Before You Sign Nominating Petitions Or Donate $5, Ask Questions

The 2021 Albuquerque Municipal election for Mayor and City Council officially started on March 1. It was the first day candidates can declare to seek public finance beginning an 8-month election process. Election day is Tuesday, November 2, 2021. On the ballot this year will be the office for Mayor and the 5 odd numbered city council districts of the 9 city council seats. The council seats up for election are City Council seats 1, 3, 5, 7, and 9.

Thus far, there are 4 candidates for Mayor and 10 candidates for city council in the various council districts. The postscript to this blog contains a listing of those known to be running as well as the time frames to collect $5 qualifying donations and petition nominating signatures from registered Albuquerque voters.

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, high unemployment rates, increasing homeless numbers, lack of mental health programs and little economic development.

QUESTIONS AND ISSUES

Before signing any petitions or donating to candidates, voters should know where candidates stand on the issues they care about and what they will do if elected. A few questions and issues candidates for Mayor need to think about and disclose their positions on include the following:

CITY PERSONNEL AND SERVICES:

1. Should the current Chief Administrative Officer, City Attorney, Chief of Police, Fire Department Chief, Chief of Staff, Chief Operations Officer and all other current department directors be replaced and if so with whom?
2. Are you in favor of a state “right to work statute” that would impact or eliminate city employee unions?
3. Should city unions be prohibited from endorsing candidates for municipal office?
4. Are you in favor of privatizing city services or work such as public safety, the 311 call center operations, the bus system or the maintenance and repair work done at city facilities such as the Bio Park?

APD AND CRIME:

1.What is your position on the Albuquerque Police Department (APD) and the Department of Justice (DOJ) consent decree and mandated reforms?
2. The city and APD have been working under a federal court approved settlement agreement for 6 years after the Department of Justice found a “culture of aggression” and the use of deadly force. The city has spent millions a year on the reforms and the city is no closer to the dismissal of the case. Is it time to have APD placed in receivership of the federal court or should the case just be dismissed?
3. What would you do to enhance civilian oversight of APD and the implementation of the Department of Justice mandated reforms?
4. Should the APD Chief, Assistant Chief, Deputy Chiefs and APD command staff be replaced with a national search and replaced by “outsiders”?
5. Should a national search be conducted for a new law enforcement management team to assume control of APD and make changes and implement the DOJ consent decree mandated reforms?
6. Should the function of Internal Affairs be removed from APD and civilianized under the city Office of Inspector General, the Internal Audit Department and the City Human Resources Department?
7. What are your plans for increasing APD staffing levels and what should those staffing levels be?
8. Since 2010, there have been 41 police officer involved shootings and the city has paid out $50 million to settle deadly force and excessive use of force cases. Should the City return to a “no settlement” policy involving alleged police misconduct cases and require a trial on the merits or a damages jury trial?
9 What are your plans or solutions to bringing down high property and violent crime rates in Albuquerque?
10. Should APD personnel or APD resources be used in any manner to enforce federal immigration laws and assist federal immigration authorities?
11. Should APD and the Bernalillo County Sherriff’s Office be abolished and consolidated to form one regional law enforcement agency, combining resources with the appointment of a governing civilian authority and the appointment of a Superintendent of Public Safety?

THE ECONOMY:

1.What strategy would you implement to bring new industries, corporations and jobs to Albuquerque?
2. Albuquerque’s major growth industries include health care, transportation, manufacturing, retail and tourism with an emerging film industry. What programs would you propose to help or enhance these industries?
3. Do you intend to keep the current Director of the City’s Economic Development Department and support staff?
4.The current budget for the Economic Development is $7.5 million out of a $1.2 Billion Budget, would you be in favor of more than tripling the budget to allow for investment grants?
5. To what extent should tax increment districts, industrial revenue bonds and income bonds be used to spur Albuquerque’s economy?
6. What financial incentives do you feel the city can or should offer and provide to the private sector to attract new industry and jobs to Albuquerque, and should that include start-up grants or loans with “claw back” provisions?
7. What sort of private/public partnership agreements or programs should be implemented to spur economic development?
8. What sort of programs or major projects or facilities, if any, should the city partner with the State or County to spur economic development?
9. What programs can the city implement to better coordinate its economic development with the University of New Mexico and the Community College of New Mexico (CNM) to insure an adequately trained workforce for new employers locating to Albuquerque?
10. Are you in favor of the enactment of a gross receipt tax or property tax dedicated strictly to economic development, programs or construction projects to revitalize Albuquerque that would be enacted by the City Council or be voter approved?
11. What programs can Albuquerque implement to insure better cooperation with Sandia Labs and the transfer of technology information for economic development.
12. On September 6, 2019, a $29 million infrastructure bond tax package was approved by the Albuquerque City Council at the Mayor’s request to be financed by the City’s Lodger’s Tax. The lodger tax bond package was labeled as a “Sports – Tourism Lodger Tax ” because it was to be used for a number of projects around the city labeled as “sports tourism opportunities.” The lodger tax is paid by those staying at hotels and vacation rentals in the city and by ordinance is to be used to promote tourism, not athletics facilities for general population use. Do you feel that this was appropriate?

PLANNING AND DEVELOPMENT:

1.What is your position on the rewriting of the comprehensive zoning code which was an attempt to bring “clarity and predictability” to the development regulations and to attract more “private sector investment”? Critics say it has essentially “gutted” sector development plans by the development community and it has repeal all sector development plans designed to protect neighborhoods and their character.
2. Should the City of Albuquerque seek the repeal by the New Mexico legislature of laws that prohibit city annexation of property without county approval?

EDUCATION:

1.Should the City of Albuquerque have representation or be included on the Albuquerque School board, the University of New Mexico Board of Regents and the Community College of New Mexico Board?
2. What should the City do to help reduce high school dropout rates?
3. Should the City of Albuquerque advocate to the New Mexico legislature increasing funding for early child care development programs and intervention programs with increased funding from the permanent fund?
4. What education resources should or can the City make available to the Albuquerque school system?

POVERTY AND THE HOMELESS

1. What should be done to reduce the homeless population in Albuquerque?
2. What services should the City provide to the homeless and poor if any?
3. Should the City continue to support the “coming home” program?
4. Should the city be more involved with the county in providing mental health care facilities and programs?
5. The city has purchased the 530,000 square foot Gibson Medical Center for $15 Million. Should the facility be converter to one, single 24/7 homeless shelter facility for 300 or more homeless as a centralized facility or should the city use a “multi-site approach” to the city’s homelessness crisis and have a number of smaller shelters that would only house up to 50 to 75 people?

TAXATION AND PROJECT FINANCING:

1.Are you in favor of increasing the city’s current gross receipts tax or property taxes to pay for essential services and make up for lost gross receipt tax revenues caused in part by the repeal of the “hold harmless” provision and that has mandated budget and personnel cuts during the last 7 years?
2. Do you feel that all increases in gross receipts taxes should be voter approved?
3. The City has borrowed over $63 million dollars over the past two years to build “pickle ball” courts, baseball fields and the ART bus project down central by bypassing voters and using revenue bonds as the financing mechanism to pay for big capital projects. Do you feel revenue bonds is an appropriate funding mechanism for large capital projects?
4. Are you in favor of constructing an outdoor soccer stadium costing $60 Million to $80 or a multipurpose arena funded by use of bonding and where should it be built?

OTHER ISSUES

1. What is your position on the mandatory sick leave initiative known as the “Healthy Workforce” ordinance mandating private businesses to pay sick leave to employees?
2. Should the City and the City Attorney’s office enforce the increase in the minimum wage and mandatory sick leave initiatives?
4. If you qualify to be a public finance candidate, will you truly be a public finance candidate or do you intend to rely upon measured finance committee’s set up to promote your candidacy?
5. Should major capital improvement projects such as the Albuquerque Rapid Transit (ART) project, be placed on the ballot for voter approval?
6. What is your position on the ART Bus project and should the line be dismantled and should historic Route 66 be restored to its original number of lanes and the ART Bus platforms dedicated to new uses ?
7. Should Albuquerque become a “sanctuary city” by City Council resolution or by a public vote or not at all?

CONCLUSION

The city cannot afford a mayor nor city councilors who makes promises and offers only eternal hope for better times that result in broken campaign promises. What is needed are city elected officials who actually know what they are doing, who will make the hard decisions without an eye on their 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 races reveal solutions to our problems.

Voters are entitled to and should expect more from candidates than fake smiles, slick commercials, and no solutions and no ideas. Our City needs more than promises of better economic times and lower crime rates for Albuquerque and voters need to demand answers and hold elected officials accountable.
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POSTSCRIPT

CANDIDATES FOR MAYOR

DEMOCRAT INCUMBENT MAYOR TIM KELLER
DEMOCRAT SHERIFF MANNY GONZALES
NICHOLAS BEVINS
PATRICK BEN SAIS

From April 17 to June 19, 2021, publicly financed candidates for Mayor must gather both 3,000 signatures from registered voters within the City and the $5.00 qualifying donations. Each name and signature on the nominating petition is reviewed and compared to the voter registration rolls. If the person who has signed the petition name is not on the voter registration rolls, it is disqualified. Therefore, far more than 3,000 signatures are needed to take into account disqualified signatures. Consequently, as many signatures above the 3,000 requirement is recommended for a “buffer” in order to ensure the minimum number of nominating signatures are secured.

LATER TIMES FOR PRIVATELY FINANCE CANDIDATES FOR MAYOR

The time for privately financed candidates for Mayor to collect signatures is much later from publicly finance candidates. That time is from June 8 to August 10, 2021. Privately Finance Candidates for Mayor must also gather 3,000 signatures from registered voters within the City.

CANDIDATES FOR CITY COUNCIL

On the November ballot this year will be the 5 odd numbered city council districts of the 9 city council seats. The council seats up for election are City Council seats 1, 3, 5, 7, and 9. Thus far, the candidates for City Council the November 2, 2021 municipal election are:

DISTRICT 1: Albuquerque’s Central West Side.

Incumbent City Councilor Lan Sena announced announced on April 25, she is seeking a full term after having been appointed by Mayor Keller to fill out the term of the late City Councillot Ken Sanchez.

District 3: Southwest part of Albuquerque.

Incumber City Councilor Klarissa Peña is making it known she will be seeking another term.

DISTRICT 5: Northwest part of Albuquerque

INCUMBENT CITY COUNCILOR CYNTHIA D. BORREGO is making it known she will be seeking another term.
PHILLIP RAMIREZ

DISTRICT 7: Mid-heights including uptown and parts of the near northeast heights.

Tammy Fiebelkorn
Mauro Walden-Montoya

DISTRICT 9: Far Southeast Heights and Foothills.

Andrew Lipman
BYRON K POWDRELL
ROB GILLY, JR.
RENEE GROUT

From May 31 to July 5, 2021, publicly financed candidates for City Council must gather 500 qualifying signatures from registered voters within the district the candidate wishes to represent. From May 31 to July 5, 2021, or approximately 4 weeks, publicly finance candidates for City Council can collect the $5.00 donations. There are varying number of $5.00 donations for each council district.

PRIVATELY FINANCED CANDIDATES FOR CITY COUNCIL NOMINATING SIGNATURES

The time for privately financed candidates for City Council to collect signatures is from July 6 to August 10, 2021. Privately Financed Candidates for City Council must gather at least 500 signatures from registered voters within the district the candidate wishes to represent.

Saturday, April 17 was the first day that candidates for Mayor and City Council seeking public financing were allowed to start circulating nominating petitions for signatures and allowed to solicit the $5.00 qualifying donations for public financing. The commencement time for privately finance candidates to collect nominating petition signatures for Mayor is June 8 and for City Council it is July 6.

