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. As required by state law, the city budget is a balanced budget with no deficit spending allowed by law.

The city link to the budget is here:

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

The overall proposed budget is $1.2 billion, $711.5 million of which is the General Fund. The General Fund covers basic city services such as police protection, fire and rescue protection, the bus system, street maintenance, weekly solid waste pickup, all city park maintenance, city equipment, animal control, environmental health services, the legal department, risk management, and payroll and human resources. With 27 different departments, the city employs upwards of 6,400 full time employees to provide the essential services city wide. The $1.2 billion proposed budget is an increase of upwards of $105 million, or 9.5%, over the current levels. The general fund spending increases to $711.5 million, an increase of $39 million, or 5.8%, from present.

City Hall’s ability to boost spending by 9.5% is attributed in part to federal funding received from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Instead of using normal city revenues, the city was allowed to pay certain personnel and other costs associated with dealing with the pandemic.

City Hall was also able to increase spending in part because of a hiring freeze to keep spending flat in 2021. There are currently upwards of 665 general fund-covered jobs vacant, which is approximately 14% of the city’s workforce.

REVENUE SOURCES

The city relies upon a number of revenue sources to fund its annual budget. Those sources, and the percentage of the budget revenues they provide are as follows:

Gross Receipts Tax: 34.8%
Property Taxes: 14.0%
Other Taxes: 3.8%
Enterprise Fund Revenues: 11.9%

(Editor’s note: An “Enterprise Fund” is a city department operated with the revenues it generates, such as the Solid Waste Department and the Aviation Department.)

Charges, fines and permits: 4.1%
Interfund and Fund Balances: 25.3%
Miscellaneous Sources: 1.2%

The City of Albuquerque’s gross receipts tax (GRT) is 7.8750% and it is leveled on the sale of all goods and services in the city. GRT, the city’s Enterprise Fund revenues, and property taxes together make up 60.7% of the City’s total revenues. GRT is the City’s major source of revenue and is estimated at $421.9 million or 34.8% of total resources for FY/22. Property Tax comprises 14% of total revenue. The various enterprises operated by the City are estimated to generate 11.9% of total revenue in FY/22. Interfund transfers and the use of available fund balances make up the next category of revenue at 25.3%, while the other categories that include payments from other governmental entities, permits, fees, and other charges, comprise 14% of overall remaining City revenue.

Total operating resources for all funds is projected at $1.2 billion in FY/22. This is $105 million higher than the FY/21 original approved budget of $1.1 billion. The increase includes $34.7 million in Gross Receipts Tax (GRT), $11 million in property tax, $8.7 million in other taxes, $17.4 million in enterprise revenue, and $25.4 million in inter-fund and fund balance

DEPARTMENT BUDGETS TOTALS LISTED

The proposed budget contains a complete line-item budget for each and every city department. Following is each city department total proposed budgets with the percentage it represents of the total budget:

Albuquerque Community Safety: $7,730,000, 0.64% (New department as outlined below)

Animal Welfare: $14,006,000, 1.15%

Arts and Culture: $48,624,000, 4.01%

Aviation: $64,932,000, 5.35%

Chief Administrative Office: $2,188,000, 0.18%

City Support: $131,183,000, 10.82%

Civilian Police Oversight: $1,608,000, 0.13%

Council Services: $ 5,279,000 , 0.44%

Economic Development: $6,210,000, 0.51%

Environmental Health: $9,601,000, 0.79%

Family and Community Services: $89,769,000, 7.40%

Finance and Administrative Services: $70,434,000, 5.81%

Fire and Rescue: $101,326,000, 8.36%

Human Resources: $108,182,000, 8.92%

Legal: $8,518,000, 0.70%

Mayor’s Office: $1,120,000, 0.09%

Municipal Development: $81,109,000, 6.69%

Office of Internal Audit: $949,000, 0.08%

Office of Inspector General: $567,000, 0.05%

Office of the City Clerk: $2,885, 000, 0.24%

Parks and Recreation: $46,585,000, 3.84%

Planning: $15,930,000, 1.31%

Police: $227,696,000, 18.78%

Senior Affairs: $18,111,000, 1.49%

Solid Waste: $76,402,000, 6.30%

Technology and Innovation: $27,773,000, 2.29%

Transit: $43,980,000, 3.63%

Total Fiscal Year 2022 Budget: $1,212,697,000, 100.00%

MAJOR HIGHLIGHTS

Major highlights of the proposed budget include the following allocations:

A 2% cost-of-living pay raise for city employees.

$11 million in funding to buy Bernalillo County government out of its half of the Civic Plaza Government Center building and to renovate the 11-story structure. Bernalillo County sold its stake in the Government Center to the city for $5.55 million. Bernalillo County will be moving into its new $66.5 million headquarters located at 415 Silver SW.

$4 million for operational funding and programing for the Gateway Center homeless shelter. (More information provided below).

$3 million to support Local Economic Development Act projects.

$2 million for city vehicles.

$1.9 million for two Southwest Albuquerque spray pads, recreational areas for water play.

A $253,000 increase, or 18.7%, for the Civilian Police Oversight Agency (CPOA), including money for a new policy analyst.

$750,000 to expand a public animal spay and neuter program.

$350,000 for the Arts and Culture Department to implement an online ticketing system for its museums and the ABQ BioPark. The Arts and Culture Department was formerly known as Cultural Services Department.

$180,000 in recurring funding for Tingley Beach security guards.

ECONOMIC DEVELOPMENT

The proposed Fiscal Year 2022 budget allocates $10 million in business support and economic relief programs. Highlights include:

$3 million investment in the Local Economic Development Act fund, which has helped the City retain and attract businesses like Netflix, NBC Universal, Los Poblanos, and Build With Robots.

$350,000 to support the City’s hosting of the USA Cycling National Championships, which will mark the return of national sporting events that we have attracted through our past successes like the Senior Olympics.

Full recurring funding for the Small Business Office, which has provided technical assistance to help local businesses access COVID relief programs, navigate permitting processes, and connect to resources for starting up and scaling up.

Investments to help businesses reopen and events come online again, including online ticketing systems.

Increase in permitting staff in the Planning Department to ensure that major new projects like Netflix and Orion can meet their construction and development schedules, without delaying their projects.

