A few weeks ago, after I posted a picture of myself with Governor Michelle Lujan Grisham, I was asked by a very close friend what she is really like. I was able to respond without any hesitancy and said she is a person of compassion and decency that genuinely cares about people and how they are treated.

With that said, I told my friend what I witnessed some years ago when I attended an invitation only fundraising event for then Congresswoman Michelle Lujan Grisham. The event was in the evening and held at a private residence with about 60 people attending.  A staff person was at the front door to check in people with Lujan Grisham already inside.

Once inside, I found myself standing about 15 feet from her as she talked to another. Supporters were waiting outside to hear her speak. Soon, her staff person approached her and pulled her aside to talk to her.  I was still close enough to overhear the conversation, but she was not aware that I was watching nor could hear her.

The staff person told Lujan Grisham that a person who also knew me and who I was familiar with, and one known by many to suffer from mental health problems and hostile outbursts, had showed up at the front door wanting to attend the event. The person was a Democrat and known to be highly critical of Lujan Grisham and me as well. The aide did not know the person, he only had a name, and described the person as being on foot and his personal hygiene was less than desirable.  He was not dressed properly for the event. The aide asked Lujan Grisham if he should deny the uninvited person access and send him away. Congresswoman Lujan Grisham without hesitation said NO, he was to be let in.  She further instructed her aide to talk to him in private and make sure he got something to eat and to make sure he got home safely given that it was already night time and he was on foot.

Having been around and even having worked for elected officials and candidates for office for at least 50 years, which is way too many years, I have found that it is when the press, the cameras and a crowd are not around that a public figure reveals what they truly are as a person, what they really stand for, and their character. Lujan Grisham over her entire public service career has always paid special attention to behavioral health care.  She has especially done so over the last 4 years trying to rebuild our mental health care system destroyed by her Republican predecessor.  Her one act of kindness I witnessed in private at a political event earned my respect and support. She has earned a second term.

GOVERNOR MICHELLE LUJAN GRISHAM

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

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

Governor Michelle Lujan Grisham was personally asked to submit for publication on this blog an article outlining her positions on the major issues facing New Mexico.  Following is her position on the major issues prepared by her campaign.  The issues are listed by this blog in the order considered important for the election:

ABORTION AND WOMAN’S REPRODUCTIVE RIGHTS

Every woman and every New Mexican deserve access to reproductive health care.  That is why Governor Michelle Lujan Grisham continues to be a champion for women’s health care. In 2021, Governor Michelle Lujan Grisham made history by repealing New Mexico’s 50-year-old criminal abortion statute, protecting New Mexicans access to abortion and ensuring women and their families have the right to make their own choices about pregnancy and reproductive health.  Governor Michelle Lujan Grisham also funded the expansion of postpartum coverage under Medicaid from 60 days to 12 months, guaranteeing New Mexico’s new mothers can focus on themselves and their babies in the first year of life.  In 2022, the Governor signed legislation eliminating the “tampon tax,” ensuring necessary feminine hygiene products are affordable. With Michelle as governor, New Mexico remains a safe haven for reproductive health care and women’s rights.  No politician, no voter and no government has any right to tell a woman what she can do with her own body when it comes to a woman’s right to an abortion and her personal reproductive rights.

PUBLIC SAFETY

Governor Michelle Lujan Grisham believes that every New Mexican deserves to feel safe in their community. From her first days in office, the Governor has executed an all-of-the-above approach to public safety, including addressing the root causes of crime, and ensuring law enforcement offices across New Mexico have the resources and the tools they need to keep communities safe.

In order to promote public safety, New Mexico must address the root causes of crime. That’s why Governor Michelle Lujan Grisham has taken critical steps to reduce poverty, invest in behavioral health and addiction services, remove financial barriers to higher education and career training, and bring more jobs to New Mexico. When New Mexicans have the resources, they need to thrive, crime rates go down.

Governor Lujan Grisham has been consistent in her support of the dedicated men and women who protect New Mexicans every day.  The Governor knows that keeping communities’ safe starts with law enforcement officers who answer the call to serve their communities, doing everything from knocking on senior’s homes in Chama when the power goes out during a winter storm, to cracking down on driving under the influence, to keeping violent offenders off of Albuquerque’s streets.

Governor Lujan Grisham implemented 16% pay raises for state police officers and made critical investments into our law enforcement, allocating over $100 million to give law enforcement in New Mexico communities, large and small alike, the tools they need to keep New Mexicans safe. Governor Lujan Grisham championed funding to hire, recruit, and retain law enforcement officers, build new facilities and improve existing ones, create a new state-of-the-art crime lab, repair and replace critical protective and analytical equipment, and acquire new vehicles for law enforcement officers.

Keeping New Mexicans safe also means keeping guns out of the hands of criminals and keeping violent offenders off our streets. For the past two years, Lujan Grisham has passed bipartisan crime legislative packages that increase the sentencing for gun crimes, particularly for felons, in order to deter gun violence.  Governor Lujan Grisham championed many measures that will save New Mexican lives and curb the scourge of gun violence.

The Governor pushed for universal background checks for gun purchases and signed legislation known as the “red flag law” that allows the courts to temporarily disarm individuals who are at risk of harming themselves or others. While balancing the right to bear arms and public safety, Governor Lujan Grisham is making sure fewer New Mexicans suffer from violent acts of crime.

EDUCATING OUR CHILDREN

As a grandmother and mother, Michelle Lujan Grisham understands that New Mexico’s children are the key to New Mexico’s future.  The Governor has prioritized education throughout her career in public service, fighting to ensure that every New Mexico student, no matter where they live or what their background is, has access to the high-quality education they deserve.

From day one in the governor’s office, Michelle Lujan Grisham worked tirelessly to deliver an education moonshot, investing over $1 billion into New Mexico’s education system. Governor Lujan Grisham will never stop fighting for New Mexico’s students, parents, educators, and schools.

A product of New Mexico’s public schools’ system, Lujan Grisham is dedicated to uplifting every student, parent, educator, and school in New Mexico. Lujan Grisham led the effort to ensure every New Mexico school has the resources they need to serve their students.  She made New Mexico the first state in the nation to create an innovative way to send investments to schools with concentrated poverty and doubled the number of community schools.

In response to the Yazzie v. State of New Mexico landmark public education decision that ruled 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.  It has taken a full 4 years to get the job done.

Lujan Grisham succeeded in securing over $1 Billion dollars for public education during the 2019, 2020, 2021 and 2022 legislative sessions. In addition to the dramatic increases in public education funding, Lujan Grisham administration created  the Early Childhood Department, issued mandates to the Children, Youth and Families and Public Education departments, and increased the number CYFD social workers by at least 125.

An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers was increased by upwards of 20% and have risen to $50,000, $60,000 and $70,000 depending on the level of years of teacher experience.  During the 2022 New Mexico legislative session, more than $70 million was allocated to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students. The money will be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

Governor Lujan Grisham partnered with sovereign nations, tribes, and pueblos to make long-awaited investments in education in tribal communities and because of the Governor’s efforts, New Mexico is now leading the nation in setting aside funds for bilingual and multicultural education.

A PROMISE MADE A PROMISE KEPT TO EDUCATORS AND OUR CHILDREN

In her campaign for governor, Governor Lujan Grisham promised to be a champion for New Mexico’s educators, and she has kept her promise. Under Governor Michelle Lujan Grisham’s leadership, New Mexico teachers received the most significant back- to-back raises for educators in 15 years and has successfully reduced teacher vacancies by nearly 25% in 2019. This year, the Governor delivered a 7% salary increase and a base pay increase for every New Mexico educator, making New Mexico teacher wages the highest in the region. Governor Lujan Grisham​​ also put tens of millions of dollars toward scholarships for educator training programs, helping more than 3,000 New Mexico teachers this year alone.

New Mexicans have long called for universal pre-k and affordable childcare.   Governor Lujan Grisham delivered by expanding affordable, high-quality childcare to thousands of New Mexico families and secured permanent funding to ensure New Mexico will continue to provide families with affordable options for their children’s education for decades to come. Lujan Grisham established universal pre-k for four-year-olds and greatly expanded pre-k for three-year-olds.

Governor Lujan Grisham has made New Mexico a national leader in guaranteeing 100% tuition-free higher education for all New Mexico students.  The Governor is eliminating barriers to higher education like student debt and burdensome fees that keep too many students, no matter their age, background, or family situation, from getting the training and the job they want and deserve.  By creating and funding the Opportunity Scholarships and restoring the promise of the Lottery Scholarships, Lujan Grisham expanded scholarships for 2-year, 4-year and certificate programs, helping tens of thousands of New Mexico students attend college for free.

THE ECONOMY AND JOB CREATION

Governor Lujan Grisham is making New Mexico’s economy work for the everyday New Mexican.

Lujan Grisham’s top priority has been growing and diversifying New Mexico’s economy because she knows industry and job opportunities all across the state are critical to ensuring that New Mexico families and communities thrive. By supporting small businesses, helping to create thousands of jobs, and spurring the investment of billions of dollars in New Mexico’s economy, Governor Lujan Grisham is delivering on her promise to grow and diversify New Mexico’s economy.

During Lujan Grisham’s tenure, New Mexico has ranked in the top 10 for job growth in the country overall.  As one of her first actions in office, Governor Lujan Grisham redesigned New Mexico’s economic development tools, which have helped create over ten thousand jobs in every corner of our state. That’s a record high for New Mexico, and with the Governor’s support it will only go higher.

Governor Lujan Grisham has prioritized making New Mexico more business friendly. As a result of Lujan Grisham’s leadership, exciting new companies, such as NET FLEX,  NBC Universal and 828 Productions invested heavily in New Mexico and established New Mexico partners dramatically increased their investments. In was in 2019 that Governor Lujan Grisham signed into law legislation that funded and gave tax incentives to companies to collaborate with the state through partnership agreements.  The 2019 legislation raised the 2011 cap on what the state could pay out to film and TV productions from $50 million to $110 million per year.  It also authorizing the spending of up to $225 million to pay down an accumulated backlog in film incentives.

Netflex, NBC Universal and 828 Productions have all announced major projects and investment in the state.  Netflix announced a 300-acre expansion in the state with a commitment to spend another $1 billion over 10 years, doubling the company’s original commitment to the state. NBCUniversal also opened a production facility in Albuquerque with a commitment to $500 million in direct production spending over the next 10 years and 330 full-time-equivalent jobs. On August 13, Governor Michelle Lujan Grisham announced that California-based 828 Productions is relocating its headquarters to Las Cruces joining Netflix and NBCUniversal as film partners within the state.  828 Productions plans to invest $75 million to build a 300,000-square-foot studio and 20-acre back lot over the next six years, creating at least 100 high-paying jobs in Las Cruces.  828 Productions has purchased a 7,500-square-foot office building in downtown Las Cruces.  It will be used for training, post-production and visual effects work. It is also hiring for key positions.

Governor Lujan Grisham cut red tape making it easier for businesses to thrive and encouraging hundreds of businesses to relocate to our state. Working alongside business and community leaders, Lujan Grisham has helped create a real pipeline of jobs and opportunity in our state and making New Mexico the frontier of economic growth under her leadership.  Governor Lujan Grisham is not just focused on attracting exciting new businesses and entrepreneurs to New Mexico, she’s also making sure we’re using New Mexico’s powerful economic tools to grow our small businesses right here at home.  Lujan Grisham efforts have also supported the expansion of homegrown companies like Bueno Foods in Albuquerque and Saputo Dairy in Las Cruces.

MORE PROMISES MADE, PROMISES KEPT

Governor Lujan Grisham kept her campaign promise to legalize cannabis, partnering with small businesses, advocates, and legislators to create an entirely new statewide economic industry in New Mexico that prioritizes homegrown microbusinesses and local producers. Thanks to Governor Lujan Grisham, legalization has paved the way for a new economic driver in New Mexico. It is a new industry that is creating over 11,000 new jobs, raising an estimated $20 million in revenue for the state in the first year, and amounting to over $318 million in annual sales of recreational cannabis. Legal cannabis is going to create thousands of jobs and serious tax revenue for local governments to support local services in every corner of New Mexico.