Another Candidate For Mayor, Maybe Two; 5 More Candidates For City Council; One Measured Finance Committee For Keller

Saturday, April 17 was the first day that candidates for Mayor and City Council seeking public financing were allowed to start circulating nominating petitions for signatures and allowed to solicit the $5.00 qualifying donations for public financing. The commencement time for privately finance candidates to collect nominating petition signatures for Mayor is June 8 and for City Council it is July 6.

City Clerk records reveal that there is one more candidate for Mayor, 3 more candidates for City Council and a measured finance committee set up for the re election of Mayor Tim Keller.
The link to the city clerks web site is here:

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

ONE MORE CANDIDATE FOR MAYOR, MAYBE TWO

RADIO TALK SHOW HOST EDDY ARAGON

According to the City Clerk’s records radio talk show host Eddy Aragon has submitted his candidate registration paperwork to run for Mayor. Aragon also ran for Mayor four years ago but failed to get on the ballot and collect the $5.00 qualifying donations for public finance because of a last-minute entry. Just recently, Aragon ran against State Republican Party Chairman Steve Pierce for Republican Party chairman proclaiming the party needed a new generation of leader. Aragon is an extreme, right wing conservative and staunch supporter of President Trump. Aragon is known for his sharp tongue approach on his radio programs that alienates both friends and foes alike. Aragon has essentially bought into the Sean Hannity approach to promoting right wing conservatism. Aragon has been extremely critical of Mayor Tim Keller and Keller’s progressive agenda at the city, and that is likely to get worse even if Aragon does not run.

NEWS UPDATE: ARAGON OUT

On April 27, “New Mexico Politics With Joe Monahan” has reported that Republican talk show host Eddy Aragon is not running for Mayor:

Radio talk show host, Republican and avid Trump backer Eddy Aragon told us Monday he will not be launching a mayoral candidacy, after speculation that he might:

“I don’t have the motivation to run. I have a business to attend to but I will continue to point out the wrong direction the NMGOP is taking including the role of Steve Pearce and Jay McCleskey. Republicans are backing Democrat Gonzales and that is traitorous. Not to mention that the current crime wave has happened under Gonzales’ watch.”

FORMER COUNTY COMMISSONER LONNIE TALBERT

It has been reported that former Bernalillo County Commissioner and Commission Chairman Lonnie Talbert has said “he’d “definitely consider … if it were the right opportunity at the right time.” Talbert is a bank executive and president with Southwest Capital Bank. Talbert recently termed out after eight years representing the county’s northeast district on the commission.

https://www.abqjournal.com/2383801/several-vying-for-abq-mayors-office.html

FOUR MORE FOR CITY COUNCIL

District 1

On Sunday, April 25 District 1 City Councilor LAN SENA announced that she is running for her first full term to the City Council. She represents Albuquerque’s Central West Side. She was appointed to the City Council in March 2020, by Mayor Tim Keller. To date there are no others running in District 1.

DISTRICT 5

CYNTHIS BORREGO: On April 29, City Councilor Cynthia Borrego filed her Candidate Registration form with the City Clerk and is listed as seeking public financing. JOSHUA MARTINEZ is listed as her Treasurer. Borrego has yet to make a formal announcement, but her registration and collection of $5 qualifying donations to the city confirms she is running for a second 4 year term.

DAN LEWIS: April 18 former Albuquerque City Councilor Dan Lewis for the District filed his intent Listed as the thee Treasurer for the Lewis campaign is ELLIS MCMATH. Listed as an Alternate contact is MEGAN MCMILLAN who ostensibly is a political campaign consultant who works for Jay McClusk in that the contact email is for MCCLESKEY MEDIA. Jay McClusky in the former campaign manager for former Governor Susana Martinez and former Republican Mayor RJ Berry and is the go to guy for Republican candidates. Jay McClusky is known as a “slash and burn” political consultant.

PHILLIP RAMIREZ has submitted his candidate registration paperwork to run for City Council District 5. District 5 is the Northwest part of Albuquerque. Democrat City Councilor Cynthia D. Borrego is the incumbent and she was elected to City Council in November 2017. Ramirez was one of 5 candidates in 2017 who initially ran against Councilor Borrego, but Ramirez failed to qualify for the ballot.

Listed as the Treasurer for the Ramirez campaign is CORRINE TREVINO. Also listed as her email address is SISTO@ABEYTAASSICIATES.COM. Sisto Abyeta is a very well know progressive Democrat political consultant who has been involved in many campaigns over the years. He is the primary principal in his political consulting firm Abeyta Associates. It is more likely than not that Abeyta is the campaign manager for Ramirez. In 2019, Sisto Abeyta was the main political consultant for Democrat Joseph Griego who ran for City Council District 2 and was the first to qualify for public financing but District 2 incumbent City Councilor Isaac Benton prevailed beating out 4 opponents.

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7113

DISTRICT 7

District 7 is current represented by Diane Gibson. District 7 is Albuquerque’s mid-heights including uptown and parts of the near northeast heights. On April 20, it was reported that Diane Gibson will not be seeking a third term. The city clerk lists Tammy Fiebelkorn as a candidate for the position but she has yet to announce.

On April 26, attorney and community activist Mauro Walden-Montoya announced he is running to fill the vacancy. Mr. Montoya was born and raised in Albuquerque, he is a Highland High School graduate, a New Mexico State graduate and he is a 1984 George Washington University Law School graduate. He has been very involved with the Albuquerque LGBTQ community and organizing the Gay Pride Parade in Albuquerque. Mauro Walden-Montoya is the past the president of the Albuquerque LGBTQ Chamber of Commerce. He has been the LGBTQ Ambassador for the city’s One Albuquerque program and coordinated the Western Business Alliance conference in 2020. He is a board member for Planned Parenthood of the Rocky Mountains and works at the City of Albuquerque and Albuquerque Tourism & Scenic Factory. He is married to Andy Walden Montoya since July 5, 2014.

The link to Mr. Walden-Montoya’s announcement in here:

https://www.facebook.com/DaddyMauro/videos/10159511077328552/?comment_id=10159511122498552&notif_id=1619485450214182&notif_t=feedback_reaction_generic&ref=notif

DISTRICT 9

On February 27, Republican City Councilor Don Harris who was first elected to the City Council in 2005, announced he is not running for another term (as if anyone knew he has been on the council for 14 years). District 9 is the far Southeast Heights and Foothills.

There are two new candidates that have filed candidate registrations for City Council District 9, bring the total number up to 4 candidates with Byron Powdrell and Andrew Lipman.

The two other candidates are ROB GILLY, JR. and RENEE GROUT.

ROB GILLY, JR. is seeking public financing. The link to the Rob Grilly City Clerk page is here:

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7116

STEPHANIE TEICH-MCGOLDRICK is listed as the Treasurer for Rob Grilley Jr for City Council.

RENNE GROUT

Renee Gout is seeking public financing. The link to the Renee Grout City Clerk page is here:

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

Listed as the Treasurer for Renee Grout is RUSS HILLER.

Listed as the alternate contact for Renee Grout is MEGAN MCMILLAN.

ONE MEASURED FINANCE COMMITTEE FOR MAYOR TIM KELLER

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

All Measure Finance Committees must register with the Albuquerque City Clerk, regardless of the group’s registration as a political action committee (PAC) with another governmental entity, county, state or federal. Measure finance committees are allowed to commence fundraising at anytime but are required file financial statements and limits on donations are provided by law.

Measure finance committees are not bound by the individual contribution limits and business bans like candidates. However, a Measure Finance Committee that receives aggregate contributions more than 30% of the Mayor’s salary from one individual or entity, must incorporate the donor’s name into the name of the committee. No Measure Finance Committee is supposed to coordinate their activities with the individual candidates running for office, but this is a very gray area as to what constitutes coordination of activities and it is difficult to enforce.

Two measured Finance committees have been formed ostensibly to support and promote Manny Gonzales For Mayor. Those measured finance committees are:

1. RETIRED LAW ENFORCEMENT FOR A BETTER ALBUQUERQUE

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

The chairperson of the “Retired Law Enforcement for a Better Albuquerque is Jason Katz and the Treasurer is listed as Sistine Jaramillo. Upon information and belief, Jason Katz is a former and retired Chief Deputy of the Bernalillo County Sheriff’s Office and is a longtime supporter and has worked for Gonzales. No background information could be located on Sistine Jaramillo.

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7104

2. SAVE OUR CITY

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

The Chairperson of “Save Our City” is Sam Vigil and the Treasurer is Republican State Representative Bill Rehm.

Sam Vigil is the husband Jacquiline Vigil who was gun down in her car backing out of the family home driveway in the early morning hours as she was leaving for the gym. She is the mother of 2 state police officers.

Bill Rehm is a Republican New Mexico State Representative District 31, Bernalillo County, has been a State Representative since 2006. Rehm retired in 2000 from BCSO Sheriff’s office as Captain.

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7109

AND NOW THERE IS ONE FOR KELLER

As of April 26, one measured finance committees has been formed to support Mayor Tim Keller’s bid for a second 4 year term .

The Measured finance committee is identified as “ BUILD BACK ‘BURQUE”.

STATED PURPOSE: Support mayor Tim Keller’s re-election to a second term for the city of Albuquerque

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

https://theaapc.org/awards/40-under-40/class-of-2016/michelle-mayorga/

The Treasurer for “Build Back ‘Burque” is Robert Lara. Mr. Lara is a licensed New Mexico attorney and is the former State Treasurer of the Democratic Party of New Mexico.

https://campaignfinance.cabq.gov/PublicSite/SearchPages/OrganizationDetail.aspx?OrganizationID=7112

COMMENTARY: With well known Democrat Robert Lara, the former Democratic Party Treasurer and Michelle Mayorga, a highly successful Democratic political operative and fund raiser on board to head up “Build Back ‘Burque” you can expect they will be tapping into high dollar end donations within the Democratic Party from throughout the State and nationally. Both Lara and Mayorga have a proven record of raising high dollar campaign donations. It’s likely Lara and Mayorga will raise upwards of $1 million or even more to promote Keller for Mayor. Further the fund raising duo will likely solicit donations from Keller donors when he ran for State Senate and State Auditor where he raised hundreds of thousands in large donations from the Democratic party faithful. The meaning of the name of the measured finance committee “Build Back ‘Burque” is difficult to understand and it should have been called “Buy Back Burque Again”.

OTHER POTENTIAL REPUBLICAN CANDIDATES TO WATCH

Even though the qualifying period to collect $5.00 donations and nominating petitions commence on April 17 and ends June 19, 2021 for publicly financed there is still more than enough time for many more to run for Mayor as privately financed candidates. The time for privately financed candidates for Mayor to collect signatures is much later from publicly finance candidates. That time for Privately Finance Candidates for Mayor to gather 3,000 signatures from registered voters within the City is from June 8 to August 10, 2021.

With two highly visible Democratic candidates running for Mayor, the chances of more Republicans entering the race does increase. A few of those Republicans being mentioned include:

1. Republican and former City Councilor Dan Lewis

Lewis lost to Keller 3 years ago in a landslide runoff. Lewis is giving mixed signals if he wants to run again for his old city council seat or run for Mayor. Lewis relied on private finance to run for Mayor 4 years ago. Review of all the campaign finance reports filed with the City Clerk reveals that Republican Dan Lewis raised more than $847,000 in private cash contributions for his 2017 run for Mayor and raised more than $22,000 in “in-kind” contributions for the elections for a total of $869,000, which is an impressive amount of money by any measure for a municipal election.