Full funding for the BankOn Albuquerque program, a partnership with financial institutions and the FDIC to help residents get banked and avoid costly payday loan and check cashing services.

The above programs are in addition to the $170 million in capital projects currently under construction and an additional $100 million in projects to be awarded before the end of the calendar year.

SOCIAL SERVICES AND PUBLIC HEALTH CARE

The City works extensively with the State and County to provide social services and housing to people who are medically vulnerable and/or homeless. To that end, the 2022 proposed budget includes the following line-item appropriations:

$4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model.

$4.7 million net to operate the City’s first Gateway Center at the Gibson Medical Facility, including revenue and expenses for facility operation and program operations.

$24 million in Emergency Rental Assistance from the federal government, which the City will make available in partnership with the State.

$500 thousand to fund Albuquerque Street Connect, a program that focuses on people experiencing homelessness who use the most emergency services and care, to establish ongoing relationships that result in permanent supportive housing.

$214 thousand to staff the senior meal home delivery program, which has delivered over 390,000 meals to seniors since the pandemic started.

APD BUDGET HIGHLIGHTS

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

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

Highlights of the APD proposed budget include:

Funding for 1,100 sworn positions and 592 civilian support positions for a total of 1,692 full-time positions. APD has 998 sworn officers after the March graduation of cadets from the APD academy. Last year’s budget also had funding for 1,100 officers, but APD has failed over the last 7 years to reach budgeted staffing levels.

$2.3 million in funding to annualize funding for 44 additional sworn officer positions added in FY/21.

$3.5 million for a 2% Cost of Living Adjustment (COLA), subject to negotiations for positions associated with a union, health benefits and insurance administration.

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

$1,100,000 million for seven full-time positions added intra-year FY/21 at a total cost of including benefits and reduction of $126 thousand in contractual services for a net cost of $931 thousand.

$800,000 for the Department of Justice Independent Federal Monitor required under the Court Approved Settlement Agreement that is still pending after 6 years.

$400,000 for the Use of Force Review contract,

$800,000 thousand for the maintenance agreement for the new CAD/RMS software.

$106,000 for the family advocacy center lease.

$2,000,000 one-time funding increase Risk Recovery, which represents funding to cover litigation.

$74,000 for the Crisis Intervention (CIT) ECHO project.

$90,000 designated for the student loan forgiveness program for APD Officers.

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

$90,000 thousand for the CNM Cadet Academy.

$50,000 for the drag racing tactical plans from FY/21.

Funding for the following new positions are included:

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

One violence intervention data analyst and one violence intervention special projects manager were created to support the critical mission of reducing violent gun crime in the City.

One Superintendent of Police reform position created to provide guidance in reshaping the training, internal affairs and compliance with the Department of Justice and the Court Approved Settlement Agreement (CASA) reforms.

One Assistant City Attorney was created for APD.

NEW COMMUNITY SAFETY DEPARTMENT

In was in June of last year that Mayor Tim Keller announced the creation of the Albuquerque Community Safety Department (ACS). The new department as announced was to be responsible to send trained professionals to respond to certain calls for service in place of armed APD police officers or firefighters. It was to be an entirely new city department that was to be on equal footing with all the other 19 city departments, including APD and AFRD, that have hundreds of employees and separate functions, tasks, and services.

The ACS as originally presented by Mayor Keller 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 envisioned will connect people in need with services to help address any underlying issues. The department personnel would be dispatched through the city’s 911 emergency call system. 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.

During last year’s budget process, the Albuquerque City Council severely parred down the proposed new department. The new department as originally proposed by Keller was to have 192 employees, Keller cut it to 100 positions and then the City Council gutted it to 13 positions. The projected budget went from $10.9 Million as originally proposed by Keller then it was reduced to $7.5 Million, the City Council then slashed the budget further to $2.5 Million.

The 2022 proposed city budget provides for a Community Safety budget of $7.7 million with 61 total employees across a range of specialties in social work and counseling to provide behavioral health services.

GATEWAY CENTER HOMELESS SHELTER

On November 5, 2020 voters approved a general obligation bond package which included $14 million for a city operated 24-7 homeless shelter later named the Gateway Center. The 2022 proposed city budget includes operational funding of $4 million for programming for the new Gateway Center Homeless Shelter.

In January, 2021 the Keller Administration announced that it had finalized the purchased of the former Lovelace Hospital on Gibson for $15 million for the Gateway Center. The Loveless facility is a 529,000-square-foot building. The facility has a 201-bed capacity, but remodeling could likely increase capacity significantly. The current plan is to remodel the Lovelace Hospital to include a 150 to 175 standard shelter and include housing for 25 to 50 people who do not have homes and who are recovering from acute illness and injury.

COMMENTARY AND ANALYSIS

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

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

A link to a related blog article is here:

https://www.petedinelli.com/wp-admin/post.php?post=13695&action=edit

On May 25, African American George Floyd died when Minneapolis Police Officer Derek Chauvin, who is white, was taking Floyd into custody and pressed his knee against Floyd’s neck for over 9 minutes. Derek Chauvin was charged with the murder and manslaughter. On Monday, March 29, Chauvin’s trial commenced and the first week of his trial ended on April 2.

At issue was Chauvin’s use of deadly force used to subdue George Floyd to arrest him on charges of passing a counterfeit $20 bill to purchase a pack of cigarettes. More than a few bystander’s cell phone video caught the incident while Floyd struggled as he said at least 14 times “I can’t breathe, I can’t breathe” and crying out for his mother, until he succumbed to death.

NBC NEWS REPORT

On April 3, NBC News on line published an excellent summation as to what was revealed during the first week of the Derek Chauvin trial. The report was written by Janelle Griffith, a national reporter for NBC News focusing on issues of race and policing. Following is the written text with a link to the full article and followed by Commentary and Analysis:

“The first week of the trial of the former Minneapolis police officer charged with murder in George Floyd’s death concluded Friday with the longest-serving member of the police department testifying that it was “totally unnecessary” for Derek Chauvin to kneel on Floyd’s neck for more than nine minutes as he lay handcuffed on his stomach.

On the day of Floyd’s death, Frazier said, she had been walking to Cup Foods, a convenience store, with her 9-year-old cousin to get some snacks when they came upon the arrest. A cashier at the store suspected Floyd used a fake $20 bill to buy cigarettes and one of his colleagues called 911.

