joe Monahan on his political blog “New Mexico Politics With Joe Monahan”, posted his customary report and analysis on the final outcome of the 2022 New Mexico midterms and the resulting long term political repercussions. The link to the full blog is:

http://joemonahansnewmexico.blogspot.com/

HEADLINE: TORREZ CRUISES PAST COLÓN TO TAKE AG PRIZE; RONCHETTI CRUSHES GOP GUV FIELD, PROGRESSIVES AND INCUMBENTS HOLD THEIR OWN IN KEY STATE HOUSE RACES; ELECTION RESULTS AND ANALYSIS UP NEXT

The most watched race of Primary ’22 fizzled fast last night as BernCo District Attorney Raul Torrez cruised past State Auditor Brian Colón, scoring a 53 to 47 win. That nearly guarantees Torrez the AG prize as no Republican has been elected to the post since the 80’s.

It also sends Colón and his BFF AG Hector Balderas into political exile and tightens the grip of Senator Martin Heinrich, their longtime rival, on the state’s majority party.
…

The early returns gave hope the rough and tumble battle would be as tight as predicted when Colón was tied with Torrez but that was in northern NM precincts that he should have been winning easily. Soon the death blow was delivered when the early vote was posted in Big BernCo and Torrez derailed his rival with a decisive double digit victory.

The Torrez win was the second time voters recently looked past the ABQ crime crisis in an election contest, the first being Mayor Keller’s re-election last year as he grappled with a record homicide rate.

Attorney and state Rep. Moe Maestas told our KANW 89.1 FM audience:

There are a lot of moving parts to the crime crisis, not just elected officials. Democrats seem to accept that more than Republicans and it showed in Raul’s win.

Heinrich and Torrez were featured together so often that they reminded you of rat packers Sinatra and Sammy Davis, Jr. Heinrich gets a boost for a possible long off gubernatorial quest but the downside he would have suffered from a Torrez loss could have been crippling. Say what they will, but Heinrich’s chief political asset is his willingness to take risk and last night it again paid off.

The Torrez triumph along with the success of all Dem state House incumbents was a warning shot at Mark Ronchetti as he celebrated his dusting of the field to take the ’22 GOP Guv nod with a 58 percent landslide over his nearest competitor, Rebecca Dow who came in second with 16 percent.

Ronchetti and the R’s want to turn the electorate against MLG by hanging the ABQ crime wave around her neck, but getting to that neck in the state’s largest county will be tricky, given last night’s results, said attorney David Buchholz.

RONCHETTI STORMS FIELD

The Ronchetti win was a fait accompli but the margin was more than healthy, giving him momentum into the general election. However, he scored a 56 percent win in the 2020 GOP US Senate primary only to go on to lose to Democrat Ben Ray Lujan.

In his victory speech he repeated his well-honed arguments about MLG being a member of the “political elite” and how it’s time for an outsider to handle the state’s stubborn ills.

For her part Dow, whose inner circle last week signaled that she would not endorse Ronchetti on Election Night had a change of heart in the face of the bruising defeat and, according to GOP analyst Bob Cornelius was probably pushed along by party leaders.

Still, Paul Guessing the conservative director of the Rio Grande Foundation pointed out that Ronchetti has more healing to do than an ER doctor on the graveyard shift in a GOP that remains badly splintered:
The primary was hard-fought and more divisive than it had to be. In light of the final results, the race got much nastier than it needed to when the goal is to fire MLG.

For her part MLG was all about playing it cool. In a statement she nicked Ronchetti:

We face a choice. . .between a leader who has committed their life to. . .New Mexico and someone who has admitted they don’t know the challenges New Mexicans face, between someone with a track record of building consensus and delivering results and someone who has never run a business or served our state.
For now only a mild rebuke for the TV weather celebrity but the intensity of the campaign is sure to escalate when Ronchetti reloads his cash kitty and runs a nearly exclusive negative campaign to try to persuade Democratic voters to sit out the November election and give him a narrow victory.

The bottom line is this: When and if does MLG get to 50 percent in the polls and dampen any GOP enthusiasm that could threaten a second term? The longer it takes the longer the battle.

STATE HOUSE

When it came to those hyped state House Dem primaries featuring moderate challengers to progressive candidates including some incumbents, it turned out to be a “status quo” election, analyzed attorney Buchholz.

House Speaker Brian Egolf noted that not one House Dem incumbent was knocked off and Buchholz pointed out the biggest progressive loss of the evening was telegraphed long ago–that of former Rep. Jospeh Sanchez who defeated Rep. Roger Montoya in a a northern battle.

There was also a victory for moderate Dem Cynthia Borrego against Darren Aguerro in an ABQ westside district but that was balanced by the huge defeat of moderate Cherise Quezada at the hands of progressive Eleanor Chavez in another westside district.

Moderate challengers going down included big name Socorro Doctor Ravi Bhasker who fell to challenger Tara Jaramillo in House District 38 losing in Sierra, Dona Ana and even Socorro where he has been the elected mayor for over thirty years.

The question in the air before the results arrived was whether State Rep. Patricia Lundstrom would make a play for House Speaker by challenging usually liberal Rep. Javier Martinez as Speaker Egolf heads for the exits. After the mauling of the moderates, the betting is that she won’t.

STATE RACES

In other statewide offices, no surprises. Joe Maestas handily defeated Zack Quintero–57-43–for the Dem nomination. There is no R running so Maestas was effectively elected.

Former Sandoval County Treasurer Laura Montoya easily handled Heather Benavidez, scoring a 59 to 41 victory. Dems are expected to keep the office in their corner in November as no R has been elected to the post in decades.

In BernCo moderate County Commissioner Charlene Pyskoty was aced by liberal Eric Olives in her East Mountain district. If Olivas can hold off a GOP challenger in November–and it could be tough–he will take the seat.

In the North Valley commission district Barbara Baca easily dispatched political newcomer Erin Muffoletto and is on her way to replacing her buddy and Commissioner Debbie O’Malley who is term limited.

Progressive John Allen took the Dem nomination for sheriff running on a police reform platform. The R nominee will be former GOP state Rep. Paul Pacheco.

