In business and financing, the term skin in the game is used to refer to owners or principals having a significant stake in an investment in a company or project, in which outside investors are solicited to invest. The word “skin” in the phrase is a figure of speech for the person or money as part of the deal, and “game” is the metaphor for actions and commitments made in a transaction. “Skin in the game” is important to investors because it shows those soliciting investments from outsiders share a stake in the success or failures of a project.

https://www.investopedia.com/terms/s/skininthegame.asp

BOND FUNDING FOR A NEW STADIUM WITH $9.5 MILLION ALREADY EARMARKED

On the November 2 ballot will be a bond initiative for voter approval if the city should issue up to $50 million in bonds to build a multiuse soccer stadium estimated to cost $65 million-$70 million. The bond package will generate the necessary financing to build the project and the city will pay back the debt with gross receipts tax revenues. The city will owe an estimated $3 million annually for a term of 25 years. The city’s goal is to use funding freed up by paying off old debt so the stadium bond will not raise taxes.

During the 2020 and 2021 legislative sessions, the New Mexico legislature earmarked $9 million for the project including $4 million from Governor Michelle Lujan Grisham during the 2021 legislative session. The cost of the $400,000 analysis was paid for by state money allocated in the 2020 session. Technically, such bonds do not require voter approval but Mayor Tim Keller has said he would not pursue the stadium if the bond fails. Between the bond issue, if approved, the state funding already committed, there should be enough to construct the stadium.

PROMOTER IN CHIEF

Mayor Tim Keller has been a major promoter of the soccer stadium so much so that on Saturday evening, July 24, Keller took part in pregame tailgate parties for a New Mexico United Soccer Team game and then took to the field of Isotopes Park during halftime. In a campaign style speech before a crowd of tailgate party goers, Keller stood with New Mexico United owner Peter Trevisani to deliver the news of the results of a feasibility analysis for the stadium. To the crowd of 10,000 fans, Keller said he was sending a resolution to City Council to place the proposal on the November 2 ballot for a new, publicly funded soccer stadium with New Mexico United, a privately owned team, as the primary tenant.

Keller boldly proclaimed:

“Tonight is a historic night for our city . … You might have seen we’ve been doing some homework on that question you’ve been asking me for the last two years – when are we getting a stadium? We are sending a resolution to the council on Monday to put a bond for a new stadium on the ballot this November.

You all have earned a stadium. … So, New Mexicans and Burqueños, this can be our choice in November. And I know with the [team booster’s] Curse’s help, and with City Council’s help, we’re going to build a new home for the United right here in the Duke City. … So we’re going to win tonight. And then that initiative is going to win in November. And then we’re going to keep on winning for New Mexico!”

The City Council voted to place the bond issue on the November 2 ballot.

“LETTER OF INTENT” ANALYZED

On September 23, a press conference was held by United New Mexico owner Peter Trevisani and the city Chief Operations Officer (COO) Lawrence Rael. The press conference was held at Isotopes Park, a city owned facility, that United New Mexico currently shares with the baseball team that leases the ball park. Rael and Trevisani announced that the City and United New Mexico negotiated and signed a 3 page “Letter of Intent to Lease”.

The “Letter of Intent” is not a formal lease agreement but it does provide an understanding of key terms and conditions that will be negotiated. The Letter of Intent represents the binding intention of the City and United New Mexico to “participate in the development, construction and management of a multi-purpose facility … subject to the delivery of the Lease and Development Agreement evidencing these terms to be delivered to the City Council for its approval.”

According to the 3 page “Letter of Intent to Lease”, the City and United New Mexico have reached an understanding on the following major terms and conditions:

1. Subject to approval by voters of the bond issue, the City and United New Mexico Soccer Team agree to develop a new “first class, multi-purpose facility”, which shall be primarily configured as a soccer stadium.

EDITOR’S ANALYSIS : The term “fist class” is reminiscent of former Mayor Richard Berry calling his ART Bus project a “world class project” when ART is a cheesy 9-mile bus route that has destroyed historic Route 66 central. The term “first class” should be deleted and replaced with the word “functional”. What one person considers first class is usually considered piece of junk as is the ART bus project.

2. The United New Mexico Soccer Team will make a $10,000,000 capital contribution to the construction of the new soccer stadium and the contribution will be made prior to awarding the construction contract by the City of Albuquerque.

EDITOR’S ANALYSIS: As currently proposed, the new stadium will have the largest public subsidy for a United Soccer League stadium in the country. The Keller Administration, city councilors supporting it and the team argue it will serve as a catalyst toward other events, projects and developments well beyond soccer. The Greater Albuquerque Chamber of Commerce and the Hispano Chamber of Commerce have endorsed the bond measure for a new stadium. Both chambers have said their belief is that a new stadium in the Downtown area would serve as an economic booster shot. This term should be clarified that the $10 million capital contribution is a non-refundable for any reason, such as the case with “earnest money” down payments on real estate. Another option and as further evidence of their long-term commitment is for United New Mexico to increase the $10 Million construction contribution.

3. The City will own the soccer stadium and the United New Mexico Soccer Team will be the primary tenant and operator for the multipurpose facility.

EDITOR’S ANALYSIS: Absolutely under no circumstance should this term every be changed to allow that the stadium be owned by United New Mexico.

4. The term of the lease between the City and the United New Mexico Soccer team will be 25 years or the length of the bond, whichever is longer.

EDITOR’S ANALYSIS: An option to renew between the parties after the 25 years should be added.

5. A final lease agreement between the city and United New Mexico will be subject to approval of the Albuquerque City Council.

EDITOR’S ANALYSIS: This term is mandatory by city ordinance for any contracts over $50,000.

6. The soccer stadium will be the home venue for the United New Mexico Soccer Team.

7. A portion of the financing, expansion, or construction of the facility at a location to “be a mutually determined site” will be paid from various revenues of the lease “between the City and the tenant United New Mexico Soccer team structured such that lease payments produce “$800,000 per year as the base rent, including any applicable taxes.”

8. United New Mexico Soccer Team agrees to provide funds and services as required by a community benefits agreement between the City, the Team, and the locally impacted neighborhoods.

9. The United New Mexico Soccer team will subject to the terms and conditions of a negotiated “Development Agreement”, market, control, “and be entitled to receive and retain all revenues, net of taxes, relating to the operations of the United New Mexico Soccer Team, the Facility and the site. This will include, but not be limited to, revenues generated from naming rights, sponsorship, advertising, including both in-stadium and exterior signage, premium seating, merchandise, team events, other events, and ancillary revenues, including parking, except for certain City events.

EDITOR’S ANALYSIS: Giving the team naming rights to the facility is a major concession made by the city. Such naming rights could generate millions in revenue over the years. A good example that naming rights can generate significant income is when the UNM Pit was named “The Dream Style Arena” when a 10-year, $10 million naming rights agreement with Albuquerque’s Dreamstyle Remodeling was negotiated for both the University of New Mexico’s “The Pit” basketball arena and the football stadium across the street. After 3 years, the deal was terminated for none payment. At a minimum, the city should demand the right to final approval of the naming rights or a percentage share of the revenue.

10. The “Lease and Development Agreement” will guarantee a minimum annual payment of $100,000 to the city.

11. The United New Mexico Soccer Team agrees to provide funds and services through a community benefits agreement between the City, the United New Mexico Soccer Team, and the locally impacted neighborhood(s).

12. The United New Mexico Soccer Team shall endeavor to utilize local and /or New Mexico food and beverage vendors for stadium concessions.

EDITOR’S ANALYSIS: Utilization of local food and vendor for the stadium concessions should be mandatory and not an “endeavor”.

13. The United New Mexico Soccer Team shall provide all necessary liability insurance for the facility upon the United New Mexico Soccer Team occupancy.

EDITOR’S ANALYSIS: This term is highly critical to city taxpayers in that the city is a “self-insured” entity and any judgments against the city for damages would be paid out of the city general fund. This term essentially will provide the city with a degree of protection from negligence and injuries that may occur at the facility. The liability insurance needs to be high enough to deal with any major lawsuit amounts and mandate subrogation for any damages in the event that the city is a named party to a lawsuit.

14. The United New Mexico Soccer Team will obtain business interruption insurance to support the team’s annual obligation to make the Base Rent payments to the City.

EDITORS ANALYSIS: This term is likely related to what happened during the pandemic with the suspension and cancellation of events at publicly owned facilities.

15. The United New Mexico Soccer Team shall indemnify the City with regard to the day-to-day operations of the facility in the eventual Lease and Development Agreement.

16. The team’s first rent payment of Eight Hundred Thousand Dollars $800,000 shall become due upon occupying of the completed Facility. Every rent payment thereafter shall be due annually on January.

EDITOR’S ANALYSIS: Ultimately, the agreement is to pay $22.5 million in rent over 25 years after the stadium is built. Ostensibly this term will be clarified as to rent being paid up front for the following one-year use or after occupancy use. One option would be “quarterly” upfront payments as opposed to a “single lump sum payment of $800,000.

17. The City shall be allowed 15 days annually of exclusive use of the facility for appropriate City and/or Community events.

EDITOR’S ANALYSIS: At first blush, 15 days of exclusive use by the city is probably too little. The 15 days should be the minimum number of days and maximum available days be open ended with the parties required to work in good faith as to the days available to allow the city the maximum amount of time for the facilities use for public events.

18. The parties shall agree to a stand-alone non-relocation agreement that shall guarantee that the United New Mexico Soccer shall play its home games at the facility and prohibit the team from initiating a permanent relocation of the team during the term of the Lease and Development Agreement. The remedies to enforce this term will include “specific performance, injunctive relieve and liquidated damages.”

EDITOR’S ANALYSIS: From a legal standpoint, this term is particularly important in that the lease will be for 25 year’s. If the team has “buyer’s remorse” within a few years, and wants to relocate to another community, the team should pay the city liquidated damages in the form of the remaining years of rent and include attorneys’ fees and costs.

19. The City and United New Mexico Soccer Team will endeavor to minimize the impact on neighboring communities during construction of the Project.

EDITOR’S ANALYSIS: This is clearly one of the most critical terms of any final agreement. Emphasis should include preserving the historical significance of the neighborhood area within the final design, especially if the soccer stadium is located in the Barela’s neighborhood area.

20. The soccer will use its best efforts to bring a women’s soccer team to Albuquerque within 3 years of completion of the Project to play in the Facility.

EDITOR’S ANALYSIS: The best-efforts United New Mexico Soccer Team should be outlined as to what specific efforts will be made to attract a women’s soccer team and include the city assisting in the recruitment. The final selection of a woman’s soccer team should require the city’s approval and clarification of sublease agreement and payment of rent for the woman’s team use of the stadium.

21. Standards, requirements, and timing related to financing, design, development, and construction of the Facility will be established in the Lease and Development Agree.

22. Each party will be responsible for payment of the fees and expenses of their own counsel and other consultants.

23. All terms and conditions of the agreements, inclusive of guaranty and non-relocation terms, shall be binding on any successor to the Team.

