On December 16, Federal Judge James Browning held an all-day hearing on the 14th Federal monitor’s report on APD’s compliance with the Court Approved Settlement Agreement. The Federal Monitor, the Department of Justice, the City, APD and the police union all gave statement to the court.

This blog article is an in-depth summary of the 14th Federal Monitors Report and major highlights of the December 16 hearing on the report.

(EDITOR’S NOTE: Many thanks to Attorney Allen Wagman and Freelance Reporter Charles Arasim who both contributed the information on the hearing with Pete Dinelli solely responsible for the Commentary and Analysis.)

BACKLOG OF USE OF FORCE CASES SEVERLY CRITICIZED

Albuquerque Police Department’s (APD) Internal Affairs Force Division was severely criticized by Department of Justice (DOJ) attorneys for the monitor’s findings that 155 use-of-force cases were not assigned to investigators during the 6 month monitoring period. The DOJ attorneys described the failure as a “work stoppage.”

DOJ Attorney Jared Hager put it this way:

“The backlog means APD doesn’t even know whether or not officers are violating the Fourth Amendment and that’s a scary thought. … This core failure echoes our findings of excessive force, which gave rise to the Court Approved Settlement Agreement (CASA) 7 years ago. We found then that driving the problem of unconstitutional force was inadequate investigations and the unwillingness on the part of supervisors and command staff to hold officers accountable when force was used.”

SUMMARY OF 14TH FEDERAL MONITOR’S REPORT

The magnitude of the “backlog” dominated the discussions during the all-day federal court hearing before Judge Browning. For that reason, the summary of what the Federal Monitor found in his 14th report merits quoting and is as follows:

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

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

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

… these failings [are] more than notable, given the amount of time the monitoring team spent with APD in the last reporting periods specifically focused on process improvement processes at [the Internal Affairs Force Division] IAFD.

Of the 12 cases reviewed for compliance concerning discipline, only 58% met the requirements for adherence to progressive discipline as outlined in the CASA.
A second backlog of 667 uninvestigated use of force cases … was reported. This second backlog is more than double the initial backlog APD dealt with from 2018-2020 and does not include any of the contemporary cases left uninvestigated by IAFD.

Approximately 83% of these cases are already time-barred for discipline in accordance with the [union contract], should misconduct be found. Since its discovery, this backlog has been reduced from 667 cases to 660 cases (as of October 25, 2021).

At this rate of case productivity, we project that it will take APD 94 months to “clear” this second backlog, which, again, would ensure no disciplinary actions for policy violations in another 667 cases.”

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

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

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

CITY REPONDS TO 14TH FEDERAL MONITOR’S REPORT

On November 14 after the 14th Federal monitors report release, City Attorney Estaban Agular, APD Chief Medina and the Police Union took issue with the accusation that the backlog was “deliberate non compliance.”

City Attorney Esteban Aguilar, Jr. had this to say:

“Using … inflammatory hyperbolic language is improper editorializing in a whole lot of areas. … It improperly ascribes intent to the work of our officers, the women and men who are on the ground, trying to not only keep us safe, but trying to implement all of the provisions of constitutional community-based policing.”

… I think it does a disservice to the work of the department, but also the work of the community members who have been engaged in this process, and who have been actually asking for meaningful change as well, because we’ve been walking with them step by step throughout this process.”

APD Chief Medina condemned the 14th Federal Monitor report saying it’s easy for someone who is “thousands of miles away” to point at APD’s problems and saying it’s intentional. Medina claims that everyone is working to comply in the best way they can and he had this to say:

“It’s a matter that we don’t know how to do stuff to their liking, or to their standards. … I think that’s been a problem from the very beginning is that instantly when APD fails, they’re tagged by the monitoring team, DOJ, as ‘Oh, APD is resisting this.’ No, you guys are all here because APD sometimes doesn’t know how to do this stuff. And that’s what we should be doing is if we’re doing it wrong, correct us more quickly, and give us the lag time to put the fixes in place.”

https://www.kob.com/albuquerque-news/apd-chief-disappointed-with-latest-doj-monitor-report/6306468/?cat=500

Shaun Willoughby, President of the Albuquerque Police Officer’s Association, had this to say about the 14th Federal Monitor’s Report:

“Dr. Ginger is pointing the finger at APD, saying that they’re doing this intentionally. That’s an absolute absurd joke. It’s a lie. … The monitor was supposed to be here in Albuquerque, helping with technical assistance. He’s doing that over Zoom and over phone calls from a different state.”

MOVING FORWARD TO ADDRESS BACKLOG

During the December 16 hearing, DOJ attorneys told Judge Browning that in moving forward they would not be content with a “sampling” of the backlogged cases being reviewed. What the DOJ is demanding is that instead sampling, it wants each and every one of the cases to be investigated in order to see if officers violated policies.

The settlement requires all uses of force cases be referred for investigation and not just those where someone makes a complaint. Because the cases haven’t been investigated, the DOJ is saying it’s impossible to say how many violated policies. The newly created External Force Investigation Team (EFIT) found that 10% of the more recent cases were out of policy.

According to the DOJ attorneys, the newest backlog comprises 667 cases and adding that to a 2019 backlog of more than 300 cases, there are almost 1,000 instances where force was used, but APD officers who violated policy cannot be disciplined. US Attorney Paul Killebrew was sharply critical of APD over the backlog and its failure to deal with it and told Judge Browning:

“As this backlog developed, we did not see the sense of urgency, we did not see [APD] … adapt, we did not see them owning the problem. … We saw a lot of focus put elsewhere. We’ve seen a lot of focus on the rhetoric, rather than what’s in the [Federal Monitor’s] reports.”

Assistant United States Attorney Paul Kilebrew told the court the Department of Justice believes that the backlog of cases reflects a “pattern of practice” that is of very serious concern and that it reflects a “failure of leadership and management” at APD. Kilebrew told the court that review and disposal of the back log of cases is considered “very high priority” for the DOJ.

According to the DOJ attorneys, it could take investigators 18 months to work through the cases.

RELEVANT EFIT TIMELINE

The following information was reported to the Court during the December 16 by APD command staff:

The External Force Investigation Team (EFIT) preliminary service contract was fully negotiated by May, 2021.

The EFIT was fully functional by July 16. 2021 and the EFIT professionals services expires May 2, 2022.

All investigator’s hired under the EFIT contract are experienced in Internal Affairs “Use of Force” investigations with many being former commanders or former Chief’s of Police or Tactical K-9 units with many serving in departments under Court approved settlement agreements.

Since July, 2021, EFI and and the APD Internal Affairs Force Division have responded to 198 Use of Force incidents. These investigations have been completed on a average of 54.68 days. In addition, the EFI close 74 Use of Force Investigations averaging a total of 88.35 days until closure.

Eight of the 74 Use of Force cases were found to be out of APD policy (10.81%) and 23 of the 74 inevestigations (32.48%) failed to comply with APD process requirements.

HE SAID, SHE SAID EXCHANGE

Federal Court Monitor Dr. James Ginger in his 14th IME Report and during the hearing made the claim that the severe backlog of cases is “another example of deliberate noncompliance” by APD. In news reports, and during the December 16 hearing, the City, APD and even the union sharply and unequivocally said the backlog is not deliberate and that APD has taken full responsibility for it. Nair emphasized to the court that the city and APD is facing the challenges of rising violent crime and a decrease in ranks within APD and that it is balancing those problems with trying to complete the reform process.

During the December 16 hearing, Chief Administrative Officer Sarita Nair had this to say:

“During this time [of the monitoring period], the department was coming to grips not just with the pileup of unaddressed cases, but also with the complete inadequacy of the force investigatory processes, and mass departures from the Force Investigation Division at all ranks … We decided to press pause to fix the processes instead of continuing to conduct inadequate investigations. In retrospect, APD leadership recognizes that this was not the right decision.”

“It is a drastic oversimplification and, frankly, the easy way out to say that APD just needs more willingness to achieve reform. … The real challenges are more complex. A lot of times, when we explain the very real choices that the department has made about officers’ time, we’re met with criticism that we’re pushing back against reform. We’re not pushing back on reform. We just know that part of the discussion must be to explain how things actually work and how we can learn from our past.”

The link to quoted source material is here:

https://www.abqjournal.com/2455105/ignored-use-of-force-cases-dominate-federal-court-hearing.html

BACKLOG STOPPED WITH EXTERNAL FORCE REVIEW TEAM

Earlier in 2021, the City and APD was faced with the real possibility of the DOJ seeking contempt of court and placing APD in receivership after the federal monitor found in 2020 that APD was failing to police itself and failing to investigate excessive use of force cases. It was on February 26, 2021 U.S. District Judge James Browning approved a stipulated order creating the External Force Investigation Team (EFIT) to avoid APD being held in contempt of court and placed into receivership.

EDITORS NOTE: On February 19, 2021, the police union file an “Objection and Motion Opposing” to the EFIT arguing that it was in violation of the collective bargaining agreement (CBA) and that it affected union rights under the contract. On December 16, the day of the hearing on the 14th report, Judge Browning filed a 65-page Memorandum And Opinion denying the unions Motion and Objection. Before denying the unions motion, the Court first found that the terms and conditions of the Union Contract, which expired on June 31, 2020 is still in full force and affect until a new contract is negotiated. Browning then ruled that the EFIT did not interfere or violate the union contract rights.

The EFIT team is responsible to train APD Internal Affairs (IA) investigators on how to properly investigate uses of force instances by APD police officers. The City agreed that at least 25 force investigators would be assigned to the APD Internal Affairs until APD demonstrates that fewer investigators are necessary to timely investigate uses of force by APD Officers. The city agreed to the creation of the EFIT in lieu of being put into a receivership after the federal monitor found in 2020 that APD was failing to police itself.

During the December 16 hearing, the parties agreed that the EFIT has been beneficial in helping internal investigators and it was reported that the backlog of cases has not continued to accrue since the EFIT team began its work. As a result, the City and the DOJ are in negotiations to extend the EFIT’s contract or hiring another group of civilian investigators to do the force investigations. According to Eric Garcia, the Deputy Superintendent of the Police Reform Bureau, the advantage to hiring civilians include the fact that few sworn officers want to work in Internal Affairs, use of civilians it frees up sworn officers to work in the field, and civilians have a more open mind and are not “tainted by prior experience.” According to Garcia, APD needs to hire staff to clear the use of force case backlog and APD does not have the resources to do so itself.

QUESTIONS FROM THE COURT

During the December 16 Court hearing, after initial remarks, Judge Browning set aside the announced and agreed to agenda by the parties and took control of the proceedings to ask questions and to address a number of issues before the hearing proceeded any further.

PLACING APD INTO RECIEVERSHIP

Judge Browning asked Assistant United States Attorney Paul Kilebrew if the Department of Justice was considering asking the Court to place APD into receivership where the Court would take over the full management and control of APD.

Kilebrew responded that the DOJ was not asking the court to place APD into receivership at the present time, but did emphasize that everything was on the table. It was last year that APD oversight groups and stakeholders, including APD Forward that includes 26 sperate community organization that promote police oversight that have banded together, demanded the appointment of a receiver. The Court made it clear that a receiver would never be appointed unless asked for by the parties.

The fact that Browning asked the question and gave the answer he did no doubt embolden the City to believe that APD will never be placed into receivership.

GINGER’S ASSESSMENT OF APD LEADERSHIP

During his December 16 court presentation, Independent Monitor Ginger predicted that the City was going to deflect blame on what was happening. However Chief Administrative Officer Sarita Nair said that the monitor’s prediction was wrong, and proceeded to assert that the City “owns the problem”. APD command staff witnesses also said the department has assumed responsibility.

Both Nair and APD Command, including Chief Medina, failed to seriously address the culture within APD. They failed to address to what extent they have failed to implement all the reforms as was promised 4 years ago by Mayor Tim Keller other than giving the excuse that APD does not have enough staffing.

Judge Browning asked Ginger “how deep are the leadership problems at APD” and what can be done to solve those problems. Ginger’s response was far more forthcoming than it has been in the past. Ginger stated that the problems with APD is “failed leadership”. According to Ginger the only thing that is going to change things and stop what is going on at APD is removing the existing leadership. Ginger has made it very clear over the last 7 years, he does not have command and control over APD nor of its personnel. Simply put, Ginger says “It’s not my job”, yet he knows damn well what can and should be done.

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

OUTSIDER NEEDED TO EFFECTUATE CHANGE

It was during an April 15, 2020 hearing when Federal Judge Browning asked Ginger what his thoughts were on the appointment of Chief Harold Medina as the new APD Chief. Dr. Ginger’s response was less than enthusiastic. Dr. Ginger thought then, as now, that APD needs an “external chief” or an “outsider” and in his words someone “nationally” with experience in DOJ reforms. Ginger expressed the opinion that such an outside person was needed to “effectuate real change” within APD.

Federal Monitor Ginger has no management nor control over APD Personnel. He has no authority to hire nor fire. Ginger has repeatedly emphasized that all he can do is make recommendations. Ginger made it clear that Mayor Keller and the City were free to hire whoever they want as Chief, that he could not object, but only offer his opinion that APD needs someone from the outside.

Along with his appointment of Harold Medina as permanent APD Chief, Mayor Keller appointed Sylvester Stanley as “Interim Superintendent of Police Reform” in addition to the position of Deputy Chief Administrative Officer (DCAO). Stanley has a lengthy and distinguished career in law enforcement, but regrettably, has absolutely zero experience in implementing DOJ reforms and constitutional policing practices such as that mandated by the CASA. After a short 8 months on the job, Stanley announced his retirement and will be leaving the city on December 31.

On December 16 when they had an opportunity to speak, CAO Sarita Nair and APD Chief Harold Medina took issue with Ginger saying that an outsider as chief is not what is needed. Nair opined that APD needs a Chief that thoroughly understands the Department, the City and its people. Medina not at all surprising defended his tenure as Chief and said he was the right person at the right time for the job.

CITY CLAIMS PROBLEM “RHETORIC”

During the December 16 hearing, Judge Browning noted news accounts and comments made about the 14th Federal Monitor’s Report and Dr. Ginger by the city and the union and he said he found the rhetoric about Ginger “curious”.

At one point, Judge Browning asked CAO Sarita Nair what were the exact quotes from Ginger that she felt were inflammatory. Nair had difficulty articulating and had trouble and stumbled giving an answer. Eventually, she referred the court to only one statement in the 14th Monitors Report that said:

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

Nair took issue with Ginger’s accusation of “deliberate” and the use of language in organizational development principals designed to “unfreeze”management problems. In what can only be described as a very smug and somewhat bizarre argument by Nair to discredit Dr. Ginger was when she essentially proclaimed the organizational development principals Dr. Ginger relied on are out dated having been developed many decades ago in academia. Dr. Ginger’s doctorate is in the study organizational development while Nair is an attorney. When it comes to an attorney, when the facts are not on your side, you argue the law.

CAO Sarita Nair took issue with Ginger moving towards accusations of deliberate and intentional conduct as opposed to “negligent conduct”. Nair said the reason for city’s focus on Ginger’s “rhetoric” was because of the poor morale it causes within APD amongst sworn officers. Judge Browning responded to Nair that he was not sure just how else Ginger could describe “deliberate” where Ginger has found no negligence by APD. Judge Browning was somewhat dismissive of Nair appearing to give her comments very little or no credence.

FAUX INDIGNATION BY NAIR, AGUILAR AND MEDINA

It is unmistakable that Federal Court Appointed Monitor Dr. James Ginger has changed the tone of his presentations. In the past, he has been like someone watching a lifeboat taking on increasing amounts of water and desperately and loudly sounding the alarm. In his 14th report and during the December 16 hearing, Federal Monitor Ginger seemed to be resigned to the fact that the lifeboat is sinking and he is now saying that the holes in the hull are deliberate.

