On April 12, Governor Michell Lujan Grisham signed into law Special Session House Bill 2 enacted during the 2 day Special Session making New Mexico the 18 state to legalized marijuana. The law will go into effect in April 2022. Until then licensing and regulations will be formulated. House Bill 2 is a 178-page bill. It creates a Cannabis Control Division under the New Mexico Regulation & Licensing Department that will license, regulate and tax the new industry.

A link to the entire bill is here:

https://www.nmlegis.gov/Sessions/21%20Special/bills/house/HB0002.pdf

KRQE NEWS 13 REPORT

On April 13, KRQE News 13 posted a detailed summation story written by reporter Curtis Segarra on its web page. The report is entitled “Recreational Marijuana: What you need to know in 10 numbers”.

Following is the report along with the link:

“21 Years

The legal age to purchase, possess, and use cannabis under the new law is 21. Additionally, to work in the emerging cannabis industry, you must be 21 or older. But lawmakers are aware that younger adults may try to acquire and use marijuana. So, the bill includes guidelines for restricting access to children and underage adults.

2 Ounces

The maximum amount of cannabis you can purchase at one time is two ounces (57 grams) of cannabis, 16 grams of extract, and 800 milligrams (mg) of edible cannabis, according to the law. How many joints can you get out of two ounces? It depends on who you ask, but a 2010 study estimated the average joint had about 0.66 grams of marijuana, meaning two ounces could make about 80 joints.

These same purchase limits act as the maximum amount you can possess outside your home. The bill does let you keep more than that inside your home, but it has to be hidden from public view. Violating the rules can bring either a misdemeanor or fourth-degree felony charge, depending on how much cannabis you possess over the legal limit.

Zero-tolerance

Workplaces are still allowed to prohibit cannabis use and have the right to maintain a zero-tolerance policy in the workplace. Additionally, private property owners can prohibit you from smoking on their property.

9-1-2021

The law requires that the “Cannabis Regulatory Advisory Committee” comes into existence no later than September 1, 2021. This committee will help create rules related to cannabis. The committee is also supposed to promote “economic and cultural diversity,” meaning that lawmakers want to ensure that all communities across New Mexico have a chance to participate in the growing cannabis industry.

“We are ensuring that people from all walks of life, without having to have access to a lot of capital, can enter this new industry,” Rep. Javier Martínez said during a March 31 senate meeting. Martínez helped introduce the bill.

12 Sectors

The law outlines 12 key parts of the cannabis supply chain that will need a permit to conduct business. They are: 1. Cannabis consumption areas (think: smoking lounges); 2. Couriers and transporters; 3. Manufacturers; 4. Microbusinesses; 5. Producers (growers or wholesalers); 6. Research Labs; 7. Retailers; 8. Servers; 9. Testing labs; 10. Cannabis training and education programs; 11. Cannabis microbusinesses with multiple roles (such as growing and serving); 12. Vertically integrated businesses (with multiple roles, such as manufacture, transport, and retail).

6 Plants FOR HOME

Beginning 90 days after the Governor signs the bill, adults age 21 and over can keep up to six mature and six immature plants in their home, according to the law. This is a per-person maximum. So if you live with other people, you can have more plants. But the maximum number of plants allowed in a home — no matter how many people live there — is 12 mature plants. Violate that and you can be slapped with a fourth degree felony. And yes, if you move, you can take your plants with you.

$50 CIVIL PENALTY

You can’t smoke marijuana in public, except in licensed cannabis consumption areas. A first offense will likely set you back $50 as a civil penalty. But if you’re under 18 and caught smoking marijuana illegally, you aren’t required to pay a fine, according to the law.

4 Hours OF DRUG EDUCATION

Individuals under the age of 18 caught intentionally producing cannabis are subject to either a 4-hour drug education and legal rights program or four hours of community service. Adults over 18 but under 21 who grow marijuana plants may be subject to anywhere from a $50 fine up to a fourth degree felony, depending on how many plants they produce.

10%-25% of Cultivation

Lawmakers included measures to prevent the growing recreational industry from causing a shortage of medical marijuana. The law allows the cannabis control division of the NM Regulation & Licensing Department to force all cannabis establishments to reserve at least 10% of their cannabis for sale to medical users if necessary. But the bill states that the cannabis control division can’t require businesses to keep more than 25% of their stock as medical-only reserves
.
12% Tax

Under the law, cannabis retailers are subject to a “cannabis excise tax” that starts at 12% and will eventually increase to 18% by 2030. This is applied to the price paid for the product. But this tax doesn’t apply to medical marijuana sales.”

The link to the KRQE News report is here:

https://www.krqe.com/news/marijuana/recreational-marijuana-what-you-need-to-know-in-10-numbers/

A link to a related KOAT-TV news article is here:

https://www.koat.com/article/new-mexico-becomes-latest-state-to-legalize-recreational-marijuana/36098536

OTHER HIGHLIGHTS

Other major highlights of the new law include:

People who have been convicted of possessing it for personal use will have their criminal record expunged.

Cannabis establishments could also offer on-site consumption in certain circumstances.

Households would be permitted to grow up to 12 mature plants for personal use.

Local jurisdictions, city and counties, cannot opt out of commercial sales, but can establish restrictions on operating hours and locations. The legislation give local governments some authority to determine where cannabis dispensaries can be located.

The state’s counties will not have the authority to be able to prohibit cannabis sales nor prohibit the licensing of stores. In other words, local zoning rules would have been able to be used to control the number of stores in an area where they the stores could be located. This is identical to zoning restrictions placed on retail stores that sell pornography.

The sponsors of the legislation are Rep. Javier Martinez, Rep. Andrea Romero, Rep. Debbie Armstrong, Sen. Linda Lopez, Sen. Katy Duhigg and Sen. Jerry Ortiz y Pino.

CANNABIS CONTROL DIVISION

On April 13, KRQE News 13 published a seperate report on the Cannabis Control Division of New Mexico Regulation & Licensing Department. The report was written by reporter Curtis Segarra and posted on the KRQE web page. Following is an edited version of the article with the link at the end:

“The Cannabis Control Division falls under the New Mexico Regulation & Licensing Department and will be in charge of regulating and licensing cannabis across the state.

The divisions website lays out the timeline and fees New Mexicans can expect if they wish to apply for cannabis-related permits. These range from $35 cannabis server permits up to $7,500-per-year licenses for cannabis establishments that hope to engage in multiple roles, such as growing, transporting, and selling.

Link to Cannabis Control Division website is here:

http://rld.state.nm.us/Default.aspx?aspxerrorpath=/cannabis-control-division.aspx

Link to timeline is here:

http://rld.state.nm.us/important-dates.aspx

The website is now live, but the Cannabis Control Division is not fully operational yet.
…

[Even though] … Governor Michelle Lujan Grisham [ signed the act on April 12] … it won’t go into effect until June 29, according to the Regulation and Licensing Department. After that date, it’s not clear when the division will begin accepting cannabis license applications.

The Cannabis Regulation Act requires that the Cannabis Control Division begins processing permits for cannabis producers, microbusinesses, and licensed medical cannabis producers no later than September 1, 2021.

New Mexicans interested in obtaining a cannabis server permit may have to wait even longer. The Cannabis Control Division has until January of 2022 to issue server permits and begin accepting all application types.

Permit or License Type

Cannabis Server, Up to $35 for 3-year permit fee for First Permit

Plant Cultivation, Up to $50 per plant
(does not apply to microbusinesses) Up to $1,000 per year for First Permit

Cannabis Producer Microbusiness, $1,500 per year, for first permit
Cannabis Courier, Up to $2,500 per year, for first permit
Cannabis Consumption Area, Up to $2,500 per year for first permit
Integrated Cannabis Microbusiness, $2,500 per year for first permit
Cannabis Manufacturer or Producer, $2,500 per year for first permit
Cannabis Research Lab, $2,500 per year for first permit
Cannabis Retailer, $2,500 per year for first permit
Cannabis Testing Lab, $2,500 per year for first permit
Vertically Integrated Cannabis Establishment, $7,500 per year for first permit

Cannabis Training and Education Program, fees to be announced.”

https://www.krqe.com/news/marijuana/who-will-regulate-marijuana-in-new-mexico/?ipid=related-trending

EXPUNGEMENT OF MARIJUANA CONVICTIONS

The Governor also signed Special Session Senate Bill 2 that will wipe certain cannabis-related convictions off New Mexicans’ criminal records. The Senate voted 23-13 along party lines to pass the legislation with majority Democrats voting in favor and Republican’s casting “no” votes. Senate Bill 2 also cleared the House on a 41-28 vote.

The expungement of records legislation is a companion measure to separate legislation that would legalize possession of up to 2 ounces of cannabis outside the home. The approved legislation orders the expungement of criminal records for marijuana-related offenses that would fall under the separately proposed cannabis legalization law. It also authorizes the release of New Mexicans jailed for minor cannabis-related offenses, though it is unclear exactly how many inmates might be freed.

The burden for reviewing criminal records for expungement eligibility will fall largely under the Department of Public Safety and the state’s court system. Department of Corrections spokesman Eric Harrison said that just 50 inmates at state prisons were incarcerated on charges that included marijuana possession, but none of them was in custody solely because of pot possession.

https://www.abqjournal.com/2375454/cannabis-expungement-bill-gets-senate-approval.html

NEW INDUSTRY BENEFTING ECONOMY

New Mexico already has a marijuana decriminalization law on its books. Last year, Governor Lujan Grisham signed into law a bill that made possession of up to a half-ounce of cannabis a civil offense punishable with a $50 fine. The governor and other supporters say legalization is still necessary, arguing it would generate tax dollars that could be used on public safety programs.

