On Sunday, November 7, the Albuquerque Journal published the following guest editorial column:

HEADLINE: “Criminal justice system in metro is not ‘broken’; Problem is stakeholders failing to do their jobs
BY PETE DINELLI
FORMER ALBUQURQUE CITY COUNCILOR AND CHIEF PUBLIC SAFETY OFFICER

“On September 23, Mayor Keller concluded a conference dubbed the “Metro Crime Initiative”. Participants included APD, the DA’s Office, the Courts and many other stakeholders to address what all participants labelled the “broken criminal justice” system and calling it a “revolving door”.

The entire “Metro Crime Initiative” started with the phony premise that our criminal justice system is broken. It’s not. The criminal justice is only as good as the stakeholder who are responsible to make it work and succeed. The 3 main components of the criminal justice system are law enforcement, prosecution and the courts. Examination of all 3 reflects failure to do their jobs.

LAW ENFORCEMENT

APD statistics for the budget years of 2019 and 2020 reflect that APD is not doing its job of investigating and arresting people. APD felony arrests went down from 2019 to 2020 by 39.51%, going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%. Bookings at the jail have plummeted from 38,349 in 2010 to 17,734 in 2020. To have booking, there must be arrests. APD’s homicide unit has an anemic clearance rate of 36%.

THE PROSECUTION

When Raul Torrez ran for DA the first time, he said our criminal justice system was broken. Torrez accused the District Courts of being responsible for the rise in crime and releasing violent offenders pending trial. Torrez accused defense attorneys of “gaming the system” to get cases dismissed against their clients. A report to the Supreme Court prepared by the District Court revealed it is the DA’s office dismissing more felony cases for various reasons than the courts. The DA’s office currently has the highest voluntary dismissal rate in its history, and plea agreements with low penalties are the norm. Data given to the Supreme Court revealed overcharging and a failure to screen cases by the DA’s Office contributes to a combined 65% mistrial, acquittal and dismissal rate.

THE COURTS

A negative perception of the courts is created when judges release violent felons and not holding them for trial without bond. It’s common knowledge that Judges are concerned about their disqualification rates, appeals and reversals and how they are perceived by the Judicial Performance Evaluation Commission. Judges are reluctant to make decisions and hold off on making the hard decisions to avoid controversy to protect their jobs.

The criminal justice system in this country and this state has never been perfect, nor will it ever be, but it is not broken. The criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain ignorance or political opportunism at its worst.

The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. It is not a “broken system” but a “systems failure” caused by their own failures to act and to do their jobs effectively. The problems and shortcomings within our criminal justice system will not ever go away unless and until the stakeholders do their own jobs in an effective and competent manner.”

The link to the Albuquerque Journal guest column is here:

https://www.abqjournal.com/2443789/criminal-justice-system-in-metro-is-not-broken.html

_________________________

POSTSCRIPT

The Albuquerque Journal publishes letters or columns expressing opinions on news and commentary The Journal editors have the exclusive right to review and decide what will be published. Guest opinion are limited to 550 words. The paper limits the number of submissions it will publish from one any one person a year. The paper also mandates the passage of 90 days before another column from one person will be considered for publication.

This postscript elaborates further on the Metro Crime Initiative.

THE METRO CRIME INITIATIVE

On September 23, the Metro Crime Initiative concluded after a series of 5 meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system.

The topics of discussion were broken down into 6 major categories with 5 meetings conducted over 2 months. The participants included the Governor office, the Attorney General office, the District Attorney, the Chief Public Defender, Senate and House members, the Mayor, City Council members, Bernalillo County Commissioners, APD, NM State Police, Metro and District Courts.

The Metro Crime Initiative concluded with a September 23 news conference at the Albuquerque Police Department’s (APD) Real Time Crime Center to announce the results of the meetings.

ACTION ITEMS ANNOUNCED

During the September 23 concluding press conference, local leaders admitted they have not been providing enough protection and resources to keep people safe. A list of 40 action items were revealed with the hope that once implemented they will lower Albuquerque’s crime efficiently and quickly. More than 20 departments statewide developed the checklist.

Following are the action items announced in 7 categories:

FIGHT CRIME

1. Fully fund public safety agencies
2. Hire more officers
3. Create retention programs for officers
4. Expand crime-fighting technology
5. Crack down on chop shops by enacting a law that makes owning, operating or doing business with a “chop shop” a crime.
6. Extend anti-auto theft & felony warrant partnerships
7. Fund dashboard to track criminal cases
8. Support security infrastructure for businesses
9. Coordinate to identify violent criminals
10. Invest in mobile speed enforcement

REDUCE GUN VIOLENCE

11. Strengthen gun storage laws
12. Detain gun offenders until trial
13. Strengthen gun crime penalties
14. Close loopholes in Red Flag law
15. Urge gun owners to self- record serial numbers
16. Study gun violence as public health issue

CLOSE THE REVOLVING DOOR

17. Fix 24/7 ankle monitoring
18. Increase staffing in courts
19. Use grand juries to protect victims & clear backlogs
20. Limit case management orders to detainees

STRENGTHEN DIVERSION

21. Expand court ordered treatment
22. Increase pre-arrest diversion offers
23. Lower cost barriers to diversion programs
24. Increase number of diversion agreements
25. Increase funding and capacity for specialty courts

REBUILD BEHAVIORAL HEALTH SYSTEM

26. Incentivize new provider services
27. Build peer support programs
28. Create 24/7 sobering center
29. Expand Turquoise Lodge
30. Increase addiction treatment services
31. Develop behavioral health career paths
32. Career training for underserved youth

EXPAND VIOLENCE INTERVENTION PROGRAMS

33. Fund CABQ Violence Intervention Program
34. Expand Violence Intervention Program statewide
35. Bring restorative justice to schools

MISCELLANEOUS ADDTIONS

Identified items added to the to-do list were the following:

36. Bail bond reform with a pre-trial presumption of dangerousness when an offender uses, brandishes, or is in possession of a firearm during a violent, drug or property crime.
37. Invest in “mobile speed enforcement” to free up officers while combating the scourge of dangerous driving”
38. Create a task force to examine officer retention and lateral recruitment programs for all police agencies in New Mexico”
39. Create restorative justice programs in schools”
40. City funding for indigent copays for drug testing for pre-prosecution diversion programs”

A very detail “check list” pamphlet was produces containing details of each action plan and can be found here:

https://www.cabq.gov/mayor/documents/mci.pdf

NOTHING NEW NOR INOVATIVE

When you examine the “check list” of the 40 different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over the past 2 years and include many programs already announced. The list contains nothing new. The items listed are ones that the participants should have been doing in the first place.

The 40 proposals are essentially an admission by many of the participants that they have not been doing their jobs effectively from the get go. There really is nothing new other than a public relations flyer and the checklist Mayor Tim Keller could hold up during his press conference.

FINAL COMMENTARY

Imbedded in our state and federal constitutions is how justice is served, to ensure and to protect all of our constitutional rights of presumption of innocence, due process of law and requiring convictions based on evidence. The corner stone of our criminal justice system is requiring prosecutors to prove that a person is guilty beyond a reasonable doubt before a jury and in a court of law.

The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. When you examine these 3 major stakeholders in Albuquerque and Bernalillo County, one conclusion that can be arrived at is that they are not doing their jobs.

Many thanks to the Albuquerque Journal for publishing the guest column.

On November 5, 2018, New Mexico voters, with a 75% majority, voted for a constitutional amendment to establish an independent statewide ethics commission with subpoena power. The State Ethics Commission is a seven-member, bipartisan group. On March 15, 2019, the New Mexico State legislature enacted legislation creating the new, independent ethics commission. On January 4, 2020, a little more than 10 months after the NM Legislature enacted the creation of the Ethics Commission became fully operational.

ETHICS COMMISSION SEEKS EXPANDED AUTHORITY AND FUNDING

On Friday July 30, New Mexico House Majority Floor Leader Representative Sheryl Williams Stapleton abruptly resigned from the New Mexico House of Representatives ending a 27-year rise to power. On September 21, former state Rep. Sheryl Williams Stapleton was indicted on 28 criminal charges. According to the indictment, Williams Stapleton’s charges include 10 counts of 4th degree felony “official act for personal financial interest”, 5 counts of money laundering and 1 count each of racketeering and fraud.

https://www.kob.com/albuquerque-news/former-nm-rep-sheryl-williams-stapleton-indicted-on-criminal-charges-/6243614/

In the wake of the indictment of Williams Stapleton, the New Mexico Ethics Commission voted and its Executive Director Jeremy Farris announced that the Commission will be asking the 2022 New Mexico legislative session that begins on January 18, 2022 to expand its powers and to increase its budget.

EXPANDED POWERS

The Ethics Commission is asking the New Mexico legislature to expand the commissions jurisdiction to include the parts of the state Constitution that prohibits profiting from public office and that bans legislators from having an interest in contracts authorized by legislation passed during their term in office. Specifically, the expanded jurisdiction would give the commission authority in 3 major areas over constitutional provisions prohibiting:

1. Increased compensation for public officials during their term of office.

2. Legislators having an interest in any state or city contract that was authorized by law during their term or for one year afterward.

3. State officials who already draw a salary from drawing outside fees or otherwise profiting for their service in public office.

BUDGET INCREASE SOUGHT

During this year’s 2021 legislative session, the Ethics Commission’s budget was cut by 5%. The legislature also expanded the agency’s duties by directing it to handle enforcement related to notaries public. The commission is seeking an increase of 40% over what it received for the 2022 approved budget, with the fiscal year ending June 30, 2022. The agency is asking for a $1.28 million budget that would begin on July 1, 2022. The budget increase would be dedicated to increasing the commission staff from 5 to 9 employees. The additional funding will be used to hire an attorney, paralegal and database administrator and to restore a “special projects coordinator” whose funding was part of this year’s 5% budget cut.

THE COMMISSIONS DUTIES AND RESPONSIBILITIES

The postscript to the blog article outlines in great detail the powers and duties of the commission and the complaint process. Notwithstanding, the Ethics Commission’s duties include:

1. Initiating, receiving, investigate and adjudicating complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements for state officers and employees of the executive and legislative branches of government. This includes candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts.

2. Initiate state court enforcement actions of ethics laws. The agency sued a political committee last year and reached settlements requiring public disclosure of campaign spending and contributions.