The language the Federal Monitor used in his 14th report is downright tame to what he has said about APD in the past, yet City Attorney Esteban Aguilar, CAO Sarita Nair and Chief Harold Medina acted indignant over his conclusion that APD is now acting “deliberately and intentionally” not to bring the department into compliance. The blunt truth is that is that “deliberate and intentional” are the only words that accurately describe what has been going on with APD. Nair, Aguilar and Medina ostensibly have forgotten what Ginger has said in past monitor’s reports. Here is a reminder:

11TH FEDERAL MONITOR’S REPORT

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

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

“… since the beginning of the CASA compliance process that there were a few at APD who were overtly resistant to the CASA. [The Monitor] in the past [has] found evidence of a “counter-CASA effect” among some at the supervisory, mid-management, and command levels at APD. Those who knowingly or subconsciously count themselves in this group are beginning to face pressure to change their assessment of the value of the CASA. In some cases [they] have faced reasonably prompt and appropriate corrective efforts from the current executive levels of the APD for behavior that is not congruent with the CASA. … this as an essential “way forward” if APD is to move into full compliance. The remaining issue is that this pressure is neither uniform nor persistent.”

OCTOBER 6, 2020 HEARING

On October 6, 2020, Federal Monitor Ginger told Judge Browning in open court:

“We are on the brink of a catastrophic failure at APD. … [The department] has failed miserably in its ability to police itself. … If this were simply a question of leadership, I would be less concerned. But it’s not. It’s a question of leadership. It’s a question of command. It’s a question of supervision. And it’s a question of performance on the street. So as a monitor with significant amount of experience – I’ve been doing this since the ’90s – I would have to be candid with the Court and say we’re in more trouble here right now today than I’ve ever seen.”

12TH FEDERAL MONITORS REPORT

In the 12th Federal Monitors Report, Independent Monitor James Ginger wrote a scathing condemnation of APD’s ability to police itself and hold officers accountable when they improperly used force. Ginger found:

“[The federal monitor] identified strong under currents of Counter-CASA effects in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.”

During this reporting period, the monitoring team often found in its reviews of management and oversight practices, a near myopathy at APD when it comes to assessing actions in the field against the requirements of APD policy and the CASA. Supervisors and command level personnel have a deleterious tendency to ignore the requirements of policy and training, and at times to even support processes to hide or circumvent internal systems designed to ensure compliance to established policy. …

[There] are strong under currents of Counter-CASA effects in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.

Many of the instances of non-compliance seen in the field are a matter of “will not,” instead of “cannot”! The Monitor reports he see 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, “needs to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.
…
Most importantly, line officers need to engage in actions as designed by policy, law, and best practice, not past customs.

… [D] during the reporting period we encountered system-wide failures related to the oversight of force used by APD officers and supervisory and command review of those uses of force. The monitoring team has been critical of the Force Review Board (FRB), citing its past ineffectiveness and its failing to provide meaningful oversight for APD’s use of force system. The consequences are that APD’s FRB, and by extension APD itself, endorses questionable, and sometimes unlawful, conduct by its officers.

Still evident are systemic failures that allow questionable uses of force and misconduct to survive without being addressed in any meaningful way.”

13TH FEDERAL MONITORS REPORT

In his 13th compliance report of APD filed on May 3, 2021, Federal Monitor had this to say:

“… 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.

… 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.

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.”

The monitoring team views these drops in compliance to be serious and concerning, as they reflect substantial and serious lapses in APD’s command and oversight practices designed to ensure implementation of the CASA. These data indicate that, for the second time since the inception of the CASA implementation process, APD has dropped in period-over-period compliance.

It is clear to the monitor that as of IMR-13, APD is in serious trouble with its ability to generate compliance with the CASA. This should sound alarms at all levels of the Albuquerque City government. It bears repeating that operational compliance rates are lower today than in the IMR-9 reporting period, two years ago.”

REPLACING GINGER

During the December 16 hearing Judge Browning asked the City, the DOJ and Ginger point blank if Ginger should be replaced.

The Department of Justice attorneys told Browning that they had complete confidence in Ginger and were satisfied with his work product.

CAO Sarita Nair for her part said “the city has not at this time asked for a replacement monitor”.

Ginger for his part said that while he’s never quit anything he has started, if the court decided he should move on, he would without hesitation. Ginger also cautioned that he did not think “it will be different with any other monitor.” Ginger said he stood by the work product of his monitoring team, claimed they are the best you can get in the country.

CITIZEN POLICE OVERSIGHT BOARD DISINTEGRATION

Judge Browning was told that the Citizen Police Oversight Board (CPOB) is now down to 5 members, with 4, including the chair, having recently resigned because of overwork and onerous training requirements for members. The resignations come less than 2 months after CPOA Executive Director Ed Harness resigned and less than one month after Superintendent Of Police Reform Sylvester Stanley announced his retirement at the end of December.

City Council has a history of leaving vacancies unfilled for months at a time, even when it has dozens of applications in hand. APD compliance with citizen oversight is one of the areas in which APD has been backsliding. No definitive action was identified as to how the CPOA disintegration can be stopped.

POLICE UNION CONTRACT AND A DENIAL OF UNION OBJECTION TO EFIT

Judge Browning asked the City if the contract between the City and the Albuquerque Police Officers Association (APOA) is still legally in force because the two year contract expired on June 30, 2020. Negotiations on a new contract had began but were suspended not because impasse had been declared by the parties but because of the pandemic.

What complicates matters is the expired union contract did not have a clause that if a new contract was not negotiated before its expiration, the terms of the expired contract would still continue until a new contract was negotiated. Such a clause in labor law is referred to as an “evergreen clause.” It was later revealed by Judge Browning the reason for his question was the Court was filing a ruling and memorandum on the Union’s objection to the City and DOJ agreed order on creating and funding the External Force Review Team. Judge Browning ruled the expired union contract terms remain in force and effect under the New Mexico Collective Bargaining Act.

It was on February 19, 2021, the police union file an “Objection and Motion Opposing the EFIT” arguing that it was in violation of the collective bargaining agreement (CBA) and that it affected union rights under the contract. On December 16, Judge Browning filed a 65-page Memorandum and Opinion denying the unions Motion and Objection to the EFIT. In his memorandum opinion denying the union’s motion, the Court found that the terms and conditions of the Union Contract, which expired on June 31, 2020, are still in full force and affect until a new contract is negotiated between the city and the police union. The court then ruled that the EFIT did not interfere or violate police union contract rights.

Judge Browning in his ruling does not address the fact that the parties did not declare impasse on union negotiations. The union negotiations were suspended because of the covid pandemic. What is very disappointing is that Browning did not order the parties back to the bargaining table to negotiate a new contract.

UNION ATTORNEY DENIES EXISTENCE OF COUNTER-CASA EFFECT

Police union attorney Frederick Mowrer was the very last person to testify during the December 16 hearing. Mowrer flat-out denied the existence of a Counter-CASA effect. This is the very first time the union has disputed the existence of the Counter Casa Effect and in 7 years the union has never disputed the data the monitor has used to support his conclusions.

https://www.abqjournal.com/2455105/ignored-use-of-force-cases-dominate-federal-court-hearing.html

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

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.
…
Some members of APD continue to resist actively APD’s reform efforts, including using deliberate counter-CASA processes. For example:

• Sergeants assessed during this reporting period were “0 for 5” in some routine aspects of CASA-required field inspections;

• 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 for discipline cannot be met. ”

EXPIRED POLICE UNION CONTRACT VIOLATES STATE LAW ALLOWING APD SARGEANTS AND LIEUTENANTS TO JOIN UNION

On December 16 when Judge Browning asked the City if the contract between the City and the Albuquerque Police Officers Association (APOA) is legally in force, Union Attorney Fred Mowrer could not speak up fast enough nor loud enough to offer to brief the issue for Judge Browning. Mowrer without a doubt knows the implication of the question. Mowrer also likely knows that the expired union contract is defective because it does not contain a “evergreen clause” and for that reason the city could argue that there is no union contract. Judge Browning did not confront Mowrer with the question if he was involved with the union contract negotiations on the expired contract and if so, why was there no “evergreen clause”.

Another major problem with the expired union contract is that it likely violates the New Mexico Collective Bargaining Act. Judge Browning is very familiar with the act in that he quotes it extensively in his memorandum opinion denying the union’s objection to the EFIT.

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

The 65 page APOA police “Collective Bargaining Agreement” (CBA) can be down loaded as a PDF file at this link:

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

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

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

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

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

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

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

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

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

APD STAFFING LEVELS

During the December 16 hearing, APD reported the following staffing levels to Judge Browning :

Full Sworn Officer Count: 917
1 APD Chief
1 Superintendent Of Police Reform (Created 8 months ago)
1 Deputy Superintendent Of Police Reform (Recently created)
6 Deputy Chiefs (3 new Deputy potions created and added)
1 Chief of Staff
12 Commanders
14 Deputy Commanders
44 Lieutenants
113 Sergeants
731 Patrol Officers
2 sworn CSA’s

EDITOR’S NOTE ON APD BUDGET AND STAFFING LEVELS

The Keller Administration and APD command staff attending the December 16 hearing failed to give Judge Browning information on APD’s overall budget as well a breakdown of reported staffing levels.

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

The approved budget contains 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. Line item funding for APD includes:

$800,000 for the Department of Justice Independent Federal Monitor required under the Court Approved Settlement Agreement that is still pending after 6 years.
$400,000 for the Use of Force Review contract (This is funding for the EFIT)
$2.3 million in funding to annualize funding for 44 additional sworn officer positions added in FY/21.
$90,000 designated for the student loan forgiveness program for APD Officers.
$986,000 thousand for electronic control weapons (TAZER weapons).
$90,000 thousand for the CNM Cadet Academy.

Funding for 1 senior advisor to the Mayor and CAO, 1 internal investigations manager and 1 Superintendent of Police reform position created to provide guidance in reshaping the training, internal affairs and compliance with the Department of Justice and the Court Approved Settlement Agreement (CASA) reforms.

https://documents.cabq.gov/budget/fy-22-proposed-budget.pdf

Notwithstanding the approved funding for 1,100 sworn police the number of police officers patrolling the street of Albuquerque is dangerously low. According to an August 2 KOAT news report 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 the August 2 KOAT TV news report, APD patrol staffing levels are 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

POLICE UNION POLL

On October 29, 2021, 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.

The highlights of this year’s survey were as follows:

94% do not approve of Police Chief Harold Medina.
98% do not feel supported by Mayor Tim Keller’s administration.
89% do not feel supported by command staff.
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.

COMMENTARY AND ANALYSIS

It is important to note that all though the hearing lasted the entire day, the 3 major amici or other stakeholders, including APD Forward that has 26 police oversight organization, were not given the opportunity to speak and provide their input during the December 16 hearing. The Court simply ran out of scheduled time and told the parties to confer and determine if they wanted to schedule more time.

Mayor Keller, the City, the DOJ, the police union and the federal court are not listening or simply could not careless. Dr. Ginger forcefully and emphatically has now said the obvious, not once, but twice, that APD will not change until it gets new leadership that comes from outside the department. Ginger first recommended to the Keller Administration in no uncertain terms to hire a Chief from outside when Mayor Keller terminated former Chief Geier and now he has stated it in open court, not once but twice.

On March 15, 2018 a hearing was held on the Federal Monitor’s 6th Compliance Report. During the hearing Keller revealed he had reached out in December, 2017 to the court and had a confidential meeting with the parties and the federal judge. What Keller told the presiding Judge during the March 15, 2018 hearing was simple enough to understand. Keller said that he campaigned on the DOJ police reforms, he was committed to fully implement all the police reforms, that his appointed APD management was also fully committed to implementation of constitutional policing practices and that he was confident in the management team he appointed to get the job done. Mayor Keller also said “he owned it” when it came to the reforms. Keller also said he would be judged by the progress APD makes or doesn’t make during his term in office.

Fast forward to today. After a full 4 years in office, it can be said there is little reason for hope that things are going to get any better but likely worse. Keller won a second term with a landslide vote even though he and his administration never “owned the police reforms”. Keller was not held accountable nor judged for his failings to implement the reforms. Sadly, Mayor Tim Keller has shown he lacks the insight, the courage nor maturity to do what is needed for change within APD. Keller also knows he has gotten away with it. In politics, it is better to look good than to be good.

In 2017, all the directional indicators were correct that APD needed new leadership from the outside of the Department. Instead of doing what was needed, Mayor Keller conducted essentially a sham “nationwide search” and named APD insider Michael Geier as chief who had retired from APD after 20 years. It was his 3rd retirement from a police agency. (Chicago PD, APD and Rio Rancho)

It took Keller 3 years to realize that Geier was a disaster. Keller fired Geier knowing full well Geier was becoming an election campaign issue. After firing Geier, Keller immediately turned around and appointed yet another APD retread insider as interim Chief, Harold Medina, who as Deputy Chief orchestrated Geier’s firing with CAO Sarita Nair. Keller again announced another national search for a police Chief that also turned out to be a sham.

After serving 3 years as Mayor, Tim Keller should have had wisdom and courage to recognized the need to keep an interim chief in place until after the election, at which time a substantive national search might have attract candidates who might actually be qualified. What hampered applicant numbers is that Keller was running for a second term, his election was not a sure thing, and whoever became Chief could have been out of a job come election day. Only 3 finalists made it through Keller’s second national search and low and behold Harold Medina was selected after the other two finalists essentially withdrew.

Medina has a nefarious past of first killing a 14-year boy banishing a BB gun in a church and years later gave the authorization use deadly force that resulted in APD’s killing of a veteran threatening suicide and having a psychotic episode. A jury verdict of $10 million was awarded in the killing of the veteran with the court finding that the veteran was only a danger to himself and not APD. What was truly amazing is that Medina actually promoted his nefarious past with officer involved shootings as making him qualified to be Chief in that he learned the lesson of the need for constitutional practices.

Simply put, Medina is part of the problem and always has been. Medina helped create, participated in and did not stop the culture of aggression within APD. What is truly amazing is that Medina actually believes he has done a good job as APD Chief as APD continues to disintegrate around him and to spiral out of control and as violent crime hits historic heights. The fact that 94% of sworn police do not approve of Police Chief Harold Medina, 98% do not feel supported by Mayor Tim Keller’s administration and 89% do not feel supported by command staff speaks volumes for failed leadership, yet Medina thinks he has done a good job.

The APD lifeboat is indeed sinking. All the alarm signals are for naught. The DOJ needs realize that things are only going to get worse with APD under the current leadership and it is time to seek the appointment of a receiver.

Judge Browning should be doing more than just asking questions about receivership every 6 months. Judge Browning should order the City and Union back to the negotiating table with instructions that an “evergreen clause” be included and that Sergeants and lieutenants be removed from the police union collective bargaining unit.

For the past 7 years, the police union has done whatever it could to undermine the reform effort including spending $70,000 in an ad campaign saying “You can either have compliance with DOJ reforms or you can have lower crime. You can’t have both.”

With 44 Lieutenants and 113 Sergeants, for a total of 157 management positions in the union out of 917 sworn personnel, it is very easy to figure out that the Police Union is at the epicenter of the failure to implement the reforms.

Rudolfo Carrillo is a native New Mexican and was the news and music editor at Weekly Alibi from August 2015 until March 2020, where he used the pen name “August March” to write about Albuquerque culture, history and politics. He is a graduate of the University of New Mexico’s fine arts program. As well as being an award-winning writer, Carrillo is a painter and sculptor. His recent work is currently on exhibit at Six O Six Gallery at 606 Broadway Blvd. SW, through December 26. Carrillo’s award-winning writing and analysis have been featured at international academic conferences and in notable literary journals as well as local media outlets like the Albuquerque Journal. In February he will present work written for this site at the 43rd convocation of the Southwest Popular/American Culture Association. His latest creative writing can be read at Infinity Report with the link here: http://infinityreport.blogspot.com

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

Rudolfo Carrillo Guest Column: Wholly Night

UP WITH THE MOON

I am writing this update to you as the long night moon floats overhead. It is late in the year called 2021. It’s cold as hell outside and I let a stray cat that I call Pye come in for the night. He meows a lot but likes to curl up with my poodle Leo and keeps the old dog warm on nights like this one.

There’s a teevee in the background blaring out a show from the 1990s where all the cops are heroes and full of a tough sort of altruism. During a commercial break, a holiday favorite called Silent Night plays while a montage of hope fills the screen. The phrase “sleep in heavenly peace” drifts out of the flat screen and disperses itself sweetly like smoky Frankincense through the room. My weekend has just started.

