On July 30, Dawn Legacy Point filed the very  first application  for a ‘Safe Outdoor Space’ homeless encampment. The Dawn Legacy Point homeless encampment is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  The homeless encampment  is  to be located on vacant land at 1250 Menaul Blvd, NE which  consists of two large parcels of property owned by the city with an assess value of $4,333,550.

On August 8, the City Planning Department approved the  Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE. Seven appeals of the Dawn Legacy Point Safe Outdoor Spaces were filed asking the City Planning Department to reverse its decision and deny the Safe Outdoor Space application of Dawn Legacy.

The 7 appellants are:

1. Martineztown Santa Barbara Neighborhood Association
2. Menaul Middle School
3. Life Roots
4. Reuele Sun Corporation, a participant in the Menaul Redevelopment Area
5. Crown Plaza Hotel, a participant in the Menaul Redevelopment Area
6. T-Mobil Cell Phone Call Center
7. Greater Albuquerque Hotel and Lodging Association

On September 28, 2022 an all-day hearing was convened by a City Land Use Hearing officer to hear the appeals.  All seven  appeals were heard separately but consecutively  at the  September 28, 2022 hearing.  As a matter  of administrative efficiency and economy, the appeals were  consolidated and considered  together for disposition

 On October 10, City Land Use Hearing Officer Steven M. Chavez issued his decision in the appeal of  Dawn Legacy Point application.   Hearing Officer Chavez REMANDED the Dawn Legacy Point application back to the city Planning Department for further review after  finding “substantial and meaningful violations of due process” of law to the appellants.

NEW MEXICO SUN ARTICLE

On October 13, the on line news agency “New Mexico Sun” published a  report on the remand.  The article  was written by New Mexico Sun staff reporter  Andy Nghiem.  Below is the article followed by a link to the article:

HEADLINE:  “ABQ Hearing Officer remands Dawn Legacy Pointe SOS application finding ‘substantial and meaningful’ violations of due process”.

By Andy Nghiem

“In response to appeals filed by the Santa Barbara Martineztown Neighborhood Association (SBMTNA), the Menaul School, and several local businesses, City of Albuquerque Land Use Hearing Officer Steven Chavez (LUHO) issued an October 10 ruling remanding the Dawn Legacy Pointe “safe outdoor space” (SOS) homeless encampment application back to planning. The officer found that in their rush to approve the SOS, City Staff and the applicant committed “substantial and meaningful” violations of “due process” by failing to provide appropriate notice.

In his ruling, Chavez wrote that, “…the applicants failed to properly send notification of the pending SOS application to all the qualifying abutting property owners within 100-feet of the proposed site (excluding right-of-way). Because the defect is so substantial and meaningful involving due process, a remand is fundamentally the shortest path to a final resolution of these appeals.”

Chavez also added that “Planning Staff disregarded the manner of notice required which is specifically applicable to all applications requiring “administrative decisions” in the IDO,” “The practical impact … was that a meaningful number of property owners who otherwise would be entitled to individualized notice of the application were not sent notice,” and, “Staff and the applicant erred because they disregarded an otherwise applicable process for a seemingly irreconcilable process that resulted in inadequate notice. Moreover, Staff’s interpretation of the IDO contravenes New Mexico law.” “Staff and the applicant erred and as stated above, a remand is the only cure to this due process violation.”

The SBMTNA’s appeal against Dawn Legacy Pointe’s ‘Safe Outdoor Space’ (SOS) application focused on several issues, not the least of which highlight the lack of transparency and due process extended to the public and the impacted communities. The appeal contended that by failing to follow established policies required for the approval of applications relating to ‘special’ or ‘conditional’ use zoning the City and the applicant ultimately acted in bad faith by “unilaterally” reviewing and approving Dawn Legacy Pointe’s application” behind closed doors” without notice to the public and without the required opportunity for public input. The appeal also claimed the City extended “preferential treatment” and gave “insider information” to Brad Day and Dawn Legacy Pointe while not affording the same to other SOS applicants.

The New Mexico Sun previously reported that days after the city of Albuquerque began accepting applications for safe outdoor spaces, the newly formed Dawn Legacy Pointe proposed an encampment at 1250 Menaul NE, a parcel just west of Interstate 25 within the Martineztown neighborhood. Following the news of the proposed encampment, the SBMTNA sent a letter to Family and Community Services Director Carol Pierce expressing outrage as the proposal was not discussed with them.

“The Santa Barbara Martineztown Neighborhood Association (SBMTNA) was informed that you attended a westside neighborhood meeting and informed them about providing homeless outdoor spaces in or near their area and the Martineztown Santa Barbara boundaries at 1250 Menaul NE,” the letter read. “This location is at the corner of Menaul NE and the Frontage Road. This news was disturbing because your office has never approached us to discuss this proposal.”

Albuquerque commercial real estate developer, Brad Day, has taken a special interest in pushing the ‘save outdoor space’ homeless encampment scheme for months. Despite not being listed on any of the corporate documents of Dawn Legacy Pointe or Street Safe New Mexico (the non-profit listed as fiscally sponsoring DLP), Day’s name appears several times on the 1250 Menaul ‘safe outdoor space’ application.

According to the City Planning Department’s instructions for a ‘special’ or ‘conditional’ use (like SOS) as well as other SOS applications received, applicants are required to notify neighborhood stakeholders of their application to allow for public notice and hearings. However, Lopez and the members of the SBMTNA never received any notification from Dawn Legacy Pointe or Safe Streets New Mexico regarding their pending application to place a homeless encampment in their neighborhood.

New Mexico Sun previously reported that following an Aug. 11 meeting between local Santa Barbra Martineztown leaders and city officials which included commercial real estate developer and ‘safe outdoor space’ advocate Brad Day, where Day and officials informed the group that the Dawn Legacy Pointe encampment application had already been approved, SBMTNA President Loretta Naranjo Lopez told the New Mexico Sun that it “seems like the city has known what they were going to do here for a while.” 

“The city also knows the impact of homeless encampments next to neighborhoods and to not involve us from the beginning is incredibly discouraging,” Lopez continued. “Failing to have us at the table, especially when they know how dangerous these encampments are, shows a complete lack of regard for the welfare and safety of our community. They can call it ‘safe’ all they want, but we’re not safe and experience has shown us that.”

Because the violations of notice and due process were so “substantial and meaningful” the LUHO did not make any rulings beyond those focused on the failure to follow appropriate notice processes – leaving the door open for those issues to be considered in future hearings should the application proceed following its remand. Saying in the ruling that, “[b]ecause a remand is appropriate, proposed findings regarding the other appealable issues are not deliberated here.”

The link to the full article is here:

https://newmexicosun.com/stories/633374263-abq-hearing-officer-remands-dawn-legacy-pointe-sos-application-finding-substantial-and-meaningful-violations-of-due-process

SUMMARY OF ISSUES

The hearing officers remand decision is 16 pages long and highly technical in nature containing and citing provisions of the Integrated Development Ordinance under which the Dawn Legacy Point application was approved by the City Planning department. The hearing officer pointed out that all the appeal arguments were substantially similar and had to do with an administrative  decision from City Planning Staff for a proposed temporary Safe Outdoor Space (SOS) use  application submitted by Dawn Legacy Pointe.

The only issue addressed in the remand order disposition was the issue presented  regarding the lack of notices to abutting property owners.  Notwithstanding, the  hearing officer’s  “fact findings” supporting his decision to  remand and his summary of issues argued by the appellants merit review.

FACTS SUPPORTING REMAND

Land Use Hearing Officer Chavez made the following “findings of fact”:

“The record and the disposition of remand is supported by the following facts in the record:

 1.  In the most recent amendment of the IDO, effective July 28, 2022, the SOS use became a lawful temporary use which also included regulatory permitting provisions for their  approval in the IDO

 2.  Dawn Legacy Pointe is a new incorporated non-profit entity, incorporated to provide safe outdoor space services to homeless persons in the City of Albuquerque.

 3.  Even though Planning Staff testified that an “application” was submitted by Dawn 31 Legacy Pointe to the City Planning Department on July 30, 2022, there is not an application in the record from Dawn Legacy Pointe or from their representative(s) for a SOS temporary use at any location.

 4.  To satisfy the requirement of sending notice of the application to abutting property owners under the IDO, in the record there are two “Property Owner Notice Forms” for the proposed temporary use, notifying the Sunset Memorial Park landowner to the West of the proposed SOS use, and notifying the City of Albuquerque as the lot owner of an unidentified lot.

 5.The record also includes three AGIS City Zoning maps depicting the proposed lot

 6.  Presumably to support an application, there are documents in the record which were submitted by the applicants, including a site plan and other relevant exhibits, but there is not an application in the record. The only indication demonstrating that the City Planning Staff approved the “application” is exhibited in a computer file print-out sheet. The print-out sheet  indicates a review date of August 10, 2022, and a review status of “approved.”

 7.  The record shows that the following documents were submitted to the Planning Department by Dawn Legacy Pointe:

A.  A single page proposed site plan for the .79.-acre proposed SOS site

B. A two-page document labeled “Safe Outdoor Spaces Operation/Security 49 Plan.”

C.  A one-page document labeled “Safe Outdoor Space Registration Form.”

D.  A one-page document labeled “Intake Report Tracking” apparently copied 53 from the Mesilla Valley, Community of Hope—a non-profit entity designed  to provide a wide array of homeless services in the Las Cruces area.

E.  A four-page document apparently copied from Camp Hope labeled “Camp 56 Hope Agreements” with an attached waiver of liability form for homeless.

F.  A single-page letter dated July 31, 2022, from Mathew Whelan, the City  Director of the Solid Waste Management Department, advising Dawn  Legacy Pointe that pending approval of the temporary use application, the  City granted permission for use of one-acre of the site at 1250 Menaul Boulevard NE for 6-months, presumably for the proposed SOS use.

8. The proposed site is zoned NR-LM (Non-residential, light-manufacturing) under the IDO.

 9. The proposed site is owned by the City of Albuquerque. Apparently, the City intends to enter into a lease and a solid waste management agreement with Dawn Legacy 67 Pointe soon.