9 MINUTES, 29 SECONDS

In his opening statement, prosecutor Blackwell told jurors that Chauvin knelt on Floyd’s neck for 9 minutes, 29 seconds. The time has fluctuated. In an initial complaint, it was recorded as 8 minutes, 46 seconds, which became a rallying cry for months at protests in Minneapolis and across the country.

Nelson also suggested that the crowd of onlookers who witnessed Floyd’s death May 25 had made the responding officers worry for their safety and diverted their attention from him.

SPARK-OF-LIFE TESTIMONY

Prosecutors tried to present a fuller picture of who Floyd was and undercut any argument that he died of a drug overdose through the testimony of his girlfriend, Courteney Ross.
Ross, 45, testified Thursday, through tears and giggles, about how she and Floyd met in August 2017 at a Salvation Army where he worked as a security guard. She said it was one of her “favorite stories” to tell. She also spoke at length about their shared opioid addiction.

“I thought the defense might back off from that theory given that we were introduced to most of the spectators and we now know them to be ordinary people who simply wanted to help,” Moriarty said.
On Friday, Zimmerman testified, “The crowd, as long as they’re not attacking you, the crowd really doesn’t, shouldn’t, have an effect on your actions.”

SECURITY AND OTHER VIDEO

Security videos from inside Cup Foods made public for the first time Wednesday showed what happened before Floyd’s deadly encounter with police.

On Friday, Zimmerman testified, “The crowd, as long as they’re not attacking you, the crowd really doesn’t, shouldn’t, have an effect on your actions.”

The link to NBC news story is here:

https://www.nbcnews.com/news/us-news/here-s-what-was-revealed-first-week-derek-chauvin-trial-n1262932

DINELLI COMMENTARY AND ANALYSIS

The police body camera video presented in court of George Floyd being pulled from the police vehicle by 3 officers and Chauvin placing his knee on Floyd’s neck was as compelling and disturbing as it gets. From what was revealed in police lapel video camera, the police escalated the custody by using unnecessary or excessive force. There was no need for the use of deadly force, which ultimately is what happened with the knee on the neck. The police made no effort to de-escalate or to try and settle Floyd down.

When the police arrived and first approached Floyd sitting on the driver’s side of his car, the police officer had pulled his revolver out and on the lapel camera footage, he is shown pointing his revolver at Floyds face. Floyd panicked and essentially began to plead for his life saying please don’t shoot me. Floyd was eventually pulled out of his car and his hands were handcuffed behind him. Floyd was ordered to sit on the sidewalk and he complied and sat for a few minutes.

After a few minutes of sitting on the sidewalk, Floyd was taken across the street and placed in a police SUV with a “back caged” area. Floyd was literally shoved inside the car in the back seat cage area on his side, handcuffed hands behind his back. Once inside and laying on his side with his hands handcuffed behind him he had difficulty breathing and Floyd panicked and began to kick and flail begging with the police to get him out and not to be arrested.

The so called “crowd” was a group of a few adults and mostly minors. Various witnesses did yell at the police telling them to stop, but did not assault the police and they did what the police instructed them to do which was to stand clear and on the side walk.

Although George Floyd was clearly upset in the vehicle, he was not at all confrontational and did not threaten the police. The police escalated the arrest by pulling and dragging George Floyd out the police vehicle car and while handcuffed and face down next to the police vehicle front tire, Officer Derek Chauvin placed his right knee on the neck George Floyd, cutting off blood supply. Soon Floyd was unconscious and non-responsive. Before becoming unconscious George Floyd cried out “I can’t breath” at least 17 times in an agitated state and cried out for “mother” but Chauvin continued with the neck hold for a full 9 minutes, 45 seconds, during which time para medics were called for assistance and they arrived within minutes.

Upon arrival, the paramedics found George Floyd totally unresponsive, placed him in the ambulance and drove around the corner and administered medical care in an attempt to revive him by CPR and administering electric chest shock. One para medic testified that he felt Floyd was already dead when he was picked up off the street and place him on the gurney.

Testimony revealed that George Floyd was under the influence of fentanyl at the time and it was noted he was “frothing at the mouth” and in an agitated state while Chauvin had his knee on the neck of Floyd. The fentanyl was not the likely cause of the frothing at the mouth nor the bleeding from the nose, but was a sign that Floyd’s body reacting to the choke hold and he was dying resulting in his body discharging fluids. Once Floyd was subdued and passed out and not moving, Chauvin was required by his training deescalate the use of force and even give first aide.

Stay tune for the autopsy report as to the cause of death and the testimony that George Floyd had drugs in his system, Derek Chauvin acted as he was trained and that he was in fear for his life.

FINAL COMMENTS

A conviction required by a unanimous verdict and a conviction beyond a reasonable doubt. A verdict must be unanimous for a conviction or acquittal and if only one juror feels that the police officer acted reasonably, a mistrial is declared. It would be a major mistake to assume that a conviction of the police officer is all but certain. Far from it. When it comes to prosecuting police officers, jurors are essentially asked to review the evidence from the standpoint of the police officers, not the witnesses to the event. The jury must decide if the officer’s use of force or deadly force was justified to protect themselves or others or for that matter if the force was reasonable given all the facts and circumstances.

On March 31, New Mexico became the 18 state to legalize recreational cannabis. On Tuesday, March 30, House Bill 2, a 178-page bill, cleared the state House 38-32. On Wednesday, the bill passed the Sente on a 22-15 vote. Two Senate Democrats Roberto “Bobby” Gonzales of Taos and Shannon Pinto of Gallup joining with Republicans in voting “no”.

New Mexico already has a medical cannabis program that has more than 107,000 enrolled patients.

HIGHLIGHTS OF LEGISLATION

Major highlights of the enacted House Bill 2 are:

The sale of recreational cannabis will be legal in May, 2022.

The bill allows people 21 years or older to buy, possess and use marijuana outside the home up to 2 ounces of marijuana. People will be able to buy no more than 2 ounces of cannabis or 800 milligrams of edible cannabis. There are also limits on extracts. It is estimated that sales will generate more than $300 million in revenue for the state.

The state will regulate all sellers and there will be no limits on the number of licenses issued. This is a dramatic departure from the limited number of licenses available in liquor licenses which have a cap based upon population.

There will be a cap on the number of plants sellers can grow.

