On September 3, it was reported that the city had its 53 homicide this year. The Albuquerque Police Department found a man dead around 2 a.m. Thursday morning near Menaul and Pennsylvania. According to an APD spokesman, officers were dispatched to the 7700 block of Prospect NE in response to a suspicious situation involving a man face down in a front yard. Upon arrival, they determined the man was dead and “appeared to have suffered an unknown type of trauma.” A homicide call-out was initiated. Police said there is no suspect information to release at this time and the victim had not been identified yet. This is the city’s 54th homicide of 2020 .

https://www.kob.com/albuquerque-news/police-investigate-homicide-in-ne-albuquerque-/5849995/?cat=500

On August 18, Mayor Tim Keller introduced his Violence Intervention team and said in part:

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

A WIDE RANGING INTERVIEW

On Tuesday, August 18 Mayor Tim Keller held a press conference that discussed a wide range of topics related to crime in Albuquerque. Mayor Keller insisted that his administration was “chipping away” at Albuquerque’s high crime rates. The statistics do not support the Mayor’s contention.

https://www.kob.com/albuquerque-news/keller-introduces-team-that-will-help-address-violent-crime-in-albuquerque/5831952/?cat=500

DISCUSSION OF VIP AND RAPID ACCOUNTABILITY DIVERSION PROGRAMS

During the press conference, Keller elaborated on one of his 4 new programs to address violent crime that he believes will get results in less than two years. According to Keller, the city will be working with 20 other cities that are cooperating with the John Jay College of Criminal Justice. The strategy involves law enforcement leaders understanding that half of 1% of a city’s population drives most violence. With that information, experts believe police officers will be able to dramatically realign resources to focus on that small percentage.

Mayor Keller introduced a team of experts by use of a video behind the Violence Intervention and Rapid Accountability Diversion Program that will help reach the small percentage of violent offenders. They include a former gang member, a juvenile justice professional, a mediator, and a police commander. They say they will make a difference by identifying and intervening with potential crime drivers.

According to Keller vulnerable communities and law enforcement will be working together and building trust has proven results for public safety. The goal of the team is to find crucial common ground, build new relationships, and significantly reduce gun violence in our neighborhoods.

The four individuals introduced as part of the program are:

Jerry Bachicha, Violence Intervention Program Manager
APD Commander Luke Languit
Tonya Covington, Division Director of Rapid Accountability
Angel Garcia, Social Services Coordinator

A video presentation by all 4 individuals can be viewed here:

https://www.facebook.com/MayorKeller/videos/961920580949259

According to Mayor Keller:

“This isn’t about Power Point slides or interesting analysis. … This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. This is not just running reports and I think that’s a marked difference with what the city has done in the past.”

Keller said other cities with the same initiative have seen violent crime reduce by 10%-30%. Keller said he expects to see results in 9-18 months.

https://www.kob.com/albuquerque-news/keller-introduces-team-that-will-help-address-violent-crime-in-albuquerque/5831952/?cat=500

CLEARANCE RATES

During the August 18 press conference, Mayor Keller was asked questions about APD’s homicide clearance rates. APD reports that it is making arrests for about half of all homicides. Keller had this to say about the clearance rates:

“We know that the clearance rate is a little bit lower than it has been. It’s not out of line with the national standards … But, I will say the reason why we’re challenged is because there are so many homicides. So, the more homicides there are, the lower the clearance rate is going to be.”

The FBI reports that the national homicide clearance rate is 61%. In 2019, APD’s clearance rate was 52.2% when the city reached 82 homicides in one year. In Albuquerque, so far it’s 57% for 2020. It more likely than not the clearance rate will fall even further in 2020 as more murders occur.

According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, Mayor Berry’s last year in office, 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.

As of September 3, there have been 54 homicides reported in Albuquerque for 2020. With 54 murders thus far for 2020, the city is on track to match or exceed the all-time record of 80 homicides in one year or come very close to it by the end of the year.

https://www.krqe.com/news/albuquerque-metro/detectives-investigating-overnight-homicide-in-ne-albuquerque/

HOMICIDES

The city’s homicide rates have continued to spike during Mayor Tim Keller’s term in office. 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 80 homicides. Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was 72, in 2017 under Mayor RJ Berry. Another high mark was in 1996, when the city had 70 homicides.

https://www.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/

VIOLENT CRIME

The city’s violent crime rates continue to increase during Keller’s term. In 2017, during Mayor RJ Berry’s last full year in office, there were 7,686. There were 4,213 Aggravated Assaults and 470 Non-Fatal Shootings. In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes There were 3,885 Aggravated Assaults and 491 Non-Fatal Shootings.

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.

https://www.petedinelli.com/2020/08/18/two-police-shootings-within-5-hours-3-homicides-within-24-hours-city-again-on-track-to-breaking-homicide-record/

OPERATION LEGEND DISCUSSED

It was on Wednesday, July 21, 2020 President Donald Trump and Attorney General William Barr announced during a White House news conference that 35 federal agents were being sent to Albuquerque as part of “Operation Legend” The murder of Jacqueline Vigil, who was shot and killed allegedly by a gang member in her driveway was highlighted during the July 21 Presidential Press conference. Sam Vigil, Jacqueline’s husband, spoke emotionally and recounted during the press conference the day his wife was killed.

The city was offered financial help to combat crime if it participated in Operation Legend. Mayor Keller had the city decline the help because he did not believe Operation Legend was in line with the “values” of the city. In a statement reacting to Operation Legend announcement by President Trump, Mayor Tim Keller said Trump was ready to incite violence in Democratic cities and is forming a reelection strategy “built on gaslighting immigrants and people of color ” and said:

“We always welcome partnerships in constitutional crime fighting that are in step with our community, but we won’t sell out our city for a bait and switch excuse to send secret police to Albuquerque. Operation Legend is not real crime fighting; it’s politics standing in the way of police work and makes us less safe. … There’s no place for Trump’s secret police in our city. … If this was more than a stunt, these politicians would support constitutional crime-fighting efforts that work for our community, not turning Albuquerque into a federal police state.”

https://www.dailylobo.com/article/2020/07/update-trump-announces-operation-legend-is-being-expanded-to-albuquerque

During the August 18 press conference, Mayor Keller said he was not aware of any federal agent doing anything out of line with the city’s values and said:

“The federal government can do what they want to do and not tell the mayor about it. … So, I’m just saying I have not heard anything, but that’s all I can speak to. I can’t speak for those organizations.”