2. Republican Michelle Garcia Holmes

Garcia Homes is a retired APD officer and Democrat Attorney General Gary King’s spokesperson, a 2017 candidate for Mayor, the 2018 Republican candidate for Lt. Governor and the 2020 Republican Candidate for Congress and staunch Trump supporter even after the January 6 insurrection and takeover of the United States Capital. Garcia Homes posted on FACEBOOK that it was not Trump supporters who stormed the capitol on January 6 but “antifa” dressed up pretending to be Trump supporters.

3. 2020 Republican US Senate candidate Mark Ronchette

Mark Ronchette could easily run for Mayor. Ronchette made a respectable showing for U. S. Senate and his strong Republican base of support and likeability by his viewers in Albuquerque would make him formidable in a nonpartisan race such as Mayor.

4. Republican Steve Maestas

Steve Maestas is a respected and successful real estate developer and principal of Maestas & Ward. He has never run nor held public office before and is unknown to the general public. Sources are saying is he is willing and wealthy enough to self-finance, but saying it and doing it are always two totally different things.

5. Republican freshman City Councilor Brook Bassan

City Councilor Bassan is emerging as a major critic of Mayor Keller on the City Council and making some sense at times. Bassan still has very limited understanding of city government and how it works after serving only two years, but would likely attract strong Republican support both in organization and funding.

COMMENTARY AND ANALYSIS

Mayor Tim Keller is no doubt breathing a little easier now that a measured finance committee has been formed to raise money and promote him. In 2017, Keller’s public finance campaign was underwritten by 3 measured finance committees that raised thousands of dollars to promote Keller for Mayor. Keller did not discourage it but mislead the public when he said he was opposed to dark money campaign contributions but said he was “walking the talk” by accepting public finance and agreeing to the spending cap. He is doing it all over again as he runs for a second term. The beauty of such a scheme is to be able to run a positive campaign with you public finance money and let the measured finance committee throw the political collective feces at your opponents.

In the 2017 municipal election, “ABQ Forward Together” was the progressive measured finance committee that was formed specifically to raise money to promote progressive Tim Keller for Mayor. The measured finance committee chairperson was Neri Olguin a former campaign manager of Tim Keller’s when he successfully ran for State Senate and who is now an alternate contact for the 2021 Keller campaign. “ABQ Forward Together” raised over $663,000 for Keller’s 2017 bid for Mayor. The amount included cash donations or in-kind donations from the Working Families Party, Ole and the Center for Civic Action.

During the 2017 Mayor’s race, Keller received significant support in one form or another from the progressive organizations of OLÉ of New Mexico, the New Mexico Working Families Party, and Progress Now New Mexico. All 3 organizations or their membership in one form or another became very involved with the 2017 Albuquerque Mayor’s race.

When it was all said and done, a total of $1,358,254 was actually spent on Tim Keller’s 2017 successful campaign for Mayor. According to City Campaign finance reports, Keller was given $506,254 public finance money, $663,000 was raised by the measured finance committee ABQ Forward for Keller, $67,000 was spent by ABQFIREPAC on Keller’s behalf and $122,000 was spent by ABQ Working Families for Keller for a total of $1,358,254.

2021 MAYOR’S RACE

It is more likely than not the Mayor Tim Keller and Sheriff Manny Gonzales will likely qualify for the $661,309.25 in public finance by collecting 3,779 qualifying $5 donations made to the city by registered voters. The same cannot be said for Mayor candidates Nicholas Bevins and Patrick Ben Sais given the extreme difficulty it takes to collect that many $5 donations unless you have hundreds of dedicated supporters. In order to collect 3,779 qualifying donations over the 64 days allotted, a candidate’s campaign must collect at least 59 donations a day plus 3 more.

(64 collection days X 59 donations a day + 3 = 3,779)

If Bevins, Sais and Aragon fail to collected the 3,779 qualifying donations of $5.00 for public financing of $660,000, they can always revert to and elect to private financing. They are still required to collect the 3,000 in nominating petition signatures.

MEASURED FINANCE COMMITTEES WARP MAYOR’S RACE

The fact that measure finance committees are not bound by the individual contribution limits and business bans like candidates is what makes them a major threat to warping and influencing our municipal elections and the outcome. Any Measure Finance Committee can raise and spend unlimited amounts of money and can produce negative ads to destroy any candidate’s reputation and candidacy.

The influence of big money in elections allowed by the US Supreme Court decision Citizens United is destroying our democracy. Political campaign fundraising and big money influence are warping our election process. Money spent becomes equated with the final vote.

Money drives the message, affects voter turnout and ultimately the outcome. It is disingenuous for any public finance candidate to secure taxpayer money first to run their campaigns, agree in writing to a spending cap, and then have their political operatives or supporters solicit or create a measure finance committee to help them get elected and spend massive amounts of money to give them an unfair advantage in the first election and then the runoff.

Voters need to follow the money and demand to know where the outside money known as “dark money” is coming from for any Measure Finance Committee and find out exactly who is trying to influence the election for the candidates. Voters need to beware of the candidates and their political consultants who are seeking help from measured finance committees to be fully informed as to who they are indebted to once they have been elected.

Links to previous related blog articles are here:

2021 Election For Mayor And City Council Starts March 1; 3,000 Petition Signatures For Mayor, 500 Signatures For City Council; $661,309 Public Finance For Mayor And $40,000 To $50,000 For Council; City Hall Jobs At Stake; Measured Finance Committees Will Warp 2021 Municipal

Four Seek Public Finance For Mayor, Two Seek Public Finance For City Council; “Elementary My Dear Watson” Who Two Measured Finance Committees Will Be Raising Money And Promoting For Mayor

A Petty and Retaliatory Internal Affairs Investigation Ordered By APD Chief Medina

On April 21, it was reported that APD Chief Harold Medina has ordered the APD Internal Affairs Division to open an investigation of a former Albuquerque police officer who recently retired. The grounds of the Internal Affairs Investigation is that the retiring police officer sent a “farewell email” to all his colleagues. The email was considered highly contentious by Chief Medina.

In the email, the officer thanked his coworkers for their friendship, and the department for its training. He then went on to criticize the mandatory Department of Justice police reforms. The retiring officer wrote in part:

“Remember that the overwhelming majority of citizens do not care about ‘police reform,’ but rather they care about the crime that is plaguing this city. It is your job to take care of that crime, and you should not be constrained from doing so.”

In ordering the Internal Affairs Investigation, APD Chief Harold Medina said it was unfair of that officer to make that generalization. Medina had this to say as justification for the Internal Affairs investigation:

“When you have an individual, who chooses to leave this department and make statements such as ‘The vast majority of the community doesn’t care about police reform’ and ‘They care about crime only,’ that’s an unfair statement to make on behalf of the community. If this employee looks to get hired on in other locations, it’s imperative that we have a complete process and a package to be able to allow their internal affairs to recognize and understand what type of individual they’re hiring. … I would venture to say that most agencies in today’s climate would have concerns if someone doesn’t believe in police reform.

UNION REACTION

The police union was quick to condemn the IA investigation. The union said the investigation into an officer who doesn’t even work at the department anymore is nothing but a waste of time and taxpayer dollars. The union added that the IA investigation is just one example of the department handcuffing its own officers by over scrutinizing them. The police union has said officers feel like they’re under a microscope, and that APD will lose many of them as a result.

Shaun Willoughby, president of the Albuquerque Police Officers Association (APOA) had this to say about the email:

“We call that a little parting gift. … I think in a highly sensitive reading of the email, they might say, ‘Oh my gosh. He said something negative about reform,’ which is absolutely comical. … One thing is for certain—there is no morale, and the officers don’t feel safe doing their job because they’re damned if they do, damned if they don’t. ”

The retiring officer’s email comes shortly after an APD sergeant was put on administrative leave for his role in an arrest at a protest earlier this month and after 20 Emergency Response Team members resigned. As to the protest, Medina said the Internal Affairs is looking at if the sergeant involved did not do what a lieutenant told him.

The link to the quoted source material is here:

https://www.kob.com/albuquerque-news/apd-launches-internal-affairs-investigation-after-former-officer-sends-out-controversial-email/6082816/?cat=500

COMMENTARY AND ANALYSIS

There is no getting around it. The only way you can characterize APD Chief Medina calling for an Internal Affairs Investigation over an email that was a parting shot by a retiring office to the department is retaliatory that borders on being vindictive. It’s alarming that Medina would says “If this employee looks to get hired on in other locations, it’s imperative that we have a complete process and a package to be able to allow their internal affairs to recognize and understand what type of individual they’re hiring”. What Medina has done is make an “admission against interest” showing the Internal Affairs Investigation is retaliatory. Any labor law attorney worth their salt will no doubt have a field day with such a remark if the retiring police officer is in fact deprived of a job or livelihood.

The City Attorney may want to have a very long talk with APD Chief Medina and advise him that New Mexico has now enacted a Civil Rights Act. Under the act, a cause of action has been created for anyone to sue government employees for violations of civil rights, including freedom of speech. The defense of qualified immunity does not exist for such actions. The email sent by the retiree was likely protected free speech.

Medina has a history and a reputation for reactive decision-making and his ordering an IA investigation on a retired police officer for comments made in an internal memo confirms that reputation. Instead of reacting to the email by ordering and Internal Affairs Investigation, Medina should have ignored it or merely thanked the officer for his years of service, expressed disappointment that the officer felt that way and move on with more pressing issues. But no, Medina could not resist one final cheap shot to make sure everyone knows who is in charge.

A Recording Reflecting Failed Leadership By APD Chief Harold “Pity Me” Medina; A Defective Criminal Complaint Filed By APD; ERT Team Reacted Professionally And As Trained

On Sunday, April 11, hundreds of people went to downtown Civic Plaza as “counter protesters” in response to rumors that the white supremacist group “Proud Boys had planned to hold a rally. As a precaution, APD’s Emergency Response Team, which are police officers trained to deal with protests and unrest, were dispatched.

White supremist and the Proud Boys never showed up. However, 26-year-old Deyontae Williams did show up. He was armed with a rifle and a handgun and accompanied by a woman and two young children. Williams stood across the street of Civic Plaza in front of the convention center holding a sign that said “all guns matter.” ERT Officers approached Williams who told the officers he was not planning to enter Civic Plaza where firearms are banned.

Williams caught the attention of the protesters with his carrying of a rifle and handgun and a sign saying “all guns matter”. Soon upwards of 100 protesters crossed the street and surrounded him and confronted him. Seeing what was happening, the ERT Officers determine “that imminent danger” existed for Williams and the woman and the two children that were with him. The ERT officers removed Williams safely from the area and away from the crowd.

An APD Incident Commander ostensibly witnessing what what going on from the APD “Real Time Crime Center” had ordered Williams to be detained at the scene for questioning and dispatched a detective to interview him. However, the ERT officers on the scene released Williams without citing him. APD filed a criminal complaint against Deyontae Williams charging him with misdemeanor abandonment or cruelty to a child and a summons was issued.

APD launched an Internal Affairs investigation into the decision to release Deyontae Williams. The ERT sergeant who ordered the release of Williams was put on leave with the sergeant’s gun and badge immediately taken. APD Spokesman Gilbert Gallegos said the command staff was concerned that Williams had been given preferential treatment by ERT when he was released. According to Gallegos, after review of what happened, it was found there was no indication of preferential treatment. The ERT sergeant was released to return to duty within 24 hours after the suspension. However, Gallegos said:

“The internal investigation into whether policies were violated is still ongoing.”

https://www.abqjournal.com/2380553/officers-leave-emergency-response-team-after-sundays-protest.html

MISDEMEANOR CRIMINAL COMPLAINT FILED

On April 19, a Criminal Complaint was filed in Metropolitan Court against Deyontae Williams by APD Detective Conrad Griego charging Williams with misdemeanor “Abandonment or Cruelty to a Child” in violation of City Ordinance 12-05-01b2A. According to the complaint, Detective Griego is a secondary, on call West Side Impact Detective, he is not a ERT police officer, but was called out to investigate the incident after it occurred. The complaint was telephonically approved by APD Lt. Legendre the supervisor of Det. Griego. The complaint was not reviewed nor approved by the District Attorney’s Office.

