On September 9, 2021, 8 members of the citizens militia group known as the New Mexico Civil Guard (NMCG) filed a federal lawsuit against the City of Albuquerque and the Albuquerque Police Department (APD). The lawsuit claims the 8 were “targeted” by APD when they showed up on June 15, 2020 at the protest over the “La Jornada” (The Journey) sculpture in front of the Albuquerque Museum. The protest was for the removal of the figures of Juan de Onate de Salazar in the sculpture. A man was shot during the protest.

According to a federal lawsuit, the citizens militia group claim city officials targeted them for no reason. The lawsuit alleges that the city was aware the militia group was going to be there and APD positioned officers near the protest waiting until a Civil Guard member “committed a crime and planned to then arrest them.” The plaintiffs alleged they did nothing wrong and were detained anyway by APD.

The Civil Guard members allege one of them was attacked at the protest and at that point all the civil guard left the crowd. According to the complaint, after they had moved away, 31-year-old Steven Baca pulled a concealed handgun and started shooting, hitting one man. When the shooting began, the guard members returned and ran toward Baca and upon encountering him, one militia member stepped on the gun or “kicked his gun away”.

The lawsuit alleges that even though police knew the group wasn’t associated with Baca, they “arrested” the plaintiffs anyway, held them for hours for questioning, not allowing them to talk to lawyers or even use the restroom . They were eventually released after interviews.

EDITOR’S NOTE: The allegation that they were arrested is false. No militia member was arrested but they were held for questioning and then released.

At the time of the incident, Bernalillo County District Attorney Raul Torrez said that the militia members had a right to be at the protest and bear arms. However, the DA made it clear they did not have the right to intervene as “enforcers of the law”. The DA later filed an injunction to prohibit the Civil Guard from acting in any police or military capacity and to declare the group a “nuisance” posing an immediate threat.

A link to the complete news report is here:

https://www.krqe.com/news/politics-government/nm-civil-guard-sues-city-over-juan-de-onate-protests/

NEWS COVERAGE OF JUNE 15, 2020 PROTEST

The June 15, 2020 protests and shooting was the subject of extensive news coverage. It was reported at the time as follows:

During the protest, there were 6 to 8 heavily armed NMCG members, some dressed in military camouflage, saying they were present to “protect” the sculpture. It was reported that the shooting occurred when at least 3 of the protesters attacked a person identified as Steven Baca who was walking away from them. Steven Baca was struck in the head with a skateboard and Baca drew a gun, shot numerous times, with one shot hitting one of the protesters. The shot protester was rushed to the hospital and was listed in critical but stable condition. The shooting and violence resulted in the City taking the single figure of Onate down and relocating it in an undisclosed location.

Civil Guard members said they took zero responsibility for the shooting and what happened at the June 15 protest. The militia group pointed out that Steven Baca is not a member of their group. They also have said Baca was “justified” in shooting a protester and believe their armed presence stopped more bloodshed.

NMCG Chaplin and Founder Bryce Provance said that after the gunfire, his men set their “scope” on Steven Baca and “would’ve blown his brains out” if he kept shooting. NMCG member John Burks, an Army veteran who served in “quite a few deployments” said that he could not “specifically speak on” his kicking Steven Baca’s gun away to “secure the crime scene“ but did say:

“People said we protected him after he shot. … No, we detained him and formed a perimeter around him so that he didn’t pick that gun back up and shoot more people.”

https://www.abqjournal.com/1472698/the-world-is-a-scary-place.html

On June 16, the Albuquerque Police Department released a photo of the 13 guns and 34 magazines taken from militia members at the protest. In the APD photo there are 4 semi-automatic rifles. A controversy is now brewing over the handling of the protest by the Albuquerque Police Department (APD).

https://www.krqe.com/news/protests/new-mexico-civil-guard-speaks-out-governor-and-mayor-condemn-group/

DISTRICT ATTORNEY FILES CIVIL LAWSUIT AGAINST NMCG MILITIA

On Monday, July 14, 2020, Bernalillo County District Attorney Raúl Torrez filed a civil lawsuit to stop the New Mexico Civil Guard private militia from usurping the state’s military and law enforcement authority. The lawsuit was filed against the New Mexico Civil Guard and 14 of its members who “include some individuals associated with white supremacist and neo-Confederate organizations,” according to the civil complaint.

The lawsuit argued that the New Mexico Constitution says civilian militias can only be activated by the governor and alleges the New Mexico Civil Guard is acting like law enforcement. According to the lawsuit, the New Mexico Civil Guard are acting like law enforcement by holding training sessions, outfitting themselves with military equipment and gear, and patrolling protests armed and in uniform without any legal authority to act in any kind of law enforcement capacity.

The lawsuit alleges that membership includes people associated with white supremacist and neo-Confederate ideology. According to the lawsuit:

“[NMCG has routinely used paramilitary tactics] at protests, demonstrations, and public gatherings throughout New Mexico, providing wholly unauthorized, heavily armed, and coordinated ‘protection’ from perceived threats.”

The federal civil complaint makes specific allegations that are alarming as to the actions of the New Mexico Civil Guard. Paragraphs 2, 4, 5, 7 and 8 of the complaint are succinct and outlines the “New Mexico Civil Guard” activities and what they are all about:

“2. The so-called “New Mexico Civil Guard” (NMCG) is not an organized police force or an organized part of the military. Nor is it affiliated with or overseen by the Government. Yet this group formed for the claimed purpose of maintaining the peace and both fashions itself and pretends to function as a part of the state military. NMCG’s coordinated, armed, and uniformed presence at public events results in intimidation and creates a chilling effect on the exercise of First Amendment rights to address matters of public concern. NMCG’s attempt to operate as a private police or military unit in Bernalillo County is a per se public nuisance that must be abated to protect public safety, allow the free and open use of public forums, and minimize violent armed confrontations.
… .
5. NMCG has unlawfully exercised and intends to continue to unlawfully exercise the power to maintain public peace reserved to peace officers. NMCG’s membership is not composed of peace officers, and New Mexico law clearly provides that NMCG and its members have no civil or military authority to maintain the public peace.”
… .
“7. This is a case about paramilitary action that threatens public safety and intimidates the public’s exercise of First Amendment rights. It is not a case about gun ownership, gun possession, or self-protection. Importantly, NMCG’s paramilitary activity is not protected by the Second Amendment, and the relief that the State seeks does not run afoul of Defendants’ Second Amendment rights. … .
“8. Nor is this a case about political viewpoints. To the extent NMCG has certain white supremacist ties, their viewpoint heightens the risk of violence at certain public events because of the antipathy they hold for particular groups of protesters. But the threat posed to public safety by paramilitary actions at public demonstrations or gatherings exists regardless of the paramilitary organization’s underlying ideology. Put simply, there is no place in an ordered civil society for private armed groups that seek to impose their collective will on the people in place of the police or the military. … .”

The link to the civil complaint filed is here:

https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/07/State-v.-NM-Civil-Guard-Filed-Verified-Complaint.pdf

https://www.cnn.com/2020/07/14/us/new-mexico-militia-group-lawsuit/index.html

ONLY CERTIFIED LAW ENFORCEMENT AUTHORIZED “TO KEEP THE PEACE”

The New Mexico Civil Guard are not law enforcement and are likely violating the laws that govern peace officers with their actions.

The New Mexico statutory law is very clear as to the definition of a “peace officer”. The law is also very clear that only peace officers are authorized to maintain the peace and make arrests.

It is § 30-1-12(C) (1963) of the New Mexico statutes that defines a peace officer as anyone who is elected or appointed and who is:

“vested by law with a duty to maintain public order or to make arrests for crime.”

https://law.justia.com/codes/new-mexico/2018/chapter-30/article-1/section-30-1-12/

Under §29-1-9 (2006) of the New Mexico statutes the duties, responsibilities and authority to lawfully maintain the peace are expressly reserved to peace officers. The statute provides:

“[N]o person shall assume or exercise the functions, powers, duties and privileges incident and belonging to the office of special deputy sheriff, marshal, policeman or other peace officer without first having received an appointment in writing from a person authorized by law to appoint special deputy sheriffs, marshals, policemen or other peace officers . . . .”

Section §30-27-2.1 of the New Mexico statutes also defines what a police officer is, what impersonating a police officer is and it illegal for anyone to impersonate a peace officer The statute provides:

… [A] “peace officer” means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

Impersonating a peace officer consists of:

(1) without due authority exercising or attempting to exercise the functions of a peace officer; or
(2) pretending to be a peace officer with the intent to deceive another person.
… Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth-degree felony.

NEW MEXICO LAW ENFORCMENT HEAVILY REGUALTED

Much like doctors, lawyers, and teachers, law enforcement in New Mexico is heavily regulated profession. There are minimum qualification and training requirements for all state certified law enforcement. It is the Law Enforcement Training Act that creates the law-enforcement academy to provide a planned program of basic law enforcement training and in-service law enforcement training for police officers.

The academy requires minimum training requirements for certification, and requirements for continuing training “to constantly upgrade law enforcement within the state.” ( NMSA 1978, §§ 29-7-1 to – 15, passed in 1969, and amended through 2020). The statute provides for suspension and revocation of law-enforcement certification based on dishonesty or fraud, the commission of a felony, or violations of law involving moral turpitude. (§ 29-7-13,) NMSA 1978. During the 2020 legislative session, the New Mexico Legislature amended the Act to require revocation of law-enforcement certification for crimes involving the use or threatened use of force. ( NMSA 1978, § 29-7-15)

NEW MEXICO MILITARY HEAVILY REGUALTED

The New Mexico Civil Guard is not military and are not authorized under the law to use military force. The New Mexico Civil Guard is likely violating the laws that govern government militias, the National Guard and the New Mexico state defense force.

Under New Mexico statutory law, entities that are authorized to use military force on the State’s behalf are collectively known as the “militia”. It is Section 20-2-1 of the New Mexico Statues that outlines 3 distinct components of the militias:

A. “Militia” means all the military forces of this state, organized and unorganized, whether active or inactive; but excludes the regularly organized police forces of the state or its political subdivisions and excludes the civil air patrol division.

B. “National guard” means the New Mexico army national guard and the New Mexico air national guard. The national guard is federally recognized and has a dual state and federal character and mission. When used in Chapter 20 NMSA 1978 national guard shall refer to the national guard of New Mexico unless otherwise stated.

C. “New Mexico state defense force” means that part of the militia of the state which is not federally recognized. It is exclusively a state entity. Its standing cadre is a component of the organized militia; its ranks are filled upon order of the governor from the unorganized militia. When used in Chapter 20 NMSA 1978, state defense force shall refer to the New Mexico state defense force.

https://law.justia.com/codes/new-mexico/2013/chapter-20/article-2/section-20-2-1/

Note that 20-2-1 section A makes it clear that militia does not include organized police forces of the state, counties and municipalities all which are separate political subdivisions. Note also that the New Mexico National Guard is federally recognized and can be called or ordered into active federal service ostensibly by the United States Defense Department or order of the President. The State Defense Force is “exclusively a state entity and not federally recognized as is the National Guard. The ranks of the State Defense Force can be filled by the unorganized militia only by order of the Governor. Absent activation into the State Defense Force by the Governor, any unorganized militia lacks authority to operate as a military force.

FUNCTIONS OF NM NATIONAL GUARD AND STATE DEFENSE FORCE

It is not the function of the National Guard nor the State Defense Force to exercise the powers and duties of peace officers. It is New Mexico statutes § 20-2-3, dealing with Military Affairs, that designates the Governor as only one who has the power to call out the national guard and the militia and the statute outlines those instances.

§ 20-2-3 provides:

“A. The governor may, in case of insurrection, invasion, riot or breach of the peace or of imminent danger thereof or in case of other emergency, order into active service of the state the militia or any components or parts thereof that have not been called into federal service.  As used in this section, “emergency” includes any man-made or natural disaster causing or threatening widespread physical or economic harm that is beyond local control and requiring the resources of the state.

B. The governor may also order any member of the national guard to active state service … for the following reasons:

(1) to protect critical infrastructure in the state from a cybersecurity threat or security vulnerability;
(2) to protect an information system owned or operated by the state from a cybersecurity threat or security vulnerability;
(3) to protect information that is stored on, processed by or transiting on an information system owned or operated by the state from a cybersecurity threat or security vulnerability;  or
(4) to identify the source of a cybersecurity threat.

C. A member of the national guard called to active service pursuant to … t Subsection B … shall not have any police powers or arrest authority. … .

D. In case of any breach of the peace, tumult, riot or resistance to process of this state or imminent danger thereof, the sheriff of a county may call for aid from the governor as commander-in-chief of the national guard.  If it appears to the governor that the power of the county is insufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful residents of the county or to overcome the resistance to process of this state, the governor shall, on application of the sheriff, order out such military force as is necessary.