RAW DATA COUNT

Below is the raw data count as posted by the Secretary State on the contested state wide races and the congressional races:

REPUBLICAN NOMINATION FOR GOVERNOR

JAY C BLOCK: 11% (12,388)
REBECCA L DOW: 15% (18,105)
GREGORY JOSEPH ZANETTI: 14% (16,292)
ETHEL R MAHARG: 2% (1,828)
MARK V RONCHETTI: 58% (68,270)

TOTAL VOTES: 116,883

REPUBLCIAN NOMINATION FOR LIEUTENANT GOVERNOR
|
ANT L THORNTON: 60% (64,026)
PEGGY L MULLER-ARAGÓN: 40% (43,188)

TOTAL VOTES: 107,214

DEMOCRATIC NOMINATIN FOR ATTORNEY GENERAL
|
BRIAN S COLÓN 47% (63,226)
RAÚL TORREZ 53% (72,644)

TOTAL VOTES: 135,870

DEMOCRATIC NOMINATION FOR STATE AUDITOR

ZACKARY A QUINTERO 43% (55,197)
JOSEPH M MAESTAS 57% ( 74,126)

TOTAL VOTES: 129,323

DEMOCRATIC NOMINATION FOR STATE TREASUER

LAURA M MONTOYA 59% (74,931)
HEATHER R BENAVIDEZ 41% (52,676)

TOTAL VOTES (127,607]

CONGRESSIONAL RACES

UNITED STATES REPRESENTATIVE DISTRICT 1

DEMOCRAT INCUMBENT MELANIE ANN STANSBURY RAN UNOPPOSED

REPUBLICAN PRMARY RESULTS

LOUIE SANCHEZ: 41% (18,011)
MICHELLE GARCIA HOLMES: 59% (25,609)

TOTAL VOTES 43,620

UNITED STATES REPRESENTATIVE DISTRICT 2

REPUBLICAN CONGRESSWOMAN YVETTE HERRELL RAN UNOPPOSED

DEMOCRATIC PRIMARY RESULTS

GABRIEL VASQUEZ: 76% (23,896)
DARSHAN NILESH PATEL: 24% (7,487)

TOTAL VOTES: 31,383

UNITED STATES REPRESENTATIVE DISTRICT 3

DEMOCRAT INCUMBENT CONGRESSWOMAN TERESA LEGER FERNANDEZ RAN UNOPOSED

TOTAL VOTES (100%) (46,755)

REPUBLICAN ALEXIS MARTINEZ JOHNSON RAN UNOPPOSED

TOTAL VOTES: 28,598 (100%)

There are two separate city council amendments offered to the Integrated Development Ordinance (IDO) to try and deal with unlawful the homeless encampment’s with the use of city sanctioned encampments. The amendments will create two new “land use” zoning areas that will allow 2 separate types of city sanctioned homeless encampments in all 9 city council districts for a total of 18 city sanctioned homeless encampments.

One is called “safe outdoor spaces” the other “living lots”. City sanctioned homeless encampments will be permitted in open space areas and “commercial, business park and manufacturing zones and in some mixed-use zones”.

“Safe outdoor spaces” will permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The safe outdoor spaces are managed sites where people who are homeless can sleep in tents or automobiles and have on-site restrooms and shower facilities. The Integrated Development Ordinance sets a limit of two in each of the city’s nine council districts. The cap would not apply to those hosted by religious institutions.

“Living lots” will permit homeless encampments for tents, cars and recreational vehicles. No management plans, no rules, no regulations no security and no fencing mandates would be required.

COUNCIL VOTES TO APPROVE “SAFE OUTDOOR” SPACES

On June 6, the Albuquerque city council placed on its agenda for final action the “Living Lots” and “Safe Outdoor Spaces” amendments to the IDO. City Council President Isaac Benton intentionally placed both agenda items at the end of the meeting for a final vote and then limited public comments from individuals to a mere 90 seconds. Numerous citizens appeared before the city council and voiced strong opposition to both “Safe Out Door Spaces” and “Living Lots” with only two voicing support.

Some councilors’ vehemently voiced opposition to “safe outdoor spaces” to the point that the city council voted down the entire update of the Integrated Development Ordiance (IDO). The bill contained well over 100 amendments containing many zoning code changes. The update of the IDO initially failed on a 4-5 vote during Monday’s meeting.

Republican Councilor Trudy Jones, who had voted against the update, subsequently asked to reconsider the legislation. She changed her vote on the second vote, giving the bill a narrow victory.

Republican Jones joined Republican Brook Bassan and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn to pass the legislation.

Republicans Renee Grout and Dan Lewis and Democrats Klarissa Peña and Louie Sanchez voted against it.

After the vote to allow “Safe Outdoor Spaces“, the council voted to defer to the June 22 meeting the enacted amendment on the “living lots” to the Keller administration to draft procedures for safe outdoor spaces. Mayor Tim Keller’s office will now start looking at locations and come up with the details of what resources would be available.

On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and the Safe Outdoor Spaces amendment. That would require at least one city councilor who voted for the Integrated Development Ordinance and Safe Outdoor spaces to change their vote. Meaning one or more of the city councilors of Trudy Jones, Brook Bassan, Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the amendments.

The links to quoted news sources are here:

https://www.abqjournal.com/2506358/council-votes-to-allow-safe-outdoor-spaces.html

https://www.kob.com/new-mexico/albuquerque-city-council-passes-safe-outdoor-spaces-legislation/

UNLAWFUL HOMELESS ENCAMPMENTS

District 7 is the Mid-heights including Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. The Northern boundary is Montgomery, the Eastern Boundary is Eubank, the Southern boundary is Lomas and the Western Boundary is Carlisle to Menaul and then Menaul to Comanche then to Montgomery. On December 7, 2021 Democrat Tammy Fiebelkorn defeated Republican Lori Robertson to succeed 2 term Democrat Dianne Gibson.

Unlawful homeless encampments are becoming more and more of a problem throughout the City and City Council District 7 is no exception. During the month of May, 2 homeless encampments “popped up” in District 7 in the Uptown area of the city.

The first was East of Jerry Cline Park that bordered the park in a vacant, and a fenced with barbed wire on top. The first encampment popped up the second week of May and it was finally removed on May 30. The homeless broke the chains on the fence gate and proceeded to set up 4 tents. Area residents repeatedly call the city for help. The encampment was the subject of repeated posting on Next Door.com

The second unlawful homeless encampment “popped up” literally over night on June 1 with 6 tents. It was South of Coronado Shopping Center, South of the O’Brian Law firm building, West of the Uptown Park Apartments, and North of the San Pedro bridge over I-40. It was located in the drainage area next to apartments.

It took city officials almost two weeks to remove the unlawful encampment at Jerry Cline park yet less than 24 hours to remove the second encampment. The reason for that is notice to vacate was given to the first encampment allowing days to vacate. With the second encampment a demand was made that the city remove it immediately and give no notice which none is required under the law with illegal camping.

EMAIL EXCHANGE

On June 1, 2 and 3, a remarkable exchange of emails occurred between City Councilor Tammy Fiebelkorn, who has been in office for 5 months, and Pete Dinelli. The purpose of the contact by Dinelli was to request Fiebelkorn’s assistance in removal of the second encampment. What occurred was a brush off by Councilor Fiebelkorn telling Dinelli he needed to follow the process of calling 311 and Fiebelkorn revealing her support for “Living Lots” and “Safe Outdoor Space” amendments to the Integrated Development Ordinance

The emails sent by Fiebelkorn were done using a city email address and each had the city logo along with her title thereby making the emails a matter of public record. The email addresses have been edited to reflect only the names of the sender and receiver.