 10.  The first appeal … was filed by the Santa Barbara Martineztown  Neighborhood Association (SBMNA) on August 12, 2022. The next three appeals …  filed by 9. Crown Plaza Albuquerque, the Greater Albuquerque Hotel  and Lodging Association, and Beth Brownell and Scott Cunningham, respectively, were filed  with the City on August 19, 2022. Two more appeals …  were filed on  August 23, 2022, by LifeRoots, Inc. and by Menaul School, respectively. The last appeal … was filed on August 25, 2022, by Robert D. Reule.  All the appeals are timely filed.”

SUMMARY OF ISSUES ARGUED BY THE APPELLANTS

Land Use Hearing Officer Chavez summarized the appellants arguments as follows:

 “1. Appellants contend that City Staff reviewed the Dawn Legacy Pointe application in an abnormal, expedited manner and, as a result, failed to scrutinize the application; gave preferential treatment to the applicants; and failed to properly notify all the abutting  property owners and the SBMNA of the application and its review by City Staff. 

 2. The appellants contend that the operating and security plans approved by City Staff for the SOS use are inadequate; that the applicants have insufficient resources to operate a SOS temporary use; and that these deficiencies will result in the use becoming a public nuisance and/or it will adversely impact/affect the SBMNA membership and their neighborhoods, the business uses, and the Menaul School on Menaul Boulevard near  the site.”

 REMAND INSTRUCTION

Land Use Hearing Officer Chavez issued the following remand instructions:

“To correct the due process violation regarding lack of notice, Planning Staff and the applicants must assure that individual notice is sent to:

All owners, as listed in the records of the Bernalillo County Assessor, of property located partially or completely within 100 feet  in any direction of the subject property. Where the edge of that 100-foot buffer area falls within any public right-of-way, adjacent properties shall be included.

Before any administrative decision can be made on Dawn Legacy Pointe’s application, this is the minimal notice required [under the IDO] …   The applicant [Dawn Legacy]  must also show proof of sending the notices.  

Anyone who satisfies the standing criteria of the IDO for appeals can appeal the subsequent administrative decision within the time specified in the IDO for such appeals. 

Specifically, for the appeal issues that were not considered herein, an appellant must file a new appeal within the time required after the remand runs its course, but after Staff have made a  subsequent administrative decision on the application.”

COMMENTARY AND ANALYSIS

It is very disappointing, but not at all surprising, that the Land Use Hearing Officer remanded the cases back to the Planning Department and ordered that it give proper notice to all  the surrounding property owners.  It was a course of least resistance to play it safe with the Keller Administration which is aggressively pushing  the SOS to be approved.

The hearing officer should have granted all 7 appeals and denied the SOS application and set  aside the Planning Department’s award of the SOS  which would have forced Dawn Legacy to either accept the denial of the applications or to appeal directly to the City Council.  It’s likely the City Planning will now just find a way to grant the application and the appellants will again be forced to appeal to a hearing officer and no matter the outcome of that appeal, the 7 appellants or Dawn Legacy,  will appeal a  second decision of the hearing officer to the City Council.  It is the City Council  who has the ultimate and final say on all land use issues and this entire mess of the Dawn Legacy application will eventually have to be decided by the City Council.

The downside is that Dawn Legacy will no doubt try to correct the defects in its original application giving it a second bite at the apple unless of course it decides to withdraw the application.  The upside of the remand is that Dawn Legacy’s plans were  to  open the encampment in October.   Now Dawn Legacy must  place it on hold until they and the city  get their act together, which is still a big if given the sure incompetence exhibited with the first application.

Mayor Tim Keller and his administration should be absolutely ashamed about what occurred with application and its treatment of surrounding property owners trampling on their rights and who were forced to appeal to protect their rights.  There is no getting around it. What the Planning Department did in rushing the application process simply did not pass the smell test. What also did not pass the smell test is when the city gave Dawn Legacy preferential treatment and identifying city property for them to use.

Even if Dawn Legacy manages to correct it application, what will still remain is that the Safe Outdoor Space Use will have an adverse impact on the area and will result in the SOS property becoming a public nuisance.  It  will also adversely impact  the South Broadway Martinez town Neighborhood Association and its membership the businesses in the area, and the Menaul School.

The Dawn Legacy Point homeless encampment is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims”.   What is being created at 1205 Menaul, NE is a location for victims to become victims once again. There is no common sense to it at all  and it is indeed just plain crazy.  Mayor Tim Keller holds himself out as a progressive and has made housing of the homeless a top priority, yet ostensibly he has no problem with a Safe Outdoor Space to be use for victims of sex-trafficking. Shame on Tim Keller.

The actual location is troubling and has the potential of becoming a magnet for crime, prostitution or illicit drug trade. It’s located near a truck stop known amongst law enforcement for prostitution and illicit drug activity.  It’s directly across the street from a major call center, a motel suite and is walking distance of Menaul Boarding School and apartments. Occupants of the ‘Safe Outdoor Space’ will not confined and would be free to go and come as they pleased and could easily wind up uninvited wherever they want to go. This includes the truck stop and disrupting the peaceful use and enjoyment at nearby locations or engaging in illicit activity.

Another upside to the hearing officer remanding the case is that Dawn Legacy could simply withdraw the application for the safe outdoor space, which would be the right thing to do and it is a real possibility.

Confidential sources are saying that Dawn Legacy have been offered the use of a building to house the proposed victims of sex trafficking. Woman who are victims of sex trafficking need permanent housing that is a safe place to live and be provided with far more stable housing than a tent in an open space lot area owned by the city.  Forcing victims of sex trafficking to live in tents is nothing more than victimizing them again.

NEWS UPDATE

On October 20, it was reported that Dawn Legacy has added  18 more property owners to the list of those who must be given notice of its application and that the organization sent the letters out on Tuesday, October 18.  Brad Day, a volunteer consultant for Dawn Legacy Pointe, said that once the application is approved again, the organization remains ready to “very quickly” launch the safe outdoor space once it gets the go-ahead.  Day said this:

“We’re all set – we’ve got our insurance, we’ve got the fencing contractor lined up, we’ve got the tents and all the other materials that we need.  We’re ready to go.”

Santa Barbara Martineztown Neighborhood Association President Loretta Naranjo Lopez said the association maintains that any city approval would be “detrimental and discriminatory” to the area and said this:

“We don’t want them there, period!  We’re going to fight it all the way. We’re going to do everything possible to make sure they don’t stay there.”

The link to the quoted news source is here:

https://www.abqjournal.com/2541779/ruling-neighbors-not-properly-notified-of-safe-outdoor-space-ex-con.html

POSTSCRIPT

For those who may be unfamiliar, a review of the land use appeal process is in order.

A review of an appeal of a planning department land use decision,  such is the Dawn Legacy Point Application for a  Safe Out Door Spaces,  is  called  a “whole record review”  to determine whether the administrative  decision approving the application was fraudulent, arbitrary, or capricious; or whether the  decision is not supported by the evidence in the record; or if in approving the proposed use  there was error in applying the requirements of the Integrated Development Ordinance (IDO), a plan, policy, or regulation.  At the appeal level of review, the administrative decision and record must be supported by substantial evidence to be upheld.

The Land Use Hearing Officer (LUHO)  may propose to the City Council  that the Council affirm, reverse, or otherwise modify the lower decision to bring it into compliance with the standards and criteria of this IDO. The City Council also delegated  authority to the LUHO to remand appeals independently and directly for reconsideration or for  further review if a remand is necessary to clarify or supplement the record or if a remand will  expeditiously dispose of the matter.

In administrative appeals, the appellants must first demonstrate that they each have  “standing”  to pursue the appeals.  Standing is a jurisdictional, fact-based question under the IDO that must be determined before the merits of  any appeal is resolved.  Standing limits participation in appeals because if an appellant cannot sufficiently demonstrate standing, the LUHO is obligated to recommend a disposition that the appeal be denied.  Under the IDO, an appellant must have a sufficient connection as an aggrieved party to have standing.

For purposes of the Dawn Legacy appeals, there were two alternative means for the appellant to demonstrate that they had standing to proceed with their appeals under the IDO:

First:   An appellant had to demonstrate that they are property owners within 100-feet of the proposed SOS site, or that they are representatives of neighborhood associations whose boundaries include the proposed  site or whose boundaries are within 100-feet of the site .  This 100-foot proximity requirement expressly applies to temporary uses in the IDO … .

Second:  An alternative pathway for standing  was to  demonstrating that the “property rights or other legal rights” of the appellant had  “been  specially and adversely affected by the decision” of the Planning Department in granting the application .

Below is my guest column published by the Albuquerque Journal on Octobern18:

HEADLINE: Safe outdoor spaces not the answer to homeless crisis

BY PETE DINELLI / FORMER ALBUQUERQUE CITY COUNCILOR AND CHIEF PUBLIC SAFETY OFFICER

PUBLISHED: TUESDAY, OCTOBER 18TH, 2022 AT 12:02AM

For five years, Mayor Tim Keller has made the city’s homeless crisis a major priority and now proclaims an “all-the-above approach.” It’s an approach that is costing millions and it is failing. Keller has done the following:

• Over two years, budgeted $33,854,536 for homeless emergency shelters, support, mental health and substance abuse programs and $60,790,321 for affordable housing programs for the low-income, near homeless.
• Established two 24/7 homeless shelters, including purchasing the Gibson Medical Center for $15 million to convert it into a homeless shelter.
• Established a “no arrest” policy for violations of the city’s camping, trespassing and vagrancy laws with an emphasis on citations.
• For five years, allowed Coronado Park to become a “de facto” city-sanctioned homeless encampment, which he was forced to close down because of drugs and violent crimes.
• Advocated and funded city-sanctioned safe outdoor space (SOS) homeless tent encampments. The Environmental Planning Commission is recommending the City Council repeal this land use.