E. When any portion of the militia is called out for the purpose of suppressing an unlawful or riotous assembly, the commander of the troops shall cooperate with the civil officers to the fullest extent consistent with the accomplishment of the object for which the troops were called. … .

F. When any portion of the militia is ordered into active service pursuant to this section in case of an emergency, the militia may provide those resources and services necessary to avoid or minimize economic or physical harm until a situation becomes stabilized and again under local self-support and control, including the provision, on a temporary, emergency basis, for lodging, sheltering, health care, food and any transportation or shipping necessary to protect lives or public property;  or for any other action necessary to protect the public health, safety and welfare.

G. … .

https://codes.findlaw.com/nm/chapter-20-military-affairs/nm-st-sect-20-2-3.html

ORGANIZED AND UNORGANIZED MILITIAS DEFINED

It is §20-2-2 of the New Mexico statutes that defines “organized and unorganized militias” as follows:

“The militia is composed of the organized and the unorganized militia.

A. The organized militia is the national guard and the standing cadre of the state defense force and such parts of the unorganized militia when and as may be activated, enrolled or enlisted into the national guard or into the state defense force.

B. The unorganized militia is comprised of all able-bodied male citizens of the state and all other able-bodied males who have or shall have declared their intentions to become citizens of the United States and are residents of the state who are not less than 18 or more than 45 years of age, but who shall not be more than 64 years of age if they shall have earlier served in or retired from the national guard; subject to … [specific] listed exceptions … .

TRUMP INCITES JANUARY UNITED STATES CAPITAL INSURECTION

On the Morning of January 6, 2021 Der Führer and outgoing President Donald Trump spoke to thousands of his upset and angry supporters in Washington, DC in front of the White House before the Congress was to schedule to accept the electoral college vote as mandated by the United States Constitution.

Trump’s speech was inflammatory and full of lies and he said in part:

“We will never give up. We will never concede. It doesn’t happen. You don’t concede when there’s theft involved. … Our country has had enough. We’re not going to take it anymore.”

“And after this, we’re going to walk down there, and I’ll be there with you, we’re going to walk down … to the Capitol and we are going to cheer on our brave senators and congressmen and women. … And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.”

“You’re the real people. You’re the people that built this nation. You’re not the people that tore down this nation.”

“Now it is up to Congress to confront this egregious assault on our democracy.”

STORMING THE UNITED STATES CAPITOL

Soon after Trump spoke, the angry mob walked to the capital building where congress was proceeding to certify the electoral college vote certifying Joe Biden as the new president. Hundreds of pro-Trump protesters pushed through barriers set up along the perimeter of the Capitol, where they engaged with officers in full riot gear, some calling the officers “traitors” for doing their jobs.

Protesters pushed against metal fences and police using the fences to push protesters back, while other officers reached over the top to club people trying to cross their lines. After the building was breached, the Capitol police officer in the House chamber told lawmakers that they may need to duck under their chairs and informed lawmakers that protesters were in the building’s Rotunda. House members were seen wearing gas masks as they move between Capitol buildings.

An armed standoff took place at the House Chamber front door. Capitol police officers had guns drawn. The House floor was evacuated by police. Vice President Mike Pence was evacuated from the chamber. The protesters gained access to the Chamber and a Trump supporter sat in the chair of the Senate President located on the Senate dais. Other protesters gained access to house offices.

Smoke grenades were used on the Senate side of the Capitol as police worked to clear the building of rioters. Windows on the west side of the Senate were broken, and hundreds of officers amassed on the first floor of the building.

Congressional leaders were evacuated from the Capitol complex and taken to Fort McNair, a nearby Army base in Washington. The display of insurrection was the first time the US Capitol had been overrun since the British attacked and burned the US Capital building during the War of 1812.

https://www.cnn.com/2021/01/06/politics/us-capitol-lockdown/index.html

CITIZEN MILITIA’S LEAD STORMING OF UNITED STATES CAPITOL

On January 19, 2021, the Washington Post reported that according to court documents filed, self-styled militia members from Virginia, Ohio and other states made plans to storm the U.S. Capitol days in advance of the January 6 attack. They communicated in real time as they breached the capital building on opposite sides and talked about hunting for lawmakers.

Federal authorities have charged more than 100 individuals in the riot. The FBI have made arrests of people with alleged ties to far-right extremist groups, including the Oath Keepers, the Proud Boys and the Three Percenters in connection with the January 6 storming of the United States Capital. The arrest suggest that the riot was not an entirely impulsive outburst of violence but an event instigated or exploited by organized groups. Hours of video posted on social media and pored over by investigators have focused on individuals in military-style gear moving together.

The link to the full article is here:

https://www.washingtonpost.com/local/legal-issues/conspiracy-oath-keeper-arrest-capitol-riot/2021/01/19/fb84877a-5a4f-11eb-8bcf-3877871c819d_story.html

According to the Washington Post article, 3 United States military veterans have been charged in connection with the riot. Those veterans are Thomas Edward Caldwell, 66, of Berryville, Va., an apparent leader of the Oath Keepers extremist group, former U.S. Marine Donovan Crowl, 50, and Jessica Watkins, 38, an Army veteran. The three are charged with 5 federal counts of conspiracy against the United States, obstructing an official government proceeding, impeding or injuring government officers and destroying U.S. property, entering restricted grounds and disorderly conduct at the Capitol.

It is alleged that Caldwell and others coordinated in advance to disrupt Congress to disrupt the confirmation of President-elect Joe Biden’s electoral college victory. The criminal defendants are charged with scouting for lodging and recruiting Oath Keepers members from North Carolina and like-minded groups from the Shenandoah Valley. The Oath Keepers claims thousands of members who assert the right to defy government orders they deem improper. The plotters both anticipated violence and continued to act in concert after the break-in, investigators alleged in court documents. FBI papers also say that Caldwell suggested a similar event at the local level after the attack, saying in a message: “Lets storm the capitol in Ohio. Tell me when!”

“In charging papers, the FBI allege that during the Capitol riot, Caldwell received Facebook messages from unspecified senders updating him of the location of lawmakers. When he posted a one-word message, “Inside,” he received exhortations and directions describing tunnels, doors and hallways. … Some messages, according to the FBI, included, “Tom all legislators are down in the Tunnels 3floors down,” and “Go through back house chamber doors facing left down hallway down steps.” Another message read: “All members are in the tunnels under capital seal them in. Turn on gas,” the FBI added.”

https://www.washingtonpost.com/local/legal-issues/conspiracy-oath-keeper-arrest-capitol-riot/2021/01/19/fb84877a-5a4f-11eb-8bcf-3877871c819d_story.html

THE INSURRECTION THEORY OF SECOND AMENDMENT

“Private Militias”, more commonly known by the general public as “Citizen Militias” are loosely defined as “armed military groups that are composed of private citizens and not recognized by the United State Government or state governments.” Upwards of half the states maintain laws regulating private militias. Generally, these laws prohibit the parading and exercising of armed private militias in public, but do not forbid the formation of private militias.

“Legal and political scholars have argued that citizen militias are driven by what is known as the insurrection theory of the Second Amendment. Under this view, the Second Amendment grants an unconditional right to bear arms for self-defense and for “rebellion against a tyrannical government” defined as when a government turns oppressive and private citizens have a duty to “insurrect” or take up arms against their own government.

The U.S. Supreme Court has issued a qualified rejection of the insurrection theory. According to the Court in Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951):

“[W]hatever theoretical merit there may be to the argument that there is a ‘right’ to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.”

Legal scholars have interpreted this to mean that as long as the government provides for free elections and trials by jury, private citizens have no right to take up arms against the government. In states that do not outlaw them, private militias are limited only by the criminal laws applicable to all. In other words, if an armed private militia seeks to parade and exercise in a public area, its members will be subject to arrest on a variety of laws, including disturbing-the-peace, firearms, or even riot statutes.

Links to quoted sources are here:

https://law.jrank.org/pages/10067/Second-Amendment-PRIVATE-MILITIAS.html

https://law.jrank.org/pages/10067/Second-Amendment-PRIVATE-MILITIAS.html#ixzz6RZtSrv00

DEMOCRATS ANNOUNCE CRIME PACKAGE FOR 2022 LEGISLATIVE SESSION

On September 3, seventeen House Democrats, including majority floor leader Javier Martinez and Representatives Antonio “Moe” Maestas of Albuquerque, announced a lengthy list of goals for next regular legislative session that begins January 18, 2022. The legislation is being offered to address the he increase in violent crime in Albuquerque which is seen by the rest of the state as the center of violent crime. Last year, CBS News rated Albuquerque ninth among the top 50 most violent cities in the country. There have been 86 victims of homicide this year in Albuquerque.

Major highlights of the legislation outlined by the Albuquerque area Democrats include the following:

1. Major changes to the state’s pretrial detention system to keep certain individuals charged with violent crimes in jail until trial.
2. Extending prosecutors’ time limit for filing second-degree murder charges.
3. Increasing the criminal penalties for violent crime such as second degree murder. The current penalty for second degree murder is an 18 year basic sentence and is 12 years with mitigating circumstance and 24 years with aggravating circumstances.
4. Create new criminal penalty for failing to safely store firearms out of children’s reach.
5. To address gun violence, the legislators want establish state office of gun violence protection.
6. Place new restrictions or the sale or reduce high-capacity ammunition magazines for automatic weapons.
7. Increase pay levels and provide retention bonuses for law enforcement officers and provide recruitment and retention money and policies for police officers.
8. Crack down on those who own or operate chop shops that sell stolen vehicle parts such catalytic converters in automobiles and a crackdown on property damage in the theft of copper. an
9. Extend statute of limitations for certain violent crimes.
10. Increase funding for crime prevention grant program for local communities for street lighting .
11. Expand youth substance abuse and detox centers and increase the workforce that provides service for mental health and addiction..

COMMENTARY AND ANALYSIS

The “New Mexico Civil Guard” citizen’s militia suing the city for APD’s detention of them over the Onate statute protest detainment can only be described as an effort to intimate and usurp the legitimate exercise of law enforcement powers of APD, the city of Albuquerque and the state of New Mexico. It likely the group views the city as an easy mark they can secure concessions from and perhaps make a quick buck.

Simply put, the New Mexico Civil Guard are nothing more than vigilantes looking for trouble and who actually want a confrontation with law enforcement. Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there to assume the responsibility law enforcement to protect people and property. Such actions amount to vigilantism at its very worst.

OUTLAW OR REGULATE CITIZENS MILITIAS BEFORE SOMEONE GETS KILLED

On September 3, New Mexico House Representatives from the Albuquerque area announced a comprehensive “crime-fighting” package that would include expanded mental health treatment programs and increased criminal penalties. As presented, the proposed legislation includes 16 proposals.

Citizen Militias are not regulated in the State of New Mexico. As part of the “crime fighting package”, the Governor and the legislature should include for consideration the outlawing or regulating citizens militias in the state There is no comprehensive federal law that regulates them under the Second Amendment to the US Constitution.

Those who take it upon themselves to associate and bear arms calling themselves “citizen militias” take it to the extreme when they attend protests fully armed in military attire proclaiming they are there to assume the responsibility law enforcement to protect people and property. Such attendance amounts to nothing but vigilantism.

As things escalate with mass murders and protests, the State of New Mexico and the United State Congress need to enact legislation that defines with more particularity what a “citizen miltia” is and either ban them entirely or regulate all citizens militias.

If the United States Congress, and for that matter New Mexico, does not ban citizen militia’s, a Citizen’s Militia Registration Act needs to be enacted. Citizen militias need to be defined along similar lines of how “gangs” are defined under federal criminal law.

https://nij.ojp.gov/topics/articles/what-gang-definitions

A “citizens militia” needs to be defined as:

“An association of three or more individuals, whose members collectively identify themselves by adopting a group identity employing one or more of the following: a common name, slogan, identifying sign, symbol, flag, uniforms or military apparel or other physical identifying marking, style or color of clothing, whose purpose in part is to engage in the protection of private property and other people. A registered citizens militia may employ rules for joining and operating within the militia and members may meet on a recurring basis.”

A Citizen Militia Registration Act would require citizen militias to:

Allow only American Citizens to be members of a citizen militia.
Register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE) within the United States Department of Justice or in New Mexico with the New Mexico Homeland Security Office.
Require members to register their firearms with the ATFE or State.
Pay yearly regulation fees and firearm certification fees and carry liability insurance.
Identify all their members by name, address and contact information.
Prohibit felons from joining.
Limit their authority and powers so as to prevent militias to engage in law enforcement activities.
Require members to pass criminal background checks and psychological testing.
Mandate training and instructions on firearm use and safety.
Require all militias and its members to agree to follow all local, state and federal laws and apply for permits to attend functions sponsored by others.
Failure to register as mandated would be a felony.

https://nij.ojp.gov/topics/articles/what-gang-definitions

CONCLUSION

The fact that the New Mexico Civil Guard has now sued the City and APD for detaining them regarding their interference with the June 15, 2020 protest is clear warning they have no intentions of stopping their interference with law enforcement.

