Rudolfo Carrillo is a native New Mexican and was the news and music editor at Weekly Alibi from August 2015 until March 2020, where he used the pen name “August March” to write about Albuquerque culture, history and politics. He is a graduate of the University of New Mexico’s fine arts program. As well as being an award-winning writer, Carrillo is a painter and sculptor. His recent work was currently on exhibit at Six O Six Gallery at 606 Broadway Blvd. SW. Carrillo’s award-winning writing and analysis have been featured at international academic conferences and in notable literary journals as well as local media outlets like the Albuquerque Journal. In late February he will present work written for this site at the 43rd convocation of the Southwest Popular/American Culture Association. His latest creative writing can be read at Infinity Report with the link here: http://infinityreport.blogspot.com

EDITOR’S DISCLAIMER: The opinions expressed in this guest article are those of Rudolfo Carrillo and do not necessarily reflect those of the political blog www.petedinelli.com. Mr. Carrillo was not compensated for his guest column.

“That’s All We’ve Got: Observations from a Pandemic Featuring a Small White Poodle

The Snowy Earth

As winter reaches its tipping point here at this desert outpost in the northern hemisphere of a planet known as Earth—check your handy Farmer’s Almanac, folks, Feb. 3 is smack in the middle of it all, perched halfway between a gloriously dark solstice and and enticingly bright equinox—it’s worth noting that our civilization of hairless apes is just about to enter year three of a global pandemic caused by the SARS-CoV-2 virus, a collection of proteins and ribonucleic acids that has already proven deadly to human life and economics.

Add to that conundrum the looming specter of war on the European continent, the unquenchable pit of rotten and fiery spectacle that may be used to symbolize Donald Trump and his followers—not to mention the rising price of bread, cheese and gasoline (or the forlorn inevitability of a Rams/Bengals Super Bowl) and you’ve got one heckuva candidate for apocalyptic visions coming to fruition long before we have to potentially reel in despair over the outcome of this year’s World Series.

“US troops to deploy to eastern Europe amid Ukraine Crisis”, by Natasha Bertrand, et al on February 2, 2022 at cnn.com. https://www.cnn.com/2022/02/02/politics/us-troops-europe-russia/index.html

Here on the home front, it’s not that much brighter unless you consider the sun. It turns out that this past December in New Mexico was the warmest on record.

Yesterday afternoon, I heard an old-timer at Ghetto Smith’s proclaim to the lone employee working the self-checkout, “It’ll never snow in this goddamn town again.” When friends of mine out on the other side of the Great Plains ask me what it’s like to have such warm weather this time of year, I tell them it is just like Mars; it hasn’t rained in ages. This morning when it finally started snowing, I was genuinely startled.

THE TROUBLES

Meanwhile, the high rate of violent crime in Albuquerque has persisted. Endemic poverty, addiction and ignorance—all supported by institutional racism and the carceral state—continue to take their toll, urging violence from the desperate and dispossessed as weary and law-abiding, though sometimes privileged citizens bear the weight of years of oppression, suppression and cultural mismanagement by the capitalist patriarchy.

“2021 is Albuquerque’s deadliest year on record”, by Curtis Segarra on December 28, 2021 at krqe.com. https://www.krqe.com/plus/data-reporting/abqs-deadliest-year/

The lawlessness on the roads of this city—founded on the power of roads for Chrissakes—would seem the stuff of bizarre Expressionist cartoons to be examined and critiqued by the local intelligentsia, if it were not so persistent in form and murderous in nature. The abandonment of this city by its police force reverberates every night, a dark hollow tone that signals absence and resentment like a church bell.

“I don’t see traffic stops 2; driver’s license redo”, by D’Val Westphal on January 23, 2022 in The Albuquerque Journal: https://www.abqjournal.com/2463814/i-dont-see-traffic-stops-2-drivers-license-redo-ex-mvd-vendor-rei.html

The ranks of the poor and unhoused continue to grow as a housing crisis among low income continues to limit choices to haunt the state as if by some perverse magic. But it’s not really witchcraft at all. This tragic phenomenon has more to do with the opposite of magic; it is a consequence of our own privilege and sanctimony and greed casting its spell upon the thing we are most proud of, our city. Ironically, home prices and rents in the area are skyrocketing.

“For the low income, housing is scarce — a challenge state lawmaker hope to address this session”, by Bobby Brier on January 19, 2022 in New Mexico In Depth. https://nmindepth.com/2022/01/19/for-the-low-income-housing-is-scarce-a-challenge-state-lawmakers-hope-to-address-this-session/]

If I have to ask you to drive down Third Street from the freeway to Downtown one more dang time in the middle of the day, it’s just because I love you and I want you to know what I see, what I consider to be la neta.

And if it’s quiet and beautiful where you are, that’s cool. It’s like that here in the little world my wife and I have made during the pandemic. Let me tell you about those two years. They have been glorious. We have prayer flags from Tibet in the backyard, three of the four dogs are still alive and it was so warm on New Year’s Day that we cooked real meat on the charcoal grill that we had bought just in case.

We are no longer preparing for a disaster. I gave up on getting a radio license and a set of short-wave walkie-talkies because I feel a little bit safer now than I did in, say, April of 2020. I attribute that feeling of security to Uncle Joe, our president. If you don’t believe that he saved the planet Earth from certain doom, then take a second and try to imagine what day 1 or 17 or 123 would have been like in a second Trump administration.

The pantry is no longer stocked with dozens of cans of dog food and pinto beans, either. And I’ve gotten to try my hand at all sorts of jobs that I would never have imagined toiling at in the before time. Now I work from home five days a week and, in the background, I keep the teevee tuned to the station that plays all ’80s videos 24 hours a day. I find myself comforted by the voices of faraway humans on the telephone while songs by bands like Haircut 100 and The Buggles waft through the living room.

I also started making art again, rejoining a community that I had sorely missed. I thought that small progress would mark my last 25 or so years with subtle meaning and inspiration.

A BANDIT AMONG US

But the thing that really changed me forever was the nearly two years I spent caring for an old dog that I named Bandit. He died a couple of weeks ago, and through his passing I came closer to realizing what was important about life than any of the tests, experiences or observations that I made sly comments above could ever equal.

In this little dog’s endurance and frailty, in his devotion to life in spite of profound illness, I found real hope for the future of me, of you, of our city, and the world, too.

I had already rescued Bandit from certain death when he came to stay with us. Unadoptable for behavioral and health reasons, he was on his last extension at a high-kill shelter when we agreed to provide a new life for him.

Clever, unsocialized and as ornery as they come, Bandit was a hardcore stray who happened to be inimitably lovable and loyal. He also had Cushing’s disease, in his case caused by a tumor on his pituitary gland. In addition to that troubling condition, Bandit had been dropped on his head onto a concrete floor when he bit a handler at the pound.

For the first year, Bandit was surprisingly healthy. He had a coat as white and pure as the driven snow. Oddly, he kept himself apart from the other dogs and didn’t even seem to notice them. But every night he would wind himself around my legs as I sat in the living room, before collapsing into a deep sleep on top of my boots.

Once he stole an entire Saggio’s pizza from the coffee table, pulled a full garbage bag across the length of the kitchen before tearing it to shreds and then cornered the neighbor’s cat in one afternoon of action.

The illness and injury kept resurfacing though and veterinarian appointments were hard to come by during the lockdown. By the end of last summer, I realized that Bandit was fighting a very tough battle. One day, he became disoriented in the backyard and when I carried him in, he began nodding his head erratically. A veterinary consult revealed that the tumor on his pituitary gland had grown.

Just about then, one of my colleagues suggested that humane euthanasia was an option for Bandit. I disagreed because he had a good quality of life and was eating well. His plumbing worked fine and though he was generally anxious, he was calm and quiet when I was around him.

I cared for Bandit as he declined through the fall and winter of 2021. At some point he grew frail and I had to carry him around, something that he liked quite a bit. But we both know the end was near and so each excursion into the yard, each feeding time or blanket time became a ritual of love and acceptance for both of us, I think.

PROFOUND BLINDNESS

When Bandit died, I felt empty and angry. I was angry at the animal rescue that had led us to him for being less involved in his health care than they originally promised. Raging against their lack of human compassion led nowhere; I believed that they were blind to their own random cruelty; they were enthralled by their supporters in the press who were aghast that anyone would criticize a local charity in such uncompromising terms.

One local local chronicler whom I spoke with about the matter was plainly exasperated by my critical stance regarding human compassion and promises kept. That’s fine too, because I believe that all of those lost in the midst of the capitalist detritus emboldened by this plague will finally come around this year too.

I’m okay with all of that because without these sources of disappointment and conflict, without the situation’s own frailty—expressing itself through the whole process Bandit and I went through during a plague year and beyond—I would never have known this little soul, would never have had the opportunity learn again about the unconditional love, patience, kindness and loyalty an animal can engender in a human.

A REAL VISION

And in that great irony, in his untimely death in the teeth of a system that could not bear such beauty, there is hope for me. I hope that I will overcome my disdain for the sadness and disorder that fills up the world around me and which I described so archly at the beginning of these proceedings. I believe it will take positive, proactive decisions and actions from community members like me, who have a real voice, to improve the life and health of this city.

Giving up on that sort of terminal despair for the human condition, here and now liberated by the canine condition—which have partaken in willingly and with tragic consequences—has given me a strength that I thought had fled with the pandemic’s weary onset.

I am not suggesting that you suffer something tragic in order to come to terms with what is. But I am asking you to find strength in yourself, strength enough to rise early in the late-winter and to begin seeking solutions that can benefit us all and save our city and planet. You can start by visiting a place called ABQ Free Fridge.

A reminder: We cannot continue to paint pretty pictures of what we wish this place and its people to be. The new age just won’t allow the proliferation of pabulum. The homeless and hungry in this town disallow such fantasies.

So I am asking you to take positive action toward the future of this place where we all live while the springtime sleeps, while Bandit’s passage from this Earth is still fresh in our hearts and minds because it is all true. Love is all we’ve got.

Put aside the sutras, the inky pages where you think the truth lies. Get out of the shelter and find your place in the new world even as snow—as white as Bandit’s beautiful coat—blankets the town for the first time in ages.

On February 1, 2022 New Mexico Political Reports published the following article entitled “Bills to address Yazzie/Martinez court ruling advance” written by reporter Robert Nott with the Santa Fe New Mexican:

“The House Education Committee approved a trio of bills to fund programs to help Native American students succeed in school.

The three bills, sponsored by Rep. Derrick Lente, D-Sandia Pueblo, are in response to the historic 2018 Yazzie/Martinez court ruling that said New Mexico has denied several groups of students, including Native Americans, their constitutional right to an education.

House bills 87, 88 and 90 would provide more than $70 million to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.

“This is not about throwing money at a problem in hopes that it goes away,” Lente told committee members. “That’s a practice we’ve engaged in for decades and we’ve seen the results.

“Where we’re trying to get to is shift the priorities … to make sure Native American students are educated within their communities … and have the capacity to access equitable learning programs,” he added.

House Bill 87 would appropriate $20 million from the state’s general fund to the Indian Education Act to provide educational funding for tribes starting July 1, 2024. That money would be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

A Legislative Education Study Committee report says if the bill becomes law, each of the state’s 23 tribal entities would receive $547,826 per year.

House Bill 88 would appropriate $21.5 million to help tribal education departments develop learning plans and programs for students, extend learning opportunities and support tribal school libraries. That bill also would take effect July 1, 2024.

Each tribe and pueblo would get $250,000 a year, with the exception of the Navajo Nation, which would get $500,000, according to the bill’s fiscal report.

Both bills dole out money based on student populations in tribal communities, Lente said.