SOS encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow SOS despite strong opposition. SOS tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that SOS homeless tent encampments will become crime-infested nuisances; such was the case with Coronado Park. The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

The 2022 “Point In Time” homeless survey reported the number of homeless in the city is 1,311 with 940 in emergency shelters, 197 unsheltered and 174 in transitional housing. The survey found there are 256 fewer homeless in 2022 than in 2021. During the last 12 years, PIT yearly surveys have counted 1,300 to 2,000 homeless a year. The PIT survey statistics have never supported city or charitable provider claims the city has upwards of 5,000 homeless. When PIT survey results are released, the city and providers quickly dismiss them as an “undercount,” likely because fewer homeless means less funding for the Family Community Services Department.

The homeless have reached crisis proportions with them becoming far more visible and aggressive by illegally camping in parks, on streets, in alleyways and in city open space whenever they want. When it comes to the “homeless crimes” of loitering, panhandling, illegal camping and criminal trespassing, Mayor Keller implemented a “no arrest” policy where arrests are the last resort and citations are to be issued. APD is allowed to make arrests only when circumstances endangering public safety warrant an arrest. This policy is ill-advised.

Being homeless is not a crime. The city has a moral obligation to help the homeless, mentally ill and drug addicted and is doing so with millions spent each year. Homeless squatters who have no interest in city shelters, beds, motel vouchers and who want to live on the streets and camp in city parks, in alleys and trespass as they choose give the city no choice but to make it inconvenient for them to “squat” and force them to move on or be arrested by the Albuquerque Police Department.

https://www.abqjournal.com/2541179/safe-outdoor-spaces-not-the-answer-to-homeless-crisis.html

On October 7, APD Chief Harold Medina  announced at a news conference new incentive pay  bonuses for   police officers who have been on the force 19 years or more,  and who are eligible for retirement. They  will  be paid as  much as $18,000 more per year, or $1,500 more a month.   In addition, the department will pick up 100% of the officers’ medical benefits.

The additional $18,000 more a year in incentive pay for 19  year  veterans will be paid in addition to the $16,380 annual longevity pay already being paid to police officers with 18 years or more of police service. According to APD Chief Medina  the incentive pay is  necessary to stop the number of officers resigning or retiring which cannot be offset by the number of new recruits entering the department.

APD  has  also extended existing hiring bonuses for incoming police officers through January 6, 2023.  Those include $10,000 extra for police cadets, $15,000 for lateral officers, and $1,500 for police service aides.   City employees can also be paid a bonus  if they recruit new officers. The city is paying a “finders fee” of $2,500 to people who bring a police cadet on board, $2,500 for those who find a successful lateral hire, and $1,000 for employees who help bring on a public service aide.

It was on February 4 that that the Mayor Tim Keller administration announced that it has negotiated a new union contract with the Albuquerque police union that raised APD sworn officer pay after one year of probation to over $68,000 per year.   The new 2-year contract raised police pay across all ranks by 8% and increased “longevity pay” by 5%.  Under the new police contract announced in February, APD’s wages are well above cities and law enforcement agencies of comparable size including Tucson, Arizona at $54,517, and El Paso, Texas at $47,011. The new APD contract keeps APD starting wages slightly higher than the New Mexico State Police.

RATIONAL GIVEN FOR ADDTIONAL INCENTIVE PAY

According to APD Chief Medina the incentive pay is necessary to stop the number of officers resigning or retiring which cannot be offset by the number of new recruits entering the department.  Under the state’s Public Employees Retirement Association (PERA), the retirement program for law enforcement is one of the best in the country.   Police officers can retire after 20 years earning as much as 75% of their average high 3 wage years pay and with 25 years, 90%.   APD is having a very difficult time keeping police officers past 20 years of service, with most just retiring and starting new careers or going to work for another law enforcement agency. The goal of the latest incentive is  to keep employing the more experienced APD officers.

APD also has extended existing hiring bonuses for incoming police officers through January 6, 2023. Those include $10,000 extra for police cadets, $15,000 for lateral officers, and $1,500 for police service aides. City employees can also earn extra money if they recruit new officers. The city is paying a “finder’s fee” of $2,500 to people who bring a police cadet on board.  $2,500 is also paid to those who find a successful lateral hire, and $1,000 for employees who help bring on a public service aide.

According to APD officials, the department has seen fewer resignations and fewer terminations in 2022.  Last year 97 officers retired from the department. Through September 2022, 45 APD officers have resigned in 2022 compared with 58 in 2021. There have been 44 retirements through Oct. 3, 2022, compared with 91 in 2021. With respect to terminations, APD has fired 5 people this year, as opposed to 8 in 2021.

When Mayor Tim Keller first ran for office in 2017, he campaigned on the promise that he would increase the number of APD sworn officers from the then 850 to 1,200.  During the last 5 years Keller has been in office, the number of sworn officers has never exceeded 1,000 and has now dropped to the current 857.

During the October 6, 2022 press conference, Medina said the goal of 1,200 sworn police remains the same but “given the current environment” of recruitment, the focus now is providing comprehensive services with the current roster of 857 officers, as well as boosting the number of people enrolled in the Public Service Aide program and the number of professional staff who support the officers in the field.

APD Chief Harold Medina had this to say about the reasons for the new incentive pay:

“I know when the Mayor took office, we talked about our goal is 1,200 officers. We still would love to get to 1,200 officers, but I’m here today to say that it’s going to be very difficult. … We’re going to do our very best to get to 1,200 officers, and that is our goal, but the reality of it is, in this environment, we may not. And we’re going to take ownership if we don’t, but we’re not just going to talk about we can’t do this, we’re talking about how we’re going to get the job done still. …

We know that officers have a value beyond their 20 years [and] they want to work  … We’re trying to find ways to incentivize [them to continue working.]  … We’ve had members here with our recruiting team that said [the new benefits] made a different for them, and they’ve decided to stay on the department past 20 years because they see the financial benefit. … It seemed to make a difference the first month, and at the end of the year, we’ll be gauging, we’ll be releasing to the community whether we saw a reduction.”

APD is giving officers who have resign a window of 90 days in which they can ask to be reinstated to their original positions.

INCREASE IN RECRUITING SEEN

Chief Medina said during the October 8 news conference that APD has seen an increase in recruiting since it announced it increased its compliance with the court-mandated settlement agreement with the Department of Justice.  Medina said he worked with the DOJ to change policies and processes so as to see a reduction of discipline handed out to officers.

Medina said this:

“You know, departments under a consent decree are not easy places to work for, and I personally try to recruit laterals from surrounding agencies on a consistent basis. … The No. 1 thing that deters them is the fear of our settlement agreement, and we have been working to reduce those fears. …Bottom of FormWe remain committed to reform and trying to find the most sustainable way to move forward and fight crime at the same time.”

WHERE THE MONEY IS COMING FROM

The APD announced $18,000 to be paid to 19-year veterans on the force comes as the state pours millions of dollars into a law enforcement recruitment fund, of which some of that funding is going to APD.  In early September, New Mexico announced it would award $8.75 million to the Albuquerque Police Department for recruitment efforts. According to the Governor’s Office, the money was expected to fund upwards 67 new officers at APD.  Money for the program comes from a bill passed by New Mexico lawmakers during the 2022 regular session. Earlier the Governor’s Office said roughly $8.5 million remains available in the state fund. Law enforcement agencies who want the money need to apply.

It was on September 9 Governor Michelle Lujan Grisham announced how much money each participating law enforcement agency would receive to boost their staff. The Albuquerque and Las Cruces Police Departments received the largest share of the funds. Those departments each got $8.75 million, enough for about 67 new officers per department.  Lujan Grisham had this to say:

Links to quoted news sources are here:

https://www.krqe.com/news/crime/albuquerque-police-to-unveil-new-plan-to-keep-police-officers-on-the-job/

https://www.abqjournal.com/2538540/apd-retention-plan-offers-18000-a-year-incentive.html

APD BUDGET AND STAFFING

The Albuquerque Police Department (APD) is the largest city budget out of 27 departments. The fiscal year 2023 approved General Fund budget is $255.4 million, which represents an increase of 14.7% or $32.8 million above the fiscal year 2022 level. The approved General Fund civilian count is 665 and the sworn police count is 1,100 for a total of 1,765 full-time positions.

APD’s general fund budget of $255.4 provides funding for 1,100 full time sworn police officers, with the department fully funded for 1,100 sworn police for the past 3 years. However, as of October 7, there are  857 sworn officers in APD. The APD budget provides funding for 1,100 in order to accommodate growth. During APD’s budget review hearing, APD Chief Medina acknowledged that the department will likely not meet that staffing level and the personnel funds will help cover other operating costs.

The APD’s budget was increased to accommodate for an immediate 8% in police pay and another 5% in police pay to begin in July because of the new police union contract. The APD budget provides for a net total increase of $1.2 million in overtime pay to accommodate the police union contract hourly rate increase that went into effect on January 1, 2022.

During the October 7, 2022 news conference, it was reported that APD has 857 sworn officers.  This is down from the 917 sworn police number reported on December 6, 2021 to the Federal Court overseeing the consent decree.

As of October 2022, APD has 514 civilian professional staff, 40 public safety aides, 73   911 operators, 23 dispatchers, 41 retired officers that have returned to the department with more than 50 retired officers on contract work for the department.  The latest APD cadet class has 26 people in training to become police officers. The upcoming next cadet class is likely to see between 50 to 60 people.

CHIEF HIGH COMMAND TRIPLES IN 4 YEARS UNDER KELLER

During the last 4 years, the APD high command that works directly out of the Chief’s Office went from 3 to 10 full time sworn staff. Those positions are Chief, Superintendent Of Police Reform, Deputy Superintendent of Police Reform, 6 Deputy Chiefs, 1 Chief of Staff. Although APD abolished the ranking of Major that existed 4 years ago, which there were only 4, it has created the new position of “Deputy Commanders” which there are 16. The 16 “Deputy Commander” positions create 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, perhaps as the commander’s drivers and escorts around town.