Keller said he is willing to work with federal agencies if he has something in writing that states that their objective aligns with the city’s values.

https://www.kob.com/albuquerque-news/keller-discusses-wide-range-of-topics-connected-to-crime-in-albuquerque/5831954/?cat=500

ARRESTS IN JACQUELINE VIGIL CASE

On August 19, it was revealed that the FBI and the Department of Justice had made 4 arrests in the murder of Jacqueline Vigil and that the prime suspect was Luis Talamantes. He has been charged with being in the United States illegally and is facing up to 5 years in federal prison for illegal entry and federal prosecutors are asking to enhance his sentence by another 20 years for the murder. The Bernalillo County District Attorneys office intends to charge Talamantes with the murder once it receives the completed case from APD.

Mayor Tim Keller released the following statements reacting to the arrest, custody and prosecution of Luis Talamantes.

“This senseless murder shook Albuquerque because we all felt the loss of Jacqueline Vigil. We vowed to bring the killer to justice and to continue the fight against violent criminals in our city. For many months we have been aware that we were making real progress on the case but couldn’t comment publicly, or push back on a lot of myths being said about our police department. We are fortunate that APD has been doing the hard work over the last nine months to identify a suspect and ensure he was locked up and not able to commit additional crimes while they investigated the murder. We are all calling again on the prosecutors to move this case forward swiftly so the killer is brought to justice for the harm he has caused to our community.”

THE POLICE UNION SURVEY

On July 23, the Albuquerque Police Officers’ Association (APOA) released the results of its annual “State of Policing Survey”. The police union has been doing the survey of its membership only since 2015. This year was the first time the union ever asked rank-and-file officers if they feel supported by the mayor.

The highlights of the survey released are as follows:

80% of APD officers who responded have considered a new line of work in the past couple of months and of those 84% said it was due to the “current view on policing, the increased scrutiny on officers, new reform efforts and job insecurity.”

62% of sworn police officers do not feel they are being supported by Police Chief Michael Geier.

96% of sworn police do not feel supported by the City Council.

83% of sworn police do not feel supported by Mayor Tim Keller.

68% of officers said it was “unlikely or very unlikely” that they would recommend police work as a career choice to others.

88% of sworn police are concerned about losing “qualified immunity”.

EDITORS NOTE: Qualified Immunity” is where sworn police officers are not personally held liable for anyone they injure or killed on the job. Under “qualified immunity” the city assumes full responsibility for any and all conduct, intentional or negligent, by sworn police.

A NEW TWIST TO THE UNION SURVEY

The Police Union this year added a new twist to its survey. The survey added 405 community members asking their outlooks on local policing, crime and public safety.

The survey of community members revealed the following:

67% believed crime was getting worse.

83% wanted more officers to make the street safer.

11% believed “not enough officers” was a contributing factor to crime in Albuquerque.

https://www.petedinelli.com/2020/07/24/apd-union-releases-annual-push-poll-survey-mayor-tim-keller-has-been-had-by-police-union/

During the August 18 press conference, Mayor Keller reacted to the APOA survey that said 83% officers did not feel supported Keller, and that 80% would consider getting into a different line of work. Keller said:

“I think that survey has been pretty much the same for the last 10 years. It has said that about anyone in any position. And so, I always want to see better numbers. But, I think we got to push forward. The concept that we both believe in together, is can we make this safer city and how can we make it a better department.

And actually the union and myself, we agree on the goals. And so, the long-standing, decade-long challenges we’ve had – it’s going to be a long way to dig out. I will say this, they got the largest raise they’ve had in a decade under my administration and my direction. And we’ve had more officers than we’ve had for at least the last five or six years, then we’ve ever had. So I think our administration, at least on a relative basis is doing, much, much better.”

The annual union survey has only been around 5 years and not the 10 years as Keller stated.

2019 VIOLENT CRIME REDUCTION PROGRAMS

In 2019, Mayor Tim Keller reacting to the spiking crime rates announced 4 plans in 9 months to deal with and bring down the city’s high violent crime rates . Those APD programs are:

THE SHIELD UNIT

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office. The unit originally consisted of 3 para legals. It was announced that it is was expanded to 12 under the 2019-2020 city budget that took effect July 1, 2019.

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

DECLARING VIOLENT CRIME “PUBLIC HEALTH” ISSUE

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque. Mayor Keller and APD argue that gun violence is a “public health issue” because gun violence incidents have lasting adverse effects on children and others in the community that leads to further problems.

APD is tracking violent crime relying on the same methods used to track auto thefts, weekly reports summarizing shootings, refining policies, and learning from best practices used by other law enforcement agencies. One goal is for APD to examine how guns are driving other crimes, such as domestic violence and drug addiction.

“VIOLENCE INTERVENTION PLAN” (VIP PROGRAM)

On November 22, Mayor Tim Keller announced what he called a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP). The VIP initiative was in response to the city’s recent murders resulting in the city tying the all-time record of homicides at 72 in one year. Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime.

The 4 major components of the VIP program are:

LAW ENFORCEMENT: APD was “restructured” to create a first-of-its-kind “Violence Intervention Division” with its own Commander. The division is designed to make cross-functional partnership as productive as possible.

PROSECUTION PARTNERS: Prosecutors from all systems including the Attorney General, District Attorney, US Attorney and Office of Superintendent of Insurance will collaborate to share information and make sure cases are going to the appropriate teams and courts.

SOCIAL SERVICES: The City has always funded social services aimed at violence reduction. However, for the first time Family and Community Services is specifically working with the community to identify the most effective evidence-based violence reduction strategies, and requiring providers to work together in the Violence Intervention Program.

COMMUNITY PARTNERS: The City will reach out to community partners, including the Bernalillo County Community Health Council, that are dealing with the causes and effects of violent crime to work together on this program.

METRO 15 OPERATION

On Tuesday, November 26, Mayor Tim Keller held a press conference to announce a 4th program within 9 months to deal with the city’s violent crime and murder rates. At the time of the press conference, the city’s homicide count was at 72, matching the city’s record in 2017. Before 2017, the last time the City had the highest number of homicides in one year was in 1996 with 70 murders that year.

Keller dubbed the new program “Metro 15 Operation” and is part of the Violence Intervention Program (VIP) program Keller announced the week before. According to Keller and Geier the new program will target the top 15 most violent offenders in Albuquerque. In other words, it’s the city’s version of the FBI’s 10 most wanted list. According to Keller, the top 15 will be identified by the Bernalillo County District Attorney’s Office. Once a violent offender is caught, another violent offender will be added to the list.

https://www.abqjournal.com/1394576/city-launches-violence-intervention-program.html

https://www.kob.com/albuquerque-news/mayor-keller-touts-new-plan-to-tackle-violent-crime/5561150/?cat=500

NEW PUBLIC SAFETY DEPARTMENT

During the August 16 press conference, Mayor Keller was asked no questions about the new Public Safety Department is seeking to create.