In the interest of full disclosure, Pete Dinelli supported, voted for and donated $100 to Democrat Tammy Fiebelkorn but only after she made it into the runoff. Dinelli had supported Democrat Travis Kellerman. When she made it into the runoff, Dinelli endorsed Fiebelkorn on www.PeteDinelli.com . ( Vote Tammy Fiebelkorn City Council District 7 | (petedinelli.com)

FIRST EMAIL SENT TO ALL CITY COUNCILORS, MAYOR’S OFFICE, APD, FAMILY COMMUNITY SERVICES AND COMMUNITY SAFETY DIVISION

Subject: Request to evict unlawful encampment
Date: 6/1/2022 1:23:01 PM Mountain Standard Time
From: Pete Dinelli
To: [All City Councilors and staff, Mayor Tim Keller and staff, Family Community Services personnel, Community Safety Division personnel, APD Chief Medina and Command Staff]

This homeless encampment popped up literally on June 1 over night with 6 tents. It is located in the mid heights, South of Coronado shopping center, South of the O’Brian Law firm building, West of the Uptown Park Apartments, and North of the San Pedro bridge over I-40. It is located in the drainage area next to apartments.

[Cell phone PHOTO of encampment here.]

FIRST EMAIL FROM FIEBELKORN

Subject: Request to evict unlawful encampment
Date: 6/2/2022 4:38:31 PM Mountain Standard Time
From: Tammy Fiebelcorn
To: Pete Dinelli

Hi Pete,

Thanks,
Tammy

SECOND EMAIL SENT TO ALL CITY COUNCILORS, MAYOR’S OFFICE, APD, FAMILY COMMUNITY SERVICES AND COMMUNITY SAFETY DIVISION

Subject: 24 HOUR CLEAN UP OF ENCAMPMENT; CONGRATULATIONS TO CITY FOR A JOB WELL DONE
Date: 6/2/2022 4:49:02 PM Mountain Standard Time
From: Pete Dinelli
To: [All city councilors, the Mayor, Family Community Services, Community Safety Divion, APD Chief Medina and Command Staff]

Yesterday, June 1, at 1:30 pm, I sent a request to evict a homeless encampment that popped up literally over night on June 1 with 6 tents. It was located in the mid heights, South of Coronado shopping center, South of the O’Brian Law firm building, West of the Uptown Park Apartments. and North of the San Pedro bridge over I-40. It was located in the drainage area next to apartments.

On behalf of a very grateful neighborhood and community, thank you for a job well done. Now this is how good government works. Best wishes.

[BEFORE AND AFTER CELL PHOTO]

SUBSEQUENT EMAIL EXHCHANGES BETWEEN FIEBELKORN AND DINELLI

Subject: Clean up accomplished
Date: 6/2/2022 5:06:55 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn

Yesterday, June 1, at 1:30 pm, I sent my request to evict a homeless encampment that popped up literally over night on June 1 with 6 tents. Today, June 2, I drove by at 4:00 pm and was delighted to see that the encampment was gone presumably because the City took immediate action. Below are the BEFORE AND AFTER photos.

Subject: Clean up accomplished
Date: 6/2/2022 5:09:02 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Pete,

Tammy

Subject: Clean up accomplished
Date:6/2/2022 5:22:50 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn

Have a nice evening.

Subject: Clean up accomplished
Date: 6/2/2022 5:31:44 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Pete,

Tammy

Subject: Your sexist offensive remark
Date: 6/2/2022 6:02:12 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn

Your sexist remark is just as offensive as your arrogance thinking you know it all. Like it or not, you are my city councilor and its obvious you have your own personal agenda. You are hostile to anyone who disagrees with you and could not careless what your constituents think.

Subject: Your sexist offensive remark
Date: 6/2/2022 6:46:27 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Thankfully, most constituents of D7 are kind, caring people who are interested in working together to make positive change. I’ll keep working for and with them.

Tammy Fiebelkorn

Subject: Try asking them what they think
Date: 6/2/2022 10:41:17 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn:

I agree with you that your constituents are kind, caring people, so do please keep working with them and for them. Please ask the handful of constituents you work with if they are okay with having “living lots” or “safe outdoor spaces” in their neighborhood and if they want homeless encampments on city parks like Jerry Cline Park and if they tell you no, please tell them to call 311.

Subject: Try asking them what they think
Date: 6/3/2022 11:21:17 AM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Pete,

Tammy

Subject: Doubt you have any dialogue; City map showing where “living lots” and “safe outdoor spaces” will be allowed
Date: 6/3/2022 12:32:56 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn:

I have written and published numerous articles with research on this issue, have sent them to you, and have never once heard a word from you until now when I asked you to do something about an encampment. You told me to follow the process and then insulted me with a sexist remark.”

COMMENTARY AND ANALYSIS

Fiebelkorn has been in office a mere 5 months. It is hard to take Fiebelkorn serious when she says “I have active dialogue with D7 constituents all the time and work with them on a variety of projects” . The only active dialogue she is known for is talking to her progressive democrat supporters who tell her she is doing a great job.

Confidential sources say what Fiebelkorn has actually done since taking office is meet with her progressive supporters, especially those who are animal rights activists. She has attended a Neighborhood Association meeting and meets with and listens to and takes direction from progressive Democrat City Councilor Pat Davis.

FITTING IN AFTER 5 MONTHS

City Councilor Tammy Fiebelkorn is fitting in with the existing Albuquerque City Council given that she is exhibiting more than a few nasty little traits of some other city councilors and in particular Democrat City Council Isaac Benton, who is the current city council President. He has the reputation of brow beating constituents and city officials during city council meeting or in private. When Benton does not like what you say, he brushes you off or cuts you off or simply ignores you.

One particular incident involving Benton’s dubious conduct worth remembering is when Benton got into a very heated argument with a constituent at a public meeting on the ART Bus project and a photo was taken of a woman separating a screaming Benton from another. The photo appeared in the Albuquerque Journal.

City Councilor Tammy Fiebelkorn needs stop and listen to those she disagrees with and maybe, just maybe, she might learn a thing or two and realize she does not know it all. One thing that is now known for certain is that Tammy Fiebelkorn is a sexist. It is also known she makes up her mind in a vacuum without educating herself on what her constituents actually want.

City Council District 7 voters need to contact Tammy Fiebelkorn before the June 22 meeting of the Albuquerque City Council and make their opinions known about “Living Lots” and “Safe Outdoor Spaces” and ask that she change her vote.

It is often said that being an elected city councilor is the most difficult job of all because you are so close to the garbage cans. Public service as an elected official and as a government employee is about listening, even listening to those you do not like or care for in any way. Voters have the right to contact their elected officials directly and to voice their concerns and not be brow beaten and subject to sexist insults. Voters have the right to ask for help with a problem and not be told to follow “the process.” It’s called constituent services.

Voters have every right to question the job performance of any city councilor, and if any city council does do not like it, they have no business running and holding office.

TELL COUNCIL TO RECONSIDER AND VOTE NO

“Safe outdoor spaces” and “living lots” will be a disaster for the city as a whole. Both will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing.