Under absolutely no circumstances should the city attempt to settle the case and do everything it can to aggressively defend against such a frivolous law suit. Until something is done with the enactment of citizen militia prohibitions or regulations, citizen militias will be nothing more than vigilantes on the hunt using armed intimidation tactics to interfere with people’s first amendment rights as they attempt to assume law enforcement duties and responsibilities and act like military.

New Mexico Governor Michelle Lujan Grisham should add to her call of the 2022 legislative session legislation that will outlaw or regulate citizens militias before they kill someone with their vigilantism.

On November 12, 2014, the city of Albuquerque and the Department of Justice (DOJ) entered into a Court Approved Settlement Agreement (CASA) after the DOJ investigation found a “culture of aggression” within APD and the use of excessive force and deadly force. The settlement mandates 271 APD reforms. The Postscript to this article lists in detail what has been implemented of the reforms over the last 7 years.

On Sunday, September 12 , in two front-page stories in the Albuquerque Journal, APD Chief Harold Medina and the Albuquerque Police Officers Union expressed strong objections and criticisms against the shortages of APD sworn officers, low morale and the Court Approved Settlement Agreement (CASA) mandated reforms. Not surprising on September 19, the Journal Editor’s followed up with and editorial entitled “DOJ REFORM PROCESS READY FOR A DOEOVER”; Albuquerque Needs constitutional policing and more officers on the streets.”

The titles and links to both of the Albuquerque Journal articles are here:

“APD’s thin blue line stretched thinner”
BY: COLLEEN HEILD AND ELISE KAPLAN / JOURNAL STAFF WRITERS

https://www.abqjournal.com/2428378/apds-thin-blue-line-stretched-thinner.html

“APD officers leaving force cite DOJ settlement”
BY COLLEEN HEILD / JOURNAL INVESTIGATIVE REPORTER

https://www.abqjournal.com/2428379/exiting-officers-cite-doj-settlement.html

The link to the Journal editorial entitled “DOJ REFORM PROCESS READY FOR A DOEOVER”; Albuquerque Needs constitutional policing and more officers on the streets is here:

https://www.abqjournal.com/2430195/doj-reform-process-ready-for-a-doover.html

NEWS STORY HIGHLIGHT

The highlights of the data reported by the Journal in its stories can be summarized as follows:

The city budget authorizes up to 1,140 sworn officers. APD Police Chief Harold Medina says the needs 1,200 sworn. As of late July, APD sworn police numbered 939, leaving about 200 positions vacant. Forty-eight cadets are expected to join the ranks by the end of October. The new cadet class will bring the number of vacancies down to 152 vacancies of sworn police.

Excluding supervisors, 404 patrol officers are working the streets in uniform, which is referred to as “field services”. The 404 patrol officers consist of 369 patrol officers and 35 problem response team officers. The 404 is 74 fewer patrol officers than in May 2016. according to an APD staffing plan. The percentage of patrol officers on the streets is less than half of the force, compared with 57% five years ago in 2016.

During the first 8 months of this year, 101 officers have left APD. That compares with 82 departures in 2020 and 58 officers leaving in 2019.

Response times in getting officers to the most life-threatening 911 calls increased over last year. A Priority One call is taking nearly an average of 12 minutes for police to arrive on the scene, which is nearly two minutes longer than in 2020.

EDITORIAL HIGHLIGHTS

The September 20 editorial states in pertinent part to this blog article:

“The police union says too many officers face discipline for minor infractions. Medina says too many are tied up for hours on investigations for even minor use of force. He said a major reason cited in exit interviews by officers who leave before retirement is they are “very fearful of the DOJ and the discipline that has come down through the DOJ process.”
…
Officers who could be on patrol or working property crimes are assigned to internal affairs. Despite bonuses and other efforts, APD is at least 200 officers short of its budgeted level of 1,140. APD had 369 patrol officers in July – down 74 from 2016.
…
The argument Medina and Keller are making now boils down to this: Seven years and more than $26 million into the DOJ monitoring process, we have made significant progress and need to modify the oversight in a way that both guards against the kinds of abuses outlined above and lets us put enough officers on the street to respond to crime and empower them to discourage criminal activity.”

JOURNAL’S FAILURE TO REPORT

Both Journal articles and the editorial completely fail to provide any information on the extent of interference and tactics used by the police union to disrupt and impede the implementation of the DOJ reforms mandated by the Court Approved Settlement Agreement. Absent is any reporting on the recent steps taken by APD to change the disciplinary process of sworn police that are causing low morale nor improvements to the use of force investigation.

“QUOTABLE QUOTES”

In the Journal article “APD’s thin blue line stretched thinner” Chief Medina said that he is contending with officer vacancies throughout the department and that it’s not as easy as just adding more officers to patrol. Medina said:

“The field is short. I wish I had more people for investigations, but we don’t have them. … We still don’t have a property crimes division [in terms of staffing] like we had in 2012. …”

Reacting to officers leaving the department midway through their careers, Medina had this to say:

“We literally had one officer who left to be a security consultant. … I was shocked. He had eight or 10 years in, and [I said] ‘You’re giving all that up?’ He said, ‘Yeah, my family doesn’t want me in law enforcement anymore.’ ”

Medina was also critical of the criminal justice system, the so called “revolving door”, of releasing criminals and mandated police use of force investigations under the consent decree. Medina said:

“What also hurts us, is have you ever thought about the fact that we arrest people over and over, like auto theft. Those cases take a half or whole shift to process the case. Imagine if we had a criminal justice system where we arrested somebody once, maybe even twice and they stayed incarcerated? … So we’re not only losing officer time by having to investigate something a subsequent time [but] we’re also losing officer time through use-of-force investigations related to that hardened criminal we have to use force on.”

In the Journal article “APD officers leaving force cite DOJ settlement”, Medina said that exit interviews with APD officers who leave before they reach retirement show a primary reason for their departures is that:

“They’re very fearful of the DOJ and the discipline that has come down through the DOJ process. … [discipline concerns were] valid for a period of time because discipline was really high. … I didn’t agree with how [the new disciplinary policy] was rolled out [when the disciplinary policy was revised in July.]

REVISING APD DISCIPLINARTY SYSTEM REVISED

In one article, Medina noted that APD adjusted the way it disciplines officers for minor infractions that distinguishes misconduct from mistakes. The Journal failed to report the extent the disciplinary process has been changed.

On September 2, 2021, the Albuquerque Police Department (APD) Compliance and Oversight Division filed its “14th Progress and Status Summary Report”. The report is APD’s version on the progress made in the 3 compliance levels of the settlement. The 14th Progress report covers the period February 1 to July 31, 2021.

SOP 3-46 is a CASA-related policy that APD recognizes as having a significant impact on personnel, establishing requirements for progressive discipline and the use of abeyance as recommended. Standard Operating Procedure (SOP) 3-46 Discipline System was revised and published in July 2021. On multiple occasions, APD worked with both the Independent Monitoring Team and DOJ in this policy’s revision, accepting feedback and making the necessary changes to develop a stronger policy.

According to APD’s report, it has worked diligently on an early intervention system since 2018 and believes the department has come a long way in the development of an in-house system while APD continues with an outside vendor to tailor an early intervention system to meet the department’s needs and requirements. The “Pareto Principle Method”, or 80/20 Rule, which means that 80% of successes or failures are caused by the actions of 20% of employees.

In February 2021 the method was approved by the monitoring team as the statistical application that will be used to measure both acceptable and unacceptable behaviors from officers as outlined in the CASA. The Performance Evaluation and Management System (PEMS) training plan was approved by the Independent Monitoring Team and the DOJ. Training began in August 2021, and is scheduled to be completed in December 2021.

APD USE OF FORCE INVESTIGATIONS

In one article, Medina said the settlement agreement is impacting the amount of time officers can spend fighting crime on the streets and said it requires time-consuming use-of-force investigative processes and staffing for Internal Affairs force investigations. Medina noted that even a show of force, such as an officer pulling out a Taser to try to get a suspect to comply, triggers nearly as lengthy an internal investigation even if the Taser is never fired. Medina put it this way:

“I think the community would be very upset to know [that relatively minor use of force incidents such as forcing a suspect’s hand behind his back can trigger an investigation] … And just imagine, we just lost that officer, the backup officer and a supervisor for five hours while they do a level one force investigation. … It kills me that I had to assign six more individuals to [use of] force investigations but the settlement agreement said we had to.”

A major problem area identified by the monitor in the 13th monitor’s report was failed progress in Use of Force Investigations. According to APD, it has made significant progress with Use of Force investigations. APD reported that In April 2021, it continued to improve the process of tracking policy violations relating to use of force investigations. To ensure use of force reviews are consistently factored into supervisor’s performance evaluations, APD included an additional evaluation process. Based on available data, the process includes the verification of employee performance documents reviews by commanders to confirm any violations related to Use of Force standard operating procedures.

Review and investigation by department personnel are documented within officer performance evaluations. This is needed to ensure the quality of supervisory work is evaluated and documented. APD expressed to the Court and the Independent Monitoring Team the need to clarify the use of progressive discipline and abeyance. Because of that concern, APD took major steps clarify the use of progressive discipline during the 14th monitoring period.

https://www.abqjournal.com/2428379/exiting-officers-cite-doj-settlement.html

RAW DATA PUBLISHED IN 3 MAJOR AREAS DEFECTIVE

The Journal article “APD’s thin blue line stretched thinner” provides data in 3 major areas without reporting the historical background and the astronomical cost to the city. Following is a review of those statistics, the background, and the accuracy of what the Journal reported:

1. NUMBER OF ALBQUERQUE POLICE OFFICERS BY FISCAL YEAR:

It was in 2016 under Republican Mayor Richard Berry that APD hit an all-time low of 821 sworn police. In 2014, and in response to the dramatic decline, the Republican Berry Administration lobbied the New Mexico legislature to change the Public Employee Retirement Association (PERA) to allow APD police to retire and then to return to work and collect both their pensions and new salaries, which is referred to as “double dipping”. Berry’s efforts failed and the APD Academy continued to struggle in its recruiting and hiring of new sworn police.

On September 12, the Albuquerque Journal reported the following number of Albuquerque police officers by fiscal year without reporting pay.

2016: 833
2017: 870
2018: 941
2019: 924
2020: 1,004
2021: 939 (As of July 30)

Source: Fiscal Year 2022 Approved City Budget

The number of police officers in 2021 has declined even further. As of September 18, 2021, a review of APD payroll reflected only 913 sworn officers, from chief to patrol officer’s 2nd class. APD has lost 85 officers since April.

https://www.abqreport.com/single-post/apd-manpower-slip-sliding-away

APD POLICE PAY RATES

Tim Keller was sworn in as Mayor on December 1, 2017. Within 5 months the Keller Administration negotiated a two-year police union contract giving lucrative hourly pay increases and large police longevity bonuses. The pay rates negotiated in 2018 remain in place today and the highest police pay in the city’s history. The pay rates are as follows:

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

LONGEVITY PAY ADDED TO BASE PAY

In addition to the base pay rates, APD police officers are also paid longevity bonus pay added to their pay at the end of the year as follows:

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

In 2018, APD under the leadership of former Chief Michael began an aggressive recruitment of “lateral hires” of experienced officers from across New Mexico with upwards of 75 officers hired, with a lion’s share coming from Rio Rancho where Geier had retired. Most, if not all, of those lateral hires have since retired having boosted their high 3 years for retirement purposes. Mayor Keller referred to the recruitment plan as “poaching.”

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

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

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

2019 AND 2020 LISTS OF 250 HIGHEST PAID CITY HALL WAGE EARNERS INCLUDES 160 SWORN POLICE EACH YEAR

At the beginning of each calendar year, City Hall releases the top 250 wage earners for the previous year. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year.

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

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

APD APPROVED BUDGET AND PERSONNEL NUMBERS

The city employs upwards of 6,400 full time employees to provide the essential services city wide. The Albuquerque Police Department (APD) is the largest budget department in the city out of 27 departments. The 2021-2022 APD Budget provides funding for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions or approximately one fourth of the city’s total of 6,400 employees. It also includes funding for new positions, including 11 investigators to support internal affairs and the department’s reform obligations under the Federal Court Approved Settlement Agreement.

On May 17, the Albuquerque City Council voted unanimously to approve the 2021-2022 APD budget of over $227 million city budget. Last year’s budget also had funding for 1,100 officers, but APD has failed over the last 7 years to reach budgeted staffing levels.