House Bill 90 is aimed at higher education. It appropriates $29.6 million to four state colleges and three tribal colleges for 53 initiatives, such as building a Native American teacher pipeline and expanding high school-to-college programs to encourage those students to attend college. The bill’s fiscal impact report says it is assumed the bill would go into effect 90 days after the last day of the Legislature, assuming Gov. Michelle Lujan Grisham signs it into law.

Some lawmakers and members of the public who spoke in support of the bills said they want a provision requiring tribal entities to report on the outcomes of any programs they fund with the money. Lente agreed, noting those requirements will be included in the intergovernmental agreements tribal entities are required to create with the state to administer the funding.

“It would be unconscionable to just give money away and expect something done and you don’t know what the results will be,” Lente said.

Even lawmakers in favor of the initiatives questioned whether the state is doing enough to meet the needs of that court ruling.

Assessing what she called “generations of inequity,” Rep. Patricia Roybal-Caballero, D-Albuquerque, said previous attempts to bring funding formulas “up to what we believe are equitable distributions still doesn’t get us up to the point of full equity.”

Lente unsuccessfully tried to move similar legislation through last year’s regular 60-day session.

After Monday’s committee vote, Lente said he didn’t do “enough legwork” in building support for those bills ahead of last year’s session. He said this year both the Legislative Finance Committee and the Governor’s Office have included room in their respective budgets to create “effective” responses to that lawsuit, which he sees as a sign of support.

But he also noted the 30-day session is nearly halfway done.

“I’m talking confidently, but I can only move as fast as others allow me to move,” he said.

The Yazzie/Martinez lawsuit, brought on by a coalition of parents, students, lawmakers and others in 2014, charged New Mexico had not done enough to address the needs of Native Americans, English-language learners, disabled and low-income students.

All those student groups typically lag behind Anglo students when it comes to math and reading proficiency. While the court ruling did not apply a price tag to its mandate, it said New Mexico has to begin providing remedies for that problem.

As of Monday, there were no other legislative bills filed in the House of Representatives regarding the Yazzie/Martinez case. Lente said he thinks the push to address the court ruling has been led by Native Americans because “if we don’t do this, nobody is going to make it a priority.”

In the Senate, three Democrats have filed Senate Memorial 12, which asks the state Public Education Department to develop a “comprehensive plan” to address the needs of the student groups tied to the Yazzie/Martinez case and then annually report to the Legislature about the plan.”

The link to the New Mexico Political Reports article is here:

https://nmpoliticalreport.com/2022/02/01/bills-to-address-yazzie-martinez-court-ruling-advance%ef%bf%bc/?mc_cid=21ff84b79b&mc_eid=d03b0979c3

YAZZIE V. STATE OF NEW MEXICO AND MARTINEZ REVISITED

On Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled in the case of Yazzie v. State of New Mexico and Governor Suzanna Martinez that the state of New Mexico was violating the constitutional rights of at-risk students by failing to provide them with a sufficient education. The District Court ruling came after a two-month trial that concluded in August, 2017. Nearly 80 witnesses testified during the bench trial.

The consolidated lawsuit was filed by the New Mexico Center on Law and Poverty and the Mexican American Legal Defense and Education Fund. The Plaintiffs argued that the New Mexico public schools are inadequately funded.

In a 75-page decision, the court rejected arguments by Governor Susana Martinez’s administration that the education system is improving and for that reason it does not need more funding. The Court found that the New Mexico Public Education Department (PED) did not do the best it could with the funding it has given by the legislature to the education system.

The Court ruling centered on the guaranteed right under the New Mexico Constitution to a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities.

BLISTERING COURT RULING

State District Judge Sarah Singleton pulled no punches with her decision.

The Judge found that it was clear that many New Mexico students were not receiving the basic education in reading, writing and math they should be receiving in our public-school system. As a matter of law, Judge Singleton wrote the “lack of funds is not a defense to providing constitutional rights.”
In her blistering written opinion, Judge Singleton wrote:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

According to the judge’s ruling, in New Mexico, at the time, 71.6% of the state’s public school students come from low-income families, and 14.4% are English-language learners. Further, 14.8 percent of students have disabilities, and 10.6 percent are Native American. Judge Singleton addressing proficiency rates for Native American students said that in the previous 3 years, those students’ reading proficiency was at 17.6% and their math proficiency was at 10.4%.

https://www.abqjournal.com/1200069/questions-surround-ruling-on-nm-education-funding.html

Judge Singleton faulted the lack of access to technology in rural districts. The Court also found that New Mexico does not have enough teachers and that New Mexico teachers are among the lowest paid in the country and stated:

“The evidence shows that school districts do not have the funds to pay for all the teachers they need. … [An example is] Gadsden, one of the better performing school districts in the state, has had to eliminate over 53 classroom positions and 15 essential teachers since 2008.”

Judge Singleton ruling addressed the state teacher evaluation system implemented by the Martinez Administration by saying:

“[The teacher evaluation system] may be contributing to the lower quality of teachers in high-need schools. … In general, punitive teacher evaluation systems that penalize teachers for working in high-need schools contribute to problems in this category of schools.”

The Court wrote that she was not persuaded by the Martinez Administration’s arguments that no new funding is needed because at-risk student performances are improving.

A spokeswoman for the state Public Education Department at the time announced that the State decided to appeal the ruling. However, soon after assuming office on January 1, 2018, Governor Lujan Grisham decided the state would not appeal the case, work to increase funding for public education and changes to the system but committed to an aggressive defense of the case to achieve a dismissal.

Randi Weingarten, president of the American Federation of Teachers, provided the following statement after the court ruling:

“For too long, New Mexico Gov. Susana Martinez and her administration have abandoned their responsibility to kids and public schools. This ruling confirms what parents and educators know—that New Mexico children are deprived of the essential resources, including qualified teachers and support staff, they need. This deprivation is especially severe for those at risk and in need of additional supports—English language learners, Native American students and those in poverty. The ruling also calls out the governor’s obsession with testing over teaching.”

“In New Mexico, it would take $228 million to get public school funding to what it was before the Great Recession, and average teacher pay in the state is nearly 10 percent lower than what it was in 2009. We call on the state to use this ruling as a long-overdue opportunity to overhaul its broken school funding system to ensure all New Mexico children are afforded the public education they deserve and are entitled to. Voters will be going to the polls in November to elect leaders committed to investing in public education.”

https://www.kob.com/albuquerque-news/judge-rules-lack-of-sufficient-education-for-all-nm-students-violates-constitutional-rights/4997869/?cat=500

https://www.petedinelli.com/2018/07/23/governor-martinez-legacy-illiterate-children-and-a-pizza-party/

DENIAL OF MOTION TO DISMISS FILED REPUBLICAN MATINEZ ADMINISTRATION

On June 29, 2020 Santa Fe 1st Judicial District Judge Matthew Wilson denied the State of New Mexico’s “Motion to Dismiss” the public education case of Yazzie v. State of New Mexico.

The state’s attorney Taylor Rahn argued that the Public Education Department has met the court’s expectation to make substantial changes by an initial deadline. Rhan argued that the State increased public education funding to the extent that it makes up 46% of the state budget. State Attorney Rahn noted the legislature has increased at-risk funds substantially, teacher recruitment has been improved and major educational evaluation systems, such as teacher evaluations, have been improved. Rhan argued:
“The point of the injunction was to be a catalyst for change and that change has occurred. Continuing to exercise oversight for traditional executive and legislative functions is not required, because we got the message”.

Plaintiff’s Attorney Ernest Herrera, counsel for the Martinez plaintiffs, argued:

“Any of the state’s supposed fixes are really just promises to act. … Continuing jurisdiction of this court is necessary to ensure implementation. … This is about changing the system and not just about how much money is going into it.”

Judge Wilson agreed that the state’s Public Education Department has made significant progress since the 2018 ruling but said the court has yet to see long-term education reforms by the state. Judge Wilson ultimately agreed with the Plaintiffs contention that the state’s changes have not been enough. In deciding to deny the Motion to Dismiss, Judge Wilson ruled:

“The court agrees with the plaintiff’s counsel that to dismiss this action now while implementation and compliance are merely in their initial stages would undermine the years of work by this court and the parties and leave the children of New Mexico in an educational system that may be below constitutional standards”.

Judge Wilson also ruled that the plaintiffs’ counsel can investigate whether the state is complying with the judgment. Judge Wilson also denied a Plaintiff’s motion to require a detailed plan on implementation of changes to the state’s education system.

After the court’s denial to dismiss the case, Governor Lujan Grisham spokeswoman Nora Meyers Sackett said the governor would work to continue improving New Mexico schools and further said:

“Just as she was prior to today’s ruling, the governor remains committed to a comprehensive restructuring and reform of New Mexico’s public education system that continues to address the systemic shortfalls outlined by the original lawsuit. ”

As a result of the court’s denial of the motion, the state’s Public Education Department was required to comply with an examination into what it is doing to ensure an adequate education for low-income families, students with disabilities, English-language learners and Native American students.

https://www.abqjournal.com/1471109/judge-denies-states-request-for-dismissal-in-education-lawsuit.html

COMMENTARY AND ANALYSIS

After well over three and half years since the July 20, 2018 landmark ruling of Yazzie v. State of New Mexico and Governor Suzanna Martinez, it is long overdue that funding is now being provided in bills to fund programs to help Native American students succeed in school. The blunt truth is it will take years for the state to get on track, perhaps a decade or more to implement all the changes mandated.

The original court opinion was a confirmation of what went on for the full 8 years of the prior Republican Administration. Three and half years since the July 20, 2018 landmark is still not enough time to turn things around and pull the education car out of the ditch and make the necessary repairs.

The biggest accomplishments of the 2019 Legislative session were the dramatic increases in public education funding, creation of the Early Childhood Department (CYFD), the mandates to Children, Youth and Families and Public Education departments, not to mention raises for educators and increasing CYFD social workers by 125 were clearly the biggest accomplishments of the 2019 Legislative session.

The passage House bills 87, 88 and 90 providing more than $70 million to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students will no doubt be a major step in bringing the state into compliance with the Yazzie v. State of New Mexico, Martinez landmark ruling.

On Tuesday, February 1, candidates for federal and state offices filed their required paperwork with the New Secretary of State’s Office to seek their respective party nomination on the June 7 primary election. On the June 7 primary ballot will be the offices of Governor, Lieutenant Governor , Attorney General, State Treasurer, State Auditor and all 3 of New Mexico’s Congressional races with newly drawn congressional districts.

This blog article is a report on those who have been identified as qualifying for the June primary.

GOVERNORS RACE

Not surprising, only incumbent Governor Mitchell Lujan Grisham filed for the Democratic nomination for Governor seeking her second term. However, the number of candidates running for the New Mexico “Der Führer” Republican Party nomination went from 7 to 5 candidates.

DEMOCRAT INCUMBENT GOVERNOR MICHELLE LUJAN GRISHAM

Governor Lujan Grisham (61) was born and raised in New Mexico. Lujan Grisham previously served as the U.S. representative for New Mexico’s 1st congressional district from 2013 to 2019. Lujan Grisham served as the state Secretary of Health from 2004 to 2007 and as Bernalillo County commissioner from 2010 to 2012. She was elected to the U.S. House of Representatives in 2012. In 2016, Lujan Grisham was selected as the chair of the Congressional Hispanic Caucus. She won the Democratic nomination for governor of New Mexico in 2018 and defeated Republican Steve Pearce on November 6, 2018 in a landslide.