The hourly pay rate for APD Lieutenants is $45.36 an hour starting July 1, 2022 or $94,348.60.  Commanders and Deputy Commanders are at will employees paid upwards of $98,000 a year in base salary and with overtime they can easily earn well over $100,000 a year and as much as $120,000 as evidenced by those listed in the top 250 wage earners for the city.

Eight of 10 APD Chief executive command staff are listed in the top 250 city wage earners.  At least 6 of those in the executive command staff have at least 20 years or more service with APD.  8 of the positions are considered “at will employees” and serve at the pleasure of Mayor Keller and are not paid overtime. All 8 are reported to have a received a pay increase upwards of 8% beginning January 1, 2022.

Following are the 8 with pay listed for the full 2021 calendar year:

Medina, Harold, Police Chief Of Police, $177,562.68
Smathers, Michael Jay, 1st Deputy Chief, $149,881.56
Garcia, Eric, 2nd Deputy Chief, $147,444.20
Barker, Cecily, Deputy Chief, $147,201.70
Griego, Jon J , Deputy Chief $144,228.47
Brown, Joshua Deputy Chief, $134,608.38
Lowe, Cori Deputy Chief, $128,409.85
Stanley, Sylvester, Superintendent of Police Reform/DCAO , $123,219.28 (8 months with city and retired and the end of 2021)

 APD RETIREMENT PLANS UNDER PERA

APD has one of the most lucrative retirements programs in the country under the Public Employee Retirement Association (PERA) plan for municipal police where both city and employee pay into the retirement program. Yearly retirement pay is determined with a formula of age, years of service, and averaging the salaries high 3 years. A percentage of yearly pay is given for each year of service with an age requirement to collect the pension.   A sworn police officer with 20 years of service can retire at any age and be paid  75% of their average “high 3 years” of pay.  A sworn police officer with 25 years of service can retire  at any age and be paid  95% of their average “high 3 years of pay.” 

https://www.nmpera.org/for-members/retirement-eligibility/

 NEW POLICE  UNION CONTRACT INCENTIVE PAY REVISTED

 On February 4, it was reported that that the  Mayor Tim Keller’s administration negotiated a new union contract with the Albuquerque police union that raised starting APD sworn officer pay to over $68,000 per year.  The new 2-year contract raised police pay by 8% and  increased “longevity pay” by 5%.  The new contract also  created  a whole new category of “incentive pay”.

https://www.abqjournal.com/2467440/city-reaches-new-deal-with-police-union.html

Under the new contract, APD’s starting wage is well above cities and law enforcement agencies of comparable size including Tucson, Arizona, $54,517, and El Paso, Texas, $47,011. The new APD contract keeps APD starting wages slightly higher than the New Mexico State Police. The 48-page APOA police “Collective Bargaining Agreement” (CBA) is for 1 year and 6 months period. It is effective January 1, 2022 through June 30, 2023.

The new CBA can be downloaded as a PDF file at this link:

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

Under the new contract terms, longevity pay increases by 5% starting on July 1, the beginning of the new fiscal year starting at $2,730 per year with those who have 5 years of service and with incremental service years up to 17 years or more who will be paid $16,380.

NEW HOURLY WAGE RATES

First year probationary officers 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. As it stands, there is no minimum commitment of years for a cadet to work for the city after graduation, meaning they could move on to another law enforcement agency their first year of employment with the city if they want.

“Rank and File” police officers are generally recognized as sworn police officers under the rank of sergeant. Under the union contract sergeant and lieutenants are allowed to join the police union. “RANK AND FILE” HOURLY PAY.

The normal workweek under the contract is defined as 40 hours comprised of either 5 eight hour or 4 ten-hour days. (Page 19 of contract)

Page 6 of the new collective bargaining agreement (CBA) outlines the new hourly wages negotiated for both rank-and-file officers and sergeants and lieutenants.

CLASSIFICATIONS

Under the union contract, the classification of Police Officer 1C is an officer in the bargaining unit who has completed probation up through 4 years of service as an APD Sworn Officer.

The classification of Senior Police Officer 1C is an officer in the bargaining unit with 5 through 14 years of service as an APD Sworn Officer.

The classification of Master Police Officer 1C is an officer in the bargaining unit with 15 or more years of service as an APD Sworn Officer.

The definition of serve and service is “actual time worked”.

2 TO 4 YEAR SERVICE PAY WENT  FROM $60,320 TO $68,411.20 A YEAR

Hourly pay for a Police Officer 1/C (first class) after completing one year of probation and then up through 4 years with the department under the new contract went from $29 and hour or $60,320 yearly to to $32.89 and hour or $68,411.20 a year starting July 1, 2022 until the expiration of the union contract on June 30, 2023.

5 To 14 YEAR SERVICE PAY WENT  FROM $62,400 TO $70,761 A YEAR

Hourly pay for a Senior Police Officer 1/c (first class) with 5 to 14 years of service goes under the new contract went  from $30 an hour or $62,400 a year  to $34.02 an hour or $70,761.60 a year starting July 1, 2022 until the expiration of the union contract on June 30, 2023.

15 OR MORE YEARS SERVICE PAY WENT  FROM $65,520 TO $74, 297 A YEAR

Hourly pay for a Master Police Officer 1/c (first class) with 15 years and above of service went from $31.50 an hour or $65,520 a year to $35.72 an hour or $74,297 a year starting July 1, 2022  until the expiration of the union contract on June 30, 2023.

SARGEANT PAY WENT  FROM $72,800 TO $82,533 A YEAR

Hourly pay for APD Sergeants under the new contract went from $35 an hour or $72,800 a year to $39.69 an hour or $82,555.20 a year starting July 1, 2022 until the expiration of the union contract on June 30, 2023.

LIEUTENANT PAY WENT  FROM $83,200 TO $94,348 A YEAR

Hourly pay for Lieutenants under the new contract went from $40 an hour or $83,200 a year to $45.36 an hour starting July 1, 2022, $94,348.60 a year until the expiration of the contract on June 30, 2023.

LONGEVITY PAY INCREASES

APD sworn police officers are paid “longevity pay” in addition to their yearly pay. On page 9 of the new police union contract, longevity “years” is defined as the completed years of service identified by the City and documented by an officer that an officer has served as a sworn public safety officer in any United States jurisdiction in good standing, excluding military police, and for time with APD shall be complete year(s) from the date an officer achieves P2C status or if a higher rank as a lateral. Special circumstances under the contract does create exceptions to this rule. The definition of serve and service is “actual time worked”.

EDITOR’S NOTE: Under the union contract, lateral transfers from other departments are given credit for their years of service to the other department and are paid the longevity pay as if they had worked for APD. APD also pays lateral transfers “sign on” bonuses of $15,000 in an effort to attract experienced police officers.

APS sworn qualify for longevity pay in their fifth year of service. Under the new contract terms, longevity pay starts at $2,730 per year and increases topping of at $16,380 annually for those who have served 17 or more years.

CATEGORIES OF LONGEVITY PAY

The negotiated longevity pay under the new union contract deals with the overlap of 3 fiscal years. A fiscal year begins on July 1 of any given year and ends on June 30 of the following year. The longevity pay rates can be found on page 8 and 9 of the new union contract.

For fiscal year 2022 – 2023 that began on July 1 the  longevity pay scale bi-weekly annual amounts are as follows:

Beginning Year 5 through 5, $105 paid bi weekly, $2,730 annually
Beginning Year 6 through 6, $131 paid bi weekly, $3,406 annually
Beginning Year 7 through 9, $236 paid bi weekly, $6,136 annually
Beginning Year 10 through 12, $315 paid bi weekly, $8,190 annually
Beginning Year 13 through 15, $368 paid bi weekly, $9,568 annually
Beginning Year 16 through 17, $473 paid bi weekly, $12,298 annually
Beginning Year 18 and above, $630 paid bi weekly, $16,380 annually

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

LIST OF 250 TOP CITY HALL WAGE EARNERS

Under the union contract, sworn police are entitled to overtime compensation at the rate of time-and-one-half of their regular straight-time rate when they perform work in excess of forty (40) hours in any one workweek. Time worked over 40 hours per week is compensated at time and a half of the officer’s regular rate of pay, or in the form of “compensatory time.” There is no contract provision placing a cap on the amount of overtime any officer can be paid. Compensatory time is the award of hours as already worked to be paid and is calculated at the rate of 1-1/2 times the hours actually worked. The maximum accrual of comp time for any officer is 150 hours.

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.

Review of the 2019, 2020 and 2021  top paid 250 highest paid wage earnings employed by the city reveals 160 of 250 top paid city hall employees were APD  sworn  police who were paid between $107,885.47 to $199,666.40.

For the calendar year of 2021, 126 of the top 250 city hall wage earners were APD sworn police officers ranging from the rank of patrol officer 1st class to the rank of Lieutenant. 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.

In 2020, there were 69 patrol officers paid between $110,680 to $176,709. There were 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.

The City of Albuquerque updated the list for the year 2021. According to the list of the top 250 city hall wage earners, they were paid between $119,356.16 to $211,144.75.   146 of those 250 listed positions are  assigned to APD.