A major failure identified by the Federal Monitor was that APD’s Internal Affairs (IA) was not properly investigating serious use of force instances by APD police officers. On February 26, 2021 a stipulated order creating the new EFIT unit was entered into by the parties. The EFIT is an additional layer of review of uses of force cases by APD sworn. The EFIT team will train APD Internal Affairs (IA) investigators on how to properly investigate uses of force instances by APD police officers. The City agreed that at least 25 force investigators would be assigned to the APD Internal Affairs until APD demonstrates that fewer investigators are necessary to timely investigate uses of force by APD Officers.

Notwithstanding the approved funding for 1,100 sworn police the number of police officers patrolling the streets of Albuquerque is dangerously low. As of July 24, 2021, APD has 940 sworn police according to city personnel records, but only 369 are actually patrolling the streets of the city. The 369 filed service officers are divided into 6 area commands and 3 separate shifts.

According to an August 2 KOAT TV news report, APD patrol staffing is as follows:

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

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

2. APD RETIREMENTS, RESIGNATIONS AND TERMINATIONS

The Journal reported APD retirements, resignations and terminations as follows:

2018: 47
2019: 58
2020: 82
2021: 101 (As of August 1)

SOURCE: APD Human Resources.

Over the last 20 years, APD’s attrition has been a consistent 60 police officers a year. That includes terminations, transfers and police officers who have decided they do not want to be a police officer anymore. Recruitment of new officers has been difficult to the point that APD is now offering “hiring bonuses” worth thousands of dollars as reported above, including $15,000 for lateral hires and $5,000 for new recruits.

3. APD RESPONSE TIMES

According to the Albuquerque Journal Albuquerque September 12 article “APD’s thin blue line stretched thinner”, response times for 911 priority 1 and 2 calls, the most serious, were:

2018: 12 minutes, 37 seconds
2019: 10 minutes, 30 seconds
2020: 10 minutes, 1 second
2021: 11 minutes, 50 seconds

The response times were provided to the Journal by APD.

The response times reported by the Albuquerque Journal are contrary to investigation reports by KOAT- TV 7 and KOB TV 4 reports.

A February 20th KOAT TV Target 7 investigation into APD’s response times revealed an alarming level of time it takes APD to respond to 911 emergency calls. The longer the time it takes for APD to respond to priority 1 and 2 calls increases the likelihood of physical injury and even death.

It was reported that it takes APD 23 minutes longer to get to an emergency call than it did 8 years ago. According to the report, there has been an astonishing 93% increase since 2011 with response times getting worse every year since. In 2011, the average response time to all calls, whether it was a life-or-death emergency or a minor traffic crash was 25 minutes. In 2019, that time period spiked to 48 minutes in the average response time.

The link to the full KOAT TV Target 7 report is here:

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

On August 11, 2021, KOB 4 did a report on APD response times. KOB 4 requested the response times from APD management for Priority 1 calls over the last few years. Priority 1 calls are calls made to 911 and include shootings, stabbings, armed robberies, sexual and aggravated assaults, domestic violence with weapons involved and home invasions. According to the data reviewed the time it takes a dispatch APD officer to get to a crime scene stayed relatively consistent between January 2018 to May 2021.

The response time data obtained by KOB 4 revealed some drastic differences in recent years. In 2018, clearing a crime scene ranged from an hour to 1 hour and 12 minutes. Fast forward to 2021 and APD is averaging more than 2 hours to write reports, gather evidence and interview witnesses, or a full 1 hour longer than three years ago.
The link to the full KOB 4 report is here:

https://www.kob.com/albuquerque-news/abq-4ward-examining-apds-response-times/6204745/?cat=500

NEW 911 PRIORITY CALL DISPATCH SYSTEM

For decades APD had a 3 priority 911 dispatch system. On March 7, 2019, APD announced a major change in the way it was dispatching police officers to 911 calls and expanded priority the list from 3 to 5 categories. Call priorities on the scale of 1 to 5 with 1 being the highest or most important type of call. A major goal of the 5-priority call system is to determine what calls do and do not require a police officer. The goal was to reduce the number of 911emergency calls for service responded to by APD sworn police. The addition of 2 new priority call types did in fact result in the desired just goal of reducing the number of sworn dispatch but also resulted in fewer Felony, Misdemeanor and DWI arrests.

For the Fiscal Years of F/Y 14 to F/Y 20 the total number of 911 calls for service were:

FY/14 # of Calls for service: 518,553
FY/15 # of Calls for service: 518,751
FY/16 # of Calls for service: 547,854
FY/17 # of Calls for service: 564,610
FY/18 # of Calls for service: 580,303
FY/19 # of Calls for service: 543,574
FY/20 # of Calls for service: 524,286

The sure volume of calls for service are staggering and always cited by APD upper command, but are easily misinterpreted. Without clarification, the raw statistics imply that sworn police were sent to every single call or that arrests were made. The numbers must be tempered with the actual number of dispatches of police, the number of sworn and that in turn ultimately result in arrests in 3 major categories of felony, misdemeanor and DWI.

For the Fiscal Years of F/Y 14 to F/Y 20 the total number of calls for service compared to arrests in each of the 3 major categories and the sworn police who were employed in all capacities and positions are as follows:

FY/14 # of Calls for service: 518,553
FY/14: Arrests: Felony 9,507, Misdemeanor 27,127, DWI 2,704,
FY/14: Total Sworn: 913

FY/15 # of Calls for service: 518,751
FY/15 Arrests: Felony 9,049, Misdemeanor 22,639, DWI 2,213,
FY/15 Total Sworn: 879

FY/16 # of Calls for service: 547,854
FY/16 Arrests: Felony 8,744, Misdemeanor 19,857, DWI 1,720
FY/16 Total Sworn: 833

FY/17 # of Calls for service: 564,610
FY/17 Arrests: Felony 9,527, Misdemeanor 18,562, DWI 1,338,
FY/19 Total Sworn: 870

FY/18 # of Calls for service: 580,303
FY/18 Arrests: Felony 11,257, Misdemeanor 19,923, DWI 1,403,
FY/18 Total Sworn: 941

FY/19 # of Calls for service: 543,574)
FY/19 Arrests: Felony 10,945, Misdemeanor 19,440, DWI 1,788,
FY/19Total Sworn: 924

FY/20 # of Calls for service: 524,286
FY/20 Arrests: Felony 6,621, Misdemeanor 16,520, DWI 1,230
FY/20 Total Sworn: 1,004

The links to the approved city budgets from 2007 to 2022 that contain the statistics can be found here:

https://www.cabq.gov/dfa/budget/annual-budget

There was a dramatic decline in the number arrests in 2019 to 2020, the same time when the new priority calls were added. 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 in 2020 than in 2019, yet arrests went down during the first year of the pandemic and response times went up.

SEPTEMBER 6 TRYNA VERBECK PRESS CONFERENCE

On September 6, Tryna Verbeck, the wife of one of the 4 APD officers recently shot pursuing a suspect in an armed robbery, held a press conference and in a very emotional and angry statement called out Albuquerque Mayor Tim Keller and Police Chief Harold Medina as being “equally accountable” for her husband’s shooting.

In response to the Tryna Verbeck Chief Medina issued a very lengthy, convoluted statement. Following are the most pertinent Medina remarks relevant to this blog article:

“There is no doubt that morale among officers was impacted by several issues and events over the past year-and-a-half – from the anti-police protests in 2020, to the challenges of the pandemic and the struggles resulting from mandates by the DOJ settlement. As a result, we have lost officers to retirement or decisions to leave the profession. Those losses compounded the problem of not being fully staffed, even though we have hired hundreds of new officers.

I expressed many of those concerns to the DOJ and the monitors. The pendulum has swung too far in the wrong direction where officers do not feel supported, or that they can do their jobs effectively and safely in all situations. At the same time, we can’t simply move every officer to patrol the streets, as some have suggested. I don’t have the authority to defy a court order. But we have to be honest about the reality we face. My responsibility is to the people of Albuquerque who want us to fight crime while protecting the rights of all individuals.
… . “

The link to quoted source material is here:

https://www.krqe.com/news/albuquerque-metro/i-am-now-your-worst-nightmare-wife-of-apd-officer-addresses-mayor-police-chief/

In response Tryna Verbeck, Mayor Keller released the following statement:

“APD has been under intense pressure to change as a result of the DOJ settlement agreement, the time pressures from ever-changing court rules, and the shortage of officers that persists despite all of our hiring. Officers feel that pressure every day. We started the Metro Crime Initiative to pull everyone together to fix these system-wide problems. We have also expressed our concerns to the DOJ, the court monitors and the federal delegation because we can’t continue to improve if officers do not feel supported. …”

SEVEN YEARS OF POLICE UNION OBSTRUCTION

During the past 7 years Shaun Willoughby and his police union members have done everything they could to undercut the police reforms brought on by the Department of Justice (DOJ) investigation that found a “culture of aggression” and repeated use of deadly force and excessive use of force.

The Federal Court Appointed Monitor has labeled the union interference with the reforms as the “County Casa Effect”. The Federal monitor has defined the Counter Casa Effect as a group of “high-ranking APD officers” who are union members and hold the ranks sergeants and lieutenants and who are thwarting the settlement reform efforts.

In his 10th report Federal Monitor Ginger referred to the group as the “Counter-CASA effect” and stated:

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

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

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

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

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

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

POLICE UNION PUBLIC RELATONS CAMPAIGN TO DISCREDIT REFORMS

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

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

The public relations campaign includes providing an email template for people to use and contact civic leaders. The template says APD has made progress with the reforms and says we are “tired of living in a city filled with murder, theft and violence. … I’m urging you to fight for this city, stand up to the DOJ, and help us save the city we love, before it’s too late. ”
APOA Police Union President Shaun Willoughby described the need for the public relations campaign this way:

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

Right now, the City of Albuquerque capitulates to everything the DOJ wants and that might not necessarily be the right direction for the City of Albuquerque. … You don’t need enemies when you have friends like the city attorney. … We believe that our community deserves better from this police department. … We believe our community deserves better from this consent decree process.”
In a February 11 Target 7 news report Shaun Willoughby, President of the Albuquerque Police Officers’ Association said:

“The whole [reform effort] system is set up to fail and the taxpayers and the people that live in this community like me and my family are the ones that are taking the brunt of [violent crime]. … Really look at this process. … It is absolutely out of control. … The entire department and the processes within it are out of control. Your officers are running out the door. Really look at every single state or agency that’s been involved in this process. … What is happening? Did it bring harmony and trust with the community? I don’t think so.”

On Monday, September 13, when US Attorney General Merrick Garland unveiled new rules governing federal monitors responsible for overseeing police reforms and implementation of court approved settlement reform measures, Shaun Willoughby, the President of the Albuquerque Police Officers Association had this to say:

“They don’t come in here with policies that are considered best practice and a huge blank check book to train police officers … So this whole blue print called the DOJ consent decree and the monitoring process, it’s a joke.”

Links to news sources quotes are here:

https://www.abqjournal.com/2384284/apd-union-launches-campaign-against-doj-oversight.html

https://www.kob.com/new-mexico-news/albuquerque-police-union-starts-campaign-to-push-back-against-doj-requirements/6087348/

https://www.koat.com/article/as-murder-rate-climbs-apd-union-launches-campaign/36257496
https://news.yahoo.com/apd-union-launches-campaign-against-040100177.html

https://www.kob.com/albuquerque-news/doj-releases-new-rules-for-cities-under-consent-decree/6237220/?cat=500

On Friday, August 20, Police Union President Shaun Willoughby was quoted as saying:

“It’s officers that are hesitating to do their job because they don’t want to get in trouble … It’s the brazen acts of criminals that know that Albuquerque police officers are handcuffed … We have stepped away and de-policed this city. … .

The link to the quoted news source material is here:

https://www.abqjournal.com/2421142/california-man-charged-in-shooting-of-apd-officers.html

In an interview with KOB 4, Police Union President Shaun Willoughby said increases in deadly situations involving police is frustrating and angers his union membership. He also increased his false political rhetoric laying blame for the violent crime in the city and said:

“We’ve been telling this community that this was going to happen. … I believe that the violent crime and the uptick of violent crime is directly related to this police department being de-policed and having policies where they are not able to do their job. … We have de-policed the city of Albuquerque to the extent where officers carry around a little card with a list of misdemeanors that they can’t even arrest people on.”

NEW RULES GOVERNING FEDERAL MONITORS

On Monday, September 13, during an online speech to the International Association of Chiefs of Police, United States Attorney General Merrick Garland, unveiled new rules governing federal monitors responsible for overseeing police reforms and implementation of court approved settlement reform measures. The new rules include setting limits on federal court appointed monitor’s tenure, budgets for their services and requiring them to undergo more training.

5 PRINCIPALS, 19 ACTIONS

Since Garland was appointed Attorney General, the Department of Justice (DOJ) has undertaken “pattern or practice” investigations of police departments in Minneapolis, Louisville and Phoenix. It was in 2013 that such an investigation occurred with the Albuquerque Police Department. The DOJ found that APD engaged in a pattern of “excessive use of force” and “deadly force” and a “culture of aggression”. The DOJ investigation of APD resulted in a Court Approved Settlement Agreement (CASA) entered into by the City and the DOJ mandating 271 police reforms.