Lujan Grisham’s priorities during her first term have been dealing with the Corona Virus pandemic, public education reform, funding from K thorough 12 and college education funding, rebuilding the state’s mental health care system destroyed by her predecessor, creation of the “Early Childhood Department”, revitalization and funding of the “Children Youth and Family Department”, increase funding for law enforcement to deal with crime and enactment of anti crime measures just to mention a few.

THE REPUBLICAN CANDIDATES FOR GOVERNOR

Virtually all 5 of the Republican candidates for Governor are right wing conservatives. All 5 have the same philosophy of government as former President Trump and State Republican Party Chairman Steve Pierce. Those filing for the New Mexico “Der Führer” Trump Republican Party nomination for Governor are the following 5:

1. FORMER KRQE METEOROLOGIST MARK RONCHETTI

On October 27, TV Personality and KRQE weatherman Mark Ronchetti announced he is running for Governor. Ronchetti ran for United States Senator in 2020 and lost to Ben Ray Lujan. Ronchetti has already hired Republican political consultant Jay McCleskey who is known for his slash and burn tactics and defamation of candidates. There is no doubt that Ronchetti knows New Mexico as long as it’s on a green screen. It’s likely an inaccurate forecast that he will be elected Governor with absolutely no knowledge as to how government works.

2. REPUBLICAN NEW MEXICO STATE REPRESENTATIVE REBECCA DOW

On July 7, three term Republican State Representative Rebecca Dow of Truth or Consequences announced that she is running for the Republican nomination for Governor. In her announcement, she vowed to address “hard truths” related to the state’s high unemployment rate, low education rankings and chronic child welfare issues. She is a former early child care professional. Dow in her announcement immediately attacked Governor Lujan Grisham and described the governor as a “power hungry” career politician whose policies have hurt New Mexico and said:

“As a state, we have never experienced more dire conditions than we are currently struggling through right now.”

https://www.abqjournal.com/2415471/sanche-zjoins-gop-field-for-governor.html

One hard truth that Dow no doubt wants to forget about is that on January 13, 2022 it was reported that the ethics charges filed against Dow with the New Mexico Ethics Commission are going forward after “probable cause” was found to support the allegations that Dow violated state laws on financial disclosure and governmental conduct.

According to District Court pleadings filed, the New Mexico Ethics Commission last year subpoenaed Dow’s financial records and scheduled her deposition which is allowed under the law. Dow contested the agency’s demand for her sworn testimony. The Ethics Commission went to court to enforce the subpoena. The ethics commission secured a court order from State District Court Judge James T. Martin of the 3rd Judicial District compelling Dow to produce the financial documents and appear for her deposition. Dow refused to comply with the court order, did not produce the financial documents and failed to appear for her scheduled deposition. The Ethics Commission went back to court to get a court order.

In August, State District Court Judge James T. Martin issued another order finding Dow in Contempt of Court and making findings that Dow violated the earlier court order by failing to appear at a scheduled deposition and not producing financial documents that had been subpoenaed by the Ethics Commission. Judge Martin found that the failure to produce the documents and to appear for the deposition “lacks a justification.” Judge Martin ordered fines of $50 a day until she complied with the court order for a deposition. According to the court filings, Dow paid $4,115. The amount paid included reimbursing the State Ethics Commission for costs incurred when she did not appear at the scheduled deposition.

The link to full Albuquerque Journal article is here:

https://www.abqjournal.com/2460915/documents-dow-failed-to-obey-court-order-in-ethics-case-ex-im-not.html

3. FORMER REPUBLICAN BERNALILLO COUNTY CHAIR AND FINANCIAL ADVISER GREG ZANETTI

On June 14, Republican Greg Zanetti announced his campaign. Zanetti is a former Bernalillo County Republican Chairman and a former New Mexico National Guard Brigadier General who now works in the business of “wealth management.”

Zanetti has said in the past that he does not intend to get vaccinated for covid and has yet to say if he has since been vaccinated. On February 2, it was reported that U.S. soldiers who refuse to get a COVID-19 vaccine will be immediately discharged, saying the move was critical to maintain combat readiness. The Army’s order applies to regular Army soldiers, active-duty Army reservists and cadets unless they have approved or pending exemptions. All of the U.S. military services have now begun disciplinary actions and discharges for troops who have refused to get the mandated coronavirus vaccine with as many as 20,000 unvaccinated forces at risk of being removed from service. Former Brigadier General Zanetti needs to disclose it he would have carried out orders to have his troops vaccinated or be discharged from the New Mexico National Guard.

https://www.cbsnews.com/news/covid-vaccine-military-troops-discharged/

https://www.reuters.com/world/us/us-army-discharge-soldiers-who-refuse-covid-19-vaccine-2022-02-02/

With respect to Governor Lujan Grisahm, Zanetti had this to say:

“We had this autocratic governor come down and impose all these rules where we shut down businesses, locked down the kids, we shut the state down, and as the facts changed and we learned more about COVID, she didn’t adjust.”

Surprisingly, Republican conservative Zanetti is trying to distance himself from Der Führer former president Donald Trump and said:

“This isn’t about Donald Trump. It’s not about one person, it’s about a bigger message.”

Ostensibly, Zanetti did not get the memo from New Mexico Republican Party Chairman Steve Pierce that the Republican Party in the state and nationally are very much in lock step with Der Führer Trump.

It is so damn laughable that Zanetti calls Lujan Grisham an “autocratic governor” who imposes and enforces rules. Zanetti is a retired New Mexico National Guard Brigadier General and he will likely bring his personal version of being an “autocratic governor” to Santa Fe. Brigadier General’s give out orders and demand that those orders be followed or suffer the consequences.

The biggest perception that Zanetti is going to find difficult to overcome is that it is very doubtful to believe that a “wealth manager” will understand the needs and concerns of the average New Mexican, many which live in poverty and live pay check to pay check on the minimum wage, something Zanetti opposes to increasing.

4. REPUBLICAN SANDOVAL COUNTY COMMISSIONER JAY BLOCK

On April 18, 2021 Sandoval County Commissioner Jay Block announced he is running for the Republican nomination for Governor. Block is a retired lieutenant colonel who spent 21 years in the Air Force and moved to Rio Rancho in 2015. Block has fully aligned himself with former President Der Führer Donald Trump, even though Trump has disparaged the military and called those who served and died in World War II losers. In his announcement he said he is in favor of defunding abortion services and restoring qualified immunity for police officers. In his announcement video Block said:

“This is a movement of shared values. … It’s time Michelle Lujan Grisham is out of office so we can start a new era of prosperity for New Mexicans.”

Block got downright nasty with his remarks about the Governor when he said:

“Michelle is proud of where New Mexico stands today. Michelle is proud New Mexico ranks last in education. Michelle is proud New Mexico ranks first in child poverty.”

What Block is very ignorant about is exactly why New Mexico ranks last in education and first in child poverty. Democrat Governor Michelle Lujan Grisham inherited both from her Republican predecessor Susana Martinez. Over 8 years, Martinez destroyed the state’s public education system resulting in the land mark decision Yazzie vs Martinez mandating sweeping reforms now costing millions to repair our public education system. Martinez made cuts in child care assistant programs with the cuts making things even worse for children living in poverty.

Yazzie v Martinez was brought by a coalition of parents, students, lawmakers and others in 2014 and charged New Mexico had not done enough to address the needs of Native Americans, English-language learners, disabled and low-income students and that children were deprived the constitutional right to a basic education. As a result of the State Court ruling, the 2019 legislature approved a whopping $3.2 Billion public education budget, a 16% increase over the previous year’s budget, out of the total state budget of $7 Billion. Included in the budget was a $500 million in additional funding for K-12 education and increases in teacher pay. The 2022 legislature is increasing funding for education and teacher pay even more and by millions. In particular more than $70 million in spending is pending in the 2022 session to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.

Under former Republican Governor Susana Martinez, the Children’s, Youth and Family’s Department budgets were slashed, hundreds of social worker positions that dealt with child abuse cases went unfilled, abused children fell through the cracks and youth programs were eliminated that acted as a safety net, all for the cause of resisting tax increases which Republicans always oppose even for critical essential services. Republicans always advocate the slashing of budgets and reducing the size of government to avoid any and all tax increases, even if for essential services.

A major priority of Governor Lujan Grisham was the creation of a new “Early Childhood Department” that commenced on January 1, 2020. The new department focuses state resources on children from birth to 5 years of age. A major goal of the new department, coupled with other investments, will be more New Mexico children growing up to secure gainful employment as adults who don’t require government services.

Block should not be “proud”, to use his word, when he makes a fool of himself on the issues of child education and child welfare issues, things he knows absolutely nothing about.

https://www.koat.com/article/race-for-governor-of-new-mexico-heating-up/36974820

5. REPUBLICAN ANTI-ABORTION ACTIVIST ETHEL ROSE MAHARG

To quote Maharg’s web page promoting her candidacy for Governor:

“Ethel Rose Maharg is running for Governor to breathe life into New Mexico. Ethel is pro-life, without exception, from conception to natural death. And, she wears it like a badge of honor, it is who she is. Ethel believes in LIFE. Ethel believes that to breathe LIFE into New Mexico we must capitalize on our strengths. No one wants to bring a new business with good jobs to a state where politicians and elected officials complain about being at the top of the bad lists. It’s time for bold leadership. Bold leadership that is willing to make the right decision, not the popular or political decision. Bold leadership that understands the challenges everyday New Mexicans face. Bold leadership that will fight everyday for New Mexico. Bold leadership that will breathe LIFE into New Mexico.”

https://mahargforgovernor.com/

It is more likely than not that the United States Supreme Court will reverse in June the landmark case of Roe v. Wade setting aside a woman’s right to choose and leaving it up to the individual states to decide the issue. Last year, the New Mexico legislature repealed the New Mexico law making abortion a crime. If Roe v. Wade is in fact reversed, you can expect a Governor Ethel Maharg to advocate making abortion a crime in New Mexico and providing “bold leadership” back into the dark ages of woman’s rights and not caring if abortions are performed with a coat hanger, which should be her campaign lapel pin.

STATE PARTY CHAIRS REACT TO GOVERNOR CANDIDATES

New Mexico Der Führer” Trump Republican Party Chairman Steve Pearce, who lost to Governor Lujan Grisham four years ago in a landslide, said any of the Republican candidates can beat Lujan Grisham in the November 8 general election and said:

“This governor has damaged New Mexico’s economy, its businesses and its education system. … We need strong conservative leadership, and we are confident that we will see a Republican in the governor’s office next year.”

State Democratic Party Chairwoman Jessica Velasquez said Lujan Grisham is in strong position to win reelection and had this to say:

“None of the GOP candidates for governor have a plan to lead New Mexico and instead of offering up concrete policy proposals, they continue to pander to extremists with empty rhetoric.”

https://www.abqjournal.com/2466468/5-republicans-seek-nomination-to-challenge-lujan-grisham.html

OTHER OFFICE FILINGS

The other offices on the June primary are as follows:

LIEUTENANT GOVERNOR

Democrat Lieutenant Governor Howie Morales, and educator, is the only Democrat who filed for Lieutenant Governor seeking a second term. He and Governor Lujan Grisham will run as a team ticket.

Democrat Lieutenant Governor Howie Morales, 43, was born and raised in New Mexico and is from Silver City. Morales was an educator at Grant County public schools before entering politics. From 1995 to 2000, Morales was a special education teacher in Silver City. From 2000 to 2005, he was the special education and transition coordinator for the Cobre School District. Morales was later an educator/administrator at Gila Regional Medical Center. Morales is a long-serving volunteer with Big Brothers/Big Sisters of Grant County.

As a State Senator, Morales served in the New Mexico Legislature on the Legislative Finance Committee for 11 years. Morales sponsored legislation to create a universal, state-level single-payer healthcare system for New Mexico.