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

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

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

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

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

The state would levy a 12% excise tax on sales to start, and the tax would grow to 18% over time. Gross receipts taxes would also be added on, pushing the total tax rate to 20%. There will be a maximum 20% tax on it.

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

Main sponsor Rep. Javier Martinez (D- Albuquerque) had this to say about the passage:

“I’m just very excited for the people in the state of New Mexico. … I think the people deserve a big transformative win like this one. I can’t wait for this industry to get to work and create jobs and bring revenues for our state.”

GOVERNOR’S REACTION

After passage Governor Michell Lujan sent out the following statement:

“This is a significant victory for New Mexico. Workers will benefit from the opportunity to build careers in this new economy. Entrepreneurs will benefit from the opportunity to create lucrative new enterprises. The state and local governments will benefit from the additional revenue. Consumers will benefit from the standardization and regulation that comes with a bona fide industry. And those who have been harmed by this country’s failed war on drugs, disproportionately communities of color, will benefit from our state’s smart, fair and equitable new approach to past low-level convictions.

There were more than a few significant breakthroughs in the 60-day session. This is yet another one. As New Mexicans know, I have advocated and pushed and negotiated for this measure, and I am immensely proud and humbled to have seen it through. But that feeling is dwarfed by the gratitude I feel for the well-informed advocates, to the community members from all across the state – urban and rural, from every region– who have been committed to lobbying for this, to the leaders in the Legislature who helped us cross this major threshold.
…
This is a good bill. This special session was a success. And the work of making sure that this industry is a success, that New Mexicans are able to reap the full economic and social benefit of legalized adult-use cannabis, that workplace and roadway safety are assured to the greatest degree possible – that work will go on. Change never comes easily and rarely does it occur as quickly as we might like. But with this major step forward, we are signaling more clearly than ever before that we are ready, as a state, to truly break new ground, to think differently about ourselves and our economic future, to fearlessly invest in ourselves and in the limitless potential of New Mexicans.”

Links to news sources are here:

https://www.krqe.com/news/politics-government/recreational-marijuana-bill-heads-to-the-senate/

https://www.koat.com/article/recreational-cannabis-bill-heads-to-governors-desk/35881004

https://www.kob.com/new-mexico-news/nm-senate-passes-recreational-marijuana-bill/6059537/?cat=500

https://www.abqjournal.com/2375439/marijuana-legalization-clears-nm-house.html

EXPUNGEMENT OF MARIJUANA CONVICTIONS

On Wednesday March 31, the special session of the legislature also enacted Senate Bill 2 that will wipe certain cannabis-related convictions off New Mexicans’ criminal records. The Senate voted 23-13 along party lines to pass the legislation with majority Democrats voting in favor and Republican’s casting “no” votes. Senate Bill 2 also cleared the House on a 41-28 vote.

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

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

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

ELECTIONS HAVE CONSEQUENCES

During the last two years, bills to legalize recreational cannabis have not gone forward in the Senate because 4 conservative Democrats formed a coalition with Republican Senators to oppose all the legislation. Four conservative incumbent Democrats were ousted by progressive challengers in the June primary election and three progressive Democrats went on to win election to the Senate in the November 3 general election. Long time serving Democrats Senate Finance Committee Chairman John Arthur Smith, Senate President Pro Tem Mary Kay Papen, Clemente Sanchez of Grants and Senator Gabe Ramos of Silver City were all defeated in the June primary.

NEW INDUSTRY BENEFTING ECONOMY

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

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

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

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

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

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

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

COMMENTARY AND ANALYSIS

After a full two years of debate and past efforts to legalize recreational cannabis, its passage was long overdue. The enacted legislation was well thought out and takes the approach of legalize, regulate and tax.

On May 25, African American George Floyd died when Minneapolis Police Officer Derek Chauvin, who is white, was taking Floyd into custody and pressed his knee against Floyd’s neck for upwards of 9 minutes. Former Minneapolis Police Officer Derek Chauvin is currently on trial for the murder of African American George Floyd. At issue was Chauvin’s use of deadly force used to subdue George Floyd to arrest him on charges of passing a counterfeit $20 bill to purchase a pack of cigarettes.

More than a few bystander’s cell phone video caught the incident while Floyd struggled as he said at least 14 times “I can’t breathe, I can’t breathe” and crying out for his mother, until he succumbed to death. The police body cam video presented in court of George Floyd being pulled from the police vehicle by 3 officers and Chauvin placing his knee on Floyd’s neck was as compelling and disturbing as it gets.

Floyd’s death sparked violent protests in the city Minneapolis and beyond. The death led to the Black Lives movement demanding police reforms and the “defund the police” movement. The Floyd family filed a federal civil rights lawsuit in July of last year against the city, Derek Chauvin and the 3 other fired police officers charged in his death. The federal lawsuit alleged in part that the Minneapolis Police violated Floyd’s rights when they restrained him and that the city allowed a culture of excessive force and racism to flourish in its police force. On Friday, March 12, the city of Minneapolis agreed to pay $27 million to settle the civil lawsuit filed by the George Floyd family over his death in police custody.

JOURNAL GUEST COLUMN REVISTED

On Sunday, March 28, a guest opinion column written by a retired APD Area Commander was published by the Albuquerque Journal. The opinion column initially takes issue with the appointment by Mayor Keller of APD Chief Harold Medina and called it a “charade”.

The link to the full Albuquerque Journal guest column is here:

https://www.abqjournal.com/2374261/dual-leadership-has-never-worked-for-officers-or-residents.html?fbclid=IwAR1PhW_VsEQA6GRxLLyssKTojuDrdms5XPqgNeK37V4HpSXONeD_U_U3h7Q

The opinions expressed by the former APD Area Commander regarding the Federal Court Approved Settlement Agreement (CASA) were extremely revealing regarding the use of force and deadly force to make an arrest and for that reason merit review. The first paragraph is deleted and deals with appointment of current APD Chief. The third paragraph is deleted and it relates to the Chief selection process. The remaining paragraphs are as follows:

“… [DELETED FIRST PARAGRAPH]…

“Crime is up and directly related to the settlement agreement, an absurd use-of-force policy and the required investigations. These decrees can last for a decade or more. Seattle and Portland have been under one since 2012, Detroit since 2003. Crime escalates wherever they are implemented. The monitor has every financial reason to prolong this decree while he drains our coffers.