24. The parties may terminate this “Letter of Intent To Lease” and Development Agreement, if applicable by notice to the other party after any of the following:

A. Failure of the voters to approve the City’s bond issue.
B. Failure to reach agreement on the design and funding of the costs of the Project.
C. Failure to reach agreement on the Lease and Development Agreement.

25. The United New Mexico Soccer Team shall be responsible for any and all costs incurred by the City for municipal services , including police, fire, etc. provided for all Facility events.

The city link to the Letter of Intent to Lease is here:

https://www.cabq.gov/mayor/documents/letter-of-intent.pdf

Links to other source materials quoted are here:

https://www.krqe.com/sports/local-sports/city-announces-lease-agreement-on-potential-stadium-with-new-mexico-united/

https://www.abqjournal.com/2434757/city-nm-united-chart-anomalous-partnership.html

https://www.bizjournals.com/albuquerque/news/2021/09/23/city-enters-into-loi-with-nm-united-for-stadium.html

BREACH OF CONTRACT TERMS

During the press conference, Rael said the final negotiated 25-year lease agreement will have terms and conditions, which will likely include penalties, as to what happens if there is a breach of contract. Rael added that he is confident the city will be protected in part because the ownership is local and said:

“I know where these guys live. You all know. They are New Mexicans, and I think that’s really super important. … We have New Mexicans investing in New Mexico.”

The soccer stadium lease agreement will likely be very similar to the terms and conditions of the lease agreement the City has with Istopes Baseball Park which the city owns and which has been very successful for decades.

During the press conference, COO Lawrence Rael had this to say:

“Our goal here is to make this a good deal for the voters, a good deal for the city of Albuquerque. … This information [on terms and conditions] that we’re presenting today really … in my opinion begins to put some structure and some commitment into the project.”

United owner Peter Trevisani for his part had this to say:

“This is an aspirational project that really can change so many things. … We believe that our city is better when it’s united, and coming together in this facility is a major step in ensuring that New Mexico United and so many other things yet to come are going to be here in the future. … This is a commitment that we’re here for the long haul. And, and I think most importantly, it’s a commitment that we believe in New Mexico. We believe deeply in our state, we believe deeply in our city, we’re willing to put not just our capital, but all of our resources behind it.”

The link to quoted source material is here:

https://www.abqjournal.com/2432115/united-outlines-planned-stadium-investment.html

FOUR PROPOSED LOCATIONS IDENTIFIED

The biggest question surrounding the project is the location. City officials have already said that location will be decided if the bond passes.

On Friday, July 24, the long-awaited report from the consultant hired to evaluate the feasibility and economic impact of a multipurpose facility that can be used for sporting events, including the New Mexico United professional soccer team, was finally released by the City. The study was originally supposed to be released in June.

The link to the entire 356-page feasibility study is here:

https://documents.cabq.gov/municipal-development/Albuquerque%20Multi-Purpose%20Stadium%20Study%20Volume%20II%20of%20II%20(07-23-21).pdf

The New Mexico United soccer team currently shares the city-owned Isotopes Park with the stadium’s primary tenant, the Triple-A Albuquerque Isotopes baseball team. New Mexico United has become highly successful often attracting 10,000 to 15,000 fans to it games. One major caveat is that the team is in need of a permanent location to continue in the league and it cannot own the stadium.

Denver-based CAA ICON, the company that performed the study, recommended a 10,000 to 12,000 seat venue, estimating the project would cost about $65 million to $70 million based on the preferred sites. Two of the preferred sites currently incorporate some privately owned land, and the consultant’s estimates did not include property acquisition costs. The projected price tag also did not include parking beyond spaces needed for staff. The firm looked specifically at four sites that would accommodate a 10,000 to 12,000 seat multipurpose facility:

1. The area near 12th Street and Interstate 40
2. The Coal and Broadway Street area
3. The Second Street and Iron Street area
4. The Railyards

Editor’s Note: It is likely that the Railyards’ Master Development Plan prevents the Railyards from having a soccer stadium located on the site.

https://www.petedinelli.com/2021/06/23/building-a-soccer-stadium-at-abq-rail-yards-likely-violates-railyards-master-development-plan-and-site-development-guiding-principles/

TWO PREFERRED SITES

CAA ICON identified the Coal and Broadway Street area and the Second Street and Iron Street area as the two top “preferred sites”. The estimated cost would between $65 million and $70 million just for construction and not land acquisition.

The financial evaluation and feasibility study considered several factors including land size availability, zoning, ownership and parking. The city owns parts of each preferred site but the acreage needed at each location is mostly privately owned.

According to the report that includes a projected financial earning analysis, the stadium could generate new net direct spending of $10.3 million a year. The financial projection does not include indirect spending or economic activity related to construction.

CAA ICON reported that New Mexico United would be the venue’s primary tenant with a 24-event annual game calendar dominated by the soccer club, including 16 regular-season and two preseason games. CAA ICON interviewed potential stadium users, which included local event promoters, and reported that top acts usually bypass Albuquerque or have a better alternative.

Other likely events include high school sporting events and concerts with estimated attendance of 5,500. The study noted that the stadium would probably not be a popular destination for musical performers. The CAA ICON financial analysis makes no recommendation as to how the city can pay for the stadium. The city does have $7.5 million New Mexico legislative appropriations for the project.

In releasing the study, city officials cautioned that decision has been made as to final location and a larger public dialogue must now occur.
Albuquerque Chief Operating Officer Lawrence Rael had this to say:
“This study is a key part of our due diligence as we explore the possibility of a multi-use facility. … We’re glad to have the results of the study so we can discuss the findings with the community, make proper considerations, and initiate next steps.”

NO OWNERSHIP INTEREST ALLOWED

Peter Trevisani, New Mexico United’s president and owner, addressed the issue of who will own the stadium and the 4 proposed locations. He called the two preferred locations “phenomenal sites” as the club has always desired a Downtown home. Trevisani had this to say:

“The issue [with ownership] … is we’re not allowed to own any of the stadium – we’re just a tenant. The stadium would need to be owned by the city and since we can’t own the stadium, we’re not really in a position to buy a percentage of it like you might buy a percentage of a company. … The city is hurting, and this is the kind of project along with things like rail trail and ‘First Friday’ art walks … that add up to a major change.”

“I think it is phenomenal. … Having it be a pillar of the revitalization of downtown Albuquerque, showing the vitality of New Mexico is exactly what we should be doing, and [downtown] feels like a great spot to me . … This is a great step. It is an important step. There is a lot of work to do.”

“Right now [we are] just making sure we are in touch with those [four] communities [where the stadium is proposed to be built] because it will impact people’s lives. I think in a positive, but for some maybe not so much if you have a house right there. … So we have to talk to everybody and do the best we can to not do any harm.”

Links to quoted source material are here:

https://www.abqjournal.com/2412566/consultant-identifies-preferred-sites-for-abq-soccer-stadium.html

https://www.krqe.com/news/albuquerque-metro/feasibility-study-released-on-potential-sites-for-new-mexico-united-stadium/

https://www.kob.com/albuquerque-news/new-mexico-uniteds-proposed-stadium-raises-concerns-from-community-members/6183198/?cat=500

MEASURED FINANCE COMMITTEE FORMED

On September 14, the measured finance committee (MFC) “New Mexico United For All” filed its MFC Registration with the Albuquerque City Clerk. The purpose of the MFC is to “support bond issue” to raise donations to promote the $50 Million bond issue for the multipurpose sports stadium with the New Mexico United Professional Soccer team to be the primary tenant of the city owned facility.

On September 30, New Mexico United contributed $10,000 and on August 31 contributed $25,000 to the “New Mexico United For All” measured finance committee. On September 6, United New Mexico also made a $6,000 “inkind” contribution for “communication, accounting, media and outreach services” to the “New Mexico United For All” measured finance committee.

The link to the 6th Financial Statement filed on September 13 is here:

https://campaignfinance.cabq.gov/PublicSite/Reports/FetchReportToPDF.aspx

AD BLITZ PROMOTING STADIUM

To date, no financial disclosure statements have been filed. However, the MFC has produced, paid for and is airing a TV commercial encouraging the public to vote for the bond issue. The link to the TV commercial is here:

https://www.youtube.com/watch?v=mPCzidKcKFc

The TV ads began on airing on September 29. In the ads, the new soccer stadium is being promoted as the “people’s stadium.” The ads promoting promise to create upwards of 700 construction jobs, while inviting other tenants in the city-owned stadium, subsidized with what would be a $30 million contribution from the soccer club for rent paid.
When asked where he thinks people stand on the vote, New Mexico United Owner Peter Trevisani he had this to say: .

“We’re the underdog. … We’re always going to be the underdog, but it’s the right thing to do and if enough people come out and say, ‘yes,’ it’s going to pass. … The stadium doesn’t raise taxes, it creates 780 jobs, and it’s owned 100% by the city. It’s not a stadium for the United, it’s a stadium for the people.”

The link to the quoted source material is here:

https://www.krqe.com/news/politics-government/ad-blitz-promotes-bond-for-new-mexico-united-stadium/

https://www.koat.com/article/new-commercial-out-urging-voters-to-say-yes-to-new-stadium/37795243

COMMENTARY AND ANALYSIS

By all accounts, the New Mexico United has “skin in the game” when it comes to the City of Albuquerque investing $50 million in building an outdoor sports complex. The $10 million contribution by United New Mexico and the lease is enough for the public to seriously consider it. The public should support it and vote for the bonds.

Now the hard part begins which is getting public support for a worthwhile project that will be a major step in revitalizing downtown, if that is where it goes. For the last 50 years, City Hall and virtually all Albuquerque Mayors have been fascinated and enamored with trying to revitalize the Downtown Central area. All Mayors wanted to bring back Downtown Central of its heyday of the 1950’s and 1960’s where it was the center of commercial, business and retail and entertainment activity.

https://www.petedinelli.com/2018/09/04/downtown-revitalization-deja-vu-all-over-again/

SHORTSIGHTED OPPOSTION EMERGES

Opposition is emerging to the stadium with people arguing that the millions to pay off the bond could instead be used to combat homelessness or crime and that the city has so many other pressing issues that come before a stadium. For decades, such arguments have been made to stop major quality of life facilities and projects. The best example is when voters said no to a performing art center in the late 1980’s.

The city is already spending as much as $25 to $30 million a year to help the homeless with services, voucher programs, and grants to service providers to the homeless. The city has purchased the old Loveless Hospital on Gibson for $15 Million for the new Gateway homeless shelter. Then there is the $5 Million “Tiny Homes Project” that provides transitional living space for the homeless. Further, the county enacted the behavioral health tax that raises $20 Million a year for mental health care facilities and programs that also help the homeless.

As far as crime and police are concerned, the Albuquerque Police Department is the largest city budget having a $227 Million dollar a year budget. APD’s budget continues to increase year after year. Its not an issue of not having the resources to fight crime, but an issue of a poorly managed police department with at least 150 vacancies in sworn police.