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

REPUBLICAN CANDIDATES FOR LUIUTENANT GOVERNOR

There are 3 Republicans identified as running for the nomination of Lieutenant Governor and they are:

1. Former Republican Land Commissioner Pat Lyons.

Pat Lyons is a former chairman and commissioner of the New Mexico Public Regulation Commission. During his 2003-2011 tenure as Land Commissioner, Lyons faced criticism after he orchestrated a swap of 7,205 acres of state trust land in White Peak, an area highly valued by hunters, for 3,330 acres of a fellow rancher’s land. Sportsmen roundly criticized the deal, pointing out that it put prime hunting land off-limits, and after the state attorney general investigated, the Supreme Court ruled the swap illegal in 2010. A 2010 audit by the New Mexico Auditor’s Office found that Lyons’ Land Office had mismanaged or wasted millions of dollars of taxpayer funds. In his 2018 campaign for another term as Commissioner of Public Lands, Lyons used a list of Land Office lessees from his time in office to solicit donations from them, which drew allegations that such appeals invited the risk of special favors to lessees Lyons would be in charge of regulating if he were elected. A significant portion of Lyons’ campaign funding came from the oil and gas industry, and Chevron paid $2 million to a mostly oil-funded PAC that supports Lyons.

https://en.wikipedia.org/wiki/Patrick_H._Lyons

2. APS School Board two term member Peggy Muller Aragon

Muller-Aragon is a member of the Albuquerque Public Schools Board of Education in New Mexico, representing District 2. Muller-Aragon assumed office in 2015. Muller-Aragon’s current term ends on December 31, 2023. Muller-Aragon ran in a special election to the U.S. House to represent New Mexico’s 1st Congressional District. Muller-Aragon withdrew before the special Republican convention on March 27, 2021. Muller-Aragon was first elected to the school board on February 3, 2015, after defeating former incumbent Kathy Korte. Muller-Aragon was the target of a recall effort in September 2015, but the petition to recall her was withdrawn due to lack of legal representation. At issue was her participation in a unanimous vote to buyout former Superintendent Luis Valentino’s contract amidst a number of controversies. She was also accused of refusing to listen to her constituents and instead answering to New Mexico Republican Gov. Susana Martinez.

https://ballotpedia.org/Peggy_L._Muller-Aragon

3. Former Doña Ana County Commissioner Isabella Solis.

Solis was elected as a Democrat to the District 4 seat on the county commission in 2016, but switched party affiliations and became a Republican in 2019, weeks after she lost a bid for Las Cruces mayor.

https://www.lcsun-news.com/story/news/local/new-mexico/2021/10/06/isabella-solis-announces-run-lieutenant-governor-new-mexico/6021464001/

ATTORNEY GENERAL

Two Democrat Candidates for Attorney General have filed and will be running against each other for the nomination. They are first term New Mexico State Auditor Brian Colon and Second term Bernalillo County District Attorney Raul Torrez. Colon was elected Auditor to a 4-year term in 2016 and decided not to run for a second term while District Attorney Raul Torrez was elected to a second 4-year term in 2020.

Gallup-based attorney Jeremy Michael Gay is seeking the Republican nomination for Attorney General.

STATE TREASURER

There are 2 Democrats and 1 Republican seeking their party’s nominations for State Treasurer and the candidates are:

Democrat and former two term Sandoval County Treasurer Laura Montoya, 44, is running State Treasurer to succeed Democrat State Treasurer Tim Eichenberg who is now in his second term and cannot run for reelection this year.

Democrat Heather Benavidez, a former municipal and magistrate judge who oversees state treasury programs including investment and savings accounts for people with disabilities. She has been endorsed by State Treasurer Tim Eichenberg.

Republican Santa Fe County Commissioner Harry Montoya is seeking the GOP nomination for State Treasurer.

STATE AUDITOR

There are two Democrats running for New Mexico State Auditor.

On June 20, 2021, Democrat Zack Quintero, 30, a UNM law school graduate, announced he is running for State Auditor. He is New Mexico’s State Ombudsman and he ran for Albuquerque City Council and narrowly lost the runoff in 2019 to incumbent Isaac Benton.

Democrat New Mexico Public Regulation Commissioner,Joseph Maestas, 60, is also running for State Auditor. Maestas is serving on the New Mexico Public Regulation Commission which will change from a 5 person elected commission to a 5 member governor-appointed board in 2023. Maestas has served on the Española City Council, as mayor of Española and as a Santa Fe city councilor. He lost a previous run for the Public Regulation Commission and an attempt three years ago to become Santa Fe’s mayor.

No Republican nor Independant has filed to run for State Auditor and therefore the winner of the Democratic Party nomination on June 6 will become the next State Auditor by default.

https://www.santafenewmexican.com/news/local_news/prc-commissioner-former-ombudsman-running-for-new-mexico-state-auditor/article_47c8ac1e-e967-11eb-8b30-abf2f31a1b95.html

CONGRESSIONAL DISTRICT CANDIDATES

Those who have filed for New Mexico’s 3 Congressional seats are as follows:

DISTRICT ONE

Newly drawn Congressional District 1st covers much of the eastern party of Albuquerque, most of Rio Rancho, the East Mountains and a part of Roswell.

Democrat United States Representative Melanie Stansburyis running unopposed for her first full term. Stansbury is a former Albquerquerqu area state representative who replace congresswoman Debra Haaland when she was appointed Secretary of the Interior. Stanbury won a special election last June.

There are 4 Republican running to oppose Stansbury and they are:

1. Michelle Garcia Holmes who is a retired APD police officer. Garcia Holmes ran unsuccessfully for lieutenant governor in 2018 and lost a run for Congress in 2020 to Deb Haaland, before Haaland’s appointment as U.S. secretary of interior. She also ran for Mayor in 2017.

2. Louie Sanchez, a salesman and investor who first announce he was running for Governor and is now running for congress. Sanchez owns a firearms store and shooting range and is NOT the Albuquerque westside city councilor of the same name just elected to the City Council on November 2, 2021.

3. Nurse practitioner Jacquelyn Reeve.

4. City planner Joshua Taylor Neal also are seeking the GOP nomination in the First District.

DISTRICT TWO

District 2 was the entire southern New Mexico but was redrawn to include much of the Albuquerque West Side, South Valley and parts of the Barelas neighborhood in addition to southern parts of New Mexico.

Republican Representative Yvette Herrell of Alamogordo is unopposed for the New Mexico Der Führer Trump Republican Party nomination. She is a staunch supporter of “Der Führer” Trump and has yet to concede that President Joe Biden was elected in 2020.

Democrat Las Cruces City Councilor Gabe Vasquez and Darshan Patel, a physician who works in Lea County, are seeking the Democratic nomination in the 2nd Congressional District.

DISTRICT THREE

District 3 was the entire northern portion of New Mexico but was redrawn to include stretches from Farmington and Santa Fe and into the conservative oil patch south east portions of New Mexico including Hobbs.

First term Democrat US Congresswoman Teresa Leger Fernandez is unopposed in the primary.

The Republican candidates are Alexis Martinez Johnson, an oil and gas engineer living in Santa Fe, and Jerald Steve McFall, a farmer from Angel Fire.

Alexis Martinez Johnson lost to Congresswoman Teresa Leger Fernandez two years ago. Republican Jerald Steve McFall lost to Democrat Ben Ray Lujan, Jr.

https://www.usnews.com/news/best-states/new-mexico/articles/2022-02-01/new-mexico-congresswomen-governor-await-challengers

COMMENTARY AND ANALYSIS

With the candidates filing their necessary nominating petitions and filing of the necessary paper work for the June primary with the Secretary of State, the 2022 midterm elections have officially begun.

Select your candidates, get involved, donate if possible and please vote.

U.S. Sen. Ben Ray Luján, 49, suffered a stroke on Thursday, January 27, underwent brain surgery and is expected to fully recover. According to a statement issued by his office, Luján experienced dizziness and fatigue early Thursday morning and checked himself in to Christus St. Vincent Regional Medical Center in Santa Fe. He then was later transferred to University of New Mexico Hospital in Albuquerque.

The link to the full statement is here:

https://www.lujan.senate.gov/press-releases/lujan-statement-on-hospitalization/

Lujan was diagnosed with a stroke in the cerebellum which is located in the back of the brain affecting his balance. “Decompressive” surgery was performed to relieve pressure on the brain. Very little more was given by UNM Hospital because of federal Health Insurance Portability and Accountability Act (HIPPA) rules governing privacy rights of patients.

THE DOCTORS GIVE THEIR TAKE

KOAT 7 health expert Dr. Barry Ramo had this to say:

“In the spectrum of strokes, this is an unusual type of stroke. The cerebellum is a fundamental structure in the brain. It has to do with coordination has to do with vision, has to do with speech has to do with movement. … The recovery time depends on how much damage has occurred as a consequence of the stroke. … There are many things in Senator Luján’s favor. One is his youth, and he’s otherwise been healthy. The fact that they did the surgery, and the surgeon feels that he’s going to have full recovery is excellent news.”

https://www.koat.com/article/us-senator-ben-ray-lujan-hospitalized-stroke/38954454

Dr. Pierre Fayad , the chief of the vascular neurology and stroke program at the University of Nebraska Medical Center, said patients generally recover well from strokes in the cerebellum. Fayad had this to say:

“Barring complications such as infection or bleeding … recovery can take from a few weeks to a couple of months. There may be a need for acute rehabilitation to restore balance and brain functions. … Hospitalization may last a week to 10 days, but … every case is different. … [A patient recovering] could have some balance issues, but overall, damage to the cerebellum can be quite forgiving. … The severity of the damage is affected by the size of the injury, the location, the kind of stroke and other factors. … There can also be swallowing and vision problems and weakness in facial movement.”

According to Dr. Fayad, the surgery is performed on the back of the head to relieve potential pressure on the brain. Typically, a piece of the skull is removed and damaged brain area will also be taken out if necessary. The surgery reduces swelling to prevent the impact of compression on the brain. Dr. Fayad said barring complications such as infection or bleeding, recovery can take from a few weeks to a couple of months depending on the need for rehabilitation to restore balance and brain functions.

https://www.santafenewmexican.com/news/local_news/u-s-sen-ben-ray-luj-n-suffers-stroke/article_32cf7308-83a2-11ec-b4c6-53d25e89f100.html

Adán Serna, a spokesman for Senator Luján said he has been able to talk with staff and he hasn’t suffered any paralysis or loss of speech.

Links to other quoted news source material are here:

https://www.kob.com/albuquerque-news/sen-ben-ray-lujan-hospitalized-with-discovered-stroke-/6376916/?cat=500

https://www.abqjournal.com/2466367/u-s-sen-ben-ray-lujan-undergoes-surgery-following-stroke.html

IMPACT ON PRESIDENT BIDEN’S NATIONAL AGENDA

National news outlets were quick to report Senator Lujan’s hospitalization mainly because it could have a major impact on President Joe Biden’s national agenda. Proxy voting is not allowed in the United Sates Senate, which is evenly split, with 50 Republicans and 48 Democrats who are joined in caucus by two independents and with Vice President Kamala Harris who would vote in case of any tie. Luján’s absence will have an immediate impact if he’s not able to return in time for any votes.

The most immediate impact of Lujan’s absence from the Senate is Biden’s appointment for the replacement of U.S. Supreme Court Justice Stephen Breyer who has announced his retirement. Biden has already begun the vetting process to find a nominee and has said he will nominate the very first black woman to the United States Supreme Court. At least 12 woman are under consideration. Biden has said he will announce his nomination by the end of February. An extensive illness and recovery time could hinder Luján’s role in the appointment of a new justice.