On March 31, 2021 in a special session of the New Mexico legislature, the state became the 18 state to legalize recreational cannabis.  New rules and regulations governing licensing, production and sales of recreational marijuana have now been fully implemented and commercial sales began on April 1. According to the state’s Cannabis Control Division, the state’s cannabis industry in August brought in $24.2 million in adult-use sales, a new record high, surpassing July’s adult-use sales of $23.5 million. Overall sales numbers, which includes medical cannabis transactions, stood at nearly $40.7 million in August, according to the data. That number is up from July’s overall sales of $40.3 million, which at the time was also a record high.

With new investments in vocational training, higher education and certificate programs, Governor Lujan Grisham is also building a workforce right here at home that will strengthen and grow New Mexico’s economy for years to come. Through New Mexico’s Job Training Incentive Program, Governor Lujan Grisham helped companies train over 5,000 workers while earning competitive salaries. New Mexico’s workforce is the powerhouse of our economy which is why Governor Lujan Grisham has made strides for workers.

Lujan Grisham raised New Mexico’s minimum wage and transformed New Mexico’s Public Employee’s Retirement Association (PERA) retirement pension funds giving workers the comfort they need to ensure that when retirement comes, their pensions will be safe and secured. She also passed legislation guaranteeing paid-sick leave for every employee in the state, giving every New Mexican the chance to make a living wage so they can support themselves and their families.

AFFORDBLE HEATH CARE

Governor Lujan Grisham knows that for far too long, New Mexicans have been forced to choose between their putting food on the table and their health.  Lujan Grisham is committed to making affordable, high-quality, and comprehensive health care available to every New Mexican, from urban to rural to tribal communities. Governor Lujan Grisham will continue to address endemic issues in New Mexico’s healthcare system in order to make accessible and affordable health care a reality for all.

Governor Lujan Grisham understands that the best way to make health care accessible to New Mexicans is to lower the cost of health care. By establishing the Health Care Affordability Fund, Lujan Grisham reduced the cost of health insurance and medical expenses for tens of thousands of New Mexico families. Governor Lujan Grisham also took critical steps to protect safeguards under the Affordable Care Act for New Mexicans so that the 337,000 New Mexicans with preexisting conditions would never have to face a denial of coverage or higher price due to no fault of their own.

New Mexicans across the state struggle with the high cost of prescription drugs. Under Governor Michelle Lujan Grisham, New Mexico became the third state in the country to cap monthly insulin copayments, lowering health care costs for New Mexicans living with diabetes. Michelle Lujan Grisham also signed legislation to allow New Mexico to import lower-cost prescription drugs from Canada, one of the first states in the country to do so. These health care measures will get New Mexicans the medicine they need at a cost they can afford.

REBUILDING A BEHAVIORAL HEALTH CARE SYSTEM

Governor Michelle Lujan Grisham believes that health care is not comprehensive without affordable, high-quality behavioral health treatment. From day one, Lujan Grisham has taken decisive action to rebuild the state’s behavioral health system after it was fraudulently destroyed by the previous Republican Martinez administration. In 2013, more than 160,000 New Mexicans received behavioral health services, with most of those services funded by Medicaid. In June 2013, under the direction of the former Republican Governor, the Human Services Department (HSD) cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico alleging Medicaid fraud overbilling.  In early 2016, following exhaustive investigations, the Attorney General cleared all 15 of the healthcare providers of any wrongdoing and exonerated all of them of fraud. Even though the Attorney General found no fraud and cleared the nonprofits of wrongdoing, the damage had been done to the nonprofits. With the Medicaid funding freeze, many of the 15 nonprofits could not continue and just went out of business leaving many patients without a behavioral health service provider especially in rural New Mexico.

In addition to working with providers to establish new services and new networks, Governor Michelle Lujan Grisham eliminated copays for behavioral health services, making sure behavioral health is affordable and accessible to all New Mexicans.  Lujan Grisham eliminated copays on behavioral health visits, so that mental health care and addiction counseling could be affordable for New Mexicans. All of Governor Lujan Grisham’s work to lower costs for families and workers and invest in critical services has lifted countless New Mexicans out of poverty.

As a caregiver herself, Michelle Lujan Grisham personally knows the importance of and the strength and resilience it takes to provide for New Mexico’s seniors. Governor Michelle Lujan Grisham signed legislation to invest millions to improve and deliver high quality services for New Mexico’s seniors and create automatic low-cost retirement savings options.

THE ENVIRONMENT AND FIGHT AGAINST CLIMATE CHANGE

Governor Michelle Lujan Grisham understands that climate change is an existential threat facing our planet and we cannot kick the can down the road to future generations. Lujan Grisham has taken decisive action to protect New Mexico’s land, air, and water, and she will continue to take bold action to address the climate crisis, create clean energy jobs, and protect the Land of Enchantment’s critical natural resources. Under Governor Michelle Lujan Grisham’s leadership, New Mexico has become a national leader in the fight against climate change and now countries across the globe are looking to New Mexico for leadership.

As one of her first acts in office, Governor Michelle Lujan Grisham signed landmark energy legislation setting bold statewide renewable energy standards and establishing a pathway for a low-carbon energy transition.   Lujan Grisham joined New Mexico to the U.S. Climate Alliance and adopted the goals of the Paris Climate Accord. Governor Lujan Grisham also committed New Mexico to conserving 30% of all land by 2030, ensuring New Mexicans’ access to the open spaces the Land of Enchantment is known for. With every step, Governor Michelle Lujan Grisham has protected New Mexico’s natural resources, increased access for outdoor recreation, and built the state’s climate change resilience.

On March 10, 2022 Gov. Michelle Lujan Grisham announced that Universal Hydrogen has chosen a 50-acre parcel of property northeast of the passenger terminal at the Albuquerque International Sunport to build a manufacturing and distribution center in New Mexico with a goal of hiring hundreds of employees in Albuquerque.   The location includes access to a runway and the potential future reclamation of a rail spur south of the Sunport. Universal Hydrogen is a manufacturer and distributor of hydrogen storage modules, assembles airplane retrofit kits and performs aftermarket maintenance services, and manage administrative activities.  Universal Hydrogen is a company with a mission to enable carbon-free fuel and reduce the climate impact of air travel. New Mexico will be at the heart of the company’s mission to decarbonize hard-to-abate greenhouse gas emissions in aviation, ground transportation, and heavy industry to help the United States meet the Paris Agreement goals. The company also has facilities in California, Washington State, and Toulouse, France.

Throughout her tenure, Governor Michelle Lujan Grisham has aggressively pursued polluters and established rules that will reduce harmful emissions and create even more jobs through detecting and capping gas leaks that harm our air. By adopting stringent methane reduction rules, Lujan Grisham eliminated clean venting and flaring in New Mexico and committed the state to capturing 98% of all-natural gas waste by the end of 2026. Under Governor Michelle Lujan Grisham, New Mexico now has the most controlled greenhouse and methane requirements in the country.

Governor Lujan Grisham is putting New Mexico at the forefront of the clean energy industry that will produce good jobs and a bright future for New Mexicans. Since Lujan Grisham took office, New Mexico has more than doubled its wind energy capacity and is one of the largest economies for solar energy

REDUCING TAXES, RAISING THE MINIMUM WAGE AND PAID SICK LEAVE

Michelle Lujan Grisham believes that as governor, the most important aspect of her job is making sure New Mexicans have what they need to thrive. That’s why Michelle has delivered for New Mexico’s families and businesses by putting money directly into their pockets and addressing the issues they care about most. From cutting the state Gross Receipts tax and the Social Security tax, to passing tax credits for New Mexico’s middle class, to lowering the cost of everyday needs like prescription drugs and childcare, Governor Lujan Grisham is saving money for every New Mexican.

Governor Lujan Grisham is making a difference by making sure that families prosper. Lujan Grisham cut taxes for New Mexico’s middle class in one of the most comprehensive tax overhauls in the country, putting money in the pockets of more than 550,000 New Mexican families. Governor Lujan Grisham Michelle is leading the ​​way with the most significant and progressive reform of the tax code in a generation, creating meaningful change for average New Mexicans.

Governor Lujan Grisham isn’t just helping families, she also cut taxes for every single New Mexican and New Mexico business. This year, Lujan Grisham brought Republicans and Democrats together to implement the first Gross Receipts Tax cut in 40 years, saving New Mexicans $195 million in the first year alone. She also signed legislation repealing most Social Security taxes to get relief straight to New Mexico’s seniors, saving them an average of $730 per year.

Making sure New Mexicans feel relief and can thrive is about more than tax cuts, it is also about making everyday items and services affordable. That is why Governor Lujan Grisham raised New Mexico’s minimum wage for the first time in a decade and guaranteed paid sick leave for all New Mexican workers and so no New Mexican would ever have to quit their jobs due to a medical emergency.

She also cut the cost of prescription drugs, reduced premiums, and eliminated copays for behavioral health. Governor Michelle Lujan Grisham also implemented universal pre-k and ensured every New Mexican who wants to go to college, or a certificate training program can do so – for free. Michelle even helped families in need cover their utility bills by getting homeowners the assistance they need Michelle is helping all New Mexicans grow right here in our state.

LEADERSHIP DURING THE COVID-19 PANDEMIC

Governor Lujan Grisham led one of the most effective COVID-19 responses in the country, defying New Mexico’s odds and leading to lower case numbers and fewer deaths than neighboring states like Arizona and Texas. While other states had limited test availability and result delays, New Mexico was one of the first states to begin and maintain a widespread COVID-19 testing program to limit the spread of the virus. Through the uncertainty of the pandemic, Governor Lujan Grisham mobilized New Mexico’s response to COVID-19 more effectively than many other states.

Governor Lujan Grisham demonstrated fearless and diligent leadership in the face of the COVID-19 pandemic, saving lives and protecting New Mexico’s booming economy. Throughout the pandemic, Lujan Grisham’s priority was keeping New Mexicans safe and ensuring New Mexico businesses received the support that they needed. Her strong leadership and decisive actions saved the lives of countless New Mexicans.

CONCLUSION

The general election is scheduled for Tuesday, November 8 and early voting begins on Tuesday, October 11.  Please vote for the election of Governor Michelle Lujan Grisham to a second term.

On Monday, October 3, Democrat Albuquerque City Councilors Louie Sanchez and Republican Trudy Jones introduced legislation to mandate permits and establish rules and regulations for the land use “Safe Out Door Spaces”.  It appears the ordinance will have the necessary votes to pass. Enactment is likely and exercise in futility having the  unintended consequence of the homeless avoiding the use of Safe Outdoor Spaces.

The new ordinance in part calls for registering tenants, completing a background check on the operator’s lists of who will be available to respond to complaints 24-7 and their experience working with the homeless.   There would also be rules and regulation governing tenant behavior.  Those rules include no drugs nor alcohol, an no violence.  It  will also mandate  a security plan and provide the threshold for removing a camper and provide  whether they can have guests and pets.  According to the ordinance, an initial permit of one hundred dollars will be required, and a fifty-dollar fee for renewals.

Councilor Loui Sanchez had this to say about the proposed ordinance:

“What we needed to do is we needed to make sure that we have an ordinance in place, a permitting ordinance to make sure that the citizens outside the encampments are safe, the people that are working the encampment, and also the people that are in the encampment are safe.”

 SPECIFIC RULES AND REGULATIONS PROPOSED FOR SAFE OUTDOOR SPACES

The ordinance is entitled “Safe Outdoor Space Operator’s Permit Ordinance”.   The ordinance will establish minimum operational standards and a system of operational permitting for Safe Outdoor Spaces in order to promote sanitation and the health, safety, and general welfare of Safe Outdoor Space occupants and the broader community. Designated spaces are provided to occupants at no charge.

Under the proposed  ordinance,  a Safe Outdoor Space is defined  as “a lot, or a portion of a lot, developed to  provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles.”  The Integrated Development Ordinance also defines Safe Outdoor Spaces (SOS) as city sanctioned homeless encampments with 40 designated spaces for tents that will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6-foot fencing and social services offered to the homeless.

A SAFE OUTDOOR SPACE OPERATOR  is defined as the owner or party otherwise responsible for a Safe Outdoor Space operation.