Since I have been ensconced in a tangle of wires and databases during this past week, I figure the best thing to do is to wake up the iMac Pro sitting on my desk and viddy the local news.

During the pandemic, I programmed Siri to respond to me in the accent of female human English speaker who attended public school somewhere west of the Severn River in Great Britain. For a moment I am overcome by hiraeth as the AI loads a local news site, per my directive.

That abstract wistfulness is quickly replaced by a quick glance at the headlines. Even the bright lunar-lit sky seems diminished as the words come into focus.

THE NEWS FROM TOWN

Another pedestrian has died in a hit and run event in Albuquerque. Once again, the driver fled the scene and had to be tracked down by local law enforcement after the fact. Last weekend a child died in similar circumstances—after visiting the River of Lights. The man allegedly responsible for that incident has yet to be found and arrested.

“BCSO: Pedestrian Hit, Killed in Nob Hill” by KOB Web Staff, at kob.com, December 18, 2021.

https://www.kob.com/albuquerque-news/bcso-pedestrian-hit-killed-in-nob-hill/6336736/?cat=500

“Police Identify 7-year-old boy killed Sunday in hit-and-run” by Elise Kaplan, December 13, 2021, in the Albuquerque Journal.

https://www.abqjournal.com/2453919/apd-releases-photos-of-vehicle-suspected-of-hitting-7-year-old.html]

And though many in this city have contemplated and addressed crime in the city, few have spoken openly about the lawlessness that has haunted this town since the pandemic began to rage. Since I have used up enough letters on the verbose poeticism that introduced this missive to you, citizens and leaders of Albuquerque, I believe that I will have a go at it.

ABQ’S INVISIBLE LAW ENFORCEMENT AGENCY

Law enforcement in the city is practically nonexistent, as is police security in public spaces and at events throughout our city. I’m not going to get wonky on you and spill out a grip of statistics on the matter. You and I both know it’s true.

When was the last time you saw a beat cop walking through Downtown? When was the last time you saw a speed trap on Lead or Coal Avenue? How about a APD DWI checkpoint or a police cruiser prowling through the university area after dark?

More specifically: how did an all-terrain vehicle, presumably driven by an individual who had been drinking in Nob Hill, end up on at major city intersection near the river—miles away—in the middle of large, on-going public holiday spectacle?

The simple answer involves the abandonment of this city’s citizens by a police force controlled by a regressive union and the fumbling inaction of a city council that continues to meet online, blithely unaware of conditions on the street, effectively keeping its distance from both disease and decisiveness.

“Police reform groups criticize police union’s campaign, call for sanctions”, by Annalisa Pardo, at krqe.com, June 8, 2021.

https://www.krqe.com/news/politics-government/police-reform-groups-criticize-police-unions-campaign-call-for-sanctions/

Every night, from my little home in Downtown Albuquerque, I hear hot rods and motorcycles racing, raging down Central or Lomas. I am told that it’s even worse in the heights, where Montgomery Boulevard has been turned into a dangerous drag strip.

In late November a 58-year-old man “heading to pick up dinner with his dogs” was allegedly killed by a drunken man child doing over 100 miles per hour on Montgomery Boulevard near Morris.

Police: Teen accused in deadly DWI crash was driving nearly 100 mph”, by KRQE Staff at krqe.com, November 29, 2021.

https://www.krqe.com/news/crime/police-teen-accused-in-deadly-dwi-crash-was-driving-nearly-100-mph/

CALM AND BRIGHT

These tragic incidents are shocking. To make matters worse, the mayor and his leadership cadre have had absolutely no comment on the lapse of law and order and the consequent rise of lawlessness across our town. Nor have any of them, or the city council for that matter, risen to question the role of APD in this cruel upsurge of post-pandemic anarchy.

In fact, it’s almost like Keller has disappeared. Before the recent municipal election, dude was everywhere. Get this: A few days before he trounced Sheriff Manny, and after he had a heated confrontation with that same opponent after a teevee news debate, Keller oddly but coincidentally appeared all solito at the restaurant I was working at—after I roasted his butt over his failure as a political progressive and transformation into a pure politician, on this very site—to press the flesh. I hid from him after taking his goddamn order for a Detroit style pizza over the phone.

Anyway, after he was re-elected he dropped from public view. One hopes he’s still reading. He certainly isn’t hanging out at the Launchpad with all the other heshers.

TAKING A FLIGHT OUT OF ALBUQUERQUE

Interestingly, Keller’s huge, HR defining millennial pick for head of the Albuquerque Sunport, Nyika Allen quietly announced that she had left her position a few days after hizzoner’s re-election. That’s a coincidence too, by the way. We all know that candidate Gonzales’ attempt to implicate the mayor in an ethical lapse was a sick, below-the-belt hit from a fighter who found himself on the ropes for the first time in a long time, but the totality of those incidents points to something worth noting.

Albuquerque aviation director take position with Oakland International Airport”, by Chris Keller in Albuquerque Business First, November 5, 2021.

https://www.bizjournals.com/albuquerque/news/2021/11/05/nyika-allen-leaves-aviation-department.html]

The point here is that the leaders of this city have been so involved in their own sense of privilege and public presentation—the propagation and success of their own political personae—that they’ve forgotten about the very serious issue of managing an out of control police department that has also all but disappeared from public view, and therefore criticism. Keller and Co. also seem to have forgotten how important it is to respond quickly proactively and with a deep sense of empathy when innocent citizen lives are threatened by those not bound by the social contract.

“Monitor slams APD’s Backlog of force probes”, by Elise Kaplan in the Albuquerque Journal, November 16, 2021.

https://www.abqjournal.com/2446751/monitor-blasts-apds-worsening-use-of-force-backlog.html

ONE ORDER OF “GET FIGHTING MAD”, PLEASE

I’d like to see Keller get fighting mad about the senseless innocent citizen deaths we’ve all had to soldier through this past month. I’d like to see hizzoner do something remarkably clear-headed and progressive after the latest damning report from DOJ settlement overseer James Ginger—but apparently the only thing that can get the dude out of his corner is the fear that he is not as good looking to his constituents as he is to himself. That and pizza with the sauce on top.

Or maybe these words: it’s the long night of the cold moon, after all.

In a letter dated October 14, 2020, Bernalillo County District Attorney Raul Torrez notified the Albuquerque Police Department (APD) and the Bernalillo County Sheriff’s Office (BCSO) that his office was introducing a new disclosure policy. The policy is based on the United States Supreme rulings Giglio v. United States, 405 U.S. 150 (1972) and Brady v. Maryland, 373 U.S. 83, (1965).

The Giglio ruling requires the prosecuting agency, in this case the Bernalillo County District Attorney’s Office, to disclose to a charged criminal defendant all information or material that may be used to impeach the credibility of the prosecution witnesses including police officers and sheriff officers who are witnesses for the prosecution in any case.

The Supreme Court ruling mandating disclosures in the Giglio case is nothing new and has been required since 1972. The DA’s office is merely formalizing the process and posting the information on the District Attorney’s website. According to District Attorney Raul Torrez, the new system will bring transparency to the criminal justice system and hold prosecutors and law enforcement accountable.

Torrez told both APD and BCSO in his October 14 letter:

“My office joins a growing number of prosecutor offices around the nation that are embracing reform and police accountability by formalizing this Giglio inquiry process. Historically, requests for Giglio material have been done on a case-by-case basis and the results of earlier Giglio inquiries have not been searchable. Beginning in November my office will start implementing a formal and searchable system.”

The letter goes on to say that law enforcement officers listed as witnesses in an open case will receive a questionnaire where information like past misconduct of bias, use of force or truthfulness, or criminal charges must be disclosed. The findings will then be placed into an officer’s personnel file. A link to the October 14 letter from the District Attorney to APD and the BCSO is here:

https://www.scribd.com/document/483235279/Giglio-letter-to-local-law-enforcement#from_embed

On November 6, 2020, DA Torrez announced he intended to create a list of law enforcement officers who have disclosures reflecting a history of dishonesty, use of force, bias or other issues that might make them unfit to aid in a prosecution case or prohibit them from testifying in court. The DA’s Office announced it wanted to begin publishing the list on its website early 2021.

The list consists of the names of officers who have Giglio disclosures that prosecutors are required to provide to defense attorneys where law enforcement witnesses may be unreliable or biased. The new list is being touted as the first public database of its kind in the country. District Attorney Raúl Torrez stressed the practice of disclosing the material itself is not new. Both the Law Offices of the Public Defender and the New Mexico Criminal Defense Lawyers Association routinely ask for Giglio disclosures at the beginning of cases and it is done on a case-by-case basis.

POLICE MISCONDUCT TRACKING SYSTEM FUNCTIONAL

On October 28, 2021 the Bernalillo County District Attorney’s Office announced that the automated system has been in effect for several months. According the Bernalillo County District Attorney’s Office, “ Giglio questionnaires” are now sent to both APD and BCSO Deputies with the goal of monitoring police misconduct and holding officers accountable with an office-wide database.

HOW IT WORKS

The Bernalillo County District Attorneys web site provides an explanation of how the disclosures work. Further, the web site lists and identifies the 12 law enforcement officers currently on the list giving case numbers and captions.

According to the web page:

“As part of the transition to this formalized system, [the DA’s office] .. started … new inquiries with officers who are witnesses in active cases with upcoming pretrial interviews or trials. … The vast majority of law enforcement officers have no history of conduct or bias that would be subject to Brady-Giglio disclosure.
The list here, however, is not exhaustive. It includes only those officers named as witnesses in pending cases. There might be other officers with credibility issues, some of whom may have committed misconduct that received public attention, that are not listed here because they are not currently witnesses in pending cases prosecuted by our office.

Whenever [the DA’s office makes] … a Brady-Giglio disclosure, we will file a Notice of Disclosure in court and make that notice available to the public here by listing the officer, officer’s agency, court case number, date of notice filing, and a link to the court filing. A disclosure does not automatically prevent an officer from testifying at trial. We err on the side of disclosure in recognition of our unique constitutional duties, but it is a judge who ultimately decides whether or not the information has probative value for the jury. Also, the number of cases listed for an officer is not necessarily an indication of the severity of their conduct, it is merely an indication of the number of pending cases they have with our office.”

The link to the DA’s web page entitled Brady-Giglio Disclosures with the listing of police officers is here:

https://berncoda.com/criminal-justice-accountability/

NEED FOR MONITORING DISHONESTY AND BIAS BY COPS

District Attorney Raul Torrez said there’s a need for monitoring and investigating dishonesty, bias, and other damaging behavior by police officers. In the past, Defense attorneys have been relegated to questioning the credibility of officers involved in active cases due to their own misconduct like being criminally charged for a DWI while off duty.

DA Raul Torrez had this to say:

“We’re the first office in the country to come up with a systematic integrity questionnaire that we provide to officers sending us felony cases. … Prosecutors need to take a leading role in reshaping the criminal justice system to provide more transparency and accountability and I frankly believe this is something you’re going to start seeing across the nation. … When we intake these cases we conduct this integrity screening and then we meet here in the office there’s a panel that reviews the information and then if a disclosure has to be made then a filing is made in court and also provided to defense attorneys. … Of all the cases that we screen and intake, the vast majority of the officers that we work with don’t have any of those issues that are subject to disclosure. … It helps restore confidence in their work and confidence in the type of police work that they’ve been engaged in for a long, long time.”

Currently, there are 12 police officers listed on the Bernalillo County District Attorney’s office website. The public has access to all filed notices of disclosure on the Bernalillo County District Attorney’s Office website under the “Transparency and Accountability” tab with the link here:

https://www.krqe.com/news/politics-government/bernalillo-county-district-attorney-tracking-police-misconduct/

GIGLIO MATERIAL BEING ASKED FOR DISCLOSURE

In the October 14, 2020 letter, District Attorney Torrez outlined the information that will be asked in the questionnaire to law enforcement:

“Examples of Giglio information include but are not limited to:

MISCONDUCT THAT REFLECTS BIAS

Information that may be used to suggest that the investigative employee is biased for or against a defendant or witness in a case
Information that may be used to suggest that the investigative employee is biased against a particular class of people, for example, based on a person’s gender, gender identity, race, or ethnic group
Misconduct that reflects on truthfulness
A sustained finding that an investigative employee has filed a false report or submitted a false certification in any criminal, administrative, employment, financial or insurance matter in his or her professional or personal life
A sustained finding that an investigative employee was untruthful or has demonstrated a lack of candor
A finding of fact by a judiciary authority or administrative tribunal that is known to the employee’s agency, which concludes in a finding that the investigative employee was intentionally untruthful in a matter, either verbally or in writing
A sustained finding that undermines or contradicts an investigative employee educational achievements or qualifications as an expert witness
Inappropriate or unauthorized use of government data.”

CRIMINAL CHARGES

A pending criminal charge or conviction of any crime, disorderly person, petty disorderly person, municipal ordinance, or driving while intoxicated matter.

OTHER MISCONDUCT OR INVESTIGATIONS

Any allegation of misconduct bearing upon truthfulness, bias, or integrity that is subject of a pending investigation
Any promises, offers, threats or inducements, including the offer of immunity
A sustained finding or judicial finding that an investigative employee intentionally mishandled or destroyed evidence
Misconduct that involves the use of force
Our office will disclose Giglio material will disclose to defense counsel, file a notice of disclosure, and will log the disclosure on a Giglio list.”

A link to the October 14 letter from the District Attorney is here:

https://www.scribd.com/document/483235279/Giglio-letter-to-local-law-enforcement#from_embed

UNITED STATES SUPREME COURT RULINGS

The two landmark United States Supreme Court case that are at issue are Brady v. Maryland, 373 US 83, decided in 1963 and Giglio v. United States, 405 U.S. 150, decided in 1972.

Brady v. Maryland, 373 U.S. 83, (1965) is the 1965 case that established that the prosecution must turn over all evidence that might exonerate the defendant and aide in the defense. The prosecution failed to do so for Brady, and he was convicted and the conviction was overturned. The US Supreme Court found in Brady v. Maryland that due process is violated when the prosecution “withholds evidence on demand of an accused which, if made available, would tend to exculpate him or reduce the penalty.” This is the case even if the failure to disclose was a matter of negligence and not intent.

Giglio v. United States, 405 U.S. 150, is a 1972 Supreme Court case involving the prosecution’s obligations in regards to criminal discovery and disclosure. In Giglio, the Court went further and held that “all impeachment evidence falls under” the Brady holding. What this means is that the prosecution is obligated to disclose all information or material that may be used to impeach the credibility of prosecution witnesses, including police officers who are called as witnesses for the prosecution.

The consequences of Brady and Giglio are simply stated as police officers must be especially careful to avoid any and all actions or statements that could compromise their credibility. This could easily include racial slurs and expressions of racial prejudice. A good example involves the case of OJ Simpson when investigating homicide officer Mark Furhman was impeached on the witness stand for his history of racial slurs that destroyed his credibility on the stand.

One legal authority succinctly put it this way:

“[Under the Supreme Court rulings] the prosecution is legally required to disclose any misconduct or compromising information regarding the witness to the defense attorney, who will then use it to impeach the law enforcement witness on the stand. The end result can be the loss of what would have been a strong case.”

NEW MEXICO LAW

Under New Mexico State law, it is not illegal to release disciplinary records of police officers. However, police departments that choose to keep them private cite an exception to the state’s Inspection of Public Records Act (IPRA) that provides “letters or memorandums, which are matters of opinion in personnel files” are exempt from public inspection.

In 1977, the New Mexico Supreme Court specifically held that “disciplinary action” and other “matters of opinion” can be withheld. The Supreme Court held that the legislature anticipated there could be documents concerning disciplinary action that “might have no foundation in fact.”

Currently, each law enforcement agency in New Mexico can interpret the state’s public records law differently. The Albuquerque Police Department (APD) consistently releases Internal Affairs Investigations and the discipline records of officers especially when civil lawsuits are filed or an officer is charged with a crime. Many other departments in the state simply resist requests and do not release the personnel records. What this means is that there are varying policies throughout the state law enforcement agency that are in a constant state of change when new management takes over.

https://www.petedinelli.com/2020/12/09/bernalillo-county-sheriff-manny-gonzales-resists-da-policy-on-disclosing-sheriff-deputy-misconduct-information-mandated-by-u-s-supreme-court-sheriffs-grandstanding-posturing-as-he-runs-f/

COMMENTARY AND ANALYSIS

There are only 12 police officers listed on the DA’s web page. That is a very good sign that the public can have a level of confidence in the work being performed by sworn police who are at the for front of criminal investigations.