There are 17 other states that have now legalized recreational marijuana. The states of Arizona, Montana, New Jersey and South Dakota approved cannabis legalization measures in the November 3 general Presidential election. On March 31, the state of New York legalized recreational cannabis. Mississippi has approved the creation of a medical marijuana program.

The Arizona passage gave urgency to the passing similar legislation in New Mexico to take advantage of the emerging market and demand. Governor Lujan Grisham and other supporters say legalization is still necessary, arguing it would generate tax dollars that could be used on public safety programs.

Duke Rodriguez, president and CEO of Ultra Health, New Mexico’s largest medical marijuana company told lawmakers during legislative committee hearings that they need to think broadly about the future of New Mexico’s marijuana industry. According to Rodriquez, New Mexico will be “a production juggernaut” and a magnet for tourists and cannabis patients from Texas, despite federal prohibitions against transporting cannabis across state lines.

Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. Rodriguez, also told lawmakers that legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million. Rodriguez had this to say:

“It’s going to change New Mexico and ways we can’t imagine. … I think we will be a powerhouse, not only within the state, but we have the potential of being a powerhouse not only in this country, but you’d be surprised, we have the ability to also compete internationally.”

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

EMERGING INDUSTRY

For the last five years, a firm known as “SeedCrest” has been developing the software and tools to help educate people on the intricacies of the medical cannabis industry. They have what’s called Core Compliance Training with a developed core curriculum. The training covers topics like policy, ethics, and HIPPA, and will soon expand past the medical industry into recreational use.

SeedCrest has been working with the business community on what to expect now that adult use will be legal. It offers a course called “A Guide to Preparing Employers for Legalization in New Mexico.” One of the biggest concerns about the new law is figuring out how to ensure a drug-free workplace.

SeedCrest CEO and founder Shanon Jaramillo had this to say:

“We know that cannabis metabolizes in our fat cells and so it really, if we could test through saliva and blood— that is the best way. Real-time testing has not come to the surface yet. It’s going to be an issue that the Department of Public Safety will have to tackle through training and guidance, so this is where education about the plant and how it affects the mind and body comes in the most. Because if we can understand that, we can create non-discriminatory practices around that and still mitigate the risks.”

Links to source material quoted are here:

https://seedcrest.io/

https://www.kob.com/albuquerque-news/seedcrest-launches-course-to-prepare-new-mexico-businesses-for-recreational-marijuana-/6073308/?cat=500

COMMENTARY AND ANALYSIS

The United States “war on drugs” dates all the way back to President Richard Nixon in the 1970’s and billions spent on law enforcement, many imprisoned and lives taken. Truth is, the war aon drugs when it comes to marijuana has been a total failure. With state after state legalizing recreational use of marijuana, it is long overdue for the federal government to remove it as a schedule one drug and legalize its use on a national level.

After many years of debate and past efforts to legalize recreational marijuana, its passage was long overdue in New Mexico. The enacted legislation was well thought out and takes the approach of legalize, regulate and tax.

The sale of medical cannabis has been an emerging industry for at least 6 years in New Mexico. There is little doubt that recreational cannabus will add to the industry

Links to related stories are here:

https://www.abqjournal.com/2379394/governor-signs-special-session-cannabis-legalization-bill.html

On Tuesday, April 6, Mayor Tim Keller held a press conference in front of the Gibson Medical Center to officially announce the city has bought the massive complex and will transform it into a Gateway Center for the homeless. In making the announcement, Keller had this to say:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people.

This challenge [of homelessness] is huge. And we know this challenge has gotten way worse during the pandemic. For us, this is about actually doing something. Not just talking about it, not just discussing it, not just harping about the details. This is about action. … This is never meant to be permanent. It’s meant to be a gateway to services that can then lead to people enabling and changing their lives.

It depends how you count them, it depends what you call them, unhoused, homeless, unsheltered, folks in need. At the end of the day, we know we need at least 500 more beds and that’s even more than this whole facility can handle. … .”

We also know that our administration believes in experimenting … We’re going to experiment and find out what works best over time. …

“And so really what we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question.”

Keller was asked about funding and had this to say:

“So we’re going to work with our partners, so the Healthcare for the Homeless, HopeWorks, Heading Home and others, Barrett House, and also a lot of the faith based community … Out of that $21 million, you just subtract the $15 million for the purchase price, and that’s what’s on the table for everything that you mentioned, including community supports and services, fencing, all of the different things that we may need. And that’s really the goal of the summer and the fall.

When asked for a breakdown of the funding sources, Keller said:

“That’s a good , there’s a lot of [sources]. A million from the County, $14 million from the voters and city council, the state totals we’re still totaling up. So we’ll say probably a hair under a million, I think when we add it all up from the state. We also got some money from the Governor, I think it was $900,000 two years ago in that session, and so those are roughly the streams that we’re looking at. But I would mention there’s also flexible stimulus money that we got at the city and county level, so that’s another thing we may use that may be more for programming. And then there’s also half a million from those companies I mentioned, PNM and New Mexico Mutual and others.

Yes and of course for operating remember, from a budget perspective we have to fully fund operations, and so we put in $4.7 million to operate the facility. But what you don’t see in the budget is that’s offset by the revenue we get. So there’s about $1.9 million in revenue. So again, we’ll look at this as a facility to eventually, we hope, to almost break even, once we get all the leases out. So that’s what this has the potential for, which is awesome. But those are different accounts, so you have to sort of budget for it, and then that gets reimbursed with the lease income.

The link to the Keller April 6 press conference is here:

https://www.youtube.com/watch?v=0RvhP7JPZEU

During the April 6 news conference, Keller said the facility is already home to some behavioral health services, will be an “experiment” in how best to help hundreds of Albuquerque’s homeless population.

The Homeless Coordinating Council, which has representation from city, county and behavioral health representatives has said it is necessary to move forward with the project. For the past 6 months, a working group has been meeting regularly with the goal to reach a collective decision on how best to tackle both the city and county’s homeless problem. According to Keller, the City, Bernalillo County Commission, the University of New Mexico Hospital along with homeless service providers are pursuing other strategies to serve the upwards of 5,000 persons a year who are homeless in the city and county each year.

According to city officials, Gibson complex will be a new place to stay for the homeless in the area. Currently, the city uses the old West Side jail as a Homeless Shelter and issues vouchers to use area hotels for some homeless. The city intends to use the Gibson complex for homeless in other areas of the city such as downtown and Nob Hill and plan to use the Community Support Shuttle to transport them.

On Tuesday, April 13, the Bernalillo County Commission will be voting on contributing $1 million to the purchase and renovations for the Gateway Center. The mayor did not give an exact date when the Gateway Center would open. In the 2021-2022 proposed budget, it will cost nearly $5 million per year to run.

The State of New Mexico has been leasing the Gibson Medical Facility for $8.6 million a year as an overflow hospital for COVID-19 patients. Keller’s decision to transition the Gibson Medical Center Complex into homeless housing comes nearly 2 years after Keller campaigned for and voters approved $14 million for a 24/7 homeless center.

https://www.krqe.com/news/albuquerque-metro/albuquerque-leaders-to-provide-update-on-gibson-medical-center/

OPPOSITION EMERGES

After his April 6 press conference, Mayor Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased. Keller said he plans to confer with residents in the future. However, Keller made it clear either way, like it or not, the site has now been selected and the Gibson Medical facility will be used to service the homeless population as a Gateway Center.

Residents who live in the area say it will only cause more problems for them. in the area. Tony Lopez, a resident of nearby Siesta Hills neighborhood had this to say:

“I just don’t think it was fair that it was thrown onto us without getting any input or allowing us to hear about it or allowing us to say something about it. It’s really frustrating for us because we already have an issue here at the present moment and they’ve got to find a better place which is away from neighborhoods.”

Other residents think the facility should be used on a smaller scale to service a few dozen women and children, rather than a few hundred people. The biggest worry is that the Gibson facility will in fact be converted to “mega-shelter” as was originally proposed by Keller and that it will impact the neighborhood.

Tamaya Toulouse, who also lives in the Siesta Hills neighborhood had this to say:

“There’s a lot of people that say, ‘not in my backyard’ but can say, ‘yes we need homeless help.’ The problem comes when the mayor put out the survey asking residents where should this go, what are the services we need, what are the qualifications. … If we’re going to house and train and help the homeless, it has to be in a responsible way with an actual plan and that’s what we’re asking for. A plan that has community input that they actually have to take into account.”

PROTESTS ERRUPT AFTER KELLER GIVES NEIGHBORHOODS “MIDDLE FINGER”

City representatives said community engagement is key to the success of the project. However, Mayor Keller and the city reached out to every neighborhood association in the area only after securing the Gibson Medical Facility. One result of the after the fact purchase outreach was protests.

https://www.kob.com/albuquerque-news/protesters-upset-with-citys-plan-to-move-forward-with-gateway-center-in-se-albuquerque/6069693/?cat=500

On Friday, April 9, neighbors who feel they have been ignored and overlooked in the planning process and being asked to shoulder too big of a burden protested near the site. Some held signs with the messages:

“NO INPUT, NO INFO, NO FAITH IN GATEWAY”
“KELLER LIES ABOUT SIZE”
“I VOTED FOR A SUBSTATION AND ALL I GOT WAS THIS LOUSY MEGA SHELTER”
“KELLER NEVER ASKED US”
“GATEWAY = KELLER’S ART”
“KELLER NEVER ASKED US”
“MAYOR KELLER, NO MORE DISRESPECT”

Some of the protesters said they’re okay with services to help the homeless and housing families and children. They want far more communication and input with the city to find a way to work together and in particular want a smaller shelter.