The biggest and most pervasive complaints involving the settlement agreements are that they go on, and on for on years, they harm police morale and frustrate community residents. Monitoring teams, such as what Albuquerque has, are usually composed of former police officials, lawyers, academics and police-reform consultants. The monitoring teams typically bill local taxpayers between $1 million and $2 million per year. In Albuquerque, Federal Court Appointed Monitor James Ginger has been paid upwards of $8 million over the last 7 years and his team has prepared 13 Independent Monitor’s Report filed with the federal court. Each time a report is release, the Federal Court has an all-day briefing in the case.

The Department of Justice said in a press release:

“The department has found that – while consent decrees and monitors are important tools to increase transparency and accountability – the department can and should do more to improve their efficiency and efficacy. The Associate Attorney General [Vanita Gupta] has recommended – and I have accepted – a set of 19 actions that the department will take to address those concerns.”

Associate Attorney General Gupta for his part had this to say:

“Consent decrees have proven to be vital tools in upholding the rule of law and promoting transformational change in the state and local governmental entities where they are used. … The department must do everything it can to guarantee that they remain so by working to ensure that the monitors who help implement these decrees do so efficiently, consistently and with meaningful input and participation from the communities they serve.”

The 19 actions are outlined in the memo released released by the DOJ. There are 5 principals outlined in Gupta’s memo that will require future monitorships of state and local governmental to meet. Those principals are:

1. Monitorships should be designed to minimize cost to jurisdictions and avoid any appearance of a conflict of interest.
2. Monitors must be accountable to the court, the parties and the public.
3. Monitors should assess compliance consistently across jurisdictions.
4. Sustained, meaningful engagement with the community is critical to the success of the monitors.
5. Monitoring must be structured to efficiently move jurisdictions into compliance.

The new rules and principals announced by Attorney General Garland for the federal monitoring of consent decrees are the first time the Department of Justice has taken action to deal with pervasive criticism that consent decrees go on and on indefinitely with no end in sight, cost way too much and have a major impact of local law enforcement.

The Keller Administration made it known it has been meeting with the DOJ over the past few months and is already taken steps and intends to ask the New Mexico Federal Court assigned the case to apply the principles to the City’s consent decree is a major development. It creates the opportunity for the city to move forward and ask for further relief from the court to modify the existing consent decree. The city should ask for a termination hearing and ask for a dismissal of the case or a significant reduction in the monitoring.

https://www.petedinelli.com/2021/09/14/att-general-garland-announces-new-rules-for-federal-monitoring-of-consent-decrees-city-and-apd-react-police-union-president-shoots-off-big-mouth/

COMMENTARY AND ANALYSIS

All you get from Mayor Keller, APD Chief Medina and Police Union President Shaun Willoughby is perpetual harping and complaining about how shorthanded APD is, how morale is at an all-time low and how the DOJ consent decree is the problem. The complaints are perpetual after the City Council gives APD $227 million dollar budget, virtually every cent of the millions that they have asked for, yet APD has upwards of 200 sworn police vacancies. The lions share of the $227 million dollar budget goes to pay APD sworn police making them some of the best paid in the country with one of the most lucrative retirements in the country.

What makes the Albuquerque Journal articles misleading is that both articles fail to disclose the extent of the financial resources that have been dedicated to APD for the past 4 years. There was absolutely no acknowledgement nor admission in the Journal articles by Mayor Keller, Chief Medina nor the Police Union that many of the problems complained about the Department of Justice reforms fall squarely on the shoulders of Mayor Keller, Keller’s appointed APD Chief Medina and his 3 Deputies and the Police Union leadership and their resistance to the DOJ reforms. It is their actions, failures to act, resistance and negligent personnel management that are the real causes of the problems they complain about, especially with the DOJ reforms. All of the complaints and problems have been going on for the past 7 years, before the pandemic and before the national movement of police scrutiny and accountability of police misconduct.

POLICE UNION HAS NEVER SAID WHAT DOJ REFORMS INTERFERING

The police union leadership have said in the past and in open court that the mandated reforms under the consent decree are interfering with rank-and-file officer’s ability to perform their job duties. According to Police Union President Sean Willoughby, police officers are afraid to do their jobs for fear of being investigated, fired or disciplined. The police union has never articulated in open court and in clear terms exactly what it is about the reforms that are keeping rank and file from “doing their” jobs.

What the union has been doing for the last 7 years is disrupting the reform process. Instead of fighting the consent decree, the police union should have embraced the reforms from the get go and helped to implement them.

It’s likely what the police union feels what is interfering with its membership from doing their jobs includes the following mandated reforms:

1. The mandatory use of lapel cameras by APD.
2. APD police can no longer shoot at fleeing cars.
3. APD police can no longer use “choke holds” to subdue suspects.
4. APD police need to use less lethal force and not rely on the SWAT unit.
5. APD police must use de-escalating tactics.
6. All APD officers must be trained in crisis intervention.
7. APD management must now hold all subordinate police officers accountable for all levels of violations of standard operating procedures.
8. Sworn police do not like or oppose the Ethical Policing is Courageous (EPIC) program which trains officers to support peer intervention. The EPIC program has evolved into the Active Bystander for Law Enforcement (ABLE) project, which trains officers to support peer intervention. ABLE aims to create a police culture in which officers routinely intervene to prevent misconduct, avoid police mistakes, and promote officer health and wellness. Old guard police officers likely view the ABLE system as a “snitch” program where officers turn on fellow officers or partners.
9. Subordinate police officers believe that many standard operating procedures (SOPs should not be enforced as being to petty or serving no useful function. Examples would be SOPs on grooming restrictions, prohibition against eating or smoking in assigned units.
10. The mandatory “paper work” associated with any degree of use of force is too cumbersome.
11. APD Police officers are required to intervene when they witness and are concerned about other officers use of force.
12. Mandatory notification to superiors for investigation by police officers who witness another officer’s “excessive use of force” or violations of CASA reforms.

The Police Union and critics of the Federal Monitor have said that the monitor is “nitpicking” when the monitor points out specific incidents of APD management’s failure to enforce standard operating procedure. The policies are APD’s policies, not the monitors. Answering the charge of “nitpicking”, why bother having the policies if officers are not going to follow them and management refuses to enforce them.

A FAILURE TO ARREST OR REFUSAL TO ARREST

Based on the statistics for the budget years of 2019 and 2020, a very strong argument can be made that crime is up because APD is not doing its job of arresting people. This point is painfully clear in the statistics that arrests for both felony and misdemeanor offenses are down dramatically. APD statistics for the budget years of 2019 and 2020 reflect the field officers, who are all union membership, are simply not arresting people.

APD CHIEF HAROLD MEDINA

APD Chief Harold Medina told Tryna Verbeck in part in response to her press conference:

“The pendulum has swung too far in the wrong direction where officers do not feel supported, or that they can do their jobs effectively and safely in all situations. At the same time, we can’t simply move every officer to patrol the streets, as some have suggested. I don’t have the authority to defy a court order.”

Absolutely no one is asking Chief Medina to defy a court order. To be blunt, it is his department after he squeezed out former Chief Michael Geier. Medina now has complete management and control over APD. The control includes the department’s $227 million dollar budget, all of its resources and personnel. Medina has the power to reorganize the department and make appropriate changes and assignment of personnel as he sees fit. Even after being fully budgeted for 1,100 sworn police for the last 4 years, APD has failed to recruit, train and hire.

Instead of exercising authority and managing the department, both Keller and Medina prefer to lay blame on the lack of personnel and the CASA reforms. Chief Medina has been part of APD’s upper command staff, including being the Deputy Chief of Field Service dealing with personnel assigned to the field since the day Keller was sworn in as Mayor on December 1, 2017. For the past 4 years, Medina knew what was wrong with the staffing and assignment levels and yet did nothing other than to undermine former Chief Michael Geier in order to replace him.

NEW RULES GOVERNING FEDERAL MONITORS

The fact that the Keller Administration has already taken steps and intends to ask the New Mexico Federal Court assigned the case to apply the principles to the City’s consent decree is a major development. It creates the opportunity for the city to move forward and ask for further relief from the court to modify the existing consent decree.

The city should ask for a termination hearing to present evidence of what is going on within APD and ask for a dismissal of the case or a significant reduction in the monitoring given what has been implemented.
_________________________

POSTSCRIPT

The consent decree was negotiated to be fully implemented during a 4-year period and then after two years of compliance dismissed. Over 7 years have now elapse and APD is still struggling to implement the all 271 mandated reforms agreed to by the City and APD in 2014.

CASA REFORMS IMPLEMENTED

On November 14, 2020, it will be 6 full years that have expired since the city entered into the CASA with the DOJ. Based on a review of the Federal Monitor’s reports and news reports, the City and APD have completed the following 15 mandated reforms under the Court Approved Settlement Agreement:

1.After a full year of negotiations, new “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.
2. All sworn police officers have received crisis management intervention training.
3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.
6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques and de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police having received training.
7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
9. The Repeat Offenders Project, known as ROP, has been abolished.
10. Civilian Police Oversight Agency has been created, funded, fully staffed and a director hired.
11. The Community Policing Counsels (CPCs) have been created in all area commands and the CPCs meet monthly.
12. The Mental Health Advisory Committee has been implemented.
13. The CASA identified that APD was understaffed. The City and APD are spending $88 million dollars, over a four-year period, with 32 million dollars of recurring expenditures, to hire 322 sworn officers and grow the department to 1,200 officers. As of January 1, 2020, APD has 949 full time police officers, up from 878 sworn police. The expansion thus far is attributed primarily to hiring from other departments and returning to work APD retirees.
14. Under the terms and conditions of the CASA, once APD achieves a 95% compliance rate in 3 compliance areas, and maintains compliance for 2 years, the case can be dismissed. For the purposes of the APD monitoring process, “compliance” consists of three levels: primary, secondary, and operational compliance levels. In the 11th audit report that covered the time period of August 1, 2019 and ended in January 31, 2020, the federal monitor found APD was 100% in primary compliance, no change from 10th report, a 93% in secondary compliance, a change of 14.8% from the 10th report, and 66% in operational compliance, a change of 3%.

Links to related blog articles are here:

APD Police Union Spends $70,000 To Discredit Federal Court Order After Impeding And Resisting APD Reforms For 6 Years; Tactic Likely Grounds For Contempt Of Court By A Party For Interfering With Court Order

APD Personnel Meltdown Continues; Staffing Shortages Prompt $15,000 Recruitment Bonuses; APD Shift Changes Announced

US Attorney General Garland Announces New Rules For Federal Monitoring Of Consent Decrees; City And APD React; Police Union President Shoots Off Big Mouth

This is a guest 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.

HEADLINE: People, Politics and the Profession; A Humanized March Contemplates the Future

My first job was working for the Albuquerque Publishing Company, delivering copies of the Albuquerque Tribune to homes in the far Northeast Heights.

Every day, after school—and on Saturday afternoons, too—my brother and I would pick up 420 copies of the Trib from a fellow named Joe Archuleta. We’d roll the papers up with rubber bands and spend the next four hours distributing them to humans who enjoyed reading the latest in Albuquerque news.

One of my favorite customers was an elderly gentleman named George Savarese. He’d come out of his house every day to greet me and talk about what was in that day’s Home Edition of the Albuquerque Tribune.

Mr. Savarese told me he appreciated our conversations about local politics; he didn’t talk to anyone much anymore, but liked to write letters to Ralph Looney, the paper’s editor. He counseled me to do the same, saying writing would give me an opportunity to tell more people about the ideas we would discuss on his front lawn as roadrunners sprinted by and the late-summer sun bathed the city in a warm, golden glow.

Anyway, I wrote a couple letters to Looney. He published them on the letters page and then wrote me back in the fall, asking if I would like to be an intern at the Tribune or Journal. By the time I was 16, I was working in both newsrooms, but, because of my school schedule, most of the action I saw was at the Journal.

At the Albuquerque Journal, I got to work with folks like Tom Harmon and Jim Belshaw. It was fun and a great learning experience. I wrote all sorts of articles for the Youth page in the Trends section. At the Albuquerque Tribune, when the opportunity arose, I chased copy up and down the stairs for Howard Bryan and Looney.

Looney was an interesting, super-informed generalist. He also wrote a column that featured a fictional character named Feedlot Joe. Looney used his literary invention to candidly and successfully speak to many issues that might otherwise have been anathema to the Trib’s older, more conservative readership.

More importantly, Looney was a champion journalist, to his readers, publishers and staff. Upon his death, veteran Tribune reporter Howard Bryan wrote, “He knew what interested people. Looney was interested in the history of the state as well as the news of the day. And he took a personal interest in the people who worked for him. We weren’t just bylines to him.”