The complaint is a mere one-page document and provides a very, very short narrative of facts of what happened. The complaint was filed by an APD Detective that sources have verified was not present and who did not witness the events but filed the complaint “based upon information and belief.”

City Ordinance 12-05-01b2A as charged in the complaint provides as follows:

“§ 12-5-1 ABANDONMENT AND CRUELTY TO CHILDREN.

(A) Abandonment of child consists of the parent of a child, ten years old or less, or any person who has been entrusted with or who has assumed the care of such child who intentionally leaves the child or abandons him under circumstances where the child may suffer from neglect, but which does not result in the death of or great bodily harm to the child.

(B) Cruelty to children consists of any parent, guardian or other person having care or custody of any child either:
(1) Intentionally causing or permitting:
(a) The life of such child to be endangered
… “

COMMENTARY AND ANALYSIS ON CRIMINAL COMPLAINT

The charge of “Abandonment and Cruelty to Children” is a criminal misdemeanor charge under a city ordinance, not a felony state charge. The criminal complaint states in pertinent part:

“… a man … identified as Deyontae Williams, was seen by police open carrying a rifle and firearm. He was accompanied by a female and two young children, one whom was about a 7-year-old boy. Police contacted the man and advised that the civic plaza forbids the carrying firearms. He replied he intended not to enter the Civic Plaza.

Soon his open carry of the rifle and handgun drew the attention of the protesters. The protesters surrounded him and were about 100 in number. They confronted him.

Police determined that imminent danger was present for [Deyontae Williams], his female companion, but moreover for the two minors; a reasonable fear that the man would use the firearms in order to protect the children was imminent. This lead the on scene police to remove him safely from the contentious crowd.”

It’s a real stretch of the facts and the imagination to charge Williams with “cruelty to children” consisting of “intentionally causing or permitting … the life of … a child to be endangered”. What is speculation is for the affiant Detective Griego to proclaim “Police determined that imminent danger was present for [Deyontae Williams], his female companion, but moreover for the two minors; a reasonable fear that the man would use the firearms in order to protect the children was imminent” seeing as Greigo was not the one to make the judgement call and Williams was removed by the ERT Officers for his safety.

Removing Williams from the scene was what any reasonable police officer would do under the facts and circumstances and it was totally appropriate to diffuse the situation. The removal was a judgement call totally within the discretion of the ERT police officers, as was the decision to release Williams without charging him. By all accounts the ERT police officers acted professionally, reasonably and as trained and within the scope and course of their authority.

The charge requires proof of intent of “beyond a reasonable doubt”. The facts charged are devoid of anything that indicate intent to endanger the children or to put them in harms way. One example would be using the children as human shields from the crowd. There are no allegations to what extent and how the crowd “confronted him”. Further the complaint supports that the on-scene ERT Police Officers removed him from the scene, but no mention is made of the children and the woman being removed for their safety.

What complicates the case is the fact that Deyontae Williams was totally within his Second Amendment rights with the open carry of firearms which is legal in New Mexico and contained in the state constitution. The fact that he opened carried a rifle and firearm would only escalate and be a criminal offense if he used it to threaten the crowd, which he did not based on the complaint.

The criminal complaint filed by APD against Deyontae Williams is defective on its face. The complaint lacks sufficient factual allegations to support the charge. It should have never been filed as alleged and written. APD would be wise to dismiss the charge. Otherwise APD risks the allegation and the defense of “malicious prosecution” by Mr. Williams.

RESIGNATION FALLOUT

As a direct result of the suspension of the ERT Sargent and the Internal Affairs Investigation into whether police policies were violated, upwards of 20 Emergency Response Team members resigned in protest and in solidarity saying they did not want to staff protests any longer.

Shaun Willoughby, president of the Albuquerque Police Officers’ Association, took to the media for interviews, called the suspension of the APD Sergeant “a knee jerk reaction,” and had this to say about the resignations:

“Why would you want to be at the tip of the spear of one of the most highly volatile political footballs ever, to volunteer for this extracurricular duty called ERT and then to be second-guessed about decisions that were made on the ground … It just doesn’t make you feel supported as a police officer.”

“This comes down to a lack of trust. … [Police] don’t feel supported here, and they don’t feel trust. They feel second guessed, and they don’t feel that they can do their job, no matter how perfect they do their job, without getting in trouble.

I think Mayor Keller needs to make a serious decision of what this police department’s priority structure is. … I think that he needs to carry that sentiment down to the police chief, so that your police officers feel supported. …

We are seeing a dramatic increase of Albuquerque police officers applying to go to other departments. … Morale, let’s not even talk about it because it doesn’t exist. There is no morale. Your Albuquerque police officers are absolutely miserable at work— nobody’s happy.”

https://www.abqjournal.com/2380553/officers-leave-emergency-response-team-after-sundays-protest.html

https://www.kob.com/albuquerque-news/more-than-a-dozen-apd-officers-resign-from-emergency-response-team-following-weekend-protest/6075665/?cat=500

CHIEF MEDINA MEETS WITH EMERGENCY RESPONSE TEAM

APD Chief Harold Medina called for a meeting with the ERT officers after he learned 20 officers were resigning from the unit stemming from the protest on Civic Plaza. The resignations included one APD Lieutenant, and 2 sergeants from the team that handles protests.

According to APD Spokesman Gilbert Gallegos, Chief Medina wanted to meet with the unit “after learning the union was providing incomplete information about the incident”, no doubt referring to the Union President Shaun Willoughby’s media blitz and interviews. Willoughby has always been attracted to the light of TV news cameras like a miller moth to bright lights in the summer night.

Following is a link to an audio of APD Chief Harold Medina addressing APD’s Emergency Response Team (ERT) to give an explanation as to what happened and why the officer was placed on leave.

https://drive.google.com/file/d/1aFnAtI0a38qZiDajWfN1CH6ZvNrdcio_/view

HIGHLIGHTS OF RECORDING

Throughout the recording, Chief Medina seems to berate and then sympathize with the officers at the same time. He also shows self-pity. Medina makes more than a few amazing disclosures. Those disclosures include the following:

1. Medina explains to the officers and sergeants that the decision to charge the man carrying a firearm across from Civic Plaza with his children during the protest came after consultation with Albuquerque City Attorney’s Office. The problem is that Assistant City Attorneys are not criminal prosecutors like Assistant District Attorneys and are civil attorney’s with very little or no criminal prosecution background nor of criminal offenses.

2. Police officers complained that they are afraid that if they do their jobs properly, they’ll be disciplined and fired.

3. Chief Medina told police officers during the meeting:

“I don’t know about anybody here, but any armed person who is outside displaying their firearms, to me, are also part of the problem. I’m not saying they are doing anything illegal. I am saying they are adding more and more fuel and gas to the problem.”

The problem with this statement is that “open carry” of firearms in New Mexico is legal and open carrying of a firearm in and of itself should not be taken as any grounds to make criminal charges, which is exactly what happened.

4. Chief Medina laments that rank-and-file police offers are not the only ones who are under extensive public and media scrutiny. Medina laments that he and his family are under intense scrutiny. Medina tells the ERT officers that it was he who saved the historic KIMO theater from being burned down during a summer protest on Central. He complained that he and his family have taken abuse for his killing of a 14-year-old child in 2002. Medina said he sacrificed himself and took “the hits” for the June Onate protest last year when he was in fact off duty and at home enjoying the holiday with his family. Medina discloses that he was a finalist for other jobs he could have taken but decided to stay with APD.

5.Two ERT sergeants tell Medina the real problems are with APD. One sergeant tells Medina that being a police officer is her chosen profession but that she is terrified of being disciplined or retaliated against for doing what she thinks is right. Medina denied accusations of retaliation but said that if there is retaliation, it’s sergeants and lieutenants who are accused of doing it.

6.A sergeant with over twenty-five years of experience tells Medina:

“I left [the ERT Team] three weeks ago based on the discipline policy and the additional exposure ERT gets for being out there and doing what we are told to do … It’s my understanding that we haven’t even reviewed the incidents … from last summer … After twenty years of doing this … the discipline policy has to change. That’s the reason I left because I don’t want to expose myself to that kind of discipline.”

“We are hemorrhaging officers because of this discipline policy. I have no desire to leave, but I have called PERA [Public Employee Retirement Association] … [to find out] where we are at now. I am not interested in disciplining my kids [my officers under my command] nor head hunting [to recruit other officers]. … [One officer] just spent $55K to retire. [Another officer] spent over $100K to retire. When people are … [buying time to retire] there is an issue. The current issue, that overshadows the DOJ, it is the discipline policy. If you are telling me there is a fix on the way, then fantastic. When will it get here?”

Medina promised that he is on the verge of getting a new disciplinary process in place, but when pressed by the sergeant he could not give a timeline.

Medina responded to the sergeant by saying:

“If we don’t navigate the path forward with discipline and the DOJ, we will be in receivership. … That’s what they want. That’s what all the community groups want. I would be under a DOJ person. The DOJ would have their own people reviewing cases. This is what we have to avoid. I didn’t create this.”

7.Medina asks a sergeant “… I do not agree with the amount of video review [as unreasonable]. What’s the biggest problem, sergeant?” The sergeant replies, “Twelve hours to do a three-second show of force [investigation and the reporting requirements].”

COMMENTARY AND ANALYSIS

After listening to the 34-minute recording of Chief Harold Medina talking to APD’s Emergency Response Team (ERT), there should be little or no doubt that Mayor Tim Keller’s appointment of Medina as permanent Chief is so very wrong on too many levels. Many of Medina’s remarks were self-pity or bragging about himself. The remarks were not a reflection of a true leader during a crisis and a crisis his command staff created out of pettiness and obvious retaliation.

What Chief Medina said to the ERT is worth repeating:

“If we don’t navigate the path forward with discipline and the DOJ, we will be in receivership. … That’s what they want. That’s what all the community groups want. I would be under a DOJ person. The DOJ would have their own people reviewing cases. This is what we have to avoid. I didn’t create this.”

The only take away is that Medina really is more concerned about himself and holding on to his job avoiding DOJ oversight rather than dealing with what he is faced with which is a disintegrating department under his command. Medina speaks as if he is doing the city a big favor by being APD Chief. Medina clearly has inflated opinion as to his effectiveness. The problem is that the City’s police force sees right through him. Once a chief loses the respect of sworn police officers, you lose your ability to lead, presuming if you ever had it to begin with.

NEFARIOUS PAST USED AS A CREDENTIAL FOR THE JOB

Chief Harold Medina has a nefarious past with the use of deadly force against two people suffering from psychotic episodes. The first was when Medina shot and killed a 14-year-old child who was having a psychotic episode, went to a westside church for help and armed with a BB gun. Medina had been dispatched to the scene and when the child brandished the BB gun, Medina shot him dead. The second shooting happened years later when then Lieutenant Medina authorized the use of deadly force against a 26-year-old veteran suffering from service-connected post-traumatic stress disorder who held a gun to his head, with APD shooting and killing him. A jury found that the veteran was a danger only to himself and awarded a $10.5 million judgement against the city.