“QUALITY OF LIFE” TAX FACILITIES RECALLED

In 1987 the Albuquerque City Council engaged in a process of public hearings to determine and identify what type of facilities and projects were needed for a thriving city that would enhance our quality of life and make Albuquerque an attractive City to raise a family. By a unanimous, bipartisan vote, the Albuquerque City Council enacted the “Quality of Life” 10 year tax legislation that resulted in the construction of the Albuquerque Aquarium, the Albuquerque Children’s Science Museum, the Botanical Gardens and the Balloon Museum. The “Quality of Life” legislation also funded the acquisition of critical open space with open land acquisitions completing the final phase of what forms the backbone of our “urban parks”. City Councilor Pete Dinelli was the main sponsor of 2 of the 3 resolutions combined that became the “Quality Life Tax” that had a 10-year sunset clause and the facilities were built.

During the 2015 municipal election, Albuquerque voters wisely approved with an overwhelming majority the voter petition drive initiative to increase the gross receipts tax for the BioPark. The gross receipts tax initiative for the BioPark was needed because some $20 million dollars plus in repairs and maintenance to the facilities are needed and major repairs were ignored for eight years. There are $40 million dollars in upgrades and exhibits needed to the BioPark facilities and without making those repairs, the city risks losing many national certifications. The tax will raise $255 million dollars over 15 years for the BioPark.

BUILD MULTIPURPOSE ENCLOSED ARENA

Since the very beginning, New Mexico United has had plans for a new soccer stadium and have always looked at downtown. The team envisions a 10,000 to 15,000 seat stadium, costing between $50 million to $100 million. The fact that it is going to be a city owned facility Mayor Keller and the City Council need to concentrate on a development that will truly be in the best interest of not only United New Mexico fans but also the city as a whole.

When you examine the 4 facility renderings in all 4 locations, one major finding of the study is it will be an exclusive “outdoor soccer sports facility” . New Mexico United would be the venue’s primary tenant with a 24-event annual game calendar dominated by the soccer club, including 16 regular-season and two preseason games.

CAA ICON interviewed potential stadium users, which included local event promoters, and reported that top acts usually bypass Albuquerque or have a better alternative. The State owned Tingley Coliseum has long been viewed as a substandard aging facility suited for rodeos and “monster truck” events and no longer able to attract major entertainment events.

The fact Keller is seeking a second term and will be on the same ballot as the funding for the stadium cannot be overlooked. It’s very unfortunate that Mayor Tim Keller went out of his way to “grandstand” the way he did and tell the New Mexico United fans “You all have earned a stadium”.

The only ones that have “earned” anything and will wind up paying for a publicly financed stadium is the general voting public deserving of a “multipurpose venue” that many more can enjoy with far more events than just soccer games. Ever since the round domed Albuquerque Civic Auditorium was demolished in the 1970’s, Albuquerque has had to rely on UNM facilities, such as the PIT or even Popejoy Hall for live entertainment venues. Albuquerque is one of the very few citys its size, if not the only city, that does not have a municipal owned event center of 10,000 or more.

CONCLUSION

“Quality of Life” projects such as the Albuquerque Museum, the Balloon Museum, the Children’s Science Museum, The Botanic Gardens, The Aquarium and even Isotopes Park would never have been built if it was required they could not be built until after we solve our social issues. That will never happen.

Albuquerque cannot be just a cop on every corner, a fire truck on every street, a jail or homeless shelter in every city quadrant, a garbage dumpster at every turn, streets without potholes and buses like ART that no one uses. Any truly great city must include facilities that enhance the quality of life of its citizens, such as libraries, zoos, museums, aquariums, the ABQ Biopark and athletic facilities like Isotopes Park and yes a soccer stadium.

The new multipurpose stadium is one major project that has the most potential to finally change and encourage development of the downtown area. City and State elected officials have any number of ways to fund the project including capital improvement allocations, general obligation bonds, industrial revenue bonds. Mayor Keller, the City Council, Governor Michelle Lujan Grisham and New Mexico legislators need to do whatever they can to promote the project. A big mistake would be to try to do the project on the cheap to benefit only a select sports fan base when so much more could be accomplished.

VOTE YES NOVEMBER 2 FOR SOCCER STADIUM BOND ISSUE

The election for Albuquerque Mayor is on November 2. The Albuquerque Journal has now published its front-page customary Mayor candidate profiles and candidate “Question and Answer” articles on all 3 candidates. On Tuesday, September 28, it published the profile of Republican Eddy Aragon, on Wednesday, September 29, it published the profile of Democrat Sheriff Manny Gonzales and on Thursday, September 30 it published the profile of Democrat Incumbent Mayor Tim Keller.

Below are the links to the Albuquerque Journal’s profiles and “Question and Answer” articles in the order which they were published.

EDDY ARAGON

Conservative radio show host takes on Dems

https://www.abqjournal.com/2433188/radio-show-host-wants-to-be-city-manager.html

“Q&A mayoral candidate Edward Joseph Aragon Jr.”

https://www.abqjournal.com/2433178/qa-mayoral-candidate-edward-joseph-aragon-jr.html

SHERIFF MANNY GONZALES

Gonzales vows to run Albuquerque in bipartisan fashion

https://www.abqjournal.com/2433475/gonzales-seeking-to-run-albuquerque-in-bipartisan-fashion.html

Q&A mayoral candidate Manuel Gonzales III

https://www.abqjournal.com/2433186/qa-mayoral-candidate-manuel-gonzales-iii.html

MAYOR TIM KELLER

‘I’ve learned’: Keller touts real-world experience

https://www.abqjournal.com/2433925/keller-highlighting-experience-as-he-seeks-second-term.html

Q&A mayoral candidate Tim Keller

https://www.abqjournal.com/2433190/qa-mayoral-candidate-tim-keller-2.html

COMMENTARY AND ANALYSIS

All 3 of the Journal profile articles were very positive as to each candidate without getting too aggressive. The articles avoided confrontation and declined to address too few controversial issues allowing the candidates to place their own positive spin on their backgrounds. The “Question and Answer” articles were far more informative and showed a clear difference in the approaches each candidate will take once elected.

You can be expected that on Sunday, October 3 or Sunday, October 10, the Albuquerque Journal will publish its endorsement of one of the 3. The Journal tends to endorse incumbents and city hall observers believe the Journal will endorse Mayor Tim Keller for a second term concluding that now is not the time to change leadership at city hall.

THOSE DAMN POLLS

Complicating things for Sheriff Manny Gonzales and Eddy Aragon is that confidential sources are saying that a poll is circulating showing Tim Keller with 57.3 % support, Manny Gonzales at 23.2% and Eddy Aragon at 16.1% and 3.4% undecided. There are no details provided as to how many were polled, when the poll was taken, how it was taken nor the margin of error.

Notwithstanding, on September 12, 2020, the Albuquerque Journal published a poll it commissioned that showed nearly three years into his first term as Albuquerque’s Mayor, Tim Keller had nearly the same high level of support that he had less than 1 year after he took office. Among likely city voters, 60% approve of Keller’s performance, 22% disapproved of his performance and 19% had mixed feeling or did not know. That is close to the results of a 2018 Journal Poll that found Keller had a 61% approval rating after his first nine months in office, when many officeholders still experience “honeymoon” ratings. A link to the Journal article is here:

https://www.abqjournal.com/1495901/mayor-keller-maintains-his-high-approval-rating.html

A word of caution is in order as to polling. Four weeks in a political campaign with a low voter turnout, which is expected, is an eternity in politics and anything can happen. Keller is sitting on $524,709 in funding and will be unleashing a relentless media ad campaign spending the lion’s share of that in 4 weeks. Unless Gonzales and Aragon can raise upwards of $300,000 each for a reasonable TV buy, it’s likely the Tim Keller will be elected to a second 4-year term on November 2, unless there is an October surprise that changes the outcome of the election and forces a runoff.

CONCLUSION

The election is Tuesday November 2. Please vote.

Links to published blog article profiles when the candidates announced are here:

Der Führer Trump Radio Shock Jock Eddy Aragon Formally Declares Running For Mayor; Let’s jail grandma to reduce the homeless! And Other Crazy; A Choice Between The Lesser Of 2 Evils And 1 Crazy Trumpster Is No Choice At All

Der Führer Trump’s Favorite Democrat Sherriff Manny Gonzales Runs For Mayor; A DINO And Law Enforcement Dinosaur

Mayor Tim Keller’s Promises Made, Promises Broken As He Seeks Second Term; Voters Will Decide If Keller “Has Done A Good Job”

The City of Albuquerque municipal election is scheduled for Tuesday, November 2. On the ballot will be the office for Mayor, the 5 odd numbered City Council Districts 1,3,5,7, and 9 seats and a voter bond approval request for $50 million dollars to build a soccer stadium.

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee (MFC) is a political action committee (PAC), person or group that supports or opposes a candidate or ballot measure within the City of Albuquerque. Measure Finance Committees are required to register with the City Clerk within five (5) days once they have raised or spent more than $250 towards their purpose.

Measure finance committees are not bound by the individual contribution limits and business bans like candidates. No MFC is supposed to coordinate their activities with the individual candidates they support running for office, but this is a very gray area as to what constitutes coordination of activities and it is difficult to enforce.

According to City Clerk records, 12 measured finance committees have been formed for the 2021 municipal election. Those MFCs are as follows:

“Save Our City” organized to raise money and to promote Sherriff Manny Gonzales
“Retired Law Enforcement for a Better Albuquerque”
“Build Back ‘Burque” is raising money to promote and spend money on behalf of Mayor Tim Keller.
“Abq Firepac” promoting the local fire fighter union interests.
“Albuquerque Ahead” to promote Republican party City Council Candidates
“No Corporate Council” to promote progressive Democrat party City Council Candidates.
“ABQ Workers First” to promote organized labor interests and candidates.
“New Mexico United For All” to promote the $50 million soccer stadium bond issue.
A MFC formed by the New Mexico American Civil Liberties Union.
A MFC formed by “Planned Parenthood” of New Mexico.
A MFC formed by a progressive neighborhood group called “Indivisible Nob Hill”.
A MFC called “Healthy Economies Lead to Progress” with the stated purpose as “Independent Expenditure”.

This blog article reports on the funds raised by the MFC’s, an analysis of their purpose and intent as well as the fundraising of the 3 candidates for Mayor.

SIXTH CAMPAIGN FINANCE REPORTS FILED

On September 13, the MFCs filed their 6th Financial Fundraising reports covering the reporting period of August 3 to September 6 reporting what they have raised, listing donors and expenditures. Following is a breakdown and editor’s analysis of the reports filed.

1. ABQ FIREPAC

PURPOSE: Support candidates who support public safety & fire fighter issues.