On January 26, Luján release a statement on the retirement of U.S. Supreme Court Justice Stephen Breyer. Luján encouraged the U.S. Senate “to move swiftly in confirming a new Supreme Court justice that reflects the full diversity of our nation, and I look forward to working with President Biden to do so.”

Get well soon Senator Ben Ray Luján Jr, and best wishes.

NEWS UPDATE

It is being reported that Senator Ben Ray Luján will not be back to work in Washington for at least 4 weeks, throwing President Joe Biden’s Supreme Court pick and lagging legislative agenda in doubt. Routine Senate business is already being rearranged as the Senate Commerce Committee announced it would be postponing consideration of some of Biden’s executive branch nominees because the panel, on which Luján is a member, needs all Democrats for the votes.

https://www.kob.com/news/with-one-senator-absent-biden-and-democrats-agenda-at-risk/6377877/?cat=500

January 29, 2022 it was widely reported by numerous national news agencies that “Der Führer” former President Donald Trump angerly lashed out at a rally in Conroe, Texas against the ongoing criminal investigations in New York, Georgia and Washington. Trump went so far as to call on his supporters to stage mass protests if he is “mistreated” by prosecutors, ostensibly meaning if he is charged or indicted for crimes. Trump said:

“If these radical, vicious, racist prosecutors do anything wrong or illegal, I hope we are going to have in this country the biggest protest we have ever had in Washington, D.C, in New York, in Atlanta and elsewhere, because our country and our elections are corrupt.”

Trump also said he would “consider” pardoning defendants charged in connection with the January 6 , 2021 Capitol riot if he returns to the White House and said:

“Another thing we’ll do, and so many people have been asking me about it, if I run and if I win we will treat those people from January 6 fairly. … And if it requires pardons we will give them pardons because they are being treated so unfairly.”

FBI ASSISTANCE REQUESTED

On Sunday, January 30, Fulton County District Attorney Fani Willis who’s investigating whether Donald Trump and others broke the law by trying to pressure Georgia officials to overturn Joe Biden’s presidential election victory, asked the FBI for security help after Trump lashed out. Willis wrote a letter to the FBI office in Atlanta asking for a risk assessment of the county courthouse, where her office is located, and government center. She also asked the FBI to provide protective resources, “to include intelligence and federal agents.”

Willis last year opened an investigation into any potential attempts to improperly influence the 2020 general election in Georgia by Trump and his associates. A special grand jury is set to be seated May 2.

In her letter to the FBI, Willis wrote:

“My staff and I will not be influenced or intimidated by anyone as this investigation moves forward. … I am asking that you immediately conduct a risk assessment of the Fulton County Courthouse and Government Center, and that you provide protective resources to include intelligence and federal agents. … It is imperative that these resources are in place well in advance of the convening of the Special Purpose Grand Jury. … We must work together to keep the public safe and ensure that we do not have a tragedy in Atlanta similar to what happened at the United States Capitol on January 6, 2021.”

FBI spokesperson Jenna Sellitto confirmed receipt of the letter and said the agency supports local, state and federal and local law enforcement agencies to maintain public safety and said in part:

“Our efforts are focused on identifying, investigating, and disrupting individuals that are inciting violence and engaging in criminal activity. … As we do in the normal course of business, we are gathering information to identify any potential threats and are sharing that information with our partners.”

Wyoming Republican US Rep. Liz Cheney, the who is vice chair of the select House committee investigating events surrounding the January 6 2021 riot, in a tweet on January 31 blasted Trump for his rhetoric and said this.

“Trump uses language he knows caused the Jan 6 violence; suggests he’d pardon the Jan 6 defendants, some of whom have been charged with seditious conspiracy; threatens prosecutors; and admits he was attempting to overturn the election. … He’d do it all again if given the chance.”

Republican South Carolina United States Senator Lindsey Graham, normally a staunch supporter of all that is Trump, called his suggestion of pardons for the January 6 defendants “inappropriate” and said on CBS’s “Face the Nation”:

“No, I don’t want to send any signal that it was okay to defile the Capitol. … There are other groups with causes that may want to go down to the violent path that these people get pardoned.”

Republican Governor Chris Sununu of New Hampshire also said on CNN’s “State of the Union” he doesn’t think the January 6 capitol rioters should be pardoned and said:

“Folks that were part of the riots and frankly the assault on the U.S. Capitol have to be held accountable. There is a rule of law.”

The links to quoted source material are here:

https://www.nbcnews.com/politics/donald-trump/trump-suggests-he-might-pardon-jan-6-defendants-if-he-n1288218

https://www.cnn.com/2022/01/30/politics/fulton-county-da-fbi-letter/index.html

https://www.cnbc.com/2022/01/31/atlanta-da-fani-willis-asks-fbi-for-security-help-after-trump-calls-for-protest.html

https://apnews.com/article/donald-trump-georgia-fb-security-help-48a4d34e5f84b7d878334b21e7fe66ca

“DER FÜHRER” TRUMP REVEALS HE WANTED PENCE TO OVERTURN BIDENS ELECTION

On January 29, Der Führer Trump issued an explicit public statement that his intent on January 6, 2021 was he wanted then-Vice President Mike Pence to overturn the results of the 2020 presidential election, making clear Trump’s goal was not to resolve disputes over electoral votes but to have Pence declare Trump the winner. Trump became angry after Republican Main Senator Susan Collins said on ABC’s “This Week With George Stephanopoulos” that “ambiguities” in the Electoral Count Act of 1887, which governs the counting and the certification of the presidential vote, were “exploited” on January 6, 2021. Collins went on to say that lawmakers “need to prevent that from happening again.” Collins is leading a group of 16 senators on the reforms.

Der Führer Trump had this to say in a statement:

“If … Vice President [Mike Pence] had ‘absolutely no right’ to change the Presidential Election results in the Senate, despite fraud and many other irregularities, how come the Democrats and RINO Republicans, like Wacky Susan Collins, are desperately trying to pass legislation that will not allow the Vice President to change the results of the election? … Actually, what they are saying, is that Mike Pence did have the right to change the outcome, and they now want to take that right away. … Unfortunately, he didn’t exercise that power, he could have overturned the Election!”

Trump’s claims that bipartisan efforts to reform the law proves that vice presidents have the power to overturn elections is simply another lie to promote Trump’s big lie that the 2020 election was rigged and that he won it. Constitutional experts told ABC News that what Trump and his allies sought was to expand the role of the vice president beyond ceremonial and to have Pence essentially disregard millions of Americans’ votes.

Rebecca Green, co-director of the election law program at William and Mary Law School, also told ABC News:

“There has never been the kind of pressure that Mike Pence experienced on Jan. 6, 2021, before. … [It] would be extremely illogical for the system to instill that much power in sitting vice presidents, particularly since sitting vice presidents are so regularly on the presidential ballot.”

The links to quoted source material are here:

https://abcnews.go.com/Politics/trump-suggests-pence-overturned-2020-election/story?id=82581412

https://www.newsweek.com/trump-mike-pence-overturn-election-1674410

https://abcnews.go.com/Politics/trump-suggests-pence-overturned-2020-election/story?id=82581412

DER FÜHRER TRUMP WANTED VOTING MACHINES SIEZED

The New York Times reported that then-President Donald Trump was directly involved in efforts to use national security agencies to seize voting machines after his 2020 election loss. Trump went so as to press his lawyer Rudy Giuliani to make inquiries while Trump advisers drafted two versions of a related executive order.

The New York Times cited 3 people familiar with the matter. According to the Times, reported Trump directed Rudy Giuliani to call the Department of Homeland Security (DHS) to determine whether it could legally take control of voting machines in key swing states.

That effort came amid 2 previously reported attempts to seize the machines. Trump’s outside advisers pressed to have the Defense Department confiscate the voting machines and Trump also asked Attorney General Bill Barr whether the Justice Department could take them.

According to the Times, Trump brought up the prospect of the Justice Department seizing voting machines during a November meeting with Attorney General Bill Barr. Trump reportedly told Barr that his lawyers told him the machines could be seized, but Barr immediately rejected the suggestion.

“During a Dec. 18 Oval Office meeting the Times described as “dramatic,” disgraced general Michael Flynn and conspiracy-pushing lawyer Sidney Powell reportedly presented Trump with a draft of an executive order instructing the military to seize the machines. Trump summoned Rudy Giuliani, who said the military had no grounds to seize them, because, again, there was no actual proof of any significant election fraud. Trump ultimately sided with Giuliani.”

“Trump was intrigued by the idea of the Department of Homeland Secuity seizing the machines, after plots to have the Justice Department and the military seize them had been nixed. Trump asked Giuliani to call up the department’s acting Deputy Secretary Ken Cuccinelli to see if the DHS could indeed commandeer the state-run machines. He did so, and the answer was no.”

Both the New York Times and CNN reported Trump’s advisers drafted a second version of an executive order directing the DHS to take control of voting equipment. The first version, reported last month by Politico, called on the Defense Department to take the machines.

Links to quoted news source material are here:

https://www.nytimes.com/2022/01/31/us/politics/donald-trump-election-results-fraud-voting-machines.html

https://www.rollingstone.com/politics/politics-news/trump-pushed-government-seize-voting-machines-1293232/

https://www.reuters.com/world/us/trump-directly-involved-plans-seize-voting-machines-reports-2022-02-01/

COMMENTARY AND ANALYSIS

On November 3, 2020, President Joe Biden was elected the 46 President of the United States. Biden won the popular vote securing 51.1% of the popular vote (79,693,395 votes) to President Donald Trump’s 47.2% of the popular vote (73,708,217). President Elect Biden also won the electoral college, securing 306 to 232 electoral votes.

President Biden won the electoral college by the exact same vote Trump won the electoral college over Hillary Clinton. When Trump won the electoral college and not the popular vote, he declared he had won by a “landslide” even though Clinton had won the popular vote by over 3 million votes. Not this time. Trump lost the popular vote by 6 million votes and the electoral college by 74 and by Trump’s own measure he lost in a landslide to Biden.

It is clear that Trump is the first fascist ever elected President of the United States who put himself above the law, his own country and his own party. Trump has no respect for our constitution nor free elections. His view is that the only votes that count are those that are cast form him, a lesson he probably learned from Vladimir Putin.

Trump’s strongest and closest allies and supporters need to come to their senses and the realization that Trump is a traitor to our country, to them, to all of us and to our democracy. Attempting to set aside the vote of the American people was an attempt to undermine our very democracy. It was a coup d’é·tat that failed. He and his supporters belong in jail, yet he continues to do whatever he can to undermine our free elections.

Simply put, “Der Führer Trump” is who he is: a fascist hell bent on destroying our democracy.

A link to a related blog article is here:

Der Führer Trump’s Failed January 6, 2021 Coup d’é·tat Remembered; President Joe Biden Denounces Trump As Threat To Democracy

On November 2, 2021 Mayor Tim Keller was elected to a second term by a landslide. Keller was elected to a second term even though he failed to deliver on his promises to increase APD to 1,200 sworn police, bring down high crime rates, and failed to implement the 271 consent decree reforms of APD.

During the 2021 campaign for Mayor, Keller was never held accountable by his opponents for his failed record. Voters did not pass judgement for his failures and his broken promises. Mayor Keller was not elected to a second term because he did such a great job but because his two opponents were so very poor and failed to expose his record.

Second chances in politics because of weak opposition are very few and far between and timing is everything. Mayor Keller has now been given a second chance when it comes to the Albuquerque Police Department (APD) and the Department of Justice Court Approved Settlement Agreement (CASA).