On June 15, Mayor Tim Keller announced plans to create a new Public Safety Department that will be is 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 new department will have 32 people for each its 6 area commands, or a total of 192 employees at a minimum, ostensibly working 3 separate 8 hour shifts to be able to respond 24 hours a day, 7 days a week as proposed, with none to have law enforcement powers of arrest and no training as paramedics like firefighters. The projected personnel cost for the 192 employees will be upwards of $11 Million a year.

The Albuquerque Community Safety Department as envisioned will have social workers, housing and homelessness specialists and violence prevention and diversion program experts. They will be dispatched to homelessness and “down-and-out” calls as well as behavioral health crisis calls for service to APD. The new department 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.

COMMENTARY AND ANALYSIS

It is very difficult to keep a straight face when Mayor Keller said “This is about trying to get these people not to shoot each other. … This is about understanding who they are and why they are engaged in violent crime. …” when he was describing the “Violence Intervention and Rapid Accountability Diversion Programs.” It came across as if Mayor Keller’s program is a coffee klatsch where his group of professionals will be siting down to have coffee with violent criminals to discuss their propensity to murder and to stop them from committing another violent crime. If Keller’s new program in fact accomplishes this, he deserves to be awarded the Noble Peace Prize, but no one should hold their breath. Violent crime is usually the product of sudden heightened angry emotions or drug influenced and it intentional acts of crime.

It is the city’s homicide rate and violent crime rates he promised to bring down when he ran in 2017 that is very problematic for Keller. Those rates merit repeating:

HOMICIDE RATES:

The city’s homicide rates have continued to spike during Mayor Tim Keller’s term in office. 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 72, in 2017 under Mayor RJ Berry. Another high mark was in 1996, when the city had 70 homicides.

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/

VIOLENT CRIME RATES:

The city’s violent crime rates continue to increase during Keller’s term. In 2017, during Mayor RJ Berry’s last full year in office, there were 7,686. There were 4,213 Aggravated Assaults and 470 Non-Fatal Shootings. In 2018 during Mayor Keller’ first full year in office, there were 6,789 violent crimes There were 3,885 Aggravated Assaults and 491 Non-Fatal Shootings.

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.

ALL THOSE PROGRAMS

During his August 18 press conference, Mayor Keller gave no update on all the programs he announced in 2019 to reduce violent crime. Based on the statistics for homicide, clearance rates and violent crime rates, those programs have had very little or no effect on bringing down violent crime.

Keller did say other cities with the same initiative as the VIP program that use social workers instead of first responders, have seen violent crime reduce by 10%-30%. Keller said he expects to see results in 9-18 months, which is precisely the time Keller will be running for re-election.

Voters will no doubt decide if Mayor Tim Keller has in fact failed to deliver on his campaign promises to reduce high crime rates. Voters will be deciding if Keller deserves another 4 years. If violent crime is not reduced by 10% to 30%, Keller’s re election bid in all likely will be very difficult at best.

https://www.kob.com/albuquerque-news/keller-discusses-wide-range-of-topics-connected-to-crime-in-albuquerque/5831954/?cat=500

OPERATION LEGEND

Keller’s remark that “Operation Legend” is “not in line with the values of the city” is troubling at best as to what he actually means by it. The purpose and value of law enforcement is to keep people safe and arrest and prosecute violent criminals. The August 19 statements issued by Mayor Tim Keller regarding the FBI actions against Luis Talamantes can only be described as resentment or embarrassment of not being able to do what the feds did for the city: arrest a violent felon.

The Talamante investigation and arrest makes it clear that “Operation Legend” is not a “bait and switch excuse to send secret police to Albuquerque” as Mayor Keller asserted. “Operartion Legend” is indeed “real crime” fighting program. Instead of thanking the FBI and the United State Attorney’s Office in the immigration case, Keller was far more interested in making sure APD got all the credit for the work they performed. It would have been just as easy to thank the feds and said APD was delighted to have helped and outline what APD did to help. Instead, the statements came across as petty for not being able to take credit for making arrests in the case.

ANOTHER APD UNION ENDORSEMENT IN DOUBT

It was on September 28, 2017 that the Albuquerque Police Union endorsed Tim Keller for Mayor. Keller actively sought the endorsement no doubt wanting the vote of rank and file police officers and to be able to say APD had his back and he their back and he would take care of APD rank and file once elected.

Now that the police union survey that says 83% of sworn police do not feel they are supported by Mayor Tim Keller, and 62% of sworn police officers do not feel they are being supported by Keller’s appointed Police Chief Michael Geier, you got to wonder how anxious he will be to seek the union endorsement as he seeks a second term in 2021 and what concessions the union will want from him. At this point, given the union poll, its is not likely that the Police Union will again endorse Keller.

A link to a related blog article on the Police Union Survey is here:

https://www.petedinelli.com/2020/07/24/apd-union-releases-annual-push-poll-survey-mayor-tim-keller-has-been-had-by-police-union/

CONCLUSION

As has been the case in the last 3 elections for Mayor, in 2021 crime rates will likely be the biggest determining issue in the race. Voters will be deciding if Keller deserves another 4 years with Mayor Keller no doubt using the Covid 19 epidemic as an excuse for his need for another 4 years to finish what he started.

Voters are very fickle and unforgiving when politicians make promises they do not or cannot keep. The voter survey found 73% of residents surveyed said they felt that crime has had “a negative or very negative impact” on business in Albuquerque, 67% of ABQ residents think crime is getting worse, 66% surveyed say crime has had a negative impact on their quality of life. With those percentages, it is an sure bet that no amount of data collection, public relations or nuance programs are going to turn public perception around any time soon.

Unless Coffee Klatsch Keller does far more to bring down the city’s violent crime rates, he might as well schedule a coffee klatsch with his campaign staff the day after next years election to discuss his loss.

On Friday, January 10, the City of Albuquerque filed a Motion to have certain portions of the federal Court Approved Settlement Agreement (CASA) suspended and placed into “sustained compliance” and “suspend monitoring” of those requirements by the Federal Court approved monitor. The city’s Motion highlights the progress made by the Albuquerque Police Department (APD) in implementing the court mandated reforms under the CASA.

It was on November 16, 2014, that the City and the Department of Justice (DOJ) entered into the Court Approved Settlement Agreement (CASA). The agreement contains 276 requirements for reforming the police department. The settlement required the appointment of a Federal Court Monitor to perform audits on the progress of the all reform. Thus far, 11 federal monitor reports have been filed. The link to the CASA is here:

https://www.cabq.gov/mental-health-response-advisory-committee/documents/court-approved-settlement-agreement-final.pdf

According to the Motion, the Albuquerque Police Officer’s Association, the sole intervenor in the case, agreed with the relief being sought by the City in the original motion to suspend filed. The court appointed federal monitor took no position on the City’s motion. In the city’s motion, the city was seeking that APD self-assess upwards of 25% of the 276 settlement agreement requirements.