The public needs to make their opinions known and tell the city council to reconsider and reject both zoning allowances at the June 22 city council meeting.

The email address to contact each city councilor and the Director of Counsel services are as follows:

lesanchez@cabq.gov

louiesanchez@allstate.com

ibenton@cabq.gov

kpena@cabq.gov

bbassan@cabq.gov

danlewis@cabq.gov

LEWISABQ@GMAIL.COM

patdavis@cabq.gov

tfiebelkorn@cabq.gov

trudyjones@cabq.gov

rgrout@cabq.gov

cmelendrez@cabq.gov

____________________

POSTSCRIPT

Below are the blog articles that have been sent to all 9 City Councilors sent without a courtesy of an acknowledgement:

June 6

Dinelli ABQ Journal Guest Column: “Why won’t mayor, APD chief get homeless out of parks?; NEWS UPDATE: APD Rescinds Special Orders Not To Enforce Laws Against Homeless In City Parks; APD Must Demand Immediate Removal Of Unlawful Encampments

https://www.petedinelli.com/2022/06/05/dinelli-abq-journal-guest-column-why-wont-mayor-apd-chief-get-homeless-out-of-parks-news-update-apd-rescinds-special-orders-not-to-enforce-laws-against-homeless-in-city-parks/

May 31

APD Chief Harold Medina Abuse Of Power: Orders APD Sworn Not To Arrest Homeless For Trespassing At City Parks; City Gives 72 Hour “Notices To Vacate” Unlawful Encampment When Immediate Removal Should Be Ordered

https://www.petedinelli.com/2022/05/31/apd-chief-harold-medina-abuse-of-power-orders-apd-sworn-not-to-arrest-homeless-for-trespassing-at-city-parks-city-gives-72-hour-notices-to-vacate-unlawful-encampment-when-im/

May 27

Judy Young and Valere McFarland Guest Column: Campus Model Is Better Alternative To “Living Lots” And “Safe Outdoor Spaces”

https://www.petedinelli.com/2022/05/27/judy-young-and-valere-mcfarland-guest-column-campus-model-is-better-alternative-to-living-lots-and-safe-outdoor-spaces/

May 17

Guest Column By Valere McFarland, Ph.D : “Housing Best Solution To Solve Homeless Crisis, Not City Sanctioned Homeless Encampments”; City To Purchase Tents; Council Needs To Vote NO Rejecting “Living Lots” and “Safe Outdoor Spaces”

https://www.petedinelli.com/2022/05/17/guest-column-by-valere-mcfarland-ph-d-housing-best-solution-to-solve-homeless-crisis-not-city-sanctioned-homeless-encampments-city-to-purchase-tents-council-needs-to-vote-no/

May 16

City Purchased Tents Proposed For “Safe Outdoor Spaces”; “Tent City’s” Will Destroy City’s Permanent Housing Efforts ; Scant Evidence Found On How Permanent Homeless Shelters Affect Surrounding Community; Safe Outdoor Spaces Will Make City “Land of Encampments”

https://www.petedinelli.com/2022/05/16/city-purchased-tents-proposed-for-safe-outdoor-spaces-tent-citys-will-destroy-citys-permanent-housing-efforts-scant-evidence-found-on-how-pe/

May 9

Brook Bassan Wants “Living Lots” and “Safe Outdoor Spaces ” For Homeless; Proclaims “Our Unhoused Neighbors Need Help”; They Are “Illegal Squatters”; Bassan Ignores City Now Spending $114 Million For Services and Shelter For Homeless; Garbage Collection Rate Hike To Clean Homeless Encampments Obscene With $1.4 Billion Budget

https://www.petedinelli.com/2022/05/09/brook-bassan-wants-living-lots-and-safe-outdoor-spaces-for-homeless-proclaims-our-unhoused-neighbors-need-help-they-are-illegal-squatters-bassa/

April 25

Link to Dinelli article “ABQ Will Be “The Land of Encampment” With 45 City Sanctioned Homeless Encampments; ABQ Journal Advocates Pilot Project; Journal Center Would Be Ideal Location For Pilot Project; The Rise Of Tent Cities In America; Permanent Shelter, Enforcement Actions, Solution To Encampments, Not Tent Cities”

https://www.petedinelli.com/2022/04/25/abq-will-be-the-land-of-encampment-with-45-city-sanctioned-homeless-encampments-abq-journal-advocates-pilot-project-journal-center-would-be-ideal-location-for-pilot-project-the-r/

April 4

City Sanctioned Homeless Encampment Coming To Open Space Area Near You!; City Council To Allow 45 Homeless Camps For 1,800 Homeless And Allowing Up To 40 Tents; Councilors Need Their Heads Examined And Tour Coronado Park

https://www.petedinelli.com/2022/04/18/city-sanctioned-homeless-encampment-coming-to-open-space-area-near-you-city-council-to-allow-45-homeless-camps-for-1800-homeless-and-allowing-up-to-40-tents-councilors-need-their-heads-exami/

April 25

ABQ City Council Schedules Public Hearings For Zone Changes To Allow 45 City Sanctioned Homeless Camps Spread Out Over All 9 City Council Districts; Rules Relaxing Converting Nonresidential Properties To Residential Use; Public Encouraged To Attend Or Contact Their Counselors

https://www.petedinelli.com/2022/04/21/abq-city-council-schedules-public-hearings-for-zone-changes-to-allow-45-city-sanctioned-homeless-camps-spread-out-over-all-9-city-council-districts-rules-relaxing-converting-nonresidential-propert/

On June 6, 2022, the Albuquerque City Council is scheduled to consider at its last regularly scheduled meeting before it takes a summer break until August two amendments to the Integrated Development Ordinance (IDO).

The amendments will create two new “land use” zoning areas that will allow 2 separate types of city sanctioned homeless encampments in all 9 city council districts for a total of 18 city sanctioned homeless encampments.

One is called “safe outdoor spaces” the other “living lots”. City sanctioned homeless encampments will be permitted in open space areas and “commercial, business park and manufacturing zones and in some mixed-use zones”.

“Safe outdoor spaces” will permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered.

“Living lots” will permit homeless encampments for tents, cars and recreational vehicles. No management plans, no rules, no regulations no security and no fencing mandates would be required.

Coronado Park is the city’s sanctioned “de facto” homeless encampment where services to the homeless are offered. With 70 to 80 tents crammed into the park it is proof that government sanctioned encampments do not work. The park has an extensive history of lawlessness including drug use, violence, murder, rape and people suffering mental illness.

OPEN EMAIL TO CITY COUNCIL

On June 6, the following email was sent the all City Councilors and Mayor Tim Keller:

June 6, 2020

To: All Albuquerque City Councilors
From: Pete Dinelli
CC: City Council Services

Re: VOTE NO ON LIVING LOTS AND SAFE OUTDOOR SPACES AMENDMENTS TO INTEGRATED DEVELOPMENT ORDINANCE

The purpose of this email is request that the Albuquerque City Council Vote “No” on the “safe outdoor spaces” and “living lots” amendments to the Integrated Development Ordinance (IDO.) The City of Albuquerque Planning Department has failed to secure sufficient input from the community and all city council districts as to the public’s desire and support of the amendments. A city council sponsored city-wide survey is in order.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” and force them to move on.