POSTSCRIPT

READER REACTION

On December 17 a reader expressed the following reaction in an email: to the above article as follows:

I may be confused. I went to the referenced DA website and saw the officers who are named and the case numbers. There’s no explanation of why the officers are listed and what it is about the specific cases that qualifies an officer for listing. I guess this will be helpful to defense attorneys, but cannot see how it could be useful to the general public. It’s certainly not something that folks like me would ever have reason to visit. So, it’s “good” but only for those who are professionally related to the crime and the accused. If an officer is “biased” but not involved in a criminal prosecution, he or she is still out there on the street, interacting with all sorts of folks. The officer’s bias may be affecting the interaction and may even result in action against the civilian that is below the level of arrest, such as a traffic offense. The civilian in such cases may have their attitude and behavior changed for the long-term by a negative experience with a biased officer. That’s something that enhanced training may attempt to address, such as with “unconscious bias” training.

RESPONSE

The reader is not at all confused and is correct in the assessment. The information is not generally useful to the public and only the extent of being a “red flag” for a name. When you go to the DA’s web page entitled “Brady-Giglio Disclosures with the listing of police officers” you need to click on the individual “case number” that is listed and you are linked to the specific court pleading filed by the District Attorney in the case which tells the court the information has been disclosed to the defense, which in turn the defense can use the specific information at trial. If the public wants anymore information, Inspection of Public Information (IPRA) can be made of the DA as to what was turned over to them.

https://berncoda.com/criminal-justice-accountability/

This blog article is a review of the involvement of McCleskey Media Strategies in the 2021 municipal election. Political Republican strategist and political operative Jay McCleskey is the primary principle or owner of “McCleskey Media Strategies.” This blog article reviews how Jay McClesky influences the candidates he elects long after he is paid to get them elected and the effect he has had on state and city government affairs.

LUCRATIVE LIVING IN 2021 CITY ELECTIONS

During the 2021 Municipal election, Mc Clesky Strategies managed the campaigns of Der Führer Trump Democrat conservative Sheriff Manny Gonzales and conservative Republican City Councilor candidates Dan Lewis and Renee Grout. From review of the campaign finance reports of all 3 candidates, McClesky Media Strategies had another lucrative election cycle and Mc Clesky was paid top dollar by the candidates his firm represented.

According to campaign finance reports file with city clerk in the 2021 municipal election, McClesky Media Strategies was paid $450,734 total to run 1 unsuccessful mayor’s race and 2 successful city council races to defeat democrats. Those candidates were Manny Gonzales for Mayor and City Council Republican candidates Dan Lewis and Renee Grout. You can review the Campaign Finance Disclosures Statement of all 3 candidates here:

https://www.cabq.gov/vote/candidate-information/2021-candidates

SHERIFF MANNY GONZALEZ FOR MAYOR

More than a few political eyebrows, both Democrat and Republican, were raised when Democrat Sheriff Manny Gonzales announced he was running for Mayor against incumbent Mayor Tim Keller and that he had retained Political Republican Strategist Jay McCleskey and McCleskey Media Strategies to run his campaign. Gonzales at the time justified it saying as Sheriff he worked across party lines and he said the mayor’s race was nonpartisan. No Republican had announced at the time. It was common knowledge that Gonzales was attempting to build a coalition of conservative Democrats and Republicans and appeal to Der Führer Trump Republican voters.

Gonzales is a strong supporter of former Der Führer Republican Trump law enforcement policies. In the summer of 2020, Gonzales appeared at a press conference in Albuquerque with then Attorney General William Barr to announce federal funding for a Trump law enforcement initiative. Months later, Gonzales traveled to the White House for a press conference with Der Führer Trump.

DENIAL OF PUBLIC FINANCING

In a letter dated July 9, Albuquerque City Clerk Ethan Watson notified Bernalillo County Sheriff Manuel Gonzales’ that the city was denying his campaign $661,000 in public financing citing misconduct in the qualifying process and forgery of signatures on $5 qualifying donations. City Clerk Watson wrote Gonzales he could not confirm that Gonzales had complied with the city’s Open and Ethical Election Code and associated regulations.

What has never been disclosed is to what extent was McCleskey Media Strategies involved with the collection of forged signatures by the Gonzales campaign. Jay Mc Clesky managed the successful 2009 election of Mayor Richard Berry who ran against Democrat Incumbent Mayor Marty Chavez and former Progressive Demorate State Senator Richard Romero. In 2009, all 3 candidates for Mayor qualified for public financing. Ostensibly, McClesky has the know how on the collection of the $5 qualifying donations for public financing for candidates for Mayor because he ran Berry’s 2009 campaign for Mayor. He also knows the seriousness of collecting fraudulent signatures to qualify a candidate for public financing. The biggest question that remains unanswered is where was McClesky when the Gonzales campaign was collecting the $5 qualifying donations and when signatures were being forged? Did the same thing happen in the first Richard Berry campaign for Mayor?

On Tuesday, September 13, First Judicial District Court Judge Bryan Biedscheid upheld the Albuquerque City Clerk’s decision to deny $661,000 public financing to Sheriff Manny Gonzales. After Judge Biedscheid’s ruling to deny him public finance, Manny Gonzales held a news conference and announced his campaign’s plan to move forward with raising private financing.

Subsequent to declaring he would seek private financing, Manny Gonzalez undertook a very aggressive private campaign finance fundraising effort. The Gonzales campaign filed Financial Statements 6, 7, 8, 9 and 10, three Supplement Statements and a Final Finance Statement. The link to review all Gonzales Finance Statements is here:

https://www.cabq.gov/vote/candidate-information/2021-candidates

GONZALES RAISES OVER HALF MILLION DOLLARS WITHIN WEEKS

According to Manny Gonzales finance statements filed with the City Clerk, the following amounts in PRIVATE campaign contribution amounts were raised:

Finance Statement 6: $26,667 (Balance carried forward)
Period New Donations: $14,385
Finance Statement 7: $338,201
Finance Statement 8: $64,590
Finance Statement 9: $25,462
Finance Statement 10 : $33,690
FINAL STATEMENT: $1,075

TOTAL FUND RAISING: $504,070

PAYMENTS MADE TO MC CLESKY MEDIA STRATEGIES

According to Manny Gonzales finance statements filed with the City Clerk, the following campaign expense amounts were paid to Mc Clesky Media Strategies:

$6,797 (Finance Statement 7 filed October 11)
$55,091 (Finance Statement 8 filed October 18)
$67,406
$8,598
$10,301
$7,353
$85,695 (Finance Statement 9 filed October 25)
$21,696 (Finance Statement 10 filed October)
$100,691
-$0- (Final Finance Statement Filed:

$363,628 TOTAL AMOUNTS PAID TO Mc Clesky Media Strategies by Manny Gonzales

Note that the total amount of private campaign contributions raised by Many Gonzales was $504,070. Mc Clesky Media Strategies was paid $363,628 of what was raised or over 72% of what was contributed to Gonzales for Mayor campaign.

DAN LEWIS CAMPAIGN FOR CITY COUNCIL, DISTRICT 5

For the December 7, 2021 municipal election, City Council District 5 candidate Dan Lewis qualified as a public finance candidate and was given $50,489.00. Lewis went on to be elected to the city council by defeating incumbent Democrat Cynthia Borrego who had replaced Lewis 4 years ago when Lewis ran unsuccessfully for Mayor against then State Auditor Tim Keller. Borrego also qualified for public financing of $50,489.00.

In addition to City Councilor elect Dan Lewis having been given $50,489.00 in public financing, Lewis also had the benefit of two separate Republican measured finance committees. The two measured finance committees that promoted Dan Lewis were Albuquerque Ahead that raised $34,900 and Healthy Economies Lead to Progress raised $196,532 for a total of $231,432. The cash contributions were spent to promote 3 conservative Republican candidates for city council Dan Lewis, Renee Grout and Lori Lee Robertson. The 2 finance committees were successful in ousting Democrat City Councilors Cynthia Borrego and Lan Sena.

Review of financial statements filed by the Dan Lewis campaign reflects the following amounts paid to Mc Clesky Media Strategies:

$3,747 (Finance Statement 7 filed October 6)
$5,781 (Finance Statement 8 filed October 15)
$ 4,226
$ 5,574
$5, 756 (Finance Statement 9 filed October 18)
$4,192 (Finance Statement 10 filed October 29)
$3,702
$6,406
$4,103 (Final Financial statement)
$533

$29,720 TOTAL PAID BY DAN LEWIS TO MC CLESKY MEDIA STRATEGIES

POLITCAL HIT PIECE

A “political hit piece” is the lowest form and most unethical form of negative campaigning used by bottom feeder political consultants to smear the reputation of an opponent with the use of lies. It is often condemned by the public, especially by those who are the target, but used because negative campaigning works and it’s difficult to respond to by a candidate, especially at the end of a contentious campaign.

A few days before the November 2 election day, Republican Dan Lewis authorized McClesky Media Strategies to send out a political hit piece mailer against Incumbent City Councilor Cynthia Borrego. The hit piece arrived on November 1, the day before election day. The hit piece is replete with lies and innuendo and Borrego did not have the time nor funding to respond.

On one side of the mailer is a very unflattering photo of Cynthia Borrego proclaiming “Politician Cynthia Borrego has the wrong priorities”. The truth is Borrego retired after 30 years of dedicated service to the City. Borrego has done more for the city with her 30 years of dedicated service to the community than Dan Lewis could ever dream of accomplishing for the city. Four years ago was the first time Borrego ever ran for public office and she replaced Dan Lewis

The flyer makes the inflammatory and false accusation “Cynthia Borrego wastes our money and makes westside problems worse” giving no specifics and falsely labeling as “junkets” trips to the National League of City Conventions which the city council has participated in for decades. Dan Lewis on the other hand is a seasoned right wing Republican politician having served 8 years on the council and ran for Mayor 4 years ago and lost to Tim Keller in a landslide. Lewis supported the disastrous ART Bus project costing $130 million dollars and voted for gross receipts tax bonds to fund the project. During the 8 years Dan Lewis was on the city council, APD went from employing 1,100 sworn police to 860 sworn police and Dan Lewis did absolutely nothing to hold APD accountable for excessive use of force and deadly force.

The mailer goes on to lie in bold black letters that Borrego “Supports Sanctuary City” and says “Borrego voted to pass Sanctuary City policy that protects illegal immigrants who commit crime even for rape and murder.” This statement is an absolute lie by Dan Lewis and this lie coming from some on who professes to be a Christian Pastor. Simply put, there is no such sanctuary city policy “that protects illegal immigrants who commit crime even for rape and murder.” Albuquerque has never been a “sanctuary city” and it’s not at all likely it is ever going to be one. The truth is that in 2001, a full 10 years years before Borrego became a city councilor, the Albuquerque City Council enacted a resolution that declared Albuquerque an “immigrant-friendly” city. The resolution is symbolic and was sponsored by then-Republican City Councilor Hess Yntema, whose wife is a naturalized United States citizen from Columbia.

On the other side of the flyer is a very flattering picture of Dan Lewis where he proclaims he will “Fight crime by ending “Catch and Release” of criminals from jail. This too is another Lewis lie in that the City Council has no control over the criminal justice system, let alone the jails and the courts. This is the very same promise Lewis made when he ran for Mayor 4 years ago and threatened to plaster judges faces on billboards to supposedly hold them accountable for failure to hold those charged until trial.

CITY COUNCIL DISTRICT 9

In the District 9 City Council runoff race, Republican Renee Grout secured 51.69% (4,027 votes) and Democrat Rob Grilley secured 48.31% (3,764 votes).

McCleskey Media Strategies managed Republican Renee Grout’s successful campaign. Review of Renee Grouts campaign finance reports reveals a staggering amount of money paid to McCleskey Media Strategies producing and printing campaign materials and mailers.

The amounts are staggering for the reason that Renee Grout was initially a public finance candidate and was given $41,791 to run her campaign. After the November 2 election when she made it into the runoff, she became a privately financed candidate and raised more.

The amounts paid to McCleskey Media Strategies for the November 2 election are as follows:

7th campaign finance report: $2,426.18
8th campaign finance report: $10,472.17
9th campaign finance report: $8,441.41.
10th campaign finance report: $10,035

Total Paid for November 2 election to McClesky Media stategies: $31,374

Renee Grouts 4th Runoff Statement Campaign finance report reveals $14,992.66 paid McCleskey Media Strategies.

Renee Grouts 5th Runoff Statement Campaign report reveals $11,019 paid McCleskey Media Strategies.

The grand total paid to McCleskey Media Strategies by Renee Grout for the November 2 and the December 7 runoff is $57,386.42

The link to the city clerk’s office where you can review all of the Renee Grout campaign finance reports is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7115

ANOTHER POLITCAL HIT PIECE

On December 1, a mere 6 days before the December 7 runoff election, Republican Renee Grout mailed a false “hit piece” campaign mailer against Democrat Rob Grilley. When you view the fine print on the flyer, barely readable because it is so tiny, the reader finds that it was produced by “McClesky Media Strategies.”

THE LIES TOLD

The political hit piece had a color photo of Democrat Rob Grilley with his arms crossed, and smiling. The photo was obviously taken off of Grilley’s campaign web page. To the right of the Grilley picture is the proclamation “Grilley supports Sanctuary City that protects violent criminals .” The words “protect violent criminals” are in yellow with a black background and the word “protects” is underlined in red for emphasis.

The political hit piece went on to say:

“Rob Grilley supports Sanctuary City policy that forces police to hide illegal immigrants from federal authorities, even if they commit crimes like rape or murder!

In bold, bright red letters appear the words: “Protecting Violent Criminals.” Below these words appears the following text:

“Jaqueline Vigil, a mother of two New Mexico Police Officers, was murdered by Luis Talamantes-Romero, an illegal immigrant with a lengthy criminal history. Vigil’s killer should have been deported before, but the city’s sanctuary city policy forced police to hide him from immigration officials.”

THE LIAR WHO TELLS THEM

The flyer attacking Democrat Rob Grilley was simply a pack of lies. On many levels, the lies revealed a candidate grossly ignorant of the truth or could care less about the truth so long as she won an election. With the malicious flyer, Grout resorted to fear tactics and misinformation to distract voters and it worked.

ALBUQUERQUE HAS NEVER BEEN A “SANCTUARY CITY”

It’s a Grout lie likely spoon fed to her by McClesky when she says, “Rob Grilley supports Sanctuary City policy that forces police to hide illegal immigrants from federal authorities, even if they commit crimes like rape or murder!” Simply put, there is no such policy to hide illegal immigrants who commit crimes like rape and murder from federal authorities. As noted above, Albuquerque has never been a “sanctuary city” and it’s not likely it is eve going to be one. In 2001, the city became an “immigrant-friendly” city and implements “welcoming city” policies and does not provide for city enforcement of federal immigration laws, and addresses only city services, including licensing and housing. The focus is to create inclusive, immigrant-friendly, and welcoming policies. Albuquerque’s “immigrant-friendly” designation by city council resolution welcomes immigrants to the city and is mainly symbolic and in no way hides rapist and murders from law enforcement.

https://www.abqjournal.com/2435020/how-can-a-mayor-fight-crime.html

JAQUELIN VIGIL’S KILLER WAS UNKNOWN TO APD

It was another lie when the flyer says, “Vigil’s killer should have been deported before, but the city’s sanctuary city policy forced police to hide him from immigration officials. When the murder occurred, it was first believed to have been a retaliation killing against Vigils’ two state police officer sons. APD did not “hide her killer from immigration officials” because APD had no idea who her killer was, and a search had begun while APD was investigating the murder. What the investigation found is that the killer was “casing” homes at 5:30 am in the area, he came upon Jaqueline Vigil pulling out of her driveway to go to the gym and he shot her.