The requirements that would be self-monitored would be the operation of a Mental Health Response Advisory Committee, field officer recruitment and training, and management of the department’s Special Operations Division. The DOJ and the monitoring team have been working with the City and APD on a “self-assessment” plan. The plan was to determine to what extent APD has in fact come into compliance with all the reforms and the extent of the need for further monitoring. In March, a 51-page self-assessment plan was filed with the Federal Court for approval.

MOTION TO WITHDRAW

On Friday, August 21, the City Attorney’s Office filed a “Motion to Withdraw” its “Motion to Suspend” certain portions of the settlement and allow for self-assessment and monitoring. Since the filing of the motion, hearings on the motion and the plan for self-assessment have been repeatedly scheduled only to be continued because of the pandemic. As grounds for withdrawal, the City Attorney is now citing the ongoing impact of the COVID-19 public health crisis and pandemic’s lockdown orders.

According to Albuquerque Police Department spokesman Gilbert Gallegos, the decision to put off consideration of the plan indefinitely was made in consultation with the other parties in the case. The U.S. Attorney’s Office, the APD Police Union, the Federal Monitor and all the others stakeholders in the case do not oppose the Motion to Withdraw. An agreed order sign by the parties and the Federal Judge granting the request will be filed. APD will continue to work on the plan for self-assessment and will revisit the issue once things have settled down with the pandemic. APD spokesman Gallegos had this to say in a statement:

“APD was forced to devote additional time and resources over the past six months to deal with the impacts of COVID-19, while also ensuring public safety during 35 protests in the city. … APD will need to continue to devote time and resources to the COVID-19 impact for at least the next few months. In addition, we want to continue to get input from the amici groups on these plans.”

The agreement, signed in 2014, lays out 276 requirements for reforming the police department, ranging from when and how officers should use force, how the use of force should be reported and how it should be investigated, to how special units such as SWAT or Crisis Intervention Teams should operate.

https://www.abqjournal.com/1490089/city-halts-efforts-to-seek-release-from-parts-of-doj-agreement.html

DOJ INVESTIGATION

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). 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

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 did not ensure that officers encountering people with mental illness failed o to ensure rights were respected and police did not act in a manner that was safe for all involve.

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.

APD REQUIRED STAFFING FOR DOJ CONSENT DECREE

It is the APD Compliance Bureau that is primarily responsible for enforcing the mandates under the CASA. The Compliance Bureaus consists of the Internal Affairs Professional Standards Division, Policy and Procedure Division, Accountability and Oversight Division, Internal Affairs Force Division and the Behavioral Health and Crisis Intervention Section and includes funding for training provided by the APD Academy for constitutional policing practices.

The 2020 -2021 City Council approved budget has a line item funding of $34,042,000 for APD Professional Accountability. This funding is essentially funding for the Compliance Bureau and the 5 divisions it consists of and includes APD Academy training associated with the Department of Justice Consent Decree reforms and enforcement. According to the 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, 10 Sergeants.

One of the major concentrations of the Compliance Bureau is the ongoing cooperation with the Department of Justice (DOJ) consent decree (CASA) and its implementation of its terms and conditions. Internal Affairs deals with investigation police misconduct cases. Crisis Intervention deals with the crisis intervention teams who deal with the mentally ill. Policy and Procedures deals with the review and writing of standard operating procedures.

The city currently employees one Assistant City Attorney who is the former United State Attorney for New Mexico paying $150,000 and one retired Federal Magistrate billed and paid for on contract to review and write APD Policy.

COMPLETED MANDATED REFORMS

On November 16 , 2020, it will be a full 6 years that has expired since the city entered into the CASA with the DOJ. It was originally agreed that the settlement implementation would be completed within 4 years, but the previous Republican Administration engaged in delay and obstruction tactics found by the Federal Monitor. Now after almost 6 full years the following mandated reforms under the CASA have been completed:

1. After a full year of negotiations, new “use of force” and “use of deadly force” policies have been written, implemented and all APD sworn have received training on the policies.

2. All sworn police officers have received crisis management intervention training.

3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.

4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.

5. Sweeping changes ranging from APD’s SWAT team protocols, to banning choke-holds, to auditing the use of every Taser carried by officers and re-writing and implementation of new use of force and deadly force policies have been completed.

6. “Constitutional policing” practices and methods, and mandatory crisis intervention techniques an de-escalation tactics with the mentally ill have been implemented at the APD police academy with all sworn police having received training.

7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.

8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.

9. The Repeat Offenders Project, known as ROP, has been abolished.

10. Civilian Police Oversight Agency has been created, funded, fully staffed and a director hired.

11. The Community Policing Counsels (CPCs) have been created in all area commands and the CPCs meet monthly.

12. The Mental Health Advisory Committee has been implemented.

13. The CASA identified that APD was understaffed. The City and APD are in the process of spending $88 million dollars, over a four-year period, with 32 million dollars of recurring expenditures, to hire 322 sworn officers and grow the department to 1,200 officers. As of January 1, 2020, APD has 949 full time police officers, up from 878 sworn police. The expansion thus far is attributed primarily to hiring from other departments and returning to work APD retirees.

14. In November, 2018 APD achieved 99.6% compliance with primary tasks, 75.4% secondary compliance and 59.5% operational compliance with APD making significant progress in overall compliance.

15. According to the Use of Force Report for the years 2017 and 2018, APD’s “use of force” and “deadly force” is down dramatically , which was one of the primary objectives of the CASA reforms.

COMMENTARY AND ANALYSIS

It is disappointing that the city decided to withdraw the “Motion to Suspend” portions of the Court Approved Settlement Agreement (CASA). The city arguments are very weak at best that “APD was forced to devote additional time and resources over the past six months to deal with the impacts of COVID-19 …” and that APD needs to “continue to devote time and resources to the COVID-19 impact for at least the next few months.” The truth is 61 fully funded APD positions are devoted to the DOJ reform process, positions that are not likely being used at all to deal with the pandemic.

After review of the city’s motion, the DOJ investigation report, the 276 CASA mandates, the 11 Independent Monitors Reports and the reforms implemented, a major conclusion that can be reached is the spirit and intent of the CASA has been attained. The motion was viewed by many as a precursor to dismissal of the entire case sooner rather than later.

The biggest complaint of all the DOJ consent decrees in the country is implementation and enforcement “go on and on” for years, costing millions in taxpayer dollars. With expected, continued implementation of the DOJ reforms a 95% to 100% compliance with all the CASA primary, secondary and operational compliance goals should be achievable within 12 months, if not much sooner.