PERMIT APPLICATIONS

The new ordinance mandates that permit will be  Required  and that “No person shall operate any safe outdoor space without first obtaining, and maintaining, a safe outdoor space operator’s  permit …  .“   a prospective operator will be required to submit the following for each SOS  operator’s permit application:

1. A statement describing the operator’s experience working with people experiencing homelessness and managing organizations that work   with people experiencing homelessness;

 

2. The physical address of the safe outdoor space;

 

3. The name, phone number, email, and address of the operator or its 13 agent(s) who will be available twenty-four hours per day, seven days a week to respond to complaints regarding the operation or occupancy of the safe outdoor space;

 

4. Written consent to complete a background check on the primary Operator.

 

5. Persons with criminal backgrounds will be denied a safe outdoor space operators permit only to the extent authorized by the New Mexico Criminal Offender Employment Act., NMSA 1978 § 28-2-1 et. seq.

 

6. An operations plan for the Safe Outdoor Space.

The operations plan for a Safe Outdoor Space is to include the following:

1. The type and frequency of on-site resources and services to support the occupants of the safe outdoor space.
2. The process for checking in and registering tenants.
3. Site security and tenant safety.
4. Fire safety and fire evacuation.
5. Whether the site will be accessible to the general public, other than its tenants, and under what circumstances and during what hours.
6. A code of conduct for the occupants and tenants that, at a minimum address violent behavior, weapons, drugs and alcohol, and whether progressive warnings will be utilized before removal.
7. A pet policy that, to the extent pets are allowed, includes provisions to help ensure humane and sanitary conditions for pets.
8. A community commitment outlining how the operational policies will mitigate potential off- site impacts.
9. A policy to assist any person staying at a Safe Outdoor Space to obtain a government-issued identification card.
10. A wastewater and sanitation plan; and
11. A decommissioning plan describing the process and timeline 6 for termination of the use and closure of the site.

PETMIT DURATION AND FEES

Safe outdoor space operator’s permit will be valid for 12 consecutive months unless sooner terminated by the operator, or canceled by the City.  The application materials required pursuant must be resubmitted at the time of each requested renewal.  Under the ordinance, the City will collect a safe outdoor space operator’s permit fee of $100.00 for each initial permit, and $50.00 for the renewals thereafter.  The revenue generated will be used only to administer, manage, and enforce the ordinance.  Safe outdoor space operator’s permit will not be transferable and remain valid only so long as the person or entities listed on the operator’s permit continue to manage and oversee the safe outdoor space.

SAFE OUTDOOR SPACE OPERATING REQUIREMENTS

The following operating requirements are outlined in the proposed ordinance:

1. Each operator will be required to maintain an up-to-date registry of the current and past tenants of the safe outdoor space, together with an approved visitor registry identifying each non-tenant who accesses the site.

 

2. Each operator shall inspect the right-of-way and public spaces adjacent to or surrounding the safe outdoor space daily for the unlawful use or occupancy by non-tenants of the safe outdoor space and shall immediately report any such instances to the City using the 311 Citizens Contact Center.

 

3. Each operator will be required to coordinate with an appropriate non-profit organization to provide street outreach in areas adjacent to the SOS.

 

4. During the first 12-months of operation, each operator will be required to offer to  meet with the property owners within 660 feet of the safe outdoor space at 30 least once per month to review operations and progress of the site, and to  address questions, concerns, and ideas from the public.

 

5. Following the first 4 months of operation, each operator shall offer these meetings on at least a 1 quarterly basis.

 

6. Each operator must establish quiet hours for residents between the 3 hours of 10:00 pm and 7:00 am.

 

7. Safe Outdoor Space Operators shall not permit persons with a felony 5 assault/battery conviction to stay in a Safe Outdoor Space

The link to the quoted news sources and to review the unedited proposed ordinance is here:

https://www.krqe.com/news/politics-government/new-ordinance-would-create-rules-for-safe-outdoor-spaces/

ENFORCEMENT AND PENALTIES

The City shall give warning to any operator who is determined to be non- compliant with any section of this ordinance, or with the policies submitted with its safe outdoor space operator’s permit application. If the operator does not come into compliance after two warnings. the City shall revoke the operator’s permit. Upon revocation, the operator shall immediately commence with its decommissioning plan, and complete its decommissioning within 60 days of the revocation. Under the proposed ordinance, each Safe Outdoor Space Operator of any safe outdoor space already in existence upon the effective date of this ordinance must come into compliance within thirty days of the Effective Date.

“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 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”.

The PIT count uses the HUD definitions of “Sheltered”, “Unsheltered” and “Transitional Housing”.  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. It is the “unsheltered” that Safe Outdoor Spaces are targeting and designed to help the most.    

This year, the PIT count and survey was taken on January 31, 2022. The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire PIT report at this link:

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

The breakdown of Albuquerque’s homelessness on January 31, 2022  is reported as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

COMMENTARY AND ANALYSIS

The efforts of Democrat City Councilor Louie Sanchez and Republican City Councilor Trudy Jones proposing rules and regulations for Safe Outdoor Spaces no doubt is an effort to mitigate the damage such land use will do.  It’s also an obvious attempt to placate a general public who have strong hostility and mistrust of Mayor , the City Council and city departments who are viewed as mishandling the city’s homeless crisis and who are forcing Safe Outdoor Spaces down the throats of the general public without any input nor public support.

The “code of conduct for the occupants and tenants” is understood and are commendable but is unrealistic.  A code of conduct will likely be viewed by the homeless as too restrictive, especially by the mentally ill or drug addicted.  The restrictions to try and attempt to curtail violent behavior, weapons, drugs and alcohol at Safe Outdoor Spaces border on the laughable and reflects a misunderstanding of the population they intend to serve.

Simply put, many homeless do not want to be part of or be reintroduced into society.  They want to  be left alone, free from any interference from society, family and government and to live without rules and regulations. The homeless who suffer from mental illness cannot be forced or required to do anything for their own benefit without due process of law. Likewise, restrictions on visitations and access to the camp sights by the public may be viewed as a violation of civil rights.

The attempt to require a “pet policy” for the homeless tenants that includes provisions to “help ensure humane and sanitary conditions for pets” is embarrassing to the point of being downright laughable. It raises the question if the homeless will be required to follow the city’s animal welfare Humane and Ethical Animal Rules and Treatment Ordinance (HEART) that requiring animal vaccinations of pets, availability of food, water and restrictions on confinement of the animals.   It would far easier for the city policy to say “No Animals Allowed” at Safe Outdoor Spaces, but that would be common sense, something the City Council is not known for to any degree.

Placing the homeless in city sanctioned tent encampments is inhumane. Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

Placing the homeless in city sanctions tent encampments such as Safe Outdoor Spaces is inhumane. Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

 

This bog article is an in-depth analysis of the city’s homeless crisis and the city’s financial commitment to deal with it.  It includes identifying those who benefit from city contracts and discusses why Mayor Keller’s “all the above approach” to deal with the homeless is failing.  

KELLER’S “ALL THE ABOVE APPROACH” 

Since being sworn into office as Mayor on December 1, 2017, Tim Keller has made dealing with the city’s homeless a major priority. To that end, Keller has proclaimed an “all the above approach” to deal with the homeless. It’s an approach that is failing despite the millions spent with the homeless becoming more aggressive, more visible and more problematic for the community.   Keller says he is willing to consider “any ideas” to reduce the number of homeless, but his words and actions say otherwise.

Mayor Keller has implemented the following policies:

1. Increased funding to the Family Community Services Department for assistance to the homeless with $35,145,851 million spent in fiscal year 2021 and $59,498,915 million being spent in fiscal 2022  with the city adopting a “housing first” policy.

 

2. Establishing two 24/7 homeless shelters including converting the old Westside Jail into a 24/7 homeless shelter that has at least 450 beds and purchasing the Gibson Medical Center for $15 million to convert it into a 24/7 homeless shelter which will serve upwards of 1,000 homeless per day and has beds for upwards of 330 once it’s up and running.

 

3. Advocating and supporting Safe Outdoor Spaces (SOS) which are city sanctioned homeless encampments with 40 designated spaces for tents that will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6-foot fencing and social services offered. Keller set aside $750,000 for the encampments in his 2022 fiscal year budget with another $250,000 for further work. Under the Integrated Development Ordinance (IDO), 18 SOS encampments are allowed, 2 in each council district.  Keller vetoed a one-year moratorium on SOS encampments which was upheld by the city council.   The Environmental Planning Commission (EPC) held a hearing on pending repeal legislation and recommended the repeal and removal of Safe Outdoor Spaces in the Integrated Development Ordinance which is pending before the city council.

 

4. Adopted a “no arrest” policy of the homeless for violations of the city’s camping, trespassing and vagrancy laws with an emphasis on citations and giving the homeless 72 hours to vacate illegal campsite locations.

 

5. Allowed Coronado Park for 5 years to become a “de facto” city sanctioned homeless encampment and a public nuisance. Keller was forced to close down the Park in August because of violent crimes and environmental ground contamination concerns without any plan for dealing with the 75 to 125 homeless that were displaced.

 

Throughout all of his efforts and press conferences, Keller has never fully disclosed the actual number or homeless the city has been dealing with over the past 5 years nor the cities financial commitment he has made.  Private homeless care providers, many who have contracts with the city to provide services to the homeless, consistently claim the city has upwards of 4,500 to 5,000 homeless at any given time.

The problem is that the 4,500 to 5,000 figure is likely inflated with differing definitions for the homeless and near homeless given by the charitable organizations and government agencies. For example, the Albuquerque Public School system defines a child who does not give an actual home address as “homeless” with the APS school system saying there are upwards of 5,000 homeless children in the schools.  Those children are not necessarily living on the streets but do live in poverty.  The 4,500 to 5,000 figures for the homeless is not supported by the yearly federal government sponsored survey known as the “Point in Time Survey” which is used to qualify for millions in federal funding a year by the city.

2022 “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 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 and for governments to qualify for federal funding.

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 New Mexico Coalition to End Homelessness (NMCEH) was contracted by the city to do the 2022 survey and it released the 2022 PIT report in August.  This year, the PIT count and survey was taken on January 31, 2022. The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire PIT report at this link:

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

The breakdown of Albuquerque’s homelessness on January 31, 2022  is reported as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

2009 – 2022 PIT NUMBER OF HOMELESS 

In even numbered years, only sheltered homeless are surveyed for the PIT survey. In odd numbered years, both sheltered and unsheltered homeless are surveyed. The 2022 PIT report provides the odd number years of shelter and unsheltered homeless in Albuquerque for 12 years from 2009 to 2019 and including 2022:

2009:   2,002

2011:   1,639

2013:   1,171

2015:   1,287

2017:   1,318

2019:   1,524

2021:   1,567

2022:   1,311

The 2022 PIT data breakdown for the unsheltered for the years 2009 to 2022 is as follows:

Chronic homeless:  67% (homeless 6 months to a year or more)

Veterans:  9%  

First-time homeless:  38%

Homeless due to domestic violence:  16%

Adults with a serious mental illness:  46%

Adults with substance use disorder:  44%

(2022 PIT Report, page 7)

The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

A major and surprising takeaway of the past 4 surveys is the actual number of the city’s homeless has hovered between 1,311 to 1,567 over the last 5 years. The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 5 years. According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 2021, yet the public perception is that the city is overrun by the homeless and they have become far more agressive.

https://www.petedinelli.com/2022/09/22/2022-pit-city-homeless-count-256-fewer-homeless-1311-total-homeless-940-emergency-sheltered-174-transitional-housing-citys-homeless-crisis-and-visibility-aggravated-by-mayor/

CITY’S FINANCIAL COMMITMENT TO HOMELESS

During the 2021 fiscal year that ended June 10, 2021, the Family and Community Services Department and the Keller Administration spent $35,145,942 to assist the homeless or near homeless. Following is a breakdown of the line item contracts:

Emergency Shelter Contracts:  $6,421,989,

Mental Health contracts: $4,378,104,

Substance Abuse Counseling contracts: $2, 529,676

Homeless Support Services contracts: $3,624,213,

 Sub-Total contracts:  $16,953,982.