The lopsided number of APD sworn police officers listed in the top 250 paid city hall employees is directly attributed to the excessive amount of overtime paid to sworn police officers.

https://publicreports.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FTop%20Earners%20of%20the%20City%20of%20Albuquerque%20List&id=i5AAD1EA752BA417099BA819E482F6642&objRef=i5AAD1EA752BA417099BA819E482F6642&action=run&format=HTML&cmPropStr=%7B”id”%3A”i5AAD1EA752BA417099BA819E482F6642″%2C”type”%3A”report”%2C”defaultName”%3A”Top%20Earners%20of%20the%20City%20of%20Albuquerque%20List”%2C”permissions”%3A%5B”execute”%2C”traverse”%5D%7D

COURT APPROVED SETTLEMENT AGREEMENT

On April 10, 2014, the Civil Rights Division of the United States Department of Justice (DOJ), issued its report of the 18-month civil rights investigation of the Albuquerque Police Department (APD). The DOJ reviewed excessive use of force and deadly force cases and found that APD engaged in a “pattern and practice” of unconstitutional “use of force” and “deadly force” and found a “culture of aggression” within APD. On November 27, 2014, the City and the Department of Justice entered into the Court Approved Settlement Agreement (CASA) mandating 276 reforms. APD is one of 18 municipalities in the United States under a Federal Court consent decree for excessive use of force and deadly force. The link to the CASA is here:

https://www.cabq.gov/mental-health-response-advisory-committee/documents/court-approved-settlement-agreement-final.pdf

Within months after being sworn in on January 1, 2018, Mayor Tim Keller affirmed his commitment to implement all the DOJ mandated reforms agreed to under the CASA. Mayor Keller began implementing an $88 million-dollar APD police expansion program over a four-year period over increasing the number of sworn police officers from 898 positions filled to 1,200, or by 302 sworn police officers. The massive investment was ordered by Mayor Tim Keller to full fill his 2017 campaign promise to complete all the CASA reforms, increase the size of APD and return to community-based policing as a means to reduce the city’s high crime rates.

COMMENTARY AND ANAYSIS

APD Chief Harold Medina diverting legislative funding APD applied for and which was specifically allocated by the New Mexico legislature for “recruitment” and hiring of 67  APD Cops and then turning around and using it to pay APD 19 years of service veterans and additional $18,000 in incentive pay is so very wrong on so many levels.  It does not pass the smell test and it is akin to a “bait and switch” scam tactic by APD.  Medina did not disclose if he will benefit himself financially.

In all likely, Chief Medina has abused his authority or discretion by violating the spirit and intent of the state funding allocation.  APD had to apply for the funding and in doing so likely made the representation it would be used for “recruitment and hiring” with no mention that it would be used to pay incentive bonuses.  Incentive bonuses of $18,000 paid to 19-year APD veterans are not “recruitment and hiring”.

OBSCENE TOTAL

In February when the new 2-year APD contract was announced, the 8% pay raise and  the increased “longevity pay” of 5% was justified by saying APD needed to be more competitive to attract and retain new sworn police officers.   All other city employees received meager pay raises of 2.5% under the enacted 2022-2023 city budget.

It is difficult to understand and to justify paying 20-year law enforcement veterans an additional $18,000 more a year plus paying 100% of the officers’ medical benefits when those officers are also being paid $16,380 annually in longevity pay on top pf 8% pay raises resulting in a whopping $34,380 of incentive pay in one year

WHO WILL BENEFIT NOT DISCLOSED

APD Chief Harold Medina and all of his deputies are listed in the 250 top paid city hall employees and are paid between $128,409.85 to $177,562.68 a year.  Medina did not disclose if he and his high command will be paid the $18,000 in additional incentive pay.  Medina has retired before from APD and has upwards of 30 years of service years.  At least 4 of the Deputy Chiefs also are eligible to retire with over 20 years of service or more and Medina did not disclose if they will be given the additional $18,000.

APD Chief Harold Medina did not disclose exactly how many APD police officers who have 19 years of experience will actually qualify for the additional $18,000 in incentive pay.  Paying so much more to 20-year veterans is an attempt to keep employing an older generation of officer when what the city and APD really needs is a new, younger generation of police officer do the work and who have their entire law enforcement career ahead of them.

Since 2014,  APD has been under a Federal Court Order after the Department of Justice found APD had engaged in excessive use of force and deadly force and finding a culture of aggression within APD.   The 2013 DOJ investigation essentially found it was “experienced police officers”, which would include APD management and APD Chief Harold Medina, that created, participated and was aware of or who did not stop the culture of aggression within APD. Now Chief Medina wants to pay those very same  officers and additional $18,000 a year to keep them from retiring when they should probably just move on.

Simply put, police work is a young person’s profession that is both mentally, emotionally and physically demanding.   APD needs a new, younger generation of police officer who accept and are trained on constitutional policing practices and who do not resist the reforms mandated by the Court Approved Settlement Agreement (CASA).

MILLIONS AVAILABLE IN UNFILLED SWORN POLICE OFFICER FUNDING

The fiscal year 2023 approved General Fund budget for APD is $255.4 million, which represents an increase of 14.7% or $32.8 million above the fiscal year 2022 level. The APD approved budget fully funds 1,100 sworn police in order to accommodate growth, yet the department currently employs only 857 sworn police. In other words, APD has  243 full time positions that are fully funded that are vacant.

Starting pay for an APD police officer graduating from the academy and for the officers first year of probation is $21.27 an hour for a 40-work week, 52 weeks a year or $44,241.60 yearly. Therefore 243 vacant starting pay salaries for sworn police at $44,241.60 translates into $10,750,708 of potential unused salary funding.

During APD’s 2022-2023 budget review hearing, APD Chief Medina acknowledged that the department will likely not meet the 1,100-staffing level and said personnel funds for unfilled potions will cover other operating costs.  During the April 28 budget hearing, Republican City Councilor Dan Lewis questioned APD for more information on its budgeting strategy on using unspent sworn police officers’ salaries for other priorities. Lewis said this:

“I think it’s good for us to understand this is not a budget that [actually] funds 1,100 police officers. … We’re going to give you [funding for] 1,100 officers this year. We’re going to fund [the amount] just like we did last year. We’re continuing to do that, but I think at the very least what this council is going to need and want is a very specific breakdown of where those salary savings went because we didn’t hire those officers.”

The approved 2022-2023 APD budget of $255.4 million covers the continuation of the 8% pay increase that went into effect in January and then covers the additional 5%, for a total of 13% in APD sworn police raises that starts on July 1. 2022.

INCREASE NEW CADET HIRING BONUSES TO $25,000 WITH 5 YEAR COMMITMENT

After working a full 20 years, police officers who usually continue to work do so out of sure love of the job and their dedication to public service.  Medina wants to pay additional incentive on the “back end” of police officer careers who are eligible for retirement.  Incentive pay should be paid “on the front end” of a career to attract and keep a new generation of police officer.

It costs the city upwards of $60,000 a year to fully train a new police officer in the academy.  Once trained, there is no minimum number of years that an officer must work.  APD and recruiting efforts would be better served if more is offered as sign on bonuses.  As it stands, APD is paying $10,000 for new police cadet sign on bonuses. What should be offered are $25,000 in new cadet bonuses with a 5-year minimum service commitment.

CONCLUSION

Simply put, APD is awash in excessive unused personnel funding.  There is no reasonable excuse for Medina to divert funding given to the city by the state for recruitment and hiring of police officers and then to turn around and dole it out to pay $18,000 more in incentive pay to 19-year veterans, not when millions of vacant personnel funding is available. It’s Medina’s gross mismanagement of human resources at best and his incompetence at worse with an element of sure greed thrown in for good measure.

The second and final debate of the 2022 Governor’s race between Democrat Governor  Governor Michelle Lujan Grisham and Republican TV weatherman Mark Ronchetti  is now in the history books.   It will likely be forgotten after a one-day news cycle but if it is remembered, it will be for the personal insults and harsh jabs.  Ronchetti accused the governor of being a “hypocrite” and making “a blizzard of excuses” for her failed policies.  Lujan Grisham cast the former television weatherman as an inexperienced “TV personality” whose only real plan is to ban abortion in New Mexico.  Lujan Grisham addressed Ronchetti’s accusations head-on and said “He talks about a blizzard. This is a blizzard of nonsense.”

The final debate occurred on October 12 on KOAT TV 7, lasted 60 minutes, it was sponsored by the KOAT, TV, the  Albuquerque Journal and KKOB Radio. It was  moderated by KOAT anchors Shelly Ribando and Doug Fernandez with a few questions asked by  Journal Capitol Bureau chief Dan Boyd and Bob Clark of KKOB Radio.  The candidates were also allowed to ask each other one question.  As was the case with the Channel 4 debate, Libertarian candidate Karen Bedonie was not invited to participate.

The link to view the final debate is here:

https://www.koat.com/article/new-mexico-gubernatorial-debate-2022/41600831

Following is a summary of the highlights of the debate.

OPENING STATEMENTS

Ronchetti was the first to speak and said in part:

“The cops know that this governor doesn’t back them up. She catches criminals and releases them. She appoints judges that catch and release them. She regularly appoints people to the parole board that catch and release them.”

Ronchetti pledged New Mexico can do better regarding crime and education by choosing “a different path.”  Ronchetti severely criticized the Governor for New Mexico’s high violent crime rates and poor academic outcomes, arguing it’s time for new leadership at the Capitol.  Ronchetti said spending isn’t making a meaningful difference in the lives of ordinary New Mexicans and said in part:

“The government in Santa Fe has never been bigger, never been richer.”

The Governor for her part highlighted her accomplishment while in office and mentioned recent job growth, job creation as well as expanding education opportunities like Pre-K.  She also mentioned the power of the state government to fix some local problems plaguing cities.  Lujan Grisham also reassured abortion rights to remain in place if reelected and said abortion is still legal in New Mexico because of her.  Lujan Grisham acknowledged challenging times including the pandemic and the largest wildfire in state history, but she said New Mexico is recovering. The unemployment rate, she said, had fallen to its lowest level in 14 years and she said:

“I inherited a government that had 425 less officers in Albuquerque, let alone the hundreds of officers lost because of Republican budget cuts in New Mexico statewide. … Progress isn’t promised. … The threat of going backward is real.”

ABORTION AND WOMAN’S REPRODUCTIVE RIGHTS

Not at all surprising, abortion was a big topic of discussion with the historic Supreme Court decision to reverse Roe v. Wade.

Lujan Grisham highlighted her signing of a bill that repealed New Mexico’s 1969 criminal abortion law outlawing abortions  and  she said:

“Women have a choice in New Mexico today because I’m governor”.

The Governor made it clear that she continued to stand and support the medical procedure and women having a choice. She also pointed out how Rochetti in private confessed to his pastor Steve Smothermon that his intent was to ban all abortions. Lujan Grishman made it clear that there was no need for a public vote on abortion and it was already decided.