During his January 23 webinar interview, Interim chief Harold Medina said he has the “hindsight” to take the department forward. He said “How can you change a culture if you had not lived and been a part of that culture?” With these words, Medina essentially said he was part of the “culture of aggression” that brought the DOJ here in the first place. Anyone who helped create, knew about or did not stop the “culture of aggression” has absolutely no business being Chief of Police. Chief Medina has also blamed the DOJ consent decree for APD’s inability to concentrate on crime.

APD Chief Harold Medina successfully convinced Mayor Tim Keller and CAO Sarita Nair the two tragedies are a positive credential to run the APD saying because of the shootings he now understands the DOJ reforms, their need and can implement them. During the April 15 status conference with Judge Browning, Medina essentially told Judge Browning the very same thing. However, in the recording Medina expresses more concern about a DOJ takeover of APD as opposed to working out and improving the approach APD is using to implement the reforms when it comes to use of force investigations.

FINNAL COMMENTARY

APD Chief Harold Medina represents the total opposite of what the city needs in a police chief. It is very critical to have a police chief with experience with reducing use of force, not one who has used deadly force. A chief who has knowledge of crisis management, not one who causes a crisis. A Chief who understands the importance of protecting civil rights, not one who has violated civil rights, and a Chief able to tackle the issue of a police department interacting with the mentally ill, not one who has been involved with the killing of two mentally ill people. Medina has shown he possesses none of the desired traits.

If APD Chief Harold Medina really wants to do the city and APD a big favor, he should just step down and take his self-pity elsewhere and see if any of those other jobs are still available, if they ever were.

Mayor Keller Ignores Federal Monitor’s Recommendation To Hire “Outsider” As APD Chief; APD Union Attorney Says City Created “Gordian Knot” With CASA Reforms; Millions Paid APD Upper Command, $32 Million A Year For CASA Reforms

On April 15, Federal Judge James Browning held a “status conference” on the Court Approved Settlement Agreement (CASA) with the City and the Department of Justice (DOJ). It was the very first hearing since Mayor Tim Keller appointed Harold Medina as the permanent APD Chief and Sylvester Stanly as “Interim” Superintendent of Police Reform. The status conference was held via Zoom Video/Web Conferencing.

During the two-hour status conference, the court was told of the progress made in creating the External Force Investigations Team (EFIT), the application process for an Administrator of EFIT and the extent and authority of the new manager and Sylvester Stanly. The EFIT team will train APD Internal Affairs (IA) investigators on how to properly investigate uses of force instances by APD police officers. The City agreed that at least 25 force investigators would be assigned to the APD Internal Affairs until APD demonstrates that fewer investigators are necessary to timely investigate uses of force by APD Officers.

Also discussed was the control Interim Superintendent of Police Reform Sylvester Stanly will have over the APD Academy, Force Investigations and Professional Standards. Chief Medina and Interim Superintendent Sylvester Stanly both spoke during the hearing as did the City Attorney, the DOJ Attorneys, the Union Attorney and the Federal Monitor. According to the city, it has two highly qualified individuals that have applied to be the EFIT manager.

DISCLOSURES MADE DURING FEDERAL COURT STATUS CONFERENCE

The most surprising disclosure made during the hearing came when Federal Judge Browning asked Federal Court Appointed Monitor James Ginger what his thoughts were on the appointment of Chief Harold Medina as the new APD Chief. Dr. Ginger’s response was less than enthusiastic with a degree of disappointment. The Federal Monitor thought that APD needed an “external chief” or an “outsider” and in his words someone “nationally” with experience in DOJ reforms. Ginger expressed the opinion that such an outside person was needed to “effectuate real change” within APD.

Ginger acknowledge that hiring such a person would be “expensive” and that there are few people in the country that have the reputation of being “reform chief’s”. He also said they usually can “write their own ticket” as to salary. Federal Monitor Ginger has no management nor control over APD Personnel. He has no authority to hire and fire. Ginger emphasized that all he can do is make recommendations. Ginger made it clear that Mayor Keller and the City were free to hire whoever they want as Chief, that he could not object, but only offer his opinion that APD needs someone from the outside.

The Court did not ask the Federal Monitor how he felt Chief Medina had been doing for the 7 months he has been charge of APD. The monitor did not volunteer his thoughts on Medina’s job performance nor the progress Medina had made with implementing the reforms. When the Judge asked the Federal Monitor what could be expected in his 13th Monitor’s report, which will be filed the first week of May, Ginger said the report will contain more of the same as to APD’s failure to police itself or oversee itself.

CITY CREATS GORDION KNOT WITH CASA REFORMS

Another revelation made during the status conference was when Judge Browning asked the Police Union Attorney John D’Amato if the CASA mandated reforms and settlement were the cause of the city’s high crime rates. D’Amato made it clear that the CASA was not the cause of the high crime rates but it was a contributing factor as was a degree of politics. What he said is that the City’s “implementation” of the CASA reforms is the problem and said the city has created a “Gordian Knot”, a term commonly used to describe a complex or unsolvable problem, by having a zero-tolerance policy when it comes to violations of use of force review and enforcement.

D’Amato said that the CASA reforms were a “major contributing factor” to the City’s high crime rates. City Attorney Estaban Aguilar pushed backed sharply and disagreed with D’Amato to the point saying that such comments were dangerous and said there is no data to support the accusation and that it was a false narrative. Aguilar did say there are “multiple factors causing the increase in crime” but the CASA reforms are not a factor.

According to the union attorney, there is a need to simplify the CASA. The union attorney denied that the police union is the “counter casa” which is totally contrary to what the Federal Monitor has in fact said in a few of his audit reports. The Federal Monitor has repeatedly defined the counter CASA effect as Sergeants and Lieutenants, who are union members and also management, as overtly resisting the reforms.

APD EXECUTIVE SALARIES

It was revealed in August, 2020, a few weeks before Mayor Keller fired former Chief Michel Geier, that the Keller administration created the positions of First Deputy Chief, Second Deputy Chief, APD Chief of Staff and APD Deputy Chief of Staff with significant raises given to all those appointed.

The August 18, 2020, City of Albuquerque Pay Rate Report for the Albuquerque Police Department reflects the following hourly and yearly pay for the 7 in the Chief’s upper command staff brass as follows:

1. Chief Of Police Michael Geier, yearly pay: $183,378.60
2. First Deputy Chief Harold Medina, yearly pay: $145,017.60 ($69.72 per hour X 2,080 hours a year)
3. Second Deputy Chief Michael Jay Smathers, yearly pay: $143, 000.00 ($68.75 per hour X 2,080 hours a year)
4. Deputy Chief Jon J. Griego, yearly pay: $139,235.20 ($66.94 per hour X 2080 hours a year)
5. Deputy Chief Eric J Garcia, yearly pay: $139, 235.20 ($66.94 per hour X 2,080 hours a year )
6. Arturo E. Gonzalez, Deputy Chief, yearly pay: $139,235.20 ($66.94 per hour X 2,080 hours a year)
7. APD Chief of Staff John Ross, yearly pay: $139,235.20 ($66.94 per hour X 2,080 hours a year)
8. APD Deputy Chief of Staff Elizabeth Armijo, yearly pay: $118, 331.20 ($56.89 per hour X 2,080 hours)

TOTAL 2020 SALARIES PAID APD EXECUTIVE COMMAND STAFF: $1,007,433.00

According to city payroll records, Interim Superintendent of Police Reform Sylvester Stanly is being paid $150,000 a year.

2020-2021 APD BUDGET ALLOCATS $35,851,000 FOR CASA REFORMS

On Monday, October 19, 2020, the Albuquerque City Council enacted the 2020-2021 fiscal year budget with the fiscal year budget beginning on July 1, 2020 and ending June 30, 2021. The enacted budget totals $1.1 Billion dollars for second year in a row and for that reason is considered a zero-growth budget.

The Fiscal Year 2020-2021 approved general fund budget for APD contains a line item of $29,280,000 for “PD-PROFESSIONAL ACCOUNTABILITY”. According August 1, 2019 “Staffing Snapshot”, the Compliance Bureau has total staffing of 61 sworn police consisting of 40 Detectives, 1 Deputy Chief, 3 Commanders, 1 Deputy Commander, 6 Lieutenants, and 10 Sergeants. In addition to the $29,280,000 line item allocation, the 2020-2021 APD approved budget includes:

$5.2 million for continued work to comply with the Court Approved Settlement Agreement with the Department of Justice, which is understood to be funding for the Federal Monitor.

$627,000 to acquire electronic control weapons that have an audit trail to monitor usage and compliance with use of force policies.
$594,000 to purchase on-body cameras, as required by the CASA and state law.

The resulting total allocated by the City for the CASA reforms is $35,851,000.

The link to the 2020-2021 budget is here:

https://www.cabq.gov/mayor/documents/final_fy21-budget-presentation-_09032020.pdf

2021-2022 PROPOSED APD Budget

On April 1, 2021, Albuquerque Mayor Tim Keller and the Keller administration released the 2021-2022 Proposed Operating Budget for the fiscal year that will begin on July 1, 2021 and that will end June 31, 2022. 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. The proposed budget continues the funding for the CASA reforms and then some.

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 with significant funding and positions being added for the CASA reforms. The following are new allocations related to the CASA:

$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. Presumably this is the funding for the External Force Investigation Team (EFIT) agreed to by the city.

$986,000 thousand for electronic control weapons (TAZER weapons).

Funding for the following new positions are included in the proposed budget:

One senior advisor to the Mayor and CAO and one internal investigations manager were created relating to the CASA reforms.
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.

COMMENTARY AND ANALYSIS

The Federal Monitors comments that the hiring of an outside chief would be costly is very disingenuous on his part as he tries to show sincerity that he is concerned about costs to the city and being able to afford a qualified individual to be APD Chief. Since 2014, the Federal Court Appointed Monitor has been paid at least $7.5 million for the work of 9 auditing professionals. The monitors contract has been extended and his firm is currently being paid $1.5 million a year. Further the city is spending $35 million a year on the reform process.

Hiring a highly qualified and skillful police chief with crisis management credentials should have been done from the get go. It could have been done with the help of Ginger, but all he has ever said is “it’s not my job.” Now the City is paying a Chief’s Salary of $183,000 a year and paying a $150,000 salary to an “Interim” Superintendent of Police Reform who has no actual experience with Federal Consent Decrees for a total of $333,000 to do a job which is traditionally and normally done by one Chief, not only here in Albuquerque, but by police departments all over the country. It is more likely than not that Mayor Tim Keller could have found a highly competent and effective police chief and have paid that person the amount he is paying both Medina and Stanly combined, but Keller would have had to admit that his hiring of both Geier and Medina were two major mistakes that could have been avoided had he kept his word and had done a national search both times instead of the sham he allowed.

https://www.petedinelli.com/2021/02/24/city-spends-35-85-million-yearly-on-casa-reforms-61-sworn-police-assigned-to-compliance-judge-should-deny-motion-for-efit-team-suspend-casa-order-monitor-to-take-over-of-ia-use-of-force-in/

The Federal Monitor’s comments that he recommended to the Keller Administration that APD needed an “outsider” as Chief is truly astounding because it was ostensibly totally ignored by Mayor Tim Keller and his Chief Administrative Officer Sarita Nair. APD Chief Harold Medina has been in charge of APD since September 10, 2020, first as the Interim APD Chief for six months while a national search was conducted. It was on March 8, 2021, Keller announce that he appointed Harold Medina as the new APD Chief of Police, so by the time of the status conference, Medina had been in charge of APD over 7 months.