CASH BALANCE FROM LAST REPORT: $150.00
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $1,000
TOTAL EXPENDITURES THIS REPORTING PERIOD $350.00
CLOSING BALANCE THIS REPORTING PERIOD: $800.00

MAJOR DONORS: ABQ Area PAC Local $1,000.00
MAJOR EXPENDITURE: $350 paid to “Just Yard Signs”

Editor’s Analysis: This is the local firefighters MFC. In the past, the firefighter’s union has expended significant amounts of money supporting Mayor and City Council candidates and have been very involved with the campaigns providing volunteers and spending thousands on TV commercials produced on their own. It appears the local firefighter’s union has significantly pared down their involvement in this year’s Mayor and City Council races.

2. ABQ WORKERS FIRST

PURPOSE: To advocate for or against candidates running for mayor and city council.

CASH BALANCE FROM LAST REPORT: -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $30,000
TOTAL EXPENDITURES THIS REPORTING PERIOD: -$0-
CLOSING BALANCE THIS REPORTING PERIOD: $30,000

MAJOR DONOR: New Mexico Federation of Labor ( Total Donation: $30,000 )

Editor’s Analysis: It is clear from the one donation of $30,000 from the New Mexico Federation of Labor, AFL CIO or organized labor in the city has decided to go it alone with raising and spending donations. The New Mexico Federation of Labor in the past has made donations to other measured finance committees or individual candidate campaigns. It is also clear that ABQ WORKERS FIRST fundraising is to defeat Gonzales and Albuquerque City Council candidates Dan Lewis, Renee Grout and Louie Sanchez.

3. ALBUQUERQUE AHEAD (City Council MFC)

PURPOSE: To support those candidates for city council who will move Albuquerque ahead and oppose those who will not.

CASH BALANCE FROM LAST REPORT: $17,853.42
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $3,950.00
TOTAL EXPENDITURES THIS REPORTING PERIOD: $7,579.45
CLOSING BALANCE THIS REPORTING PERIOD: $14,223.97

Editors Analysis: When you examine the campaign finance reports filed by Albuquerque Ahead, it is easy to figure out that it is a measured finance committee established by the Bernalillo County Republican Party to promote 2 Republican candidates for City Council. The 5th finance report filed by Albuquerque Ahead reflects that on July 7, 2021, the Bernalillo County Republican Party donated $9,000 to this MFC. The two Republican candidates being supported are former Republican City Councilor Dan Lewis who is running in District 5 against incumbent Democrat Cynthia Borrego. Republican Renee Grout is running for the City Council District 9 seat being vacated by long time serving, unknown, ineffective and unaccomplished Republican Don Harris. The one major expenditure of $5,184.00 is to Majority Strategies, a Republican leaning political consulting firm.

4. AMERICAN CIVIL LIBERTIES UNION, INC NEW MEXICO VOTES

The ACLU has filed no finance reports and ostensibly has had no contributions.

PURPOSE: To educate New Mexico voters about the upcoming Albuquerque mayoral race and the various civil liberties issues at stake.

Editors Analysis: This MFC is somewhat of a head scratcher, until you realize Sheriff Manny Gonzales is running for Mayor. Normally, you do not see the American Civil Liberties union get involved in local elections but it’s likely they have done so this election year because Sheriff Manny Gonzales is running. During the past few years, the ACLU has initiated at least 3 lawsuits against the Bernalillo County Sheriff’s Office for excessive use of force and racial profiling regarding African Americans. The fact no finance reports have been filed as yet likely signals that they view Manny Gonzales no longer a threat to incumbent Democrat and Progressive Mayor Tim Keller.

5. BUILD BACK ‘BURQUE

PURPOSE: Support Mayor Tim Keller’s re-election to a second term for the City of Albuquerque

CASH BALANCE FROM LAST REPORT: $25,826.44
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $42,408.00
TOTAL EXPENDITURES THIS REPORTING PERIOD: $16, 464.00
CLOSING BALANCE THIS REPORTING PERIOD: $51,770. 44

Editors Analysis: The Chairperson for “Build Back ‘Burque” is Michelle Mayorga. According to the American Association of Political Consultants “Michelle Mayorga has spent nearly 2 decades working on campaigns, progressive issues, and in local and national administrations. She previously served as Western Field Director at the AFL-CIO, Western Political Director at the DCCC, and Coordinated Director for the Democratic Party of New Mexico in 2012.” The Treasurer for “Build Back ‘Burque” is Robert Lara. Mr. Lara is a licensed New Mexico attorney and is the former State Treasurer of the Democratic Party of New Mexico.

The largest donors to the Keller MFC “Build Back ‘Burque” include Ace Metals and Kimberly Rael, the wife of current City Chief Operating Officer (COO) Lawrence Rael, who each gave $5,000. The PAC spent the most money this period on campaign consulting from Maryland-based New Blue Interactive.

6. HEALTHY ECONOMIES LEAD TO PROGRESS

PURPOSE: Independent Expenditure

CASH BALANCE FROM LAST REPORT: -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: -$0-
TOTAL EXPENDITURES THIS REPORTING PERIOD: -$0-
CLOSING BALANCE THIS REPORTING PERIOD: -$0-

Editor’s Analysis: This MFC is another head scratcher and there is insufficient information to indicate what its purpose is. The Chairperson is identified as SIMON (SCOOTER) T. HAYNES and the Treasurer is identified as JULIA L MACCINI. Both Simon T. “Scooter” Haynes and Julia Maccini are conservative Republicans who ran and lost in June, 2021 for the Board of the Middle Rio Grande Conservancy District (MRGCD). Haynes is a developer who owns a real estate and construction business based in Albuquerque. Julia L Maccini is believed to be an attorney and believed to be the Development Coordinator at SCM Partners, LLC a limited liability corporation. Simon T. “Scooter” Haynes lost to incumbent Joaquin Baca in the Middle Rio Grande Conservancy District (MRGCD) board race. Baca’s campaign manager was Neri Holguin, the campaign manager for Mayor Tim Keller.

Links to source material are here:

https://abq.news/2021/06/mrgcd-candidate-gets-only-26-of-vote-immediately-claims-fraud/

https://www.linkedin.com/in/maccinij

7. INDIVISIBLE NOB HILL

PURPOSE: Support and or oppose city council, school board and mayoral candidates

CASH BALANCE FROM LAST REPORT -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: -$0-
TOTAL EXPENDITURES THIS REPORTING PERIOD: – $0-
CLOSING BALANCE THIS REPORTING PERIOD: -$0-

There have been no major donors nor expenditures.

Editor’s Analysis: The Indivisible Nob Hill is a very well organized and respected progressive organization that has emerged over the last few years as being very much involved with local community issues. It has a well-read FACEBOOK page “Indivisible Nob Hill – Rants and Discussion Forum” that recently has begun posting “Crooks for Manny” along with photographs of well know mobsters, such as Al Capone, John Gotti, mafia hitman Whitey Bulgar and Carlo Gambino to mention a few. The phrase “I’m a crook, and I’m for Manny!” is next to the gangster photos along with a photo of Sherriff Manny Gonzales. Nasty but effective.

8. NEW MEXICO UNITED FOR ALL

PURPOSE: Support bond issue

Designated Chairperson: David M Carl
Designated Treasurer: Desiree Kim

CASH BALANCE FROM LAST REPORT: -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $35,000
TOTAL EXPENDITURES THIS REPORTING PERIOD:
CLOSING BALANCE THIS REPORTING PERIOD: $35,000

MAJOR DONOR: New Mexico United Total Donation $35,000

Editor’s Analysis: This measured finance committee has been formed to raise donations to promote the $50 Million bond issue for a multipurpose sports stadium with the New Mexico United Professional Soccer team to be the primary tenant of the city owned facility. To date, no financial disclosure statements have been filed.

New Mexico United Professional Soccer team is the sole donor to this measured finance committee. The committee has already begun an ad campaign to encourage voters to vote and approve the $50 million bond issue. Voters are being asked if the city should issue up to $50 million in bonds to help fund the soccer stadium which is estimated to cost $65 million to $70 million.

It has been reported that according to terms of a “letter of intent to lease”, New Mexico United would contribute $10 million to help construct the proposed multiuse soccer stadium and pay $800,000 annually in base rent to be the venue’s primary tenant. The team would also have to pay the city another $100,000 per year but otherwise get to keep all revenue generated by the stadium outside of specific city-organized events. Voter approval is not technically required for this type of bond and is backed by the city’s gross receipts tax revenue. However, Mayor Tim Keller, a big promoter of the stadium, has said he would not pursue the stadium if the bond fails.

https://www.abqjournal.com/2432115/united-outlines-planned-stadium-investment.html

9. NO CORPORATE COUNCIL MFC

PURPOSE: To support progressive candidates for mayor and city council.

CASH BALANCE FROM LAST REPORT -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: -$0-
TOTAL EXPENDITURES THIS REPORTING PERIOD: – $0-
CLOSING BALANCE THIS REPORTING PERIOD: -$0-

There have been no major donors nor expenditures reported.

Editor’s Analysis: The name of this MFC tips the public off to the intent and purpose of this MFC in that it is a takeoff of the popular slogan “No Corporate Democrats”, a slogan used by progressive democrats to defeat conservative Democrats in primaries. The chair person of No Corporate Council MFC is listed as Melanie Aranda and the Treasurer is listed as Michaela Gallegos who has a “Working Families Party” email address and is believed to work for New Mexico Political Reports. Melanie Aranda is the Chief Operating Officer and Founding Member of the Center for Civic Policy (CCP), a progressive political strategy group, and the Co-Director of the NM Civic Engagement Table.

https://civicpolicy.com/staff/

Michaela Gallegos is believed to work for New Mexico Politcal Reports

The “No Corporate Council” MFC was likely formed to offset the fund-raising activities and efforts of Albuquerque Ahead, the City Council MFC organized and raising donations for Republican City Council candidates Dan Lewis and Renee Grout.

10. PLANNED PARENTHOOD VOTES ALBUQUERQUE

Purpose: Support candidates that support women’s reproductive healthcare and oppose those that don’t.

CASH BALANCE FROM LAST REPORT -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: -$0-
TOTAL EXPENDITURES THIS REPORTING PERIOD: – $0-
CLOSING BALANCE THIS REPORTING PERIOD: -$0-

There have been no major donors nor expenditures.

Editors Analysis: In 2013, Planned Parenthood became actively involved in the municipal election to oppose the “late term abortion” initiative that was successfully place on the ballot by a voter petition initiative. Then Incumbent Mayor Richard Berry supported the initiative and the banning of all late term abortions in the city. Sensing that the issue could derail his re election efforts, the Republican controlled city council declined to place it on the municipal election ballot with the mayor’s race and instead funded a “special election” so as not to interfere with the 2013 mayor’s race. Planned Parenthood is a considered by many as a one issue organization dedicated to preserving a woman’s right to choose. It is more likely than not Planned Parenthood have registered a MFC for over concern that a new Mayor or the City Council will again attempt to ban late term abortions in the city.

11. RETIRED LAW ENFORCEMENT FOR A BETTER ALBUQUERQUE

PURPOSE: Support Albuquerque mayoral candidate who will improve the quality of life for its citizens as well as oppose candidates that are detrimental to the future growth and safety of Albuquerque.