3. Develop, adopt and promulgate the rules necessary to implement and administer the provisions of the State Ethics Commission Act Issuing advisory opinions and educating public officials.

https://www.abqjournal.com/2434601/nm-ethics-agency-seeks-expanded-staff-jurisdiction.html

https://pinonpost.com/ethics-commission-asks-for-more-staff-expanded-jurisdiction-to-curb-legislator-corruption/

SLOW START FILING CASES

Since becoming up and fully running, the Ethics Commission has initiated only 3 cases. The most likely reason for that is that the legislature has failed to fully fund the commission and has cut it budget. The examination of the most recent case filed is a perfect example of the importance of the commission and the potential it has to make a difference.

On October 6, it was reported that the State Ethics Commission has authorized its staff to take legal action against former Sandoval County Assessor’s Office employee Gabriel Vargas who went to work for Double Eagle Property Tax Consultants. The action is the first civil enforcement action taken against an individual and only third taken since the commission began its work last year.

The crux of the case centers on provisions in the Governmental Conduct Act (GCA) which prohibiting ex-government employees from leaving an agency and then representing clients before the agency on a matter they have worked on when with the agency. The GCA prohibits anyone from being paid to represent anyone before the agency for a full one year after leaving the agency. Vargas for his part has said he did not do anything wrong and complied with the one-year ban.

The State Ethics Commission, in an adopted resolution, said it had reason to believe Vargas violated the Governmental Conduct Act. The main accusation to the ethics charge is that on September 1, 2020 in hearing before the valuation protests board in Sandoval County that occurred a year and a day or two after Vargas left the Sandoval Assessor’s Office. In that September 1, 2020 hearing, Vargas, working for a private company, testified against his former colleagues and presented evidence to support reducing the proposed tax assessment on an office building by Rust Medical Center in Rio Rancho.

The valuation board largely sided with Vargas and reduced the assessed value of the Presbyterian Healthcare Services property from about $14.1 million to $11.4 million. The change will reduce its annual tax bill by about $35,000, according to a subsequent lawsuit filed by Sandoval County Assessor Linda Gallegos. The Sandoval County assessor is challenging the reduced value in court, contending Vargas broke the law by participating in the hearing that even though Vargas testified a day or two after the one-year ban, he was clearly involved in working on the tax dispute before then. The county’s appeal of the assessment decision is pending in State District Court.

The lawsuit authorized by the Ethics Commission is to seek civil penalties and “disgorgement,” which is where party defendant Vargas and his employer would have to give up illegal profits, which in the case could mean millions of dollars.

The Ethics commission’s 2 other civil enforcement actions targeted groups accused of spending money to influence New Mexico elections without properly revealing their campaign finance activity. Both civil cases resulted in a settlement requiring financial disclosures.

The link to the quoted source material is here:

https://www.abqjournal.com/2435595/ethics-panel-takes-first-individual-case.html

COMMENTARY AND ANALYSIS

New Mexico has had more than its fair share of public corruption scandals over the years. A rogue’s gallery of unethical conduct, fraud, theft and abuse of power and influence in New Mexico politics includes Former Democrat State Senator Manny Aragon, two former Democrat State Treasurers, Michael Montoya and Robert Vigil, former Republican Secretary of State Dianna Duran, former Democrat State Senator Phil Griego, former Republican State Senator Monica Youngblood, former Republican New Mexico Taxation, and Revenue Secretary Demesia Padilla. You can now add former state Representative Sheryl Williams Stapleton to the disgraced list.

Unproven allegations of “pay to play” plagued the 8-year tenure of Democrat Governor Bill Richardson with a federal grand jury investigation resulting in no indictments and no finding of “pay to play”. Former Republican United States Attorney for the District of New Mexico Gregg Forate, with an obvious strong Republican partisan bias, released a scathing letter of condemnation that accused the Richardson administration of “corrupting” the government contract award process.

During the 8-year tenure of former Republican Governor Susana Martinez, allegations of unethical conduct and undue influence with the award of the billion-dollar, 20-year Downs Race Track Lease, dubbed the “Dirty Downs Deal”, occurred. What also occurred was a federal grand jury investigation of the Republican Governor’s number one political consultant and campaign manager relating to misuse of her inauguration funding.

AGENCY FORMULA FUNDING SOURCE PROPOSED

The Ethics Commission is in the awkward position of having to ask lawmakers, elected officials it has jurisdiction to investigate individually, for more funding to operate. It was during the 2020 New Mexico Legislature that fears emerged that the New Mexico Ethics Commission would not get enough funding to carry out its work. Those fears materialized when the State Ethics Commission requested a $385,000 “supplemental appropriation” to help carry out its work the fiscal year that ended on June 30, 2020. It was during the 2021 legislative session this year that the commission’s funding was cut by 5%.

There is clearly a major conflict of interest or a built-in threat to the continuing functioning of a viable Ethics Commission when it is forced every year to ask for funding to continue with its existence and its work. There is an urgent need for a funding source separate or independent from the Legislature’s budget making authority to prevent commission budget cuts. Given the legislature’s duties and authority over all appropriations for agencies, it will be difficult to set up such a funding source without conflict, at least not without a court challenge, but it can be done.

One option would be enacting funding legislation that would provide for ongoing and pre-approved budgets with a formula mandating a small fraction of 1% of each state approved agency budget. As each agency’s budget is approved by the legislature it would automatically approve the funding of the ethics commission without decreases or increases The financing amounts from each agency would be dedicated strictly for the Ethics Commission and would not be subject to annual review or appropriation modifications by the legislature.

Any funding not spent or in excess of what is needed would revert back to the states general fund. Such a funding formula would be similar to the principal used in development programs that mandate a certain percentage of a developments and financing be dedicated for projects that are to be used by the general populace. An amendment to this year’s budget could be added to provide the funding formula for the Ethics Commission.

EMPOWER COMMISSION WITH AUTHORITY TO SUSPEND OR REMOVE

One area that merits serious consideration by the 2022 New Mexico Legislature is to empower the Ethics Commission with the authority to suspend or remove a public official or give the Commission the authority to seek from a District Court or Supreme Court the suspension or removal from office elected officials who have been found to have engaged in nefarious or unethical conduct or campaign finance law violations. Further, the Ethics Commission should be given authority over local elected officials such as Mayors and City Councilors.

The statewide Ethics Commission is going a long way to rebuild trust in a state government that has experienced way too much corruption throughout the decades. It slightly disappointing that the NM Ethics Commission has had only 3 major cases since it began its work in January and that needs to change. The commission needs to be fully funded and its staff expanded to do it job.

However, it will be able to do so only if it is empowered with real authority to suspend or remove someone for nefarious or unethical conduct. The Commission needs to be given full authority to hold nefarious and unethical officials actually accountable for their actions short of criminal prosecution, forced resignations or hoping that they will be voted out of office.
____________________________________________

POSTSCRIPT

ETHICS COMMISSION EXPLAINED

The New Mexico Ethics Commission is empowered to oversee state public officials, including state lawmakers, state employees and constitutionally elected officials, including the governor. The seven-member commission is empowered to fine public officials if they are found by the commission to have violated civil provisions of state laws. There is no authority to suspend or remove from office elected officials.

POWERS AND DUTIES OF THE COMMISSION

Under the New Mexico Ethics Commission Act, the commission:

“May initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.”

Additionally, the Ethics Commission:

“May require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or enforce such other acts as further provided by law.”

Powers and duties of the commission also include the power to develop, adopt and promulgate the rules necessary to implement and administer the provisions of the State Ethics Commission Act.

Absent from the enabling legislation creating the ethics commission is any authority to suspend or remove elected or appointed officials for nefarious or unethical conduct.

https://www.ncsl.org/research/ethics/50-state-chart-state-ethics-commissions-powers-a.aspx

COMPLAINT PROCESS

An Ethics Case before the Commission can begin in one of three ways:

1. A complainant may file a complaint with the Commission.
2. Another agency may refer a complaint filed originally with that agency to the Commission.
3. The Commission may initiate a complaint with the approval of at least five Commissioners.

Anyone who files a complaint must secure a notary public and attest to the truth of the allegations in the complaint under penalty of perjury. Although the Ethics Commission accepts only signed complaints, it can also initiate its own complaints with approval from 5 of the 7 commissioners. It can also accept referrals from other agencies.

The attorney appointed as “general counsel” by the seven-member commission serves as an investigator and prosecutor. The commission’s general counsel determines whether a complaint warrants investigation and if so, the general counsel will investigate the allegations made.

The Ethics Commission “hearing officers” are appointed to adjudicate the cases where evidence suggests there is an ethical violation. The hearing officers are required to use the legal standard of “preponderance of evidence” to make the determination if there was an ethical violation and must make specific findings.

The legal term “preponderance of the evidence” means the greater weight of the evidence required for the trier of fact, the hearing officer, to decide in favor of one side or the other. “Preponderance of the evidence” is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

The Ethics Commission through its general counsel is empowered to petition a state judge to issue subpoenas for documents and other materials as part of its work and with a judge designated to issue and grant the subpoenas on behalf of the commission itself. A public official who disputes a hearing judge’s finding are given the right to appeal the ruling to the seven-member ethics commission.

Ethics complaints are be made public 30 days after probable cause is found to proceed with an investigation. The ethics commission is prohibited from revealing ethics complaints that have been deemed frivolous or unsubstantiated, but the accuser or accused can publicly disclose the complaints.

The ethics commission is not empowered to investigate violations of legislative policies by legislators, such as sexual harassment policies, unless the Legislature works out an agreement for the ethics commission to investigate such complaints. Even then, if the ethics commission determines that a legislator has violated legislative policy, the ethics commission is required to turn over its findings to the Legislature, which would then in turn determine the legislator’s punishment.

A very significant provision included in the commission powers is authority over include statewide public officials such as the governor, the lieutenant governor, attorney general, secretary of state, public land commissioner and state auditor, or candidates for those offices, to those prohibited from soliciting campaign contributions from January 1 through the end of each year’s legislative session. However, the ethics commission has no authority over school board members and local officials such elected Mayors or City Councilors.

The enforcement of the state’s Open Meetings Act and Inspection of Public Records Act is left to the New Mexico Attorney General, and such enforcement is not made part of the duties of the Ethics Commission. State legislators are already prohibited from soliciting campaign contributions from January 1 through the end of each year’s legislative session.

JURISDICTION OF COMMISSION

According to its website, the Commission has “jurisdiction to enforce the civil compliance provisions of eight statutes and one constitutional provision for public officials, public employees, candidates, persons subject to the Campaign Reporting Act, government contractors, lobbyists and lobbyists’ employers”.