It is critical for Keller to get done what needs to be done with APD and the DOJ consent decree in his first year of his second term. If not, his second chance opportunity will likely be lost forever. APD will continue to spiral out of control and the Federal Monitor will continue to charge millions to audit and never be satisfied with the progress made by APD and the reforms.

FOUR AREAS OF MAJOR CONCENTRATION

There are 4 major areas Mayor Tim Keller should concentrate on and accomplish in the first year of his second term. They are:

1. Reorganize APD, replace APD top management reduce management size and increase the number of patrol officers.

2. Renegotiate Union contract to exclude management.

3. Create APD salary structure and abolish bonuses, overtime and longevity pay.

4. Move to dismiss DOJ consent decree or ask for receivership.

This blog article is deep dive analysis examining all 4 major areas of what can and should be done over the first year of Mayor Tim Keller’s second term.

Review of APD’S budget, staffing levels and arrests are first in order.

APD BUDGET, STAFFFING AND ARRESTS

The Albuquerque Police Department (APD) is the largest budget department in the city. APD’s approved general fund operating 2022 budget is upwards of $222 million, or roughly 4.5% higher than fiscal year 2021 existing levels. Ultimately, the City Council approved nearly all the APD funding the Keller Administration requested in the budget proposal submitted on April 1, 2021.

APD’s funding is for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions. It also includes funding for new positions, including 11 investigators to support internal affairs and the department’s reform obligations under the Federal Court Approved Settlement Agreement and two communications staffers. Notwithstanding being fully funded for 1,100 full time sworn police, APD has only 917 full time sworn officers.

STAFFING LEVELS THEN AND NOW

When then New Mexico State Auditor Tim Keller ran for Mayor in 2017, he ran in part on the platform of increasing the size of the Albuquerque Police Department (APD) to 1,200 police, returning to “community-based policing” by the end of his first term and bringing down high crime rates. None of that happened and Keller was a miserable failure bringing down violent crime rates, so much so that the city’s all time record of homicides was broken 3 times during his first term.

According to the 2017-2018 city budget figures and payroll records at the time when Mayor Tim Keller assumed office on December 1, 2017, there were 836 full time sworn police.

During the December 16, 2021 court hearing before Federal Judge James Browning on the Federal Monitor’s 14th Compliance Report for the CASA, APD reported on the “rebuilding” of APD during the past 4 years under Keller. A comparison was made between APD staffing levels on December 7, 2017 and staffing levels on December 6, 2021. Following are the statistics provided to the court by APD:

DECEMBER 7, 2017 APD STAFFING LEVELS

Full Sworn Officer Count: 836

1 APD Chief
1 Assistant Chief
1 Deputy Chief
3 Majors
13 Commanders
33 Lieutenant
105 Sergeants
680 Patrol Officers

Note that the APD high command staff that worked directly out of the Chief’s Office consisted of 6 sworn APD staff: APD Chief, 1 Assistant Chief, 1 Deputy Chief and 3 Majors.

DECEMBER 6, 2021 STAFFING LEVELS

Full Sworn Officer Count: 917

1 APD Chief
1 Superintendent Of Police Reform
1 Deputy Superintendent Of Police Reform
6 Deputy Chiefs
1 Chief of Staff
12 Commanders
14 Deputy Commanders
44 Lieutenants
113 Sergeants
731 Patrol Officers
2 Sworn CSA’s

APD FELONY ARREST DOWN 39.5%, MISDEMEANOR ARRESTS DOWN 15%

The 2022-2023 approved APD budget does not have arrest statistics for the year 2021 in that those statistics have not been fully compiled and released by the FBI. However, the 2022-2023 approved budget does have the statistics for the budget years of 2019 and 2020 and they reflect that APD is not doing its job of investigating and arresting people even with increased resources and staff.

APD felony arrests went down from 2019 to 2020 by 39.51%, going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%.

Bookings at the jail have plummeted from 38,349 in 2010 to 17,734 in 2020. To have booking, there must be arrests.

2021 set a new record as the deadliest year in Albuquerque with 117 homicides. As of January 20, 2022, APD had only solved and closed 30% of those cases. Overall for the last two years, APD’s homicide unit has an anemic clearance rate of 37%, its lowest clearance rate in decades.

https://www.koat.com/article/abq-crime-homicide-arrests/38820745

ANALYSIS AND COMMENTARTY

Mayor Tim Keller in the first year of his second 4 year term should make every to concentrate on the 4 major areas that will ultimately turn things around for APD:

1. REPLACE APD CHIEF AND DEPUTY CHIEFS, REDUCE SIZE OF HIGH COMMAND, REORGANIZE APD, INCREASE THE NUMBER OF PATROL OFFICERS

Four years ago under former APD Chief Gordon Eden, the APD high command that worked directly out of the Chief’s Office was 1 Assistant Chief, 1 Deputy Chief, and 3 Majors. Four years later under APD Chief Harold Medinas, the APD Chief high command that works directly out of the Chief’s Office consists of 10 who are the Chief, the Superintendent and Deputy Superintendent Of Police Reform, 6 Deputy Chiefs and the Chief of Staff.

Thirty-seven additional management positions have been created over the last 4 years when the total number of sworn police has increased by an anemic 81 going from 836 in 2018 sworn to 917 sworn in 2022. There is really no justification as to why 3 additional Deputy Chiefs, a Deputy of Superintendent Of Police Reform, 14 Deputy commanders, 11 additional Lieutenants and 8 additional sergeants are needed given APD’s anemic growth of 81 .

Although the Keller Administration abolished the rank of Major that existed 4 years ago, there were only 3, it created the new position of “Deputy Commanders” which there are 14. The 14 Deputy Commanders is a whole new level of bureaucracy and management between Commanders and Lieutenants that is highly questionable as to duties and responsibilities other than “assisting” commanders.

Simply put, the APD Chief office staffing and mid management are bloated, overpaid and inept while sworn police patrolling the streets are dangerously low, underpaid and overworked.

Mayor Keller can and should reorganize APD and implement a Chief High Command staffing of 1 APD Chief, 3 Deputy Chiefs, 13 Commanders and eliminate the 14 Deputy Commanders. The reorganization will allow the reassignment of staff to the specialized units such as the homicide unit and the field services to assign more police to patrol the streets of Albuquerque.

EXPIERENCE FROM WITHIN WILL NOT CHANGE CULTURE OF AGRESSION

Five of the 6 Deputy Chiefs came up through the APD ranks and have a combined 95 years of experience with APD. When you add the additional 24 years of experience APD Chief Harold Medina has with APD, the total years of experience the 6 APD high command have with APD is 119 years. Normally, it would be a cause for great celebration to know that 119 years of law enforcement experience is in charge of running APD. That celebration simply cannot be when it comes to APD under a federal Court Approved Settlement Agreement (CASA).

The settlement mandates 271 reforms that was the result of an 18-month Department of Justice civil rights investigation that found a pattern of “excessive use of force” and “deadly force” and a “culture of aggression” within APD. Simply put, 6 of the 7 APD Chief’s executive staff contributed, should have known or did not stop the culture of aggression within APD. Now the 6 are fully in charge of APD.

There is no doubt that APD Chief Harold Medina was and still is part of the problem with APD’s failure to implement the reforms. Medina has a nefarious past of first killing a 14-year old boy having a psychotic episode and banishing a BB gun in a church. Years later, Medina gave the authorization to use deadly force that resulted in APD’s killing of a veteran threatening suicide having a psychotic episode. A jury verdict of $10 million was awarded in the killing of the veteran with the court finding that the veteran was only a danger to himself and not APD.

What was offensive to those killed and their families is that Medina promoted his nefarious past with the 2 shootings as making him qualified to be Chief saying that he learned the need for constitutional policing practices from the shootings.

APD TOP MANAGEMENT THE PROBLEM AND SHOULD BE REPLACED

It was during an April 15, 2020 hearing when Federal Judge Browning questioned Federal Monitor Ginger what his thoughts were on the appointment of Chief Harold Medina as the new APD Chief. Dr. Ginger thought then, as now, that APD needs an “external chief” or an “outsider”and in his words someone “nationally” with experience in DOJ reforms. Ginger expressed the opinion that such an outside person was needed to “effectuate real change” within APD. Ginger also acknowledge that such a person in all likely could “write their own ticket” and have a high salary requirement but it would be worth it in the long run to turn the department around.

During the December 16, 2021 hearing on the 14th Federal Monitor’s report, Judge Browning asked Ginger “how deep are the leadership problems at APD” and what can be done to solve those problems. Ginger’s response was blunt when stated the problems with APD are “failed leadership”.

According to Ginger the only thing that is going to change things and stop what is going on at APD is removing the existing leadership. Ginger has made it very clear over the last 7 years, he does not have command and control over APD nor of its personnel. Simply put, Ginger says “It’s not my job”, yet the city has paid him and his team of auditors millions over 7 years as he knows what can and should be done.

Ginger told Judge Browning the leadership problems start from the top executive team and goes down through management to the rank file. Ginger testified that 80% of the issues APD is still faced with in the CASA can be dealt with by a change in leadership.

Keller should thank Chief Harold Medina and his appointed 6 Deputy Chiefs for their service and tell them it is time for them to move on as he did with former Chief Michael Geier. Keller needs to replace the entire APD Chief High command and conduct a national search to find a new police chief or for that matter a Superintendent of Police who has actual experience in managing a troubled police department and experience implementing department of justice reforms and allow that person to hire their own management team.

SUPERINTENDENT OF POLICE REFORM NOT NEEDED IF YOU HIRE A COMPETENT CHIEF

On March 9, 2021, Mayor Tim Keller announced that Harold Medina had been selected as the new announced APD Chief and the appointment Sylvester Stanley as “Superintendent of Police Reform and Deputy Chief Administrative Officer, a newly created position. According to the city’s posted job description, the position pays $155,000 to $185,016 annually.

The link to the “Superintendent of Police Reform” Job Description and application is here:

https://www.governmentjobs.com/careers/cabq/jobs/3325568/superintendent-of-police-reform-and-deputy-chief-administrative-officer-un

Mayor Keller said of the Stanley appointment at the time:

“It was simply unrealistic and a real disservice to the realities of crime and reform to think that one leader can solve all of our challenges. … It just simply takes two in this case.”

https://www.krqe.com/news/politics-government/mayor-keller-to-announce-new-leadership-for-apd/

Stanley has a lengthy and distinguished career in law enforcement, but regrettably, has absolutely zero experience in implementing DOJ reforms and constitutional policing practices such as that mandated by the Court Approved Settlement Agreement. On December 1, 2021, after a mere 8 months on the job, Interim Superintendent of Police Reform Sylvester Stanley announced his retirement at year’s end. Once Stanly announced his retirement, Mayor Tim Keller announced he was launching a “national search” for the position. Keller in his announcement had this to say:

“[We are looking for] an experienced professional to lead this cutting-edge position [and] who is dedicated to police reform. … We developed this innovative position to bring about a new era for our police department. … Our Superintendent of Police Reform works hand and hand with our Chief so that each leader can focus on their core duties while supporting one another for the most benefit for the department and the community.”

https://www.abqjournal.com/2450956/interim-superintendent-of-police-reform-to-retire.html

There is absolutely nothing “cutting edge” nor “innovative” about the position of Superintendent of Police Reform. Keller creating the position and then allowing 6 deputy chiefs to be hired essentially admitted Harold Medina is not up to the task of being Chief to implement the DOJ reforms and Keller needed to appoint others to implement the reforms for him.

APD Chief Harold Medina is paid $177,562. The new “Superintendent of Police Reform” will be paid at a minimum $155,000. What this means is that Keller wants to pay $332,562 for the services of 2 people to do the job that historically has been done by the Chief.