The truth is Jaqueline Vigil’s killer had already been deported by the Immigration and Naturalization Services (INS) a few months before the killing. The first illegal entry was a misdemeanor. When he reentered the United States illegally for a second time, he committed a felony. Unbeknownst to APD, Talamantes- Romero was arrested by INS on an outstanding warrant on unrelated charges and was being held in an El Paso federal detention facility. On June 21, 2021, Talamantes- Romero was indicted by a state grand jury on murder, burglary and attempted armed robbery charges stemming from the Nov. 19, 2019. He is in custody and is awaiting trial.

https://www.abqjournal.com/2402278/alleged-shooter-in-womans-death-is-indicted-by-a-grand-jury-ex-luis-talamentesromero-is-accused-of-killing-jacqueline-vigil-in-her-west-side-driveway.html

“MC CLESKEY MEDIA STRATEGIES” IS JAY MC CLESKEY

According to the McCleskey Media Strategies internet web page, the company ostensibly provides “all inclusive” one stop services in political consulting and advertising services including television and radio production, direct mail, digital services, general consulting, public relations and strategy. When you examine the company’s “our team” link, the only biography provided is that of Jay Mc Clesky, leading one to believe he is a sole employee of the firm.

https://www.mccleskeymedia.com/

The biography of Jay Mc Clesky is very revealing to the extent of influence he exerts over candidates that he elects with an almost exclusive emphasis on Republican candidates. The Jay Mc Clesky biography states in pertinent part:

“Jay McCleskey is President of McCleskey Media Strategies and brings over 20 years of experience running campaigns. His clients have included candidates at all levels, as well as major national party organizations such as the Republican Governors Association and the National Republican Congressional Committee.
…
In 2004, McCleskey ran the RNC’s Victory operation for President Bush’s re-election campaign in New Mexico, which was one of only two states to change from blue to red.

Prior to that, McCleskey served as Executive Director of the Republican Party of New Mexico.
…
From 2005 to 2009, McCleskey served as the Regional Political Director (RPD) for the Republican National Committee and managed the RNC’s political operations in 10 states, while assisting dozens of the most competitive campaigns in the country.
…
In both 2009 and 2013, McCleskey served as chief strategist for Richard Berry. Mayor Berry was the first Republican mayor in Albuquerque in 25 years in an upset victory over incumbent Marty Chavez….

In 2013, McCleskey led Berry’s campaign to a 39-point victory.

In both 2010 and 2014, McCleskey served as the lead consultant for Susana Martinez for Governor and served as Governor Martinez’s chief political advisor during her 8 years in office. During the first campaign, McCleskey produced all of her paid media, direct mail, and was the chief campaign strategist for Martinez … In the 2014 re-election campaign, McCleskey served as chief strategist for Martinez. …
…
… [In] 2014, McCleskey served as the chief strategist for the independent expenditure campaign effort that led to Republicans winning control of the New Mexico House of Representatives for the first time since 1952. That same cycle, McCleskey also served as the media consultant for two major statewide GOP victories.
…
In 2016, McCleskey managed the independent expenditure effort that defeated State Senator Michael Sanchez, the majority leader who had served for over two decades.

… McCleskey also served as the media consultant for the successful statewide campaign of Supreme Court Justice Judy Nakamura, the first Republican elected to the court in 36 years.

In 2018, McCleskey served as the media consultant for the Republican Governors Association in multiple states, including producing television advertisements for the successful re-election effort on behalf of Governor John Sununu in New Hampshire.

https://www.mccleskeymedia.com/

In 2015, NMPolitics.net described Jay McClesky as “the most influential political operative in New Mexico”.

https://www.facebook.com/nmpolitics/posts/913176012051457?comment_id=913231065379285&offset=0&total_comments=10&comment_tracking=%7B%22tn%22%3A%22R%22%7D

McCLESKY TWICE ELECTING AND INFLUENCING A REPUBLICAN MAYOR

Jay McCleskey says in his biography:

“In both 2009 and 2013, McCleskey served as chief strategist for Richard Berry”. Mayor Berry was the first Republican mayor in Albuquerque in 25 years in an upset victory over incumbent Marty Chavez…. In 2013, McCleskey led Berry’s campaign to a 39-point victory” seriously down plays his role and intentionally ignores the smear tactics to win both races at any and all costs.

Because McClesky down plays the extent of his role in both the 2009 and 2013 Mayor’s race, a review of both those elections is in order.

2009 MAYOR’S RACE

In 2009, then Republican State Representative Richard Berry was essentially recruited by the Republican Party to run against incumbent Democrat Mayor Martin Chavez and progressive and former State Senator Richard Romero. All 3 of the candidates for Mayor qualified for public finance and each was given $330,000. No measured finance committees were established to help any one of the candidates. It was said that Berry did not believe he could win and ran only to increase his name identification to allow him to run for congress or Governor.

The 2009 Mayor’s race is believed to be the very first time Jay McClesky ran a Mayor’s race. The goal of the Republican Party in 2009 was to end the political career of Marty Chavez after his 3 terms as Mayor and return a Republican to city hall with all the patronage and jobs the office comes with. Berry was a very well liked Republican and in the construction industry who had much higher ambitions.

In 2009, Chavez was seeking a 4th term as Mayor and Progressive Democrat Richard Romero was said to have a grudge against Chavez. The Berry campaign, no doubt under the guidance of McClesky, produced campaign ads and materials that took direct aim at Marty Chavez and attacked the Chavez record on property crime rates. Jay McClesky produced TV commercials and flyers that pandered to the fears of voters when it came to property crime as a means to defeating Mayor Martin Chavez and it worked.

In 2009, Berry made auto thefts a corner stone issue in the Mayor’s race by doing a commercial standing next to his burned out stolen truck and vowing that he could do better as Mayor and make Albuquerque the “worse place to be a criminal”, a slogan ostensibly created by McClesky. The ad essentially blamed all of the city’s rising property crime on Chavez. The truth is that under Chavez, crime rates were down. None the less, the TV ad was so effective it won a national award. McClesky produced no ads attacking Richard Romero. Eight (8) years later, after Berry’s two terms as mayor, Albuquerque had become number one in the nation for auto thefts and crime rates across the city were dramatically spiking. APD also went from 1,100 full time sworn police to 860 sworn police during years Berry was in office. So much for making Albuquerque “the worse place to be a criminal.”

Another very nasty campaign tactic used by Berry supporters ostensibly approved by Jay McCleskey was when they circulated a billboard mounted on a truck that drove through city streets that proclaimed Chavez had made the city a “sanctuary city” for illegal immigrants, which was a total lie. The city has never been a sanctuary city for illegal immigrants, but the ploy worked to gin up conservative Republicans.

On October 6, 2009, Berry won the election outright with 36,466 votes (43.82%) to Chavez’s 29,140 votes (35.02%) and Romero’s 17,458 (20.98%). The 2009 election was at the time the lowest voter turn out election in the city’s history. The 2009 election ended the political careers of both Marty Chavez and Richard Romero.

TO THE VICTOR GOES THE SPOILS

As the saying goes, to the victor goes the spoils. Once elected, Richard Berry proceeded to quickly replace virtually all city department heads with inexperienced Republican political operatives seeking high paying jobs, including relatives of Republican legislators. Heading the Berry transition team was long time Republican Political operative Sherman Mc Corkle.

One particular political operative during the transition period was sent to the Mayor’s office where he proceeded to write down the names of employees on doors and desks in the Mayor’s office so that termination letters could be sent to them telling them their services were no longer needed. Letters of termination were signed by and sent by designated Chief Administrative Office David Campbell, who had yet to assume office and had no authority to terminate.

It is common knowledge amongst political observers that former Bernalillo County Sheriff and Republican political operative Darren White is a close personal friend of McClesky. Confidential sources confirmed in 2009 that Jay McClesky and Sherman McCorkle were successful in getting Mayor Richard Berry to appoint as Chief Public Safety Officer Darren White and appoint political operatives Rob Perry City Attorney and Gordon Eden APD Chief. Perry would later go on to be appointed the city’s Chief Administrative Officer (CAO) and paid $200,000 a year by Berry after Perry squeezed David Campbell out of the job.

2013 MAYOR’S

The 2013 Albuquerque Mayor’s race was the lowest voter turnout in the city’s history with only 70,473 voting, or a miserable 19%, out of a little more 300,000 registered voters. Two Republicans, incumbent Mayor Richard Berry and retired APD Sergeant Paul Heh and one Democrat, retired Chief Public Safety Officer, and former Chief Deputy District Attorney and City Councilor Pete Dinelli, qualified to be on the ballot. Democrat former Albuquerque first lady Margaret Aragon de Chavez withdrew from the race. Former Democrat Lieutenant Governor of New Mexico Diane Denish and Democrat City Councilor Ken Sanchez, declined to run for Mayor in 2013 as did then State Senator Tim Keller who decided to run for NM State Auditor.

In the 2013 Mayor’s race, Democrat candidate Pete Dinelli qualified for public finance and was given $340,00 for the campaign after securing 5,000 qualifying $5 donations. Duke City Rising, the measure finance committee formed to promote Democrats raised upwards of $60,000 but spent very little on the Mayor’s race. Instead it was used to help and promote almost exclusively Democrat City Council Candidates. Despite a commitment to raise funding of upwards of $150,000 by then Democratic Party Chairman Sam Bregman for Duke City Rising to help in the Mayor and City Council races, only office space was given by the State Democratic party for debate preparation.

Then Democrat Party Chairman Sam Bregman reneged on his promise to raise money and asked Democrat Dinelli to raise money for the Democratic party instead. Democrat United States Senators Jeff Bingaman and Tom Udall at the time declined to get involved with the Mayor’s race saying they did not endorse in municipal elections. Both US Senators later endorsed Democrats in city council run off elections and allowed their names to be placed on a flyer promoting Democrat City Councilor Diane Gibson saying she had “friends in high places”.

In the 2013 mayor’s race, Republican Richard Berry raised and spent $1.1 million in private financing. For a supposedly nonpartisan race, Mayor Berry’s 2013 private finance contributors list was very top heavy with prominent Republican donors and heavy hitters including the Republican National Committee ($10,000 donation), Brewer Oil Company ($5,000 donation), Western Refining Company ($5,000 donation).

In the 2013 Mayor’s race, Jay McClesky spent the full $1.1 million Berry had raised to produce TV and radio commercials and campaign mailers to disparage the 28 year public service career of Pete Dinelli. McClesky produced 3 TV ads disparaging the reputation of Dinelli and proclaiming it would be too dangerous to make him Mayor.

The first false ad claimed that Dinelli over 20 years before running for Mayor, went on a “boondoggle trip” to Calvary, Canada and stayed in a “castle” as Bernalillo Chief Deputy District Attorney. The trip was in fact a three day trip by a delegation of 12 who were part of the committee consisting of construction contractors, representatives from the county, courts and the DA’s office working on the new Metro Courthouse and DA Office construction projects. The trip was arranged by Bernalillo County. No one stayed in a “castle” but at a private corporation owned home that had guest house accommodations behind the home. The day after arriving, the delegation was taken to a manufacturing plant to review floor plans and modular office construction for competitive bids.

A second false ad produce by Jay McClesky accused Dinelli of signing a multi million dollar purchasing contract for furniture for the the new District Attorneys office. The ad was an outright lie in that no Chief Deputy District Attorney nor District Attorney has purchasing signature authority to sign such contract and only the county manager can sign such contracts.

A third false ad produced by Jay McClesky accused Dinelli of violating people’s civil rights in a civil code enforcement action by the APD code teams to enforce a drug contamination ordinance. Dinelli was not even present, was already retired in many cases and did not approve such actions. It was APD employees under the management of an APD Sergeant and Lieutenant that violated people’s civil rights. The Berry Administration agreed to a federal court “class action lawsuit”, agreed to add Dinelli as named party defendant without notifying him and after Dinelli had already retired. Under the orders of City Attorney Rob Perry, the Berry Administration refused to defend the class action lawsuit and instead settled the case taking no depositions, sending out no interrogatories nor making request for production of documents, and refuse to retain expert witnesses in the case.

In 2013, then Republican incumbent Mayor Richard Berry won the Mayor’s race garnering 48,008 votes or 68.12% votes with Democrat Pete Dinelli garnering 20,248 votes or 28.73% and Republican Paul Heh securing 2,217 votes or 3.15%. It was the lowest voter turn out in the city’s history.

MC CLESKY TWICE ELECTING AND INFLUENCING A REPUBLICAN GOVERNOR

It has been said by political insiders that in 2010 Jay McClesky went out of his way to recruite Susana Martinez to run for Governor and she herself has said she would not have been elected had it not been for Jay McClesky. Rooting out corruption was a major issue in 2010 Governors race. During the 2010 race for Governor between then 2 term Democrat Lieutenant Governor Diane Denish and then long time serving Republican Dona Ana District Attorney Susana Martinez, McClesky successfully managed to get Martinez elected on a “law and order” platform by tying Denish to then Governor Bill Richardson and “pay to play scandals” of the Richardson Administration. Denish had nothing to do with those scandals and it was common knowledge amongst politicos that Denish had a strained relationship with Richardson and she was never conferred with nor part of the Richardson “inner circle.”

https://www.politico.com/story/2010/08/corruption-at-issue-in-nm-gov-race-041237

In the 2010 race for Governor, Susana Martinez launched TV ads to link Denish to convicted or accused sex offenders. One of Martinez’s ad, ostensibly produced by Mc Clesky, claimed Denish was responsible for a policy of not reporting juvenile illegal immigrants to federal immigration authorities, a policy that the ad said allowed one man, who recently was arrested for sexual assault of a child, to stay in the U.S. The ad claimed Denish responsible for the policy which was a stretch if not an outright lie. You can review the ad and fact check analysis here.

https://www.factcheck.org/2010/06/mudslinging-in-new-mexico/

The Richardson Administration was investigated by United States Attorney for New Mexico Greg Forate for “pay to play” allegations that the Richardson Administration was awarding state contracts in exchange for campaign contributions. Forate was forced to abandon the criminal investigation when nothing was found, but that did not stop Forate from issuing a press release that Richardson had corrupted the state procurement process. The press release in and of itself was out of the ordinary with many accusing Greg Forate of violating Department of Justice (DOJ) protocol. McClesley took full advantage of the situation to taint Denish.

What is ironic is that later Jay McClesky himself would also be investigated by the Department of Justice (DOJ) relating to his involvement in the “Dirty Downs” deal which is described more fully below.

MC CLESKY DOES THE GOVERNOR’S BIDDING AND AGREES TO PAY $375,000 FOR DEFAMATION

Former Republican Governor Susana Martinez was vicious in going after members of her own party who disagreed with her and she did that with Jay Mc Clesky carrying out her orders. Recently, it was reported that Southern New Mexico rancher Scott Chandler, a Republican, settled a defamation lawsuit he filed claiming political consultant Jay McCleskey and the former Republican Governor’s political action committee circulated untruthful mailers about him during the 2016 campaign. The settlement agreement was reached 3 days after Chandler filed a motion asking a judge to add former Governor Susana Martinez as a defendant in the case. The motion was based on Mc Cleskey’s statements in a recent deposition that Martinez was critical in setting up the Advance New Mexico Now PAC.

Chandler’s 2019 lawsuit alleged that McCleskey and Advance New Mexico Now PAC circulated two mailers about Chandler damaging his chances of winning a 2016 Republican primary election for House District 32. Republican Chandler lost the primary by 16 votes. The lawsuit alleged that McCleskey and the PAC mailed fliers during the 2016 primary that asked, “How did a business accused of child abuse and torture AVOID government oversight?”

The fliers referred to a 2013 New Mexico State Police investigation of Chandler’s Tierra Blanca High Country Youth Program in Hillsboro, north of Deming. No criminal charges were ever filed as a result of the investigation. Chandler received legal settlements approaching $1 million from the state related to the investigation. The defamation suit against Mc Cleskey also alleges that Mc Cleskey advised then-Governor Martinez to execute the State Police search of Chandler’s ranch in October 2013. Chandler asked a 6th Judicial District Court judge on November 1 to add Martinez to the suit, alleging McCleskey recently implicated the former governor as a key player in the PAC who “directly authorized the mailing of the fliers.” McCleskey made the comments during an August 10 deposition in a related lawsuit McCleskey filed against his insurance company. In that suit, Mc Cleskey alleged that the company refused to pay his legal costs in the Chandler lawsuit.