Area resident Dee Whitefield put it this way:

“I thought that’s what Mayor Keller was going to do. He said there’s going to be small shelters, and I thought ‘great, that’ll be manageable, we’ll have services here.”

Those who live nearby said they had been ignored for years and felt the need to speak out. Those who live in the neighborhoods nearby agree they want to help the homeless, but not like this.

Tony Johnson, who lives near the Gibson complex said he’s experienced homelessness himself, and had this to say:

“You’re not going to do that in our backyard, the way you wanna do it. … You need to talk to us first. I know what it is, but you’re not going to do something over here 24/7 and continue to affect our children and our schools and our community”.

Area resident Ivan Wiener, who participated in the protest said:

“I think there’s definitely middle ground, we have already told the city that we agree with people needing services, but it can’t be more than 50 to 70 beds in this place.”

Tamaya Toulouse who also lives near the Gibson complex, said she supports the city offering housing. However, she, and others, don’t trust the city to keep its promises, especially after spending decades revitalizing their neighborhoods.

She had this to say:

“If we’ve got 300 behavioral health folks here all day long – during the daytime spilling out into the streets with nowhere to go will further disenfranchise the southeast heights and that’s been going on for four decades too long already.”

Raven Green, who lives in the Elder Homestead Neighborhood had this to say:

“Over the last five or six years, [our area] has declined. It’s become unsafe. The crime is rampant.”

Toulouse and Green both say the Gibson Medical Center does not fit the certain criteria announced for the Gateway project, including walkability, access to employment, and a central location. Toulouse said:

“What does it need to have to be effective? Good transportation lines that Gibson line for buses is not anywhere in the middle of the city. “

Raven Green added:

“It’s concerning for everyone and people that live here, and the people that are going to be putting themselves in a vulnerable position going to the city, to try and get help.”

Vera Watson, a resident of nearby Parkland Hills neighborhood, said the city has too big of a concentration of social services in Southeast Albuquerque. Watson believes it contributes to crime. Watson said she voted for the bond question that generated $14 million for the Gateway Center and that she supports additional services for people who are homeless. However, she feels the city has neglected the surrounding neighborhoods while advancing the project. Watson said bluntly:

“I just think the mayor gave us his middle finger”.

According to one city official, the city has only now invited citizen input and will engage Gibson-area residents specifically. The city has already begun trying to schedule neighborhood meetings for late April.

CONDITIONAL USE APPLICATION REQUIRED

The zoning for the Gibson Medical Center facility does allow an overnight shelter but only as a “conditional use,” something the city can, and probability will need to pursue by application. The City could decide to unilaterally fill the facility with the original 300 beds as proposed for the original 24 – 7 homeless shelter facility and make the application. The facility has a 201-bed capacity, but remodeling could likely increase capacity significantly to at least 300 beds as was originally envisioned for the Gateway center.

It is the City of Albuquerque Planning and Zoning Department that enforces the City’s Integrated Development Ordinance (IDO). The Planning Department has within it a Zoning Hearing Examiner (ZHE) filing and adjudication process. The Zoning Hearing Examiner conducts monthly quasi-judicial public hearings regarding special exceptions to the Integrated Development Ordinance. Once application for a zone change or special use is made, the city must give notice to all surrounding neighborhood associations, residents and business owners and conduct hearings.

The Zoning Hearing Officer makes the decision to approve or disapprove the conditional use. The decision of the Zoning Officer can be appealed to “Land Use Planning, and Zoning Committee” (LUPZ). The LUPZ is a committee of 5 made up of city residents appointed by the Mayor who volunteer their time. Their decisions are subject to appeal to the City Council.

A “special exception” allows a property to be developed and used in a way that is different from what the zoning of the property allows. Special exceptions include variances, conditional uses, and expansions of nonconforming uses or structures. After a special exception application is filed, all interested parties, surrounding neighborhoods and businesses must be given the opportunity to participate in a public hearing. All requests are given formal hearings. The Zoning Hearing Examiner will render a determination of approval, approval with conditions, or denial within 15 days after the close of the public hearing. Determinations can be appealed to City Council through the Land Use Hearing Officer.

The City’s “Comprehensive City Zoning Code defines CONDITIONAL USE as follows:

“One of those uses enumerated as conditional uses in a given zone. Such uses require individual approval on a given lot.

It is the burden of the applicant to ensure that there is such evidence in the record. The city can approve a conditional use only if the evidence presented to the record shows that the proposed use meets the following criteria:

(a) Will not be injurious to the adjacent property, the neighborhood, or the community;

(b) Will not be significantly damaged by surrounding structures or activities.”

https://www.cabq.gov/planning/documents/ZHEConditionalUse.pdf

“Conditional use” zoning often generates controversy and oppositions and require a public hearing. Conditional uses are granted only if there are no significant adverse impacts to surrounding areas, but immediate and irreparable harm is difficult to prove before a development or zone change is adopted.

KELLER ABANDONS SINGLE GATEWAY CENTER CONCEPT

It was on Wednesday, May 7, 2020, Mayor Tim Keller said that the city was abandoning the development concept of a single, 300-bed homeless shelter. The city owned shelter was intended to assist an estimated 300 homeless residents and connect them to other services intended to help secure permanent housing. The new facility would have served all populations of men, women, and families. Further, the city wanted to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

In his May 7 announcement, Keller said the city would be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”. Keller said the corona virus crisis has highlighted the need for an alternative to the city’s existing shelter, which is the former jail 20 miles from downtown. :

The link to the press conference is here:

https://www.facebook.com/MayorKeller/videos/290814465247439/UzpfSTEwNTQ4MTY4OTY6MTAyMjAwNDA5NDYxMDgwMTQ/

MULTI-SITE APPROACH

When the city abandoned plans to build one large homeless shelter, city officials said the new multi-site approach could mean a series of “smaller facilities” throughout the community. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center.

City Family and Community Services Director Carol Pierce offered insight into what the city means when it refers to small shelters and had this to say:

“We’re often talking 100 to 150 beds of emergency shelter that could be defined as a smaller shelter.”

City officials have also said the tentative strategy includes 150 to 175 standard shelter beds to accommodate men, women and families, plus 25 to 50 medical recovery beds.
Critics are saying 150-175 beds is way too big.

Siesta Hills neighborhood resident Anne White said she’s also concerned about making Gibson a 24/7 operation and the activity that could generate. She said she is hopeful the city will reconsider putting such a large operation in Southeast Albuquerque and said:

“We feel there are plenty of other spaces [available to do this]”

CITY BUYS LOVELACE HOSPITAL COMPLEX ON GIBSON

In an attempt to buy the first Gateway location, the city made an offer to buy the former Lovelace hospital on Gibson Boulevard in Southeast Albuquerque for $13 million. On February 18, 2021 it was reported that the Keller Administration agreed to pay another $2 million to buy the former Lovelace hospital for its long-awaited Gateway Center. The settlement raised the total purchase price to $15 million and resolved the city’s involvement with the litigation over the property’s ownership.

The link to the news story reporting on the settlement is here:

https://www.abqjournal.com/2360797/city-settles-lawsuit-over-old-lovelace-hospital.html

MASSIVE COMPLEX NOW KNOW AS GIBSON MEDICAL CENTER

It was in 2007 Lovelace Medical Center closed down. It was later purchased by local private investors . The complex was renamed the Gibson Medical Center. The facility is a 529,000-square-foot building and upwards of 50% of it is said to be vacant. According to one news report, an estimated $10 million in upgrades in the Hospital Complex, including remodeling for specific tenants, improving common areas and the parking lot and installing a 540-ton cooling unit out back were made by investor owners. Parts of the building date back to 1950 and as a result the need for any asbestos remediation is subject to speculation and has not been reported on by the news media.

https://www.abqjournal.com/774956/medical-center-at-old-lovelace-hospital-might-expand-to-other-uses.html

Current tenants include 5 drug rehabilitation and counseling services and 1 kidney dialysis firm. The 6 tenants are:

TURQUOISE LODGE HOSPITAL (New Mexico Health Department)

Turquoise Lodge hospital provides substance abuse treatment services to New Mexico residents. It specializes in medical detoxification, social rehabilitation services, and Intensive Outpatient services. Priority patients for services include pregnant injecting drug users, pregnant substance abusers, other injecting drug users, women with dependent children, and women and men seeking to regain custody of their children.

https://www.nmhealth.org/about/ofm/ltcf/tlh/

SHADOW MOUNTAIN RECOVERY CENTER

Shadow Mountain Intensive Outpatient Treatment Center is an addiction treatment program. Patients participate in a 12-Step Alternative program with additional psychotherapy, depending on their personal needs. Each individual’s treatment is tailored to promote long-lasting recovery. It provides safe, effective treatment solutions for those struggling with addiction, prescription pill dependency, and substance abuse; with and without co-occurring mental health disorders. It provides tools that build a foundation of lifelong sobriety. Its programs are built utilizing evidence-based treatment modalities and compassionate professionals who are invested in their patients.