… [DELETED THIRD PARAGRAPH]…

I believe I can speak for an overwhelming number of retired/former officers when I say this entire mess, settlement agreement/dual leadership is an unmitigated disaster that was preventable. We arrived here by the political inactions and lack of courage by our mayors and councils. They should have been the oversight when the chain of command faltered.

A once proud, nationally recognized, effective APD is in total shambles, and life for the officers and crime is only going to get worse. But alas, the new dual leadership at APD will “right” the sinking ship.

COMMENTARY AND ANALYSIS

There are two major false claims in the Journal guest column that need to be addressed. Those claims are:

FIRST FALSE CLAIM:

“Crime is up and directly related to the settlement agreement, an absurd use-of-force policy and the required investigations’

This is a false claim and reflects a level of ignorance of just how consent decrees work.

An academic report found an uptick in crime among the 31 cities that came under federal oversight between 1994 and 2016. The study also found those increases were temporary and diminished into statistical insignificance over time. Stephen Rushin, the study’s co-author and a professor at the Loyola University Chicago School of Law had this to say:

“To say that … [consent decrees] don’t work, at minimum is misleading. … I don’t think anyone, even folks who have spent their life doing this, would think it’s perfect. But I think to say that it just doesn’t work and everyone knows it, that’s not true. … It would be fair to say there’s some empirical support for the claim that consent decree cities have seen maybe an uptick in crime relative to unaffected cities. … But, again it’s more complicated because our research … found that after a few years, that relationship goes away.”

According to Professor Rushin, other experts said that crime rates aren’t the only factor to consider when weighing the potential costs and benefits of consent decrees. For instance, a widely cited study from the University of Texas-Dallas found that cities operating under such agreements saw a decrease in civil rights lawsuits against police.

The link to the University of Texas-Dallas study is here:

https://onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12295

Professor Rushin went on to say:

“These [crime] numbers are not destiny and there are good examples of cities as big as Chicago going through these kinds of very disruptive processes and coming out the end a much safer and seemingly more constitutional police department”.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2757809

One example is Los Angeles, which operated under a consent decree between 2000 and 2013. A 2009 report from the Harvard Kennedy School found that crime did rise in the first couple years of the consent decree, but at a pace no faster than it did across all of California.

http://lapd-assets.lapdonline.org/assets/pdf/Harvard-LAPD%20Study.pdf

SECOND FALSE CLAIM :

“… [P]olitically correct politicians shoved us [meaning APD] under the settlement agreement bus” is precisely the false narrative that is the biggest reason that implementation of the reforms by APD are failing.”

The former APD Commander retired years before the Department of Justice (DOJ) Court Approved Settlement Agreement was negotiated. He was part of APD management before the DOJ came to Albuquerque.

In his letter, the retired commander makes the startling admission that sounds like it comes out of a Chicago APD television script:

“… some [being arrested] had to be slammed up against the hood of a car, a wall or the ground to gain compliance. Some had to be gassed, tazed, struck with a baton and, yes, some had to be shot. “

Without lapel camera footage or cell phone footage, or other witness testimony, only an arresting officer knows for sure if the use of force or deadly force is in fact justified and if a suspect was resisting a lawful arrest.

Only police officers themselves over the years before the consent decree know for sure if they did not help create, did not participate nor did not stop the “culture of aggression” within APD that took many years to become reality long before the DOJ investigation.

WHAT BROUGHT THE DEPARTMENT OF JUSTICE TO THE CITY

On April 10, 2014, the United States Department of Justice (DOJ), Civil Rights Division, submitted a scathing 46-page investigation report on an 18-month civil rights investigation of the Albuquerque Police Department (APD).

The investigation was conducted jointly by the DOJ’s Washington Office Civil Rights Division and the United States Attorney’s Office for the District of New Mexico.

You can read the entire report here.

https://www.justice.gov/sites/default/files/crt/legacy/2014/04/10/apd_findings_4-10-14.pdf

The DOJ investigation included a comprehensive review of APD’s operations and the City’s oversight systems of APD. The DOJ investigation “determined that structural and systemic deficiencies — including insufficient oversight, inadequate training, and ineffective policies — contribute to the use of unreasonable force.”

Based on the investigation and the review of excessive use of force and deadly force cases, the DOJ found “reasonable cause to believe that APD engage[d] in a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment … . and [the] investigation included a comprehensive review of APD’s operations and the City’s oversight systems.”

Federal civil rights laws make it unlawful for government entities, such as the City of Albuquerque and APD, to engage in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights, privileges, or immunities secured by the Constitution and laws of the United States.

The investigative report found a pattern or practice of use of “deadly force” or “excessive use of force” in 4 major areas:

1. The DOJ reviewed all fatal shootings by officers between 2009 and 2012 and found that officers were not justified under federal law in using deadly force in the majority of those incidents. Albuquerque police officers too often used deadly force in an unconstitutional manner in their use of firearms. Officers used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed. Officers also used deadly force in situations where the conduct of the officers heightened the danger and contributed to the need to use force.

2. Albuquerque police officers often used less lethal force in an unconstitutional manner, often used unreasonable physical force without regard for the subject’s safety or the level of threat encountered. The investigation found APD Officers frequently used take-down procedures in ways that unnecessarily increased the harm to the person. Finally, APD officers escalated situations in which force could have been avoided had they instead used de-escalation measures.

3. A significant number of the use of force cases reviewed involved persons suffering from acute mental illness and who were in crisis. The investigation found APD’s policies, training, and supervision were insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respected their rights and in a manner that was safe for all involved.

4. The investigation found the use of excessive force by APD officers was not isolated or sporadic. The pattern or practice of excessive force stemmed from systemic deficiencies in oversight, training, and policy. Chief among these deficiencies was the department’s failure to implement an objective and rigorous internal accountability system. Force incidents were not properly investigated, documented, or addressed with corrective measures by the command staff.

What differentiates the DOJ’s investigation of APD from the other federal investigations of police departments and consent decrees is that the other consent decrees involve in one form or another the finding of “racial profiling” and use of excessive force or deadly force against minorities. The DOJ’s finding of a “culture of aggression” within APD dealt with APD’s interactions and responses to suspects that were mentally ill and that were having psychotic episodes.