[“Ralph Looney Obituary”, September 8, 2000, in The Albuquerque Journal. http://obits.abqjournal.com/obits/show/120692]

That brings us to the overarching theme—as well as offering some insight into the inspiration for the narrative style contained therein—of today’s guest column. A grand tip of the hat then, to Mr. Looney. Without him, there would never have been a Feedlot Joe nor an August March.

COOKING WITH AUGIE

The other day I happened to be Downtown purchasing gasoline when I turned and saw a large, soundless puff of smoke appear in the distance behind me. I swear by hizzoner Tim Keller’s love for sportsball that, at first, I feared the growing apparition in my rearview mirror might be some sort of demonic visitation; perhaps Manny Gonzales had finally succeeded in getting some private funding after all and now Ol’ Scratch was here in town to check things out, you know, collateral-wise.

Of course, I was wrong about that. Gonzales ain’t about to walk down to the crossroads anytime soon; there would be too much of a chance that he might run into his mentor—an association he wants voters to forget all about as Election Day approaches.

[“Sheriff’s visit to Trump White House draws ire”, by Elise Kaplan in the Albuquerque Journal, July 22, 2020:

https://www.abqjournal.com/1478217/sheriffs-visit-to-trump-white-house-draws-ire.html]

Anyway, it turned out the smoke was just August March getting ready for work. I know this to be true because—following my deepest journalistic instincts—I tracked down the billowing formation and had a word or two with the old lunatic.

“What have you been up to, compadre?” I gravely inquired, as I approached March. Fanning the voluminous smoke away with my bare hands, I noticed he was wearing a chef’s uniform.

“Well, sir, I’ve plumb given up on all that journalism and PR stuff I was telling you about earlier this summer.”

“You mean that time you galumphed outta some other dimension to complain to me about your suffering at the hands of merciless capitalists? Yes, I vaguely recall …”

“Well, hombre, I have no reason to complain now; as you can see, I am fixing to spend a luxurious and profitable day cooking up Italian food for the masses.”

“I sorta get that. How did that happen and what about your expanding career as a media expert?”

“It’s the job market, brother. Restaurants all over this town are hungry for intelligent, hard-working individuals. Meanwhile, industries like the press and public relations realms seem to be beleaguered with uncertainty. Heck, I applied at all sorts of places that said they wanted a communications manager or something like that. A few places even interviewed me more than once. The funny thing is that I never heard back from any of them.”

[Restaurant Industry Shows Signs of Strong Recovery, But Sales Remain Down By $110 Billion from Pre-Pandemic Projections”, by Alicia Kelso, in Forbes, August 31, 2021.

https://www.forbes.com/sites/aliciakelso/2021/08/31/restaurant-industry-showing-strong-recovery-but-sales-remain-down-by-110-billion-from-pre-pandemic-projections/?sh=4386af766336]

[Longtime publication SF Weekly shutters ‘indefinitely’ after decades in San Francisco”, by Joshua Bote in the SF Gate, September 10, 2021. https://www.sfgate.com/sf-culture/article/sf-weekly-alt-publication-shuts-down-indefinitely-16450041.php]

“C’mon, Augie, didn’t you at least try and reach out to them?”

“What’s the point? If they really were serious, you can damn well bet they’d call, and I can prove that if you let me tell you about my new job.”

A COMMUNITY OF WORKERS

“Go on, Augie.”

“After I waited for a few weeks to hear from three different professional jobs that I interviewed for, I decided to take matters into my own hands and so stopped in at a local joint that had a help wanted sign on the door. The manager was friendly and accommodating. They found out I had a college degree, did a thorough background check and then called me the next morning with a training schedule.”

“And you don’t mind doing that kinda work, even after getting to hang with and write about this town’s high and mighty?

“Heck no. It’s good, hard work; I can get lost in it. I don’t have to use any of the abstruse intellectual or artistic tools at my disposal; it’s very zen, very pure, a sort of kind ego annihilation, making food for others. Then when I get home, I’ve got all that creative urge stored up and can use it to write interesting stuff and make awesome paintings and sculptures.”

“Is it a lot different than the other jobs you’ve had?”

“Mostly. Though it sorta reminds me of the time I worked as a projectionist. Everyone works together, people from all walks of life. So far, there’s no sign of climbers or bullies or racists. People in the kitchen talk honestly, they are blunt but respectful. Here’s an example: At my last job, a young writer in my department, for Crissakes, used to bully me relentlessly because she wanted my job so badly. She would aggressively call my cellphone daily to ask if she could have my desk and computer. The situation became unpleasant enough that I often chose to work from home rather deal with her inappropriate behavior. Meanwhile, at my new job, they just hired an 18-year-old dishwasher. After they introduced themself, they kindly asked if I would mind demonstrating some basic cookery skills, since they wanted to be a cook, and it seemed like I knew my way around the place.”

“WHAT ABOUT YOUR CAREER?”

“Well, me and the missus did a soft launch of our nascent PR firm last year. That’s doing pretty, pretty good; we’ve even got us a couple of for-realz rocanrol star clients and we’ve been economically self-sufficient for a long time. But the truth is that the pandemic plumb near wiped us out, physically, emotionally and economically. That’s something that the folks over at these professional jobs I applied for just don’t seem to get, especially the ones run by affluent citizens. I think restaurants get it because they’re in the business of feeding people.

Don’t get me wrong, Carrillo. If I had my druthers, I’d be working as a reporter or information officer. But I ain’t going back to any places that don’t practice transparency, don’t put the workers first, don’t foster a real sense of community or places that tolerate unprofessional behavior from the overly ambitious because they are young and have “potential.” I never want to be just a byline, ever again. And I’m gonna let the Tao do its work this time. Maybe someone will call after all, someday. Besides, I make a mean Neapolitan pie.”

“Well, that sounds like a plan. Now, how do you feel about anchovies? … And do you think choices like that might somehow come into play during the home stretch of the upcoming mayoral election?”

You know, I’ve said all along that there is something fishy going on with this year’s race and, in fact, if people around here don’t like that sort of salty accoutrement—and they still feel the urge to vote—they can always write my name in! How’s this for a campaign slogan: ‘A steamin’ bowl of fresh fettuccini or a large 3-topping pie in every pot!’”

“Now you’re cooking, dude.”

On Monday, August 16, Governor Michelle Lujan Grisham announced that she had order 35 New Mexico State Police ( NMSP) officers to begin “proactive operations” and crime suppression operations in the Albuquerque area starting on Tuesday, August 17. The State Police were sent to the city in the wake of the killing of 13-year-old, eighth grader Bennie Hargrove being shot and killed at Washington Middle school by another student as well as the city breaking the all-time homicide rate with 81 murders, New Mexico Governor Michelle Lujan Grisham sent 35 New Mexico State Police Officers to the city.

The assignment of State Police was the second time in as many years that the Governor has ordered state police to the city. The first time had 50 State Police officers from around the state target specific Albuquerque neighborhoods to fight violent crime. The end result was 14,674 traffic stops and 738 arrests at a price tag of around $1 million. The first State Police initiative resulted in accusations of heavy-handed policing and shootings during the operation and resulted in local leaders and advocacy groups to criticize the effort.

The second time is dramatically different. It was in May, 2019 following the shooting of the University of New Mexico baseball player Jackson Weller outside of a Nob Hill bar that 50 state police officers were pulled from communities all over the state and patrolled the metro for two months. The state police arrested 738 people and doing more than 14,000 traffic stops. The 35 state police being sent this time will be tasked with concentrating on outstanding warrants for violent crimes.

The recent 35 NMSP officers were assigned to a 3-week-long operation in Albuquerque. State Police Officers have conducted operations along I-25 and I-40 in Bernalillo County. They were on highways during peak traffic hours. The operation involves 35 officers, 25 of whom were already working in and around Albuquerque, and is similar to the “Metro Surge Operation” in the summer of 2019. Currently, 42 state police officers are stationed in the metro area, but they patrol the area from Bernalillo to Los Lunas and Grants to Edgewood. The 35 State Police concentrated exclusively on Albuquerque.

The NMSP have been working with the New Mexico Department of Corrections and Adult Probation and Parole Department. The state department has worked together to target criminals who have outstanding warrants for violent crimes and are believed to be involved in ongoing criminal activity in the city.

Governor Michelle Lujan Grisham had this to say in a statement:

“We know from our last effort there were a lot of arrests made. We think this is going to make an impact and we’re going to continue to go after fugitives right and we’ve got felony warrants, people out. It takes all of us working together to get these people picked up and held.”

Tim Johnson, Chief of the New Mexico State Police, had this to say in a news release:

“Proactive crime suppression efforts can help solve crimes and often help prevent crime in the Albuquerque Metro area. … “Citizens have described the driving on the interstates in Albuquerque as chaotic, often leaving them feeling unsafe or frightened. Shootings, murder and overall violent crime feels like a daily occurrence in the metro, we hope our plan can help slow this trend.”

160 ARRESTS

On September 14, it was reported that the New Mexico State Police arrested nearly 100 people on felonies during the agency’s ongoing operation combatting crime in Albuquerque. According to Governor Lujan Grisham’s spokesman Tripp Stelnicki, NMSP officers have made 93 felony arrests and 67 misdemeanor arrests since August 16 when the Governor announced the State Police initiative. Stelnicki said 58 of those arrested on felonies were people with “violent criminal histories.”

The tactical response began August 17. NMSP plans to resume its targeted efforts throughout the county and metro area for at least one additional week after the conclusion of the New Mexico State Fair.

The New Mexico State Police report the following as part of the tactical response:

13 stolen vehicles recovered
21 DWI arrests
160 total arrests, including felonies and misdemeanors; this number includes 58 arrested individuals with violent criminal histories
15 narcotics seizures, including methamphetamine, heroin and fentanyl
6 illegal firearms recovered

NEW MEXIO OFFICIALS REACT

Governor Lujan Grisham said in a statement that the operation has “made a real difference” in combating crime in the Albuquerque area and had this to say:

“I believe state police officers have made a real difference in these few weeks. This targeted effort has brought in dozens of offenders with violent criminal histories, and that is and must continue to be our North Star in combating crime in our state: Keeping as many of the worst of the worst off of our streets as we possibly can. It’s why I will support a significant investment in hiring 1,000 new community-oriented officers statewide in the upcoming legislative session. And it’s why I will support a rebuttable presumption for violent offenders, because bail reform is necessary to help our officers and criminal justice system prioritize the repeat and violent offenders who have no business on our streets. I look forward to continued good work from our committed officers, and I thank them, and their partners throughout the criminal justice system, for their ongoing service to New Mexico.”

Public Safety Secretary Jason Bowie had this to say:

“This metro operation is an outstanding example of the continued commitment to statewide law enforcement support provided by the Department of Public Safety and the New Mexico State Police. … Effective partnerships between law enforcement and community stakeholders are crucial to public safety. The dedication and commitment exhibited in this partnership was vital and has not gone unnoticed. More work is still ahead of us.”

State Police Chief Tim Johnson said in a press release had this to say:

“By arresting violent fugitives who were wanted on charges including aggravated assault, armed robbery, and drug distribution, we not only take repeat offenders off the street, but we are also able to derive valuable intelligence that help solve additional crimes and take down larger criminal operations in the area.”

Tripp Stelnicki, a spokesman for the Governor’s Office, said in a statement that Lujan Grisham is committed to addressing violent crime in a multi-pronged way that involves the justice system and other key agencies and said:

“The governor believes addressing violent crime requires an entire criminal justice system — from cities and counties to beat cops and courts — working together to find and arrest and bring to justice violent offenders.”

Links to quoted source material are here:

https://news.yahoo.com/state-police-unit-helping-albuquerque-150300292.html#:~:text=State%20police%20reported%2093%20felony,officers%20have%20recorded%20160%20arrests.

https://www.krqe.com/news/crime/nmsp-make-almost-100-felony-arrests-during-tactical-operation/

https://www.abqjournal.com/2429166/state-police-operation-nets-93-felony-arrests.html

https://www.grantcountybeat.com/news/non-local-news-releases/67404-state-police-tactical-response-in-bernalillo-county-nets-almost-100-felony-arrests-targeting-violent-offenders

https://news.yahoo.com/state-police-unit-helping-albuquerque-150300292.html#:~:text=State%20police%20reported%2093%20felony,officers%20have%20recorded%20160%20arrests.

NUMBER OF APD ARRESTS LAST 7 YEARS

When it comes to the Albuquerque Police Department, arrests are broken down into 3 major categories: Felony Arrests, Misdemeanor Arrests and DWI Arrests. The number of Felony Arrest, Misdemeanor Arrests and DWI Arrests for APD over the last 7 years can be gleaned from all the fiscal year budgets.