Ronchetti for his part was clearly on the defensive. Ronchetti regurgitated his TV ads to say it was a very personal topic and that a state amendment would let the voters choose.   He said he does not want to ban all abortion but late term abortions but says he is pro-life. Ronchetti described himself as “pro-life” but said voters should decide the issue through a constitutional amendment and said:

“The values of the people in the state of New Mexico have to be taken into account.”

RISING CRIME RATES

On the topic of rising crime in New Mexico, Ronchetti brought up the “soft on crime” approach the state has taken with violent offenders. He asserted that  there are “10% less” state police officers than when Lujan Grisham entered office 4 years ago and that the population of criminals in prison is 20% less that when Lujan Grisham took office. Ronchetti said the FBI seizure of over 1 million fentanyl pills was proof that that criminals are here due to the laxed policing.  Rochetti ignored the fact that the seizure occurred under Lujan Grisham’s watch with local authorities in fact assisting the FBI.

Lujan Grisham for her part cited millions invested in police departments across the state and other resources provided to them under her leadership.  The governor also brought up GOP actions that cut the state budget affecting law enforcement. Governor Lujan Grisham also pinning a significant amount of blame for the state’s rising crime rates on former GOP Governor Susana Martinez who she called Ronchetti’s “mentor”.  She noted that it was Martinez who “destroyed” the state’s behavioral health system and which in turn led to more drug abuse and crime.  Lujan Grisham said this:

“The Governor Martinez administration, my opponent’s mentor and campaign supporter illegally eradicated all mental health services in the state of New Mexico. And it has had catastrophic impacts right here in Albuquerque.”

She also noted failed prosecutions of high-profile cases by Republican District Attorneys.

EDUCATION

The candidates were asked about New Mexico’s Public Education system.

Ronchetti asserted that his plan focuses on public education rather than private like Lujan Grisham has asserted. He cited the state’s low proficiency numbers and stated that there are several problems plaguing the state’s youth in education that must be addressed.  Ronchetti said he wants to get back to the basics in education of math, reading, science.

Governor Luan Grisham responded by reminding the public of the landmark public education decision of Yazzie v. State of New Mexico that ruled under the prior Republican Governor, the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with an education.  Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful by securing over $1 Billion dollars for the state’s public education system raised the base pay for teachers by upwards of 20%.

UNEMPLOYMENT

Lujan Grisham said she’s happy that the rate for unemployment is lower than it has been in 14 years. She also stated we are the 12th ranked economy in the nation.

Ronchetti says she never gave anyone a raise in the state and that ranking does not apply to all New Mexicans. Also stated the governor has been hard on small businesses.

ENERGY

The Power New Mexico shut down of the San Juan Generating Station was asked in terms that the state may not have enough energy in the coming years.

Rather than addressing the energy question, Ronchetti used the opportunity to simply attacked Lujan Grisham for paying PNM $300 million to shut down the San Juan generating station.

Lujan Grisham for her part said Ronchetti did not understand the Energy Transition Act. She then argued that New Mexico is becoming one of the highest producers in hydrogen energy and doing well in solar energy costs.

BORDER SECURITY

The border and the crime caused was another hot topic.

Ronchetti renewed his call for the New Mexico National Guard to be placed at the border to interrupt the flow of illicit drugs and ensure a secure border that is safe for local residents.

Lujan Grisham called his statements “political theatre” and said she spoke with those guards who worked the border during President Trump’s order and they told her their job duties were not border security. The Governor also said the national guard has no power to enforce immigration law and such a posting would leave the state without them if they were needed to assist with fires or floods.

HOMELESSNESS IN NEW MEXICO

The rising homeless population in Albuquerque was also a topic of questions.

Lujan Grisham said there is a need to have affordable housing to address the problem and that has been done under leadership.  Lujan Grisham has said previously that her administration is working to address the affordable housing shortage in the state and plans are underway to build 6,000 new houses around New Mexico.

Ronchetti said the population for homeless has grown and is now out of control, especially because of the policies of Mayor Tim Keller and that mental health resources need to be utilized for them. He went on to call for a ban on tent cities in Albuquerque and would commit to signing a bill supporting it.

HEALTH CARE

Health care services in New Mexico were also bought up in the debate.

Ronchetti said that the governor has put more of an emphasis on lawyers than doctors leading to more lawyers and less doctors for the state.

Lujan Grisham responded by deflecting the accusation citing price decreases for several procedures, as well as supporting the Inflation Reduction Act that allows negotiating prescription costs directly.  Ronchetti opposed the Inflation Reduction Act.

FOOD TAX

When asked about reinstating the state’s food tax, Lujan Grisham pointed out a food tax is the most regressive tax there is affecting the poor the hardest and said  she would “absolutely not” support it if it wound up on her office desk to sign.

Ronchetti also opposed any more taxes going to the government. He stated if you make less than six-figures, you’d see tax cuts under his tax plan.

CLIMATE CHANGE

Climate change and wildfires that have plagued the state and continue to affect wildfire victims were brought up.

Lujan Grisham said she believe in climate change and pointed out that Ronchetti does not. She said the state will have enough renewable energy to power all of New Mexico.

Ronchetti said the best way to avoid wildfire threats is by having quality procedures to prevent them. He also brought up non-updated logging that worsened the wildfire situation this year.

CANDIDATES QUESTION EACH OTHER

The candidates were allowed to asked each other a question.

Rochetti asked the Governor about the $150,000 settlement with a former campaign spokesman who had alleged she grabbed his crotch while laughing in a 2018 campaign meeting. He accused Lujan Grisham of hypocrisy for saying she supports and believes the victims of sexual harassment and said:

“You’ve never come clean. … You are a hypocrite.”

The governor did not answer the question directly but said her campaign has been transparent about the issue. The governor’s campaign has contended the allegations are false and at one point characterizing that they were bizzare, and that the case was settled to avoid the expense and distraction of a lawsuit.

The Governor in response called the accusation a “false attack”  and said her campaign disclosed the settlement publicly.  She said the settlement was reached to avoid the cost and distraction of litigation at the apex of the pandemic. The Governor pivoted and said:

“You have spent your entire campaign attacking my character and my integrity.. They’re baseless attacks. … You’re a TV personality with no experience.”

When the Governor  asked her question of Ronchetti, she asked him  “What is misoprostol?” Misoprostol is used for elective medical abortion, and the question was obviously asked to test Roncheiit’s knowledge of a woman’s reproductive rights.  He lashed out with a smart-ass response and said:

“This is what 25 years in government gets you. . . a Governor who wants to play Jeopardy. … People have had enough of the political games. It’s garbage at this point.”

In a rebuttal response to Ronchetti, the Governor said this:

“Let me tell you what misoprostol is.  … It is a lifesaving drug for women often required for medical abortions that now women can get to treat cancer. If you don’t know what that is and … you don’t know the importance of providing comprehensive health care access, you don’t deserve to be governor.”

In the summer, Albuquerque Mega Legacy Church pastor Steve Smothermon told his Sunday congregation that after talking to Ronchetti for hours, Ronchetti said he was committed to doing away with all abortions, and Ronchetti could not say so publicly because it would damage his election chances.

During the debate, Ronchetti was asked about the comments made by Smothermon and he  reponded “You’ll have to ask the pastor about that” declining to say if Pastor Steve Smothermon lied about what Ronchetti said to him in private.

Links to quoted news sources are here:

https://www.koat.com/article/new-mexico-gubernatorial-debate-2022/41600831

https://www.koat.com/article/new-mexico-gubernatorial-debate-2022/41600831

https://www.koat.com/article/recap-koat-2022-gubernatorial-debate/41606034

https://www.abqjournal.com/2539958/gov-candidates-confront-each-other-in-combative-debate.html

https://www.santafenewmexican.com/news/local_news/lujan-grisham-ronchetti-trade-barbs-deflect-on-tough-questions-in-final-debate/article_d80fc9d0-4a44-11ed-9ea8-a7c1e5cd5a81.html

OPINION POLLS RECALLED

As of October 13, there have now been a total of 5 polls conducted by the news media in the 2022 race for New Mexico Governor. All 5 polls have Democrat Governor Lujan Grisham leading Republican Mark Ronchetti by as low of only 3% and as high as 16%.

October 9, KOB 4  Survey USA poll:

Democratic Governor Michelle Lujan Grisham: 53%

Republican Mark Ronchetti:  37%

Libertarian Karen Bedonie:  3%

Undecided: 7%

On October 9  NM Political Report “Public Policy Polling” poll:

Democrat Governor Michelle Lujan Grisham: 48%

Republican Mark Ronchetti: 40%

Libertarian Karen Bedonie: 7%

September 15, KRQE NEWS 13  Emerson College Poll:

Governor Michelle Lujan Grisham   48%

Republican Mark Ronchetti:  43%

Undecided: 5.2%

September 14, KOB  “4 Investigates Poll” Survey USA poll:

Governor Michelle Lujan Grisham: 48%

Republican Mark Ronchetti: 36%

Libertarian Karen Bedonie: 5%

Undecided: 11%

August 28, the Albuquerque Journal poll:

Democrat Governor Michelle Lujan Grisham: 47%

Republican Mark Ronchetti: 40%

Libertarian Karen Bedoni: 5%

Undecided: 8%

Averaging out all 5 of the polls reflects that Governor Michelle Lujan Grisham polling average is 48.8% compared to Ronchetti’s 39.2%. Ronchetti has yet to surpass 40% to 43% in any of the polling which is essentially the Republican base in New Mexico. Lujan Grisham has busted the magic 50% plus one in only 1 poll but that will likely change during the last month of the campaign in that Ronchetti has stalled and the momentum is clearly on the Governor’s side. The Albuquerque Journal is scheduled for release on October 30 its final poll and it will likely predict Governor Lujan Grisham winning with the margin being the only mystery.

MOST EXPENSIVE RACE FOR GOVERNOR IN STATE HISTORY

On October 11, it was reported Republican Mark Ronchetti outraised Democrat Michelle Lujan Grisham during the latest four-week reporting period, leaving him with a heftier campaign war chest to continue his negative attacks on Governor Lujan Grisham.  The campaign finance reports filed with the Secretary of State on October 11 reflect that for the four-week period that ended October 3, Ronchetti reported nearly $1.5 million in contributions compared to roughly $1.1 million for the governor.