The CASA and all 271 mandated reforms was necessitated because of APD’s actions and inactions from the Chief, APD management, the command staff all the way down to patrol officers. The April 10, 2014, DOJ investigation report reviewed all fatal shootings by APD officers between 2009 and 2012. The Department of Justice found excessive use of force and deadly force that was engrained into APD to the point that a “culture of aggression” existed.

CITY’S CONSENT DECREE UNIQUELY DIFFERENT FROM ALL OTHERS

What happened in the George Floyd case has happened in Albuquerque more than once, but it involved APD’s interaction with the mentally ill.

There are 18 consent decrees in the United States, all but one deal with racial profiling or systemic racism in one form or another. APD’s consent decree is significantly different. APD’s consent decree was brought about primarily because of APD’s inability to interact and deal with the mentally ill and those in crisis and as APD was attempting to take into custody for a suspected crime.

The 3 best examples are:

The 2010 shooting and killing of Kenneth Ellis, III, an Iraq War Veteran suffering post traumatic stress disorder and who had committed no crime, yet then Lt. Medina authorized the use of deadly force. The Ellis shooting resulted in $10.3 million judgement against the city.

The 2011 shooting and killing by APD of mentally ill Christopher Torres in his backyard by APD detectives dressed in plain clothes confusing Torrez. The Torrez shooting resulted in over a $6 million judgement against the city.

The 2014 killing of homeless camper and mentally ill James Boyd who was shot and killed by SWAT in the Sandia Foothills after APD attempted to arrest him for illegal camping. The Boyd killing resulted in a $5 million judgment against the city.

All 3 shootings were preventable, a clear violation of constitutional rights and wound up costing over $21 million in judgements.

APD has been struggling for over 6 years with trying to implement the DOJ consent decree reforms. After six years and millions spent, APD still has a long way to go to be compliant under the settlement before the case can be dismissed. The reforms were to be fully implemented in 4 years, and after 2 years of compliance in 3 areas determined to be 95% , the case was to be dismissed. APD management, the police union and rank and file have essentially done whatever they could do, and at different times, to interfere with the reform efforts.

The biggest failure made clear in Federal Court Monitor’s 12th report filed on November 2, 2020, relates to “Operational Compliance”. Operational Compliance is defined as “managements adherence and enforcement to APD policies in the day-to-day operation of APD” .

Operational compliance is where line personnel are routinely held accountable for compliance by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and upper command staff. In other words, APD “owns” and enforces its own policies and without expecting the Federal Monitor to do it for them.

DERELICTION OF DUTY BY APD, NOT POLITICIANS THROWING IT UNDER BUS

The problem always has been and continues to be that APD management, the police union and its membership have not fully embraced the reforms. In fact, all three have resisted them from time to time, at different times, as has been repeatedly documented by the federal monitor in at least 4 reports over the last 3 years.

The argument made by the retired APD Area Commander that “this entire mess, settlement agreement/dual leadership is an unmitigated disaster that was preventable. We arrived here by the political inactions and lack of courage by our mayors and councils. They should have been the oversight when the chain of command faltered” is nothing more than a pathetic attempt to undercut and discredit the need for the reforms and deflect the blame where it belongs: APD management, the union and rank and file police.

FINAL COMMENTARY

The settlement agreement was indeed preventable had APD in fact followed constitutional policing practices in the first place. It had nothing to do with “politically correct politicians” throwing APD under the bus. It was APD that brought the DOJ here in the first place and mandated the Federal Court to come down on it.

Simply put, if a police officer does not want to do their job and not follow constitutional policing practices as mandated by the consent decree, they are part of the problem and need to leave APD or find another line of work. Same goes for anyone currently within APD management, such as Chief Harold Medina, who helped create, contributed or who did not stop the “culture of aggression” and who have resisted the reforms.

Below are 3 excellent summary reports by the Associated Press (AP) writers STEVE KARNOWSKI and AMY FORLITI, and one report by USA Today of the first two days of the George Floyd murder trial with links to the reports at the end of each report:

AP Headline: Witness in George Floyd case: ‘I witnessed a murder’
by: STEVE KARNOWSKI and AMY FORLITI, Associated Press

Posted: Mar 29, 2021 / 09:57 PM MDT / Updated: Mar 30, 2021 / 08:10 AM MDT

MINNEAPOLIS (AP) — A man who was among onlookers shouting at a Minneapolis police officer to get off George Floyd last May was to continue testifying Tuesday, a day after he described seeing Floyd struggle for air and his eyes rolling back into his head, saying he saw Floyd “slowly fade away … like a fish in a bag.”

After the day’s proceedings, a few hundred protesters gathered outside the courthouse. Speakers called for justice for Floyd and others whose lives were lost in encounters with police. One speaker, Jaylani Hussein, shouted: “Police officers are not above the law!” …

Links to AP Reports are here:

https://thebrunswicknews.com/ap/national/witness-describes-seeing-floyd-slowly-fade-away/article_8b0242a3-984a-563f-841d-97ee3b96c5fb.html

https://www.krqe.com/news/national/witness-describes-seeing-floyd-slowly-fade-away/?fbclid=IwAR3GDS6zUXJaOz9qpz3IqWJuiwtsY_SsT30xrU88Wv4kAZxrjM1BQU1lDKU

DONALD WILLIAMS TESTIMONY

“[Donald Williams] … testified Tuesday that he called 911 after paramedics took Floyd away, “because I believed I witnessed a murder.”

Floyd, 46, had none of the telltale signs of asphyxiation and had fentanyl and methamphetamine in his system, Nelson said. He said Floyd’s drug use, combined with his heart disease, high blood pressure and the adrenaline flowing through his body, caused a heart rhythm disturbance that killed him.”

The link to the full AP Report is here:

https://apnews.com/article/derek-chauvin-trial-latest-updates-bba19d0f75c2cd71c135eed69f5e8200

OTHER WITNESS TESTIMONY

“Onlookers grew increasingly angry as they begged Minneapolis Officer Derek Chauvin to take his knee off George Floyd’s neck, but Chauvin would not let up, and another officer forced back members of the crowd who tried to intervene, witnesses testified Tuesday at Chauvin’s murder trial.