Allegations of criminal conduct are referred to law enforcement agencies. The 8 statutes the Ethics Commission is authorized to enforce are strictly civil in nature and provides for civil penalties and fines. The one power or penalty the Ethics Commission is not granted is the power to suspend or remove an elected or public official.
OFFICIALS NOT SUBJECT TO THE COMMISSION’S JURISDICTION

According to its website, the Ethics Commission has limited jurisdiction and only over certain individual as follows:

“LOCAL OFFICIALS AND EMPLOYEES”

The Commission’s jurisdiction is limited. … it cannot hear complaints alleging violations by local elected officials or local public employees such as county commissioners or municipal employees.

NO JURISDICTION OVER CRIMINAL CONDUCT

The Commission does not hear complaints alleging violations of state or federal criminal laws. The Commission will refer any complaint alleging criminal conduct to the Attorney General, the appropriate District Attorney, or the federal prosecutors. Such a referral does not prevent the Commission from pursuing civil enforcement, either through an administrative hearing or a civil action in state court.

LAWS OUTSIDE THE COMMISSION’S JURISDICTION

The Commission lacks jurisdiction to adjudicate complaints alleging violations of any law that is not expressly provided for in the State Ethics Commission Act including … the Human Rights Act, the Open Meetings Act, the Inspection of Public Records Act, the Extra Compensation Clause of Article IV, Section 27, or the Emoluments Clause of Article XX, Section 9.

LIMITATIONS BASED ON TIME

Three time-based constraints limit the Commission’s jurisdiction:
First, the Commission cannot adjudicate a complaint alleging conduct that occurred more than two years in the past or more than two years after the alleged conduct could reasonably have been discovered.

Second, the Commission lacks jurisdiction over a complaint that is filed against a candidate 60 days before a primary or general election for the pre-election period, unless the complaint alleges a violation of the Campaign Reporting Act or the Voter Action Act.

Third, the Commission lacks jurisdiction over conduct occurring on or before July 1, 2019.”

https://www.sec.state.nm.us/faqs/#Section02

WEBSITE LINK WITH INSTRUCTIONS

The Ethics Commission website contains a section where the public can sign up for updates from the commission including pending cases and advisory opinions. The website also gives a detail explanation on how a complaint can be filed, gives instructions on how to file an ethics complaint, provides forms and outlines what the complaint needs to allege, including laws believed to have been violated, witnesses and evidence relied upon. The website also provides a guide to respondents and what they must do to respond.

The link to the Ethics Commission website can be found here:

https://www.sec.state.nm.us/

Over the last 20 years, the Albuquerque Police Departments ( APD) attrition rate has been a consistently 60 police officers a year. That includes terminations, transfers and police officers who have decided they do not want to be a police officer anymore. That began to changed dramatically in 2020. For all of 2020, APD had 81 departures. In 2021, halfway through the year, APD had 82 departures. On September 21, it was reported that the current number of APD sworn officers stands at approximately 906 and that APD since January has lost 122 sworn police.

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

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

MINIMUM QUALIFICATIONS TO BE AN ALBQUERQUE POLICE OFFICER

All prospective Albuquerque Police Department officers must meet the following eligibility criteria:

1. Be a US citizen and at least 21 years old at the time of police academy graduation
2. Have a high school diploma or GED, and possess a valid driver’s license.
3. Applicants must have completed a minimum of 32 college credits unless the applicant has at least of two years of experience with and received an honorable discharge from the United States military.
4. Two years of continuous service as an Albuquerque police service aid or prisoner transport officer or five years of continuous service in a government or private sector position may also qualify for a waiver of the college credit requirement.
5. Immediate disqualification occurs if an applicant has a felony conviction, has been convicted of domestic violence, or has been convicted of a misdemeanor within three years of the application date.

STEPS TO BECOME AND ALBUQUERQUE POLICE OFFICER

Having the “minimum” qualifications to be an Albuquerque Police Officer only gives you an opportunity to test for the job.

The actual steps that must be taken to become an Albuquerque Police Officer are complicated and are as follows:

1. Meet the minimum qualifications for prospective officers and verify your eligibility by submitting an interest card to the Albuquerque Police Department.
2. Take the City Entrance Exam, which is similar to a civil service exam.
3. Submit a personal history statement.
4. Pass a physical abilities test.
5. Take the Nelson-Denny Reading Test (Note: this is a multiple-choice test measuring skill in vocabulary and reading.)
6. Submit the required personal documents, such as a credit report and photograph.
7. Complete a written psychological evaluation and background investigation.
8. Take a polygraph exam.
9. Complete a psychological interview.
10. Attend a panel interview with the Chief’s Selection Committee.
11. Complete a medical exam and drug screen.
12. Accept a conditional hire offer, attend and successfully complete the 26 weeks of the police academy.
13. Begin working as an Albuquerque patrol officer and [completing six months of patrol work with another sworn officer].

https://www.criminaljusticedegreeschools.com/criminal-justice-resources/police-departments-by-metro-area/albuquerque-officer-requirements/#requirements.

Recruitment of new officers has been difficult to the point that on August 2, APD began offering sign on bonuses worth thousands of dollars. According to the August 2 KOAT TV news report, the bonuses are:

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

The $15,000 bonuses announced in August lateral officers is broken down into 3 separate payments. Lateral hired officers are paid $5,000 when they’re hired, $5,000 when they complete their fourth week in the academy, and the third $5,000 payment is made after a one-year probationary period.

DOUBLING DOWN ON BONUSES FOR NEW RECRUITS

Despite the implementation of hiring bonuses, APD has continued to have trouble recruiting a new, younger generation of police officer. On October 27, APD announced that it is doubling the signing bonuses for new police cadets from $5,000 to $10,000. The increase in bonuses are another attempt to grow the size of the police force that struggles to stay fully staffed, especially in the last two years. It was also announced that emergency dispatchers and telecommunication operators will get $1,500 signing bonuses.

According to police spokeswoman Rebecca Atkins, APD has 945 sworn officers as of October 27, but confidential sources within APD have said the number is actually as few as 900 with more retirements and resignations still being processed as officers take earned time off. Yet another source within APD says as many as 100 more sworn police will be leaving or retiring by January 1, 2022.

The link to quoted source material is here:

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

APD PAY RATES

The sign on bonuses are in addition to the base pay sworn police are paid once hired. APD’s hourly and total yearly base pay is summarized as follows:

Starting pay for an APD Police Officer immediately out of the APD academy is $29 an hour or $60,320 yearly.
Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly.
Senior Police Officers with 15 years or more experience have a base pay rate of $31.50 an hour or $65,520 yearly.
The hourly base pay rate for APD Sergeants is $35 an hour, or $72,800 yearly.
The hourly base pay rate for APD Lieutenants is $40.00 an hour or $83,200.

LONGEVITY PAY BONUSES

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

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

OVERTIME PAY

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

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

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

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

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

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

CURRENT STAFFING LEVELS

When Mayor Tim Keller assumed office on December 1, 2017 for his first term, there were 861 full time sworn police according to the 2017-2018 city budget figures and payroll records at the time. To keep his campaign promises to grow the size of APD to 1,200 sworn police, Mayor Keller order his Administration to begin implementing an $88 million-dollar police expansion program. The announced goal was to increase the number of sworn police officers from 861 positions filled to 1,200, or by 339 sworn police officers, over a 4-year period. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term, pledging to hire 100 new police officers a year.

https://www.petedinelli.com/2021/03/29/mayor-tim-kellers-998-police-force-not-the-1200-police-force-promised-by-candidate-keller/

APD is the largest budget department in the city. APD’s approved general fund operating 2022 budget is upwards of $222 million. The 2022 approved APD operating budget has funding for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions. It also includes funding for new positions, including 11 investigators to support internal affairs and the department’s reform obligations under the Federal Court Approved Settlement Agreement, and two communications staffers.

Notwithstanding the approved funding for 1,100 sworn police the number of police officers patrolling the street of Albuquerque is dangerously low. As of July 24, 2021, APD has 940 sworn police according to city personnel records, but only 369 are actually patrolling the streets of the city. The 369 filed service officers are divided into 6 area commands and 3 separate shifts.
According to an August 2 KOAT TV news report, APD patrol staffing is as follows:

369 patrol officers, for six area commands and 3 shifts
59 patrol sergeants
18 lieutenants
18 – 22 bike officers

https://www.koat.com/article/400-apd-patrol-cops-albuquerque-police-department/37203121

There are 6,966 Albuquerque City employee according to personnel record. As of July 24, 2021, APD has 940 sworn police according to city personnel records. The average employee salary for the city of Albuquerque in 2020 was $44,475 or $21.38 an hour. This is 27.8% lower than the national average for government employees and 34.7% lower than other cities.

https://openpayrolls.com/city/albuquerque-nm#:~:text=The%20average%20employee%20salary%20for,records%20for%20Albuquerque%2C%20New%20Mexico.

APD pay is already some of the highest law enforcement pay in the country when you add base pay, overtime pay, longevity pay, insurance benefits and retirement program yet the city is still having a problem with recruiting a new generation of sworn police and retaining experienced cops.

RESONS WHY RECRUITING AND TRAINING A NEW GENERATION OF YOUNGER POLICE OFFICERS DIFFICULT

APD consistently has thousands of applicants that apply to the police academy every year as evidenced by the number of “interest cards” submitted which is the first step to applying with APD. The overwhelming number of police academy applicants fail to get into the academy for any number of reasons including failing to meet minimum education and entry qualifications, unable to pass criminal background checks, unable to make it through psychological background analysis, failing the polygraph tests, lying on the on the applications or failing a credit check. Once in the police academy, many cadets are unable to meet minimum physical requirements or unable to handle the training and academic requirements to graduate from the academy and drop out.

Notwithstanding the recruitment efforts, lucrative pay and incentives offered, APD is still severely understaffed and struggling to implement expansive and expensive Department of Justice (DOJ) agreed to and mandated reforms. Recruiting a younger, new generation of sworn police officers and growing the size of the police department has become very difficult and unachievable for any number of reasons. Those reasons include:

1. APD’s poor and negative national reputation.
2. Albuquerque’s high violent crime rates are not conducive to attracting people who want to begin a long-term career in law enforcement in Albuquerque.
3. The increased dangers of being a police officer in a violent city such as Albuquerque.
4. An APD police officers heavy work load.
4. The DOJ oversight requirements.
5. Many recruited lateral hires may also be looking to retire sooner rather than later, coming to the City to increase their high three salary to retire with a more lucrative pension and collect the longevity pay bonuses.

LATERAL HIRE BONUSES DO NOT RESULT IN LONG TERM COMMITMENT

From a personnel management standpoint, it is highly likely that many APD police officers who are eligible for retirement decided to stay on and continue for a few more years with APD because of the significant increases in hourly pay and longevity pay and increasing their retirement benefits but still plan on retiring in three years once they get their high 3 years of pay.