Medina no doubt has interacted with the Federal Monitor during the seven-month time, yet the Federal Monitor had absolutely nothing to say about Medina’s job performance. This is in very sharp contrast to the positive remarks made one time about former APD Chief Michael Geier when he was first appointed APD Chief.

The Monitor’s recommendation that an outsider be appointed Chief cannot and should not be down played in the least given the fact that Mayor Keller proclaimed twice that he conducted a national search only to settle on Chiefs Geier and Medina. Both Chiefs had been with APD before for decades, retired and came back to be appointed Chief. Many APD reform advocates felt the national searches Keller order were a sham where Keller first appointed who he wanted to be permanent Chief as Interim Chief, announced a national search, interviewed applicants to placate the public and then announced as Chief who he wanted to appoint in the first place.

APD Chief Harold Medina represents the total opposite of what the city needs in a police chief. It is very critical to have a police chief with experience with reducing use of force, not one who has used deadly force. A chief who has knowledge of crisis management, not one who causes a crisis. A Chief who understands the importance of protecting civil rights, not one who has violated civil rights, and a Chief able to tackle the issue of a police department interacting with the mentally ill, not one who has been involved with the killing of two mentally ill people. The fatal shootings Medina was involved with show he possesses none of the desired traits.

Truth is, Medina is part of the problem with APD that brought the DOJ here in the first place. Medina had no business being interim Chief let alone being made permanent. Medina helped create, did not stop and he participated the “culture of aggression” and the use of deadly force that resulted in a DOJ investigation.

As Mayor Keller continues to fail to implement the DOJ reforms, he will regret his refusal to follow recommendations made by the Federal Monitor and hiring yet another APD Chief that is part of the problem and not the solution.

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

On Monday, March 22, Mayor Tim Keller announced formally he is running for a second term. The announcement surprised no one. Tim Keller made it known in a November 5, 2018 radio election night news coverage that he intended to run for a second term. In his March 23 reelection announcement, Keller said he filed his candidate paperwork. Keller started campaigning on April 17 when the qualifying period for public financing began.

What was surprising was Tim Keller made the announcement with a press conference and no fan fair, no crowd, no rousing emotional speech. Keller stood outside in front of the old City Hall, south of the APD Main station in Downtown Albuquerque with his wife and two children by his side. Keller’s announcement was very low key in comparison to the orchestrated public relations he is known for such as his state of the City addresses and his townhall meetings where thousands are called the day before. The announcement appeared to be hastily arranged as he read a hand-held statement.

In his March 22 announcement, Keller proclaimed the city’s response to the COVID-19 pandemic as the signature accomplishment of his first term and had this to say:

“Shepherding our city, leading our city, making those tough decisions was a trial like no other. I think it’s shown we are tested by a crisis our city has not seen in decades, or in modern history. … That puts us in a great position going forward. … Now I believe our city is finally going in the right direction, and we must keep the course. … It’s time we hit the accelerator and we do not go backwards.”

We are poised to come out of the pandemic stronger and safer with thousands of new good-paying jobs for working families; revitalized public safety efforts; and taking on homelessness, which has been exacerbated by COVID, in a real way. That’s on top of our nationally-leading sustainability efforts, our innovative new safety department, and our commitment to social justice, equity, and inclusion. Now that we’re finally going in the right direction, it’s time to hit the accelerator, not go backward—and that’s why I’m running for re-election.”

This article is a candidate profile of Mayor Tim Keller and a review of his record as Mayor and his accomplishments. The link to the candidate profile of Mayor Keller’s major opponent Manny Gonzales is here:

https://www.petedinelli.com/2021/04/20/fuhrer-trumps-favorite-democratic-sherriff-manny-gonzales-runs-for-mayor-a-dino-and-law-enforcement-dinosaur/

PERSONAL BACK GROUND

Mayor Tim Keller, 43, was born and raised in Albuquerque. He is a graduate of St. Pius X High School. He attended Notre Dame University where he graduated with a degree in Art History. He then went on to earn a Master’s of Business Administration with honors from the Harvard Business School. Keller was elected twice to the New Mexico State Senate and in 2014, he was elected New Mexico State Auditor, leaving the position midterm to run for Mayor in 2017. Keller always portrays a positive image for the city with a smile on his face and a grin in his voice that has served him and the city well.

Mayor Keller is married to Elizabeth J. Kisten Keller, PhD, who was also born and raised Albuquerque. She has a B.A. in in Political Science and Latin American Studies as a Morehead-Cain Scholar at the University of North Carolina-Chapel Hill and her Masters and PhD in International Development Studies as a Rhodes Scholar at Oxford University. She currently works in systems research and analysis at Sandia National Laboratories. The couple have two young children below the age of 10.

https://www.cabq.gov/mayor/about-mayor-timothy-m-keller-and-first-lady-elizabeth-j-kistin-keller-phd-sb

PROMISES MADE, PROMISES BROKEN

In 2017 when the New Mexico State Auditor Tim Keller ran for Mayor, he ran on the platform of reducing the city’s high crime rates, implementing the Department of Justice (DOJ) consent decree and all the mandated reforms, increasing the size of the Albuquerque Police Department (APD), returning to “community based policing”, no tax increase without a public vote even for public safety, address the homeless crisis by building a centralized shelter, stopping waste fraud and abuse, and a commitment to transparency and economic development.

With that said, there are any number broken promises, failures and controversies that will likely emerge in an attempt to deprive Mayor Tim Keller of a second term. Keller’s record of broken promises and failures from the beginning to the present are easily identified:

1. BROKEN PROMISE NOT TO RAISE TAXES WITHOUT PUBLIC VOTE

Candidate for Mayor Tim Keller during a televised debate with his run off opponent promised in clear words not to raise taxes without a public vote, even if it was for law enforcement or for public safety. In May, 2018, 4 months after Keller was sworn in as Mayor, the Albuquerque City Council enacted a gross receipt tax increase that raises upwards of $50 million a year. The tax was enacted was in response to reports that the city was facing a $40 million deficit. Mayor Keller broke his promise to demand a public vote on the tax and signed off on the $50 million a year tax increase. He signed off on the tax increase without any fanfare and without proposing any alternative budgets dealing with the deficit. The $40 million projected deficit never materialized. The City Council never repealed the tax. Keller went on a spending binge.

2. KELLER EMRACES DISASTEROUS ART BUS PROJECT

Mayor Tim Keller a few months after being elected announced that the ART Bus project was “a bit of a lemon”. Instead of abandoning the project, Keller made the deliberate decision to finish the ART Bus Project. Keller spent over half of his term to complete the ART Bus project and the city is still trying to make it work.

Since starting service November 30, 2019, the ART buses have had accident after accident and upwards of 25 major accidents and upwards of 30 minor accidents. The accidents range from a minor “vender benders” to more serious crashes, including two that temporarily sidelined two buses. Multiple crashes have resulted in damage to other vehicles, including at least 3 that involved Albuquerque police officers. There have also been crashes involving pedestrians, one of which left an 18-year-old woman dead.

Notwithstanding all the accidents, and the proof of a poorly designed project, Keller refused to shut down the bus line and find alternative uses for the bus stop platforms. Berry’s Boondoggle became Keller’s Crisis Project that has now destroyed historic Route 66.

https://www.abqjournal.com/1422320/car-crashes-into-art-bus-in-nob-hill.html

Keller with great bravado ordered the filing of a breach of contract lawsuit against the bus manufacture saying in part:

“We’re no longer going to be guinea pigs [for the bus manufacturer] anymore … Obviously, we very concerned about what we’ve been put through as a city … I think down the road, we’re interested in being fairly compensated for what we have been misled on these buses.”

A few weeks later, Keller settled the case with a mutual dismissal of claims. Absolutely no damages were paid to the city by the bus manufacturer, even for the loss revenue to the city for the delay.

The ART Bus was temporarily suspended as a result of the corona virus pandemic. During the temporary closure of the bus line, the Keller Administration began spending in January, 2021 over $200,000 more to construct “pin curbs” which are concrete edging to form barriers to boundaries for the dedicated bus lanes to prevent vehicles from traveling into the dedicated lanes.

3. KELLER’S FAILURE TO IMPLEMENT DOJ REFORMS

In 2017, Tim Keller aggressively campaigned to be elected mayor by vowing to implement the Department of Justice (DOJ) mandated reforms agreed to after the DOJ found a “culture of aggression” within APD and repeated unconstitutional “excessive use of force” and “deadly force” cases. Upwards of $62 million in judgments had been paid over the previous 10 years in police misconduct cases.

Keller vowed to implement the DOJ mandated reforms even as he received the endorsement of the APD Union who opposed the reforms. Keller has spent 3 full years trying to implement the consent decree reforms, the exact same amount of time his predecessor used, for a total of 6 years combined. The difference is that Keller has also spent millions more on the reforms to no avail. Truth is that Mayor Keller failed miserably to implement the DOJ reforms. The federal court action has not been dismissed even though the consent decree was to be fully implemented by November 16, 2020.

APD is still failing with “operational compliance” levels, which is the most critical of the 3 compliance areas required in the consent decree. It reflects failure to implement the reforms by all APD personnel, from the Mayor to Chief to the command staff to the rank and file sworn officers. The Federal Monitors $4 million contract has been extended with an additional $1.5 appropriation. Its likely it will have to be extended again.

On September 25, 2020, APD Chief Michael Geier was forced to retire by Mayor Tim Keller. At the time of Geier’s forced retirement Mayor Keller said in part:

“ … We know reform efforts have hit some snags, and we know there have been back office challenges and distractions. Chief Geier’s retirement comes at the right time for a new phase of leadership to address the old embedded challenges that continue to hamper the department. … .”

https://www.kob.com/albuquerque-news/chief-geier-forced-out-of-his-position-with-apd/5858023/?cat=500

Keller saying that the “reform efforts have hit some snags” was Keller’s “spin” at its very best and a Keller lie at its worst. Keller was given advanced notice what was coming in the 12th federal monitor’s report to be released on November 2.

On Friday, October 6, in a hearing on the 12th Federal Monitors Report, Federal Monitor James Ginger told the court:

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

On November 2, 2020, the Federal Court Appointed Monitor James Ginger filed with the Federal Court his 12th Compliance Audit Report. The 12th Federal Monitors report provides the following scathing overall assessment of APD management, all upper command staff appointed by Tim Keller 3 years ago:

We have no doubt that many of the instances of non-compliance we see currently in the field are a matter of “will not,” instead of “cannot”! … issues we continue to see transcend innocent errors and instead speak to issues of cultural norms yet to be addressed and changed by APD leadership.”

“… The monitoring team has been critical of the Force Review Board (FRB), citing its past ineffectiveness and its failing to provide meaningful oversight for APD’s use of force system. The consequences are that APD’s FRB, and by extension APD itself, endorses questionable, and sometimes unlawful, conduct by its officers.
…
“During the reporting period … virtually all of these failures can be traced back to leadership failures at the top of the organization.
…
“[The federal monitor] identified strong under currents of [resistance to APD reforms] in some critical units on APD’s critical path related to CASA compliance. These include supervision at the field level; mid-level command in both operational and administrative functions, [including] patrol operations, internal affairs practices, disciplinary practices, training, and force review). Supervision, [the] sergeants and lieutenants, and mid-level command, [the commanders] remain one of the most critical weak links in APD’s compliance efforts.”

https://www.petedinelli.com/2020/11/09/12th-federal-monitors-report-apd-on-the-brink-of-catastrophic-failure-failing-miserably-to-police-itself-police-union-obstructs-reforms-commentary-rem/

KELLER’S STUNNING ADMISSION OF IGNORANCE

Many excuses can be given for Keller’s failure to force APD to fully implement the DOJ reforms. In an interview with the Albuquerque Journal editors Mayor Keller said he wishes he’d known earlier about the serious problems the Albuquerque Police Department was having with its reform effort and said:

“I think what we have learned is how deeply challenged some of these areas are, including self-monitoring. For us at a senior level, we were led to believe that things were much improved, and it turns out they weren’t as much.”