The reports filed Tuesday by both candidates reveal this year’s race for governor will be the most expensive in state history with Ronchetti having raised more than $7.8 million for his campaign while Lujan Grisham has raised in excess of $11.1 million.

https://www.abqjournal.com/2539602/ronchetti-outraises-lujan-grisham-as-election-day-nears.html

COMMENTARY AND ANALYSIS

The second and last debate on Channel 7 was clearly better than the first debate on Channel 4.  A redeeming quality of the debate was that is covered a plethora of issues including abortion, crime, homelessness, health care, education, taxation, energy, climate change, and gun control. The candidates dedicated their time to contrasting their policy ideas and plans with personal and negative attacks for good measure to make a point.  Ultimately, there were no major gaffs by either candidate and the debate did not produce a clear winner.

On a personal note, Ronchetti’s open mouth, clenched white teeth and rapid delivery of rhetoric was annoying and downright exhausting to watch. Ronchetti refrained from his childish, weird facial gestures and grimacing he used to react to the Governor’s answers in the first live TV debate.

Governor Lujan Grisham for her part was noted to be sitting during the debate, and not standing like Ronchetti. The likely reason for the Governor sitting is that she is nursing an injury to her left knee and is wearing a brace in public.  The Governor appeared annoyed and impatient at times during the debate, but still managed to appear poised and professional.

Given the amount of campaign funding still available to both candidates, voters can expect the campaign ads to become even more negative over the next remaining weeks. Given the 5 polls, Governor Lujan Grisham is on her way to winning a second term as Governor.

Early voting has already begun, and the election is November 8. Please vote.

On September 30, the first debate between Democrat Governor Michelle Lujan Grisham and TV Weatherman personality Republican Mark Ronchetti was held and sponsored  by Channel 4.  Dominating the debate were heated exchanges and disputes on such issues as abortion, crime, the criminal justice system, the economy and public education. Notwithstanding, both the Governor and Ronchetti found common ground on the issue of homelessness.  Both said they would crack down on certain activities while expanding services to those willing to utilize them.

GOVERNOR LUJAN GRISHAM’S POSITION ON THE HOMELESS

Governor Lujan Grisham for her part said she would push for legislation to restrict panhandling and criminal trespassing in the upcoming 2023 legislative session. She  said her administration is working to address the affordable housing shortage in the state.  She said plans are underway to build 6,000 new houses around New Mexico.   She also said he state was working to expand substance abuse treatment programs in the state but pointed out some homeless reject treatment options. Lujan Grisham had this to say about those homeless who refuse treatment options:

“We’re going to need to do a little tough love and that’s going to mean probably more options for mandatory treatment.  …  I plan to propose in the next legislative session restrictions on panhandling and trespass for this population.”

Lujan Grisham said during the debate that more than half of New Mexico’s homeless population are teenagers.

Lujan Grisham spokeswoman Nora Meyers Sackett said the governor’s plan is  a comprehensive approach to homelessness and said:

“These proposals will seek to build on the work the governor has done to invest in housing and improve and increase access to behavioral health services throughout New Mexico.”

MARK RONCHETTI’S POSTION ON HOMELESS

Republican Mark Ronchetti for his part said treatment programs need to be expanded, but insisted bigger steps are also needed.  Ronchetti spokesman Ryan Sabel after the debate said Ronchetti supports a robust homeless shelter system and service delivery centers to provide medical care, substance abuse treatment and other services. Sabel said this:

“Ronchetti believes we can be compassionate and protect our communities from the proliferation of homeless camps that give other cities/states a bad reputation, hurt economic development and make neighborhoods less safe.”

During the debate, Ronchetti called for a ban on “tent cities.”  City sanctioned “Safe Outdoor Spaces” for homeless tent encampments has become a hotly disputed topic in the City of Albuquerque. He said Albuquerque was following down the same path as other western cities like Los Angeles, San Francisco, Portland and Seattle.  Ronchetti had this to say:

“New Mexico cannot be allowed to be someone’s campground, and we’ve seen it here in the Albuquerque area.”

Th link to quoted news source material is here:

https://www.abqjournal.com/2537488/governor-candidates-could-find-tricky-footing-in-homelessness-debate-ex.html

POLL AND CITIZEN’S SATIFACTION SURVEY ON HOMELESSNESS AS MAJOR ISSUES

On August 31 the Albuquerque Journal reported the results of a   poll on the various issues voters felt were serious issues facing the state. In the poll, respondents were read a list of five issues facing New Mexico and asked to state if they felt each one was a “very serious problem, somewhat serious problem, minor problem, or no problem at all.” The specific issues asked about in the poll were Crime, Homelessness, Quality of Education, the Strength of the State’s Economy, and Covid 19. According to the poll, Homelessness  was rated as follows:

Very Serious: 77%, Somewhat Serious: 16%, Minor: 4%,  No Problem: 1%   Don’t Know/Would Not Say: 2%

Each year, the City of Albuquerque commissions a Citizen Perception Survey to assess residents’ satisfaction with various City services and issues relating to crime, homelessness, and public safety. In early August, the City released Citizen Perception Survey.

The issue of homelessness was found to be a major challenge in Albuquerque.

70% feel the City is doing a poor job of addressing homelessness, 9% of residents gave the  City Government positive marks for addressing the homelessness issue and 20% gave a mixed or neutral rating.

The percentage of residents who give the City positive scores for addressing homelessness had risen from 13% in 2019 to 29% in 2020 but it fell  by 20% and is  9% currently.

“POINT IN TIME” SURVEY

Each year the “Point in Time” survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country. The New Mexico Coalition to End Homelessness (NMCEH)  is contracted by the city to do the survey.  NMCEH released the 2022  PIT report breaking down the demographics of the homeless population in Albuquerque.

The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

The PIT count requires the use of the HUD definition of “homelessness”. PIT counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends

The PIT count includes a “Sheltered Count”, “Unsheltered Count” and a “Transitional Housing Count.”

The Sheltered Count is the count of people experiencing homelessness who are sheltered in emergency shelter and transitional housing on a single night.  Sheltered homeless also include homeless “residing in an emergency a motel paid through a provider or in a transitional housing program.” It does not include people who are doubled up with family or friends.

The Unsheltered are defined as those who encamp in neighborhood open space areas, alleys, parks, high-traffic areas and points of congregation, meal service sites, and general service sites.   The Unsheltered Count uses surveys and street outreach to account for individuals and families experiencing unsheltered homelessness on the night of the count.

The Housing Inventory Count (HIC) is  an inventory of provider programs within a Continuum of Care that provide total numbers of beds and units dedicated to serving people experiencing homelessness.  There are 5  homeless Program Types:

Emergency Shelter

Transitional Housing

Rapid Re-housing

Safe Haven

Permanent Supportive Housing

The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire report at this link:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

NEW MEXICO’S HOMELESS NUMBERS

January 31, 2022 was the date selected to conduct the 2022 Point in Time Survey which was released in August. The 2022 Point In Time Report provides what it referred to “balance of the state” statistics where the Albuquerque Homeless numbers were excluded.

The total estimated number of households experiencing homelessness in Balance of State on January 31, 2022 were reported are as follows:

Totals of HOUSEHOLDS with one child, without children and with only children:

Emergency Shelters:  574

Transitional Housing: 70

Unsheltered: 366

TOTAL: 1,010

Page 17, Point in Time Survey

The total estimated number of INDIVIDUALS with one child, without children and with only children experiencing homelessness in the Balance of State on January 31, 2022 :

Emergency Shelters:  785

Transitional Housing: 107

Unsheltered: 391

TOTAL: 1,283

Page 17, Point in Time Survey

The total estimated number of people counted during the Balance of State Point-in-Time counts from 2009 – 2022 are as follows:

2009:  1,471

2011:  1,962

2013:  1,648

2015:  1,342

2017:  1,164

2019:  1,717

2021:  1,180

2022:  1,283

Page  18, Point in Time Survey

The data for the “UNSHELTERED” is broken-down as follows:

Total Unsheltered Chronically Homeless : 14%

Veterans: 9%

First Time Homeless: 23%

Homeless due to domestic violence: 10%

Adults with serious mental illness: 43%

Adults with substance use disorder: 40%

Page  18, Point in Time Survey

GENDER OF UNSHELETER

MALE:  74%

FEMALE: 26%

Page 19, Point in Time Survey

AGE OF UNSHELTERED

Under Age of 18: 1%

18 to 24: 10%

24+ : 1%

 Page 20, Point in Time Survey

ETHNICITY OF UNSHELTERED

Non-Hispanic: 60%

Hispanic/Latin: 40%

Page 21,

RACE UNSHELTERED

White: 63%

Native American: 28%

African American: 5%

Mix  Races: 4%

Page 21, Point in Time Survey

ALBUQUERQUE’S HOMELESSNESS

The 2022 PIT report did provide a separate breakdown of Albuquerque’s homelessness separate from that of the state numbers.  On January 31, 2022 Albuquerque’s homelessness is reported as follows:

Albuquerque Emergency sheltered:  940   (New Mexico  Emergency Sheltered:  785)

 Albuquerque Unsheltered:  197  (New Mexico Unsheltered: 366)

 Albuquerque Transitional housing:  174  (New Mexico Transitional Housing: 107)

 COMBINED TOTAL OF CITY HOMELESS:  1,311

 COMMENTARY AND ANALYSIS

What Governor Lujan Grisham said in the debate about the homeless who refuse treatment merits repeating:

“We’re going to need to do a little tough love and that’s going to mean probably more options for mandatory treatment.”

What the Governor is referring to are laws that deal with when and under what circumstances formal civil commitment hearings can be initiated for 3-day, 5-day and 30-day observation and diagnostic evaluations for the mentally ill and the drug addicted.  Such processes and procedures can be utilized to deal with the homeless and to ensure that they get the medical treatment and counselling services they need.