The role of the federal monitor should be reduced, as was being requested in the original motion, as well as the continued costs of the monitoring team reduced. The city should commence negotiations immediately with the DOJ for a stipulated “Order of Complete Compliance and Dismissal” of the CASA, and all causes of action the DOJ has against the city and APD. Otherwise, the city and taxpayers will be sucked into “year after year” of expenses and costs associated with a consent decree whose primary objective has been achieved and whose federal monitor wants another $4 million to audit progress.

Sooner rather than later there must come a time when APD needs to be dismissed from the case. APD needs to be able to do its job without the Department of Justice (DOJ) constantly monitoring and looking over its shoulder. City Hall, the Mayor and the City Council need to be forced do their jobs along with the Police Oversight Commission of civilian oversight and holding APD accountable for constitutional policing practices.

The documents related to APD’s settlement agreement include:

The Settlement Agreement between City and the DOJ
APD Progress Reports
Independent Monitor’s Reports
Compliance Reports
Use of Force Annual Reports
Use of Force Reports
Studies
Audits

The link to review and download the documents is here:

https://www.cabq.gov/police/documents-related-to-apds-settlement-agreement

For a related blog article see:

City Moves To Be Released From Portions Of DOJ Consent Decree And Monitoring; Commentary: Intent And Purpose Of CASA Accomplished, Dismiss Case

On Monday, August 31, Mayor Tim Keller and his Chief Financial Officer Sanjay Bhakta, held a press conference to discuss the city’s financial condition, the city’s tax revenues and the impending release of the finalized 2020-2021 fiscal year budget to the City Council for hearing and final approval. Keller reported that the decrease in tax revenue has led to an estimated $27 million shortfall in Albuquerque for the current fiscal year, but by preserving this year’s budget, the city was able to avoid furloughs.

What was also was instrumental in avoiding furloughs and layoffs among the city’s roughly 6,000-person workforce was the city receiving $150 million in restricted federal coronavirus relief funding through the Coronavirus Aid, Relief, and Economic Security Act (CARES). Originally, the CARES Act funding was only to be used for pandemic related efforts, but it was amended to allow it to be used and applied to other city expenditures.

City officials reported that for the fiscal year 2020 gross receipts tax revenue finished 5% behind expectations. Another 5% drop in gross receipts tax revenue is projected for 2021. The drop in revenues resulted in a hiring freeze. According to Keller, the hiring freeze translates into meaning fewer people performing code inspections, driving buses and maintaining parks.

For the 2020 fiscal year that ended June 30, the city’s gross receipts tax revenue (GRT) was approximately $19.9 million short of projections, but the GRT still surpassed 2019 GRT because of a new Internet sales tax stream. City officials expect that GRT revenues will continue to dwindle in fiscal year 2021, which began July 1.

Mayor Keller offered the following summation:

“We have our economic challenges, there’s no doubt about that, but our city on a relative basis is actually not doing as bad as we thought. … [W]e tried to first cut costs then we tried to identify savings by banning travel, by examining department budgets for costs savings, restrictions on new hires; we have a broad hiring freeze that’s had a lot of exceptions we’ve had in place now for I think six months. …

But by and large, any major initiative, we expect government to continue on as it normally would with just minor delays in some services. … The job recovery region, Albuquerque and Bernalillo County, is in much better shape. … We should be back to the normal level sometime in 2024.

Keller did acknowledge that it might get worse if local businesses don’t start rebounding, but believes the city’s finances will be fine for at least 6 months assuming the economy gets better. If the economy does not get better, Keller said:

“We are always considering what we need to do and that could include layoffs. That could include wage cuts. That could include furloughs.”

Links to related news coverage are here:

https://www.kob.com/albuquerque-news/city-of-albuquerque-faces-budget-shortfall-but-mayor-says-it-could-be-worse/5846715/?cat=500

https://www.koat.com/article/expect-taller-grass-trash-and-longer-bus-waits/33854871

https://www.abqjournal.com/1492125/keller-citys-economic-position-better-than-most.html

CITY FINANCES IN A NUTSHELL

City finances have been totally upended as a result of the corona virus pandemic and its impact on the city economy and in turn city gross receipts tax returns have dramatically declined. On March 16, 2020, the New Mexico Department of Finance, Local Government Division, issued Memorandum authorizing the New Mexico municipalities to submit their last year’s fiscal budget for 2019-2020 budget as their fiscal budget for year 2020-2021 until reliable tax revenue projections can be determined. That is exactly what the Albuquerque City Council did when it enacted what they considered a “stop gap” budget.

The Charter of the City of Albuquerque requires the Mayor to formulate the annual operating budget for the City of Albuquerque and all of its departments. It is the City’s Department of Finance under the direction of the City’s Chief Financial Officer (CFO) that formulates the yearly budget which is then submitted to the Albuquerque City Council. The city’s fiscal year’s budget begins every year on July 1 and ends every year on June 30. The annual city budget must be submitted by the Mayor’s Office to the City Council by April 1. The City Council, upon receipt of the proposed budget from the Mayor, schedules budget hearings, takes public input and makes changes as it sees fit before enacting the final budget to be effective July 1.

The current gross receipt tax added to virtually all retail sales of goods and services is 7.7850%. Businesses collect the tax on each sale made and the money is then sent to the New Mexico Taxation and Revenue Department and each month the state the distributes the city’s portion of tax collected to the city. Retail businesses make up about 25% of all the city’s gross receipts tax collected. The gross receipts tax revenue pays for basic municipal operations and essential services such as police protection, fire protection, solid waste collection, street repairs, animal welfare, parks maintenance, social services and the wages and benefits to over 6,000 city employees.

Gross receipts tax is collected and given to the city accounts for 67% of the City’s general fund revenue. The gross receipts tax revenue pays for basic municipal operations and essential services such as police protection, fire protection, solid waste collection, street repairs, animal welfare, parks maintenance, social services and the wages and benefits of over 6,000 city employees. For the current fiscal year that ended on July 31, 2020, the city averaged upwards of $41 million in gross receipts tax revenue or $492 million dollars for the year. The remaining 33% of revenues needed to operate the city are generated other fees, other tax revenues and federal funding

2020-2021 OPERATING BUDGET ENACTED

On April 13, 2020, on a unanimous vote of 9-0, the Albuquerque City Council enacted R-20-31 which is the city’s operating budget for fiscal year 2020-2021. The approach to enact the 2020-2021 city budget was a dramatic departure from all previous years all because of the pandemic and falling gross receipts tax revenues.

The City Council’s operating budget, R-20-31, enacted is a “bare bones budget” resolution consisting of only 7 pages of line item appropriations for each of the city departments. There is no explanation or elaboration on the actual use of the millions appropriated in the budget. No public hearings were conducted that would have allowed comment and input from the public. The 2020-2021 operating budget went into effect on July 1, 2020 and ends June 31, 2021. The City Council ostensibly will follow the normal process with the Keller Administration submit a “performance based” budget and conduct public hearings.