When you offer $15,000 bonuses to lateral hires, what happens is that those officers are not making a long-term career commitment to stay with APD. What the lateral hires are doing is taking the bonus, hired at a higher salary for a 3 years to cap off their retirement pay and then move on as quickly as they can and retire. This is exactly what happened in the early part of Keller’s first term. APD began a process of raiding other New Mexico law enforcement departments offering higher wages and bonuses. Keller actually called it “poaching”.

Former APD Chief Michael Geier recruited many from the Rio Rancho police department where he retired as Chief to become APD Chief The first year of lateral hires resulted in 70 lateral transfer hires. Three years later, APD Spokesman Gilbert Gallegos revealed that most of those 70 laterals were no longer employed with APD and retired or moved on. Offering bonus pay to start their careers for new cadets being recruited with a 6-year commitment from the new officers would likely be far more successful.

The sign on bonuses of $15,000 for lateral police officers, and now $10,000 for new recruit cadets and $1,500 for police service aides will have some limited success but in the long run not make much of a difference. Paying more money to lateral police officer hires has been tried before, is still going on and has not worked. APD pay is already some of the highest law enforcement pay in the country when you add base pay, overtime, longevity pay, insurance benefits and retirement program and the city is still having a problem with retentions of experienced cops.

COMMENTARY AND ANALYSIS

The paying of sign on bonuses of $10,000 is an excellent first step in recruitment of a new, younger generation of police officer, but it is not at all likely it will have much of an impact. To have a real impact, sign on bonuses to new recruits should be raised to $30,000 in exchange for a minimum commitment of 6 years of service with APD. The bonus contract would be for a 6 year term and if termination occurs before the 6 years, the contract would require a pro rata return payment. The $30,000 sign on bonus contract would do far more to ensure that APD retains new officers beginning an wanting a law enforcement career that the city has spent thousands each year to train only to have those new officers move on as soon as possible to another law enforcement agency.

Now that Mayor Tim Keller has secured a second 4-year term, he should direct the city Human Resource Department to rewrite APD sworn police job descriptions and restructure the APD pay system to salary pay system with grades and steps. Further, Keller should order increasing sign on bonus to new recruits as well as lateral hires to $30,000 and require a minimum 6 year commitment of active service with no inclusion of annual leave to secure a full six year of active service.

As an alternative to paying overtime and longevity bonus, the city should also do away with APD hourly wage and time and a half for overtime for sworn police and implement a salary structure based strictly on steps and years of service and performance and merit. A complete restructuring of the existing APD 40-hour work week and hourly wage system needs to be implemented.

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

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

CONCLUSION

Negotiations for a new APD union contract have been suspended because of the pandemic. If and when the City and the APD union return to the bargaining table to negotiate a new contract, the abolishment of hourly wages for APD sworn and implementation of a salary structure should be the first negotiated item for the new contract. The city should also prohibit the inclusion of sergeants and lieutenants, which are management, in the union and make those positions “at-will” as are commanders.

Links to related blog articles are here:

State Auditor Brian Colón Foolish Saying His Audit On APD Overtime Abuse Will Result In 100% Compliance; 160 Police Union Members Made Between $110,000 To $200,000 In 2019 And 2020 Because Of Overtime; Abolish All APD Overtime And Implement Salary Structure With Steps

Candidate Keller Promised 1,200 Sworn APD Police Force; Keller’s Claim He Has Hired 400 Sworn Police Misleads; 400 New Hires Offset By 80%; APD Sworn Dangerously Down Despite Fully Budgeted

“For over a thousand years Roman conquerors returning from the wars enjoyed the honor of triumph, a tumultuous parade. In the procession came trumpeters, musicians and strange animals from conquered territories, together with carts laden with treasure and captured armaments. The conquerors rode in a triumphal chariot, the dazed prisoners walking in chains before him. Sometimes his children robed in white stood with him in the chariot or rode the trace horses. A slave stood behind the conqueror holding a golden crown and whispering in his ear a warning: that all glory is fleeting.”

Four Stat Army General George S. Patton, Jr. World War II

MAYOR TIM KELLER’S WIN

Congratulations to Mayor Tim Keller on his decisive win over Sheriff Manny Gonzales and Radio Talk show host Eddy Aragon. On election night, Keller basked in the glory of a victory well-earned as he spoke to his supporters with his wife and young children standing by his side. Mayor Keller can take great comfort that voters had enough confidence in giving him another 4 years as mayor without a run off. Keller can be very thankful that he won with 56% of the final vote and that he had two very weak candidates this election cycle with conservative “Democrat in Name Only” Sheriff Manny Gonzales who secured 26% of the vote and Der Führer Trump Radio Shock Jock Eddy Aragon who secured 18% of the vote. Although the percentage victory was high, the voter turn out was still a low 119,745 votes cast in a city that has 383,000 voters.

What Mayor Keller cannot take great comfort in is that despite his decisive victory of 56%, his popularity has taken a major hit. Keller was first elected in 2017 by coming in first by beating all 7 of his opponents to get into a runoff. He went on to win in 2017 by a decisive landslide against Dan Lewis who secured 37.8% with Keller winning with 62.2% of the vote. In this year’s election year, Dan Lewis was again elected to city council garnering 52% of the vote and by beating incumbent City Councilor Cynthia Borrego’s 40% of the vote and who who replaced Lewis 4 years ago. One year ago, Keller had a 61% approval rating. Even with his constant, daily search for attention, press conferences, very recent polls show Keller’s job approval rating is at a disappointing 50% compared to his 56% victory, meaning that 50% of the voters may be disappointed in his job performance, but they decided to vote for him anyway and could not vote for his opposition. Keller’s low approval rating is likely because of the pandemic and his failure to keep his promise of reducing crime.

https://www.krqe.com/news/politics-government/elections/tim-keller-wins-reelection-in-albuquerque-mayoral-election/

https://www.koat.com/article/election-results-new-mexico/38140204

Keller’s accomplishments over the last 4 years have been less than stellar. The city’s high murder rate is rising even further. Violent crime and murders are still increasing with the city breaking the all-time record 3 times during his term. Keller has not come close to the change he promised in 2017. Keller failed to make the sweeping changes to the Albuquerque Police Department, and his promised implementation of the DOJ reforms stalled so much that he fired his first chief. Keller has appointed Harold Medina – who has a nefarious past with the use of deadly force against two people suffering from psychotic episodes – permanent chief. Keller is not even close to reaching the 1,200 sworn police officers promised 4 years ago with APD down to about 900 sworn police officers. Community-based policing is still a thing of the past. Keller’s promise to bring down violent crime never materialized and his 4 programs to bring down violent crime have failed. During the four years of his first term, murders hit an all-time record and the overwhelming majority are still unsolved. Keller’s only major accomplishment of getting funding for the Gateway Center and acquiring the old Loveless hospital for the City’s homeless is still on the drawing board pending a conditional use approval with remodeling still in the distant future.

SECOND TERM CURSE

The downside to winning a second term for Mayor Tim Keller is that nothing is going to change much for him over the next 4 years. After 4 years in office, Mayor Tim Keller under his leadership still has a police department that is failing miserably to police itself and is in a catastrophic meltdown. The public is still waiting for results in reducing violent crime which has only gotten worse under his tenure. Keller has only himself to blame given the fact he promised to bring down crime, implement the police reforms and he personally selected those in charge of APD and he went back on his campaign promise not once but twice to hire a new Chief from outside the agency. Keller appointed as the new chief a man with a nefarious past having shot and killed a 14-year-old having a psychotic episode and gave the order authorizing the use of deadly force to take into custody a 26-year-old suffering from post-traumatic syndrome that resulted in the city paying out millions to settle the case.

Consecutive second terms are usually worse than first terms for mayor if they get one, just ask former Mayors Marty Chavez and Richard Berry who served consecutive terms. All the problems that existed for Keller the day before the election still exist the day after his election to a second term. Keller still has skyrocketing violent crime rates he promised to bring down, APD is still failing to come into compliance with the Department of Justice Consent decree reforms, APD continues to shrink in size with sworn police leaving in droves, the homeless crisis continues to get worse as homeless numbers spike, the city’s unemployment rate is above the national average as is the city’s poverty rates, Keller has no economic development he can really take credit for and we still have a downtown that remains a ghost town despite Keller’s pledge and efforts to revitalize it. Selling the historic Rosenwald building on central to his supporters the Garcia’s for a song is not downtown revitalization. Mayor Keller and his appointed Chief Medina are faced with a police union that has no respect for him nor his police chief. A recent union survey found that 98% of sworn police do not feel supported by Mayor Tim Keller and 94% sworn police do not approve of Police Chief Harold Medina. Complicating matters is that APD police are leaving the department in droves and now Keller is resorting to offering new APD recruits $10,000 sign on bonuses.

MAYOR TIM KELLER’S LOSSES ON CITY COUNCIL

Although Mayor Keller won a second term by a decisive margin in all 5 of the City Council Districts on the ballot this year, things will no doubt dramatically change for him on the Albuquerque City Council. His support of two Democrat incumbents did them no good, even though Keller himself won the two council districts.

District 3 Democrat City Councilor Klarissa Peña, 54, was unopposed this year. She had a business and community service background having worked with Youth Development, Inc (YDI) for a number of years. Peña was first elected to the post in December 2013 and cruised to a second-term victory over one challenger in 2017.

In City Council District 1, Albuquerque’s Central Westside, Democrat City Councilor Lan Sena, 31, lost to Democrat and former APD police officer Louie Sandchez,(56), who now operates 2 Allstate Insurance companies. Sanchez when with APD was also assigned to Mayor Chaves’ security detail. City Councilor Lan Sena is progressive democrat appointed by Mayor Keller to the City Council when long serving City Councilor Ken Sanchez passed away on January 1. Councilor Sena was a considered a reliable progressive vote for Keller’s initiatives and the Planned Parenthood measured finance committee sent out flyers jointly promoting Keller and Sena.

Incumbent Democrat City Councilor and President of the City Council Cynthia Borrego, 64, District 5, lost her bid for a second 4-year term to former Republican City Councilor Dan Lewis. Borrego was a reliable vote for Keller on the city council. Dan Lewis won his seat back with 52% of the vote to Borrego’s 40% of the vote with Phillip Ramirez, 43, securing 9% of the vote. Conservative Republican Dan Lewis will now have his old platform on city council and will no doubt take an adversarial approach dealing with Keller on the city council and perhaps run for Mayor again in 2025.