Affordable housing contracts for near homeless: $18,191,960

TOTAL SERVICES AND AFFORDABLE HOUSING: $35,145,942 

The link to the adopted 2021-2022

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

Mayor Keller’s 2022-2023 approved budget that began on July 1, 2023, significantly increased the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915.  Following is a breakdown of line-item contracts awarded:

Emergency Shelter contracts $6,025,544

Mental Health contracts: $3,773,860

Substance Abuse counseling contracts: $2,818,356

Homeless Support Services Contracts: 4,282,794

Sub-Total contracts: $16,900,554

Affordable Housing Contracts for near homeless:  $42,598,361

TOTAL SERVICES AND AFFORDABLE HOUSING: $59,498,915

The link to the 2022-23 approved budget is here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

EDITOR’S NOTE:  The postscript to this blog article contains a detailed listing of the various contracts and what charitable organizations are benefiting from those city contracts.  The listing is provided to gain an understanding of the financial commitment the city has made to assist the homeless and near homeless.

TWO CITY SHELTERS FOR THE HOMELESS

The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one that will be fully operational by Winter that will assist upwards 1,000 homeless and accommodate 330 a night. Ultimately, both shelters are big enough to be remodeled and provide far more sheltered housing.

WESTSIDE EMERGENCY HOUSING CENTER

It was on October 22, 2019 that Mayor Tim Keller announce that the Westside Emergency Housing Center (WEHC) would become a 24/7 homeless shelter. It is a “one-stop-shop” with service providers providing medical services, case management and job placement services. It costs about $4.5 million a year to operate the shelter with about $1 million of that $4.5 million invested in transporting people to and from the facility.

https://www.krqe.com/news/albuquerque-metro/city-plans-on-expanding-services-at-westside-emergency-housing-center/

The Westside Emergency Housing Center has upwards of 450 beds to accommodate the homeless on any given night. The shelter offers shelter to men, women, and families experiencing homelessness in Albuquerque. While staying at the WEHC, the homeless have access to a computer lab, showers, medical examination rooms, and receive three meals a day. The WEHC is a 24/7 operation and has a staff of 80 to assist those who stay at the shelter.  The shelter does connect men and women to permeant housing and other resources.

GATEWAY HOMELESS SHELTER

Since being sworn in as Mayor on December 1, 2017, Mayor Tim Keller made it known that building a new city operated homeless shelter was his top priority. Keller deemed that a 24-hour, 7 day a week temporarily shelter for the homeless critical towards reducing the number of homeless in the city.

Keller’s plan has always been to assist an estimated 300 more homeless residents and connect them to other services intended to help secure permanent housing. The new facility is intended to serve all populations of men, women, and families. Further, the city wants to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility is to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.  The goal is for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

On April 6, 2021, Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million.  Keller announced that the massive facility would be transformed into a Gateway Center Homeless Shelter.

Fast forward to August 16, 2022.  After a full 15 months of delay since the purchase of the sprawling Gibson Medical Center, it was announced the Keller Administration had finally secured the necessary zoning change to operate the facility as a 24-7 “homeless shelter.” The city went full speed ahead with the remodeling of the complex.

The city’s website on the center reveals that, for Phase 1, “the Shelter and Engagement Center portion of Gateway will serve 50 single adult women-identifying individuals , on a yearly basis, up to 200 individual women. The First Responder Drop-Off will make up to 1,500 transports a year to needed services.”

On September 3, it was reported that the ABQ Gateway Center will likely to open some time this winter.  The city estimates 1,500 people could go through the drop-off each year. The “dropoff  for the down and outs” will initially have 4 beds.  It is primarily imagined as a funnel into other services.  While that likely will include other on-site services, city officials say it will also help move people to a range of other destinations, including different local shelters, or even the Bernalillo County-run CARE Campus, which offers detoxification and other programs.

Interior demolition and remodeling of the 572,000 square foot building has been going on for a number of months to prepare the facility for a homeless shelter.  The beds for 50 women as planned and for the first responder drop-off is to come online this winter. The city plans to launch other elements of the 24/7 shelter by next summer.

According to Keller, the city’s plan is to continue adding capacity, with ultimate plan to have a total of 250 emergency shelter beds, and 40 beds for medical sobering and 40 beds for medical respite beds for a total of 330 bed capacity.

Counting the other outside providers who lease space inside the building, city officials believe the property’s impact will be significant. In responding to questioning, Mayor Tim Keller said this:

“How many people did Lovelace help every day [when it was a hospital]? The answer is about a thousand …  We’re on track to do roughly the same thing.”

According to the 2022-2023 approved city budget $1,691,859 has been allocated for various vendors to operate Westside Emergency Shelter Center.

The link to quoted news source material is here:

https://www.abqjournal.com/2529657/abq-gateway-center-likely-to-open-some-time-this-winter-ex-mayor-say.html

 REVISTING McCLENDON V. CITY OF ALBUQUERQUE

The federal case of McClendon v. City of Albuquerque is a class-action lawsuit filed on January 10, 1995, in the United States Federal District Court by detainees at the Bernalillo County Detention Center (BCDC) in Albuquerque. The 1995 class-action lawsuit alleged that gross overcrowding and racial discrimination at the jail violated the constitutional rights of inmates.

The federal class action lawsuit sought injunctive and declaratory relief enjoining the operation of the jail exceeding its capacity and operating it with deplorable living conditions. At the time the lawsuit was filed, the downtown 8 story Bernalillo County detention center, torn down late last year, had a maximum capacity of 800, but the jail was repeatedly overcrowded with as many as 1,200 inmates who were often doubled up and living conditions were abhorrent. The overcrowding became so bad that the federal court would hold weekly and monthly status conferences and order the release of nonviolent defendants to reduce the overcrowding at the jail.

On Thursday June 23, KOB-4 ran a story where Mayor Tim Keller claimed that when it comes to the homeless, his hands were tied.  Keller said the homeless at Coronado Park turned down services offered by the city. Keller claimed the homelessness crisis that plagues Albuquerque is not unique to New Mexico and said “federal protections” have made some criminal enforcement difficult.  With footage of the illegal homeless encampment at Coronado Park as an introduction backdrop to the KOB 4 report, Keller said this:

“But those people are there [at Corando Park] by choice, a 100% by choice and they are protected federally. Otherwise, this problem would have been gone in all American cities. … The law is the law and you know you want to see someone a lot more powerful than a Mayor to talk to a federal judge.”

During the June 22 meeting of the Albuquerque City Council, a city attorney explained the federal pressures the city is operating under. The city attorney cited federal cases arguing that they place limitations on the city. The main case cited by the city attorney when it came to enforcing the law and the homeless was McClendon v. City of Albuquerque. The city attorney said this

“[When it comes to] “quote, unquote” homeless crimes, those offenders are not allowed to be arrested as a primary intervention”.

The city attorney explained that when it comes to “homeless crimes”, ostensibly meaning illegal camping, criminal trespassing and loitering, those offenders are not to be arrested as the primary intervention. Under the settlement terms, police still have the option to issue citations and still have the discretionary authority to make felony and misdemeanor arrests as they deem appropriate and where the circumstances warrant.

The city attorney said this:

“We are trying to advise the best we can [of] the least expensive means to be the most productive and respect people’s civil rights. ”

 The link to the full 3 minute, 34 second unedited KOB story is here:

https://www.kob.com/new-mexico/unm-law-professor-weighs-in-on-mayors-claims-about-homelessness/

APD AND ACS DEPARTMENTS PLAY A CRITCAL ROLE

APD ostensibly is doing the best it can 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.

The Albuquerque Community Safety Department (ACS) was created in part to deal with the homeless and the mentally ill by using social workers and mental health experts to reach out and to deal with the homeless as a substitute for dispatching APD.  It is ACS that is actually dispatched to deal with homeless encampments.

Much more can be done with the coordination of resources and placing an emphasis on dealing with the mentally ill and the drug addicted in the form of civil commitments through the courts. APD and the ACS departments need should assume the responsibility to investigate and identify those homeless and drug addicted who are criminal offense repeat offenders and who pose an immediate danger to themselves and others. Under such circumstances, constitutional policing practices would have to be adhered to avoid violations of civil rights.  The goal would be to get the homeless identified into the civil judicial system for mental health commitment and drug counseling.

COMMENTARY AND ANALYSIS

The city has a moral obligation to help the homeless, especially the mentally ill and the drug addicted. The city is meeting that moral obligation with the millions in financial commitment that is being made with services and shelter offered to the homeless and provided through the Family and Community Services Department.

POINT IN TIME MOST ACCURATE COUNT OF CITY’S HOMELESS

Whenever the Point In Time report is released, the City’s Family and Community Services Department and the charitable service providers go out of their way to disparage the results of the PIT report by simply dismissing it as an “undercount, yet they rely upon it for federal funding and do not dispute the accuracy.

The postscript to this blog article contains a listing service contracts.  After review of the millions being spent, the likely reason for downplaying the survey results is the millions being spent and that are at stake for the department and the charitable service providers.  Their dismissive attitude is a reluctance to be questioned or challenged and be held accountable for how much money is actually being spent and the results they are achieving.

What cannot be refuted are the PIT survey statistics over the last 12 years are very consistent and do not support the contention that the City’s homeless count is anywhere near what they are claiming.  The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

A major and surprising takeaway of past surveys is the actual number of the city’s homeless has hovered between 1,311 to 2,000 over the last 12 years.  The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 12 years.  According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 22.  This is very surprising given the public perception that the homeless crisis has only gotten worse in the city under Mayor Tim Keller.

AMOUNT SPENT PER HOMELESS PER YEAR $15,171.05 FOR PROVIDER 

The amount the city is spending for services per year per homeless person who are receiving some sort of city services can be calculated for 2022-2023 budget year.  The 2022 PIT Report reflects that the number of emergency sheltered homeless is 940 with 174 in “transitional housing” for a total of 1,114.   Therefore, the city is spending a minimum of $15,171.05   per homeless person, per year through the charitable service providers alone calculated as follows:   $16,900,554 (total of service contracts for 2022-2023) DIVIDED BY 1,114 (940 Emergency Sheltered and 174 Transitional housing) = $15,171.05.

The $15,171.05 per person, per year is for services only by contracted providers and does not include the $4.5 million operation costs for the Westside 24/7 shelter nor the the budgeted operating costs for the new Gateway Homeless Shelter when it is fully operational.  Further, the amount does not include the  $42,598,361 allocated  for affordable housing and permanent housing for the near homeless or chronically homeless with the actual number of those receiving city funding being unavailable.

UNSHELTERED MOST VISIBLE AND MOST PROBLEMATIC

The 2022 PIT data breakdown for the unsheltered for the years 2009 to 2022 reports that 46% of the unsheltered suffer from serious mental illness and that 44% of the unsheltered suffer from substance abuse for a staggering 89% combined total. It is the 197 “Unsheltered” reported in the 2022 PIT who are the most visible and the most problematic for the city. It is these homeless who are refusing city services, who do not want to be housed in shelters and who essentially want to be left alone, to do what they want, when they want and how they want, including illegal activities and illegal camping.

KELLER BEARS THE RESPONSIBILITY

The homeless have become far more visible and far more aggressive with the public where they illegally camp in parks, on streets, in alleyways and in city open space areas.  Mayor Tim Keller bears the responsibility for the homeless crisis becoming far more visible for the reason that over the last 5 years the city and the Albuquerque Police Department under Keller’s orders have not enforced the city’s trespassing, vagrancy and nuisance abatement laws when it comes to the homeless. Keller essentially took a hands-off approach to deal with the homeless when it came to enforcing the city’s ordinances and laws as they relate to the homeless.

When the city does take action against homeless encampments, it affords upwards of 72 hours for the homeless to vacate the area they are illegally camping on and trespassing.   Even though as a community there is a moral obligation to help the homeless, it does not give the homeless the right to trespass, camp and break vagrancy laws whenever they want and wherever they want. It’s an absurdity for the City and APD to give 72 hours for the homeless to violate the law.   The city should be making offers for services and shelter available and should be making demands for immediate removal of an encampment under the threat of arrest.  Another option is to seek help from the courts.

Placing the homeless in city sanctions tent encampment as Keller advocates is inhumane. Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

CIVIL COMMITMENT HEARINGS

There are laws on that books that deal with when and under what circumstances formal civil commitment hearings can be initiated for 3-day, 7-day and even 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.

Both the City Attorney and the Bernalillo County District Attorney 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 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

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.

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.