The link to the enacted budget, resolution R-30-21 is here. Click on the link then click on R-31 spelled out in blue and marked FINAL:

https://cabq.legistar.com/LegislationDetail.aspx?ID=4411998&GUID=3FD662EF-A96A-4BD6-8113-380B7451BADC

BREAKING A CAMPAIGN PROMISE

In May, 2018, 5 months after he assumed office, Mayor Tim Keller signed into law a gross receipt sales tax increase enacted by the City Council. Seventy percent of the tax was dedicated to public safety. The tax was supposed to raise $55 million a year in revenue. Keller broke a campaign promise not to raise taxes, even for public safety, without a public vote. The rational for the tax increase was that the city was faced with a $40 million dollar deficit. The deficit never materialized and the tax increase was not repealed, and the Keller Administration has never disclosed where those revenues went or why the tax was not repealed when the deficit never materialized.

The City of Albuquerque had an operating budget of $1.1 billion for the fiscal year that began July 1, 2019 and ends on June 30, 2020. It was the first time in city history that the city operating budget exceed the $1 Billion figure. The 2019-2020 budget represented an overall 11% increase in spending over the previous year.

HISTORY REPEATING ITSELF

City Hall history is repeating itself. It was 10 years ago in 2010 that the city had to make significant cuts in order to deal with the “great recession”. Then Republican Mayor Richard J. Berry had a $69 million shortfall and he decided unilaterally to cut city employee pay by 3%, disregard negotiated union contract pay increases with the city’s unions, place a freeze on all hiring and reduced and slashed city services not considered essential such as the 311-call center. The number of APD sworn officers went from 1,100 in 2010 all the way down to 875 under Mayor Berry and community based policing was abandoned and existed in name only.

For the full 8 years under the former Republican Mayor Administration, the city was hit hard because of the great recession to the extent that essential services were dramatically cut and city and government was dramatically downsized. The cuts and downsizing were done in order to avoid any all tax increases to maintain Mayor Berry’s Republican philosophy that all tax increases are bad, even when needed for essential services, and that city government was too big and needed to be downsized.

COMMENTARY AND ANALYSIS

Just as the city was pulling out of the 10-year great recession, the city gets hit and get hit hard in the gut with the corona virus pandemic resulting in business closures, layoffs and a dramatic decrease in gross receipts tax revenues that funds 67% of the city’s operating budget. The city is now facing a major financial crisis.

It will not be fully known for at least another 6 months to what extent the corona virus has depleted the city’s coffers. If the City in fact plunges into another recession, which is highly likely, it will be much deeper than the 10-year great recession that started in 2008. Many businesses along central already barely making it because of the ART project will probably close permanently because of the Governor and Mayor’s emergency health orders.

DIFFICULT DECISIONS AHEAD

Mayor Tim Keller and the Albuquerque City Council will likely have to embark on a very painful but absolutely necessary reduction in government services and expenditures to deal with the major deficit caused by a dramatic reduction in gross receipts tax revenues. The City’s loss of gross receipts tax revenues obviously was brought on by the corona virus shutdown of businesses and resulting loss of gross receipts tax revenues, but Mayor Keller pinning his hopes on a quick rebound is not realistic.

The City is mandated by law to have a balanced‐budget. According to Mayor Keller, city financing should be fine over the next six months. But if things do not improve quickly by June, 2021, the city will be faced with any number of options or a combination thereof including:

1. Slashing department budgets across the board by a mandatory percentage to “spread the pain”.
2. Eliminate entire none essential city service departments, city divisions or units.
3. Reduce city services in some form.
4. Closure of city facilities such as libraries, senior citizen centers, golf courses and recreational activities and cancellation of major public events such as Summerfest.
5. Continue to freeze all hiring over the next year.
6. Layoffs or furloughs of government workers and elimination and funding of city positions.
7. Delay for a time all city construction projects that will result in need to hire more city staff.
8. Suspend all salary increases or implement salary deductions to the 6,000 city employees.
9. Postpone growing the police and fire department ranks and concentrate on police and fire academy classes for the sole purpose of keeping up with retirements and maintaining the existing number of the ranks before retirements
10. Increase gross receipts tax.
11. Increase property taxes.
12. Increase admission fees to museums, the Zoo and Botanical Gardens and Aquarium, golf fees.
13. A combination of all cost cutting and revenue increase options.

Mayor Tim Keller will start to look and sound more and more like his former Republican predecessor when he starts to say “cut city services and reduce the size of government” to get through the financial crisis caused by the pandemic. One thing is for certain is that if Mayor Tim Keller advocates another gross receipt tax increase, or goes along with the city council with it, or supports a property tax increase, Keller will wind up becoming a one term Mayor.

CONCLUSION

Before Mayor Keller downplays delaying not getting the parks mowed, he may want to pick up the phone and call former Mayor David Rusk on the importance of such things. Rusk served as Mayor from 1977 to 1981 and became a former, one term Mayor, when his popularity plummeted. Voters became very upset and when they felt Rusk did not act quickly in cutting down wild weeds growing throughout the city after a heavy monsoon season. The weeds were not cut down because of cost savings.

Then again, cutting weeds and grass will be the least of Mayor Tim Keller’s concerns as he is dealing with the cities violent crime and murder rates.

On Wednesday, July 21, President Donald Trump and Attorney General William Barr announced during a White House news conference that 35 federal agents were being sent to Albuquerque as part of the expansion of “Operation Legend”. Six other cities with high violent crime rates were also sent federal agents.

During the press announcement, President Trump said there has been a “shocking explosion” of “heinous crimes” in where their leadership wants to “defund, defame or abolish” police departments. Trump severely criticized city leaders headed by Democrats throughout the country for not doing enough to combat crime and for putting the “interests of criminals” above law-abiding citizens. Trump said:

“Under Operation Legend, we will also soon send federal law enforcement to other cities that need help. … Other cities need help. They need it badly. They should call. They should want it. They’re too proud or they’re too political to do that. One of them is Albuquerque, New Mexico.”

https://www.krqe.com/news/albuquerque-metro/pres-trump-35-agents-coming-to-albuquerque-for-operation-legend/

MAYOR KELLER AND CHIEF GEIER OVER REACT TO OPERATION LEGEND

In response to Trumps announcement of Operation Legend, Mayor Tim Keller and APD Chief Michael Geier issued the following press releases:

Albuquerque Mayor Tim Keller statement:

Our hearts are with … every family who has been victim to gun violence–a decade-old problem that remains our top priority. Unfortunately, look at the President’s own words: he’s ready to incite violence in Democratic cities as a re-election strategy built on gaslighting immigrants and people of color. We always welcome partnerships in constitutional crime fighting that are in step with our community, but we won’t sell out our city for a bait and switch excuse to send secret police to Albuquerque. Operation Legend is not real crime-fighting; it’s politics standing in the way of police work and makes us less safe.