https://www.shadowmountainrecovery.com/albuquerque/

HAVEN OF ALBUQUERQUE BEHAVIORAL HEALTH HOSPITAL

Haven Behavioral Hospital of Albuquerque is an inpatient program designed to provide intensive, highly structured treatment for mental illness, mood disorders and substance abuse issues in a safe, controlled environment. It treat adults age 18 and over who are struggling with issues such as depression, anxiety, ADHD, PTSD, personality disorders and many other illnesses. Our addiction treatment services include alcohol abuse, illegal drug addiction and prescription drug abuse. Patients admitted to Haven Behavioral Hospital of Albuquerque receive 24-hour supervised treatment and support for mental health conditions and substance abuse. Mental illness and addiction often go hand in hand, so it offers treatment for dual diagnosis and co-occurring conditions simultaneously.

https://www.havenalbuquerque.com/programs/inpatient/

AMG SPECIALTY HOSPITAL

AMG Specialty Hospital is a 25 Bed Long Term Acute Care hospital that specializes in the management of complex medical needs. AMG Specialty Hospital specializes in acute care for complex patients that require extended hospital stays for full recovery. Some of the medical conditions treated include: ventilator weaning, respiratory failure, chronic non-healing wounds, complicated infections, surgical complications, cardiac complications, nutritional management, closed-head injury, rehabilitation with complications, and other medically complex patients.

https://www.facebook.com/AMG-Specialty-Hospital-Albuquerque-409481249088670/

STATE OF NEW MEXICO DIVISION OF VOCATIONAL REHABILITATION (NMDVR)

The purpose of the NMDVR is to help people with disabilities achieve a suitable employment outcome aimed at helping individuals over age 16 with disabilities secure and retain employment that is in line with their abilities and interests. . Vocational Rehabilitation (VR) is a State and Federally funded program designed to help eligible individuals with documented disabilities find suitable employment. VR is a voluntary program, and services persons who want to work. With a long history of success and proven methodology for making the best fits, time and again, DVR is committed to helping out clients succeed. In addition, we partner with companies and agencies seeking opportunities to enhance and diversify their workforce.

https://sharenm.org/nm-division-of-vocational-rehabilitation-dvr

FRESENIUS KINDNEY CARE

Fresenius Kidney Care offers dialysis treatment, resources, recipes and support for individuals living with chronic kidney disease.
https://www.freseniuskidneycare.com/

COMMENTARY AND ANALYSIS

When it comes to city projects and programs, the term “NIMBY” stands for “Not In My Back Yard”. It describes opposition to proposed projects by home owners, property owners, and business owners. Three of the biggest issues that generate public outcry are the location of methadone clinics, homeless shelters and adult amusement businesses. Mayor Keller’s desire to build a 24-hour, 7 day a week city built and run homeless shelter is a case of NIMBY, but it is a problem he actually created and brought upon himself.

The Gibson Medical Center is a massive complex of well over half a million square feet. It not only includes a hospital bed capacity of 200 beds but has operating rooms, waiting areas, lab areas, treatment area and offices that can be easily converted into more bed capacity. The facility also has a lecture auditorium.

Many who reside in the surrounding neighborhoods of the Gibson Medical Center have said they supported and voted for the $15 million bonds to build the Gateway center and fully agree that the city should provide more services to the homeless. The biggest worry is that the Gibson facility will in fact be converted to “mega-shelter” as was originally proposed by Keller and what he wanted and it will impact the neighborhood if that happens.

THERE ARE 3 OPTIONS

Neighborhood residents now feel betrayed by Mayor Tim Keller. Had Keller reached out to the neighborhoods before the city bought the property, its likely things could have been worked out with them. Area residents have every right to think the facility should be used on a smaller scale to service a few dozen women and children, rather than a few hundred people and it’s a concession the city should make.

Area residents are now faced with 3 options:

1. Aggressively oppose any attempt by the Keller Administration to secure a conditional use for the Gibson complex from the Zoning Hearing Officer, appeal the decision approving the conditional use by the hearing officer to “Land Use Planning, and Zoning Committee” (LUPZ) and appeal that decision to the Albuquerque City Council if need be to stop the conditional use.

2. Go to court and seek injunctive relief or try to have the facility declared a nuisance that poises and immediate threat to health and safety and reduces property values.

3. Seek mediation and negotiate a stipulated written agreement on long term use of the Gibson facility. With this third option, Keller could conceivably salvage what’s left of his credibility with the surrounding neighborhoods. Mediation would require Keller to meet with the neighborhood stake holders in a binding mediation conference to discuss what concessions he and the city are willing to make to satisfy their legitimate concerns in exchange for their agreement to approve and support the project. The City and the neighborhood representatives would enter into a formal stipulated written agreement to avoid litigation.

Such stipulated agreements at one time were very common when the Safe City Strike Force existed to deal with nuisance properties that were magnets for crime and abatement actions taken against property owners by the city.

CONCLUSION

Mayor Tim Keller is now perceived as mishandling the site selection process for the shelter, especially with his press conference where he essentially gloats and says the location has been decided upon, end of discussion, to bad, so sad, so get over it. Keller failed to build true consensus on what the city should do and where the shelter should go. It was sure arrogance and his penchant for news coverage on the part of Mayor Keller when he said “[We are] past this question of where … No matter how you feel about it, we’ve answered that question.” It was arrogance not to seek out and listen to those who will have to deal with his legacy project long after he is gone. Keller may be gone in 8 months if he loses his reelection bid or maybe in 4 years if he wins another term assuming he does not leave mid term as he has done twice before as a State Senator and then as State Auditor.

Many issues are beginning to come into focus for the 2021 Mayor’s race where Tim Keller has already made it known that he is running for a second term. Those issues include increased high violent high crime rates, failure to increase APD sworn to 1,200 as promised, failure to implement community policing, failure to implement Department of Justice consent decree reforms, increasing taxes without voter approval, reduced city services, the Mayor’s managing of the city’s response to corona virus and the city’s nonexistent economic development efforts.

Mayor Tim Keller has now added the location of the 24-7 city homeless shelter to the list of the many other issues that will divide large segments of the city and that may deprive him of a second term. Too bad. The Gateway Center is very much needed project, but Keller’s failure to listen has now jeopardize a worthwhile project.

Links to all quoted news reports and source material are here:

https://www.krqe.com/news/protests/neighbors-protest-proposed-gateway-center-on-gibson/

https://www.koat.com/article/youre-not-going-to-do-that-in-our-backyard-community-members-protest-gibson-medical-center-as-new-homeless-shelter/36082242

https://www.kob.com/albuquerque-news/protesters-upset-with-citys-plan-to-move-forward-with-gateway-center-in-se-albuquerque/6069693/?cat=500

https://www.abqjournal.com/2378746/neighbors-object-to-gateway-space-for-homeless-people.html

https://www.abqjournal.com/1527950/city-official-smaller-shelter-means-100-150-beds.html

https://www.bizjournals.com/albuquerque/news/2021/04/07/gibson-medical-center-sold-abq.html#:~:text=Albuquerque%20Mayor%20Tim%20Keller%20announced,5%2C000%20homeless%20people%20in%20Albuquerque.

https://www.cabq.gov/mayor/news/city-of-albuquerque-acquires-gibson-medical-center-cornerstone-of-gateway-shelter-network

On April 9, the Albuquerque Journal published the following guest column:

“Abq Needs Choices for Mayor, Not lesser of 2 Evils”

BY PETE DINELLI / FORMER PROSECUTOR, ALBUQUERQUE CITY COUNCILOR AND CHIEF PUBLIC SAFETY OFFICER
Friday, April 9th, 2021 at 12:02am

Mayor Tim Keller and Bernalillo County Sheriff Manny Gonzales have said they are running for mayor. Both are seeking public financing and will likely make the ballot. Voters need at least four more viable candidates for mayor, and time still remains for others.

Mayor Keller

Keller is the front runner because of incumbency. His accomplishments have been less than stellar. The city’s high murder rate is rising even further. There will be more violent crime during the hot summer as people break out of quarantine as things return to normal. Keller has not come close to the change he promised in 2017. After being elected, Keller signed a tax increase after promising not to raise taxes without a public vote. Keller failed to make the sweeping changes to the Albuquerque Police Department, and his promised implementation of the DOJ reforms stalled so much that he fired his first chief. Keller has appointed Harold Medina – who has a nefarious past with the use of deadly force against two people suffering from psychotic episodes – permanent chief. Keller is not even close to reaching the 1,200 sworn police officers promised nor to community-based policing. Keller’s promise to bring down violent crime never materialized and four programs to bring down violent crime have failed. For three years, murders have hit an all-time record, with many still unsolved.

Sheriff Gonzales

Gonzales brings to the table his law enforcement credentials, but that’s it. He is well-known for his opposition to civilian oversight and inability to work with other elected officials, often being at odds with the County Commission and the District Attorney’s Office. As mayor, Manny Gonzales will not listen to nor work with the City Council, let alone respect the Police Oversight Board and the Community Policing Councils. Gonzales is a throwback to the way law enforcement was many years ago before the Black Lives movement. He failed to keep up with the times by implementing constitutional policing practices within BCSO. He opposes many of the DOJ reforms. When Gonzales says, “I answer to the people who voted me into office,” he is saying he answers only to those who support him.

Conclusion

The city is facing any number of problems that are bringing it to its knees. Those problems include the coronavirus pandemic, business closures, high unemployment rates, exceptionally high violent crime and murder rates, continuing mismanagement of the Albuquerque Police Department, failed implementation of the Department of Justice reforms after a full six years and millions spent, declining revenues and gross receipts tax, increasing homeless numbers, lack of mental health programs and little to none economic development.