THE CAMPUS MODEL

While Gateway Hub at the former Lovelace Gibson Medical Center is a step in the right direction, because of its design, will not be large enough to serve the needs of the homeless population in unsanctioned encampments. Therefore, the City Council needs to consider the The Campus Model that will provide an additional step to the Gateway Homeless Shelter for transitioning to permanent housing. Alternative to Encampments.

The Campus Model should be located outside the city where larger tracts of land at cheaper prices can be purchased. Two possible locations are: (a) The existing Westside Emergency Housing Center. It is a county/city operated facility, but the city owns the land. The existing building will need to be razed but there is land to utilize while this is being done. (b) A second site may be the Double Eagle II airport where the city also owns large areas of land.”

The link to a quoted blog article on the campus model is here:

https://www.petedinelli.com/2022/05/17/guest-column-by-valere-mcfarland-ph-d-housing-best-solution-to-solve-homeless-crisis-not-city-sanctioned-homeless-encampments-city-to-purchase-tents-council-needs-to-vote-no/

CONCLUSION

“Safe outdoor spaces” and “living lots” will be a disaster for the city as a whole. Both will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing. The city council needs to reject both zoning allowances.

BLOG ARTICLES

Below are blog articles containing research with links published in the last 2 months on the subject. These blog articles have been sent to the city council and are requested to be made part of the council record.

June 6

Dinelli ABQ Journal Guest Column: “Why won’t mayor, APD chief get homeless out of parks?; NEWS UPDATE: APD Rescinds Special Orders Not To Enforce Laws Against Homeless In City Parks; APD Must Demand Immediate Removal Of Unlawful Encampments

https://www.petedinelli.com/2022/06/05/dinelli-abq-journal-guest-column-why-wont-mayor-apd-chief-get-homeless-out-of-parks-news-update-apd-rescinds-special-orders-not-to-enforce-laws-against-homeless-in-city-parks/

May 31

APD Chief Harold Medina Abuse Of Power: Orders APD Sworn Not To Arrest Homeless For Trespassing At City Parks; City Gives 72 Hour “Notices To Vacate” Unlawful Encampment When Immediate Removal Should Be Ordered

https://www.petedinelli.com/2022/05/31/apd-chief-harold-medina-abuse-of-power-orders-apd-sworn-not-to-arrest-homeless-for-trespassing-at-city-parks-city-gives-72-hour-notices-to-vacate-unlawful-encampment-when-im/

May 27

Judy Young and Valere McFarland Guest Column: Campus Model Is Better Alternative To “Living Lots” And “Safe Outdoor Spaces”

https://www.petedinelli.com/2022/05/27/judy-young-and-valere-mcfarland-guest-column-campus-model-is-better-alternative-to-living-lots-and-safe-outdoor-spaces/
May 17

Guest Column By Valere McFarland, Ph.D : “Housing Best Solution To Solve Homeless Crisis, Not City Sanctioned Homeless Encampments”; City To Purchase Tents; Council Needs To Vote NO Rejecting “Living Lots” and “Safe Outdoor Spaces”

https://www.petedinelli.com/2022/05/17/guest-column-by-valere-mcfarland-ph-d-housing-best-solution-to-solve-homeless-crisis-not-city-sanctioned-homeless-encampments-city-to-purchase-tents-council-needs-to-vote-no/

May 16

City Purchased Tents Proposed For “Safe Outdoor Spaces”; “Tent City’s” Will Destroy City’s Permanent Housing Efforts; Scant Evidence Found On How Permanent Homeless Shelters Affect Surrounding Community; Safe Outdoor Spaces Will Make City “Land of Encampments”

https://www.petedinelli.com/2022/05/16/city-purchased-tents-proposed-for-safe-outdoor-spaces-tent-citys-will-destroy-citys-permanent-housing-efforts-scant-evidence-found-on-how-pe/

May 9

Brook Bassan Wants “Living Lots” and “Safe Outdoor Spaces ” For Homeless; Proclaims “Our Unhoused Neighbors Need Help”; They Are “Illegal Squatters”; Bassan Ignores City Now Spending $114 Million For Services and Shelter For Homeless; Garbage Collection Rate Hike To Clean Homeless Encampments Obscene With $1.4 Billion Budget

https://www.petedinelli.com/2022/05/09/brook-bassan-wants-living-lots-and-safe-outdoor-spaces-for-homeless-proclaims-our-unhoused-neighbors-need-help-they-are-illegal-squatters-bassa/

April 25

Link to Dinelli article “ABQ Will Be “The Land of Encampment” With 45 City Sanctioned Homeless Encampments; ABQ Journal Advocates Pilot Project; Journal Center Would Be Ideal Location For Pilot Project; The Rise Of Tent Cities In America; Permanent Shelter, Enforcement Actions, Solution To Encampments, Not Tent Cities”

https://www.petedinelli.com/2022/04/25/abq-will-be-the-land-of-encampment-with-45-city-sanctioned-homeless-encampments-abq-journal-advocates-pilot-project-journal-center-would-be-ideal-location-for-pilot-project-the-r/

April 4

City Sanctioned Homeless Encampment Coming To Open Space Area Near You!; City Council To Allow 45 Homeless Camps For 1,800 Homeless And Allowing Up To 40 Tents; Councilors Need Their Heads Examined And Tour Coronado Park

https://www.petedinelli.com/2022/04/18/city-sanctioned-homeless-encampment-coming-to-open-space-area-near-you-city-council-to-allow-45-homeless-camps-for-1800-homeless-and-allowing-up-to-40-tents-councilors-need-their-heads-exami/

April 25

ABQ City Council Schedules Public Hearings For Zone Changes To Allow 45 City Sanctioned Homeless Camps Spread Out Over All 9 City Council Districts; Rules Relaxing Converting Nonresidential Properties To Residential Use; Public Encouraged To Attend Or Contact Their Counselors

https://www.petedinelli.com/2022/04/21/abq-city-council-schedules-public-hearings-for-zone-changes-to-allow-45-city-sanctioned-homeless-camps-spread-out-over-all-9-city-council-districts-rules-relaxing-converting-nonresidential-propert/

The following guest editorial column was published on Sunday, June 5, by the Albuquerque Journal:

Headline: Why won’t mayor, APD chief get homeless out of parks?
BY PETE DINELLI / FORMER ALBUQUERQUE CITY COUNCILOR AND CHIEF PUBLIC SAFETY OFFICER
PUBLISHED: SUNDAY, JUNE 5TH, 2022 AT 12:02AM
UPDATED: SUNDAY, JUNE 5TH, 2022 AT 12:15AM

APD Chief Harold Medina has issued written orders to all APD officers on how to deal with unlawful homeless encampments found at city parks. Police are ordered “not to attempt enforcement of littering, trespassing, obstruction of sidewalk” and laws and ordinances unless the Family Community Services Department requests such enforcement and only after FCS department personnel determine the homeless camper is continuing to trespass after being given a 72-hour “notice to vacate.”