RESET OPPORTUNITY

Mayor Tim Keller should consider the 2022 PIT report as a reset opportunity. The report found that the total individual unsheltered is 197 homeless which should be manageable by law enforcement.  It is likely these are the homeless who refuse to accept any kind of assistance and want to be left alone. Given the upwards of $100 million being spent over two years and the opening of the Gibson Homeless Shelter, Keller really has few excuses in his failure to dealing with the unsheltered and their public infiltration throughout the city.

Unlawful encampment homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to make it totally inconvenient for them to “squat” and force them to move on,  be arrested by APD or be subject to civil commitment hearings for evaluation to get them the medical care, attention  and services they need.

______________

POSTSCRIPT

It is the Family and Community Services Department (FCSD) that deals with funding of programs that deal with the homeless. The enacted approved 2022-2023 contains at least 33 Affordable Housing and Community Development Contracts administered by FCSD with a total of   $59,498,915   allocated for fiscal year 20220- 2023.  The listing of the contracts can be found on page 101  of the 2022-2023 approved budget.

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

An analysis of the various contracts and what charitable organizations are benefiting from city contracts are in order to gain an understanding of the financial commitment the city has made to assist the homeless and near homeless.

I. EMERGENCY SHELTER CONTRACTS

Following are the budget line-item listings for emergency shelter contracts:

Albuquerque Health Care for the Homeless (AHCH) is the only health care organization in Central New Mexico dedicated exclusively to providing services to people experiencing homelessness.   https://www.abqhch.org/

Albuquerque Health Care for the Homeless Motel vouchers for homeless persons: $6,180.

Albuquerque Health Care for the Homeless Motel vouchers for homeless persons: $95,391

SUB TOTAL FOR ALBUQUERQUE HEALTH CARE FOR THE HOMELESS: $101,571

Barrett House Shelter is an emergency shelter for women and children experiencing homelessness. https://www.barrettfoundation.org/

Barrett Foundation Shelter for women/children : $30,256

Barrett Foundation Shelter for women/children: $54,672

Barrett Foundation Motel vouchers for homeless persons:  $17,011

SUB TOTAL FOR BARRETT FOUNDATION: $101,939

First Nations Community Health Source Motel vouchers for homeless persons: $56,684

Good Shepherd Center Emergency Shelter Services:  $63,000

Heading Home is a Housing First collaboration of public, private and non-profit organizations who united in 2011 to end homelessness for individuals who have been chronically homeless and are medically vulnerable. More than 800 individuals and their family members have been placed in permanent supportive housing since the Albuquerque Heading Home initiative started in 2011.

https://headinghome.org/programs-overview/albuquerque-heading-home/

Heading Home Emergency shelter for people experiencing homelessness:  $214,992

Heading Home Emergency shelter for people experiencing homelessness:  $2,512,458

Heading Home – AOC Emergency shelter for men experiencing Homelessness: $39,000

Heading Home – AOC Emergency shelter for men experiencing Homelessness: $239,972

Heading Home – WEHC Emergency shelter for people experiencing Homelessness: $271,870

SUB TOTAL FOR HEADING HOME: $3,278,292

HopeWorks Motel Vouchers for Homeless:  $50,000

Interfaith Bible Center-Compassion Center Day shelter services for people experiencing homelessness: $142,000

S.A.F.E. House Domestic violence shelter:  $234,000

S.A.F.E. House Domestic violence shelter: $201,000

SUB TOTAL FOR S.A.F.E. HOUSE DOMESTIC VIOLENCE SHELTER:  $435,000

TBD- WEHC Various vendors to operate WEHC:  $1,691,859

TBD Displaced tenant services:  $40,000

TBD Emergency Shelter Contracts:  $65,200

Sub-Total Emergency for Shelter Contracts:  $6,025,544

 II. HOMELESS SUPPORT SERVICES

Following are the budget line item listings for homeless support services:

Albuquerque Health Care for the Homeless (AHCH) is the only health care organization in Central New Mexico dedicated exclusively to providing services to people experiencing homelessness.   https://www.abqhch.org/

Albuquerque Health Care for the Homeless Dental Services for people experiencing homelessness:  $229,760

Albuquerque Health Care for the Homeless Dental Services for people experiencing homelessness:  $67,400

Albuquerque Health Care for the Homeless Support services for persons experiencing homelessness or are precariously housed, behavioral health issues and history of incarceration (City/County Joint Jail Re-entry project):  $135,000

Albuquerque Health Care for the Homeless Improve Health Care Services to people experiencing homelessness: $65,000

Albuquerque Health Care for the Homeless Outreach and Health Services to People Experiencing Homelessness:  $220,000

SUBTOTAL FOR ALBUQUERQUE HEALTH CARE FOR THE HOMELESS: $717160

Albuquerque Public Schools APS Title I Services for Children Experiencing Homelessness:  $80,000

Barrett Foundation Supportive Services:   $25,000

Bernalillo County Transition coordinator and operations of City/County jail reentry program:  $79,310

Crossroads for Women Workforce Development and Behavioral Health Services for Homeless and/or Precariously Housed Persons: $50,025

Cuidando Los Ninos Supportive Housing and Case Management: $80,500

Cuidando Los Ninos Workforce Development and Behavioral Health Services for Homeless and/or Precariously Housed Persons: $79,975

SUBTOTAL FOR CUIDANDO LOS NINOS: $160,475

First Nations Community Health Source Street Outreach Coordinator: $65,000

Heading Home Support Services:  $230,000

Heading Home Supportive Services:  $360,000

Heading Home Supportive Services for ABQ Heading Home:  $195,000

Heading Home ABQ Heading Home Coordination: $55,000

SUBTOTAL FOR HEADING HOME SUPPORTIVE SERVICES: $840,000

Hope Works Meals for people experiencing or near homelessness:  $58,440

Interfaith Bible Center Warming/Compassion Center for people experiencing homelessness:  $136,456.49

New Beginnings/God’s Warehouse Pickup and Drop Off Center for WEHC residents: $12,000

God’s Warehouse Vehicle and Kitchen Equipment:  $290,000

SUBTOTAL FOR NEW BEGINNINGS: $302,000

 The New Mexico Coalition to End Homelessness works  with over 80 agencies and partner providers around the State to offer comprehensive services, housing options, resources, funding and advocacy to support homeless individuals and families. https://www.nmceh.org/

NM Coalition to End Homelessness COC Planning:  $108,079

NM Coalition to End Homelessness COC Coordination: $15,000

NM Coalition to End Homelessness COC Coordination: $31,100

NM Coalition to End Homelessness HMIS Coordination: $25,000

NM Coalition to End Homelessness Coordinated Entry System:  $155,000

NM Coalition to End Homelessness HMIS Coordination: $112,249

NM Coalition to End Homelessness Helpline:  $180,000

SUBTOTAL NM Coalition to End Homelessness:  $626,428

Supportive Housing Coalition Support services is for persons experiencing homelessness or who are precariously housed, behavioral health issues and history of incarceration (City/County Joint Jail Re-entry project):  $308,000

TBD Provide Housing, Case Management, and Counseling to Chronically Homeless and precariously housed persons with BH Diagnosis: $235,250

TBD Transitional housing and supportive social services: $154,500

TBD Provide Housing, Case Management, and Counseling to Chronically Homeless and precariously housed persons with BH Diagnosis:  $244,750

New Mexico Veterans Integration Center Community Support Shuttle: $140,000

Wells Park and Barelas cleanup:  $60,000

SUB TOTAL FOR  HOMELESS SUPPORT SERVICES  $4,282,794

III. MENTAL HEALTH CONTRACTS

Following is the budgeted line item listings for mental health contracts:

2nd Judicial Court Assisted Outpatient Treatment Court Proceedings and Program Oversight:  $224,988

Crossroads for Women Clinical Services for Assisted Outpatient Treatment Program $385,417 SAMHSA SS UNM Institute for Social Research Program Evaluation for Assisted Outpatient Treatment Program: $136,055

Legal Representation – Andrea Gunderson, Reynaldo Montano, Law Office of D. Renae Richards Charney, and TBD Legal representation for petitioner/respondents for Assisted Outpatient Treatment Program multiple contracts not to exceed total: $120,000

Legal Representation – Andrea Gunderson, Reynaldo Montano, Law Office of D. Renae Richards Charney, and TBD Legal representation for petitioner/respondents for Assisted Outpatient Treatment Programmultiple contracts not to exceed total:  $60,000

Casa Fortaleza Mental health services for survivors of sexual assault: $21,550

Heading Home Outreach services for homeless mentally ill:  $360,000

First Nations Community Health Source Outreach services for people experiencing homelessness & mental illness:  $70,000

Bernalillo County Community Health Council Public Health Initiative:  $270,000

Casa Fortaleza Mental health services for survivors of sexual assault:  $78,450

Rape Crisis Center of Central New Mexico Mental health services for survivors of sexual assault: $217,000

NM Solutions Assertive Community Treatment: $607,700

TBD Forensic Assertive Community Treatment:  $607,700

UNM- Health Sciences Center Assertive Community Treatment:  $615,000

SUB TOTAL MENTAL HEALTH CONTRACTS:   $3,773,860

 IV.  SUBSTANCE ABUSE CONTRACTS

Cathy Imburgia Program Coordinator for DOJ Opioid Grant:  $145,000

Peer Engagement Specialist(s) to work with AFR HEART team in engaging individuals into treatment services: $26,000

Cathy Imburgia Project Coordinator for Gateway to Recovery: $70,000

Heading Home Administration of Recovery Housing Vouchers and Vouchers: $128,750

Albuquerque Center for Hope and Recovery Peer Recovery Staff for Gateway to Recovery:  $179,300

TBD Interpretation services: $15,000

Unite Us Treatment provider network and services database: $145,000

TBD Treatment provider network database: $70,000

UNM – Institute for Social Research Determine effectiveness of Peer to Peer Project (DOJ Opioid Grant):  $15,000

Sheryl Philips and TBD Treatment provider: Clinical review of behavioral health services:  $24,990

Treatment Provider Network Voucher based substance use treatment services including meth: $63,127

Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions: $102,000

School based substance use treatment services: $187,500

UNM-HSC- Office for Community Health Intensive Case Management for persons experiencing substance use disorder: $607,500

First Nations Community Health Source Youth Substance Abuse initiative: $2,200

First Nations Community Health Source Youth Substance Abuse initiative:  $98,800

Treatment Provider Network Voucher based substance use treatment services including meth: $745,689

Healing Addiction in Our Community Transitional living and treatment for opioid and other addictions: $50,000

UNM Health Sciences Center- Office for Community Health Intensive Case Management for persons experiencing substance use disorder: $142,500

TOTAL SUBSTANCE ABUSE CONTRACTS:   $2,818,356

SUMMARY OF FUNDING

Emergency Shelter contracts $6,025,544

Mental Health contracts: $3,773,860

Substance Abuse counseling contracts: $2,818,356

Homeless Support Services Contracts: 4,282,794

Total of service contracts for 2022-2023:  $16,900,554

Affordable Housing Contracts for near homeless:  $42,598,361

TOTAL CONTRACTS AND AFFORDABLE HOUSING: $59,498,915

 The Gibson Medical Center that is currently being remodeled into the new Gateway Center is  home to 7 tenants, including three accredited hospitals, and various City of Albuquerque departments. Those tenants are:

AMG Specialty Hospital which is a long-term acute care hospital.

Haven Behavioral Hospital which is an in-patient and out-patient treatments for individuals struggling with mental health and substance abuse issues.

Turquoise Lodge Hospital which is operated by the NM Department of Health hospital and provides substance abuse treatment services to New Mexico residents.

Fresenius Kidney Care which provides education, support, and care for kidney health.

Zia Health Management which is an in-home medical care provider.

VIP Trauma Recovery Center, which is   a central hub to connect victims of violent crime to trauma recovery services.

The Encampment Outreach Team which secures ¼ mi radius around the facility and connects individuals in encampments to service.

The city’s Violence Intervention Program offices have also moved into the facility.