In his deposition, McCleskey said Martinez was involved in setting up and operating the PAC, which is no longer active, the motion states:

“Governor Martinez was involved in the running of the PAC, including decisions about proposed budgets, proposed targets, and proposed districts. … She was involved in polling meetings and was presented with polling information.”

On May 20, 2019, Scott Chandler sued Jay McCleskey and his political action committee in Luna County for defamation related to mailers that were sent out during the 2016 Republican primary for the New Mexico House of Representatives. In response to the Complaint, Mc Clesky filed a motion to dismiss the case based on new Mexico’s statute prohibiting strategic litigation against public participation (Anti-SLAPP statute). McClesky also argued that the statements at issue were not defamatory as a matter of law. The District Court denied the Motion to Dismiss and the Court of Appeals upheld the District Court’s decision. On April 7, 2020, the New Mexico Supreme declined to hear the case meaning that the agreed with the lower court ruling,

https://www.scribd.com/document/547367008/PRESS-RELEASE-Chandler-v-McCleskey

On Decmber 15, 2021, the case was settled with McClesky’s insurance company agreeing to pay $375,000 to settle the defamation claims against McClesky. The link to the settlement agreement is here.

https://www.scribd.com/document/547367326/Final-Signed-Release

On December 15, Scott Chandler issued the following statement on the $375,000 settlement:

In essence, law was made and precedent was set to provide a warning to those who chose to cross the line using “scorched earth” tactics to win. Our case will not only serve as a warning but, as a potential roadmap for others who find themselves, as we did in 2016, facing lies and unbelievable actions of unscrupulous individuals. Jay McCleskey, even in his own words, implicated a sitting Governor and their PAC acting as if they could operate above the law. In McCleskey’s deposition he was asked who authorized him to say “on behalf of Advance New Mexico that it didn’t consider Mr. Chandler to be a good candidate for the general election,” Mr. McCleskey answered “[t]he governor.”

The link to quoted source materials is here:

https://www.abqjournal.com/2448303/lawsuit-over-campaign-fliers-appears-settled.html

“THE DIRTY DOWNS DEAL” AND A FEDERAL GRAND JURY INVESTIGATION

During her first year in office, Governor Susanna Martinez herself was alleged to have been involved with a “play to play” controversy involving the award of a $1 Billion-dollar, 25-year, Albuquerque Downs Racetrack contract, dubbed by politicos as “The Dirty Downs Deal”. At the very center of the “Dirty Downs Deal was Jay Mc Clesky who carried out the Governor’s orders.

https://www.abqjournal.com/335335/buster-screwed-us.html

The FBI investigated the contract, which was awarded to the Downs at Albuquerque in December 2011, with FBI agents interviewing people involved with the Martinez campaign and others about the lease and about campaign donations and inaugural donations. Martinez herself also answered FBI questions about the Downs lease deal. Allegations were made that the Downs at Albuquerque contract was a “pay-to-play deal”, reminiscent of those alleged during the administration of her predecessor Governor Bill Richardson.

Allegations of nefarious conduct around the Downs lease involved political insiders, significant campaign contributions to Martinez and attempts to hide political donations and contributions to Governor Martinez or her political action committee from donors connected to the Downs. Two of the Downs owners were Louisianans Bill Windham and John Turner both Republican boosters and were substantial contributors to Martinez’s campaign for Governor. Martinez received $70,000 in contributions during her campaign from Windham and Turner.

According to news reports, after her election, Windham asked for a meeting with Martinez’s transition team to discuss the future of the racino lease and offered to contribute $50,000 to the Martinez inaugural committee. According to news reports, Andrea Goff, who was executive director of the inaugural committee, was instructed to turn down Windham’s offer.

At the center of the “Dirty Downs Deal” was Governor Susana Martinez’s political adviser, Jay McCleskey, who was not a state employee, yet had an office on the 4th floor of the state capitol next to the Governor. McCleskey, who was living rent free in the Governor’s mind, thrust himself right in the middle of controversy.

According to news reports, McCleskey became upset over a two-week delay to award the contract by the State Fair Commission and was angry that the commission did not approve the 25-year racino lease with the Downs at Albuquerque. McCleskey, after the vote to delay the award of the lease, made repeated contact to complain to Andrea Goff Andrea.

Goff was a Hobbs-area fundraiser who at the time was working for Martinez and raising money for Susana Pac, the Governors political action committee. Andrea Goff is the daughter-in-law of then-State Fair Commissioner Buster Goff who had cast the deciding vote to delay the award of the contract for two weeks.

Buster Goff was a Martinez appointee to the State Fair Commission and his vote was considered a betrayal to the person who appointed him.

A text message from Jay McClesky to Andrea Goff includes the following:

“Buster screwed us!”
“He [Buster] has just really hurt the governor,”
“The gov is furious … It is VERY bad.”
“These 2 weeks will not be used to study the proposal … they will be used to kick the crap [out] of the gov … That’s what he [Buster] needs to understand.”
“Windham [one of the Downs’ owners] will be a piñata for 2 weeks. … He [Buster Goff] was supposed to pass it [the Downs contract].”

Andrea Goff said in media interviews that she felt she was being pressured by McCleskey to somehow get her father-in-law to change his vote. Andrea Goff said she did not try to change the mind of her father-in-law Goff but that she did try to find out from him what happened and what his reasoning was to vote for a two-week delay. According to Andrea Goff, her father-in-law and other commissioners were very concerned with performance clauses in the lease and said to McCleskey:

“They want to be good public servants for the gov and the state but did not know they were just supposed to be a rubber stamp [ and just vote to approve].”

In one text message, Andrea Goff said Buster Goff had offered to resign as State Fair Commissioner. According to news reports, McCleskey ignored the resignation offer and harped to Andrea Goff about how Democrats in the New Mexico State Senate wanted to embarrass Governor Martinez. McCleskey predicted dire financial consequences for the State Fair if the lease was not approved.

The State Fair Commission eventually voted to award the contract to the Downs of Albuquerque with Commissioner Buster Goff voting for approval.

Republican operatives former Bernalillo County Sherriff Darren White, who appeared in Martinez election commercials, and former Republican National Committeeman and private attorney Pat Rogers were hired by the successful Downs Race track applicant. Both White and Rogers are known to have close ties with McClesky and no doubt played a role in influencing the award of the contract by the Martinez Administration.

FEDERAL GRAND JURY INVESTIGATION

McCleskey denied trying to pressure Andrea Goff in any manner. For several months, a federal grand jury had investigated Jay McCleskey regarding expenditures from Republican Martinez’s campaign, as well as money from her 2011 inauguration committee that went to McCleskey.

On March 4, 2016, McClesky’s attorney and the Republican Governor’s attorney Republican Paul Kennedy, the former Supreme Court Justice appointed by Martinez and Republican operative, announced that the federal grand jury would not indict McCleskey by saying tersely “I’ve been informed the investigation has been terminated”. Kennedy declined to answer any questions. Paul Kennedy is a very prominent criminal defense attorney known to charge top dollar and it has never been disclosed if he was paid for his services by McClesky, the Governor’s PAC or by the Republican Party.

https://www.abqjournal.com/735011/mccleskey-lawyer-grand-jury-over-no-charges.html

What happened with the “Dirty Downs Deal” was a good example of McCleskey’s aggressive conduct to defend and protect Governor Martinez at all cost during her entire 8 years in office. It was also a good example of the vindictive way McCleskey goes after people he views as opponents who refused to tow the line.

MILLIONS PAID MCCLESKY MEDIA STRATEGIES BY RONCHETTI

OpenSecrets is the nation’s premier research and government transparency group tracking money in politics and its effect on elections and policy. OpenSecrets is a nonprofit organization based in Washington, D.C., that tracks data on campaign finance and lobbying. It was created from a merger of the Center for Responsive Politics (CRP) and the National Institute on Money in Politics.

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

According to OpenSecrets, the Mark Ronchetti for New Mexico committee made 105 payments totaling $2,647,913 to Mc Clesky Media Strategies in Ronchetti’s race for United States Senate against Ben Ray Lujan. The amount is based on expenditures reported by candidates, parties, PACs and outside spending groups for the 2019-2020 election cycle and based on Federal Election Commission data available electronically on Monday, February 01, 2021.

https://www.opensecrets.org/campaign-expenditures/vendor?vendor=McCleskey+Media+Strategies&year=2020

COMMMENTARY AND ANALYSIS

Jay McCleskey is New Mexico’s version of Lee Atwater or Karl Rove, two of the most despicable right wing Republican bottom feeders and political consultants and strategists for the Republican Party. McClesky has even received praises for his work from Karl Rove. McClesky is known for his negative slash-and-burn tactics to disparage and viciously malign Democrats at all levels and he has been very successful at it in New Mexico for the last 20 years making a very lucrative living. It’s difficult to respond to a politcal hit piece, especially at the end of a contentious campaign or if an opponent does not have the financial resources to respond to the lies and the liars who tell them.

A “political hit piece” is the lowest form of negative campaigning used by all successful bottom feeder political consultants to smear the reputation of an opponent. In New Mexico, McCleskey has elevated the “political hit piece” to an art form. His tactics are often condemned by the public and those who are the target. The problem is that negative campaigning and smear tactics work and has worked for Jay McClesky over the years. McClesky has made a lucrative living at it and will likely continue to do so here and elsewhere in the country.

Sources have confirmed that McClesky is already lining up clientele for the 2022 midterms, including being hired by former Republican State Representative and retired APD police officer Paul Pacheco who is running for Bernalillo County Sheriff. Mark Ronchetti has now announced he is running for the Republican nomination for Governor in the 2022 election and it is more likely than not that McClesky Media Strategies will once again be advising Republican Mark Ronchetti to do whatever it can to make Governor Michell Lujan Grisham a one term Governor.

Simply put, Jay McClesky is the go-to guy for anyone who is Republican running for office willing to spend and do whatever it takes to win an election at any and all costs. One thing is for certain is that when you hire Jay Mc Clesky to manage your campaign, and if you do win, you can expect him to exert great influence over you until the day you leave office.

LET THE VOTING PUBLIC BEWARE!

Links to related blog articles with quoted news are here:

The Scandals and Failures of Governor Susana Martinez

The Rise And Fall Of Governor Susana Martinez And Her 8 Year Legacy Of Failure

A Berry Bad Legacy of Failure

Berry Offers Record of Failure For Governor

On Monday, December 6, the New Mexico legislature convened the special session for the purpose redrawing the states United States congressional Districts as well as all State House and Senate Districts. The 2021 special session is the first time in 30 years that Democrats have controlled both the New Mexico House and Senate chambers and the Governor’s Office during a redistricting year. The current congressional map was a result of litigations and was designed in court 10 years ago and keeps Albuquerque concentrated in one district rather than split between two districts. The 2021 enacted congressional redistricting plan changes that.

NEW CONGRESSIONAL DISTRICTS

On December 11, the New Mexico House of Representatives voted 44 to 24 to pass Senate Bill 1, clearing the way for a new Congressional map in time for the 2022 election season. If Governor Lujan Grisham signs the redistricting, which is highly likely, Albuquerque will be split and be into two districts of CD 1 and CD 2. As adopted, all three Congressional Districts will have constituents in the SE quadrant of the state. The proposal passed along party lines in both chambers of the Legislature. Every Republican voted to opposed it. Only one Democrat, Representative Candie Sweetser of Deming, crossed party lines to vote no with Republicans.

For Albuquerque, much of the West Side, South Valley and parts of the Barelas neighborhood will be moved into the 2nd Congressional District, which is otherwise rooted in southern New Mexico. As the new districts are drawn, all 3 congressional districts will have constituents in the South East quadrant of the state.

Senator Joseph Cervantes (D-Las Cruces) says the new congressional District will give Hispanic and Tribal communities a stronger voice and had this to say:

“We’re re-imagining New Mexico, which is no longer Albuquerque as an island unto itself, but rather a map of Congressional representation that includes rural and urban together and really begins to make New Mexico feel a little more diverse and a little more unified. … I think that’s very exciting to realize it’s no longer a north-south state with a dividing line at I-40 and Albuquerque sitting as an island. We’re going to do better as a state, when we begin to unify our communities.”

Albuquerque Democrat State Representative Georgene Louis, a co-sponsor of the bill, said the proposed map ensures all of the state’s representatives in Congress have to answer to a diverse set of constituents. Louis is a member of Acoma Pueblo and said the plan adjusts some boundaries to reflect the wishes of Native American tribes. Louis put it this way:

“We’re making these districts really listen to the voices of both the urban and the rural.”

UNM Political Science Professor Dr. Lonna Atkeson said that this could lead to Democrats winning all three districts and put it this way:

“Are we going to keep the same boundaries, which have led to, for example in our federal elections, a common two Democratic and one Republican house member split or are we going to change that map so that it really probably picks up three blue districts? That’s really what the fight is over.”

STRONG OPPOSTION VOICED

Strong opposition emerged immediately. Albuquerque South Valley Democrat Senator Jacob Candelaria condemned the District 1 map claiming it will dilute the influence of Latino voters in Albuquerque’s working class West Side. Candelaria has announced he will not run for reelection in 2024. At the beginning of the special session, Candelaria announced a change in his party affiliation from Democratic to “unaffiliated” denouncing the corrosive effects of extreme partisanship. His departure from the Democratic Party results in a 26-seat Democratic majority with 15 Republicans in the 42 member Senate. Candelaria had this to say about the passed congressional district plan:

“You would strip representation from people that I represent, many of whom are Hispanic, simply because it benefits you at the ballot box. ”

New Mexico House and Senate Republicans blasted the re districting legislation charging it as a blatant attempt to dilute the voting strength of rural communities. The main criticism is that the conservative stronghold of southeastern New Mexico will be broken into all 3 congressional districts, rather than unified and represented by one member of congress as it has been for decades.

Republican state Representative Greg Nibert of Roswell put it this way:

“I see this map as an assault on rural New Mexico, particularly agricultural areas. It looks to me like the Senate plan purposefully makes the current competitive districts uncompetitive … That is not by happenstance; that is by design, and it is politically motivated.”

Republican Senator Cliff Pirtle, Roswell, said he thinks the congressional map could diminish the power of the Democrat held 3rd Congressional District represented by Teresa Leger Fernandez and he had this to say:

“It’s a risk that is being taken [by Democrats thinking they can make inroads in the traditionally Republican part of the state] … with the right candidate who really speaks to the independents and people frustrated with the Democratic Party, we could pull off a win even in the next election.”

The New Mexico Acequia Association and the Pueblos of Laguna and Acoma also opposed the new districts because of how the changes would affect the 3rd District in the northeast. Conroy Chino, a lobbyist for the two pueblos, said they’re against the plan because of their close relationship with U.S. Rep. Teresa Leger Fernandez and because the map would reduce the Native American population that’s old enough to vote in CD 3 from 20% to 16%.

Representative Christine Chandler, D-Los Alamos, said concerns about congressional leaders ignoring rural communities are likely unfounded and said any congressional leader who does that and said

“will not be in office very long. I think it is a huge advantage to have three districts where there are both urban and rural issues [represented] and Because those congresspersons who are elected will have a much broader understanding of what is facing both rural New Mexico and urban New Mexico.”

FIRST CONGRESSIONAL DISTRICT

The First Congressional District is represented by freshman Congresswoman Melanie Stansbury who was just elected in a special election with 60% plus landslide in June to replace Debra Halaand who resigned when she was appointed Secretary of the Interior by President Joe Biden. Stansbury is decisively a progressive Democrat. Most of the city of Rio Rancho is now in District 1 which could be problematic for Standsbury. Rio Rancho is the 3rd largest city in the state and has a healthy number of conservative Republican registered voters. The Democratic leaning Albuquerque Westside, South Valley and the Barelas have been removed from the District and now in the Second Southern Congressional District represented by Republican Yvette Herrell of Alamogordo. District 1 now includes the conservative rural counties of DeBaca and Lincoln.