The city cannot afford another mayor who makes promises and offers only eternal hope for better times that result in broken campaign promises. What is needed is a mayor who actually knows what they are doing, who will make the hard decisions without an eye on the next election, not make decisions only to placate their base and please only those who voted for them. What’s needed is a healthy debate on solutions and new ideas to solve our mutual problems, a debate that can happen only with a contested election. A highly contested race for mayor will reveal solutions to our problems. With Keller and Gonzales, we are faced with voting for the lesser of two evils, or not voting.”

The link to the guest column is here:

https://www.abqjournal.com/2378302/abq-needs-choices-for-mayor-not-the-lesser-of-two-evils-ex-we-need-healthy-debate-on-solutions-and-new-ideas-to-solve-our-problems.html

THERE IS STILL TIME FOR OTHERS TO RUN FOR MAYOR

From April 17 to June 19 is the only time period that candidates for Mayor seeking public financing can circulate nominating petitions for 3,000 signatures and allowed to solicit the $5.00 qualifying donations to the city for public financing. It’s highly likely that given the advantage of the offices they hold, both Mayor Tim Keller and Sheriff Manny Gonzales will likely collect the 3,000 nominating petition signatures and qualify for the $661,309.25 in public finance by collecting 3,779 qualifying $5 donations made to the city by registered voters. Both also have measured finance committees who will raise money to promote their candidacies.

There is plenty of time for other candidates to run as privately financed candidates and raise private campaign donations. The commencement time for privately finance candidates to collect the 3,000 nominating petition signatures for Mayor is much later and is June 8 to August 10. Privately finance candidates can collect donations at an time.

Anyone one interested in running for Mayor is encouraged to contact the City Clerk’s office. The link to the city web site for candidates is here:

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

On January 16, Bernalillo County Sheriff (BCSO) deputies were dispatched to a “down and out” in the Pajarito Mesa, a sprawling area southwest of the city. The deputies found 30-year-old Yahaira Rodriguez dead and a murder victim.

On Sunday, February 21, at approximately 3 a.m. in the morning, 3 vehicles pulled into an empty Albertsons parking lot in the South Valley. Four men got out of the vehicles and began talking. Gunfire soon erupted, leaving Jose Garcia dead and another man shot in the head and arm. Although BCSO did not notify the media or public about Garcia’s homicide more than six weeks ago, it did issue a news release announcing the arrest and booking of Kristopher Gonzalez, 27, on an open count of murder for the killing of Garcia.

On April 8, the Albuquerque Journal reported that BCSO waited until the week of April 5 to report on the 2 homicides that occurred in the county and being investigated by the Bernalillo County Sheriff’s Office. Further, the BCSO waited until April to report that the December 2020 death of Francine Gonzales, 36, on the West Side was ruled a homicide after an autopsy in late March.

The link to the full report is here:

https://www.abqjournal.com/2377985/sheriffs-office-was-mum-on-2021-homicides.html

According to the Journal report, in previous years, including 2020, BCSO regularly sent out email and Twitter alerts when BCSO detectives opened a homicide investigation. BCSO usually gave details on the incident and solicited tips from the public. Until April 7, BCSO had been silent on the 2021 cases, yet increased email and Twitter notifications for warrant roundup operations and “repeat offender” arrests often criticizing the actions of courts for previously releasing the suspects.

BCSO Transparency and Public Information Coordinator Jayme Fuller explained the delay in reporting on the 2 homicides as not always told about homicides, or other incidents, until reporters ask about them and they confirm them with supervisors.

The most troubling fact in the Journal report was glossed over. Buried in the article is the statement:

“Last year, BCSO’s crime statistics were not included in the annual FBI report because the agency didn’t meet the March deadline to report them, and they couldn’t be certified in time.”

The problem is that the yearly FBI statistics are the best measure as to performance measures of BCSO. Further, Bernalillo County and BCSO rely upon those statistics to secure federal grant funding.

MAYOR TIM KELLER AND APD REDACT PERFORMANCE MEASURES

BCSO and Sheriff Manny Gonzales are not the only elected official and law enforcement agency that has failed recently to be transparent when it comes to statistics used to gauge performance. On April 1, 2021, the Keller administration released the 2021-2022 Proposed Operating Budget for the fiscal year that will begin on July 1, 2021 and end June 31, 2022.

When it comes to the Albuquerque Police Department’s (APD), budget, statistics are compiled in areas that reflect performance and outcomes aimed at influencing the larger outcomes and goals that APD is striving to achieve. The performance measures capture APD’s ability to perform the services at the highest level achieved from the previous year and the “target” level for the new fiscal year. Target levels and percentages are merely goals that may or may not be achieved.

The performance measures are absolutely critical in order for the City Council to understand fully the shortcomings and strengths of APD and make critical budget decisions. Without such statics, budget review and decisions are done in the dark and in a real sense become useless, become an exercise in futility and the city council is relegated to rubber stamping whatever budget is presented to them.

For purposes of the proposed 2021-2022 budget, the Keller Administration made the decision to “reimagine how the City looks at performance and progress measures for services to the Albuquerque community. To kick off this work, APD is one of six departments piloting this new approach. As such, the performance measures section will look different from the rest of the departments in this document.”

(2022 Proposed APD Budget, page 149, INNOVATION introduction)

The result of the “reimagining” is a total absence of many statics from the previous fiscal years of 2019, 2020 and 2021. Because of the so called “reimagining”, actual performance statistics from previous years are deleted in the proposed budget and only “targeted statistics” for the 2022 fiscal year are provided. “Targeted” statistics or goals are provided but may never materialize.

When you look at the performance measures contained in APD’s budget, what appears is an actual “redacting” of critical statistics that renders the other statistics meaningless. APD is the one city department that is under a Department of Justice Consent decree with a Court Approved Settlement Agreement (CASA) mandating 271 reforms. The CASA mandates 3 performance measures to be audited by a Federal Monitor.

The link to a related blog article entitled “Keller Administration “Redacts” APD’s Performance Measures In 2022 Budget; Gives Lame Excuse Of “Reimagining”; Failure To Disclose Material Facts Is Fraud” is here:

https://www.petedinelli.com/2021/04/06/keller-administration-redacts-apds-performance-measures-in-2022-budget-gives-lame-excuse-of-reimagining-failure-to-disclose-material-facts-is-fraud/

COMMENTARY AND ANALYSIS

The April 8 Albuquerque Journal article essentially calls out Sheriff Manny Gonzales for his office’s failure in transparency. To quote the report:

“In a May 2018 Journal candidate questionnaire for his reelection, Sheriff Manuel Gonzales said “providing high level transparency and accountability” was first on his list of “most important action(s)” in his career with BCSO.

“Empowering deputies has enhanced our community outreach and improved communication with citizens,” he said.

Since his reelection, Gonzales – who is contemplating a run for mayor of Albuquerque this year – has regularly emphasized a tough on crime approach in news releases, briefings and interviews but doesn’t often talk about transparency.

“Our community is living in fear as violent crime rises. We need to reform our justice system to keep our streets safe and protect the law-abiding majority,” Gonzales said in a statement in a March email spotlighting the release of a repeat offender”

BCSO’s crime statistics not being included in the annual FBI report was likely no mistake. BCSO Sheriff Manny Gonzales has notified the City Clerk that he is running for Mayor. No doubt Gonzales wants to hide the statistics that show our out-of-control high crime rates are just as bad in the county as in the city.

Sheriff Gonzales and his BCSO are just as hapless in dealing with spiking crime rates as Mayor Keller and APD.

During the 2021 New Mexico Legislative Session that ended on March 19, 158 bills were enacted. Friday, April 9, 2021 was the deadline for Governor Michelle Lujan Grisham to sign or veto any and all legislation enacted by the 2021 New Mexico Legislature’s 60-day session that ended on March 19. Any bills not signed by April 9, 2021 were automatically vetoed and it is referred to as the “pocket veto”.

Following is a breakdown of major bills signed into law:

HOUSE BILLS

House Bill 6: Allocates $60 million in federal Impact Aid to districts with vast amounts of tribal and other tax-exempt land. The funding will go to school districts that have a small tax base because they cover tax-exempt land for Native American communities and military bases. The state previously deducted much of the federal money from the districts’ funding allocation, blocking the funds from reaching their intended target.

House Bill 4 : Establishes the state Civil Rights Act. The Civil Rights Act was a major priority of the Governor. The law allows the filing of lawsuits in state District Court against a public agency and their employees, including police officers, for violation a person’s rights under the state Bill of Rights. The law also bars “qualified immunity” as a defense to the claims. Qualified Immunity is legal a legal defense available in federal court.

House Bill 10: Creates the “Connect New Mexico Council” to help coordinate broadband development.

House Bill 20: Requires private businesses to provide paid sick leave for their workers. The paid sick leave takes effect July, 2022. New Mexico joins 15 other states in requiring businesses to provide paid sick leave for their workers.

House Bill 29 and Senate Bill 80: Prohibits discrimination in schools based on a student’s cultural headdress or certain hairstyles, such as braids, cornrows or weaves.

House Bill 47: “End of Life” legislation. This bill enables patients who are terminally ill with the capacity to make informed decisions at the end of their lives to obtain medication for self-administration to help them avoid significant pain and suffering at the end of their lives. The legislation includes significant safeguards for patients and medical practitioners alike. A provider must, among other checks and balances, determine that the terminally ill patient has the mental capacity to make an informed and voluntary decision as well as the capacity to self-administer the medication.

House Bill 55: The bill adds transparency to the capital outlay process and requires the publication of how legislators allocate their capital outlay money. This is considered a transparency measure under debate for years and has been resisted by legislators.