A link to the Journal story on APD’s progress is here:

https://www.abqjournal.com/1532419/a-tumultuous-year-at-apd-comes-to-a-close.html

Keller’s comment that he “was led to believe that things were much improved” is a stunning admission of Keller’s ignorance of what was and what is going on in his police department after 3 years in office.

Simply put, Keller’s does not know what he is doing and neither does his appointed Chief Administrative Officer Sarita Nair when it comes to APD. Keller does not understand how bad APD really became under the leadership he handpicked.

Candidate for Mayor Keller never showed any real curiosity about how bad thing were with APD when he ran for Mayor. Keller did not bother to attend a single court hearing when he was running for Mayor where the Federal Monitor gave the Court an update on his reports and the consent decree. Keller pretended at forums that he was “deeply concerned” and knew what was happening. What was misleading is that Keller said he knew what needed to be done and he was “uniquely qualified” to be Mayor. Voters bought into his false campaign propaganda.

4. KELLER’S FAILURE TO BRING VIOLENT CRIME RATES DOWN AS PROMISED

In August, 2017, New Mexico State Auditor Tim Keller and candidate for Albuquerque Mayor had this to say about the city’s high crime rates:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

The crime statistics released for 2018, 2019 and 2021 make it clear that despite all of Mayor Tim Keller’s promises to bring down skyrocketing violent crime, he has failed. In 2019, Keller implemented 4 new programs to address violent crime, increased APD personnel by 116, and spent millions. Violent crime is still “absolutely out of control”. Regrettably , Mayor Tim Keller has failed to do his “job to actually address crime in Albuquerque.”

Given Mayor Keller’s words as to whose job it is to address crime, a discussion of crime statics during Mayor Tim Keller’s tenure is in order.

VIOLENT CRIME UNDER KELLER

In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes, 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.

On Monday, September 21, 2020, the Albuquerque Police Department (APD) released statistics that revealed that overall crime in the city was down by less than 1% cross all categories in the first six months of 2020 as compared with the first six months of 2019. Crimes against persons are all violent crimes combined and include murder, deadly weapons assault and injury and rape.

The decreases in “violent crime” from 2019 to 2020 was a decrease by only 21 crimes or a 0.28% decrease. Over a 2-year period, it decreased 4%. According to the FBI statistics released, there were 7,362 crimes against persons reported in the first six months of 2020 and there were 152 more in the second quarter than in the first.

HISTORICAL HIGH HOMICIDE NUMBERS WITH FAILED PROGRAMS UNDER KELLER

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. Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was in 2017 when 72 homicides were reported in Mayor Berry’s last year in office. The previous high mark was in 1996, when the city had 70 homicides. The year 2020 ended with 76 homicides, the second-highest count since 1996. The decline dropped the homicide rate from 14.64 per 100,000 people in 2019 to about 13.5 in 2020.

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

In 2019, Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates . Those APD programs are: the Shield Unit, Declaring Violent Crime “public health” issue, the Metro 15 Operation, “Violence Intervention Plan” (VIP Program). Based on the city’s high violent crime and murder rates, it appears Keller’s programs have been a failure.

On Thursday, April 16, 2021 it was reported that killings in the city have nearly doubled. According to the report, the Albuquerque Police Department has investigated 34 homicides this year, almost twice as many as the city had at this point in each of the past two years. By April 15 in both 2020 and 2019, there were 19 killings. APD ended up with 77 homicides in 2020 and a record 80 in 2019. Of the 34 homicides, APD has made an arrest in six cases and filed an arrest warrant for 15-year-old Josef Toney in the double homicide of two women.

As of April 21, there have been 44 homicides thus far in 2021.

It is clear the city is on its way to the highest murder rate in its history.

A link to the news sources are here:

https://www.abqjournal.com/2380171/year-to-date-homicides-up-significantly.html

https://www.msn.com/en-us/news/crime/abq-murder-rate-continues-to-climb-in-record-cases/ar-BB1fJHcG

HISTORICALLY LOW HOMICIDE CLEARANCE RATES UNDER KELLER

For the past three 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 clearance rate has dropped to 50%. Of the 75 homicides thus far in 2020, half remain unsolved. There are only a dozen homicide detectives each with caseloads high above the national average.

AUTO THEFTS STILL HIGH UNDER KELLER

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

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

KELLER’S FALSE CLAIMS OF REDUCING CRIME

When Keller took office on December 1, 2017, every quarter when APD released the city’s crime statistics, Mayor Keller would do a press conference to proclaim and to some extent take credit for crime going down in all categories. He did so on July 1, 2019. Mayor Keller reported that crime was down substantially, with double-digit drops, in nearly every category.

https://www.abqjournal.com/1335502/crime-declining-in-albuquerque-new-numbers-show.html

On Sunday, December 1, 2019 the Albuquerque Journal reported that all the crime rate reductions Keller reported in his July 1, 2019 press conference were in fact seriously flawed by big percentages. Both the 2019 mid-year statistics and the statistics released at the end of 2018 were revised dramatically to include hundreds, and in some cases thousands, more incidents than were initially reported. The final numbers for all of 2018 showed violent crime actually increased.

At an October 2019 meeting of the City Council, APD provided the revised statistics but failed to disclose to the council that the numbers had changed drastically. Mayor Keller also did not hold any kind of a press conference to correct nor announce the corrected statistics. The Keller Administration blamed the false numbers on antiquated software programs, but only after the Keller Administration had essentially been caught by the Albuquerque Journal. Mayor Keller for his part has never issued his own personal apology for misleading the public and trying to take credit for bringing down crime rates by using false statistics.

The corrected crime statistics from those announced by Keller are:

Auto burglaries decreased 16%, not 38% as previously announced by Keller
Auto theft decreased 22%, not 39% as Keller reported
Commercial burglary decreased 3%, not the 27% Keller reported
Residential burglary decreased 16%, not 39% as Keller reported
Homicide decreased 2.5%, not 18%, but homicides have since increased substantially and the city has tied the all-time record of 71.
Rape decreased 3%, not the 29% Keller reported
Robbery decreased 30%, not 47% reported by Keller
Aggravated assault decreased 7.5%, not 33% reported by Keller

The link to the full December 1, 2029 Journal article is here:

https://www.abqjournal.com/1396782/flaws-discovered-in-apds-crime-statistics.html

5. KELLER’S FAILURE TO GROW APD TO LEVEL PROMISED

Tim Keller campaigned to be elected mayor on the platform of increasing the size of the Albuquerque Police Department (APD), returning to community-based policing and promising to bring down skyrocketing crime rates. To that end, the Keller Administration began implementing an $88 million-dollar APD police expansion program increasing the number of sworn police officers from 898 positions filled to 1,200, or by 302 sworn police officers, over a four-year period. The massive investment was ordered by Mayor Tim Keller to full fill his 2017 campaign promise to increase the size of APD and return to community-based policing as a means to reduce the city’s high crime rates. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term.

As of January 9, 2021, APD payroll shows that there were 953 sworn officers with only 48 cadets in the academy. During the February 8, 2021, City Council Public Safety Committee, Chief Harold Medina reported that APD has 957 sworn police. Of the 957 sworn police, Medina reported a mere 371 sworn police are in Field Services responding to calls for service or 39% of the entire sworn force. The 371 sworn police taking calls for service are spread out over 3 shifts and 8 area commands to patrol and based on crime rates in the areas. Medina also told the committee that Field Services has 6 area commanders, 18 lieutenants, 53 sergeant’s, 21 bicycle officers for a total of 511 officers assigned to field services. The problem is commanders, lieutenants, sergeant’s, and bicycle officers do not patrol the streets and are not dispatched to calls for service as are the field officers.

https://www.abqreport.com/single-post/zero-growth-for-apd

On April 14 the on line news ABQReports reported that APD reported having 998 officers during the first week of March, 2021, but a check of APD payroll reflects only 984 sworn officers. According to ABQReports:

“Losing 15 officers in one month is not a good trend, but in cities like Albuquerque, Portland and Seattle it is a way of life. A source within APD advised that dozens of officers have inquired about retiring and quitting. Who can blame them in today’s toxic atmosphere and another hot summer on the way.”

https://www.abqreport.com/single-post/forty-one-homicides

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

6. UNDER KELLER’S FECKLESS LEADERSHIP, APD CONTINUES TO IMPLODE

In 2017, when campaigning for Mayor, Keller promised sweeping changes at APD, especially within the upper command of the Chief’s office. During Mayor Tim Keller’s first 8 months in office, he did not make the dramatic management changes he promised as a candidate. Keller appointed APD retired past management who continued with archaic management practices. The appointed Chief and Deputy Chiefs were APD insiders and have been with APD for a number of years and many are eligible for retirement whenever they want.

Keller conducted a sham national search for a new chief outside of APD simply to turn around and appoint a retired APD “retread” as APD Chief. Confidential sources have confirmed Keller met with Geier and made Geier a 4-year commitment to be APD Chief months before he was elected Mayor. After elected, Keller appointed APD management that were “throwbacks” to past practices and failed management philosophy. Chief Geier and the “new” APD Deputy Chiefs came up through the ranks under former Chiefs Ray Schultz and Gordon Eden. Keller’s appointed management team was “old guard” that held onto the status quo and no change in management style nor philosophy.

KELLER FIRES APD CHIEF GEIER

On Thursday September 10, 2020 APD Chief Michael Geier and Mayor Keller held a joint news conference to announce that APD Chief Geier was “retiring” for a fourth time from law enforcement after a 47-year career. Geier was APD Chief for close to 3 full years. Within a few days, it was revealed that former Chief Michael Geier was forced to retire by Mayor Tim Keller and his Chief Administrative Officer Sarita Nair.

According to sources Geier was given the choice between termination or retirement and Geier chose to retire. It was revealed that it was First Deputy Chief Harold Medina who orchestrated Geier’s removal. According to Geier Mayor Keller and his CAO Sarita Nair micro managed APD’s priorities while then First Assistant Harold Medina undermined all of Geier’s efforts. Geier intended to take personnel action against Medina for insubordination. Immediately hearing of the pending action against him, Medina went to CAO Nair and working together, the convinced Mayor Keller to terminate Geier or force his retirement.

https://www.petedinelli.com/2018/06/14/national-search-for-new-apd-chief-a-sham/

KELLER APPOINTS INEPT, PROBLEM COP AS APD CHIEF

During the September 10, 2020 press conference, Mayor Tim Keller announced First Deputy Harold Medina was the Interim APD Chief. Keller announced a national search would be conducted to find a new chief as was done when he appointed Chief Geier. On Monday, March 8, 2021, Keller announce that Harold Medina is the new APD Chief of Police.

The Medina appointment confirmed what confidential sources within city hall said in September: that it was a done deal that Keller would appoint Medina and that the national search was the same sham Keller pulled when he appointed Chief Michael Geier. Keller’s sham process is first appoint who he wanted to be permanent Chief as Interim Chief first, announce and go through the motions of a national search and interview applicants to placate the public as if interested in what they had to say and then announce as Chief who you always wanted to appoint in the first place.