Unlawful encampment homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and want to camp at city parks really give the city no choice but to make it totally inconvenient for them to “squat” and force them to move on or be arrested by APD.

The link to the Albuquerque Journal guest column is here:

https://www.abqjournal.com/2504874/why-wont-mayor-apd-chief-get-homeless-out-of-parks.html

NEWS UPDATE: APD RECINDS SPECIAL ORDER ON UNLAWFUL ENCAMPMENT

On April 26, 2022, APD Chief Harold Medina issued APD “Department Special Order 22-46” to “ALL DEPARTMENT PERSONNEL” with the subject line “PROCESS FOR RESPONDING TO AN UNLAWFUL ENCAMPMENT ON PUBLIC PROPERTY”.

The special order prevented APD from enforcing littering, trespassing and other laws and ordinances against the homeless unless the Family Community Services Department personnel requested such enforcement and only after a 72-hour notice to vacate.

The special order made clear APD police were not throw away or remove any personal property associated with an encampment nor direct any other agency or person to throw away or remove any personal property. Under the special order, APD Police could remove only items that created an immediate hazard or obstruction but had to coordinate with FCS Department personnel to store any personal property removed.

The special order made clear that police officers were not to seize personal property, including illicit drugs and weapons. The mere possession of illegal drugs, drug paraphernalia, or a weapon under the special order was not to be considered by police in and of itself as constituting an immediate hazard.

BLOG ARTICLE PUBLISHED

On May 31, the Dinelli blog article was published entitled “APD Chief Harold Medina Abuse Of Power: Orders APD Sworn Not To Arrest Homeless For Trespassing At City Parks; City Gives 72 Hour “Notices To Vacate” Unlawful Encampments When Immediate Removal Should Be Ordered” . The article was a detailed analysis of the special-order provisions that prohibit APD police officers from making arrests of the homeless at city parks.

You can read the entire blog article at this link:

https://www.petedinelli.com/2022/05/31/apd-chief-harold-medina-abuse-of-power-orders-apd-sworn-not-to-arrest-homeless-for-trespassing-at-city-parks-city-gives-72-hour-notices-to-vacate-unlawful-encampment-when-im/

SPECIAL ORDER SO 22-46 RESCINDED

On June 3, APD Chief Harold Medina authorized the issuance of a formal recission of Special Order SO 22-46. It was signed by Deputy Chief Michael Smothers with sources confirming that Chief Medina was out of town.
Below it the recission order in full sent out on APD letter head:

June 2, 2002

DEPARTMENT SPECIAL ORDER – SO 22-46 (RESCINDED)

SUBJECT: PROCESS FOR RESPONDING TO AN UNLAWFUL ENCAMPMENT ON PUBLIC PROPERTY (RESCINDED)

“Effective immediately, Department Special Order 22-46, Process for Responding to an Unlawful Encampment on Publc Property, is now rescinded.

Questions about this Special Order may be directed to Field Services Bureau Deputy Chief of Police Joshua Brown.”

ISSUED BY:

MICHAEL SMATHERS
Acting Chief of Police

COMMENTARY AND ANALSIS

The APD High Command is to be commended for coming to their senses about a very poorly drafted and ill advised Special Order 22-46. Law enforcement can and must play a vital role in dealing with the city’s homeless crisis and do so with the application of constitutional policing practices.

On June 1, Mayor Tim Keller announces the appointment of 3 new executive staff. Keller announce the appointment of Katarina Sandoval the new Chief Operations Officer (COO), Annie Manriquez as Deputy Chief of Staff, and Bob White as Associate Chief Administrative Officer. Mayor Tim Keller had this to say about the appointments:

“Each of these hires fills a key role to help us keep things running smoothly, and enable us to push progress on top priorities from public safety to homelessness and housing to investing in growing our city. … These leaders bring a complementary mix of experience to our office.”

KATARINA SANDOVAL, CHIEF OPERATIONS OFFICER

Katrina Sandoval currently serves as the Deputy Secretary of Finance and Operations and Academic Engagement and Student Success at the New Mexico Public Education Department. She and her team collectively oversee the implementation of multiple federal and state programs that total over a billion dollars, including audit, accounting, budget, capital outlay, fiscal grants management, procurement and transportation. Additionally, she and her team oversee programs that support student health and wellness, extended learning, extracurricular and enrichment activities out of school, community schools, attendance, and systems of supports. Ms. Sandoval has served as the Deputy Secretary of Academic Engagement and Student Success for the New Mexico Public Education Department, as well as Chief Academic Officer and Associate Superintendent of Albuquerque Public Schools. She becomes the first woman to serve as COO in the City’s modern history. Sandoval is a graduate of West Mesa High School, holds a bachelor’s degree from Stanford University and a master’s degree from Harvard University. She is the mother of three children who attend public New Mexico schools.

Katarina Sandoval had this to say about her appointment:

“Throughout my career I have been dedicated to helping large New Mexico organizations be more effective and better able to meet public expectations and drive impact in the daily lives of people from all walks of life. Now, I’m ready to help our Administration make Albuquerque a more safe, innovative and inclusive city. Together with our department leaders, I’m confident we can move the needle on key priorities facing the Duke City.”

ANNIE MANRIQUEZ, DEPUTY CHIEF OF STAFF

Annie Manriquez is replacing Justine Freeman, who left the mayor’s office to be chief impact officer in the city’s Finance & Administrative Services Department.

Prior to joining the City of Albuquerque, Manriquez served as Governor Lujan Grisham’s senior advisor for cyber and critical infrastructure and before that, spent more than a decade in Washington D.C. where she earned a reputation for creating innovative solutions to complex organizational, financial, and national security challenges throughout multiple presidential administrations. At the MITRE Corporation, a Federally Funded Research and Development Corporation (FFRDC), Annie led the Intelligence Analysis and Strategy Department and worked with agencies across the Executive Branch to overhaul and modernize multi-billion-dollar government programs. Manriquez held previous appointments at the Woodrow Wilson Center for International Scholars, the Department of Energy’s National Nuclear Security Administration, and Congresswoman Ellen O. Tauscher. She is a graduate of the University of California in Santa Barbara.

Annie Manriquez had this to say about her appointment as Deputy Chief of Staff:

“I am grateful for the opportunity serve the Administration and the people of Albuquerque,” said , Deputy Chief of Staff. “I look forward to bringing a strategic lens to processes and initiatives in the Mayor’s office to systematically achieve positive outcomes for our city.”