House Bill 68: Expanding the Space Flight Informed Consent Act.

House Bill 76: Allowing denial of air-quality permits to companies convicted of environmental crimes in other states.

House Bill 128: Imposes new reporting requirements for misconduct by school personnel.

HB 177: The Homemade Food Act allows people to sell homemade foods directly to consumers, including out of their home, online and through the mail. It eliminates the burdensome permit requirement that is currently required by the state Environmental Department. It legalizes sales in Albuquerque. New Mexico had one of the strictest laws in the country on homemade food sales with 49 states allowing the sale of foods made in a home kitchen.

House Bill 222: Establishes an ombudsman’s office to investigate and resolve problems with special education.

House Bill 231: Protects polling locations on Native American land.

House Bill 234: Increases oversight of the state’s guardianship system, including new subpoena powers for the State Auditor’s office to access records.

House Bill 266: Requires additional training for certain special education teaching licenses.

House Bill 270: Permitting the testing of self-driving vehicles on New Mexico roads.

House Bill 291: Low Income Comprehensive Tax Rebate and the Working Families Tax Credit. The bill allows the maximum rebate for tax breaks for low-income families to increase from $450 to $730 per year, depending on family size and income levels. According to the Taxation and Revenue Department upwards of 550,000 New Mexico taxpayers will be able to benefit from the tax breaks or about 55% of the total number of state personal income tax filers. Under the legislation, 42,000 New Mexicans from the ages 18 to 24 who were previously not eligible for the Working Families Tax Credit, along with roughly 10,000 immigrant workers who are not U.S. citizens will be allowed to claim the credits.

House Bill 317: Creates new health care affordability fund financed by higher surtax on insurance companies.

SENATE BILLS

Senate Bill 1 (special session): Expands the Local Economic Development Act to allow new incentives designed to recruit large companies to New Mexico. The law authorizes some of the tax revenue generated by large-scale construction projects of $350 million or more be recaptured and used by the state’s “closing fund” to offset the costs of business expansions and relocations.

Senate Bill 8: Allows the state and local governments to set pollution control standards that are stricter than those imposed by the federal government.

Senate Bill 17: Allocates $30 million over the next two years to schools serving a concentration of low-income families with the funding earmarked for math, reading and other programs to support students.

Senate Bill 32: The legislation will ban traps, snares and wildlife poisons on public land. It passed the New Mexico House by one vote, 35-34.

Senate Bill 40: Makes it easier to participate in extended learning and K-5 Plus programs.

Senate Bill 42: Increases taxpayer-funded contributions into the pension system for educators. Government employers will increase their contributions into the fund by 1% for each of the next two years. Legislative finance analysts project the cost will be $34 million in 2022 and $68 million in 2023 fiscal years.

Senate Bill 84: The Community Solar Act is enabling legislation that allows residential consumers, small businesses and some public institutions to directly purchase solar-generated electricity from private developers who will build and operate community-scale facilities around the state. A broad coalition of clean energy advocates supported the bill to provide renters, low-income households, and commercial and government entities that lack capacity for rooftop installations to tap into solar generation.

Senate Bill 93: Establishes a state Office of Broadband Access and Expansion. New Mexico has ranked among the worst states in broadband access. According to a Legislative Council services report 21% of students in public schools in the state live in households without internet subscriptions, according to a 2020 legislative report.

Senate Bill 94: This bill makes major changes when it comes to college sports and allows college athletes to earn money from endorsements and similar work. NCAA rules prohibit such earnings by collegiate and the places New Mexico in conflict with NCAA rules. Nonetheless other states have passed similar legislation thereby placing pressure on NCAA to modernize its rules for student-athletes.

Senate Bill 140: This bill updates New Mexico’s child support laws to avoid the loss of $148 million in federal funding.

Senate Bill 160: This extends public financing to District Court candidates. Currently, public finance is available to Court of Appeals and Supreme Court candidates.

Senate Bill 219: Removing citizenship or legal residency requirements for certain occupational licenses.

Senate Bill 223: This bill authorizes $22 million in cigarette tax revenue bonds to expand the Comprehensive Cancer Center at the University of New Mexico.

Senate Bill 304: Establishing the Citizen Redistricting Committee. The bill establishes a 7-member committee to propose 3 maps for New Mexico’s congressional and legislative districts. The 7-member committee is designed to limit the political influence over the redistricting of federal congressional and state district legislative districts. A retired appellate Judge will chair the committee. Legislators retain the authority to select one of the maps or amend them. Under the bill, the Redistricting Committee cannot rely on partisan or party-registration data to draw district maps. It can consider the addresses of incumbents only to avoid pairing them in one district while weighing other criteria.

GOVERNOR SIGNS $7.4 Billion Budget

On April 9, Governor Michelle Lujan Grisham signed the $7.4 billion dollar budget bill enacted by the state legislature during the 2021 regular legislative session. The budget includes investments for public education, early childhood well-being, economic development and pandemic relief, and behavioral health and infrastructure.

KEY APPROVED APPROPRIATIONS

The approved and signed budget includes:

Spending will increase 5% over the amended fiscal year 2021 budget, with 36% of new General Fund spending going to education initiatives.
Budget includes 1.5% raises for public school and higher ed personnel, as well as state employees and frontline health and social service workers.
$30.7 million increase to the Human Services Department to expand mental health and substance use disorder services.
$17.5 million increase for projects funded through the Local Economic Development Act.
$12 million in additional funding for the Opportunity Scholarship and Lottery Scholarship.
$17 million to restore and revitalize the state’s all-important tourism economic sector as New Mexico works toward the end of the COVID-19 pandemic
$300 million for roadway infrastructure and improvements.

HOUSE BILL 285

The governor also signed House Bill 285 which funds more than $511 million in projects across the state, including:

$10 million for improvements at correctional and health facilities
$12.5 million for Local Economic Development Act projects.
$52 million for tribal projects.
Nearly $48 million for public safety projects
$61 million for water and wastewater projects.
$49 million for higher ed institutions.
Upwards of $34 million for public schools.
$53 million for road projects.
More than $8 million for acequias, ditches and dams.

GOVERNOR’S STATEMENT

Gov. Lujan Grisham issued the following statement:

“This budget is responsible and responsive to the needs of New Mexicans right now and in the future. This legislative season has been a remarkable success for New Mexicans in every corner of our state – with almost a billion dollars in new targeted pandemic relief for businesses and workers and more, with groundbreaking new initiatives in economic development and health care and environmental protection, and with, finally, a solid and sustainable budget that maintains and increases funding for key programs that benefit children and families and workers while ensuring our reserves remain robust and healthy. I want to thank the Legislature and Department of Finance and Administration staff for their diligent work throughout this budget process.”

Links to news sources are here:

https://www.kob.com/albuquerque-news/gov-lujan-grisham-signs-new-mexico-state-budget-/6069431/

https://www.krqe.com/news/politics-government/gov-lujan-grisham-signs-new-mexico-state-budget/

https://www.koat.com/article/gov-lujan-grisham-signs-state-budget/36079049

BILLS VETOED

Friday, April 10, was the deadline to sign or veto bills enacted in the 2021 legislative session. In total, she vetoed 12 bills with veto messages outlining her objections, and she “pocket vetoed” 6 more bills without taking action.

Included in the vetoes were the following:

House Bill 103: This bill sought to raise about $179,000 in revenue through changes to fees paid by water and sewer utilities. In her veto message, Lujan Grisham described the fee increases as unreasonable.

House Bill 240: This bill was to fund a 24-hour emergency health care facility to Valencia County and allowed certain property tax revenue in Valencia County to be dedicated to the effort.

Senate Bill 328: This bill would have allowed for the extension of a water and sanitation gross receipts tax beyond the initial six years approved by voters. Lujan Grisham said voters should decide whether to extend the tax.

Senate Bill 375: This bill would have required annual training of all law enforcement in de-escalation techniques, crisis intervention and responding to people in a mental health crisis. In her veto message, the Governor said she did not object to the extra training but said she couldn’t support the bill because it would have changed the composition of the Law Enforcement Academy Board, weakening civilian oversight.

VETO RATES

The governor vetoed 18 of the 158 bills sent to her by the Legislature in the regular session, a rejection rate of 11%. According to legislative records, Republican Susana Martinez, who served from 2011-18, vetoed about 28% of the bills passed during regular sessions of her administration, and Democrat Bill Richardson, who served from 2003-10, rejected about 15%, according to legislative records.
https://www.abqjournal.com/2378562/lujan-grisham-issues-17-vetoes-on-deadline-day.html

The listing of all bills signed and vetoed can be found at this link:

https://www.sos.state.nm.us/legislation-and-lobbying/signed-chaptered-bills/

COMMENTARY AND ANALYSIS

Although Friday, April 9, 2021 was the deadline for Governor Michelle Lujan Grisham to sign or veto any and all legislation enacted by the 2021 New Mexico Legislature’s 60-day session that ended on March 19, the deadline does no apply to the Special Session. The Governor has more time to sign the legislation legalizing the retail sales of marijuana that was passed in the 2-day special session. The Governor has until April 20 to sign it and the accompanying bills regarding the expungement of cannabis related convictions.

It is something that happens all the time. People do not disclose facts or information to others because it may cause trouble or be embarrassing to them. They usually do not believe that failing to disclose is lying. When it comes to the law, either criminal or civil law, the failure to disclose material facts, ones that are necessary to make an informed decision, is fraud.