The mid-heights City Council District 7 race had 6 running to succeed Democrat Diane Gibson, who announced in April that she would not seek a third term. Diane Gibson was known to support Manny Gonzales over Tim Keller for re-election after Keller repeatedly ignored Gibson. A runoff will be between conservative Republican Lori Robertson, 48, a real estate agent and Progressive Democrat Tammy Fiebelkorn, 51, who City Councilor Diane Gibson endorsed as her successor. Should Republican Robertson win, Keller’s influence over the city council will be diminished with a significantly reduced Democrat majority.

In District 9, the East Central and 4 hills area, three candidates were trying to succeed long time serving, ineffective, uninspiring, unknown Don Harris, a Republican who decided not to seek a fifth term after serving since 2005. A runoff will between conservative Republican candidate, Renee Grout, 60, who received 42% of the vote, and Democratic candidates, Rob Grilley Jr., 37, earned 30%. Democrat Byron Powdrell, 54, earned 28% of the vote, had received the Journal endorsement and who is part of the famous Powdrell family known for their bar-b-que restaurants. Democrat Grilley could become the first Democrat to win in the district after many years of Republican control if he can get the support of Powdrell and his voters.

https://www.abqjournal.com/2442911/candidates-vie-for-four-competitive-city-council-races.html

KELLER’S SOCCER STADIUM BOND LOSS

The $50 million gross receipt tax bond had 35% who voted for it and had 65% who voted against it. Mayor Tim Keller from the very beginning was a major proponent of the $50 million bonds initiative to build a multiuse soccer stadium estimated to cost $65 million-$70 million. On July 24, Keller took part in pregame tailgate parties for a New Mexico United Soccer Team game and then took to the field of Isotopes Park during halftime. In a campaign style speech before a crowd of tailgate party goers, Keller announce to the crowd of 10,000 he was sending a resolution to City Council to place the proposal on the November 2 ballot . The City Council did just that, but the bond measure failed miserably on a two to one vote while virtually all of the other bond requests passed by healthy majorities. The stadium bonds failed, despite a $1 million dollar ad campaign finance by New Mexico United soccer team that was to be the primary tenant of the facility and that agreed to contributing $10 million for construction and leasing it from the city and paying $800,000 in rent a year to the city. Election night, Keller said his administration will respect the voters’ decision not to fund the stadium.

https://www.abqjournal.com/2442913/voters-to-decide-on-soccer-stadium.html

VOTER TURN OUT

The 2021 municipal election saw upwards of 22,000 more voters over the 2017 election. According to the Bernalillo County clerks office, 119,745 votes were cast out of the 383,000 registered voters. Keller won with 56% of the final vote (66,051) Sheriff Manny Gonzales secured 26% (30,139) of the final vote and Eddy Aragon secured 18% (21,654) of the vote and write in candidate Patrick B. Sais secured 294 votes, less than half of 1%. According to the Bernalillo County clerks office, turnout countywide turnout was 30.5% and city-wide turnout was just over 32%.

With 119,745 votes cast, representing 32%, the 2021 election goes down as having the highest voter turnout going back 20 years. In the 2017 mayor’s race and municipal election, 97,399 voted or 29%. I n the 2013 mayor’s race, only 70,473 voted, or a miserable 19%.

The likely explanation for the historical turnout is that New Mexico law was changed that consolidated local elections that that increased the voter turnout. This year’s municipal election was not conducted by the city clerk but conducted by the Bernalillo County Clerk’s Office. The 2021 ballot featured the mayor’s race, 5 city council races and voter bond approval of multiple bonds, including one for a soccer stadium. The 2021 ballot also had the the Albuquerque Public Schools, Central New Mexico Community College, the Village of Tijeras, the Ciudad Soil and Water Conservation District on the ballot and more.

“ALL GLORY IS FLEETING” IN A “DEAD END JOB”

In politics, timing is everything and so is opposition. Tim Keller has had a very charmed political career as far as timing and opposition. He has shown political opportunism at its worst as he jumped from state senator after defeating another democrat to state auditor both times in midterm and then ran for Mayor in 2017. Keller rode a waive of popularity he created as State Auditor as a white night combating “waste, fraud and abuse” in state government to run for Mayor in 2017. That charm and opportunism will come to a screeching halt if Keller’s popularity continues on the downward spiral which is more likely than not to happen in a second term. That is just the nature of the office of mayor where it is impossible not to offend anyone.

The job of Mayor of Albuquerque is considered a “dead end job” by many political observers. To become mayor of Albuquerque is to become disliked. A mayor becoming disliked is caused by what is referred to as “voter political fatigue”. Just ask former Democratic Mayors Jim Baca, Ken Schultz, Marty Chavez and Republican Mayor Richard Berry, all who wanted to go on to higher office such as United State congress or Governor.

Two term Republican Mayor Harry Kinney, who has passed away, ran for Governor and could not secure the Republican nomination. Democrat Jim Baca wanted to run for United States Congress but lost his bid for a second term which ended his political career. Democrat Ken Schultz had every intention of running for Governor until Governor Bruce King announced he was running again and Schultz went on to lose his bid for a second term as Mayor. Schultz also went on to be indicted and plead guilty to the Metropolitan Court scandal for receiving kick back in involved with the multi million dollar state construction project.

Democrat Mayor Marty Chavez after his first term decided not to seek a second consecutive term and he left with a 71% approval rating to run for Governor only to lose to Republican Governor Gary Johnson who sought a second term. Thereafter Chavez successfully ran for two more terms as Mayor but lost his fourth bid to become mayor to Republican Mayor Richard Berry. Before that, Mayor Chavez ran for US Senate when Senator Pete Domenici retired, but Chavez was essentially force out of the race by US Senate Leadership who refused to support Chavez and supported congressman Tom Udall. After serving his 3rd term as Mayor and losing to Berry, Chavez ran for US congress and came in third when Democrat Mitchell Lujan Grisham became the congresswoman for the Albuquerque area district.

After being elected to his second term as mayor in a landslide victory, Richard Berry was making plans to run for Governor but as a legacy project he unilaterally decided upon constructing the ART Bus line down central. Berry left office on December 1 when Tim Keller was sworn into as Mayor. Berry had a 34% approval rating when he left office dashing any hopes he had on becoming governor.

Like most, if not all Mayors before him, Tim Keller has higher ambitions. He has said to many in private he wants to run for Governor or a federal office and go to Washington. Keller has said in the past his ultimate goal is to be Governor and run in 2026 after Governor Lujan Grisham serves a second term, if she is reelected. If Keller goes on to higher office, he will be the only Mayor since the creation of the modern-day Mayor and 9 member City Council form of government to go on to higher office. If Keller does in fact seek a third term as Mayor, or seeks to run for Governor, or even runs for federal office where he will have to run against an incumbent Democrat, Mayor Keller’s charmed political career of having very weak opposition will come to an end. Until then congratulations and good luck to Mayor Tim Keller on his decisive win and over the next 4 years.

Rumor has it Keller’s campaign manager Neri Olguin was last seen election night holding the city’s’ blue seal over Keller’s head while he was bent over to his side as Chief Administrative Officer Sarita Nair was whispering in Keller’s ear “all glory is fleeting.”

October 31, Halloween Night, Ghostbuster’s “Slimer Shaun” Willoughby took to the Channel 7 news cast airways to make a “special announcement” that the APD police union would not be making any endorsement of any one of the 3 candidates for Mayor. Willoughby proclaimed that the police union interviewed Mayor Tim Keller, Sheriff Manny Gonzales and radio talk show host Eddy Aragon and concluded that none of the 3 were worthy of the police union endorsement.

Shaun Willoughby had this to say on camera:

“There are candidates and either City Council races or the mayor’s race that are interested in APOA endorsement. We definitely put them through the process. We have a process for that, but we’re just not in a position right now to engage in this mayor’s race.

The reality is that we have significant problems in the city of Albuquerque that are not being addressed by the current mayor. They need to be addressed no matter who the mayor is, and the direction that Albuquerque is going right now is the wrong direction. So we’ve decided not to endorse. So what we need is the city of Albuquerque to join us to join your public safety personnel and demand better because you deserve better. We know you deserve better and we want to provide better.

The city of Albuquerque has an obligation to provide its employees policies that allow them to succeed and do the job. That’s not happening. Let’s think about the future and less about thinking about election cycles because it’s going to take more than a decade to replace the 137 people that just walked out the door”.

Channel 7 failed to reach out to any one of the 3 candidates running for Mayor to get a reaction to the Union’s actions.

https://www.koat.com/article/albuquerque-police-union-backs-no-mayoral-candidate/38117603

POLICE UNION 2017 ENDORSEMENT OF KELLER RESULTED IN “QUID PRO QUO”

Four years ago, the police union endorsed then New Mexico State Auditor Tim Keller for Mayor. During the entire 8 years of the previous Republican Mayor Berry Administration, the police union was at union contract impasse when Berry unilaterally suspended a pay raise negotiated by the Mayor Marty Chaves Administration because the city was face with a huge budget deficit and Berry preferred to make budget and salary cuts to avoid a tax increase. The police union got the “quid pro quo” it so desperately wanted with its endorsement of Keller. Within 5 months of taking office, the Keller Administration negotiated a new, two-year police union contract substantially raising police hourly pay.

Within 6 months of taking office, Mayor Tim Keller also went back on his pledge not to raise taxes, even for public safety, without a public vote. Mayor Keller signed a gross receipts tax increase with 70% of the $55 million generated from the new tax revenues dedicated to public safety. The police union and union President Shaun Willoughby heavily lobbied the Albuquerque City Council to dedicate 70% of the new tax revenues to public safety. The net result of passage of the tax increase was that the city council increased APD’s budget by 30% and further increased officers’ pay by more than 17%.

During the past 4 years, and after being given everything they have wanted, Willoughby and the union have consistently criticized the Keller Administration. The biggest source of the criticism is the Keller Administration support of the Department of Justice reforms and the accompanying discipline for violations of standard operating procedures required for “use of force” and “deadly force”.

POLICE UNION POLLS

On October 29, a mere 4 days before the municipal election for Mayor, the police union released its yearly survey of its membership. The survey was sent to 823 officers with a mere 421 officers responding to the survey. The management positions of APD sergeants and lieutenants are police union members and no doubt participated in the survey. According to an APD spokesperson, APD has 945 sworn officers as of October 27.

Each year, the Albuquerque Police Officers Association (APOA) releases its annual push poll of its membership. Last year the union released its poll in July. In years past, the union releases its poll as the police union contract negotiations are about to begin with the city or are already in the process of negotiations. For the past two years, police union negotiations have been suspended because of the pandemic.