For the Fiscal Years of F/Y 14 to F/Y 20 the total number of arrests in each of the 3 major categories are as follows:

FY/14 Arrests: Felony 9,507, Misdemeanor 27,127, DWI 2,704
FY/15 Arrests: Felony 9,049, Misdemeanor 22,639, DWI 2,213
FY/16 Arrests: Felony 8,744, Misdemeanor 19,857, DWI 1,720
FY/17 Arrests: Felony 9,527, Misdemeanor 18,562, DWI 1,338
FY/18 Arrests: Felony 11,257, Misdemeanor 19,923, DWI 1,403
FY/19 Arrests: Felony 10,945, Misdemeanor 19,440, DWI 1,788
FY/20 Arrests: Felony 6,621, Misdemeanor 16,520, DWI 1,230,

The links to the approved city budgets from 2007 to 2022 that contain the statistics can be found here:

https://www.cabq.gov/dfa/budget/annual-budget

2022 ADOPTED APD BUDGET CONTAINS TOTAL APD ARRESTS FOR 2019 AND 2020

The City’s 2022 adopted budget contains APD’s arrests statistics for 2019 and 2020. APD’s budget is a performance-based budget and the department is required to submit a number of statistics to justify its budget. Arrest numbers for felonies, misdemeanors as well as DWI are reported in the budget.
The link to the budget is here:

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

Following is the breakdown of arrest for the years 2019 and 2020:

NUMBER OF FELONY ARRESTS:

2019: 10,945
2020: 6,621

NUMBER OF MISDEMEANOR ARRESTS

2019: 19,440
2020: 16,520

NUMBER OF DWI ARRESTS

2019: 1,788
2020: 1,230

TOTAL NUMBER OF ARRESTS FOR 2019: 32,173
TOTAL NUMBER OF ARREST FOR 2020: 24,371

2022 APD Budget, page 151:

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

COMMENTARY AND ANALYSIS

The arrest of 160 criminals, which included 50 violent criminals, is much appreciated by APD and the public but given the sure volume of arrests made in Albuquerque a year, it is a real stretch of the imagination for the Governor and other law enforcement state officials to believe the arrest of 160 felony and misdemeanor criminals is a major accomplishment. It is more like 160 grains of sand in and entire bucket of sand. The blunt truth is that those arrests will not have much of a major impact on the city’s crime rates. They are kidding themselves and the public if they believe 160 arrests will have and impact when APD makes 24,000 to 32,000 arrests a year. To have an impact on crime there needs to be sustained operations and tactical plans for at least a full year. A 2 to 3 week period of arrests during a major event such as the State Fair or for that matter the International Balloon Fiesta will have little if any effect.

If Governor Michelle Lujan Grisham is truly committed to have an impact on Albuquerque’s high crime rates, she should advocate that the 1,000 sworn police she wants funding for be permanently assigned to the city of Albuquerque. Now THAT would make difference! With that many added police officers patrolling the streets of Albuquerque and being proactive making arrest, crime rates would go down dramatically.

On Friday, August 28, during a Legislative Finance Committee (LFC) held in Taos, it was revealed that the State is experiencing an all-time high windfall of more than nearly $1 billion higher than what was projected in February of this year. The estimates released to the legislative committee by executive and legislative economists project that New Mexico will have nearly $1.4 billion in additional money in the coming year. The $1.4 Billion is the the difference between expected revenue and the state’s current $7.4 billion budget. The cause of the windfall is surging oil and natural gas production and a rise in consumer spending.

The projected revenue total does not include more than $1.5 billion that will automatically flow into a state “rainy day” fund and an early childhood endowment fund over the next two years. It also does not include the $1.75 billion in federal relief funds that have only been partially earmarked by the Lujan Grisham administration.

According to a report to the Legislative Finance Committee:

“Revenues are up $851.3 million from the February 2021 estimate, due primarily to higher-than-expected gross receipts tax and income tax collections that accompanied increased consumer spending and growth in high- and mid-wage employment in the first half of 2021. … Additionally, strong recovery in the oil and gas markets are pushing severance tax and federal royalty collections well above their five-year averages, resulting in large transfers to the newly created early childhood trust fund.”

REVENUE PROJECTIONS

Two separate funds were created by the New Mexico Legislature to ensure that there is adequate funding to continue to provide essential services and deal with bad economic times such as when the pandemic hit and at the same time state revenues plummeted as a result of the oil boom bust.

The two funds are the Tax Stabilization Fund and the Early Childhood Trust Fund.

The Tax Stabilization Reserve Fund is referred to as the “rainy day fund”. It was created by the legislature in 2017. The revenues for the fund come from royalties or tax collections on the oil and natural gas industries that exceed a five-year rolling average.

The Early Childhood Trust Fund was created by the legislature in 2020 at the insistence of Governor Michelle Lujan Grisham. The funds revenue source is the same revenue source when total state cash reserves amount to 25% or more of the state’s approved spending level. Funds also come from mineral leasing payments on federal land. The trust fund makes annual distributions to help fund early childhood programs statewide, a major priority of the Lujan Grisham Administration.

According to the Legislative Finance Committee, both funds are projected to spike considerably over the next 2 fiscal years with the following projections made:

TAX STABILIZATION RESERVE:

Fiscal year 2021: $1.8 Billion Fiscal Year 2022: $2.2 Billion Fiscal year 2023: $2.3 Billion

EARLY CHILDHOOD TRUST FUND:

Fiscal year 2021: $334.7 Million Fiscal Year 2022: $505.4 Million Fiscal year 2023: $283.6

Note that based on revenue estimates released a total of $1.8 billion is projected to be in the Tax Stabilization Reserve fund at the end of the current fiscal year that started on July 1, 2021 and ends June 30, 2022, or more than half the state’s estimated $3.1 billion in total reserves. Also not that upwards of $1.1 billion is projected to be transferred into the Early Childhood Trust Fund over a three-year period ending in June 2023.

House Speaker Brian Egolf said in a statement that the revenue projections were proof that Democrat’s policies are working and said:

“With roughly $1.4 billion in new revenue, investments in infrastructure, families, and communities will continue to be central to our work to diversify and guarantee sustainable, long-term growth for our state. ”

According to the Legislative Finance Committee over the last decade New Mexico’s revenue levels have gone up and down from as low as $5.7 Billion in 2013 to now a projected $8.8 Billion in 2023. and fluctuated widely from year to year”. The reported breakdown by fiscal years is as follows:

2013 – $5.7 billion
2014 – $6 billion
2015 – $6.2 billion
2016 – $5.7 billion
2017 – $5.7 billion
2018 – $6.8 billion
2019 – $8 billion
2020 – $7.8 billion
2021 – $8 billion (estimated level)
2022– $8.1 billion (estimated level)
2023 – $8.8 billion (estimated level)

The link to the Journal article reporting on fiscal years breakdowns is here:

https://www.abqjournal.com/2423653/nm-revenue-levels-projected-to-soar-to-all-time-high.html

GOVERNOR’S REACTION

Governor Michelle Lujan Grisham’s press secretary Nora Meyers Sackett said in a statement that the Governor’s Office has been conducting preliminary agency-by-agency budget meetings in recent weeks in order to make a formal budget recommendations this fall. According to Sackett:

“[The Governor is] incredibly optimistic about [the revenue projection.] It underscores and validates the sound fiscal stewardship of her administration, which has, despite the unprecedented events of the last 18-plus months, put New Mexico in perhaps its best financial position in more than a decade. … The governor’s budget priorities have been clear throughout her term and they are unlikely to change. [Those priorities are] public education, economic development, environmental protection and crime and criminal justice reform. … Within that framework is where we will continue to focus our efforts to respond to and invest in the areas New Mexicans care most about.”

LEGISLATORS DEBATE ON HOW MUCH IS ENOUGH FOR A “RAINY DAY”

The 2022 legislative session is a 30 day session, called a short session, and is convened to deal almost exclusively with the budget, financial matters and taxation. It is the Governor who set the agenda in those sessions. The 30 day session begins January 17, 2022.

The debate between legislator’s is already beginning as to how the additional funding should be used.

Representative Patricia Lundstrom, D-Gallup, the chairwoman of the Legislative Finance Committee, said that she has asked legislative staffers to look into possible changes to the Early Childhood Trust Fund including a possible cap on the fund’s total balances. Lundstrum had this to say:

“I don’t want money sitting in funds when we have so many needs”.

Senator George Muñoz, D-Gallup, the vice chairman of the Legislative Finance Committee suggested the revenue windfall should be spent on one-time expenditures not part of the state budget and had this to say:

“There’s going to be a lot more money than we know what to do with in the next few years, but it’s not going to last forever. … Now is the time to tackle the structural issues of New Mexico. We’re going to think big … We’re not going to pull around our little wagon anymore. … We’re going to load our armored trucks, and we’re going to develop and make New Mexico grow. ”

House Majority Leader Javier Martínez, D-Albuquerque, had this to say:

“[The tax stabilization reserve fund] is getting pretty big, and I think we need to take a look as a Legislature at how it’s structured.”

Representative Antonio “Moe” Maestas, D-Albuquerque, proclaimed the state could withstand 2 consecutive decade long economic downturns, given the amount of money in the savings funds and said:

“Money sitting in an account is actually counterproductive to the future of our state.”

Senator Crystal Diamond, R-Elephant Butte, said legislators should be mindful of the historic volatility of oil and gas revenues noting the impact of the COVID-19 pandemic and said:

“We do not know what the future holds, and as such, we should think twice before spending exorbitantly simply because our coffers appear to be full today.”

Republican Senator Pat Woods raised concerns about widespread inflation and said:

“I think New Mexico is very flush with money. … And it’s all about the money that poured into this state.”

The links to quoted source material are here:

https://www.abqjournal.com/2423653/nm-revenue-levels-projected-to-soar-to-all-time-high.html

https://www.santafenewmexican.com/news/local_news/new-mexico-projects-nearly-1-4-billion-budget-windfall/article_391f5c9c-0741-11ec-88c4-bb0bacd4cb1f.html

COMMENTARY AND ANALYSIS

Although New Mexico’s financial out look is looking better, it is too easy to forget how quickly things can change practically overnight.

It was in 2019 that the New Mexico oil industry’s historic energy production was enabling unprecedented investment by Mew Mexico in education. In FY 2019, the oil and gas industry contributed $1.36 billion to public education, representing a 28% increase over FY 2018. Public schools and higher education received $1.36 billion from state oil and gas revenue in FY 2019, up a staggering $300 million from FY 2018. It included upwards of $1.06 billion for primary and secondary education, and $302 million for state universities, colleges and other higher education institutions.

A report by the New Mexico Tax Research Institute released in January, 2020, revealed that the oil and natural gas industry contributed more than $3.1 billion in tax revenue for fiscal year 2019, a dramatic 41% from the $2.2 billion generated the year before. The $3.1 billion was an increase of $910 million from 2018. Oil and natural gas represent 39% of New Mexico’s General Fund revenues, the highest share of all industries in recent history.

https://www.energyindepth.org/oil-industry-sets-new-record-with-3-1-billion-in-revenue-for-2019-new-mexico-budget/

https://www.abqjournal.com/1410518/nm-earned-31bn-in-oil-gas-revenue-in-fy-2019.html

https://www.nmoga.org/FuelingNewMexico

On February 20, 2020, the New Mexico legislature ended having enacted a $7.6 Billion dollar budget for the 2020-2021 fiscal year. The enacted budget raised annual spending by $536 million, or by nearly 8% over last year’s budget. The increase in spending was a result of record-breaking oil production in the Permian Basin with the state originally anticipating at least an $800 million increase in state government income during the coming budget year. The legislature also enacted a separate $49.5 million in capital outlay projects. The 2020-2021 fiscal year begins July 1.

https://markets.businessinsider.com/commodities/oil-price?type=wti

Passage of the $7.6 billion budget plan for the 2021 budget year was predicated on oil averaging $52 per barrel. The price of crude oil per barrel plummeted to an alarming $20 dollars a barrel and was expected to go down even further. With each $1 drop a barrel in oil prices, the state loses upwards of $22 million in direct oil and gas revenue over a full year.

Just when things were looking great in 2019 with respect to oil and gas royalties to finance state government, BAM the corona virus hits, a global oil price war intensified, and New Mexico got hit even harder in the process, all within one month since the adjournment of the New Mexico legislature on February 20, 2020. The global oil price war hit hard the state’s revenue boom, harder than anyone expected. It caused the state budget surplus to evaporate. The New Mexico Legislature’s finance analysts had pegged oil prices for the budget year that ends in June to an average $52 per barrel but oil prices per barrel of crude hit an all time low $21.