So it goes with the 2022 proposed city budget submitted by Mayor Tim Keller’s administration by failing to disclose critical statistical performance measures of the Albuquerque Police Department (APD). On April 1, 2021, the Keller administration released the 2021-2022 Proposed Operating Budget for the fiscal year that will begin on July 1, 2021 and end June 31, 2022. As required by state law, the budget is a balance budget.

The link to the budget is here:

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

EDITOR’S NOTE: The postscript to this bog article provides a summary of APD’s budget highlights.

PERFORMANCE BASED BUDGET STATISTICS ABSENT FROM APD BUDGET

The entire City of Albuquerque budget is what is referred to as a performance-based budget. The City’s budget is formulated in two parts: 1. A financial plan and 2. Performance plan.

The Financial Plan is organized by department budgets and funds, and program strategy. Funds are groupings of related accounts that are used to maintain control over resources that have been segregated for specific activities.

The Performance Plan is organized by goals, desired community conditions, and program strategy. A goal is a long-term result that is further defined by desired community conditions that would exist if the goal were achieved.

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

When it comes to the Albuquerque Police Department (APD), statistics are compiled in areas that reflect performance and outcomes aimed at influencing the larger outcomes and goals that APD is striving to achieve. The performance measures capture APD’s ability to perform the services at the highest level achieved from the previous year and the “target” level for the new fiscal year. Target levels and percentages are merely goals that may or may not be achieved.

The performance measures are absolutely critical in order for the City Council to understand fully the shortcomings and strengths of APD and make critical budget decisions. Without such statics, budget review and decisions are done in the dark and in a real sense become useless, become an exercise in futility and the city council is relegated to rubber stamping whatever budget is presented to them.

For purposes of the proposed 2021-2022 budget, the Keller Administration made the decision to

“reimagine how the City looks at performance and progress measures for services to the Albuquerque community. To kick off this work, APD is one of six departments piloting this new approach. As such, the performance measures section will look different from the rest of the departments in this document.”

(2022 Proposed APD Budget, page 149, INNOVATION introduction)

The result of the “reimagining” is a total absence of many statics from the previous fiscal years of 2019, 2020 and 2021. .Because of the so called “reimagining”, actual performance statistics from previous years are deleted in the proposed budget and only “targeted statistics” for the 2022 fiscal year are provided. “Targeted” statistics or goals are provided but may never materialize.

Tim Keller has been Mayor for the full fiscal years of 2018, 2019, and 2020 and APD has been under the management of his appointed Chief’s as well as the Department of Justice consent decree.

SIX CORE SERVICES

APD provides six core services: Patrol, Community Policing, Special Operations, Dispatch, Investigations and Support Services. The performance measures in all 6 core service categories in the 2021-2022 proposed budget are summarized as follows:

PATROL

Under the core service of Patrol there are 11 performance measures listed. There are no statistics provided in 7 of the 11 measures for the fiscal years 2019, 2020 and 2021. There are no statistics for response times for priority 1 calls answered within 10 minutes, and no response times for priority 2 and 3 calls.

No statistics are provided for the years 2019, 2020 and 2021 as to the percentage of use of force incidents that met policy standards. No statistics are provided for2019, 2020 and 2021 Traffic Enforcement DWI checkpoints

The statics are “redacted” with a gray box area.

(2022 Proposed APD Budget, page 150)

COMMUNITY POLICING

Under the core service of Community Policing, there are only 2 performance measures and the are: 1. Problem-Oriented Policing (POP) Projects and 2. Community Engagement Activities Officers Participated. There are absolutely no statistics provided for fiscal years 2019, 2020 and 2021.

There are 25 Problem-Oriented Policing (POP) Projects that are targeted for 2022 and 950 Community Engagement Activities by Officers targeted for 2022.

Virtually all of APD’s Community Policing Measures in the 2 measures listed are “redacted” with a gray box area.

(2022 Proposed APD Budget, page 150)

EDITOR’S NOTE: In 2017 when Tim Keller was running for Mayor, he promised to return Community Based policing.

SPECIAL OPERATIONS

Under the core service of Special Operations, there are only 2 performance measures of “Tier Level (1-4): FEMA and National Tactical Officers Association (NTOA) certification” and “# monthly hours of tactical training per Special Operations officer”, with absolutely no statistics provided for fiscal years 2019, 2020 and 2021. The performance measures listed are “redacted” with a gray box area.

(2022 Proposed APD Budget, page 151)

DISPATCH

Under the core service of Dispatch, there are 4 performance measures and with no statistics provided on calls answered within 15 seconds with the national standard being 90% and calls answered within 20 seconds with the national standard of 95%.

(2022 Proposed APD Budget, page 151)

The total number of 911 calls are listed as follows:

Number of 911 calls answered in 2018 were 338,765.
Number of 911 calls answered in 2019 were 345,729.
Number of 911 calls answered mid-year 2021 were 177,465

INVESTIGATIONS

Under the core service of Investigations, there are 7 performance measures in the general category of “Solving Crime”, with no clearance rates provided for crimes against persons (e.g., murder, rape assault), no clearance rates provided for crimes against property (e.g., robbery, bribery, burglary) and no clearance rates provided for crimes against society (e.g., gambling, prostitution and drug violations) for the fiscal years 2019, 2020 and 2021. The performance measures listed are “redacted” with a grey box.

(2022 Proposed APD Budget, page 151)

EDITOR’S NOTE: On Wednesday, February 24, 2021 APD Police Chief Harold Median released the city’s 2020 crime statistics as reported by the Federal Bureau of Investigation (FBI). It was the third year in a row that the APD has compiled crime statistics using the National Incident-Based Reporting System and the 3 crime categories of crimes against persons, crimes against property and crimes against society.

What are listed are the “Proposed” statistics for Investigations, for Fiscal Year 2022 that will be APD’s goals for the new fiscal year. The proposed clearance rate for crimes against persons (e.g., murder, rape assault) is 54%, the proposed clearance rate for crimes against property (e.g., robbery, bribery, burglary) is 20%, and the proposed clearance rate for crimes against society (e.g., gambling, prostitution and drug violations) is 80%.

Under the core service of Investigations, homicide clearance rates are provided. In 2019, APD had a homicide clearance rate of 57%, in 2020 the homicide clearance rate was 53%, and in mid-year 2021, the homicide clearance rate was a very disappointing 37%.

Under the core service of Investigations, the following arrest statistics are provided:

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

(2022 Proposed APD Budget, page 151)

EDITOR’S NOTE: the 2021-2022 proposed budget “performance measures” for APD are down by the thousands as to Felony Arrests and Misdemeanor Arrests for the years 2019 and 2020, yet the city’s crime rates are continuing to be out of control. Further note that the number of DWI arrests are also down dramatically by hundreds. APD’s homicide clearance rate continues to decline dramatically and thus far is at 37%.

SUPPORT SERVICES

Under the core service of Support Services, there are 9 performance measures, with the most serious being the 4 crisis intervention measurements.

No home visits by the Crisis Intervention Unit are provided for the years 2019, 2020 nor mid-year 2021. The performance measures listed are “redacted” with a grey box.

No Crisis Interventions for individuals assisted through the Crisis Intervention Unit are listed for the years 2019, 2020 nor mid-year 2021. The performance measures listed are “redacted” with a grey box.

The number of individuals assisted through COAST for 2019 are 1,405 and for 2020 are 2,037 and none for mid-year 2021.

Under Tactical Support, no statistics as to the number of tactical operations supported by the Real Time Crime Center. However, the number of calls in which the Real Time Crime Center responded to are listed as 33,066 for 2019, 28,910 for 2020, approved for 2021 were 30,000 and mid-year 2021 as 16,211.

2020 FBI CRIME STATISTICS RELEASED BY APD

Notwithstanding the failure to provide critical statistics in the proposed 2021-2022 proposed budget, relevant statistics reflecting APD performance have been gleaned from other sources, including statistics APD has reported to the FBI and news sources.

On Wednesday, February 24, 2021 APD Police Chief Harold Median released the city’s 2020 crime statistics as reported by the Federal Bureau of Investigation (FBI). It was the third year in a row that the Albuquerque Police Department (APD) has compiled crime statistics using the National Incident-Based Reporting System.

Each offense collected in NIBRS belongs to 1 of 3 categories:

CRIMES AGAINST PERSONS include murder, rape, and assault, and are those in which the victims are always individuals.

CRIMES AGAINST PROPERTY include robbery, bribery, and burglary, or to obtain money, property, or some other benefit.

CRIMES AGAINST SOCIETY include gambling, prostitution, and drug violations, and represent society’s prohibition against engaging in certain types of activity and are typically victimless crimes.

https://ucr.fbi.gov/nibrs/2018/resource-pages/crimes_against_persons_property_and_society-2018.pdf

The statistics released on February 24 by APD reveal that during the last 3 years, Crimes Against Property have decreased by a mere 7%, but violent Crimes Against a Person and Crimes Against Society have continued to rise. Following are the raw numbers in each of the 3 categories of Albuquerque’s crime statistics:

CRIMES AGAINST PROPERTY (Includes robbery, bribery, and burglary)

2018: 57,328
2019: 51,541
2020: 46,371

Crimes Against Property declined by a mere 7% from 2018 to 2020.