Review and comparison of the police union’s 2020 and 2021 poll results are in order.

2020 POLICE UNION POLL

The highlights of last year’s survey released in July, 2020 are as follows:

80% of APD officers who responded have considered a new line of work in the past couple of months and of those 84% said it was due to the “current view on policing, the increased scrutiny on officers, new reform efforts and job insecurity.”
62% of sworn police officers do not feel they are being supported by Police Chief Michael Geier.
96% of sworn police do not feel supported by the City Council.
83% of sworn police do not feel supported by Mayor Tim Keller.
88% of sworn police are concerned about losing “qualified immunity”. “Qualified Immunity” is where sworn police officers are not personally held liable for anyone they injure or killed on the job. Under “qualified immunity” the city assumes full responsibility for any and all conduct, intentional or negligent, by sworn police.
68% of officers said it was “unlikely or very unlikely” that they would recommend police work as a career choice to others.

2021 POLICE UNION POLL

The 2021 poll released on October 29 reflects that not much has changed. The highlights of this year’s survey are as follows:

85% of those surveyed have considered leaving the force, up 5% from last year.
89% do not feel supported by command staff.
94% do not approve of Police Chief Harold Medina.
98% do not feel supported by Mayor Tim Keller’s administration.
42% said Department of Justice reform constraints are the biggest contributor to the crime problem in the city.
24% said it was “justice system problems”, ostensibly meaning the revolving door criminal justice system.
Only 5% said lack of officers is contributing to high crime rates.

Not at all surprising APOA President Shaun Willoughby said stagnant recruiting, DOJ reform efforts and the Keller administration have brought morale to its lowest levels yet.

Willoughby had this to say:

“These are actual police officers, the men and women that are keeping this community safe at night, and this is how they feel. Let’s take it seriously, for the first time ever, and let’s try to fix it. … This departments not worried about crime. … This department’s worried about compliance and DOJ reforms and it’s really hard. … [Sworn police] feel handcuffed, they’re frustrated that the citizens are frustrated, and nobody is allowed to do police work.”

“All these politicians will tell you we’ve got to do both simultaneously. Not a realistic expectation. … [APD sworn police] do not feel like they have a recipe for success. … 85% of them are looking for other jobs in a year where 137 police officers have already left followed by a year where 81 police officers left last year. I mean we have a natural attrition rate in this police department dating back 20 years of 60. So they’ve got a serious problem on their hands and I think it starts with treating your employees with a little more respect. … I don’t know a single police officer who would recommend the Albuquerque Police Department as a place of employment.”

Willoughby in one interview said it’s time for APD to start dictating policy for the department saying they have a right to identify things that are not working and fix them. Willoughby went on to say one of those things is the “use of force policy”. He says officers are spending hours of their day being investigated by Internal Affairs for use of force when they could be out on the streets fighting crime.

Willoughby said there was no political motivation behind releasing the survey results four days before the mayoral election.

On Friday, October 29, APD issued the following statement in response to the police union poll:

“We have acknowledged and been up front about the fact that officers are not happy with the DOJ settlement agreement and the focus on discipline. At the same time, the Court-appointed monitors are coming out with a new report that once again criticizes the department for not doing enough to discipline officers. The fact is we are working with the DOJ and the Congressional delegation to push back against unreasonable demands from the monitoring team, while working toward compliance and lasting reform. I would also point out that 61% of voters in a recent survey support the job our police officers are doing. Public support is essential for our department to be effective.”

Links to quoted source material are here:

https://www.abqjournal.com/2441753/survey-apd-officers-unhappy-with-local-leaders.html

https://www.kob.com/albuquerque-news/apoa-survey-officers-do-not-feel-supported-by-city-leaders/6285010/?cat=500

https://www.krqe.com/news/politics-government/survey-reveals-what-apd-officers-believe-to-be-biggest-factor-in-crime-problem/

SEVEN YEARS OF POLICE UNION OBSTRUCTION TACTICS

During the past 7 years Shaun Willoughby and the police union members he represents have done everything they could to undercut the police reforms brought on by the Department of Justice (DOJ) investigation that found a “culture of aggression” and repeated use of deadly force and excessive use of force. The Federal Court Appointed Monitor has labeled the union interference with the reforms as the “County Casa Effect”. The Federal monitor has defined the Counter Casa Effect as a group of “high-ranking “ police officers.

In his 10th report, the Federal Monitor defined the “Counter-CASA effect” and the group of high ranking sworn police as follows:

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

“Some members of APD … resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example, … Collective Bargaining Agreement (CBA) disciplinary timelines, appear at times to be manipulated by supervisory, management and command levels at the area commands, letting known violations lie dormant until timelines [mandated by the union contract] for discipline cannot be met.”

In his 12th Monitor’s Report, Dr. Ginger states:

… Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor … report[s] … he sees actions that transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.”

… Supervision, which includes Lieutenants and Sergeants in the union, need to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.”

POLICE UNION PUBLIC RELATONS CAMPAIGN TO DISCREDIT REFORMS

On April 27, 2021, it was widely reported that the Albuquerque Police Officers Association (APOA) launched a $70,000 political ad campaign to discredit the Department of Justice (DOJ) mandated reforms saying the police reforms are preventing police officers from doing their jobs and combating crime.

The Police Union political ad campaign consisted of billboards around the city and testimonials on TV, radio and social media from former Albuquerque Police Department officers. The public relations campaign is urging the public to tell city leaders that crime matters more than the Police reforms mandated by the settlement.

APOA Police Union President Shaun Willoughby described the need for the public relations campaign this way:

“You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both. We think it’s time that our city leaders hear from the public that crime matters more because it does. … They want to focus on the growing crime problem, instead of wasting millions of dollars on endless Department of Justice oversight. … This conversation of reform needs to come back to common sense.” …

A POLICE UNION CANARD

During the June 9, 2021 status conference hearing, presiding Federal Judge James Browning asked the Federal Monitor what he thought about the police union accusations that the settlement is the cause of higher crime. The federal monitor’s response was swift and he told the court:

“[The accusation is] a union canard. We’ve talked about the counter-CASA effect in Albuquerque for years and years, and it is still alive and well. This latest process from the union is just another piece of counter-CASA. The union would like us out of town, I’m sure, and remember this monitoring team – as much as we love Albuquerque – would be glad to be done with the job. But we’re not going to give passing scores unless passing scores are earned. … [if the city] will actually focus on compliance” [it could be done with the CASA in 2 to 3 years]. … We’re constantly making the same recommendations over and over and over again. Just like this time – 190-plus recommendations. It’s a get-out-of-the-CASA-free card, those 190 recommendations. What’s dragging this out, quite frankly, your honor, is a police department not focusing its resources on complying with the CASA.”

APD’S FAILURE TO IMPLEMENT MANDATED REFORMS

On May 3, 2021 the Federal Court Appointed Monitor filed with the Federal Court the 13th compliance report of APD. The report covers the time frame of August 2020 through January 2021. The report finds that APD is deteriorating further in not achieving the mandatory compliance levels.

The link to the 350 page 13th Federal Monitor’s report is here:

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

APD FAILS TO CONTROL “USE OF FORCE”

Quoting the 13th federal monitor’s (IMR-13) report:

… it continues to be apparent that APD has not had and currently does not have an appetite for taking serious approaches to control excessive or unwarranted uses of force during its police operations in the field. Command and control practices regarding the use of force continue to be weak. APD continues to lack the ability to consistently “call the ball” on questionable uses of force, and at times is unable to “see” obvious violations of policy or procedure related to its officers’ use of force.”

“At this point, the disciplinary system at APD routinely fails to follow its own written policy, guiding disciplinary matrices, and virtually decimates its disciplinary requirements in favor of refusals to recognize substantial policy violations, and instead, often sustaining minor related violations and ignoring more serious violations. In other cases, APD simply defies its own written guidance.

“… APD is willing to go through almost any machination to avoid disciplining officers who violate policy or supervisors who fail to note policy violations or fail to act on them in a timely manner.” …

Again, during this reporting period, we provided APD with highly detailed step-by-step recommendations regarding the use of force investigations and supervision at all levels of the department, among other critical issues. Despite this advice, APD has actually lost ground in its compliance efforts as it relates to training related to and operational implementation of the requirements of the CASA.”

This monitor’s report can be synopsized in a single sentence. Due to a catastrophic failure in training oversight this reporting period and similar failures at the supervisory and command levels of APD, the agency suffered a 9.9%-point loss in compliance elements related to the training and supervisory functions at APD and a 7.8% loss in overall compliance ….

(IMR-13, pages 2 and 3)

https://www.petedinelli.com/2021/05/11/federal-monitors-12th-and-13th-reports-highlight-mayor-tim-kellers-catastrophic-failure-to-implement-the-doj-mandated-reforms/

COMMENTARY AND ANALYSIS

Police union surveys in years past have been taken and released by the union as the police union contract negotiations are about to begin with the city. The surveys are used to gain leverage in union contract negotiations to give it the upper hand. Lest anyone forget, it was in May that the police union began a $70,000 public relations campaign to disparage the Department of Justice Court Approved Settlement Agreement (CASA) making the bogus argument that the CASA was the cause of the City’s high crime rate.

It’s so damn laughable that Union President Shaun Willoughby would say there was no political motivation behind releasing the union survey results 4 days before the mayoral election to the point that there is a need to just say he is lying. There was absolutely no urgency nor need to release the poll other than the November 2 election. The survey could just have been easily released after the election, but the union just had to take one more cheap shot at Mayor Tim Keller and APD Chief Harold Medina.

Union President Shaun Willoughby takes another cheap shot literally 2 days before the November 2 election by announcing the union would not be making an endorsement and “slims” by making inflammatory and false accusations that APD is not being supported by City Hall and saying that is the reason for not making an endorsement.

PROMOTING THE BIG LIE

Police Union President Shaun Willoughby has been on a public relations “slim” campaign promoting the “big lie” that the DOJ consent decree reforms are the cause of officer shortages, low morale and high crime. He and the union perpetually complain after the City Council gives APD a $227 million dollar budget. Millions go to pay APD sworn police, including salaries, overtime pay, retirement contributions, insurance benefits and providing equipment needs such as police cars, lapel cameras and training. Simply put APD personnel are the best paid at city hall with one of the most lucrative retirements.

The police union complaints about the reforms have been going on 7 years, before the pandemic and long before the national movement of police scrutiny and accountability. The Federal Monitor has documented the reform resistance and the negligent personnel management causing the problems.