Medina has a history of reactive decision-making and failed leadership resulting in the killing of two mentally ill people having psychotic episodes, a 14 year old boy and an Iraq War veteran suffering from PTSD threatening to kill himself while pointing a gun to his head. APD Chief Harold Medina successfully convinced Keller and Nair the two tragedies are a positive credential to run the APD saying because of the shootings he now understands the DOJ reforms, their need and can implement them. Medina’s conduct in the two shootings is the very type of conduct that resulted in the Department of Justice investigation in the first place.

With two separate fatalities involving the mentally ill, APD Chief Harold Medina represents the total opposite of what the city needs in a police chief. It is very critical to have a police chief with experience with reducing use of force, not one who has used deadly force. A a chief who has knowledge of crisis management, not one who causes a crisis. A Chief who understands the importance of protecting civil rights, not one who has violated civil rights, and a Chief able to tackle the issue of a police department interacting with the mentally ill, not one who has been involved with the killing of two mentally ill people. The fatal shootings Medina was involved with show he possesses none of the desired traits.

Truth is, Medina is part of the problem with APD that brought the DOJ here in the first place. Medina had no business being interim Chief let alone being made permanent. Medina helped create, did not stop and he participated the “culture of aggression” and the use of deadly force that resulted in a DOJ investigation.

7. KELLER’S FAILURE TO DEAL WITH APD POLICE OVETIME ABUSE SCANDAL

On Monday July 13, New Mexico State Auditor Brian Colon said his office was ordering a special audit of APD’s overtime payment policies to APD Police Officers. Auditor Colon ordered a special audit of all APD overtime policies after he said his office found enough red flags related to overtime practices and internal controls at the department. State Auditor Colon has also asked Attorney General to assist in the investigation of APD.

https://www.petedinelli.com/2020/07/16/nm-state-auditor-colon-calls-in-nm-attorney-general-balderas-to-help-with-probe-of-apd-overtime-abuse-the-irony-of-the-3-amigos-of-colon-balderas-and-keller-having-served-as-state-auditor-not-lost/

The announced audit came after longtime APD spokesman Sgt. Simon Drobik abruptly retired from the department as he was under investigation by APD’s Internal Affairs for overtime pay abuse. In 2018, Drobik was paid $192,973 as a result of massive amounts of overtime claimed and he was continuing his pace of overtime pay in 2020. Drobik’s base salary was approximately $68,000 a year.

The City maintains a list of the 250 top city hall wages earners and what they are paid for the full calendar year of January 1, to December 31 of any given year. The City of Albuquerque list for the year 2019 reflects that 134 police officers were paid between $107,885.47 t0 $193,666.40 with many being paid 2 and 3 times their base pay.

The breakdown is as follows:

There were 32 APD Lieutenants in the list of 250 top paid employees in 2019 earning pay ranging from $108,031 to $164,722. Hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200 yearly.

There were 32 APD Sergeants in the list of 250 top paid employees in 2019 earning pay ranging from $109,292 to $193,666. Hourly pay rate for APD Sergeants is $35 an hour, or $72,800 a year.

There were 70 APD patrol officers first class, master, senior in the list of 250 top paid employees in 2019 earning pay ranging from $108,167 to $188,844. Hourly pay rate for Patrol Officers is $29.00 an hour to $31.50 an hour depending upon years of experience.

Mayor Keller is now faced with the likelihood that more than a few police officers will be found to have engaged in criminal activity and that criminal charges will be filed against police officers who claimed overtime and paid overtime for hours never authorized or never worked. The problem for Keller is that he was fully aware of what was going on with APD’s overtime abuse and was made aware of two separate audits that were conducted. Two attempts were made to place overtime caps on APD, but the programs were never fully implemented.

If APD is hit with a series of indictments of police officers for overtime time fraud and “waste, fraud and abuse by government officials” it will damage Keller’s re-election chances along with the skyrocketing violent crime rates Keller promised to bring down when he ran in 2017. What is ironic is that State Auditor Tim Keller made a name for himself investigating government officials for “waste, fraud and abuse”.

8. KELLER FLIP-FLOPS BACK AND FORTH ON CENTRALIZED 24-7 HOMELESS SHELTER WITH PURCHASE OF MASSIVE GIBSON MEDICAL CENTER FOR SHELTER

Mayor Tim Keller made it known that building a new, centralized homeless shelter was one of his top priorities. The new homeless shelter would replace the existing West Side Emergency Housing Center, the former jail on the far West Side.

Mayor Keller deemed that a 24-hour, 7 day a week temporarily shelter for the homeless was critical toward reducing the number of homeless in the city. The city owned shelter was projected 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. The city facility was to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.

On Wednesday, May 7, 2020 Mayor Tim Keller in a surprise announcement, said that the city was abandoning the development concept of a single, 300-bed homeless shelter. He announced the city will 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”.

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

After Keller abandoned plans to build one centralized homeless shelter, he said the city was taking a “multi-site” approach that could mean a series of smaller facilities throughout the community. It can be viewed as Keller’s “spread the homeless” pain policy. Ostensibly, there would be no single resource hub in one large facility as was originally proposed with the 300 bed Gateway Center. Small shelters would be 100 to 150 beds of emergency shelter that could be defined as a smaller shelter.

On Tuesday, April 6, 2021 Mayor Tim Keller held a press conference in front of the Gibson Medical Center to announce the city had bought the massive complex for $15 million and his intent to transform it into a Gateway Center for the homeless. 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.

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. 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.

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.

9. KELLER’S COMMUNITY SAFETY DEPARTMENT NOT WHAT HE PROMISED

On Monday, June 15, 2020 Mayor Tim Keller announced plans to create a new Albuquerque Community Safety Department (ACS). It was proposed in part as a response to police shootings happening throughout the country, especially after the killing of African American George Floyd. Keller proclaimed it was the “first of its kind” department in the country. Keller received national news coverage on the concept, including the in the Washington Post. It turns out the only “first of its kind” aspect was a department. Using social workers to take call for service instead of cops has been going on for years in other major cities.

The new department as originally announced was to have 192 positions with 32 people for each of the 6 area commands, staffed around the clock, to respond to tens of thousands of calls for service a year. The estimated annual cost of the new department was $10,201,170. The ACS as Keller originally presented to the public was to have social workers, housing and homelessness specialists and violence prevention and diversion program experts. They were to be dispatched to homelessness and “down-and-out” calls as well as behavioral health crisis calls for service to APD. The new department was to connect people in need with services to help address any underlying issues. The intent is to free up the first responders, either police or firefighters, who typically have to deal with down-and-out and behavioral health calls.

Two words that best to describe Keller’s Public Safety Department are “publicity stunt.” The new department as proposed by Keller was simply thrown together in a haphazard manner so he could call national news media outlets, which he did, and then hold a press conference for local news media outlets, which he also did.

On Thursday, September 3, Mayor Tim Keller released his proposed budget for the 2020-2021 fiscal year. The new city department was pared down significantly to $7.5 million in personnel, equipment and contractual services. Not a single licensed mental health professional, social worker, councilor, housing and homelessness specialists and violence prevention and diversion program experts were included.

Keller cut the new ACS Department from the originally suggested 192 positions to 100 employees with 60 positions taken from other city departments. The 100 employees included 40 transit security officers, 13 security staffers from the Municipal Development Department, 9 parking enforcement workers, 6 crossing guard supervisors and one from the city’s syringe cleanup program.

On October 15, the proposed Keller budget for the new department was slashed to the bone from $7.5 million to $2.5 million for fiscal year 2021. The City Council removed virtually all of the positions originally proposed by Keller. Cut from Keller’s proposed budget for the new department were 83 employees and a $7.5 million cost. The staffing cut include 53 security personnel, 9 parking enforcement employees and 6 people from the city’s crossing guard program.

10. A CRISIS MANGEMENT MAYOR

On Wednesday, March 18, 2020, less than 48 hours after the Albuquerque City Council passed and amended “Emergency Powers Ordinance”, Mayor Tim Keller declared a “public health emergency” to deal with the corona virus epidemic in the city. The Mayor announced and signed the “Declaration of Local State of Emergency Due to Novel Corona Virus COVID-19” on a video posted on social media and distributed to the local new outlets. In the video announcement, Keller said the declaration “frees up financial resources for our city and flexibility so we can deal with this situation the best way possible.”

With his Public Health Emergency declaration, Mayor Tim Keller became the first Mayor in the city’s history to become a “crisis management Mayor” to deal with a major health crisis and epidemic.

By all accounts, Mayor Tim Keller took as many initiatives that he could in order to deal with the corona virus pandemic. He did show leadership as he tried to keep up with the ever-evolving crisis and as he tried to follow the lead of Governor Michelle Lujan Grisham.

Ever since Mayor Tim Keller assumed office on December 1, 2017, he has taken photo ops and press conferences to all new levels. Keller attended protest rallies to speak at, attended marches and political protests, attended heavy metal concerts to introduce the band, ran in track meets and participated in exhibition football games as the quarterback and enjoying reliving his high school glory days and posting pictures and videos on his FACEBOOK page.

With the pandemic, Keller began conducting daily press briefings on the city’s efforts to deal with the corona virus and attempting to keep up with Governor Michelle Lujan Grisham’s daily briefings on the state level. The corona virus pandemic also allowed Mayor Keller to take his public relations efforts to even higher levels to announce city initiatives and inform the public. Keller took his public relations efforts to a whole new level by conducting “virtual town hall” meetings. The town hall meetings are sophisticated telephone conference calls to thousands at one time to provide to the public information and to answer the public’s questions regarding what the city is doing.

For over a full year since the pandemic hit the city and after he declared a public health emergency, Keller touted the city government’s ability to avoid employee layoffs and continue delivering services despite the pandemic. He also benefited from the $150 million in federal relief money the city received last spring and it was a key factor with the city’s success. Keller argued that Albuquerque fared better than other comparable cities during the crisis because of his leadership.

ANALYSIS AND COMMENTARY

In 2017 when then State Auditor Tim Keller first announced he was running for Mayor, he was asked point blank why he was running and his response was:

“Because I really think it would be neat to be Mayor of my hometown and I have done good at all the jobs I have ever held.”

Keller’s words were a reflection of shallowness and being self-centered and consumed with ambition. Now that he got what he wanted, its the voters who must decide if he has done a good job as Mayor.

Tim Keller now has a record he must run on and defend. Keller’s accomplishments have been less than stellar. Keller has not come close to the change he promised in 2017. It’s hard to believe that Keller’s record as Mayor will generate the same level enthusiasm from progressives and progressive organizations that it did 4 years ago.

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. 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, a cop 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.

During the last 3 years under Mayor Tim Keller’s leadership, things have only gotten worse in the city. The sweeping and dynamic change that Keller was perceived to represent in 2017 never materialized. APD continues to implode, violent crime is still out of control, and with the pandemic, the state and city are likely headed for another major recession.

In normal times, Tim Keller would be a one term Mayor given his record of broken promises and failures. Normally, voters are a very fickle lot and unforgiving when politicians make promises they do not or cannot keep. Sooner rather than later people demand and want results. But not in the age of the Corona Virus. Campaign promises made in 2017 and promises not kept by 2021 really do not matter from a political standpoint.

The tragic truth is that no one really cares about a politician’s poor job performance when they are struggling to make a living, make ends meet and struggling to keep themselves and their family’s healthy and safe from the Corona Virus as bills add up. The ultimate factor that will determine if Tim Keller is a one term Mayor is if anyone will emerge as a viable candidate.

In the age of the Covid 19 pandemic, none of Keller’s failures nor broken promises will likely make much of a difference to the voting public given the image he has carefully crafted with his relentless public relations and the lack of viable, Democrat progressive candidates to oppose him.

On November 2, 2021 Voters will decide if Keller has “done a good” job of leadership and if he deserves a second 4-year term.