CRIMES AGAINST A PERSON (Include murder, rape, and assault)

2018: 14,845
2019: 14,971
2020: 15,262

Crimes Against Persons increased by 4%. The 4% increase was the same as in 2019 with assaults having a 4% rise. In 2019, violent crime increased 1%. This coincides with the city having reach 80 homicides breaking another record. Bernalillo County recorded 241 shootings. With a 2% increase in violent crime, 2020 fell short of the homicide count but had the second-highest number of homicides with 76 and with Bernalillo County reporting 292 shootings. According to the statistics released, the use of firearms as the percentage of homicides committed with a gun jumped from 69% in 2019 to 78% in 2020.

CRIMES AGAINST SOCIETY (Include gambling, prostitution, and drug violations)

2018: 3,365
2019: 3,711
2020: 3,868

Crimes Against Society had 61% increase weapons law violations in 2020. In 2019, weapons law violations, which include the illegal use, possession and sale of firearms, recorded a 19% increase and an 11% rise in drug offenses.

https://www.abqjournal.com/2363157/2020-saw-a-rise-in-violent-crime-drop-in-property-crime.html

https://www.cabq.gov/police/documents/apd-homicide-list-for-web-site-as-of-15feb2021.pdf

OTHER DUBIOUS CRIME STATISTICS

In 2020, FBI statistics reveal that Albuquerque has the dubious distinction of having a crime rate about 194% higher than the national average. Because of how misleading APD’s performance measures are in the 2022 proposed budget, the city’s crime statistics during Mayor Keller’s full 3 years in office are in order.

ARRESTS

There is a tremendous discrepancy of thousands below the actual numbers reported to the FBI as to the number of felony arrests provided in the 2022 proposed budget. The number of arrests reported in the 2022 proposed budget are:

2019: 10,945
2020: 6,621

The number of arrests reported to the FBI by APD for the four years of 2016-2019 are as follows:

2016: 14,022 total arrests made
2017: 13,582 total arrests made
2018: 15,471 total arrests made
2019: 15,151 total arrests made (NOTE: this is 4,206 more than reported in the proposed 2022 budget. With more arrests, crime should go down.)

FOUR YEAR TOTAL OF ARREST MADE BY APD: 58,226

https://www.petedinelli.com/2021/02/19/the-public-relations-firm-of-keller-1000-arrests-in-6-months-out-of-15000-average-a-year-not-enough-to-bring-crime/

HOMICIDES

In 2018, during Mayor Keller’s first full year in office, there were 69 homicides.

In 2019, during Mayor Keller’s second full year in office, there were 82 homicides.

In 2020, there were 76 homicides in Albuquerque.

As of April 3, 2021, APD has reported 34 homicides.

https://www.abqreport.com/single-post/thirty-four-homicides

Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was 72, in 2017 under Mayor RJ Berry. Another high mark was in 1996, when the city had 70 homicides.

https://www.abqjournal.com/1405615/apd-reports-record-82-homicides-for-2019.html#:~:text=Gilbert%20Gallegos%2C%20a%20police%20spokesman,high%20was%2072%2C%20in%202017.

HOMICIDE CLEARANCE RATES

For the past 3 years during Mayor Keller’s tenure, the homicide clearance percentage rate has been in the 50%-60% range. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, under Mayor Berry the clearance rate was 70%. In 2018, the first year of Keller’s term, the homicide clearance rate was 56%. In 2019, the second year of Keller’s term, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade. In 2020, the APD homicide clearance rate continued to deteriorate was less than 50%. The homicide clearance rate is now at 37% reported in the 2022 proposed budget.

VIOLENT CRIMES

In 2017, during Mayor RJ Berry’s last full year in office, there were 7,686 violent crimes. There were 4,213 Aggravated Assaults and 470 Non-Fatal Shootings.

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

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

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

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

DRUG OFFENSES

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

In 2018 During Keller’s first full year in office, total Crimes Against Society were 3,365.

In 2019 during Keller’s second full year in office, total Crimes Against Society increased to 3,711 for a total increase of 346 more crimes or a 9% increase.

In 2020 during Keller’s third full year in office Crimes Against Society, had 61% increase weapons law violations last year.

AUTO THEFTS

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

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

911 EMERGENCY RESPONSE TIMES

In 2009, under Democrat Mayor Martin Chavez, the average 911 emergency response time to calls, whether it was a life-or-death emergency or a minor traffic crash was 8 minutes 50 seconds.

In 2011, under Republican Mayor RJ Berry the average response times to 911 emergency calls was 25 minutes.

In 2018 and 2019, under Democrat Mayor Tim Keller, the average response times to 911 emergency calls spiked to a full 48 minutes.

COMMENTARY AND ANALYSIS

For the past 3 years in a row, APD has compiled crime statistics using the National Incident-Based Reporting System in the 3 major categories as mandated by the FBI, yet the Keller Administration avoided incorporating those statistics in the 2022 proposed budget.

The Keller Administration proclaims in the proposed APD budget that it

“made the decision to “reimagine” how the City looks at performance and progress measures for services to the Albuquerque community. To kick off this work, APD is one of six departments piloting this new approach. As such, the performance measures section will look different from the rest of the departments in this document.”

It is simply a false statement that “APD is one of six departments piloting this new approach” in that when you examine all 27 individual department budgets, APD is the only department budget where entire statistical performance measure are redacted in areas with grey boxes and that’s why they “look different from the rest of the departments in this document.” No reference nor listing as to the other departments can be located.

When you look at the performance measures contained in APD’s budget, what appears is an actual “redacting” of critical statistics that renders the other statistics meaningless. APD is the one city department that is under a Department of Justice Consent decree with a Court Approved Settlement Agreement (CASA) mandating 271 reforms. The CASA mandates 3 performance measures to be audited by a Federal Monitor.

The City Council budget process is one of the very few times that the council can bore deep down into each of the city department budgets. All too often, Mayor’s and their political operatives view the City Council more of an annoyance as opposed to being a legitimate oversight function. All to often, it becomes a process of members of the City Council asking the Mayor and his top executives the main question “What is it in this budget do you not want us to know about?”

One unmistakable conclusion that can be made is that the Keller Administration in a real sense is perpetrating a fraud on the City Council by failing to disclose material facts that are necessary to make an informed decision as to APD’s budget and performance.

Considering that Mayor Tim Keller has already announced that he is seeking a second 4-year term, it is not at all difficult to figure out why his administration took the time and effort to submit a proposed budget that “reimagines how the City looks at performance and progress measures” when it comes to APD. It is more likely than not the Keller Administration knows full well the data shows just how bad APD is failing in its mission of fighting crime and how dramatic APD has failed in its performance measures.

The City Council will now review the budget and can make changes as it sees fit. The council will hold public hearings April 29 and May 6 and has scheduled to take a final budget vote on May 17 or May 26. The enacted budget takes effect July 1, 2021.

Before the Albuquerque City Council begins public hearings, it needs to demand complete and accurate tabulation of APD’s performance measures, otherwise, they will fail in their oversight of APD and simply acting as a rubber stamp to what Mayor Keller wants.

A link to a related blog article on the entire 2021-2021 proposed budget is here:

City Releases 2021-2022 Proposed $1.2 Billion Budget, $711.5 Million General Fund Budget; City Council Must Ask “What Is In This Budget You Do Not Want Us To Know About?”

________________________________________________

POSTSCIPT

APD BUDGET HIGHLIGHTS

As has been the case for all past budgets submitted by the Keller Administration, public safety continues to be the number one priority of the proposed 2022 city budget. For that reason, the major aspects of APD’s Budget merits review.

The Albuquerque Police Department (APD) continues to be the largest budget department in the city. APD’s proposed budget of $227,696,000 is upwards of 31% of total general fund spending of $711,500,000. APD’s budget will be increased by 23.9% or $43.1 million above the 2021 fiscal budget which was $213 million.

Highlights of the APD proposed budget include:

Funding for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions. APD has 998 sworn officers after the March graduation of cadets from the APD academy. 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.

$2.3 million in funding to annualize funding for 44 additional sworn officer positions added in FY/21.
$3.5 million for a 2% Cost of Living Adjustment (COLA), subject to negotiations for positions associated with a union, health benefits and insurance administration.

$1.6 million for a net increase of 20 full-time positions for two full-time positions for the communications services department, one operation review language access coordinator, one senior buyer, one office assistant to support the Southeast Area Command Station and one office assistant to support the Northeast Command Station. Three full-time positions to support the Real Time Crime Center and 11 investigator positions to support internal affairs and compliance with DOJ.

$1,100,000 million for seven full-time positions added intra-year FY/21 at a total cost of including benefits and reduction of $126 thousand in contractual services for a net cost of $931 thousand.
$800,000 for the Department of Justice Independent Federal Monitor required under the Court Approved Settlement Agreement that is still pending after 6 years.
$400,000 for the Use of Force Review contract.
$800,000 thousand for the maintenance agreement for the new CAD/RMS software.
$106,000 for the family advocacy center lease.
$2,000,000 one-time funding increase Risk Recovery, which represents funding to cover litigation.
$74,000 for the Crisis Intervention (CIT) ECHO project.
$90,000 designated for the student loan forgiveness program for APD Officers.
$986,000 thousand for electronic control weapons (TAZER weapons).
$90,000 thousand for the CNM Cadet Academy.
$50,000 for the drag racing tactical plans from FY/21.

Funding for the following new positions are included:

One senior advisor to the Mayor and CAO and one internal investigations manager were created.
One violence intervention data analyst and one violence intervention special projects manager were created to support the critical mission of reducing violent gun crime in the City.
One Superintendent of Police reform position created to provide guidance in reshaping the training, internal affairs and compliance with the Department of Justice and the Court Approved Settlement Agreement (CASA) reforms.
One Assistant City Attorney was created for APD.