On October 3, the seemingly never-ending saga of Safe Outdoor Spaces continued at city hall when the Albuquerque City Council failed to override Mayor Tim Keller’s veto of the City Council’s attempted diversion of $1.25 million in funding for the operation of Safe Outdoor Spaces (SOS).  It was on September 12, that Mayor Tim Keller vetoed the city council measure that reallocated $1.25 million that was originally designated for Safe Outdoor Spaces.   The bill, which passed on a 5-4 vote, was sponsored by Republican City Councilor Dan Lewis with the funding reallocated to the city’s Gateway Center Shelter for services supporting homeless veterans.

A “Safe Outdoor Space” is a lot, or a portion of a lot, developed to provide designated spaces for occupancy with tents by the homeless or to park overnight vehicles used by the homeless.  The Integrated Development Ordinance (IDO) limits Safe Outdoor Space camps to 40 spots for tents and a total of 50 residents and makes them a temporary use.

It was on September 6 the City Council voted on a 5-4  and failed to override a Keller veto of  a 1-year moratorium on SOS homeless encampments.  At the same meeting,  City Councilor Dan Lewis sponsored the legislation to withdraw the city funding to operate them and divert the funding to existing homeless shelters to assist veterans.

Both times the city council failed to override Keller’s veto on a 5-4  because it did  not have  the necessary 6 votes to override his veto. Democrats Isaac Benton, Pat Davis, Tammy Fiebelsorn and Republican Trudy Jones voted  NO and Democrats Klarissa Pena, Louie Sanchez and Republicans Brook Bassan, Dan Lewis, Renee Grout voting YES to override the veto.

Links to news sources are here:

https://www.koat.com/article/albuquerque-council-funding-safe-outdoor-spaces/41507742

https://www.kob.com/new-mexico/albuquerque-city-councilors-fail-to-override-veto-to-reallocate-funding-for-safe-outdoor-spaces/

https://www.abqjournal.com/2537490/keller-wins-battle-over-safe-outdoor-spaces.html

APPEALS OF CITY APPROVED SAFE OUTDOOR SPACE STILL PENDING

It was on August 8, that the City Planning Department approved the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE, at  Menaul and Interstate 25.  The homeless tent camp will be for 40 woman who have been “victims of sex trafficking”.   

The Dawn Legacy Point Safe Outdoor Space was appealed by the following neighborhood association and businesses:

Santa Barbara Martineztown Neighborhood Association

Albuquerque Boca Hotel Limited Partnership dba Crown Plaza Albuquerque

Greater ABQ Hotel & Lodging Association

The Stronghurst Improvement Association

LifeRoots Inc.

Menaul School

The Reule LLC (Robert D Reule)

On September 28, 2022, an all-day hearing occurred on the appeals before a Land Use Hearing Officer. Each of the appellants cases were presented separately and consecutively with sworn testimony and evidence presented.

The main arguments made in opposition to the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite for victims of sex trafficking were as follows:

 

1. The application was “fast tracked” by the Planning Department to approve the application 8 days before the City Council repealed the Safe Outdoor Spaces zoning use on Aug. 16. 

 

2. The city failed to give legally required notice of the application to surrounding property owners and the neighborhood and failed to allow those property owners to give input and voice their opposition on how the neighborhood will be detrimentally affected. The hearing officer indicated in no uncertain terms that the city failed to give notice to adjoining property owners by failing to exclude “rights of way” (i.e, bordering streets and the freeway) to establish that a party had standing to appeal by being within 100 feet of the proposed encampment. The failure to give legal notice will likely result in litigation against the city.

 

3. The Planning Department unilaterally approved the application behind closed doors without notice to neighborhood associations or businesses or public hearing or input.

 

4. The city gave preferential treatment to the applicants, working with them to identify city-owned property to be used and with the city agreeing to fund operating costs and not affording others the same opportunity.

 

5. The security plan offered and approved by the city for the homeless camp is defective and insufficient for the campsite to ensure safety of the homeless and surrounding landowners and businesses.

 

6. The operation of the encampment will have a detrimental impact on the Martineztown-Santa Barbara neighborhood and businesses located in the area.

 

7. The homeless encampment will adversely affect and reduce property values and interfere with residents’ peaceful use and enjoyment of their properties. The neighborhood and businesses located in the area are already dealing with and suffering from the effects of the proliferation of homeless in the area which has contributed to the closure of businesses and lost revenues.  Occupants will not be confined during the day and will be free to go and come as they please and will wind up uninvited in the neighborhoods.

 

8. The encampment will be a magnet for crime, prostitution or illicit drug trade. The location of 1250Menaul Blvd, NE for a city sanctioned homeless tent encampment for victims of sex trafficking will result in it becoming a magnet for crime, prostitution or illicit drug trade. It’s located in close proximity to 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.

At the conclusion of the September 28 hearing, the hearing officer announced his intent to take the full 15 days to render a decision which then can be appealed to the City Council that has the ultimate authority to make land use decision. Mayor Keller will not have veto power over the decision.

EPC VOTES TO RECOMMEND TOTAL REPEAL OF SAFE OUTDOOR SPACE

It was on June 22 that legislation was introduced by city Councilor Brook Bassan at city council to repeal and to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO) after she originally voted to support the land use.  The repeal legislation was referred to the Environmental Planning Commision (EPC) for a full hearing and to make finds and recommendations.

On   September 15, the EPC voted to recommend a “Do Pass” recommendation to eliminate “Safe Outdoor Spaces” from the Integrated Development Ordinance (IDO).  The vote and the recommendations were to delete all references of Safe Outdoor Spaces in the IDO effectively outlawing the conditional land use anywhere in the city.

During the September EPC hearing, the main arguments made by those opposed to Safe Outdoor Spaces include the following:

1.The City Council amendment for Safe Outdoor Space is not well planned out.  Safe Outdoor Spaces will not be safe despite security plans and will be magnets for crime.

2. Safe Outdoor Spaces in the form of “tent encampments for the homeless” constitute temporary housing that has been found to be the least effective means with dealing with the homeless. Many city’s that once embraced city sanctioned homeless encampment such as tent encampments are abandoning them in favor of more permanent housing.

3. Safe Outdoor Spaces will be detrimental to the neighborhoods and surrounding business and interfere with the peaceful use and enjoyment of property, both private and public property, and will reduce property values and interfere with redevelopment efforts.

4. The Safe Outdoor Spaces provisions are not in conformity and contradict the numerous provisions of the Integrated Development Ordinance (IDO), including relating to “higher and best use” of property and the intent and goal of the IDO to have reasonable, responsible redevelopment provisions that do not hinder development.

5. Annual updates and amendments to the IDO, such as is the case with Safe Outdoor Spaces, are enacted without public support or input. The Integrated Development Ordinance (IDO) annual amendment process undertaken by the City Council is seriously flawed and is defective and does not allow for community input for major types of amendments affecting communities, such as Safe Outdoor Spaces.   There is no complete review of data coming from the Planning Department to the EPC for IDO Amendments.  Substantive amendments to the IDO are not being fully investigated and vetted by the Planning Department for recommendations to EPC as was the case with Safe Outdoor Spaces.

6. Safe Outdoor Spaces violates the city’s “Housing First”policy jeopardizing millions of dollars in federal funding by offering temporary housing and tent encampments to the homeless.  In the 2021 fiscal year, the city spent $40 million and in the 2022 fiscal year will be   spending $60 million to assist the homeless and much of the federal funding will be placed in jeopardy because of Safe Outdoor Spaces.

7. Safe Outdoor Spaces are nuisances and are in violation of city ordinances dealing with nuisance abatement on real property, especially property owned by the city.

At the conclusion of the September 15 EPC hearing, the EPC adopted upwards of 4 pages of very detail findings citing specific provisions of the IDO supporting their ruling to recommend the elimination of Safe Outdoor Spaces from the IDO.  Those finding outlined the provisions of the IDO that Safe Outdoor Spaces violate.  The specific findings of the EPC supporting the deletion of Safe Outdoor Spaces from the IDO are as follows:

“The request to remove Safe Outdoor Spaces (SOS) from the IDO would generally help to enhance, protect, and preserve distinct communities because it would ensure that SOS are no longer allowed City-wide.”

“The request to remove SOS from the IDO would generally help to protect the identity and cohesiveness of neighborhoods because it would ensure that the use is not allowed to be near neighborhoods.” 

“The request to remove SOS would be consistent in enhancing, protect, and preserving the long-tern health and vitality of neighborhoods because it would remove a use that is temporary, in some instances. A temporary use would not respect neighborhood values because the use is allowable in both Areas of Change and Areas of Consistency. Though only allowable in non-residential zone districts, the use would not stabilize neighborhoods or enhance their attractiveness.”

“The request to remove SOS from the IDO would generally continue to create and support healthy, sustainable and distinct communities because SOS would no longer be allowed Citywide, which in turn would protect the characteristics of distinct communities. SOS are allowed in a variety of non-residential or MX uses, as well as residential zones when associated with religious institutions, where higher density housing is allowed. By removing SOS as a use, higher density housing will continue to be encouraged on those sites.”

“SOS are currently allowed in all MX zone districts as conditional temporary uses and in NR-C, NR-BP, NR-LM and NR-GM as temporary uses, as well as residential zone districts when associated with a religious institution. The request to remove SOS form the IDO would ensure that SOS as a locally unwanted land use are eliminated, since they are allowed in a variety of zone districts in both Areas of change and Areas of Consistency City-wide.”

 “The request would generally ensure that the character and intensity of development in Areas of Consistency is reinforced by removing SOS from the IDO because the use is currently allowed in areas of consistency with minimal design standards. Furthermore, growth that is desired in areas of change would be generally encouraged in zone districts that SOS are currently allowed on.”

“The request would raise the sufficient land available to accommodate projected employment growth City-side by eliminating Safe Outdoor Spaces. SOS are currently allowed in a variety of non-residential zone districts that could otherwise be developed as businesses.”

The EPC recommendation will  be referred to the City Council Land Use and Zoning Committee (LUPZ) for further hearings and ultimately the legislation will be presented for a vote to the full City Council.  It is the City Council that has the ultimate and final authority over land use issues.

 COMMENTARY AND ANALYSIS

There is, prolonged political battle being waged between the city’s elected officials and a hostile general public that centers upon “Safe Outdoor Spaces” which are city sanctioned tent encampments for the homeless. On one side of the contentious dispute are Mayor Tim Keller and City Councilors Isaac Benton, Pat Davis, Tammy Fiebelcorn and Trudy Jones and Keller’s City Departments who are determined to have “Safe Outdoor Spaces” (SOS).  They are determined to force the land use down the public’s  throats without public input and contrary to hostile public opposition.

On the other is the general public who by have very legitimate concerns that the tent encampments will be magnets for crime, such was Coronado Park, and be allowed to fester.  This is not an issue of “not in my back yard”, but one of hostility, mistrust and failed communications by elected officials and city departments who are viewed as mishandling the city’s homeless crisis. The general public is extremely hostile to the temporary tent encampments, yet the mayor and city councilors simply ignore them.

Mayor Tim Keller vetoed a 1-year moratorium on SOS an vetoed the council’s diversion of $1.25 million originally designated for homeless encampments.  The city council failed to override both vetoes not having 6 votes because of Benton, Davis, Fiebelcorn and Jones. On September 25, the City Environmental Planning Commission voted to Eliminate SOS from the Integrated Development Ordinance effectively outlawing the conditional land use anywhere in the city.   The legislation will be forwarded to the City Council where it will likely pass on a 5-4 vote.  Mayor Keller is expected to veto the ban.  The City Council is expected to fail again to override the veto with a 6-3 vote with Trudy Jones being the swing vote as she was when she change her mind to support SOS.

The City’s nuisance abatement ordinance defines nuisance in terms of real property stating “Any parcel of real property, commercial or residential … on which … illegal activities occur, or which is used to commit, conduct, promote, facilitate, or aide the commission of … any [felony or misdemeanor.] … It shall be unlawful for any owner, manager, tenant, lessee, occupant …  in real property … to intentionally, knowingly, recklessly, or negligently … promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using the … property . … “

Safe Outdoor Spaces violate the city’s “housing first” policy jeopardizing millions of dollars in federal funding offering tent encampments to the homeless. In the fiscal year 2021 the city spent $40 million and in the 2022 is spending another $60 million to assist the homeless. Given the millions spent, SOS are not needed.