BOB WHITE, ASSOCIATE CHIEF ADMINISTRATIVE OFFICER

Bob White has over 40 years of experience as an attorney and public servant, formerly serving as assistant city attorney and then city attorney. He is an expert in land use, administrative, and government law. He has shared his legal expertise vastly with private and public entities across the state. White was also elected as an Albuquerque City Councilor from 1979 to 1983, where he served as Council President in 1983. He has served on the boards of various community organizations working to advance equity and the arts. White is a graduate of the University of New Mexico and received his J.D. from the University of Houston School of Law. In 2010, Bob White retired as City Attorney within 7 months after the election of Mayor Richard Berry who made it known he wanted to replace White as City Attorney with long time Republican political operative Rob Perry.

Bob White had this to say about returning to city hall after 7 years:

“I’m very happy to rejoin the City and put my experience to work to help achieve big goals for Albuquerque. … There’s important work to come, and I look forward to collaborating across the City to get it done.”

MANNY MANRIQUEZ, INNOVATION & COMMERCIAL DEVELOPMENT MANAGER, AVIATION DEPARTMENT

Manny Manriquez was born in Oakland, CA and moved to Albuquerque at a young age. He earned his B.A. in political science and Asian studies at UC Berkeley and his M.A. in International Affairs at Georgetown University’s School of Foreign Service. For nearly 20 years, Manny’s academic and professional careers have focused on various policy issues—especially commerce, trade, next-generation mobility, and national security.

After graduate school, Mr. Manriquez worked in Washington, D.C. for the National Nuclear Security Administration’s Office of Nonproliferation and International Security managing science and technology engagement projects in the former Soviet Union. He then worked at the Japan Automobile Manufacturers Association’s (JAMA) D.C. office for 9 years, first as Director of Government and Public Affairs, followed by six years as the office’s General Director and JAMA’s chief representative in the U.S.

https://www.cabq.gov/mayor/news/mayor-keller-announces-new-hires-1

CARISSA VENDER, SMALL BUSINESS LIAISON, ECONOMIC DEVELOPMENT DEPARTMENT

Carissa Vender has been a resident of Albuquerque for 38 years, moving here when her father was stationed at Kirtland AFB. Holding both Bachelor’s and Master’s Degrees in Architecture from UNM, she has worked for several local architecture firms, gaining experience in government and private sector work. Taking the leap into what she refers to as “accidental entrepreneurship”, Carrie left architecture in 2006 to found Cake Fetish Cupcakes and later Rebel Donut which she sold in 2019.

https://www.cabq.gov/mayor/news/mayor-keller-announces-new-hires-1

ACTING CHIEF ADMINISTRATIVE OFFICER LAWRENCE RAEL

Lawrence Rael now filling in as chief administrative officer. Rael, who has worked in multiple other city administrations, had served as COO since Keller took office in late 2017. He stepped up to the CAO role when Sarita Nair resigned from the post. Rael remains CAO on only an interim basis and it’s unclear when if Keller will appoint Lawrence Rael permanent Chief Administrative Officer. Mayor Keller’s spokeswoman did not directly answer a question about whether the Keller intended to nominate Rael for the position.

The links to quoted source material are here:

https://www.cabq.gov/mayor/news/mayor-keller-announces-new-chief-operations-officer-more-additions-to-city-leadership

https://www.abqjournal.com/2504363/keller-makes-his-choices-for-city-leadership-posts.html

NEW CITY ATTORNEY EXPECTED

On May 17, it was announced in a press release that City Attorney Esteban Aguilar, Jr. was leaving his position at the end of May to focus on his family as a first-time father. Aguilar has been on paternity leave over the last few months and officially wrap up his work at the end of May. Aguilar has spent the past four years as city attorney having been appointed by Mayor Tim Keller in 2018. At the time of his departure, Aguilar had this to say:

“The City’s legal staff is collectively the most talented group of individuals I’ve worked with. I’m grateful to have played a role in building out the department and creating a culture that supports individuals to do their best for the people of Albuquerque. … It’s been an incredible opportunity to work with such a dedicated team, and I look forward to what they’ll continue to accomplish.”

In the press release announcing the resignation of City Attorney City Attorney Esteban Aguilar, Jr. , no information was given as to who is acting City Attorney but that the city was advertising for applicants.

By all accounts, City Attorney Esteban Aguilar, Jr. has done a respectable job, especially with dealing with the Department of Justice and the DOJ consent decree. However, his appointment as City Attorney by Mayor Tim Keller in 2018 was controversial at the time. The position of City Attorney was advertised and upwards of 20 applicants applied and the advertising for the potion was closed. Esteban Aguilar, Jr was not an applicant. It was common knowledge that Tim Keller was not satisfied with the applicants at the time and he said in a private discussion he wanted a city attorney in his age group of 40+. Keller recruited Aguilar, who was 40 at the time, to be the new city attorney replacing Republican political operative David Tourick.

WHISTLE BLOWER LAWSUIT RECALLED ALLEGING AGE DISCRIMINATION IN KELLER HIRING PRACTICES

On January 24, 2021 a “whistleblower lawsuit” was filed against the Mayor Tim Keller Administration in State District Court by a terminated Deputy Human Resources Director. According to the lawsuit, the former employee alleged that she was repeatedly directed to hire preselected people, fabricate reasons for reassigning others and give preferential treatment to “millennial” job candidates and “friends and allies” of Keller’s executive management team.

Keller’s executive team at the time included Chief Administrative Officer Sarita Nair, Chief Operations Officer Lawrence Rael and Chief Financial Officer Sanjay Bhakta and all 16 Department Directors. Bhakta is named in his professional capacity in overseeing the Human Resources Department and in and individual capacity. All of the executive team are at will employees and serve at the pleasure of Keller.

A link to the full Albuquerque Journal article is here:

https://www.abqjournal.com/2353571/past-city-official-files-whistleblower-suit.html

The plaintiff in the whistleblower case was identified as Patricia Martinez. She was the Deputy Director of the city’s Human Resources Department. She was fired January 31, 2020 by Chief Financial Officer (CFO) Sanjay Bhadka, who oversees the Department of Human Resources. She is claiming that Mayor Tim Keller’s administration manipulated the city’s hiring and personnel rules and regulations, merit system ordinance, demanding that she do the Keller Administration’s bidding. According to the lawsuit, she raised concerns with City Attorney Estaban Aguilar and to the City’s Inspector General and she was fired for it.

The allegations include that the Keller Administration Human Resources Department is “driven by a mayoral administration with an agenda of “quid pro quo” practices, cronyism, racism, defiance of the state’s Inspection of Public Records Act and a general spirit of flouting established City of Albuquerque rules and regulations and best practices”.

Specific allegations in the whistle blower lawsuit include the following:

1. Members of the Keller’s executive team directed her to hire a specific person as a Human Resources Investigator with Chief Financial Officer (CFO) Sanjay Bhakta instructing her to score that candidate the highest for the position, even if a current city employee scored better. Bhakta oversees Human Resources.

2. CFO Bhakta directed Martinez to personally check on an applicant and find him a job in Human Resources because Bhakta “knew his mother.”