Before the new redistricting, District 1 included Bernalillo, Sandoval, Santa Fe, Torrance, and Valencia counties. Under the new redistricting, the 1st Congressional District would continue to cover most of Albuquerque and the East Mountains and now it will also include most of Rio Rancho and include Ruidoso and cover a number of rural counties, stretching southeast with part of Roswell included. The counties in the District 1 include parts of Beranlillo County, Valncia, Torrance, Guadalupe, Lincoln and De Baca. Towns and cities included in District 1 CD are Albuquerque, Rio Rancho, Moriarty, Roswell, Estancia, Stanly, Santa Rosa, Fort Sumner, and Ruidoso.

An analyst of the district conducted by the legislatures contracted polling company Research and Polling reveals the new Congressional District 1 covers precincts that lean 7% points toward Democrats in elections over the past 10 years. The political performance sampling estimated the district will lean 53.5% Democratic and 46.5% Republican.

PAST FIRST CONGRESSIONAL DISTRICT REPRESENTATION

The 1st Congressional District now held by Democrat Melanie Stansbury of Albuquerque. Her predecessors have included Democrats US Interior Secretary Debra Haaland (elected 2 terms, January 3, 2019 – March 16, 2021), Governor Mitchell Lujan Grisham (elected 3 terms, January 3, 2013 – January 1, 2019), Senator Martin Heinrich (elected 2 terms, January 3, 2009 –January 3, 2013 ) and Republicans Heather Wilson (elected 6 terms, June 25, 1998 – January 3, 2009), Congressman Steve Schiff (elected 5 terms, January 3, 1989 – March 25, 1998) and Manuel Lujan, Jr. (elected 10 terms, January 3, 1969 – January 3, 1989.)
.
https://en.wikipedia.org/wiki/New_Mexico%27s_1st_congressional_district

SECOND CONGRESSIONAL DISITRICT

Before redistricting, the 2nd congressional district included southern part of Bernalillo, Catron, Chaves, Cibola, DeBaca, Doña Ana, Eddy, Grant, Guadalupe, Hidalgo, Lea, Lincoln, Luna, McKinley, Otero, Roosevelt, Sierra, Socorro, and Valencia counties. The 2nd Congressional District now has the counties of Cibola, Catron, Socorro, Hidalgo, Grant, Luna, Sierra, Doña Ana, Otero, Eddy. The towns and cities on District 2 include Lordsburg, Deming, Silver City, Reserve, Soccoro, Los Lunas, Grants, Truth or Consequences, Las Cruces, Alamogordo and Carlsbad. The 2nd Congressional District includes the southern part of Hobbs, the southern half of Zuni Pueblo, the southern half of the Mescalero Apache tribal lands, and the Albuquerque South Valley just outside the city limits of Albuquerque. Hobbs is being split in half between Districts 2 and 3. According to the Research & Polling analysis of past elections, Democrats would have a 6% point Democratic lean.

One of the biggest changes for the Second Congressional District is that it now includes a large portion of Albuquerque’s s Westside, the South Valley and the Barelas neighborhood, areas of the city that will no doubt feel out of place philosophically with the far more conservative southern part of the state except perhaps for Dona Ana County with Las Cruces. According to the latest census numbers Doña Ana County’s population is nearly 70% Hispanic. The new district map brings the adult Hispanic population in CD 2 to a little more than 56% which is an increase of 5%.The progressive Center for Civic Policy stated in submitted comments:

“This map attempts to address these nagging racial equity concerns. … [Hispanic] voices largely go unheard and under-represented [in the current District]. ”

PAST SECOND CONGRESSIONAL DISTRICT REPRESENTATION

The 2nd Congressional District is now held by Republican Yvette Herrell of Alamogordo. Her predecessors are Democrat Xochitl Torrez Small (elected 1 term, January 3, 2019 – January 3, 202), Republican Steve Pierce (elected 4 terms January 3, 2011 – January 3, 2019), Democrat Harry Teageu (elected 1 term, January 3, 2009 – January 3, 2011, Republicans Steve Pearce, (elected 3 terms, January 3, 2003 – January 3, 2009) Joe Skeen (elected 11 terms, January 3, 1981 – January 3, 2003), Democrat Harold Runnels, (elected 5 terms, January 3, 1971 – August 5, 1980), and Republican Ed Foreman (elected 1 term, January 3, 1969 – January 3, 1971.) .

https://en.wikipedia.org/wiki/New_Mexico%27s_2nd_congressional_district

THIRD CONGRESSIONAL DISTRICT

The 3rd Congressional District is now held by Democrat Teresa Leger Fernandez of Santa Fe. Before redistricting, the 3rd congressional district included a northern part of Bernalillo County and included Colfax, Curry, Harding, Los Alamos, McKinley, Mora, Quay, Rio Arriba, Roosevelt, Sandoval, San Juan, San Miguel, Santa Fe, Taos, and Union. The new district includes the counties of San Juan, Rio Arriba, Taos, Colfax, Union, most of Mc Kinely and Sandoval counties, San Miguel, Quay, Guadalupe, De Baca, Chavez and most of Roosevelt County. The 3rd Congressional District will continue to include Farmington, Santa Fe and Los Alamos. Other towns and cities included in District 3 are Gallup, Aztec, Tierra Amarilla, Taos, Raton, Mora, Raton, Las Vegas, Clayton, Tucumcari, Portales, Clovis and Tucumcari. District 3 reaches South into the oil patch and covers part of the city of Hobbs. Hobbs is being split in half between Districts 2 and 3. According to according to the Research & Polling analysis, the District will have a 12 point Democratic lean.

Informed sources are reporting that Democrat Representative Teresa Leger Fernandez is not at all pleased with the final shape of the district. In particular, she is concerned that her new district extends south into the very conservatives oil patch territory, including half of the Anglo dominated city of Hobbs. The problem for Fernandez is 80% of the oil and gas industry in the SE is now in the 3rd Congressional District. Leger Fernandez is at serious odds with the oil and gas industry over climate change. New Mexico is now the second highest producer of oil and gas in the country and the industry will no doubt throw big bucks at the race to get rid of her in congress. In close, competitive races, enormous amounts of money too often make the difference suppressing the vote and allowing Republicans to win.

PAST THIRD CONGRESSIONAL DISTRICT REPRESENTATION

The 3rd Congressional District is now represented by Democrat Teresa Leger Fernandez who was elected to her first term in 2020. Her predecessors are Democrats Senator Ben Ray Lujan, (elected 6 terms, January 3, 2009 – January 3, 2021), Former Senator Tom Udall, (elected 5 terms, January 3, 1999 – January 3, 2009), Republican Bill Redman, (elected 1 term, May 13, 1997 – January 3, 1999), former Governor Bill Richardson (elected 8 terms January 3, 1983 – February 13, 1997).

https://en.wikipedia.org/wiki/New_Mexico%27s_3rd_congressional_district

“FiveThirtyEight” REPORT

FiveThirtyEight, sometimes rendered as 538, is an American website that focuses on opinion poll analysis, politics, economics, and sports blogging. 538 is owned by ABC News. The website, which takes its name from the number of electors in the United States electoral college, was founded on March 7, 2008, as a polling aggregation website. It reviews hundreds of polls and compiles a listing of results of those polls. The link to 538 is here:

https://fivethirtyeight.com/

On December 10, “FiveThirtyEight” reported as follows:

“On Dec. 10, the New Mexico Senate Judiciary Committee advanced an alternative congressional map that would give Democrats an edge in all three of New Mexico’s districts. Like an earlier version of the map, the map would make it easier for Democrats to capture the 2nd District, which is currently held by Republican Rep. Yvette Herrell. If the map is adopted, her district would go from a partisan lean of R+14 to D+4. The tradeoff, however, is that the 3rd District would become more competitive, endangering the reelection prospects of Democratic Rep. Teresa Leger Fernandez. Her district would go from a partisan lean of D+14 to D+5. This latest map, however, leaves her seat a tad safer than in the earlier version.”

“FiveThirtyEight” ANALYSIS VERSUS “RESEARCH AND POLLING” ANALYSIS

FiveThirtyEight rates the new District 1 now held by Democrat Melanie Stansbury of Albuquerque as a Democratic-leaning congressional district. Research & Polling Inc. analysis found that the new district will lean about 7% points toward Democrats. The political performance measures for the last 10 years by Research and Polling estimated at 53.5% Democratic and 46.5% Republican.

FiveThirtyEight rates District 2 now held by Republican Yvette Herrell of Alamogordo as “highly competitive”. According to Research & Polling analysis of past elections, Democrats will have a 6%-point Democratic lean.

FiveThirtyEight rates District 3 now held by Democrat Teresa Leger Fernandez of Santa Fe as “highly competitive”. However, Research & Polling analysis finds a 12% Democratic lean.

Links to quoted news source material are here:

https://www.kob.com/albuquerque-news/proposed-redistricting-map-heads-to-governors-desk/6328934/?cat=500

https://www.krqe.com/news/politics-government/legislature/new-mexico-legislature-sends-redistricting-plan-to-governor/

https://www.koat.com/article/congressional-redistricting-map-goes-to-the-governors-desk/38493261

https://www.santafenewmexican.com/news/legislature/new-mexico-house-oks-congressional-map-with-advantage-for-democrats/article_15b49c86-5a98-11ec-a366-abf1de1f3db5.html

https://www.lcsun-news.com/story/news/local/new-mexico/2021/12/10/senate-map-would-reshape-southern-new-mexicos-congressional-district/6462149001/

https://projects.fivethirtyeight.com/redistricting-2022-maps/new-mexico/

https://www.lcsun-news.com/story/news/local/new-mexico/2021/12/10/senate-map-would-reshape-southern-new-mexicos-congressional-district/6462149001/

https://www.abqjournal.com/2453514/nm-lawmakers-approve-new-congressional-map.html

COMMENTARY AND ANALYSIS

Aside from the expected initial dustup after passage of the new Congressional Districts plans, what happened this year was very tame to what happened 10 years ago and the extensive amount of litigation. With the 2022 midterms for United States Congress looming large, initial national polling is reflecting that the Democrat majorities in both the House and in the United States Senate are in danger. Complicating matters is that President Joe Biden’s approval ratings are hitting a low of around 36%.

In the United State House of Representatives, Democrats have a very slim majority of 5. The defeat of Republican Trump supporter Representative Yvette Herrell is being predicted by many but her defeat will not be enough to keep the United States House of Representatives in Democrat control. In the United State Senate, the chamber is split 50-50 with Democrats in control only because of Vice President Kamal Harris being the tie breaker.

New Mexico Senator Martin Heinrich is not up for election until 2024 and Senator Ben Ray Lujan is not up for election until 2026. No doubt Senator Martin Heinrich realizes that if the Senate Majority is returned to Republican control in the 2022 midterms, he will be faced with a very difficult reelection in 2024, especially if Der Führer Trump is again running for President.

New Mexico Democrats may have shot themselves in the foot with redistricting. The New Mexico legislature has now made 2 out of the 3 congressional districts competitive, when 2 out of 3 were solid Democrat before redistricting. This was all done in order to get rid of Der Führer Trump Southern Congresswoman Yvette Herrell and only time will tell if it was really worth it.

Let the 2022 midterms begin!

On November 14, 2014, the City of Albuquerque and the Department of Justice (DOJ) entered into a Court Approve Settlement (CASA) mandating 271 reforms of the Albuquerque Police Department APD. The settlement was a result of a year’s long investigation of the APD and findings of “excessive use of force” and deadly for and a “culture of aggression.” A major reform measures was mandating the creation of a full time, professional Civilian Police Oversight Agency (CPOA) with a full time Director and investigators and with a 9-member, all-volunteer Civilian Police Oversight Board appointed by the city council. The CPOA board is ultimately responsible for investigations of police misconduct and making recommendations to the Chief of Police for disciplinary actions. The postscript to this blog article gives detailed description of the duties and responsibilities of the CPOA with a link to the ordinance that creates it.

CPOA CHAIRMAN RESIGNS

On December 9, Eric Olivias, the Chairman Of Civilian Police Oversight Agency (CPOA) Board submitted his letter of resignation. In addition to Olivias resigning, two others CPOA Board member resigned within a 48 hour period and they are Tara Jaramillo-Prewitt and Geonie Ralph. A 3rd newly appointed CPOA Board member Richard Johnson who was appointed to the Board at the same time as Gionnne Ralph is reported have to have silently walked away from the CPOA Board on or about November 1, 2021. The Olivia’s letter is a scathing indictment of the CPOA. The resignation comes less than 2 months after CPOA Executive Director Ed Harness resigned and less than one month after Superintendent Of Police Reform Sylvester Stanley announced his retirement at the end of December.

Below is the Olivias letter of resignation:

EDITOR’S NOTE: Because of the length of the resignation letter, capitalized and bold headlines were added for clarity to assist the reader.

“I wish to inform you of my intent to resign my position on the Civilian Police Oversight Agency Board effective at 4:59 PM on December 9, 2021. It has been a great privilege to serve this community through this Board. It has been a humbling experience to see and understand the issues the men and women of APD deal with each and every day. I am resigning my seat for the reasons listed below.”

BADLY BROKEN PROCESS

“First and foremost, let me state that I am not resigning for personal reasons, but rather because I believe this process is badly broken and many persons, policies, and politics have led to that breakdown. This is not a Civilian Police Oversight Board as it is titled, rather this Board is a Civilian Police Advisory Board. The Board has no oversight authority over APD, it can issue recommendations for discipline and policy, but all recommendations are non-binding and can be dismissed, as they often are, by the Chief of Police. No matter the evidence presented, the Board is able to have little effect on the actual operations of APD.”

BOARD HAS TOO MANY RESPONSIBILITIES TO FUNCTION

“The Board itself is tasked with far too many responsibilities. The City Council erred in assigning so many tasks and responsibilities to the Board and its members and then restricted its ability to function by limiting the number of committees that Board members may serve on. Further, the list of training required for Board members is far too ambitious for unpaid volunteers. This requirement skews the membership of the Board towards retirees and those who are independently wealthy, hardly a subset reflective of our diverse community. For example, the required Civilian Police Academy course occurs two times per week over the course of 3 months adding up to nearly 60 hours of training including topics such as the Horse Mounted Unit and Impact Investigations. These are important units of APD, no doubt, but is knowledge of them required for Board service? Hardly. To be a fully functional and well-informed member of this Board an individual needs approximately 20 hours a week minimum to devote to Board service.”

CITIZENS VOLUNTEER BOARD LEADS TO FAILURE

“The Board has members who cannot and do not devote the time required to serve, and it clearly shows. Some members come to meetings completely unprepared and have not reviewed materials or have only done a surface review. Recently I learned that one member who had been voting on cases for 6 months, only recently learned how to access case materials and findings letters after contacting agency staff. After spending months correcting faulty training records and regaining compliance on training requirements, just one member can set back the efforts of the Board immensely. Despite the obvious deliberate non-compliance of some members, many Board members refuse to hold those members responsible accountable. One member went so far as to say that CPOA staff should be checking in with new members on a weekly basis and another wondered whether access to a computer was a reason for non-compliance with training requirements. To be a member of this Board, some basic skills, self-accountability, and self-reliance must be had. If the Board can’t hold itself accountable, why would anyone entrust the Board with real power to hold APD accountable?”

DEBATING THE MINUTIAE

“The Board is charged to review allegations of officer misconduct impartially and fairly based on policy, not based on feelings or a particular ideology. Because of the emphasis of certain Board Members on how a particular case “feels”, the Board is constantly bogged down debating the minutiae of minor complaints where, even if the allegations or “bad feelings” were true, little to no discipline would result. Yet, when serious policy matters come before the Board, such as when the suite of Use of Force Policies was recently reviewed, many of these same Members that drill into the details of each minor complaint had nothing to say or didn’t even bother to show-up.”

POORLY DESIGNED CITY COUNCIL PROCESSS

“The City Council has designed a bad process. From the appointment process, to training, and of course the long list of responsibilities delegated to the Board, the Civilian Police Oversight Ordinance in Albuquerque is broken. Efforts are underway to nibble at the edges of the problem, but frankly the proposed amendments to the ordinance hit at the low hanging fruit and do nothing to give a meaningful role to Civilian Oversight of Police in Albuquerque. On numerous and repeated attempts to arrange meetings with City Councilors to discuss issues with the CPOAB several never even responded, of those that did respond and meet, 3 will no longer be on the Council at the end of this month. It is clear from meetings with councilors and even more clear from public statements, that many councilors do not understand the ordinance they wrote. In one recent meeting a Councilor went so far as to state that the members of the CPOAB, “hold the lives and livelihoods of officers in their hands.” This statement would be funny if it wasn’t so ignorant of how the process really works. Other Councilors have made similar statements indicating that they do not have a good understanding of how the CPOA Ordinance is written and how it works in practice. If City Councilors want a strong and effective Civilian Oversight process in Albuquerque, I would urge them to listen to those that know best including, but not limited to Board Members.”