“I stay up at night apologizing to George Floyd for not doing more … not saving his life,” she said, adding of Chauvin: “It’s not what I should have done; it’s what he should have done.” “

https://apnews.com/article/derek-chauvin-trial-latest-updates-bba19d0f75c2cd71c135eed69f5e8200

USA TODAY REPORT ON GENEVIEVE HANSEN TESTIMONY

USA Today published the following report, with the link, on the testimony of Genevieve Hanson:

Genevieve Hansen, 27, a Minneapolis firefighter with state and national EMT certifications testified … Hansen said the vast majority of the calls she’s assigned are medical calls. She said she had been working as a firefighter for a little over a year and was off-duty on a walk last Memorial Day when she saw flashing lights and heard a bystander yelling.

In a 911 call Hansen made following the incident, she said, “I literally watched police officers not take a pulse and not do anything to save a man,” according to a recording played for the jury.

The link to the full USA Today report is is here:

https://www.usatoday.com/story/news/nation/2021/03/30/derek-chauvin-trial-live-tuesday-witnesses-take-stand-donald-williams/7018720002/

Reporters: Grace Hauck, N’dea Yancey-Bragg, Kevin McCoy, Tami Abdollah, Eric Ferkenhoff

COMMENTARY AND ANALYSIS

As a prosecutor for much of my 42 year career as an attorney, for the last 2 days I have been riveted watching the trial of Derek Chauvin charged with the murder of African American George Floyd.

What just blows my mind is how the “stars lined up” for the prosecution. More than one cell phone video taken by bystanders within a few feet of the incident, across the street video from a city surveillance camera that caught it all on camera, a professional Mixed Marshal Arts (MMA) fighter who witnessed the incident and could explain the difference between the kinds of chock holds, an off duty Fire Fighter and EMT taking a walk, witnessing the incident, offered to help and told no by the officers and who caught it on cell phone, and minors under 18 who testified under oath what they saw.

It would be a major mistake to assume that a conviction of the police officer is all but certain. Far from it. When it comes to prosecuting police officers, jurors are essentially asked to review the evidence from the standpoint of the police officers, not the witnesses to the event. The jury must decide if the officer’s use of force or deadly force was justified to protect themselves or others or for that matter if the force was reasonable given all the facts and circumstances.

Stay tune for the autopsy report as to the cause of death and the testimony that George Floyd had drugs in his system, Derek Chauvin acted as he was trained and that he was in fear for his life. A conviction required by a unanimous verdict and a conviction beyond a reasonable doubt.

A verdict must be unanimous for a conviction or acquittal and if only one juror feels that the police officer acted reasonably, a mistrial is declared.

On December 1, 2009, when former Mayor Richard Berry was sworn into office for his first term, the Albuquerque Police Department (APD) was the best trained, best equipped, best funded department in its history. APD was fully staffed with 1,100 sworn police officers.

Over 8 years, APD went from 1,100 sworn police to 853 sworn police all under the public safety leadership of Mayor Berry, his Chief Public Safety Officer Darren White and his appointed APD Police Chiefs Ray Schultz, Allen Banks and Gordon Eden.

When then New Mexico State Auditor Tim Keller ran for Mayor, he ran in part on the platform of increasing the size of the Albuquerque Police Department (APD) to 1,200 police and returning to “community-based policing” by the end of his first term. When Mayor Tim Keller assumed office on December 1, 2017, there were 861 full time sworn police according to the 2017-2018 city budget figures and payroll records at the time.

MASSIVE INVESTMENT, LITTLE RETURN

To keep his campaign promises on the police department, Mayor Keller order his Administration to begin implementing an $88 million-dollar APD police expansion program. The announced goal was to increase the number of sworn police officers from 861 positions filled to 1,200, or by 339 sworn police officers, over a four-year period. Keller promised to increase the number of sworn police in the department to 1,200 by the end of his first term, proclaiming 100 new offices were being hired a year.

Candidate Tim Keller during a televised debate 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 Council dedicated 75% to public safety.

The tax was enacted 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.

APD PERSONNEL LEVELS

During the February 8, 2021, City Council Public Safety Committee, Interim 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

KELLER’S STATE OF THE CITY ADDRESS

As of January 9, 2021, APD payroll showed there were 953 sworn officers with 48 cadets in the academy.

On March 14, 2021, Mayor Tim Keller held his third “State of the City Address”. It was held virtually and was a very slick and impressive one hour production of not just Mayor Keller speaking, but other members of his administration giving presentations, including newly appointed APD Chief Harold Medina and newly appointed Interim Public Safety Office Sylvester Stanley. A “YOU Tube” link to the State of the City Address is here:

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

Mayor Tim Keller boldly proclaimed during his March 14 State of the City address that he has made good on his promise to expand the ranks of APD by hiring 100 officers every year over the last 3 years. Keller said:

“We have honored our commitment to rebuild the ranks after decades of depletion. We have hired 100 new officers each year with another 100 on deck for this year. … It’s a big hole to climb out of when officers only have time to run from call to call. This is how we will end the days of just waiting for crime to happen and struggling to respond.”

ACTUAL NUMBERS CONTRDICTS KELLER

On March 21, 2021, it was reported that APD is just shy of 1,000 officers. APD previously said they were hoping to reach that milestone by the end of 2019. It was reported that in May 2019, APD had 957 officers, and in 2018 it had 850.

According to APD spokesman Gilbert Gallegos, after the graduation of APD’s March cadet class, APD has 998 sworn police officers. Gallegos had this to say:

“Right now, it has been kind of fluctuating in the past year. We get up to 1000, or maybe a little lower, than we do lose officers at a certain time of year. But, we only gain them two or three times a year on one date. We get a— like just now— last week added 45 officers, so that puts us up close to 1,000”.

According to Gallegos, in the last 3 years, APD has had about 100 officers resign or retire, which is fewer than the same time during the previous administration.

Gallegos acknowledge that the pace of growing the department has slowed and said:

“It’s tough going to kind of keep moving that up, inching up and up. … We’re doing more, actually we’ll announce something soon to help retain officers with the most experience, too. So, we’re putting out information to convince them that it’s worth their while to stay even longer. ”

Gallegos added that there are some large cadet classes coming through the pipeline.

When Gallegos was asked if he thinks the mayor will reach his goal of having 1,200 officers by 2022, he had this to say:

“I think so, yeah. I mean, we’ve hired over 300 right now. This next year is looking really good. I think we’re going to get there. The trick is, at the same time, keeping people from retiring and keeping that steady pace.”