CASH BALANCE FROM LAST REPORT: $11,120.00
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: -$0-
TOTAL EXPENDITURES THIS REPORTING PERIOD -$0-
CLOSING BALANCE THIS REPORTING PERIOD: -$0-

One in kind contribution from Patrick J. Rogers in the amount of $2,678.00 for legal services rendered.

Editor’s Analysis: The chairperson of the “Retired Law Enforcement for a Better Albuquerque is Jason Katz and the Treasurer is listed as Sistine Jaramillo. Upon information and belief, Jason Katz is a former and retired Chief Deputy of the Bernalillo County Sheriff’s Office and is a longtime supporter and has worked for Gonzales. No background information could be located on Sistine Jaramillo. Pat Rogers is a private attorney and is considered by many as a conservative Republican Party-political operative who works on promoting and assisting conservative causes. Mr. Rodgers is a former National Committeeman of the Republican Party and 4 years ago filed ethics complaints against the candidate for Mayor Tim Keller.

12. SAVE OUR CITY

PURPOSE: To address the serious crime and leadership problem in Albuquerque

CASH BALANCE FROM LAST REPORT: $121,271.81
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $12,672.00
TOTAL EXPENDITURES THIS REPORTING PERIOD: $41,941.12
CLOSING BALANCE THIS REPORTING PERIOD: $92,002.69
TOTAL IN KIND DONATIONS: $2,800.00

Editor’s Analysis: The Chairperson of this MFC is Sam Vigil, the widower of Jackie Vigil who was shot and killed in her driveway in the early morning hours as she was going to the gym. Sam Vigil has been highly critical of Mayor Keller and known to support Manny Gonzales for Mayor. Given the loss of public financing by Sheriff Manny Gonzales, Save Our City should change its name to “Save Our Manny” in that it appears it is the only lifeline left for the candidate to raise money and to go negative on Keller.

The MFC “Save Our City” received its largest contributions from Don Bassard, Robyn Hendrexson and Richard Luna, each donating $2,000. The “Save Our City” spent $17,850 on media production and ad buys through Three Point Media.

The City Clerk link to the listing of all 12 measured finance committees and the finance reports is here:

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

MAYOR CANDIDATES’ FINANCIAL REPORTS FILED

Both Mayor Tim Keller and Sheriff Manny Gonzales have filed their 6th Campaign finance reports.

TIM KELLER 6TH CAMPAIGN FINANCE REPORT

Incumbent Mayor Tim Keller is the only candidate for Mayor that qualified for Public Finance and given $634,179.05 by the city. On August 9, the Keller Campaign filed the 6th Campaign Finance report:

CASH BALANCE FROM LAST REPORT: $602,584.56
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: -$0-
TOTAL EXPENDITURES THIS REPORTING PERIOD: $77,874.94
CLOSING BALANCE THIS REPORTING PERIOD: $524,709.

Upon qualifying for Public Finance, the City of Albuquerque advance a single lump sum of $634,179.05 for the campaign.

Editor’s Analysis: The Keller campaign’s largest expense reported in the 6th campaign finance report was $59,331 paid to the Keller campaign manager Neri Holguin’s consulting firm. The 5th campaign finance report revealed that Neri Holguin Campaign Consulting was paid $23,732.50.

The Keller campaign reported $35,470 worth of in-kind services, including $2,500 in private investigator services, $17,970 from lawyer Lauren Keefe and $15,000 worth of rent from Ed Garcia who is a principal in the Garcia Automotive Group and also a principal in the company that purchased the historical Rosenwald Building in downtown Albuquerque for $300,000 in the form a of “lease back” arrangement to the city for a police substation in the Rosenwald Building once it is remodeled into luxury condominiums.

The Mayor Tim Keller campaign has already produced television ads and is now running those ads. The link to review the first Keller ad is here:

https://www.facebook.com/watch/?v=206512188095449

MANNY GONZALES 6th CAMPAIGN FINANCE REPORT

The City has qualified Bernalillo County Sheriff Manny Gonzales to appear on the November municipal ballot finding he gathered the 3,000 qualifying signatures. However, the City Clerk denied Manny Gonzales the public financing finding impropriety in the collection of his qualifying $5 donations Gonzales is continuing as a privately finance candidate.

CASH BALANCE FROM LAST REPORT: $26,667.66
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $14,385
TOTAL EXPENDITURES THIS REPORTING PERIOD: $20,223.03
CLOSING BALANCE THIS REPORTING PERIOD $20,829.63

Editor’s Analysis: The Gonzales campaign’s largest expense was $12,277 paid to Republican political operative and political media strategist Jay McClesky. The Gonzales campaign spent $3,750 with a Missouri-based firm for a “research report on Mayor Timothy M. Keller.”

Despite 3 months of litigation over public campaign financing, Gonzales reported for the second straight month no spending on attorneys or receiving any in-kind legal services. It has been reported the Gonzales campaign has not yet received legal bills but will report the expenditures for legal services.

EDDY ARAGON’S 6th CAMPAIGN FINANCE REPORT

CASH BALANCE FROM LAST REPORT: -$0-
TOTAL MONETARY CONTRIBUTION THIS REPORTING PERIOD: $31,935.50
TOTAL EXPENDITURES THIS REPORTING PERIOD: $18,575.34
CLOSING BALANCE THIS REPORTING PERIOD: $13,360.16

Editor’s Analysis: Eddy Aragon’s largest contributor was Matthew Monte, who gave $2,000. His largest expenditures were two T-shirt orders totaling $10,713.

COMMENTARY AND ANALYSIS

Both Mayor Tim Keller and Sheriff Manny Gonzales sought to run on public financing, but only Keller was given the public financing. City Clerk Ethan Watson twice denied to certify Gonzales for public financing after finding that the Gonzales campaign had submitted forged signatures in the $5.00 qualifying donation collection process. Gonzales appealed the city clerk’s denial of public finance twice, but his efforts failed in both the state District Court and Supreme court. Gonzales is now running as a privately finance candidate.

Third-party fundraising for Sheriff Manuel Gonzales’ Albuquerque mayoral candidacy has essentially come to a standstill in the last month as a result the negative publicity over his loss of public financing while political action committee contributions for incumbent Tim Keller’s reelection bid accelerated.

The measured finance committee (MFC) Save Our City backing Manny Gonzales still has more cash on hand, $92,003, than the MFC “Build Back ‘Burque” committee backing to keep Keller in office, $51,770. However, the 6th campaign finance report shows the Keller MFC raised more during the reporting period. The Keller MFC Build Back ‘Burque raised $42,408 compared to $12,672 raised by the MFC Save Our City that supports Gonzales.

According to the 6th campaign finance reports, Gonzales has $20,830 in his campaign account compared to Keller’s $524,710. Republican radio station owner and talk show host Eddy Aragonis running a privately funded campaign. Aragon reported that he raised $31,936 in the most recent reporting period and has $13,360 remaining after expenses, according to his report.

THOSE DAMN POLLS

Complicating things for Gonzales is that confidential sources are saying that a poll is circulating showing Tim Keller with 57.3 % support, Manny Gonzales at 23.2% and Eddy Aragon at 16.1% and 3.4% undecided. There are no details as to how many were polled, when the poll was taken, how it was taken nor of the margin of error.

Notwithstanding, on September 12, 2020, the Albuquerque Journal published a poll it commissioned that showed nearly three years into his first term as Albuquerque’s mayor, Tim Keller had nearly the same high level of support that he had less than one year after he took office. Among likely city voters, 60% approve of Keller’s performance, 22% disapproved of his performance and 19% had mixed feeling or did not know. That is close to the results of a 2018 Journal Poll that found Keller had a 61% approval rating after his first nine months in office, when many officeholders still experience “honeymoon” ratings. A link to the Journal article is here:

https://www.abqjournal.com/1495901/mayor-keller-maintains-his-high-approval-rating.html

A word of caution is in order as to polling. Four weeks in a political campaign with a low voter turnout, which is expected, is an eternity in politics and anything can happen. Keller is sitting on $524,709 in funding and will be unleashing a relentless media ad campaign spending the lion’s share of that in 4 weeks. Unless Gonzales and Aragon can raise upwards of $300,000 each for a reasonable TV buy, it’s likely the Tim Keller will be elected to a second 4-year term on November 2, unless there is an October surprise that changes the outcome of the election and forces a runoff.

CONCLUSION

The election is Tuesday November 2. Please vote.

Links to quoted source material are here:

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

https://www.abqjournal.com/2428870/pac-backing-keller-out-raises-competition-in-august.html

Below is a column written by Rudolfo Carrillo submitted for publication on this blog.

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. His award-winning writing and analysis have been featured at international academic conferences, in notable literary journals as well as in local media outlets like the Albuquerque Journal. His latest work 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. Rudolfo Carrillo was not compensated for the guest column.

MARCHING TO THE BEAT OF A DIFFERENT DRUMMER: HOMELESSNESS, THE CANDIDATES AND AUGIE’S IDEAS

—How’s the write-in campaign for mayor doing? I asked Augie March the other day, when he stopped by to noodle on the piano we keep in the living room. It’s a decent instrument and somehow ended up there in the corner after spending most of its professional life at a place called Interlochen. Serio. But that’s another story altogether.

In reply to my simple question, March embarked on one of his trademark discourses and began by tossing me a frajo, telling me to go ahead and light the damn thing up because I was old and it couldn’t do much harm at this point anyway.

—I think a good thing for all the current mayoral candidates to do would involve having all three men—and maybe me, too, if they can stand being in such close quarters with someone who still wears English Leather religiously—drive in a fancy motorcade through different parts of the city, winding their way from neighborhood to neighborhood as cameras recorded the whole shebang. Of course, there would be a cameraman in the main limousine, too.

—Well, what would be the point of that? I asked Augie. After all and so far, the candidates have indeed met in public and in virtual forums here in the city. Though there have in fact been a few such events, as I rightly pointed out to March, I had to add the following qualifier: There hadn’t been too much news about the actual issues in the race; in fact, most of the news being reported on this year’s contest focuses on accusations, ethics violations, and PR stunts designed to improve likability.

In fact, in a mayoral forum held Monday night and sponsored by the New Mexico Black Voters Collaborative, Keller used his closing statement, according to local political columnist Joe Monahan:

“to unload publicly on Gonzales for the first time, to tell the audience that, “The Sheriff has been over-policing people of color and doing photo ops.” That statement, of course, comes with its own heap of irony, as Monahan pointed out. But it is worth mentioning that, besides being the king of photo ops in this town, Keller’s administration has had to face its own accusations of discrimination, systemic racism and ageism.