APD Chief Michael Geier statement:

“Contrary to claims by politicians in Washington. D.C., Albuquerque has been keeping overall violent crime flat and has reduced homicides thus far this year. We have made reducing gun violence a top priority and have worked with our community to make the city safer. While we welcome any assistance and additional resources to address violent crime, the President promised help in the past and has not yet followed through. We are still waiting on the $10 million Operation Relentless Pursuit funding that was promised last year to help us with our goal to hire more officers and to bring in additional federal law enforcement agents to assist us in our crime fighting efforts. While I will try to remain optimistic, I won’t hold my breath until we see all this actually come to fruition.”

NEW MEXICO U.S. ATTORNEY JOHN ANDERSON REACTS

U.S. Attorney for New Mexico John Anderson reacted to the Keller and Geier statements and said the goal of Operation Legend is to reduce gun violence in Albuquerque and said:

“Any effort to compare Operation Legend to what’s going on in Portland is baseless and misguided. … There is no connection between those two. The federal law enforcement resources that are being deployed are directed at reducing gun violence; they are not directed at arresting or controlling protesters; they are not being directed at restricting anyone’s right to protest. … They are not being directed at immigration enforcement, and they are not being directed at protecting statues. It’s limited to the exclusive goal of eliminating the scourge of gun violence.”

Scott Howell, a spokesman for the U.S. Attorney’s Office had this to say about Operation Legend:

“We evaluate cases for Operation Legend on a case-by case basis. … We look at a defendant’s actions and criminal history in making the decision to include the case as part of Operation Legend.”

https://www.abqjournal.com/1481226/operation-legend-prosecution-underway-in-albuquerque.html

SUCCESS OF OPERATION LEGEND REPORTED

On August 28, U.S. Attorney for New Mexico John Anderson reported that in a little over a month since federal agents arrived in Albuquerque as part of Operation Legend, 19 violent felons have been arrested on federal charges. According to Anderson, it is just a small number of people driving the majority of violent crime in Albuquerque, and their goal is to get those people off the streets. The Department of Justice (DOJ), including the FBI and Drug Enforcement Administration, is targeting people with lengthy and violent criminal histories and convicted felons accused of crimes like carjacking, illegally shooting guns and drug dealing.

U.S. Attorney for New Mexico John Anderson had this to say:

“Operation Legend is about combating dangerous crime and gun crime in our cities. … It’s not about policing any kind of protest in our city. It’s not about immigration enforcement. … We are really looking at the people who are driving the violent crime epidemic in Albuquerque. … We are looking to remove the most violent folks from communities, not simply rack up arrest numbers of people who do not have serious criminal histories. … There are more cases on which prosecution has been initiated, but I can’t say more about them because they are under [court] seal. … More than anything, I hope to see reduction in violent crime and people feeling safer living and working in the city.”

According to Anderson, the 35 federal agents assigned to Albuquerque under Operation Legend will remain until at least the end of September. At that point, they will re-evaluate violent crime rates and stay longer if needed.

19 FEDERALLY CHARGED AND 22 ARRESTS REPORTED

Anderson said at least 19 violent felons have been federally charged. The best example given by Anderson was naming Luis Talamantes-Romero as the murderer of Jacqueline Vigil, age 55. Vigil is the mother of two New Mexico State Police officers, who was murdered in her car as she tried to leave her home very early in the morning for the gym. Talamantes is identified as a member of Juaritos Maravilla, a violent street gang operating in Albuquerque.

Vigil’s slaying became Albuquerque’s highest profile unsolved homicide for 8 months until the FBI stepped in to help in July with Operation Legend. APD never made an arrest in the case, but the FBI made 5 arrests. Although Talamantes has been charged federally with illegal entry into the United State a 4th time and awaiting sentencing, Anderson made it clear that it is up to the state to file murder charges against Talamantes-Romero. Anderson did give APD credit with having done work on the case.

https://www.krqe.com/news/albuquerque-metro/19-federally-charged-in-albuquerque-under-operation-legend/

On August 30, Channel 4 and Channel 7 reported that on Saturday August 29, the Bernalillo County Sheriff’s Office as part of Operation Legend worked with the federal agents to patrol southeast Albuquerque. The law enforcement sweep resulted in 22 arrests with 14 of those arrests made for felonies. The arrests included the seizure of guns, illicit drugs and a stolen vehicle. At least two of the cases will be prosecuted by the United State Attorney’s Office. Based on the news coverage, APD did not participate in the enforcement action with only the Bernalillo County Sheriff’s Office providing uniformed law enforcement assistance to make arrests.

EDITOR’S COMMENTARY: The likely explanations for the absence of APD sworn police from the August 29 law enforcement sweep is the fact that Bernalillo County Sheriff Manny Gonzalez, even though he has over 2 years left in his second term, has made it known he will be running against Mayor Tim Keller next year for Mayor. Gonzales attended the White House press conference announcing Operation Legend and Mayor Tim Keller and Chief Geier condemned Operation Legend as “secret police”.

Links to the news coverage are here:

https://www.kob.com/albuquerque-news/operation-legend-agents-patrol-se-albuquerque-alongside-bcso/5844055/?cat=500

https://www.koat.com/article/sheriff-gives-update-on-operation-legend/33841118

TEN MILLION GRANT FUNDING

Included in Operation Legend is $10 million to the city to hire 40 police officers. The purpose of hiring the additional police officers is to help make sure crime stays down after federal agents leave. It is still not certain if the city will actually accept the funding. The grant must be approved by the city council.

The Keller Administration is taking issue with one of the requirements of the grant, which is part of the Operation Legend, that says the grant funding cannot be awarded to a City if it is a “sanctuary city”. U.S. Attorney John Anderson had this to say about the grant funding:

“My understanding was that there was concern about the immigration condition in the grant documents [and] the money is now in limbo. … In order to get that funding, the city has to sign off on the award document and officially accept the award. … At this point the city has not done that yet.”

Anderson said he believes Albuquerque is the only city of the 7 cities involved with Operation Legend that has yet to accept the grant money. Albuquerque is on pace for another record-breaking year of homicides, and Anderson believes the city can use the grant money.

On August 28, Mayor Keller responded to questions about the grant funding and said:

“I do believe it has to go to council and I think we got assurances [from the feds] that the funding wasn’t going to be anything like what we saw in Portland. … We got those [assurances] in writing and then we notified them that ‘okay let’s try to work together like we always do.”