FEDERAL MONITOR, DEPARTMENT OF JUSTICE, POLICE UNION PART OF PROBLEM

“Despite serious issues within the Board, the greatest problems in this process lie within the parties of the CASA including the Monitor, the USDOJ, the APOA, and the City. While training records for the Board have been incomplete for nearly 2 years, only in [Independent Monitor’s Report 14 or] IMR-14 is the issue formally raised. In IMR-13 the issue was raised during informal meetings. Has the monitor really been doing its job if it took two years to note that training records were out of date? Moreover, the monitor has provided conflicting guidance. Criticizing the Board for spending too much time reviewing cases while in the next paragraph applauding the Board for catching serious deficiencies in an Agency investigation during its case review process. When pressed for clarity, only more ambiguity was provided. What else in this process is the monitor missing or giving conflicting guidance on? Might there be some financial incentive for the out-of-state monitor to drag this process on and give conflicting advice? Why has the monitor not held the City out of compliance for not filling Board positions and not publishing a clear and transparent process for how applicants will be screened and vetted? The City has promised action on this for years, none has been taken, yet the monitor is silent.”

DOJ AND CITY ATTORNEY MEDDLING

“The USDOJ meddles in Board business as it sees fit. When the Assistant US Attorney didn’t like an ill-informed statement that a new member made in a committee meeting, USDOJ rallied the City Attorney and others to its cause insisting that this was a sign of the Board being complacent, rather than looking to City Council as to how such a poorly informed and biased member was appointed to this Board in the first place. The assistant US Attorney has also made statements in support of the now departed Executive Director, while failing to recognize that the Board cannot comment on such matters given Personnel protections.”

“The City Attorney has also meddled in Board business despite the professed need for independence of the Board. The City Attorney has all but declared that the current training provided to the Board is inadequate. Without stating what about the training was/is inadequate, the City Attorney has convinced all the parties that the City Attorney is better suited to provide training to the Board, despite obvious issues with the independence of the Board. However, when the assistance of the City Attorney was requested to address APD not providing required CPA training to the Board by a more accessible virtual means during the pandemic, the response indicated that it would be inappropriate for the City Attorney to intervene on the Board’s behalf given its independent status. The City Attorney has provided inaccurate information to City Council on Board training compliance, despite being provided evidence to the contrary. On numerous occasions the City Attorney has lectured and belittled the Board and myself about its shortcomings and lack of priorities. This criticism came from one of the primary parties responsible for the compliance of the City of Albuquerque with the CASA, despite improvements in CASA compliance being stalled for the last 1.5 years.”

GREATEST FAULT LIES WITH APD

“Despite the many parties failing in their obligations in this process the greatest fault lies with the Albuquerque Police Department, mainly its Executive Leadership. Rather than appoint leaders with real experience in reforming a large police department the current mayoral administration chose a union endorsed insider. More concerning is the bloat and constant turnover in APD command staff. When the current mayoral administration began their tenure they proclaimed that they were reforming the APD organizational chart. They accused the prior administration of having a bloated and top-heavy command that left the field short-handed. Now we have 2 Chief’s (the Chief and Superintendent). There are more deputy chiefs and chiefs of staff and deputy chiefs of staff than I care to mention. Then there are public safety advisors, public safety liaisons, public information officers, and the list goes on and on. The current organizational structure makes the past administration look efficient by comparison. The solution to every problem has been to create and staff a new high-level, at-will position.”

“As if the top-heavy structure wasn’t enough, the churn through these cushy positions makes an Amazon warehouse look calm and tranquil. Nearly every week we learn that some high-level commander has been reassigned, retired, or resigned. The training academy, a perennial issue of concern in the monitor’s reports, has had 4 commanders in 4 years. Some commanders last a matter of months, others even less than that. How can an organization project stability and good function when nothing about it is stable or consistent? How can we hold field officers accountable when command staff changes on a whim and guidance from said command staff can change on a dime depending on who is in charge and what stimuli they are responding to.”

STONEWALLING IS ENGRAINED IN APD

“While the Board is charged with evaluating and making recommendations on APD Policy, APD has consistently stonewalled the Board on basic data requests. The Board has requested data on the expensive and untested Shotspotter program only to be given a letter assuring the Board that all procurement processes were followed (with no evidence) and a short briefing emphasizing that the program was too new to offer full statistics and analysis. Many other cities use Shotspotter, why didn’t APD look at those programs before committing to its own version of this program? When you don’t have enough officers to respond to the actual calls in the system, why purchase a complicated and expensive system to generate even more (lower priority) calls? The Board has, on numerous occasions, requested data on the K9 unit. Given the high rate of injuries (to civilians and APD personnel) and frequent settlements, having the Board look at this unit and its policy would seem to be a no-brainer, yet APD has stonewalled for nearly a year. What is APD hiding, or are they just that bad at keeping records? The Board has also requested records on traffic stops including data on fines collected, injuries, shootings, etc. Once again, APD has stonewalled this request and avoided accountability. Lastly, despite years of reporting on overtime abuse at APD, spearheaded by a CPOA Investigation, little action has been taken to implement meaningful reforms to the APD Overtime process.”

APD IS BROKEN

“APD is broken. Not because of the brave and hardworking men and women who serve the community as field officers, detectives, and front-line supervisors, but because of a command staff focused on politics and micromanagement. There is no accountability for the organization as a whole. The City Council seems convinced that throwing money at APD will solve all the problems. Despite the City Council budgeting the department for hundreds more officers each year, that goal has never been met. APD blames the national recruiting environment and no-one asks questions. How is it that BCSO maintains a nearly full staff while APD is struggling to tread water? City Council buys APD a new helicopter, a new communication system, gadgets like ShotSpotter, and more, yet City Council never asks hard questions as to how violent crime rates continue to rise, recruitment struggles, and progress towards meeting the requirements of the CASA are non-existent. I believe the answer to these good questions City Council refuses to ask is relatively simple: bad leadership. When officers don’t feel supported and valued and they see the churn and burn at the top, why would they not assume that they are expendable to the organization at the first sign of trouble? Yes the organization must discipline and remove bad officers, but it must also show that it is stable and supportive of those doing their jobs correctly and to the best of their ability. “

NEED COMPETANT COMMANDERS

“APD must install commanders that are competent and assure them some stability to implement and oversee changes. The APD Chief should be appointed to 6, 8, or even a 10 year term to give the department the stability it needs and to attract top-tier candidates interested in leading the department for the long-run, not just padding their PERA with a few high paying years. Lower level commanders should also be afforded more job stability so that they can actually see-through reforms they implement. The APD budget must be scrutinized and funding for fancy gadgets and at-will positions must be trimmed back while emphasizing recruitment and retention of field officers and investigators.”

REFORM ORDINANCE

““The [Civilian Police Oversight Agency Board and Civilian Police Oversight Agency] CPOAB/CPOA Ordinance must be reformed to narrow the focus of the Board. The training requirements of the Board should be pared back, but front loaded. Before someone is allowed to vote on cases, they should be trained on the policies and processes that govern that review. The current training requirement of 6 months after appointment is akin to allowing an officer to join the force and begin patrolling the streets with a badge and a gun before being trained, we all think that would be crazy, but for CPOA Board Members that is exactly what we allow, if Board members ever complete their training in the first place. Board members should be compensated for their time with generous stipends tied to completing training and attending meetings. If this city wants a professional CPOAB, it should pay for it. Paying Board Members also helps to break down barriers to entry allowing a more diverse slate of membership. Board Members should be required to sponsor and attend community outreach events. Most importantly, the Board must be empowered to make binding decisions on policy and discipline. What is the point of Civilian Oversight if it is purely non-binding and advisory?”

TONE DOWN THE RHETORIC

“The last point I wish to make is that parties in this process need to step back and tone down the rhetoric. The process is so rife with finger pointing and backstabbing that I’m not sure any of the primary parties involved is actually interested in the stated goal of ensuring that Albuquerque has constitutional community policing. If the parties actually listened and tried to understand one-another it might become apparent that most of those involved want the same thing. It is possible that many individuals involved in the process have made mistakes and many parts of this process are flawed. No one group is solely responsible for failures, yet each group takes great pride in blaming others. If the real goal is to achieve constitutional community policing for Albuquerque, shouldn’t the process involve adopting the best ideas and practices regardless of who came up with them? The parties need to move on from failures with constructive solutions instead of getting bogged down in assigning blame and scapegoating. I hope this reform process is successful, it needs to be, for the sake of our officers and our community.”

“Thank you for taking the time to read this and I look forward to finding other ways to serve this city I love.”

Eric Oliva

CPOA EXECUTIVE DIRECTOR RESIGNS

It was on October 15 that CPOA Executive Director Ed Harness announced his resignation and left his job on November 15. In his resignation announcement, Harness gave a blistering condemnation of the board. Harness resigned because he had requested to be reappointed as executive director but instead the board opened the position to other applicants, a move he said was done without consulting stakeholders, the City Council, or the Department of Justice. In his resignation announcement to the board, Harness said:

“[What is] most shameful is the fact that you didn’t even have enough respect to speak with any member of the CPOA staff – the people that do all the work to support your efforts. … This decision has permanently damaged the relationship between the agency and the board. … [Under my leadership the CPOA] has been restored to its rightful place as a meaningful oversight body … and has been applauded by the Department of Justice and the independent monitor] … You will set back the organization and its ability to maintain compliance with the [court approved settlement agreement] … because being executive director of the CPOA is not a plug-and-play position.”

https://www.abqjournal.com/2438118/executive-director-of-police-oversight-agency-resigns.html

SUPERINTENDENT OF POLICE REFORM SYLVESTER STANLEY “RETIRES” AFTER 8 MONTHS

On December 1, a mere 8 months on the job, Superintendent of Police Reform Sylvester Stanley announced he was retiring effective December 31. Stanley was appointed to the two positions of Superintendent of Police Reform and Deputy Chief Administrative Officer in early March. He was tasked with handling discipline of APD sworn police officers, overseeing the APD academy and the Internal Affairs division and working with the Department of Justice on the reform effort.

When Stanley was appointed by Mayor Tim Keller he said they expected him to fill the position in an “interim basis” for 6 months or until the end of the year. The city has launched a national search for his replacement, saying it’s looking for “an experienced professional to lead this cutting edge position” and someone “who is dedicated to police reform.”

When Keller made the appoint in March, he had this to say:

“We developed this innovative position to bring about a new era for our police department. … Our Superintendent of Police Reform works hand and hand with our Chief so that each leader can focus on their core duties while supporting one another for the most benefit for the department and the community.”

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

COMMENTARY AND ANALYSIS

With the resignations of CPOA Board Chairman Eric Olivias, the resignations of CPOA board members Tara Jaramillo-Prewitt and Geonie Ralph, the resignation of CPOA Executive Director Ed Harness and the “retirement” of Superannuant of Police Reform Sylvester Stanly, it is painfully obvious that the CPOA has become as useless as tits on a boar hog.

FATE OF CIVILIAN POLICE OVERSIGHT AGENCY NEEDS TO BE DECIDED

Ever since its creation in 2014, the CPOA has struggled to exist and has been plagued with infighting and controversy within itself with many board members having their own personal agendas that conflict between civilians wanting true civilian oversight versus those who take the side of law enforcement.

The CPOA has also been resisted by both Mayor Berry and Keller in their own ways and the Albuquerque Police Department command staff and vilified by the police union. Simply put, the CPOA represents what all sworn police at all levels do not want or ever want which is civilian police oversight of police officers.

Given the serous allegations made in the resignation letter, it should be placed on the agenda for discussion at the December 16 hearing on the Federal Monitor’s 14th Report on APD’s Compliance Levels. What the Federal Court should consider is abolishing the agency or at least the board of all volunteer civilians as unworkable, too cumbersome and way too difficult work for an all volunteer civilian board.

SUPERINTENDENT OF POLICE REFORM

The appointment of a Superintendent of Police Reform when made by Keller in March was met with extreme skepticism by stakeholders involved with the DOJ reform process, especially when Keller labeled it an “innovative position.” There was absolutely nothing innovative about it. Many stakeholders involved with the DOJ reform process believed that the position was created to help Keller with his re election efforts and that it was created to deflect the incompetence of Mayor Keller and APD Chief Harold Medina by relieving Medina of duties he was responsible for when it comes Internal Affairs, police discipline and the DOJ police reforms.

The position was and still is a “scape goat” position created 9 months before the Mayor’s race and viewed as a political appointment to give Keller and Medina the ability to deflect their miserable failures implementing the DOJ reforms. It is a scapegoat position to allow Keller and Medina to have someone to blame and fire as APD upper command fail to implement the DOJ reforms. Ostensibly, Sylvester Stanley was smart enough to know what was going on and that is why he took the position on an “interim basis” and “retired” as soon as he could before he got fired by Mayor Keller. Confidential sources within APD command have said the only thing Sylvester Stanley accomplished in the 8 months he has been with the city is to draw a $150,000 salary with the intent to build his resume in order to run for Bernalillo County Sheriff once again next year. Confidential sources are saying Stanley is planning on announcing for Bernalillo County Sheriff around the second week of January.

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POSTSCRIPT

On November 14, 2014, the City of Albuquerque and the Department of Justice entered into a Court Approve Settlement (CASA) mandating 271 reforms of APD. The link to the CASA is here:

https://documents.cabq.gov/justice-department/settlement-agreement.pdf

The CASA mandates community engagement and oversight and mandates the creation of a Civilian Police Oversight Agency along with the creation and appointment of a 9 member, all volunteer, civilian oversight board. The major duties and responsibilities of the Civilian Police Oversight Agency in a nutshell are as follows:

(1) Community Outreach by employing or designating a full-time staff member within the Administrative Office dedicated to community outreach efforts.

(2) Promotion of Accountability and Impartiality. The CPOA shall promote a spirit of accountability and communication between the civilians and the Albuquerque Police Department while improving community relations and enhancing public confidence. The CPOA shall also promote a spirit of impartiality in its review of police conduct, and shall ensure that officer conduct is judged fairly and objectively.

(3) Investigations. The Administrative Office shall independently investigate all civilian complaints; shall audit and monitor all incidences of use of force by police and all matters under investigation by APD’s Internal Affairs (IA) or other APD personnel tasked with conducting administrative investigations related to a use of force incident; and shall prepare proposed findings and recommendations on all officer involved shootings and serious uses of force.

(4) Disciplinary Recommendations. The Board may recommend officer discipline based on any findings that result from review of internal affairs investigations of officer involved shootings and serious uses of force. The imposition of the recommended discipline is at the discretion of the Chief of Police. However, if the Chief of Police does not follow the disciplinary recommendation of the Board, the Chief of Police must give a detailed explanation of the reason as to why the recommended discipline was not imposed.

(5) CPOA Policy Recommendations. The CPOA shall engage in a long-term planning process through which it identifies major problems or trends, evaluates the efficacy of existing law enforcement practices in dealing with the same, analyzes and evaluates data (including APD raw data), innovative practices, national trends, and police best practices, and establishes a program of resulting policy suggestions, recommendations, and studies each year.

(6) Policy Recommendations Originating from the CPOA. The Board shall review and analyze policy suggestions, analysis, studies, and trend data collected or developed by the Administrative Office, and shall by majority vote recommend policies relating to training, programs and procedures or other matters relating to APD. Any such policy recommendations shall be supported by specific, written findings of the Board in support of the proposed policies. The Board’s policy recommendations shall be submitted to APD and to the City Council. The Board shall dedicate a majority (more than 50%) of its time to the functions described in this subsection.

(7) Reports to Mayor and Council. The CPOA shall submit a semi-annual written report to the Mayor and City Council.

The link to the ordinance creating the Police Oversight Agency, Sections 9-4-1-1 through 9-4-1-14 is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-10504