Safe Outdoor Spaces are not the answer to the homeless crisis and will be a disaster for the city as a whole. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.  They will destroy neighborhoods and make the city a magnet for the homeless.  They will destroy the city’s efforts to manage the homeless through permanent housing and support services to the homeless.

On February 26, 2021, the United States District Court for the District of New Mexico granted a joint motion filed by the United States Department of Justice (“DOJ”) and the City of Albuquerque (“City”) with the concurrence of the Independent Monitor (“IM”) by entering a Stipulated Order Establishing an External Force Investigation Team (EFIT).  The EFIT is an outside team of experts that investigates APD officer involved “Use of Force” cases.

The External Force Investigation Team was created when the Federal Monitor found that APD intentionally did not investigate 667 of use of force cases.  A Court Order was agreed to by the city to establish the EFIT and its mission after the DOJ made it know it was prepared to seek contempt of court for willful violation of the Court Approved Settlement Agreement (CASA) and seek sanctions against the city.

HOW EFIT WORKS

EFIT is on call 24/7 and must respond to all call outs within one hour of notification. All Use of Force (“UOF”) investigations must be completed within 60 days with an additional 30-day supervisory review period for a total of 90 days from start to finish.  EFIT must conduct joint investigations with APD Internal Affairs Force Division (“IAFD”) of all Level 2 and Level 3 Use of Force incidents.   The joint investigations include all Tactical Deployments where Use of Force is utilized. EFIT must also assist APD with training concerning the UOF. The EFIT Executive Team worked with APD IAFD to establish a detailed IA Investigative Process Narrative that governs the response protocols to any Level 2 and 3 UOF cases.

On March 21, 2022, an Amended Stipulated Order Establishing the EFIT was agreed to by the parties. The Amended Stipulated Order modifies the EFIT in two ways:

First it requires the EFIT to investigate all use-of-force incidents occurring between January 1, 2020, through July 16, 2021, that APD did not investigate, in full or in part, in violation of the Court Approved Settlement Agreement (“CASA”)

Second it extends by 24 months, from May 2022 through May 2024, the period during which the City shall continue to engage EFIT to assist IAFD to investigate new Level 2 and Level 3 use-of-force incidents

SECOND EFFIT TEAM CREATED, STAUS OF BACKLOG

Pursuant to an  Amended Stipulated Order the City drafted a contract for EFIT to establish a secondary team (“EFIT 2”) to investigate and address a  667 backlog of cases. The EFIT 2 Team is now fully operational and has established an approved methodology and commenced investigating and closing the backlog cases. Following is the status of those cases:

Total Backlog: 667

Cases Assigned to EFIT Investigators: 43

12 UOF Investigations Previously Completed by IAFD Assigned to EFIT:  12

Sub-Total: 52

12 UOF Investigations Previously Completed by IAFD Closed by EFIT:  12

EFIT Investigators – UOF Investigations Closed 14

Total Completed:  27

Investigations Pending:  640

External Force Investigation Team Fourth Quarterly Report, page 41.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

 MAJOR HIGHLIGHTS OF EFIT FOURTH QUARTERLY REPORT

On August 23, the External Force Investigation Team (EFIT’S) filed its fourth quarterly report for the time period of April 22, 2022, August 5, 2022. The document is 45 pages long with the link to the document here:

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

EDITOR’S NOTE: This blog article concentrates on the statistical information contained in the report and does not report on the management issues and decisions made.

 STATISTICS CITED

The External Force Investigation Team   fourth quarterly report provides a table outlining the number of Use of Force cases investigated, time taken to complete the investigation, including supervisory review, and the percentages where the investigation were found out of compliance.  Following is the data gleaned from the table for each time period:

From October 1, 2021 to Dec 31, 2021 there were 111 use of force cases taking an average of 55.35 days to investigate, 24.94 days for supervisor review, for a total of 88.37 days to investigate and close, with 27.02% found out of compliance and 9.90% out of APD Use of Force Policy.

From January 1, 2022 to March 31, 20222022 there were 103 use of force cases taking an average of 53.63 days to investigate, 18.71 days for supervisor review, for a total of 87.88 days to investigate and close with 60.19% found out of compliance and  7.76% out of APD Use of Force Policy.

From April 1, 2022 to June 30, 2022 there were 103 use of force cases taking 53.03 days to investigate, 16.02 days for supervisor review, for a total of an average of  85.39  days to investigate and close with 22.33% out of compliance and 5.82% out of APD Use of Force Policy.

From July 1, 2022, to August 18, 2022 there were 55 use of force cases closed taking an average of 51.13 days to investigate, 18.26 days for supervisor review, for a total of 86.67 days to investigate and close with 14.54% out of compliance and 5.54% out of APD Use of Force Policy.

External Force Investigation Team Fourth Quarterly Report, page 21.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

During the quarterly reporting period of April 22, 2022 to August 5, 2022, APD experienced 4 Officer Involved Shooting incidents, 2 accidental discharges in addition to 15 tactical activations, 3 use of K9 , 22 use of a tazer, and 12 involving an impact weapon. EFIT previously identified numerous issues regarding these cases. Specifically, during this most recent quarter, EFIT observed and/or discovered that IAFD made a noticeable improvement with the way IAFD is handling Officer Involved Shootings and other complex investigations.

As of 4^th quarterly report, 26 out of the 361 or 7.20% of the Use of Force investigations closed by the External Force Investigation Team (EFIT) and the Internal Affairs Force Division (IAFD) were found to be not within the APD Use of Force policies.  This is a reduction from the 9.17% reported in the previous quarterly report.

Most significantly, 121 out of the 361 or 33.51% of the UOF investigations closed by EFIT/IAFD were out of compliance when evaluated against the Process Narrative utilized to assess investigations.  This is a reduction from 44.45% reported in the previous quarterly report. While this is still an obvious concern for IAFD EFIT, the EFIT was  very encouraged by the approximately 11-point reduction.

As August 5, 2022, EFIT/IAFD responded to, and are investigating, a total of 502 Use of Force incidents. These investigations were completed on an average of 53.84 days. In addition, 361 Use of Force investigations were closed, 26 averaging a total of 87.10 days for closure. The 502  UOF incidents to included 15 Officer Involved Shootings (“OIS”) and 3 referrals to the Multi-Agency Task Force (“MATF”) with 9 for potential criminal violations. EFIT/IAFD completed 361 investigations all within the 90-day time period outlined in the Amended Stipulated Order.

Although there has been improvement with the time in completing the investigations, EFIT remained concerned that these averages are too close to the maximum range and remain too high if EFIT is to complete its Court ordered mandate. Supervisor reviews remain at an average of 20.81 days. Of the UOF cases closed (361), 26 UOF cases were out of APD Policy, or 7.20%, 28 and 121 of the 361 investigations or 33.51% failed to comply with the Process Narrative.

Since its inception, EFIT assumed 13 UOF investigations, but only 2 during the current reporting period as those investigations became close to violating the stipulated timelines but assumed only one case during this reporting period.

The EFIT noted and reported that it witnessed a marked improvement in the workings of IAFD.  According to the EFIT, while there remains a great deal of work to be done, the tone and tenor within IAFD has improved substantially in this reporting period.

The EFIT also noted previous concerns regarding supervision and sustainability. It appears that APD is taking this issue seriously and EFIT welcomed the addition of Commander Scott Norris to head the IAFD Department. According to the report, the EFIT is working closely with Commander Norris.

The EFIT reported that the intention of the report is to provide the Court with a better understanding of the successes, recommendations and the failures of APD, particularly IAFD.  To quote the report “It is EFIT’s goal to teach, mentor and professionalize IAFD so that when EFIT’s assignment is completed, EFIT leaves the City with a sustainable division that investigates UOF incidents in a timely and professional manner.”

STAFFING

 As of August 5, 2022, the Internal Affairs Force Division (IAFD) must be staffed with 25 Detectives/Investigators. Currently IAFD has 15 civilian Investigators and 14 Detectives.  However, it is anticipated that by the end of the current year, IAFD may lose several of the most experienced personnel due to retirements, promotions, and Officers requesting transfers to field divisions and specialized field units.

The APD Chief authorized the staffing of IAFD to be increased in anticipation of the expected loss of an additional 7 sworn personnel. While these staffing levels must be maintained under the Amended Stipulated Court Order, EFIT  continue to express concern that these numbers tend to fluctuate and retention of both sworn and civilian personnel is a constant concern as IAFD moves extremely close to falling below required staffing levels.

As of August 5, 2022, IAFD is currently staffed as follows:

11 Sworn fully trained.

2 Sworn on leave (counted in the 11 above)

2 Sworn in PRU31 (not counted of the 11 above)

1 Sworn Vacancy

10 Civilian Investigators fully trained

1 Civilian Investigator in training

1 Civilian Investigator on leave

1 Civilian working on FRB preparation work (not counted in the 10 above);

4 Sergeants.

1 PRU Sergeant.

2 Acting Sergeants.

0 Lieutenants.

1 Acting Lieutenant

2 Deputy Commanders

2 Acting Deputy Commanders.

4 Support personnel.

The IAFD was authorized to hire 7 civilian investigators. 3 have a hire date and one is pending a hire date; thus, 4 are pending.

External Force Investigation Team Fourth Quarterly Report, page 33.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

COURT HEARING SCHEDULED

A Federal Court “Status Conference” hearing on the fourth External Force Investigation Team report is scheduled for Wednesday, October 5, 2022, beginning at 1:30 pm in  the Vermejo Courtroom, on the fourth floor of the Federal Courthouse in downtown Albuquerque, 333 Lomas Blvd., NW, between 3^rd and 4^th Streets, NW.  The hearing is open to the public.  You can also attend the status conference by Zoom Video by sending  an  email with your full name and email address to Ms. Annamarie Maresca, the Paralegal Specialist who works with the DOJ team on this case, at Annamarie.Maresca@usdoj.gov by noon on Monday, October 3, 2022.

EFIT’s next quarterly report will be filed with the Court on November 16, 2022.  It will to will contain an analysis of issues based on the findings of both APD and the Use of Force compliance unit and case investigative compliance.

15TH FEDERAL MONITOR’S REPORT ON APD REFORM COMPLIANCE

On May 11, Federal Court Appointed Independent Monitor James Ginger filed his 15th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 15th Federal Monitors report is a 332-page report that covers the 6-month time frame of August, 2021 to January, 2022. The link to review the entire report is here:

https://www.cabq.gov/police/documents/910-220511-imr-15.pdf

The Federal Monitor reported that as of the end of the IMR-15 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100%
Secondary Compliance: 99%
Operational Compliance: 70%

These are the highest compliance level numbers since the Court Approved Settlement agreement was entered into in 2014. The 15th Federal Monitors report is also a dramatic reversal from the past 3 monitor reports that were highly critical of the Keller Administration and the Albuquerque Police Department.

The Federal Monitor Ginger said that the quality of writing and accuracy of investigations of police use of force cases has improved greatly since the creation of the External Force Investigation Team which has streamlined reviews of use of force and investigations by upper-level staff.

The Federal Monitor said this in his 15th report about EFIT:

“… optimism should be tempered by recognition of administrative and cultural obstacles that persist. … Eventually, EFIT will pass oversight responsibilities back to APD, which will test APD’s ability to sustain the obvious progress made with day-to-day external oversight.”

The link to quoted news source material is here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

DEPARTMENT OF JUSTICE AGREES TO ALLOW APD TO SELF MONITOR

On September 15, 2022 it was reported that the Albuquerque Police Department and the U.S. Department of Justice (DOJ) have formalized and agreement that will allow APD to oversee police reform mandated on their own. The DOJ has been monitoring those efforts since 2014 after a DOJ investigation found a pattern of excessive force and deadly force and a “culture of aggression” within APD, especially when dealing with the mentally ill.   Over the summer, the City and the DOJ had reached the agreement, but APD needed time for formulate and implementation plan of how it would work. The partis filed the joint notice and a 47-page plan in federal court on September 15.