The Federal Court and the Monitor have no management authority over APD. The department’s problems are not caused by the reforms but caused by the way Keller, Medina and his 3 Deputies have implemented the reforms and union sergeant and lieutenant membership obstructing the mandated reforms.

REAL REASONS BEHIND FALSE CLAIMS

According to police officers, they are afraid to do their jobs for fear of being investigated, fired or disciplined. They claim their hands are tied. The police union for 7 years has obstructed the reforms. The police union went so far as to initiate a $70,000 political ad campaign and using Willoughby’s own words saying “You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both”, discrediting the need for reforms.

When “Slimer Shaun” Willoughby says it’s time for APD to start dictating policy for the department saying they have a right to identify things that are not working with the DOJ reforms and fix them, what he really means is that it’s time for the union to start dictating policy.

What the police union feels is interfering with APD sworn from doing their jobs are the following mandated reforms:

The mandatory use of lapel cameras by APD.
APD police can no longer shoot at fleeing cars.
APD police can no longer use “choke holds” to subdue suspects.
APD police need to use less lethal force and not rely on the SWAT unit.
APD police must use de-escalating tactics.
All APD officers must be trained in crisis intervention.
APD management must now hold all subordinate police officers accountable for all levels of violations of standard operating procedures.
APD Police officers are required to intervene when they witness and are concerned about other officers use of force. “Old guard” police officers view it as a “snitch” program where officers turn on fellow officers.
Sworn police officers believing that many standard operating procedures should not be enforced as being too petty or serving no useful function.
The mandatory “paper work” associated with any degree of use of force is too cumbersome.
Mandatory notification to superiors for investigation by police officers who witness another officer’s “excessive use of force” or violations of CASA reforms.

APD Chief Medina has said “The pendulum has swung too far in the wrong direction where officers do not feel supported, or that they can do their jobs effectively and safely in all situations. … We can’t simply move every officer to patrol the streets. … I don’t have the authority to defy a court order.”

No one is asking anyone to defy any court order but asking them to simply do their jobs. It’s Mayor Tim Keller and APD Chief Medina not supporting sworn police. They have control over APD, all personnel, discipline and how the reforms are implemented. The police union also has considerable influence and thus control over its membership, especially sergeants and lieutenants, who are management, and yet allowed to join the union, as they undercut or interfere with implementation of the reforms and discourage people from going to work for APD.

CONCLUSION

When Willoughby proclaims “I don’t know a single police officer who would recommend the Albuquerque Police Department as a place of employment” he is saying that he and the union only think about themselves and are part of the problem. Simply put, Keller and Medina have failed to manage and hire officers as the APD police union obstructs implementation of the DOJ reforms.

The Department of Justice will never leave the city and the case dismissed until APD management and the Police Union get behind the reforms to bring the department into full compliance with the consent decree.

The links related blog articles are here:

Headline Reality Versus Public Opinion; 61% Feel Safe In A City With Violent Crime Index of 346% National Average; 61% Approve Way APD Police Doing Job Despite Department’s Poor Performance Measures

NY Times: “How Police Unions Became Such Powerful Opponents to Reform Efforts”; This Sounds WAAAY Too Familiar! Dismiss Police Union As Party To Federal Lawsuit

Following are the headlines with report summaries and links to the full news stories for Halloween weekend:

November 1 ABQ Journal Headline: VIOLENCE OVER WEEKEND LEAVES 5 FATALLY SHOT, OTHERS INJURED

“Violence erupted marring the Halloween weekend around the metro area with five people fatally shot and multiple persons wounded in separate incidents which spanned from Downtown to Southeast Albuquerque, the South Valley, Corrales and the West Side. … The weekend started off with gunfire at a large house party on the West Side, a homicide in Downtown Albuquerque and a killing in Corrales.”

https://www.abqjournal.com/2442212/bcso-investigating-double-homicide-in-county.html

HEADLINE: “Albuquerque police: Party gunfire wounds multiple people”

“Albuquerque police say at least several people were shot and wounded by gunfire during what was described as a large house party early Saturday morning.”

https://www.kob.com/albuquerque-news/albuquerque-police-party-gunfire-wounds-multiplequot-people/6285750/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

HEADLINE: “House party shooting in northwest Albuquerque”

“A house party turned into a chaotic scene Saturday morning in northwest Albuquerque. Several people were injured after shots were fired at the party. None of the injuries are considered life-threatening. An APD spokesman says officers responded to a 911 call near McMahon Boulevard NW and Fineland Drive NW. … Stray bullets hit several houses. … APD says multiple people were shot and taken to the hospital.”

https://www.koat.com/article/several-people-injured-in-house-party-shooting/38113864

HEADLINE: “Son of former State Senator killed in first murder in Corrales, since December, 2002”

“The son of former State Senator Steve Komadina was killed Saturday in Corrales – the first murder in Corrales, since December, 2002. … Corrales Police Chief Victor Mangiacapra confirmed to Action 7 News that 46 year old Spencer Komadina was shot and killed, after an altercation with his roommate at their home, located on the 300 block of Camino De Corrales Del Norte. …”

https://www.koat.com/article/son-of-former-state-senator-killed-in-first-murder-in-corrales-since-december-2002/38117160

HEADLINE: BCSO: Shooting leaves 2 dead, 4 injured at South Valley party.

“Two people are dead and four people, including a juvenile, were injured after a shooting in the South Valley at a Halloween party. … BCSO states that the victims were transported to UNMH and were last reported to be in stable condition. Investigators later learned that there was another gunshot victim, a juvenile, that was also in stable condition at the hospital.”

https://www.krqe.com/news/crime/bcso-two-confirmed-dead-multiple-injured-in-south-valley-shooting/

ALBUQUERQUE JOURNAL POLL

The Halloween weekend headlines are Albuquerque’s reality verses public opinion.

The Albuquerque Journal commissioned a poll by its long-time pollster Research and Polling for the November 2 municipal election. The poll was conducted from October 15 through October 21. Included in the poll was a question if voters “felt safe” and their feelings if they felt Albuquerque Police Department (APD) is doing its job.

The Journal Poll is based on a scientific, citywide sample of 536 likely regular local election voters, including those who voted in the 2017 and/or 2019 local elections and a small sample of newly registered voters likely to vote in 2021. The voter sample has a margin of error of plus or minus 4.3 percentage points.

On October 27, the Journal published a front page an article entitled “Despite crime issue, most ABQ voters feel safe” written by Journal Staff writer Matthew Reisen. The link to the full Journal article is here:

https://www.abqjournal.com/2441280/despite-crime-issue-most-abq-voters-feel-safe-ex-the-majority-of-those-polled-believe-apd-officers-doing-a-good-job.html

HIGHLIGHTS OF THE POLL

Following are the major highlights of the poll:

87% are “concerned” about crime.

61% say they feel either very safe or somewhat safe in Albuquerque.
15% of women said they feel very safe.
22% of men said they feel very safe.

DISPARITY IN FEELINGS OF SAFETY WIDENED WITH POLITICAL PARTY AND MAYORAL SUPPORT

76% of Democrats said they felt safe in Albuquerque.
38% of Republicans said they felt safe in Albuquerque.

75% of Mayor Tim Keller’s supporters reported feeling safe.
36% of Sheriff Gonzales’ supporters reported feeling safe.
38% of Eddy Aragon’s supporters reported feeling safe.

APD APPROVAL RATINGS

61% approve of the job Albuquerque police officers are doing.
44% of voters ages 18 to 34 said they approve of the job officers are doing.
69% of those 65 and older approve the way APD is doing its job.

70% of conservatives say they approve the way APD does its job.
47% of liberals say they approve the way APD does its job.
65% of moderates say they approve the way APD does its job.

Approval for officers dipped most among Keller supporters at 56%.
Aragon supporters showed the highest support for officers at 73%.

Regarding the disparity in feelings of safety widening with political party, Brian Sanderoff, the President of research and Polling told the Journal:

“I’ve noticed over the years that, when you ask a person, ‘how safe are you?’ – if the chief executive, whether it be a mayor, or a governor, is a Democrat, the Democrats were like – ‘Oh, I’m safe.’ There’s something about people relating it to how they feel about the chief executive. And I see that trend here to an extent. … , [the same holds true for Republicans.]

The link to the full report is here:

https://www.abqjournal.com/2441280/despite-crime-issue-most-abq-voters-feel-safe-ex-the-majority-of-those-polled-believe-apd-officers-doing-a-good-job.html

CITY CRIME RATES, APD’s PERFORMANCE MEASURES AND DOJ POLICE REFORMS

Given the overall poll results that 61% feel safe and somewhat safe and that 61% approve the way APD is doing its job, a review of the city’s crime rates, APD’s performance measure statistics and APD’s compliance with implementing the department of justice mandated police reforms are in order.

ALBUQUERQUE CRIME RATES IN A NUTSHELL

According to the 2020 FBI Unified Crime Reports:

Albuquerque has a crime rate of 194% higher than the national average.
Albuquerque’s Violent Crime Index for 2020 is 346% of the national average.
Albuquerque Property Crime Index for 2020 is 256% of the national average.

SOURCE:

https://crime-data-explorer.app.cloud.gov/pages/explorer/crime/crime-trend

HOMICIDES

In 2018 there were 69 homicides.
In 2019 there were 82 homicides.
In 2020, there were 76 homicides.
As of November 3, 2021 there have been 96 homicides within the city limits a new all-time record high.

https://www.koat.com/article/barelas-homicide-abq-homicides/38147165

https://www.abqjournal.com/1199913

https://www.cabq.gov/police/documents/apd-homicide-list-for-web-site-as-of-20sep2021.pdf

VIOLENT CRIMES

In 2018 there were 6,789 violent crimes. There were 3,885 Aggravated Assaults and 491 Non-Fatal Shootings.

https://www.petedinelli.com/2019/11/21/city-matches-homicide-record-high-of-72-murders-mayor-keller-forced-to-defend-policies-makes-more-promises-asks-for-more-money/

In 2019 the category of “Violent Crimes” was replaced with the category of “Crimes Against Persons” and the category includes homicide, human trafficking, kidnapping and assault.

In 2019 Crimes Against Persons increased from 14,845 to 14,971, or a 1% increase.

The Crimes Against Person category had the biggest rises in Aggravated Assaults increasing from 5,179 to 5,397.

In 2020 Crimes Against Persons went from 14,971 in 2019 to 15,262 in 2020.

APD PERFORMANCE MEASURE STATISICS

APD arrests have plummeted. APD statistics for the budget years of 2019 and 2020 reflect the department is not doing its job of investigating and arresting people. APD felony arrests went down from 2019 to 2020 by 39.51% going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%.