A link to the news source is here:

https://www.kob.com/albuquerque-news/apd-sees-growth-stall-in-recruitment-/6049312/?cat=500

CITY COUNCIL GUTS “ALBUQUERQUE COMMUNITY SAFETY” DEPARTMENT

During his March 14, State of the City Address and his March 22 announcement for reelection, Mayor Keller touted a revitalized public safety effort and his “innovative new safety department” called the “Albuquerque Community Safety” (ACS) department. His embellishment glossed over the truth and the new department likely has years before it will actually materialize and have any effect on crime.

The approved 2020-2021 City Council budget guts Mayor Keller’s plan for a new “Albuquerque Community Safety” (ACS) department. The ACS as originally presented by Mayor Keller 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 department personnel would be dispatched through the city’s 911 emergency call system. 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.

The City Council approved budget but slashed Keller’s proposed $7.5 million budget 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 $5 million in staffing costs. The staffing cut include 53 security personnel, 9 parking enforcement employees and 6 people from the city’s crossing guard program. The City Council’s budget gives the department a mere 13 positions. The positions include 7 civilian employees from the APD Crisis Outreach and Support Teams, and 3 Family and Community Services Department staffers which include one social worker and 2 people who respond to homeless encampments.

COMMENTARY AND ANALYSIS

It is simply false when Keller says there has been “decades of depletion” of APD. The depletion occurred over 8 years under former Mayor Richard Berry and it continued for another 3 years under Mayor Tim Keller.

Simply put, Keller at worse lied in his state of the city address or at best intentionally mislead people as to how poorly his administration has done with recruiting and retention of sworn police. The poor performance on recruiting is after significant salary increases and large longevity or retention pay increases his administration handed out his first year in office agreeing to a two-year police contract which expired on July 1, 2020.

RESONS WHY RECRUITING AND TRAINING A NEW GENERATION OF YOUNGER POLICE OFFICERS DIFFICULT

Reasons Why Recruiting younger, new generation of sworn police officers and growing the size of the police department is difficult for any number of reasons including:

1. APD’s poor and negative national reputation.
2. Albuquerque’s high violent crime rates are not conducive to attracting people who want to begin a long-term career in law enforcement in Albuquerque.
3. The increased dangers of being a police officer in a violent city such as Albuquerque.
4. The DOJ oversight requirements.

APD consistently has thousands of applicants that apply to the police academy every year. The overwhelming number of police academy applicants fail to get into the academy for any number of reasons including failing to meet minimum education and entry qualifications, unable to pass criminal background checks, unable to make it through psychological background analysis, failing the polygraph tests, lying on the on the applications or failing a credit check. Once in the police academy, many cadets are unable to meet minimum physical requirements or unable to handle the training and academic requirements to graduate from the academy and drop out.

PAY RATES AND RETENTION BONUSES

When APD Spokesman Gilbert Gallegos says “We’re doing more, actually we’ll announce something soon to help retain officers with the most experience” what he is likely talking about is more money for retention bonuses. Paying more money to APD police officers to stay has been tried before, and it still has not worked. APD pay is already some of the highest law enforcement pay in the country when you add base pay, overtime, longevity pay, insurance benefits and retirement program and the city is still having a problem with retentions of experienced cops.

The 160 top wage city hall wage earners employed by the Albuquerque Police Department include patrol officers first class, sergeants, lieutenants, commanders the deputy chiefs, and the chief with annual pay ranging from $101,000 a year up to $192,937 a year. Far more Police Officers 1st Class are earning 6 figures under the Keller Administration than under the last year of the Berry Administration.

Starting pay for an APD Police Officer immediately out of the APD academy is $29 an hour or $60,320 yearly. (40 hour work week X 52 weeks in a year = 2,080 hours worked in a year X $29 paid hourly = $60,320.)
Police officers with 4 to 14 years of experience are paid $30 an hour or $62,400 yearly. (40-hour work weeks in a year X 52 weeks in a year = 2,080 hours worked in a year X $30 paid hourly = $62,400.)
Senior Police Officers with 15 years or more experience are paid $31.50 an hour or $65,520 yearly. (40 hours work in a week X 52 weeks in year = 2,080 hours worked in a year X $31.50 = $65,520.)
The hourly pay rate for APD Sergeants is $35 an hour, or $72,800. (40-hour work week X 52 weeks in a year = 2080 hours worked in a year X $35.0 paid hourly = $72,800.)
The hourly pay rate for APD Lieutenants is $40.00 an hour or $83,200. (40 hour work week X 52 weeks in a year = 2080 hours worked in a year X $40.00 = $83,200.)

LONGEVITY PAY ADDED TO BASE PAY

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

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

When the Keller Administration announced the new retention bonuses, they said it should do the trick and stop more cops from leaving, but it did not.

FALSE NARRATIVE

It is simply false when APD Spokesman Gilbert Gallegos says in the last three years, APD has had about 100 officers resign or retire, which is fewer than the same time during the previous administration. Gallegos is either intentionally misleading or he flunked basic math in school.

It’s is not difficult to understand the math and find the truth. When Keller was sworn into office there were 861 sworn police. If the Keller Administration in fact has hired 100 new officers a year over the last 3 years as they claim, you add the new 300 sworn police to the 861 sworn when Keller became Mayor to arrive at a 1,161-total number. You then subtract the current number of 998 from the 1,161 total which means APD lost 163 sworn police over the last 3 years, not just 100 as Gilbert Gallegos claimed. In other words, more than 50% of the 300 hiring gains over the last 3 years have been lost to retirement, transfers or terminations and and need to be replaced.

On March 22, Mayor Keller announced that he is running for a second term with the election to be held on November 4. One key platform that he has promised is to create a new Public Safety Department and hire social workers deal with many calls for service. It is difficult to comprehend that the Keller Administration will be any more successful creating the department than it has been in fully staffing APD at 1,200 full time police.

At the pace the Keller Administration is going, it will be at least another 3 years, perhaps 4, to get to the 1,200-total number of sworn police as promised by Keller. With that kind of record, it’s not at all likely that Keller’s new department of public safety will materialize.

No wonder Tim Keller wants another term. Without 4 more years, he has broken his promises to get the job done by the end of his first term. All of Keller’s broken promises when it comes to APD reminds me of former Governor Bruce King when he said “I may have promised, but I never gave you a firm commitment.”