The Federal Court Approved Settlement (CASA) has 276 paragraphs, each detailing different areas and mandating reforms.  The APD and the DOJ formalized self-reporting agreement covers 61 of the 277 total paragraphs in the CASA or nearly a quarter of the oversight requirements.  Federal Independent Monitor James Ginger will continue to assess some aspects of APD’s progress, but many aspects will now be under APD’s own oversight, essentially loosening the grip the U.S. Department of Justice

According to the Federal Monitor’s reports, APD has maintained compliance in several areas for the last few years. APD will now assume self-monitoring in the following areas of the Court Approved Settlement Agreement (CASA):

• The Multi-Agency Task Force used to investigate police shootings
• Specialized Units like the SWAT team
• The Behavioral Sciences Section.   This will involve APD coordinating with the Mental Health Response Advisory Committee to develop crisis intervention training. APD will look at the current training plans for crisis intervention procedures and report meeting minutes with the Mental Health Response Advisory Committee.
• The Field Training and Evaluation Program which includes recruiting, hiring and promotions
• Public Information process on Civilian Complaints
• Staffing, including a required staffing study
• Recruitment and Hiring
• Performance Evaluations and Promotions
• Officer Assistance and Support

Some of the measures are considered “quantitative in nature” and can be measured in numbers. Other measures of compliance are “qualitative” such as APD recruits having a way to provide feedback during field training with APD relying on recruit critiques to assess progress.

REACTION TO SELF MONITORING AGREEMENT

The City and the DOJ were quick to react to the agreement.

Mayor Tim Keller had this to say:

“This agreement marks a huge milestone for our police department and our city and should be noticed as a significant accomplishment in the reform process. …  As this process has not been easy for our officers, we did not give up on getting through the challenges and have done so in a way that is sustainable for our police department and its dedicated staff.”

U.S. Attorney Alexander Uballez for the District of New Mexico also commended the work APD has done and said this

“Successful self-assessment is the cornerstone of true reform, and the Albuquerque community should expect no less … Together, we will realize the goals set out by this community, through mutual agreement, seven years ago.”

APD Chief Harold Medina for his part had this to say:

“I am pleased we have finally found a light at the end of the tunnel in the reform process. … We overcame many challenges to get to this point. I appreciate the acknowledgement from the DOJ of our progress and our commitment to reform at APD.”

Links to quoted news sources are here:

https://www.kob.com/new-mexico/apd-doj-formalize-agreement-to-self-monitor/

What’s next for Albuquerque police after DOJ ‘loosens grip’ on oversight? (krqe.com)

https://www.abqjournal.com/2532494/apd-doj-formalize-agreement-to-self-monitor-some-reform-requirements.html

COMMENTARY AND ANALYSIS

It is disappointing that only 43 of the 667 backlog of cases have been resolved with 640 remaining.  With the passage of time, those investigations become far more difficult, and no disciplinary action can be taken leading to the questioning if anything substantive will actually be accomplished with APD and its reform efforts other than carrying out a demand that the DOJ has made?

Notwithstanding, significant progress has been reported in the   EFIT  Fourth  Quarterly report.  With APD assuming self-monitoring in one third of the court order reforms, and after over 7 years of implementing the mandating DOJ reforms, and millions spent on training, APD appears to have finally turned the corner on implementing the 271 mandated reforms. APD Chief Harold Medina’s goal to attain full compliance within two years commendable, but in reality, means the public needs to brace itself for the DOJ being around for at least 4 more full years.

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Primary Compliance is now at 100%, Secondary Compliance is now at 99% and Operational Compliance is now 70%. The problem is APD also has a history of improving compliance levels taking major steps forward only for it return to previous lower levels.

 

The first debate between Democrat Governor Michelle Lujan Grisham who is seeking a second term and TV Weatherman personality Republican Mark Ronchetti was billed by Channel 4 as an anticipated heated exchange, and the candidates did not disappoint. Libertarian Party candidate for Governor Karen Bedonie was not invited to debate.  The debate was moderated by Channel 4 reporters Tessa Mentus and Matt Grubs. Both candidates intensified their attacks on each other, sometimes getting very personal.

Recent polls show that Ronchetti is trailing in the race by between 4% and 7% with one poll suggesting that Governor Lujan Grisham has a 12% lead.  The polls also revealed that abortion, crime, the economy are the top 3 issues in the race.

It came as no surprise that Ronchetti, who spoke first, seized the chance to slam the Governor on New Mexico’s high violent crime rates and the shutdown of businesses and in-person schooling during the peak of the pandemic.

Lujan Grisham for her part stood her ground and pushed back sharply offering herself as battled-tested leader willing to make tough decisions in contrast to an opponent who’s never held office before and who has never had to make tough decisions in times of crisis.

DEBATE TOPICS

The debate itself covered a wide range of subjects including crime, abortion, the state’s education system, the economy, the judicial system and the pandemic.  Both stood their ground and exchange accusations and at times personal insults.

ABORTION

Abortion is considered the defining issue in the race.

In 2021, Lujan Grisham helped legislators repealed the dormant 1969 statute that had outlawed abortion procedures as felonies.  The 1969 criminal law could have been enforced following the Supreme Court decision overturning Roe v. Wade.

Lujan Grisham had this to say:

“If Mark Ronchetti was governor today, abortion would be illegal in the state of New Mexico. … Because I’m governor, abortion is legal in the state of New Mexico.   As long as I’m governor, a woman’s constitutional right to privacy to make her own highly, deeply personal decisions about her health care and her family’s will stay legal. … The fact that anyone should get to vote about my personal health care decision is quite frankly outrageous.”  

Ronchetti has insisted on the campaign trail that he would not seek to ban abortion entirely despite his personal anti-abortion views. Ronchetti is advocating for a ban on abortions after 15 weeks of pregnancy with exceptions for rape, incest and risk to the physical health of the mother proposing a statewide referendum on abortion restrictions.

“Everybody in the state of New Mexico should be able to vote on it and come up with something that fits our shared values.”

In mid-July, Mark Ronchetti’s promise on the campaign trail that he would not seek to ban abortion entirely was seriously discredited when Legacy Church Pastor Steve Smothermon told his Christian fundamentalist “mega church” congregation in a Sunday sermon that Ronchetti personally confessed to him in private that he made the promise only to get elected.  Smothermon was quoted as saying:

“[Mark Ronchetti] said, ‘listen, I just want to start with getting rid of partial birth abortion in the whole state’–which we should be happy with–and he said ‘but I can’t just go in and do it 100% because I won’t ever get elected.’ He said I just want to start but his goal would be to end abortion in New Mexico. Just so you know.”

Lujan Grisham for her part said in rebuttal that Ronchetti has shifted his positions on abortion “more than the weather changes right here in New Mexico.” Lujan Grisham also said no politician, no voter and no government has any right to tell a woman if she should have an abortion.

CRIME AND CRIMINAL JUSTICE

Ronchetti focused on New Mexico’s high violent crime rate pointing out that the state is second in the nation in 2020.  Ronchetti faulted the governor on crime and public safety. He accused the Governor of appointing judges who are “soft on crime” and made it more difficult to be a police officer. He accused her of not trying hard enough to secure legislative approval to revise the state’s bail system for criminal defendants.

Ronchetti said this:

“We have soft-on-crime judges and we still have catch-and-release. … If you think the system is broken, she is the head of the system. … There has to be a change here — she hasn’t taken crime seriously.”

Lujan immediately shot back suggesting Ronchetti has only superficial plans for tackling complex problems and said this:

“Bold words from someone who’s never even been to a legislative session.”

Ronchetti ridiculed the governor as out of step with the struggles of ordinary New Mexicans and acted with sarcastic faux indignation at the idea that he had not spent time at the Capitol to understand New Mexico’s problems. Ronchetti said this:

“Are you kidding me? Everybody in Albuquerque lives it. We live it — we live the crime everyday. … You don’t have to go to the Roundhouse.”

A voter-approved constitutional amendment in 2016 made it harder to deny bail while defendants await trial.   Lujan Grisham did attempt to make changes to the law of pretrial detention, but the legislature failed to adopt a “presumption of being violent” standard to hold defendant charged with a violent crime in jail pending trial.

Governor Lujan Grisham was also critical of the state’s bail system but also pointed to accomplishments that will improve the judicial system.  She noted that she signed legislation that boosts retention pay for municipal police and sheriff’s deputies, bestows million-dollar death benefits for relatives of police killed in the line of duty and expanded intervention programs to rein in gun violence. Lujan Grisham had this to say:

“We’re giving our police officers the raises and dignity they deserve, the professional development training, the tools to keep them safe, the equipment and vehicles, a new crime lab.”

PUBLIC EDUCATION

When asked about education, both candidates agreed that smaller class sizes would help boost New Mexico student outcomes. Ronchetti focused on New Mexico’s dismal academic proficiency rates for students.

But neither Ronchetti nor Lujan Grisham laid out a plan to respond to the 2018 landmark public education court decision Martinez-Yazzie that found New Mexico was failing to meet its constitutional obligation to provide an adequate education to all students, particularly Native Americans and English-language learners.

Lujan Grisham urged the public to support her increase in new state spending in public education and college subsidies, arguing the small businesses crave a prepared workforce. Lujan Grisham said this:

“We’ve invested billions of dollars into public school classrooms and to the pay raises for teachers and to expanded pre-K and daycare and … tuition-free higher education for thousands of New Mexicans.  The seeds are planted. Positive change is truly our destiny.”

THE ECONOMY AND STATE REVENUES

Ronchetti repeatedly asked viewers if they thought they were better off amid pressures of inflation, and whether they could feel the effects of the governor’s programs. Ronchetti said this:

“Have you felt it in your bottom line? Do you look at things now and say, ‘yes, I can afford what I need to afford. … A lot of your programs are not making a difference for people on the ground.”

Lujan Grisham responded by noting her administration this year delivered tax cuts on sales and gross receipts, along with tax rebates of up to $1,500 per household, touting her ability to work with a Democrat-led Legislature. Lujan Grisham said this:

“He says he proposes it, I already did it.”

On the issue of the state’s projected $2.5 billion in “new” revenue for the coming budget year, Lujan Grisham attributed the windfall to her administration’s efforts on the economy and she said this:

“These record revenues are because our economic policies worked.”

However, legislative economists have said that roughly two-thirds of the projected revenue growth is expected to come directly from oil and natural gas receipts.

THE PANDEMIC

As expected, Ronchetti took issue with the Governor’s handling of the pandemic with business closures and school closings saying how it damaged the state’s economy and education system. However, Ronchetti failed to elaborate on exactly what he would have done differently.

Lujan Grisham acknowledged the pain of the pandemic and state’s largest wildfire.  But she said her experienced as a leader was needed in the time of crisis and she said this:

“We’ve come a long way in four years. … As New Mexicans we’ve been through a lot. I remain steadfast in my optimism about what comes next.”

Links to quoted news source materials are here:

https://www.kob.com/new-mexico/recap-lujan-grisham-ronchetti-highlight-differences-in-kob-4-debate/

https://www.usnews.com/news/best-states/new-mexico/articles/2022-09-30/1st-debate-highlights-stakes-in-new-mexico-race-for-governor

https://www.abqjournal.com/2536902/gov-candidate-clash-in-testy-tv-debate.html

COMMENTARY AND ANALYSIS

Like it or not, physical appearances and mannerism do make an impression in live TV debates.

Not at all surprising is that Mark Ronchetti, a longtime TV personality and former meteorologist for KRQE Channel 13, looked comfortable on camera wearing a dark suit and tie that stood out which is in sharp contrast to the blue jeans and dress shirt he is known to wear on the campaign trail.  During the debate, he frequently came across as downright angry and his over pronunciation of words gritting of his teeth was annoying.  What was downright unprofessional was Ronchetti’s exaggerated, childish facial expressions he made to show his displeasure with the Governor and make a point when he did not like what the Governor was saying in response to questions.

Lujan Grisham, a former congresswoman with lengthy TV debate experience, for her part did a good job in pivoting from Ronchetti’s attacks and pitched her experience in office.  What was annoying is that she wore a light blue outfit that seem to have her blend into the TV backdrop as she was forced to speak around a TV microphone that obstructed a clear view of her.

Ultimately, there were no major gaffs by either candidate and the debate did not produce a clear winner.  Given the fact the debate occurred on a Friday night at 7:00 pm on Channel 4, the likely viewership was very low and had no impact on the race.  Las Cruces is not within Channel 4’s market media and therefore the residents of the state’s second largest city were unable to see the debate.

Absentee voting begins October 11.   Election Day is November 8.