3. Keller’s project manager and the city’s planning director told Martinez “that Mayor Keller wanted to restructure the Planning Department in an effort to remove two employees”. According to the lawsuit, Martinez said she told Bhakta the two employees were classified positions and that they could not be removed was without cause as per the personnel rules and regulations.

4. A senior personnel officer from Municipal Development asked Martinez to lower a division manager’s salary “to assist him in double dipping on external retirement benefits,” and that Bhakta had already made that request once previously. According to the lawsuit, Martinez denied the request.

5. CFO Bhakta is alleged to have said that “blacks and Hispanics are dumb’ or words to that effect.”

6. Bhakta and City Atorney Esteban Aguilar Jr. on separate occasions gave Martinez directions meant to subvert the state’s public records law, with Bhakta telling her not to put certain information in email and Aguilar asking for documents to be hand-delivered to avoid a paper trail.

7. Bhakta told Martinez to transfer the Albuquerque Police Department’s Human Resources coordinator to the Aviation Department, “despite the fact [the Aviation Deparment] was already staffed with three other HR administrators.” That shuffling created a spot at APD that officials could use to reassign someone they wanted removed from the central Human Resources Department.

OTHER ALLEGATIONS

According to the lawsuit, “members of Keller’s executive team’ told Martinez that the mayor and others on his team wanted to replace the director and employment manager who were working in the HR Department at the time. They told Martinez — who started as Albuquerque’s deputy HR director in October 2018 after holding a similar job at the city of Rio Rancho — that she was the department’s “de facto director” which she interpreted to mean that she would get the top job if she followed their directions.”

The lawsuit goes on to allege that “… Bhakta told Martinez that high-ranking APD officials wanted to fire the department’s HR coordinator. … Bhakta further asserted to Ms. Martinez that because [the HR coordinator] was African American, the Executive team could not fire her because they did not want any problems with the ‘Black’ community as Mayor Keller was receiving pressure from the African American community due to his limited hiring of African Americans. ”

According to the complaint, the employee who moved from central Human Resources Department to APD received a “substantial” pay raise. When Martinez raised concerns with Bhakta about the transfer and raise, the lawsuit alleges: “[Bhata] stated he wanted to give her less but Lawrence Rael, the city’s Chief Operating Officers, was a friend of hers and her husband and persuaded Defendant Bhakta to increase his proposed offer to her otherwise she would not accept it and would stay in Human Resources.”

https://www.abqjournal.com/2353571/past-city-official-files-whistleblower-suit.html

KELLER’S EARLY PERSONNEL HIRES

Truth be known there were very early warning signs that Tim Keller had a real hang up about age.

In 2018, During Mayor Keller’s first months in office, he was initially given high marks for appointing experienced city hall people like former New Mexico Treasurer James Lewis, former City CAO Lawrence Rael and former City Attorney and CAO David Campbell to key positions. Within a year both Lewis and Campbell were gone with confidential sources saying Keller had a tendency to just ignore their advice. Keller was also given high marks for appointing woman to executive positions including Sarita Nair as Chief Administration Officer, Shelle Sanchez as Cultural Services Director, Mary Scott as Human Service Director, Ana Sanchez as Senior Affairs Director, Nyka Allen as Aviation Director and Katy Duhigg as City Clerk.

Chief Administrative Officer Sarita Nair and Chief Financial Officer Sanja Bhutka worked for Tim Keller when he was New Mexico State Auditor. Both Nair and Bhutka are viewed as within Keller’s inner circle and as political operatives at his beckon call.

As Keller’s first year in office progressed, Keller had a few vetting and appointment missteps with a City Clerk nominee and then the City Attorney appointment. The first City Clerk nominee withdrew her acceptance of her appointment because her financial problems and tax lien problems where investigated and reported upon by the Albuquerque Journal. This indicated a failed “vetting process” for political appointments.

A second appointment misstep was soliciting and appointing beyond the advertised application closing date a City Attorney who needed to be confirmed by the City Council. The soliciting and appointing a city attorney after the closure date for applications and after all applicant interviews had been conducted resulted in the charge of political cronyism against Keller’s Chief Administrative Officer who knows and went to law school with the city attorney selected. Keller also had told others he wanted a City Attorney in his 40’s.

https://www.petedinelli.com/2018/11/29/grading-mayor-tim-kellers-first-year-in-office/

MAYOR TIM KELLER’S HANG UP ABOUT AGE

What differentiates the whistle blower lawsuit from the norm is the allegation that Mayor Keller wanted to give preferential treatment to “millennial” job applicants. Keller was elected at the age of 40 and is now 44 and considers himself a millennial.

Mayor Keller’s hang up about age is well known by city hall insiders as well as people who worked on his campaign in 2017 and his transition team. One source that worked on Keller’s campaign reported that Keller consistently surrounded himself with younger campaign workers and would go out of his way NOT to get input from “older workers” not in his age group.

After being elected Mayor, Keller made it known to more than one person on his transition team that he wanted to surround himself with his “generation” as Department heads and people in their 40’s. Experience and knowledge of city hall and ability to do a job was not as critical to Keller as was age. Review of Keller’s list of Department Directors confirms this point.

COMMENTARY AND ANALYSIS

Of the 6 positions discussed, the City Council has confirmation power over 3 of the positions: Chief Administrative Officer, Chief Operations Officer and City Attorney. All 6 positions, including the positions of Deputy Chief of Staff, Associate Chief Administrative Officer, Innovation & Commercial Development Manager ( Aviation Department ) and Small Business Liaison for the Economic Development Department are at will employees who serve at the pleasure of the Mayor.

Given the number of years Lawrence Rael has been with the City and the fact he has served as Chief Administrative Officer for 2 mayors and as Keller’s Chief Operations Officer (COO), it is difficult to understand why Mayor Keller would appoint Rael’s replacement first as COO and not appoint and make Rael Chief Administrative Officer on a permanent basis.

Truth be known, Rael has likely forgotten more than anyone else within the Keller Administration on how city hall works. Likewise, Bob White brings to the table a wealth of information on how city hall works not to mention a level of maturity that has been lacking in many of Mayor Keller’s appointment during his first term.

HUNG UP ABOUT AGE

When Tim Keller was first elected Mayor in 2017, he made it known that he wanted to appoint people in his age group of 40+ to key executive positions, including city attorney. The consequence was that Keller had a hard time finding qualified people to fill positions and there was a significant delay in getting his administration up and running. Keller has always had a preference for hiring people in his age group ignoring their lack of experience and overlooking seasoned experience people in far too many of his executive appointments.

With Tim Keller’s appointment of Lawrence Rael and now Bob White as Associate Chief Administrative Officer, Katarina Sandoval as Chief Operations Officer, Manny Manriquez as Innovation & Commercial Development Manager, Carissa Vender as Small Business Liaison, Economic Development Department, he appears to have changed his approach and now places greater emphasis on real experience and ignoring a person’s age group.