As the result of the financial crisis in revenues, Governor Lujan Grisham was forced to call a Special Session on November 24, 2020 to deal with the revenue shortfall and pandemic relief.

https://www.petedinelli.com/2020/11/25/special-legislative-session-begins-and-ends-within-8-hours-and-spending-330-in-coronavirus-19-pandemic-relief-aide/

One thing is for certain is that New Mexico lawmakers did not envision the spike of billions of revenues in such a short period time. After all the financial gloom and gloom of the past two year, New Mexico is rebounding. Governor Michelle Lujan Grisham and the Legislature will soon be releasing their own separate proposed budgets before the start of next year’s 30-day legislative session. Both those budgets will act as the blue prints for enactment of a final budget. Let’s hope the legislature and the Governor thinks big and invests widely in infrastructure and economic development that will improve the lives of all New Mexicans and that will leave a lasting legacy well beyond the times when they are no longer in office.

On Tuesday, September 13, First Judicial District Court Judge Bryan Biedscheid upheld the Albuquerque City Clerk’s decision to deny public financing to Sheriff Manny Gonzales. During the hearing, Gonzales’ attorneys argued that even without the signatures in question, Gonzales still had enough to qualify for the funding. However, city’s adopted campaign finance rules allow the clerk to deny public financing, no matter how much fraud is found, no matter how minor it is.

Judge Biedscheid in announcing his ruling from the bench said:

“There has been really nothing presented to the court [today] to indicate that the clerk’s initial finding was fraudulent, arbitrary, capricious … that it wasn’t’ supported by substantial evidence.

Essentially Mr. Gonzales has wanted two things throughout this proceeding, which is, one, instantaneous decision-making and, (two), the most elaborate trappings of full criminal prosecution and the like, and you cannot provide both of those,” the judge said. “I think this court has been in a position similar to that which the clerk was in, and that is a position of trying to balance the need for expedited proceedings and the need to make sure everyone has due process and the right to respond.

While much is made and much effort is expended trying to paint Mr. Watson as the instrument of the mayor, that is not legally true. … He is the Albuquerque city clerk that has been vested with authority and duties under Albuquerque ordinances.”

Gonzales’ attorneys argued that even without the signatures in question he still has enough to qualify for the funding. However, the the city election rules are clear and allow the clerk to deny public financing, no matter how much fraud is found.

Sheriff Manny Gonzales during an afternoon press conference called the Judge’s decision a “bad” and “unethical” decision.

GONZALES SEEKS PRIVATE FINANCING

After Judge Biedscheid’s ruling to deny him public finance, Manny Gonzales held a news conference and announced his campaign’s plan to move forward with raising private financing. A defiant Gonzales said he and his supporters will not be “hushed” and had this to say:

“This is something that has never happened to another campaign. And I think that’s going to be the driving force, and the motivation, and the inspiration for us winning this race. … What we want people to know is that not only am I more inspired than ever but I’m also ready to win this race on behalf of the people.”

Gonzales also came out swinging blaming the Democrt Progressives for undermining his campaign all because of his support of President Trump and accepting federal funding last year for a law enforcement initiatives. Gonzales appeared with then Attorney General William Barr at an Albuquerque Press conference and later Gonzales traveled to the White House to attend a Presidential Press conference on a crime initiative where Albuquerque was identified as one of 7 cities that would have federal agents sent to deal with violent crime.

Gonzales now has less than 8 weeks before the November 2 election to get private contributions for his mayoral campaign.

Links to quoted news source materials

https://www.kob.com/albuquerque-news/district-court-judge-upholds-denial-of-gonzales-public-financing/6237898/?cat=500

https://www.krqe.com/news/politics-government/elections/district-court-judge-denies-public-financing-for-manny-gonzales-again/

https://www.abqjournal.com/2429152/sheriff-changes-course-after-loss-in-court.html

https://www.abqjournal.com/2429152/sheriff-changes-course-after-loss-in-court.html

ORIGINAL DENIAL BY CITY CLERK

On June 18, City Clerk Ethan Watson posted on the city web site his office had reviewed and verified that Gonzales submitted more than the required 3,000 valid signatures and more than the 3,771 valid qualifying donations. The city clerk rejected 745 petition signatures and rejected 573 Qualifying $5.00 contributions submitted by the Gonzales campaign. Ostensibly with the posting, no forgeries were found in the 3,000 nominating signatures and the 3,771 qualifying donations approved by the city clerk.

The Keller campaign submitted to the City Clerk 149 examples of alleged forgeries on documents submitted to the City Clerk by the Gonzales campaign. The Keller campaign also filed signed statements from upwards of 40 people contacted by a private investigator hired by Keller campaign. Most of those contacted said the signatures on Gonzales’ nominating petition was theirs and half confirmed they had contributed $5 to Gonzales’ public financing effort. Nearly all said signatures on the $5 qualifying donations were forgeries.

The city’s Office of Inspector General investigated the qualifying $5.00 contribution receipts and found that there were problems with 15% of the 239 randomly selected Gonzales campaign receipts it reviewed. According to the Inspector General, the voters identified and contacted in those instances said either that they signed the receipt but never gave money or that they never signed the receipt or gave $5.

Complicating things for Gonzales is he admitted that signature forgeries were on both nominating petitions and the $5.00 qualifying donations. On July 14, after repeated denials of any wrong doing by the Gonzales campaign, and in a written response to an ethics complaint filed with the Board of Ethics and Campaign Practices, Gonzales’ campaign stated.

“It does appear, upon the Gonzales campaign’s own investigation, that many of the qualifying-contribution (“QC”) receipts…were signed by someone other than the voter.”

In a letter dated July 9, Albuquerque City Clerk Ethan Watson notified Bernalillo County Sheriff Manuel Gonzales’ that the city was denying his campaign $661,00 in public financing citing misconduct in the qualifying process and forgery of signatures on $5 qualifying donations. City Clerk Watson wrote Gonzales he could not confirm that Gonzales had complied with the city’s Open and Ethical Election Code and associated regulations.

It is Part C of the regulations entitled “Qualifying Period and Qualifying Contributions” that outlines the certification process relating to the $5 qualifying donations for all the candidates.

Paragraph 15 entitled “Certification of Participating Candidates for Public Financing” provides in part as follows:

“The City Clerk shall certify as a Participating Candidate, all Applicant Candidates who meet the requirements of the OEEC and submit an Application for Certification.

“In addition to the criteria for certification listed … upon receipt of a final Qualifying Contribution report from an Applicant Candidate, the Clerk shall determine whether the Applicant Candidate has:

… been found to have submitted any fraudulent Qualifying Contributions or any falsified acknowledgement forms for Qualifying Contributions or Seed Money Contributions, where the Applicant Candidate knew or should have known of the fraudulence or falsification.

If the Clerk makes … the finding … above, the Clerk shall not certify the Applicant Candidate as a Participating Candidate.”

The link to the regulations is here:

https://www.cabq.gov/vote/documents/2021-regulations-for-the-open-and-ethical-election-code.pdf

Gonzales appealed Watson’s denial of public finance and the case was assigned to a city hearing officer. Within a week, a hearing was scheduled and held.

HEARING OFFICER RULING

On Monday July 19, city hearing officer Ripley Harwood issued his written ruling on Manny Gonzales’ appeal of the City Clerks denial of $661,000 in public finance. Harwood found Manny Gonzales had failed to prove that Clerk Ethan Watson had acted inappropriately in denying him $661,000 in public financing. Harwood specifically found that it was Gonzales’ responsibility to keep fraud and forgery in the gathering of the qualifying donations. In his ruling upholding the city clerk, Harwood wrote:

“I endorse the view that it is the duty of candidates to manage and oversee their campaigns in a way that assures that fraud and falsifications do not occur. I would view this as a non-delegable duty even if (Gonzales) had not signed a document acknowledging responsibility for the acts of his key subordinates. … Failing to detect and eliminate a multitude of forged qualifying contribution forms bearing the signatures of his key subordinates constitutes failure to exercise ordinary care in the management of a campaign and meets the ‘knew or should have known’ standard of [the “Open and Ethical Elections Code” regulations.]”

FIRST BIEDSCHEID RULING

Gonzales appealed the city hearing officer’s ruling to state district court. All Second Judicial District Judges disqualified themselves from hearing the case and First Judicial District Court Judge Bryan Biedscheid was assigned the case by the Supreme Court.

On Friday, August 27, Santa Fe District Judge Bryan Biedscheid reversed Albuquerque City Clerk Nathan Watson’s decision denying Sheriff Manuel Gonzales the public financing for his mayoral campaign. The Court ruled that Watson denied Gonzales due process of law.

In making his first ruling in the case, Judge Biedscheid emphasized that Gonzales was denied the opportunity to answer the allegations of fraud against him in the collection of the $5 qualifying donations for public finance. Instead, the City Clerk decided to withhold certification of the funding unilaterally by interpreting and applying election rules and regulations he wrote an issued in September of 2020.

The Judge also ruled the city clerk could ultimately deny Gonzales the public financing, but to do so, the City Clerk will need to determine that Gonzales has been found to have violated regulations and make specific factual findings on those allegations. The judge further ordered the City Clerk must establish and carry out a process by next week giving Gonzales due process. The judge stressed that Gonzales has to be given the opportunity to answer the allegations against him.

NEW MEXICO SUPREME COURT REFUSES TO INTERVENE

On September 1, the Gonzales campaign filed a PETITION FOR WRIT OF SUPERINTENDING CONTROL asking the New Mexico Supreme Court to intervene. On September 8, the New Mexico Supreme Court denied the petition and dismissed the case.

COMMENTARY AND ANALYSIS

At the very least it is downright embarrassing and the very worst very pathetic that Sheriff Manny Gonzales would actually say Judge Biedscheid’s decision was “bad” and “unethical” decision and essentially taking absolute no responsibility for the illegal conduct of his campaign. Sheriff Gonzales has 30 years of law enforcement experience. As an elected Sheriff, he is also held to a higher standard and he is not above the law. There is no doubt that Gonzales knows that forging a person’s signature is a 4th degree felony with a basic sentence of 18 months in prison and that fraud to secure $661,000 in financing would be a second degree felony punishable by a basic 18 years in prison, yet Sheriff Gonzales allowed fraud and the forging of signatures in an effort to secure $661,000 in his campaign financing.

Sheriff Gonzales embarrassingly argued that fraud and forgeries go on all the time in political campaigns. That may be true, but it was the Gonzales campaign that got caught. The blunt truth is that Biedscheid ensured that Gonzales was given “due process of law” and an evidentiary hearing and then and only then was the public financing taken away. One thing Gonzales may have learned out of all of the mess he created is that even the guilty are entitled to due process of law, and once due process occurs, a decision is made as to the consequences. If there was any unethical conduct in this whole damn mess it came from the Gonzales campaign.

Gonzales will find it extremely difficult to raise money. The municipal election is scheduled for November 2, giving Gonzales 8 weeks to raise private financing an extremely daunting task. It will require major donors to raise sufficient financing to run a viable campaign. Now that Manny Gonzales has been denied $661,000 in public financing for the 5th time, it is also more likely than not that whatever support he had from conservative Democrats, Trump Republicans and Independents will implode as his reputation in law enforcement has been severely tarnished. Donations to the measured finance campaign supporting and promoting Manny Gonzales began to decline when his trouble with the city clerk emerged and now he has had almost 2 full months of negative press that has sullied his before good reputation.

WILL THERE BE A RUNOFF BETWEEN KELLER AND ARAGON?

Incumbent Mayor Tim Keller no doubt benefits from having his most viable opponent’s public finance funding zeroed out by the courts. Keller has qualified and been given the $661,000 in public finance. Further, the measured finance committee “Build Back Burque”, organized to raise money and to promote Keller has $51,770 on hand to promote Keller or tear down Gonzales or Eddy Aragon for that matter. Sources have confirmed that Mayor Tim Keller is already taping and preparing video campaign ads that will likely be release come October 1.

Der Führer Trump Republican candidate Eddy Aragon will also benefit from Gonzales’ downwards spiral and loss of public finance and support. Aragon is a private finance candidate and the only Republican who qualified for Mayor securing the 3,000 nominating signatures in an impressive two-week period. Further, the Republican Party has now endorsed Aragon and that will likely also bring in donations, but if it will be nearly enough to run an effective campaign is the ultimate question.

At this point in time, 8 weeks before the election, incumbent Mayor Tim Keller is the front runner. With that said, with a low voter turnout, which is expected, Mayor Tim Keller may not secure the necessary 50% of the vote plus one to avoid a runoff. As the Gonzales campaign continues to nose dive and if the Eddy Aragon campaign gains traction, or major event happens that tests Keller’s leadership and he fails, there could be a runoff between Mayor Tim Keller and Eddy Aragon with neither getting 50% of the vote and Gonzales coming in 3rd.

In a runoff, Keller will consolidate the Progressive and Moderate Democratic vote, Aragon will consolidate the Republican and conservative Democrat vote. Under such a scenario, the city could see a repeat of the Democrat Tim Keller and Republican Dan Lewis election 4 years ago with Keller ultimately winning.

Fasten your seat belt and stay tuned!