If Keller’s history of national searches for an APD Chief is any indication, no one should hope for nor expect an outsider to be appointed to the position Superintendent of Police Reform and Deputy Chief Administrative Officer. It’s likely applicants will be solicited and APD insiders will also apply, the city will go through the sham of interviews and Keller will appoint someone already with APD or who is retired APD and who is willing to come back.

What Keller can do is appoint a new chief or appoint a civilian APD Police Superintendent or Commissioner by conducting a national search and in fact hire an outsider with real experience in police reform and managing a troubled police department. Keller could abolish the position of APD Chief and consolidate those duties and responsibilities with the Superintendent. When combining the salaries of both APD Chief and “Superintendent of Police Reform”, the city could afford upwards of a $300,000 salary.

2. RENEGOTIATE UNION CONTRACT TO EXCLUDE SERGEANT AND LIEUTENANT MANAGEMENT

In 2018, newly elected Mayor Tim Keller was able to negotiate a 2-year city contract with the Albuquerque Police Officers Association (APOA) for the time period of July 7, 2018 to June 30, 2020. The contract expired on July 1, 2020. Because of the pandemic the police union contract negotiations were suspended.

Under the state “collective bargaining act”, and what is referred to as an “evergreen clause”, the terms and conditions of the two-year contract remain in force and effect until a new contract is negotiated. The 65 page APOA police “Collective Bargaining Agreement” (CBA) can be down loaded as a PDF file at this link:

https://www.cabq.gov/humanresources/documents/apoa-jul-9-2016.pdf/view

Section 10-7E-5 of the New Mexico Public Employees Bargaining Act makes it clear that management employees cannot join unions and states as follows:

“Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining through representatives chosen by public employees without interference, restraint or coercion and shall have the right to refuse any such activities.”

The link to Section 10-7E-5 is here:

https://www.pelrb.state.nm.us/pdf/statutes/10-7E-5_Rights%20of%20public%20employees.pdf

It is well settled federal and state labor laws that management personnel are prohibited from joining unions yet the expired police union contract defines the collective bargaining unit to include the management positions of APD sergeants and lieutenants.

It is Section 1.3.1 of the expired union contract that provides:

“The APOA is recognized as the Exclusive Representative for regular full time, non-probationary police officers through the rank of Lieutenants in the APD … .”

The New Mexico Public Employees Bargaining Act, Sections 10-7E-1 to 10-7E-26 H (NMSA 1978), governs the enforcement of the city’s collective bargaining agreement with the APD police union. The link to the statute is here:

https://www.pelrb.state.nm.us/statute.php

Under state labor law, management are not allowed to join unions. The current police union contract allows the APD management positions of sergeants and lieutenants to be police union members and it violates state law. The police union is a “third party intervenor”to the federal settlement case. The police union from the beginning has consistently obstructed the implementation of the mandated reforms.

On April 27, 2021, it was widely reported that the Albuquerque Police Officers Association (APOA) launched a $70,000 false or misleading political ad campaign to discredit the Department of Justice (DOJ) mandated reforms saying the police reforms were preventing police officers from doing their jobs combating crime offering no proof. APOA Police Union President Shaun Willoughby described the need for the public relations campaign this way:

“You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both. … They want to focus on the growing crime problem, instead of wasting millions of dollars on endless Department of Justice oversight. … “

COUNTER CASA EFFECT IDENTIFIED AS APD SERGEANTS AND LIEUTENANTS

The Federal Monitor has found repeatedly it is APD sergeants and lieutenants who are resisting management’s implementation of the DOJ reforms. The problem is sergeants and lieutenants are where the rubber hits the road when it comes implementation of the 271 reforms.

It was on November 1, 2019, Federal Court Appointed Monitor James Ginger in his Federal Monitors 10th audit report where the “Counter CASA” effect was fully identified. According to the Federal Monitor’s 10th report:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.

In his 11th Monitors report file on May 4, 2020, Ginger wrote:

[“APD personnel are] still failing to adhere to the requirements of the CASA found in past monitoring reports, including some instances moving beyond the epicenter of supervision to mid- and upper management levels of the organization. … some in APD’s command levels continue to exhibit behaviors that “build bulwarks” [or walls] preventing fair and objective discipline, including a process of attempting to delay and in some cases successfully delaying the oversight processes until the timelines for administering discipline had been exceeded. … “

Mayor Tim Keller needs to order the immediate commencement of police contract negotiations. At the very start of the negotiations, the Keller Administration should demand that sergeants and lieutenants be removed from the bargaining unit and made at will employees in order to hold them accountable for implementing management policy and the DOJ reforms and eliminate any and all undue influence the police union has on sergeants and lieutenants.

3. ABOLISH APD HOURLY PAY, OVERTIME AND LONGEVITY PAY; CREATE APD SALARY STRUCTURE WITH STEPS AND GRADES

APD hourly pay is some of the best paid in the country. APD’s hourly and total yearly base pay is summarized as follows:

First year probationary officers immediately out of the academy are not covered by the union contract in that they are not union. Starting pay for an APD police officer graduating from the academy and for the officers first year of probation remains the same. They are paid $21.27 an hour for a 40-work week, 52 weeks a year or $44,241.60 yearly. The cost of training each APD cadet is upwards of $60,000.

Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly.

Senior Police Officers with 15 years or more experience have a base pay rate of $31.50 an hour or $65,520 yearly.

The hourly base pay rate for APD Sergeants is $35 an hour, or $72,800 yearly.

The hourly base pay rate for APD Lieutenants is $40.00 an hour or $83,200.

NEWS UPDATE:

On February 4, it was reported that the Keller Administration negotiated a new union contract that makes APD the best paid law enforcement agency in the region by increasing hourly pay by 8% and longevity pay by 5% and creating a whole new category of incentive pay. A link to related blog article giving the schedule of new hourly rates and yearly salary is here:

https://www.petedinelli.com/2022/02/07/city-apd-union-negotiate-new-contract-keller-squanders-another-opportunity-for-apd-police-reform-hourly-pay-increased-8-longevity-pay-increased-5-new-incentive-pay-created-ov/

LONGEVITY PAY BONUSES

In addition to their hourly and yearly pay, APD police officers are paid longevity bonus pay added to their pay at the end of the year. Following are the longevity pay rates:

For 5 years of experience: $100 are paid bi-weekly, or $2,600 yearly
For 6 years of experience: $125 are paid bi-weekly, or $3,250 yearly
For 7 to 9 years of experience: $225 are paid bi-weekly, or $5,800 yearly
For 10 to 12 years of experience: $300 are paid bi-weekly, or $7,800 yearly
For 13 to 15 years o experience: $350 are paid bi-weekly, or $9,100 yearly
For 16 to 17 years or more: $450 are paid bi-weekly, or $11,700 yearly
For 18 or more years of experience: $600 are paid bi-weekly, 15,600 yearly

NEWS UPDATE:

On February 4, it was reported that the Keller Administration negotiated a new union contract that makes APD the best paid law enforcement agency in the region by increasing hourly pay by 8% and longevity pay by 5% and creating a whole new category of incentive pay. A link to related blog article giving the schedule of new longevity pay is here:

https://www.petedinelli.com/2022/02/07/city-apd-union-negotiate-new-contract-keller-squanders-another-opportunity-for-apd-police-reform-hourly-pay-increased-8-longevity-pay-increased-5-new-incentive-pay-created-ov/

OVERTIME PAY

In addition to sign on bonuses, hourly pay and longevity pay, APD sworn police can be paid overtime and paid time and a half. APD overtime has been a major source of controversy, including time card fraud, for a number of years resulting in 7 audits performed on APD overtime practices since 2014.

During the last 10 years, the Albuquerque Police Department has consistently gone over its overtime budgets by millions. In fiscal year 2016, APD was funded for $9 million for over time but APD actually spent $13 million. A March, 2017 city internal audit of APD’s overtime spending found police officers “gaming the system” that allows them to accumulate excessive overtime at the expense of other city departments. A city internal audit report released in March, 2017 revealed that the Albuquerque Police Department spent over $3.9 million over its $9 million “overtime” budget.

https://www.petedinelli.com/2018/03/30/apd-overtime-pay-abuse-and-recruitment-tool/

APD SWORN POLICE TOP CITY HALL WAGE EARNERS

At the beginning of each calendar year, City Hall releases the top 250 wage earners for the previous year. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. The 2019 and the 2020 city hall 250 highest paid wage earnings shows the extent of excessive overtime paid to APD sworn police. For both the years of 2019 and 2020, 160 of 250 top paid city hall employees were police who were paid between $107,885.47 to $199,666.40.

In 2019, there were 70 APD patrol officers in the list of 250 top paid employees earning pay ranging from $108,167 to $188,844. There were 32 APD lieutenants and 32 APD sergeants in the list of 250 top paid employees earning pay ranging from $108,031 to $164,722 because of overtime.

In 2020, there were 69 patrol officers paid between $110,680 to $176,709, 28 APD Lieutenants and 32 APD Sergeants who were paid between $110,698 to $199,001 in the list of the 250 top paid city hall employees paid between.

PAY SALARIES, NOT HOURLY WAGES

Now that Mayor Tim Keller has secured a second 4-year term, he should direct the city Human Resource Department to rewrite APD sworn police job descriptions and restructure the APD pay system to salary pay system, not hourly wages, with grades and steps. As an alternative to paying overtime and longevity bonus, the city should do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service and performance and merit. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented.

A base pay salary system can be implemented for all APD sworn personnel. A base salary system with step increases for length of service should be implemented. The longevity bonus pay would be eliminated and built into the salary structure. Mandatory shift time to work would remain the same, but if more time is needed to complete a work load or assignments for the day, the salaried employee would work it for the same salary with no overtime paid and a modification of shift times for court appearances.

APD Patrol Officers First Class who handle DWI during nighttime shifts should be required to change their shift times to daytime shifts when the arraignments and trials occur to prevent overtime pay. As an alternative to DWI arraignment, the City Attorney’s Office should explore the possibility of expanding or modifying the Metro Traffic Arraignment Program with the Bernalillo County District Attorney’s Office assisting to include not just traffic citations but DWI arraignments to eliminate the need for APD officers to appear at such arraignments.

OFFER $30,000 SIGN ON BONUSES TO NEW RECRUTIES FOR 6 YEAR COMMITMENT EXCLUDING LATERAL HIRES

APD sworn police officers are some of the highest paid law enforcement officers in the country when you add base pay, overtime pay, longevity pay, insurance benefits and the very generous Public Employees Retirement (PERA) program that allows for retirement after 20 to 25 years of service and payment of upwards of a 90% pension for a persons high 3 years of pay. Notwithstanding, the city is still having a problem with recruiting a new generation of younger sworn police and retaining experienced older cops.

APD loses officers at an alarming rate. According to one published report, APD sworn police are leaving APD in droves and either moving on to other departments or just simply retiring. The total number of APD full time sworn police officers dwindled from 998 at the end of March of 2021 to 940 as of July 24, 2021 with the department losing 58 officers in a 4-month span. According to APD spokesperson Rebecca Atkins as of October 27, 2021, APD had 945 sworn police. On December 16, 2021, APD reported to the Federal Court it had 917 full time sworn police.

Over the last 20 years, the Albuquerque Police Departments (APD) attrition rate has been consistently 60 police officers a year. That includes terminations, transfers and police officers who have decided they do not want to be a police officer anymore.

That began to changed dramatically in 2020. For all of 2020, APD had 81 departures. In 2021, halfway through the year, APD had 82 departures. On September 21, 2021, it was reported that the number of APD sworn officers stood at 906 and that APD since January of 2021 had lost 122 sworn police.