“Keller Jousts With Mayoral Foes; Lands First Public Blows On Gonzales; Starts Making Case For Second Term”, by Joe Monahan, September 27, 2021, in Joe Monahan’s New Mexico.”

http://joemonahansnewmexico.blogspot.com/

“Past city official files whistleblower suit”, by Jessica Dyer, Wednesday, January 27, 2021 in The Albuquerque Journal:

https://www.abqjournal.com/2353571/past-city-official-files-whistleblower-suit.html

A GRAND PARADE

March pointed his finger toward me accusingly, widened his normally sleepy eyes and with a grave intonation, continued.

—That’s precisely why they need to parade around town with a motorcycle unit, flags, heck, maybe even a high school band on some kinda float or something vaguely resembling our journey into the future. Besides being good for citizen and police morale, it would be a great way to familiarize those three with one of our city’s most dire problems, problems which Gonzales referred to as part of “a crossroads of total anarchy.”

“Mayoral hopefuls face off at forum”, by Jessica Dyer, Monday, September 27, 2021 in The Albuquerque Journal:

https://www.abqjournal.com/2433260/mayoral-hopefuls-face-off-at-forum.html]

—It’s true, Mr. March. I’ve been thinking so much about all those stories about fines in the thousands, pictures of the mayor cuddling shelter dogs and that other fellow bellowing like some sort of follower of the Glimmer Twins that I’ve almost forgotten about the sadness, violence, economic despair and homelessness that continue to haunt our fair burg. The thing is, it isn’t total anarchy: it’s just a whole lot of sad and displaced human beings doing what humans do best, which is being fragile and in need of help from others.

—See, if they started just north of Downtown, they could take a long look at the scores of homeless encampments that are just about everywhere, stretching from just about every freeway overpass to the sidewalks on main thoroughfares and on the edges of industrial parks, too. Maybe they could even talk with ’em. That ought to change some perceptions, by gum!

—Now wait a minute, Augie, the incumbent says he has a plan to get that fixed pronto!

—I wish that were the case, but look in the daily newspaper. It says there that the whole deal is being held up in the planning department by objections from neighbors of Keller’s proposed shelter at the former Lovelace Hospital on Gibson Boulevard. The place is in District 6—the Council district of the notorious Pat Davis—and the folks that live up there reckon they have already had to face an overwhelming homeless population and all the negative things they say go along with that.

“Neighbors object to ABQ shelter proposal” By Jessica Dyer in The Albuquerque Journal, Tuesday, September 21, 2021:

https://www.abqjournal.com/2431413/neighbors-object-to-citys-shelter-application.html

DAVIS, GRILLEY AND WHITE PRIVILEGE

—How does Davis figure into this; and why does his involvement rate the epithet “notorious”? That’s a pretty strong word, Mr. March!

—Well, back in May, Davis apparently caved to business and real estate interests in the area, proposing that the shelter limit itself to only 30 beds. Before that, he called for public input on the project to be extended again, keeping the whole project in limbo. The editorial board at the Journal called all of that “bait and switch at its worst,” and they’re right. Citizens voted on investing $14 million on the project in the hope of giving some hope to a good number of the city’s homeless. Davis’ move seems craven, period. The project just isn’t going to work in Davis’ scaled-down version. The homeless problem has grown way beyond 30 beds. Come to think of it, maybe Davis ought to ride in the motorcade with those three candidates!

“Editorial: Hey ABQ voters, did you OK $14M for just 30 shelter beds?” By the Albuquerque Journal Editorial Board, in The Albuquerque Journal, Tuesday, May 25, 2021:

https://www.abqjournal.com/2393829/hey-abq-voters-did-you-ok-14m-for-just-30-shelter-beds.html

—And how is driving the candidates—and Councilor Davis, for that matter—around town, through its worst bits, going to help? How is it going to change things for the better?

—If they stick to the 30-bed scenario that Davis is working for, he should definitely tag along. He could be the one that hand-selects the 30 homeless citizens who get to experience life at the new shelter. But in general terms, his inclusion supports the idea that there is a stigma against the homeless among certain other groups of people.

They frighten many folks in the middle- and upper-classes. In fact, another fellow named Grilley that’s running for City Council in District 9 sorta sums up the weird and inappropriate cognitive dissonance and privilege a lot of these objectors to Keller’s plan are demonstrating. Right on his main page, it says this: “Homelessness in our district poses a threat to public health, compromises our security, and costs the city money.” His main focus here seems to be on saving money: the bottom line. Wealth management is big with these white privilege sorts. With outright capitalists, it’s always ‘mercy be damned.’

Rob Grilley for Albuquerque City Council, District 9:

https://www.rob4abq.com/

THE MIRACLE OF KELLER’S CORRECTNESS

—And …

—Well, maybe if they get it into their heads that these are real flesh and blood human beings with their own stories, their own dignity—and their own frailties—maybe they’d get off their behinds and start doing something proactive to solve this tragic problem; you know, help train them, provide and staff for comprehensive mental health services, get ’em ready to work or learn and contribute to the city. Don’t get me wrong, Keller’s got the right idea on this one; it’s a rarity, I know it.

But he needs to talk about this issue in public more, he needs to be a role model, for Crissakes! If we do the motorcade thing, I’d expect him to be the first one out of the car, shaking hands with and giving out hugs to all those homeless folks wandering through every part of our town. That PR strategy has worked for shelter pets, after all.

—Whoa. What about Manny … and the other guy?

—Of course, Gonzales shouldn’t wear his uniform during the procession. I reckon he’ll stay in the car, because he won’t want to get his hands dirty. Some of those folks coulda been the ones his handlers used to get fake signatures, you know?

And that third candidate, the Republican just plumb doesn’t matter. He’s a ghost of the airwaves and nothing more: I gotta base that opinion on what ol’ Aragon represents. He’s just a disenfranchised former Dem who probably didn’t feel too comfortable with the ascension of women and the consequent progress in the state party and so latched on to Satan himself—represented, in his case, I might add, by that awful criminal nihilist, number 45 who’s constantly mentioned in that man’s radio diatribes.

Anyway, Keller needs to show some real leadership in this matter. For one thing, it’s about time he reins in Davis; Pat is beginning to look like he’s gone rogue. It’s not good for the Democratic Party, even in a supposed non-partisan local governance deal. Then, Hizzonor needs to address the concerns of citizens near the Gibson site as soon and as thoroughly as possible—while he personally weighs in via one of his own famous photo ops—on why this city absolutely needs to take better care of its disadvantaged and marginalized citizens.

—That’s very interesting, August, but I doubt anyone could get all those guys in a limousine at the same time; there’s just not enough head room plus you never told me about your candidacy …

—Well, it goes something like this: I figure some of the politicians I just talked about will read this, consider my words, the proposals therein … And then wake the heck up to what this town really needs in its next mayor. They really ought to drive around town, though, even if it is solito in their personal gasoline-powered transportation device. I guarantee that will have an effect.

If none of that happens—and I ain’t saying it will or it won’t—come election time, folks really will have to start considering the value of voting for a fictive trans-dimensional Situationist instead of what is being officially offered. I’ve always wanted to apply my painting and pizza-making skills to local governance, you know, and this is a great fail-safe—hot, fresh outta the oven with brilliant colors, too.

Albuquerque resident Margaret Smith submitted the following guest column in the form of an open letter to Mayor Tim Keller and Chief Harold Medina for publication on this blog.

Margaret Smith is a recent transplant here to Albuquerque. She began a full-time real estate career in 2002. She has been devoted to helping hundreds of families achieve their goals. Growing up in a military family and moving multiple times during her childhood helped forge the awareness, understanding and compassion needed during a home sale process. Margaret is a certified Military Relocation Professional, educated in the challenges of military moves as well as the resources families will require once they arrive. Margaret discovered the remarkable ABQ charitable foundation Paws and Stripes. As a volunteer, she has been able to combine her commitment to re-homing shelter dogs with her deep gratitude to all of our service men and women.

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

Dear Mayor Keller and APD Chief Harold Medina:

I am, like many in our community, deeply concerned about the level of sworn APD officers patrolling our streets. This letter is being sent to discuss the subject and make a specific recommendation on one solution. I have requested that it be published on www.PeteDinelli.com with the hopes that it generates fundamental, challenging questions that are directed to you and all council members.

According to recent news reports, as of September 18, 2021, the city has only 913 sworn officers, from chief to patrol officer’s 2nd class. Excluding supervisors, 404 patrol officers are working the streets in uniform. The 404 patrol officers consist of 369 patrol officers and 35 problem response team officers.

There are 7 area commands in the city. Based on the figures cited, there are approximately 60 uniformed officers per area command. There are three shifts daily, equaling about 20 officers per shift. Factor in sick time, vacation, special assignments – each shift may average 10-15 officers on a given day. Which leaves about 70 uniformed police officers on duty throughout the entire city each shift. The lack of manpower dictates that our police force cannot be proactive, only reactive.

The metrics are unacceptable for the taxpayers of ABQ and most certainly for the uniformed police officers that don’t feel supported by either the APD, the City Council nor their community.

EXCERPTS FROM MAYOR KELLER’S CITY WEB PAGE

When I look at Mayor Keller’s page, there are a number of statements that strike me in particular. Those comments include:

“Crime is the most pressing issue in Albuquerque and I have made public safety my top priority.

As to Community Policing, Mayor Keller says:

“The idea is simple. Build relationships and work with communities to address their concerns and problems.”

As to Community Partnerships, Mayor Keller says:

“Partnerships between law enforcement and the individuals and organizations they serve to develop solutions to problems and increase trust in police.”

PROPOSED OFFICER RETENTION PROGRAM

It was early in 2020 that a meeting was called in the Mayor’s office to discuss a proposal for an Officer Retention Program that was submitted as a potential solution to the ongoing recruitment, retirement and critical understaffing issues within the APD. A retired APD Sargent submitted the proposal in 2020.

Mayor Keller was not in attendance. However, Chief Operations Officer Lawrence Rael, then Deputy Chief Harold Medina and Constituent Services Director Alan Armijo attended.

The following brief outline of an Officer Retention Program was presented:

● The City contracts with private security firms as liaisons for the Community Policing and Partnerships. The caveat for security firms under contract is that any private security officer must be retired APD.

● These hires would be paid by the security companies, not the City. The security officers would be uniformed and drive clearly identified vehicles that differentiate them from APD/BCSO.

● They would legally be private security officers with the ability to undertake any APD community- based policing programs in areas such as Nob Hill, Old Town, Downtown etc. The public would interact with seasoned, veteran officers. Who, in turn, could foster respect with a consistent presence and interaction within our communities. A continued presence would obviously be a deterrent to the criminal activity that is rampant in all of our neighborhoods.

● Working with APD, the 242-COPS and 911 calls could be “triaged” – dispatching the private security officers which could respond to the 3rd, 4th and 5th tier calls, allowing the APD to concentrate on the critical threats to human life and property.

The way the Officer Retention Program could be jumped started would be:

● Initially, open the program to all interested retired law enforcement officers from APD, BCSO and State Police.

● Offer lateral classes to all NM police departments which might encourage current LEO’s working in other departments to transfer to APD – upon which they would be required to work a minimum of 3 years to qualify for the Officer Retention Program.