In 2019 APD had 924 full time police. In 2020, APD had 1,004 sworn police or 80 more sworn police in 2020 than in 2019, yet arrests went down during the first year of the pandemic.

APD’s homicide unit has an anemic clearance rate of 36%. The police union falsely proclaims officer’s hands are tied by the DOJ reforms and are afraid of doing their jobs for fear of being disciplined.

HISTORICAL LOW HOMICIDE CLEARANCE RATES

For the past three years, the homicide clearance percentage rate has been in the 50%-60% range.

According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%.

In 2017, the homicide clearance rate was 70%.
In 2018, the homicide clearance rate was 56%.
In 2019, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade. In 2020 the clearance rate has dropped to 50%. Of the 75 homicides thus far in 2020, half remain unsolved. There are only a dozen homicide detectives each with caseloads high above the national average.

AUTO THEFTS STILL HIGH

On June 26, 2019 the National Insurance Crime Bureau (NICB) released its annual list of cities with the most stolen vehicles reported. Despite a 28% reduction in auto thefts over a two-year period, Albuquerque ranked No. 1 in the nation for vehicle thefts per capita for the third year in a row. On July 30, 2020, the National Insurance Crime Bureau (NICB) reported that Albuquerque is now ranked #2 in the nation for auto theft.

https://www.forbes.com/sites/jimgorzelany/2019/06/27/these-are-the-cities-with-the-highest-car-theft-rates/#7c42e7d35146

RESPONSE TIMES

A February 20th KOAT TV Target 7 investigation into the Albuquerque Police Department’s (APD’s) response times revealed an alarming level of time it takes APD to respond to 911 emergency calls. The time it takes for APD to respond to priority 1 calls in all likely has a major impact on increasing physical injury. It was reported that it takes APD 23 minutes longer to get to an emergency call than it did 8 years ago. There has been an astonishing 93% increase since 2011 with response times getting worse every year since.

In 2011, the average response time to all calls, whether it was a life-or-death emergency or a minor traffic crash was 25 minutes. In 2019, that time period spiked to 48 minutes in the average response time.

https://www.koat.com/article/apd-response-times-continue-to-climb/31028667

The main reason for the dramatic increase in response times is a reduction in the number of sworn police with a corresponding increase in calls for service and 911 emergency calls. Not at all surprising is that when you examine APD’s manpower levels over the past nine years, response times were quicker when there were more sworn police assigned to the field services.

On December 1, 2009, the Albuquerque Police Department (APD) was staffed at 1,100 police officers. At the time, APD was the best trained, best funded, best equipped and best staffed in the history of the police department. The city’s overall crime rates were significantly lower than they are today.

For the full 8 years from December 1, 2009 to December 1, 2017, APD spiraled down wards as a result of poor management, budget cuts, police salary cuts and an investigation by the Department of Justice (DOJ) resulting in a finding of a “culture of aggression” within the department. The DOJ investigation resulted in a federal lawsuit and a consent decree mandating major reforms to APD and included the appointment of a federal monitor. When Mayor Keller took office on December 1, 2017, APD had plunged to approximately 870 full time police officers and the numbers went down even further to 830 at one time.

Today, APD staffing has not gotten much better. According to recent reports, APD is down to 940 sworn police.

APD’S FAILURE TO IMPLEMENT MANDATED REFORMS

The Court Approved Settlement Agreement (CASA) mandates 271 police reforms that APD is still struggling to implement after 6 years and millions spent. The most recent 13th Federal Monitors report released finds that APD is deteriorating further in not achieving the mandatory compliance levels.

On May 3, 2021 the Federal Court Appointed Monitor filed with the Federal Court the 13th compliance report of APD. The report covers the time frame of August 2020 through January 2021. It appears that things have only gotten worse for APD.

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.

In the IMR-13 report, the Federal Monitor made the following findings on the 3 compliance levels:

Primary Compliance: 100%;
Secondary Compliance: 82%;
Operational Compliance: 59%.

Since the last report, IMR-12, the following changes in compliance levels are noted:

Primary Compliance: No change at 100%
Secondary Compliance: A loss of 9.9%
Operational Compliance: A loss of 7.8%

All documents related to APD’s settlement agreement can be downloaded and reviewed at this city web site link:

https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement

The 13th Federal Monitor’s report contains a number of very disturbing findings given that over 6 years has elapsed and millions spent on the reforms.

The link to review the 13th Federal Monitor’s report:

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

To quote the 13th federal monitor’s report:

“At the present time, APD’s most critical tasks are two-fold. …

First, it needs to control the uses of force effectuated by its personnel, ensuring that each use of force is carefully assessed for compliance to approved policy and that each use of force was the minimum necessary to accomplish a legitimate policing objective.

Secondly, APD needs to actually enforce the mandates of its established disciplinary system and ensure that improper uses of force in the field are addressed through fairly applied remedial measures, e.g., counseling, retraining, enhanced supervision, and discipline.”

(IMR 13, page 1)

APD FAILS TO CONTROL “USE OF FORCE”

“… it continues to be apparent that APD has not had and currently does not have an appetite for taking serious approaches to control excessive or unwarranted uses of force during its police operations in the field. Command and control practices regarding the use of force continue to be weak. APD continues to lack the ability to consistently “call the ball” on questionable uses of force, and at times is unable to “see” obvious violations of policy or procedure related to its officers’ use of force.”

APD’S FAILING DICIPLINARY PROCESS

“At this point, the disciplinary system at APD routinely fails to follow its own written policy, guiding disciplinary matrices, and virtually decimates its disciplinary requirements in favor of refusals to recognize substantial policy violations, and instead, often sustaining minor related violations and ignoring more serious violations. In other cases, APD simply defies its own written guidance.”

(IMR-13, page 2)

MACHINATIONS TO AVOID DISCIPLINING OFFICERS

“… APD is willing to go through almost any machination to avoid disciplining officers who violate policy or supervisors who fail to note policy violations or fail to act on them in a timely manner.”

CLEAR AND DELIBERATE INDIFFERENCE AND IGNORING MONITOR’S RECOMMENDATIONS

“Interestingly, we note this aversion to discipline does not seem to apply to civilian personnel, who are often subjected to maximum penalties for relatively minor violations. To the monitor, this constitutes clear evidence of deliberate indifference to the requirements of the CASA [as applied to APD sworn police personnel]. Again, during this reporting period, we provided APD with highly detailed step-by-step recommendations regarding the use of force investigations and supervision at all levels of the department, among other critical issues. Despite this advice, APD has actually lost ground in its compliance efforts as it relates to training related to and operational implementation of the requirements of the CASA.”

(IMR-13, page 3)

CATASTROPHIC FAILURE IN TRAINING OVERSIGHT

“This monitor’s report can be synopsized in a single sentence. Due to a catastrophic failure in training oversight this reporting period and similar failures at the supervisory and command levels of APD, the agency suffered a 9.9%-point loss in compliance elements related to the training and supervisory functions at APD and a 7.8% loss in overall compliance …. Overall, there is an argument to be made that operational compliance rates have held relatively steady, at slightly less than 60 percent, since IMR-8, two and one-half years ago.”

https://www.petedinelli.com/2021/05/11/federal-monitors-12th-and-13th-reports-highlight-mayor-tim-kellers-catastrophic-failure-to-implement-the-doj-mandated-reforms/

COMMENTARY AND ANALYSIS

In general, public opinion polls are conducted to gage the degrees of positive or negative reactions to a given issue. For that reason, it is difficult to reconcile the results of the Journal poll showing 87% are “concerned” about crime, yet 61% “feel safe and somewhat safe” in a city with such high crime rates.

Had those polled been told that Albuquerque has a crime rate of 194% higher than the national average and that the city’s violent crime index for 2020 is 346% of the national average, it is highly unlikely 61% would say they “feel safe” or “somewhat safe” if they were told. Pollsters call such polls containing such information “push polls” to get a desired response. Instead of being “concerned” about crime, more than a few would likely say they felt “upset”, “angry” or even “afraid” if they were given the information on the city’s crime rates. One feasible response from those polled is that city residence have become “numb” to the reality of violent crime so long as they are not the victim.

It is equally difficult to reconcile that 61% approve the way APD police are doing their jobs. The reality is APD has a very low arrest rates and homicides clearance rates. Response times to 911 calls have spiked by 93% since 2011. Further, APD is still a law enforcement department under a court approved settlement agreement failing to implement the mandated police reforms after a full 7 years and millions spent.

Too many times public opinion polls do not reflect reality. They are a “snapshot in time” of public sentiment. The blunt truth is that public opinion polls are nothing more than an expression of people’s perception on how they feel at one given time and attitudes can change overnight. In Albuquerque, it’s a stretch to say that people are actually safe given our high violent crime rates. It is also a stretch of the imagination to say that APD is doing its job given the decline in arrests and low clearance rates.

Voters may say the feel safe in an opinion poll, but that does not make it so.

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POSTSCRIPT

Below are the two major questions asked in the poll with the results reported:

1. OVERALL, HOW SAFE DO YOU FEEL IN ALBUQUERQUE?

Very Safe: 18%
Somewhat Safe: 43%
Somewhat Unsafe: 23%
Very Unsafe: 12%
Depends: 4%

2. DO YOU APPROVE OR DISAPPROVE OF THE WAY ALBUQUERQUE POLICE OFFICERS ARE DOING THEIR JOB?

Approve: 61%
Disapprove: 20%
Mix feeling: 17%

BREAKDOWN BY IDEOLOGY OF APPROVE OR DISAPPROVE WAY APD OFFICERS DOING JOB

CONSERVATIVE

Approve: 70%
Disapprove: 13%
Mixed Feelings: 15%

MODERATE

Approve: 65%
Disapprove: 17%
Mixed Feelings: 16%

LIBERAL

Approve: 47%
Disapprove: 31%
Mixed Feelings: 18%

BREAKDOWN BY AGE GROUP OF APPROVE OR DISAPPROVE WAY APD OFFICERS DOING JOB

18 TO 34 AGE GROUP

Approve: 44%
Disapprove: 36%
Mixed Feelings: 17%

35 TO 49 AGE GROUP

Approve: 58%
Disapprove: 24%
Mixed Feelings: 17%

50 TO 64 AGE GROUP

Approve: 63%
Disapprove: 21%
Mixed Feelings: 15%

65+ AGE GROUP

Approve: 69%
Disapprove: 9%
Mixed Feelings: 18%

The full Journal article can be read here:

https://www.abqjournal.com/2441280/despite-crime-issue-most-abq-voters-feel-safe-ex-the-majority-of-those-polled-believe-apd-officers-doing-a-good-job.html