Links to quoted sources material are here:

https://www.abqreport.com/single-post/122-officers-have-left-apd-since-january

https://www.petedinelli.com/2021/08/19/apd-personnel-meltdown-continues-staffing-shortages-prompt-15000-recruitment-bonuses-apd-shift-changes-announced/

https://www.abqjournal.com/2441302/city-sets-10k-signing-bonus-for-police-cadets.html

Recruitment of new officers has been so difficult to the point that APD began offering sign on bonuses in August, 2021 worth thousands of dollars. The bonuses are:

$15,000 for lateral police officers (experienced officers transferring from other departments)
$5,000 for cadets or new recruits
$1,500 for police service aides

Many APD police officers who were eligible to retire decided to stay on and continue for a few more years with APD because of the significant increases in hourly pay and longevity pay and increasing their retirement benefits, but they still retired in three years once they attained their high 3 years of service pay.

When you offer $15,000 bonuses to lateral hires, what happens is that those officers are not making a long-term career commitment to stay with APD. What the lateral hires have done is join APD, paid the bonus, hired at a higher salary for 3 years to cap off their retirement pay and then move on as quickly as they can and retire.

This is exactly what happened in the early part of Keller’s first term. APD began a process of raiding other New Mexico law enforcement departments offering higher wages and bonuses. Keller actually called it “poaching”.

Former APD Chief Michael Geier recruited many from the Rio Rancho police department where he retired as Chief to become APD Chief. The first year of lateral hires resulted in 70 lateral transfer hires. Three years later, APD Spokesman Gilbert Gallegos revealed that most of those 70 laterals were no longer employed with APD and retired or moved on. The $15,000 bonus offered to lateral hires should have included a full 6-year commitment of service with APD.

The paying of sign on bonuses of $5,000 to new recruits was an excellent first step in recruitment of a new, younger generation of police officer, but it is not at all likely it will have that much of an impact in the long run for retention. To have a real impact on attracting a new, younger generation of police officer, sign on bonuses to new recruits should be raised to $30,000 in exchange for a minimum commitment of 6 years of service with APD. Keller should order increasing sign on bonus to new recruits excluding all lateral hires.

The new recruit bonus contract would require a pro rata return payment if the 6 years of service are not completed. The $30,000 sign on bonus contract would do far more to ensure that APD retains new officers beginning an wanting a law enforcement career that the city has spent upwards of $50,000 to train each cadet only to have those new officers move on as soon as they can to another law enforcement agency.

4. NEGOTIATE TERMINATION OF THE DOJ CONSENT DECREE OR SEEK APPOINMENT OF A RECIEVER TO TAKE OVER APD

Review of the 14 Federal Independent Monitors Reports and reforms implemented, one conclusion is the spirit and intent of the settlement has been achieved.

On November 16 , 2021, it was a full 7 years that expired since the city entered into the CASA with the DOJ. It was originally agreed that the settlement implementation would be completed within 4 years, but the previous Republican Administration engaged in delay and obstruction tactics found by the Federal Monitor. The Keller administration on a number of levels has also engaged in delay and obstruction tactics.

After 7 full years the following mandated reforms under the CASA have been completed:

1. After a full year of negotiations, new “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.

2. All sworn police officers have received crisis management intervention training.

3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.

4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.

5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.

6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police having received training.

7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.

8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.

9. The Repeat Offenders Project, known as ROP, has been abolished.

10. Civilian Police Oversight Agency has been created, funded, fully staffed and a director hired.

11. The Community Policing Counsels (CPCs) have been created in all area commands and the CPCs meet monthly.

12. The Mental Health Advisory Committee has been implemented.

13. The CASA identified that APD was understaffed and APD is continuing with its efforts with recruitment.

14. In the November 12, 2021 IMR-14 report, the most recent report, the Federal Monitor reported the 3 compliance levels after 7 years of APD effort as follows:

Primary Compliance: 100%
Secondary Compliance: 82%, down from a high of 93%
Operational Compliance: 62%, an increase 3% points from 59%, but down from a high of 66%

FLUCTUATING COMPLIANCE LEVELS

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Originally, APD was to come into compliance by 2018 and the case was to be dismissed in 2020.

The 3 compliance levels can be explained as follows:

PRIMARY COMPLIANCE: Primary compliance is the “policy” part of compliance. To attain primary compliance, APD must have in place operational policies and procedures designed to guide officers, supervisors and managers in the performance of the tasks outlined in the CASA. As a matter of course, the policies must be reflective of the requirements of the CASA; must comply with national standards for effective policing policy; and must demonstrate trainable and evaluable policy components.

SECONDARY COMPLIANCE: Secondary compliance is attained by implementing supervisory, managerial and executive practices designed to and be effective in implementing the policy as written, e.g., sergeants routinely enforce the policies among field personnel and are held accountable by managerial and executive levels of the department for doing so. By definition, there should be operational artifacts such as reports, disciplinary records, remands to retraining, follow-up, and even revisions to policies if necessary, indicating that the policies developed in the first stage of compliance are known to, followed by, and important to supervisory and managerial levels of the department.

OPERATIONAL COMPLIANCE: Operational compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency e.g., line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

It was in 2019 that APD made the most progress in compliance levels with the reforms but for the next two full years thereafter there was a decline in compliance levels. In the May 4, 2020 IMR-11 Report, the Federal Monitor reported the highest compliance levels ever achieved by APD during the settlement as follows:

Primary Compliance: 100%;
Secondary Compliance: 93%
Operational Compliance: 66%.

https://documents.cabq.gov/police/reports/department-of-justice/eleventh-independent-monitors-report.pdf

Comparing the November 1, 2019 IMR 10 Report to the IMR 11 Report the 2 of 3 compliance levels increased as follows:

Primary Compliance: 100%
Secondary Compliance: From 81% in IMR 10 to 93% in IMR 11, a 14.8% plus increase
Operational Compliance: From 64% in IMR 10 to 66% in IMR 11, a 3%. Increase

Page 4, IMR-11 Report

https://documents.cabq.gov/police/reports/department-of-justice/eleventh-independent-monitors-report.pdf

In the May 3, 2021 IMR-13 report, the Federal Monitor reported the compliance levels in 2 categories had dropped as follows:

Primary Compliance: 100%;
Secondary Compliance: 82%, a 9% loss from previous report
Operational Compliance: 59%, a 3% loss from previous report

https://documents.cabq.gov/police/reports/department-of-justice/independent-monitors-thirteenth-report-may-2021.pdf

PRIMARY CAUSE OF DECLINNG OPERATIONAL COMPLIANCE LEVELS

Albuquerque Police Department’s (APD) Internal Affairs Force Division is the primary cause of the decline in “operational compliance” levels and its failure to address use of force case investigations. The Federal Monitor’s 14th report found that APD failed to assign hundreds of use of-force cases to investigators during the 6 month monitoring period. The federal monitor in his 14th report made the following findings:

“The most important issues affecting APD during the IMR-14 reporting period involve misconduct investigations, use of force investigations, the lack of progressive discipline when misconduct is found, and supervision and leadership.

All non-force-related misconduct investigations completed by APD … were found to be deficient. A total of 17 misconduct cases, 6 investigated by Internal Affairs and 9 area command investigations were reviewed, including two that were completed by outside agencies.

The only properly investigated case reviewed by the monitoring team this reporting period was completed by an outside agency. In two consecutive reporting periods, a virtual shut down of use of force investigations has occurred in Internal Affairs.

Only seven, or 3%, of the 216 Level 2 cases opened were closed. Only 1 of those 7 was completed within 90 days, or less than one-half of a percent. Only two of 91 Level 3 use of force cases opened during this period were completed by [Internal Affairs Force Division] IFD or 2%. Neither of the 2 cases were completed within the CASA required 90-day period.

We find these failings to be more than notable, given the amount of time the monitoring team spent with APD in the last three reporting periods specifically focused on process improvement processes at [the Internal Affairs Force Division] IAFD. Of the twelve cases reviewed for compliance concerning discipline, only 58% met the requirements for adherence to progressive discipline as outlined in the CASA.

A second backlog of 667 uninvestigated use of force cases, as of the draft of this report, was reported. This second backlog is more than double the initial backlog APD dealt with from 2018-2020 and does not include any of the contemporary cases left uninvestigated by IAFD.

Approximately 83% of these cases are already time-barred for discipline in accordance with the CBA, should misconduct be found. Since its discovery, this backlog has been reduced from 667 cases to 660 cases (as of October 25, 2021). At this rate of case productivity, we project that it will take APD 94 months to “clear” this second backlog, which, again, would ensure no disciplinary actions for policy violations in another 667 cases.”

INTENTIONAL BACKLOG OF NONE COMPLIANCE

The federal monitor continued with the following findings:

“Given the amount of focus on the problems related to [the Internal Affairs Force Division] IAFD investigations in previous monitor’s reports, and the exceptional amounts of technical assistance provided by the monitoring team relating to IAFD processes, we can only conclude that this new backlog was intentional, and yet another canard designed to ensure that officers are not disciplined for known policy violations. We consider this another example of deliberate non-compliance exhibited by APD.

Leadership and supervision, especially in the critical areas of reform listed above, are simply lacking—or in some cases not extant. As such, these findings require direct action by the City and APD leadership to identify the causes of, and to take corrective actions responding to, what can only be described as deliberate failures to comply with existing APD policy and with CASA requirements.

Given the extensive amounts of technical assistance provided by the monitoring team related to misconduct investigations and to workload management, we can only conclude that these jarring failures are deliberate.”

EXTERNAL FORCE INVESTGATION TEAM

To deal with the APD Internal Affairs failures to properly investigate use of force cases, U.S. District Judge James Browning approved a stipulated order creating the External Force Investigation Team (EFIT). The EFIT team is training APD Internal Affairs (IA) investigators on how to properly investigate uses of force instances by APD police officers. The City has agreed to at least 25 force investigators being assigned to the APD Internal Affairs until APD demonstrates that fewer investigators are necessary to timely investigate uses of force by APD Officers. The DOJ is now asking that the EFIT be assigned to clear out APD’s backlog of uses of force cases. The EFIT should be made permanent.

AS GOOD AS ITS GOING TO GET; DISMISS CASA OR ASK FOR RECIVERSHIP

Review of all the Federal Independent Monitors Reports and reforms implemented, one conclusion is the spirit and intent of the settlement has been achieved with new “use of force” and “use of deadly force” policies, extensive training and sweeping mandated changes to APD protocols. Still, APD hovers at around 60% “operational compliance” when 95% is required for two years to dismiss the DOJ consent decree.

After 7 years and millions spent, it is likely things are as good as its going to get with Keller’s current APD management under the consent decree. APD has now reached the point where Keller should order and demand APD management to implement the reforms forthwith or be removed and replaced by Keller with those who can get the work done and without continued monitoring by the court. It’s called assuming responsibility and leadership.

It’s painfully obvious that Keller’s APD high command can not get the job done to the satisfaction of the federal monitor and the court. It’s time for Mayor Keller to ask the court to dismiss the case or appoint a receiver to get the job done and have the Department of Justice do the heavy lifting with implementing the reforms they have demanded.

FINAL COMMENTARY

Second chances in politics because of weak opposition are very few and far between. Tim Keller has had a very charmed political career always being able to prevail against very weak candidates when he ran first for State Senate, State Auditor and now a second term for Mayor.

Keller has now been given a second chance. Only time will tell if Keller has learned anything in office over the last four years other than how to do photo ops, do press conferences, attend heavy metal concerts to introduce the band and act like a high school jock living his glory days.

If Keller fails to act now when it comes to APD he will waste his second chance to make any difference reforming APD.