● After the initial launch, it would only become available to current APD officers upon their retirement.

At the conclusion of the meeting with COO Lawrence Rael and then Deputy Chief Harold Medina, it was stated that this plan had “merit”. With all due respect, what happened to this proposal? Was another, better solution implemented?

Utilizing retired officers in community policing roles through private business opportunities allows for greater economic efficiency while maintaining a higher level of training standards and oversight.

FINAL MESSAGE TO FELLOW NEIGHBORS

Let me make this clear, I certainly do not hold myself to be an expert in law enforcement nor do I have the expertise to implement this or any other strategy. However, I choose to educate myself as much as possible on issues affecting my community and – I vote.

To all of my fellow neighbors – it’s time. We have the power to utilize a united voice to create change. I am as equally concerned about the continuum of crime in our city as you – we are entitled to a concrete, committed plan moving forward to address the critical shortfall of basic services. We deserve to live in, at the very least, a safer city. And in a city that works more diligently to inform us of hard facts so that we can make better informed decisions as citizens. We must work for this – step up as a community and hold our elected officials accountable. I feel it is a duty not only to myself, but to each other as a society.

I am posting it with the hopes that it generates fundamental, challenging questions that are directed to our City Council members.

Respectfully,

Margaret Smith

On Sunday, September 26, the Albuquerque Journal published a guest opinion column by Mayor Tim Keller that gave a summation of the “40 action plans” that were identified by his “Metro Crime Initiative.” The opinion column headline was “Now ABQ has 40 concrete actions to turn tide on crime”. The first paragraph makes a number of claims that reflect an astonishing level of ignorance by an elected official of the criminal justice system and for that reason merits quoting in full:

“Violent crime in the metro area and across America has soared during the pandemic, but in Albuquerque we know it simply cannot be treated as an outlier. Our criminal justice system is broken, and we must reach much further to change the way our region addresses crime. For too long, violence has brought tragedy to the doorstep of families in our community as violent criminals’ cycle in and out of jail. At the same time, the systems that address the most common root causes of crime, like behavioral health, are treated like an afterthought. Today, our criminal justice system does not have the capacity to keep dangerous offenders behind bars or get help to those in need.”

The link to the full guest column is here:

https://www.abqjournal.com/2432375/now-abq-has-40-concrete-actions-to-turn-tide-on-crime.html

METRO CRIME INITIATIVE

On Thursday, September 23, Mayor Tim Keller and his Administration concluded a series of meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system. The conference was dubbed the “Metro Crime Initiative.” It concluded with a news conference at the Albuquerque Police Department’s (APD) Real Time Crime Center to announce the results of the meetings.

A total of 5 meetings were conducted over 2 months. The participants included the Governor office, the Attorney General office, the District Attorney, the Chief Public Defender, Senate and House members, the Mayor, City Council members, Bernalillo County Commissioners, APD, NM State Police, Metro and District Courts and many others. Not at all surprising, Bernalillo County Sheriff Manny Gonzales did not attend. He did not send anyone to represent his office. Gonzales is running for Mayor against Keller and said he didn’t have time between his constitutional duties and campaigning, and he thought it was all just “smoke and mirrors.”

The program consisted of 5 sessions, each lasting upwards of two hours. Panel discussions with law enforcement, court officials, prosecutors, defense attorneys, and representatives from higher education addressed opportunities for early intervention, detention, diversion and hearings, resources for victims’ advocates and offender reentry, and career pipelines.

ACTION ITEMS ANNOUNCED

The topics of discussion were broken down into 6 major categories. During the September 23 concluding press conference, local leaders admitted they have not been providing enough protection and resources to keep people safe. A list of 40 action items were revealed with the hope that once implemented they will lower Albuquerque’s crime efficiently and quickly. More than 20 departments statewide developed the checklist.

Following are the action items announce in each of the 6 categories:

FIGHT CRIME

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

REDUCE GUN VIOLENCE

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

CLOSE THE REVOLVING DOOR

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

STRENGTHEN DIVERSION

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

REBUILD BEHAVIORAL HEALTH SYSTEM

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

EXPAND VIOLENCE INTERVENTION PROGRAMS

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

MISCELLANEOUS ADDTIONS

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

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

One of the major goals of the check list announced is to hold each other accountable. State legislators and city leaders will prepare initiatives, bills and ordinances against each action item on the list and then and only then will the action item get checked off. No set timeline was given complete the items and that is left to each individual agency. The city intends to hold “check-ins” on policy and implementation.

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

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

Links to quoted source material are here:

https://www.abqjournal.com/2431408/officials-unveil-to-do-list-to-fix-broken-criminal-justice-system.html

https://www.kob.com/albuquerque-news/law-enforcement-leaders-develop-checklist-to-tackle-crime-in-the-metro/6245077/

https://www.abqjournal.com/2431408/officials-unveil-to-do-list-to-fix-broken-criminal-justice-system.html

VIOLENT CRIME TREND IN CITY WAS OCCURING BEFORE COVID

Mayor Keller proclaims in his guest column “Violent crime in the metro area and across America has soared during the pandemic … “ as if the pandemic had anything to do with the city’s violent crime rates. On March 11, 2020, the Corona Virus was declared a worldwide pandemic and the country began to shut down and people began to quarantine and businesses began to close. During his first full 3 years in office, in response to the city’s spiking violent crime rates, Mayor Keller initiated numerous crime-fighting initiatives. All were initiated before the pandemic hit the city hard in February, 2020.

ABQ’S VIOLENT CRIME STATISTICS IN A NUTSHELL UNDER KELLER

In 2020, FBI statistics reveal that Albuquerque has the dubious distinction of having a crime rate about 194% higher than the national average.

HOMICIDES

In 2018, during Mayor Keller’s first full year in office, there were 69 homicides.
In 2019, during Mayor Keller’s second full year in office, there were 82 homicides.
In 2020, there were 76 homicides in Albuquerque.
As of September 19, 2021 there have been 84 homicides in the city, a new all-time record high.

https://www.cabq.gov/police/crime-statistics

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

VIOLENT CRIMES

In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes. There were 3,885 Aggravated Assaults and 491 Non-Fatal Shootings.

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

In 2019, the category of “Violent Crimes” was replaced with the category of “Crimes Against Persons” and the category includes homicide, human trafficking, kidnapping and assault. In 2019 during Keller’s second full year in office, Crimes Against Persons increased from 14,845 to 14,971, or a 1% increase. The Crimes Against Person category had the biggest rises in Aggravated Assaults increasing from 5,179 to 5,397.

In 2020 during Keller’s third full year in office, Crimes Against Persons went from 14,971 in 2019 to 15,262 in 2020.

DRUG OFFENSES

“Crimes Against Society” include drug offenses, prostitution and animal cruelty.

In 2018 during Keller’s first full year in office, total Crimes Against Society were 3,365
In 2019 during Keller’s second full year in office, total Crimes Against Society increased to 3,711 for a total increase of 346 more crimes or a 9% increase.
In 2020 during Keller’s third full year in office Crimes Against Society, had 61% increase weapons law violations.

https://www.petedinelli.com/2020/10/28/citys-2020-mid-year-crime-rates-reflect-small-decline-violent-crime-remains-high-arrests-made-are-fraction-of-crimes-committed-dr-keller-has-failed-to-find-a-vaccine-for-high-crime-r/

KELLER’S FAILED VIOLENT CRIME REDUCTION PROGRAMS

In 2019, Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates. The 4 initiatives involve early intervention and partnership with other agencies and are:

1. The Shield Unit

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office.

https://www.abqjournal.com/1325167/apd-expands-unit-that-preps-cases-for-prosecution.html

2. Declaring Violent Crime “Public Health” issue

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

3. The “Violence Intervention Plan” (VIP program)

On November 22, 2019 Mayor Tim Keller announced what he called a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP) . Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime. Mayor Keller stated:

“… This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. …”

4. The Metro 15 Operation program.

On Tuesday, November 26, 2019 Mayor Tim Keller held a press conference to announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. At the time of the press conference, the city’s homicide count was at 72, matching the city’s record in 2017.

Simply put, all 4 programs can be described as failures as not having any real statistical impact on reducing crime. The blunt truth is that for a good 3 years before the COVID pandemic hit the city hard in 2020 under Keller’s watch, violent crime rates were spiking, so much so that 4 years ago then candidate for Mayor Tim Keller made reducing the city’s crime rates a cornerstone to his campaign. He proclaimed himself to be uniquely qualified to be Mayor and went so far as to promise that he would hire 300 sworn police officers and grow the department to 1,200 sworn police offices by the end of his first term. Today, the department has 960 sworn police and the police academy cannot keep up with retirements.

REBUTTABLE PRESUMPTION OF VIOLENCE TO PREVENT RELEASE

It was in 2016 that New Mexico voters approved a constitutional amendment that largely eliminated the former system of money bail bonds. The change was made to prevent low-level defendants from being kept in jail because they lacked money to post bail. The bond reform also authorizes judges to order defendants held without bail pending trial if prosecutors present evidence at a hearing showing that the charged defendant is an immediate danger to the public and there are no reasonable means to prevent the charged defendant from committing a crime while released pending trial.

In August, District Attorney Raul Torrez, Mayor Tim Keller and APD Chief Medina, severely criticized judges after a homicide suspect escaped from a halfway house by cutting off his ankle bracelet. He was later arrested without incident. All 3 have been joined by the Governor to support a “rebuttable presumption against release” in crimes including first degree and second-degree murder, voluntary manslaughter, and sexual exploitation of children.

Prosecutors and law enforcement officials across the state repeatedly slam judges and the court system for letting out those accused of violent felonies, particularly when they re-offend. They know damn well that judges are bound by the Code of Judicial conduct and no judge can comment and defend themselves on any pending case or even make any kind of an attempt to publicly defend themselves in the court of public opinion.

On September 15, the Administrative Office of the Courts issued the results of a report to take sharp issue with recent proposals to change the bail bond system. The study was conducted by the University of New Mexico (UNM). The report supports the proposition that the existing system does not endanger the public. The UNM study reviewed 10,289 Bernalillo County felony cases from July 2017 to March 2020 in which defendants were released from jail while awaiting trial. The statistical findings were decisive and reported as follows:

Of the cases analyzed, only 13 were arrested for a first-degree felony while on pretrial release, or about 0.1% of the total.

19% of felony defendants released from jail pending trial, 1,951 of 10,289, were arrested for new criminal activity during the pretrial period. Most of those arrests were for fourth-degree felonies and misdemeanors, including property, drug and violent crimes.

Fewer than 5% of defendants, or up to 480, released pretrial were arrested for new violent crimes. Of the cases analyzed, 95.3% were not arrested for violent crimes during the pretrial period.

Artie Pepin, director of the Administrative Office of the Courts, had this to say about the study:

“The evidence from research clearly shows that the great majority of people released pending trial are not committing new crimes. … Objective research validates the pretrial justice improvements under way in New Mexico. Blaming judges and courts for crimes highlighted in news accounts does nothing to make anyone safer.”