The link to review the applicable New Mexico state statutes NM Statute §43-1-1 (2019), NM Stat § 43-1-1 (2019), NM Stat § 43-1-11 (2020) on civil mental health commitments is here:

https://law.justia.com/codes/new-mexico/2020/chapter-43/article-1/section-43-1-11/#:~:text=An%20interested%20person%20who%20reasonably,grounds%20exist%20to%20commit%2

CREATE “HOMELESS COURT” WITH CIVIL COMMITMENTS

District Attorney across the state can and should dedicate resources in the form of attorneys that will assume the filing of civil mental health commitment pleadings for such hearings as prescribed by law. The New Mexico Public Defender should also be called upon by the Courts to provide a defense where and when it is needed. The New Mexico legislature should fully fund such an initiative

A greater emphasis must be made to get those homeless who are not in the criminal justice system the medical care and assistance they need without criminal prosecution and warehousing in the county jail.  A civil mental health commitment court for the homeless to deal with the mentally ill and the drug addicted who pose a threat to themselves, their family and the general public must be established.

In  Albuquerque, one single specialty court designated as the “Outreach, Veterans and Homeless Court” or “OVH Court” should be created.  A program of cross deputization of City Attorney’s by the Bernalillo County District Attorney to allow them to file civil mental health commitment petitions in State District Court in misdemeanor and felony cases can be created.

The Criminal Division of the State District Court should assign a District Court Judge to deal exclusively with mental health commitment hearings with the help of Metro Judges and the consolidation and the assistance of “Metro Court Outreach Court” and the “Metro Community Veterans” court under one court that is established in both Metro Court and State District Court using both court’s resources including courtrooms.

APD is ostensibly doing its job with resources it has when it comes to the homeless.  Since the beginning of 2022 there have been issued 2,308 citations to the homeless and it has issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants.  However, much more can be done with the coordination of resources and placing an emphasis on dealing with the mentally ill and the drug addicted. The Metro Court should establish an identical court procedure that it has with the Metro Traffic Arraignment Program that when the officer issues a citation to the homeless person, a Notice and date and time of hearing is also provided in the citation itself.

Both the City Attorney and the Bernalillo County District Attorney could dedicate resources in the form of attorneys that will assume the filing of civil mental health commitment hearings as allowed by law. A program of cross deputization of City Attorney’s by the Bernalillo County District Attorney to allow them to file civil mental health commitment petitions in State District Court in misdemeanor and felony cases needs to be created. The New Mexico Public Defender must be called upon by the Courts to provide a defense where and when needed.

As of October 11, there have now been a total of 5 polls conducted by the news media in the 2022 race for New Mexico Governor. All 5 polls have Democrat Governor Lujan Grisham leading Republican Mark Ronchetti by as low of only 3% and as high as 16%.  This blog article reports on all 5 polls.

SECOND  “4 Investigates” Poll

KOB 4 NEWS 4 REPORT

On October 9, KOB 4 released its second poll it commissioned with Survey USA. Polling of 570 likely voters showed Democratic Governor Michelle Lujan Grisham with a 16-point lead over Republican Mark Ronchetti.  The results of the poll are:

Democratic Governor Michelle Lujan Grisham: 53%

Republican Mark Ronchetti:  37%

Libertarian Karen Bedonie:  3%

Undecided: 7%

According to the KOB 4 Survey USA poll likely voters are strongly motivated by abortion. 17% said it’s the issue that will most influence their vote with Governor MLG polling at 86% among that crowd.   22% chose the economy as most-influential issue, but ahead of all others

76% percent of likely voters told SurveyUSA that abortion will be at least somewhat of a factor in their vote. While support for MLG fades, Ronchetti’s increases depending on how passionate voters say they are about abortion, but the Governor still holds a 35% point lead in this group, again with 3 out of every 4 likely voters polled.

New Mexico opinions on abortion seem similar to national numbers. Survey USA asked which position on abortion was closest to the ones held by respondents to the poll.

31% said it should only be allowed to save the mother’s life or in cases of abortion or incest

20% said it should be allowed up to 15 weeks and banned after, which the same exceptions

7% said it should be banned in the third trimester of a pregnancy

27% said there should be no restrictions

5% were unsure (a percentage that likely includes those who favor a total ban)

Ronchetti performs strongest among voters who are concerned about inflation and the economy.  Inflation-focused voters prefer Republican Ronchetti by 12%. Voters who say the economy is their biggest issue favor Ronchetti by 18%.

https://www.kob.com/new-mexico/4-investigates-surveyusa-govs-poll-shows-mlg-building-strong-advantage/

NM POLITICAL REPORT “PUBLIC POLICY POLLING” POLL 

On October 9, the on-line news agency NM Political Report released a poll it commissioned with Public Policy Polling (PPP). The poll of 806 voters was conducted by Public Policy Polling on October 6 and 7 and has a margin of error of plus or minus 3.5 points. In the poll, Incumbent Governor Michelle Lujan Grisham continues to lead the gubernatorial race, with the support of just under 50 percent of likely voters.

The results of the PPP poll are:

Democrat Governor Michelle Lujan Grisham: 48%

Republican Mark Ronchetti: 40%

Libertarian Karen Bedonie: 7%

According to NM Political Report, this is an increase in the gap between the two top contenders from a June  NM Political Report poll which showed Lujan Grisham leading with 45% of supporters to 42% for Ronchetti and 9% for Bedonie.

The poll is slightly higher than the average of polls at Real Clear Politics which shows Lujan Grisham leading by 6.7 points.

According to NM Political Report:

“As has been the case in previous polls, Lujan Grisham’s lead is buoyed by support among women. Of those polled, 52%  of women say they will vote for Lujan Grisham, while 36% say they will vote for Ronchetti and 6% for Bedonie. Men very slightly favor Ronchetti, 43% to 42% over Lujan Grisham with 8% backing Bedonie.”

A breakdown of the PPP poll is as follows

Lujan Grisham secured  81%  of Democrats while 14% of Democrats support Ronchetti and 1 percent support Bedonie.

Ronchetti secured  74% of Republicans, Lujan Grisham secures the support of 11% of Republicans  and Bedonie secures  9 percent or Republicans.

Ronchetti has a slight lead among other parties and independents, with 39% percent backing him , to 36% for Lujan Grisham and 14% for Bedonie.

Lujan Grisham also continues leading among Hispanic or Latino voters, 55% who support her, while 31%  support Ronchetti and 10% support Bedonie.

Ronchetti leads among white voters, with 47% of support compared to 43%  for Lujan Grisham and 5%  for Bedonie.

Among other races and ethnicities, Lujan Grisham leads 49% to 27% over Ronchetti, with 7% supporting Bedonie.

The link to the quoted news source is here:

KRQE NEWS 13 EMERSON POLL

On September 15, KRQE NEWS 13 published the latest of 3 polls in the New Mexico Governor’s race.   KRQE commissioned  Emerson College Polling on the New Mexico Governor’s race as well as issues facing the state. The results of the poll in the Governor’s race is as follows:

Governor Michelle Lujan Grisham   48%

Republican Mark Ronchetti:  43%

Undecided: 5.2%

FIRST KOB  “4 Investigates” Poll

On September 14, KOB Channel 4 published a “4 Investigates Poll” on the New Mexico Governor’s race it commissioned with Survey USA.  The results of the poll in the Governor’s race revealed that Democrat Governor Michell Lujan Grisham has now busted out a double-digit lead over Republican Mark Ronchetti.  The results of the poll reported are:

Governor Michelle Lujan Grisham: 48%

Republican Mark Ronchetti: 36%

Libertarian Karen Bedonie: 5%

Undecided: 11%

The link to the KOB 4 report is here:

https://www.kob.com/news/top-news/4-investigates-poll-mlg-has-12-point-advantage-over-ronchetti/

ABQ JOURNAL POLL

On Sunday, August 28, the Albuquerque Journal released it first poll in the 2022 Governor’s race between Democrat Incumbent Michell Lujan Grisham and Republican TV weatherman Mark Ronchetti.  The poll was conducted by Research and Polling which for decades has done all political polling for the Journal and with polling firm considered the gold standard in New Mexico political polling because of its consistent accuracy.

RESULTS OF JOURNAL POLL

The poll asked the question “If the election for Governor were held today, who would you vote for? “ The poll results reported were:

Democrat Governor Michelle Lujan Grisham: 47%

Republican Mark Ronchetti: 40%

Libertarian Karen Bedoni: 5%

UNDECIDED: 8%

Abortion is considered the defining issue in the governor’s race. On August 29, the Albuquerque Journal released it poll on the issue.

The poll asked the question “WHICH COMES CLOSEST TO YOUR VIEW ON ABORTION” The results were as follows:

It should always be legal:  35%

It should be legal with some limitations: 22%

It should be illegal except for rape, incest, or to save the mother’s life: 25%

It should always be illegal: 12%

Don’t know: 2%

None of these/won’t say: 4%

COMMENTARY AND ANALYSIS

 Averaging out all 5 of the polls reflects that Governor Michelle Lujan Grisham polling average is 48.8% compared to Ronchetti’s 39.2%. Ronchetti has yet to surpass 40% to 43% in any of the polling which is essentially the Republican base in New Mexico. Lujan Grisham has busted the magic 50% plus one in only 1 poll but that is likely changed during the last month of the campaign in that Ronchetti has stalled and the momentum is clearly on her side. The Albuquerque Journal is scheduled for release on October 30 its final poll and it will likely predict Governor Lujan Grisham winning with the margin being the only mystery.

Governor Lujan Grisham has led in the polls throughout the race and she has busted out a two-digit lead over Ronchetti in the Survey USA poll poll twice. There are only 30 days left before the November 8 general election and early voting started on October 11. The last live TV debate will be on Wednesday October 12 on Channel 7 and anything can happen including missteps by the candidates.  Both candidates have hefty amounts of campaign cash that make it certain that the negative ads will continue but will not likely have a major impact on the final outcome.