Not at all surprising is that Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association had this to say about the “rebuttable presumption against release”:

“That basically means [the Governor, Keller and Torrez] are sacrificing … constitutional rights for their own political career. … We continue to ask the Legislature to make sure whatever decisions are made are based on evidence and not some kind of knee-jerk reaction, because that does not make the problem better. … That’s the same thing that we need to ask of our leaders on this situation.”

The link to quoted source material is here:

https://www.abqjournal.com/2429583/courts-pretrial-release-doesnt-fuel-violent-crime.html

EVOLVING IMPROVEMENTS TO BEHAVIORAL HEALTH SERVICES

Studies suggest that nearly 50% of Bernalillo County residents needing mental health or addiction treatment services are not getting the help they need because of gaps in New Mexico’s behavioral health care. It should come as absolutely no surprise that behavioral health services in New Mexico are limited, but is improving significantly. Bernalillo County residents can give a big thanks and shout out to our the former Republican Governor who was in office for a full 8 years and who almost single handedly destroyed New Mexico’s behavioral health care system.

On February 26, 2015, the Bernalillo County Commission approved a 1/8% gross receipts tax increase on a 3-2 vote to fund new behavioral and mental health services to improve access to mental and behavioral health care services in the county. The tax generates approximately $20 million annually. The 1/8th% gross receipts tax was enacted to be used for the purpose of providing more mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area. The intent is to provide a safety net system for those in need of mental health not otherwise funded in New Mexico.

According to the Bernalillo County “Public Health Projects” webs site, link provided below, 7 major projects have been approved with committed annual funding of each of those projects are as follows:

1.Transition Planning and Re-entry Resource Center. The project includes funding transition planners at MDC and creating a Re-entry Resource Center (RRC) for an effective front door into a network of services. Initial cost of $1,341,188 in year one; $1,041,188 annually thereafter.

2. Mobile Crisis Teams to respond to individuals experiencing a nonviolent behavioral health crisis that necessitates a 911-response.

3. Expansion of the County’s Community Connections Supportive Housing Program.

4. Community Connections Re-entry Supportive Housing – $1.3 million from Bernalillo County; $503,000 from City of Albuquerque.

5. Community Engagement Teams (CET) to help people and their families voluntarily cope with the effects of mental illness and substance abuse disorders, whether individual or co-occurring, in the comfort and familiarity of their homes and communities.

6. Youth Transitional Living. Funding is provided for youth transitional living services for clients with behavioral health diagnosis who are not currently under any state Children Youth and Families Department.

7. Reduction of Adverse Childhood Experiences (ACES) – not to exceed $3 million

https://www.bernco.gov/health-and-public-safety/behavioral-health-approved-projects.aspx

On October 15, 2019 he Bernalillo County Commissioners (BCC) voted and approved funding of up to $10 Million out of the behavioral health tax. In the past, priorities have included mobile crisis teams and programming for at-risk youth. The county is funding 11 of the private providers at varying amounts by contract lasting up to 3 years.

On Oct. 15, 2019 he Bernalillo County Commissioners (BCC) voted and approved funding of up to $10 Million out of the behavioral health tax to 11 providers.

https://www.abqjournal.com/1529983/county-awards-10-million-for-behavioral-health-ex-money-will-help-providers-add-or-upgrade-facilities-and-cover-certain-costs.html

COMMENTARY AND ANALYSIS

It’s laughable when Tim Keller says “Violent crime in the metro area and across America has soared during the pandemic … ”. It’s laughable because he talks like he has not been Mayor during the last 4 years. Simply put, all 4 programs Keller has implemented to combat violent crime can be described as failures. The programs have had no real statistical impact on reducing crime. Violent Crime has spiked each of the 6 years before the pandemic and long before the national movement of police scrutiny and accountability.

A FAILURE TO ADMIT FAILURE

The blunt truth is that for a good 3 years before the COVID pandemic hit the city hard in 2020 under Keller’s watch, violent crime rates were spiking, so much so that 4 years ago then candidate for Mayor Tim Keller made reducing the city’s crime rates a cornerstone to his campaign. He proclaimed himself to be uniquely qualified to be Mayor and went so far as to promise that he would hire 300 sworn police officers and grow the department to 1,200 sworn police offices by the end of his first term. Today, the department has 960 sworn police and the police academy cannot keep up with retirements.

The words of Mayor Keller in his guest column and his “Metro Crime Initiative” are nothing more than a pathetic attempt to avoid acknowledging that his efforts over the past 4 years, including at least 4 programs he initiated to combat violent crime, have made little or no difference to reduce violent crime.

The entire “Metro Crime Initiative” started with the phony proposition declared by Mayor Keller and all the participants that our criminal justice system is broken. It ended with a press conference with all the participants patting each other on the back for doing such a good job and asserting they have found the solution. It’s a lot simpler to come up with a bumper sticker slogan and say the criminal justice system is broken when you do not know how to explain your inability to do your own job and are contributing to the crisis.

A CLUELESS MAYOR NOT KNOWING WHATS GOING ON AS TO BEHAVIORAL HEALTH CARE

When Keller says “ … the systems that address the most common root causes of crime, like behavioral health, are treated like an afterthought” it is a reflection of just how clueless Keller really is about the city and state’s behavioral health care system and the efforts already being made to correct it. When you examine the “Metro Crime Initiative” 40-point plan, very little was actually proposed regarding mental health initiative and it was treated as an “afterthought” with no mention of the behavioral tax funding nor expansion of those programs funded by the tax.

NOT A BROKEN SYSTEM, BUT STAKEHOLDERS FAILING

The criminal justice system in this country and this state has never been perfect, nor will it ever be, but it is not broken as the “Metro Crime Initiative” participants would have all believe, especially those that are running for office such as Tim Keller and Raul Torrez and who have been failures in dealing with the city’s high crime rates. Yes, the criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain ignorance of the criminal justice system or political opportunism at its worst.

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

The 3 major stakeholders in our criminal justice system that are always signaled out when it’s argued that the criminal justice system is broken are law enforcement, the prosecution and the courts. When you examine these 3 major stakeholders in Albuquerque and Bernalillo County, one conclusion that can be arrived at is that they are not doing their jobs. They also have an extensive history of blaming others for their failures.

LAW ENFORCEMENT

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

In 2019 APD had 924 full time police. In 2020, APD had 1,004 sworn police or 80 more sworn police in 2020 than in 2019, yet arrests went down during the first year of the pandemic. APD’s homicide unit has an anemic clearance rate of 36%. The police union falsely proclaims officer’s hands are tied by the DOJ reforms and are afraid of doing their jobs for fear of being disciplined.

Mayor Tim Keller, APD Chief Harold Medina and Police Union President Shaun Willoughby are now on the same page promoting the “big lie” that the Department of Justice (DOJ) consent decree reforms are the cause of officer shortages, low morale and high crime rates. The Police Union has gone so far as to spend $70,000 on an ad campaign to disparage the reforms and blaming the consent decree for all of APD’s problems.

The Federal Monitor has documented the reform resistance and the negligent personnel management causing the problems they complain. The Federal Court and the Monitor have no management authority over APD. The departments problems are not caused by the reforms but caused by the way Keller, Medina and his 3 Deputies have implemented the reforms and union sergeant and lieutenant membership obstructing the mandated reforms.

THE PROSECUTION

A criminal prosecution cannot occur unless the prosecuting agency, usually the District Attorney, actually charges an offender and brings them to justice. When DA Raul Torrez ran for Bernalillo County District Attorney the first time, he said our criminal justice system was broken, it was in dire need of change and he was the guy to fix it. He is now running for Attorney General.

Within six months after being elected the first time, Torrez had his office prepare a report on the statistics regarding the number of felony cases that were being dismissed by the District Court. Torrez accused the District Court for being responsible for the rise in Albuquerque crime rates and releasing violent offenders pending trial. District Attorney Raul Torrez also accused defense attorneys of “gaming the system” in order to get cases dismissed against their clients.

A subsequent report prepared by the District Court revealed that it was the District Attorney’s office that was in fact voluntarily dismissing far more felony cases for various reasons, including his office not being prepared for trial, the office’s failure to meet discovery deadlines, and prosecutor’s failure to turn evidence over to defense counsel as mandated by law and discovery court orders.

The Bernalillo County District Attorney office currently has the highest voluntary dismissal rate in its history and indicts less than half what it would indict 10 years ago. Plea agreements with low penalties are the norm. Data given to the Supreme Court by the District court revealed overcharging and a failure to screen cases by the District Attorney’s Office contributes to a combined whopping 65% mistrial, acquittal and dismissal rate.

THE COURTS

The courts are viewed as part of a broken criminal justice system whether they like it or not. That negative perception is aggravated when individual judges appear to be way too lenient in releasing violent felons and not holding them for trial without bond. The District Court Judges assigned to the criminal division point to the New Mexico Supreme Court’s Case Management Order (CMO), as does the District Attorney, that much of the discretion they had before to hold those charged until trial has been taken away.

Bookings at the Bernalillo County jail have plummeted from 38,349 in 2010 to 17,734 in 2020. It’s common knowledge amongst trial attorneys that Judges are concerned about their disqualification rates and appeal reversals and how they are perceived by attorneys and the Judicial Performance Evaluation Commission. Judges are reluctant to make decisions and hold off on making the hard decisions to avoid controversy to protect their jobs.

One of the best examples of judges reluctant to make hard decisions was when virtually all the Second Judicial District Court Judge Civil Division recused themselves from hearing Manny Gonzales’ appeal of the City Clerk’s denial of the $661,000 in public finance. The Judges are not required to list their reasons for disqualifying themselves and therefore no one knows the reason why other than the case was politically charged. The New Mexico Supreme Court was forced to appoint a Santa Fe First Judicial District judge to hear the case.

CHECK LIST OF PROPOSALS

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

The 40 proposals are essentially an admission by many of the participants that they have not been doing their jobs effectively from the get go. There really is nothing new other than a public relations flyer and the checklist Mayor Tim Keller could hold up during his press conference, a few weeks before an election so he can say “ignore my failures of the past 4 years and see what I have done now to combat violent crime.”

FINAL COMMENT

The criminal justice system at all levels is only as good as those who are responsible to make it work and succeed. The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. They know it is not a “broken system” but a “systems failure” caused by their own failures to act and to do their jobs effectively. It is way too easy to declare the system “broken” when problems identified within the criminal justice system would go away if the stakeholders would just do their own jobs and concentrate on doing their jobs in a competent manner.

Mayor Tim Keller will likely get elected to a second 4 year term, not because he has done such a terrific job, but because his opposition Der Führer Trump candidates Sheriff Manny Gonzales and Eddy Aragon are so weak and would be worse if they were elected. Once Mayor Keller is elected again, what we can expect for another 4 years is more “smoke and mirrors” such was the “Metro Crime Initiative” as described Manny Gonzales.

The election is November 2.