The Albuquerque Police Department has confirmed the $10 Million Grant is going to the city council for approval, and added the grant money was discussed before the launch of Operation Legend.

https://www.kob.com/albuquerque-news/money-offered-to-albuquerque-for-operation-legend-in-limbo/5843251/

“SANCTUARY CITY” VERSUS “IMMIGRANT FRIENDLY” CITY

The award and acceptance of the $10 Million Federal grant has been politicized by those that falsely claim that Albuquerque is a “Sanctuary City”. The truth is, Albuquerque has never been a “Sanctuary City”. In 2001, the Albuquerque City Council enacted a resolution that declared Albuquerque an “immigrant friendly” city. There is a very, very big difference between a “sanctuary city” and an “immigrant friendly” city.

In 2001, to his credit, the “immigrant friendly” resolution was sponsored by then Republican City Councilor Hess Yntema whose wife is a naturalized United States citizen from Columbia. Counselor Yntema was a two term District 6 City Councilor. District 6 is Albuquerque’s Southeast Heights District encompassing the University of New Mexico, Nob Hill and the International District.

Councilor Yntema was ahead of his time in sponsoring the immigrant friendly resolution and understood the perils and difficulties of many of his constituents who lived in his district which still has the highest population of immigrants in the city. The brutal truth is, many who are in the United States without legal immigration status, and who do not engage in criminal conduct, are often preyed upon by others and do not report to the police they have been victimized to avoid deportation.

A “sanctuary city” denies cooperation with federal immigration officials and does not use city law enforcement resources to identify or apprehend illegal immigrants and does not use city law enforcement resources to enforce immigration laws.

An “immigrant friendly” city is one that implements “welcoming city” policies and does not provide for city enforcement of federal immigration laws and addresses only city services including licensing and housing and the focus is to create inclusive, immigrant friendly and welcoming policies. Albuquerque’s “immigrant friendly” designation welcomes immigrants to the city and is largely symbolic.

In February, 2017, the City Council enacted a symbolic memorial that reaffirmed that Albuquerque’s “immigrant friendly” status, but it did not make Albuquerque a “sanctuary city”. Many who are in the United States without legal immigration status and who do not engage in criminal conduct are often preyed upon by others and do not report they have been victimized to avoid deportation. As a memorial, the legislation is not law, but an expression of support to extend city services to those who are afraid to ask for help out of fear of being reported to immigration authorities for deportation.

CITY’S HOMICIDE AND CLEARANCE RATES

In 2017, during the last full year Republican Mayor RJ Berry was in office, the city had 72 murders. In 2018, during Mayor Keller’s first full year in office, there were 69 homicides. In 2019, Keller’s second full year in office, the city had an all-time record number of 82 murders. The previous record high was 72 in 2017 and before that the high mark was in 1996 when the city had 70 homicides.

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/

The FBI reports that the national homicide clearance rate is 61%. In Albuquerque, in 2020 so far it’s 57%. It is more likely than not the clearance rate will fall for 2020 as more murders occur. In 2019, APD’s clearance rate was 52.2% when the city reached 82 homicides in one year.

According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, Mayor Berry’s last year in office, 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.

As of August 22, there have been 50 homicides reported in Albuquerque for 2020. With 50 murders thus far for 2020, the city is on track to match or exceed the all-time record of 80 homicides in one year or come very close to it by the end of the year.

https://www.krqe.com/news/albuquerque-metro/detectives-investigating-overnight-homicide-in-ne-albuquerque/

KELLER APD EXPANSION PLAN

New Mexico State Auditor Tim Keller successfully campaigned to become Mayor on the platform the reduce the city’s spiking crime rates, increase the size of APD and return to community-based policing without increasing taxes unless there was a public vote and implementing the DOJ consent decree reforms.

Within 5 months of taking office on December 1, 2017, Keller signed off on a $55 million a year tax increase, with 70% dedicated to public safety, without a public vote, APD has added 116 sworn police officers to the force. APD’s goal is to spend $88 million dollars starting last year in the 2018-2019 fiscal year, over a four-year period, with 32 million dollars of recurring expenditures, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers. APD now has 972 sworn police.

Last year’s 2018-2019 fiscal year budget provided for increasing APD funding from 1,000 sworn police to 1,040. This year’s 2019-2020 fiscal year budget has funding for 1,040 sworn police. Notwithstanding all the money spent, APD is struggling to grow to the levels promised by Keller, crime is still spiking and APD is still under the DOJ consent decree.

COMMENTARY AND ANALYSIS

Albuquerque has a violent crime rate that is 3.7 times the national average per capita, and the cities aggravated assaults are 4 times the national average per capita. The FBI reports the city has the dubious distinction of having a crime rate about 194% higher than the national average.

https://www.abqjournal.com/1491404/state-city-leaders-play-politics-with-public-safety.html

APD has 980 sworn police and the BCSO has 300 sworn police, for a total of 1,280 sworn police. During the last 10 years, the city’s crime rates have been some of the highest in the country, 8 years under Republican Mayor RJ Berry and for 2 years getting even worse under Democrat Mayor Tim Keller. Keller himself is saying APD alone needs at least 200 more cops. It not likely 35 more federal agents will bring down the crime rates if the agents are only here for 3 months.

It’s worth a try but it’s not likely that 35 sworn Federal law enforcement officers assigned to Albuquerque for 3 months are going to make that much of a difference in lowering the City’s high violent crime rates and it needs to last at least one full year if it’s going to make any real impact.

FIND ALTERNATIVE USE FOR FEDERAL GRANT MONEY

There is really no problem with Albuquerque accepting the $10 Million grant money in that the city is not a sanctuary city and never has been declared as such by the city council. Notwithstanding, there is very little guarantee, because of the volatility of the current political climate in Washington, that after the city accepts and spends the grant funding, the federal government will not demand a return of the funding arguing falsely that the city is a sanctuary city.

The biggest problem in accepting the $10 million federal grant is that it must be used to hire and employ 40 more APD police officers, and nothing else. The requirement to hire police reflects a poor understanding of city financing. Once a worker becomes a city employee and they are paid with a federal grant, they are classified as “temporary employees”. When the federal grant money is spent, the positions are eliminated and people are terminated unless they can be placed elsewhere and more funding found.

Employing police is in fact a reoccurring expenditure. Once the 40 police are hired, yearly expenditure and funding will continue long after the $10 million is spent. In other words, the city will be required to find another source of funding in order to continue to keep those officers employed. If the money is not there, the officers hired will likely have to be terminated.

DEPARTMENT OF JUSTICE SHOULD ASSUME COST OF DOJ COMPLIANCE BUREAU AND FREE UP APD PERSONNEL

For the past 6 years, the City and APD have been struggling to implement the 276 reforms manadated by the Court Approved Settlement Agreement. (CASA). It is the APD Compliance Bureau that is primarily responsible for enforcing the mandates under the CASA. The Compliance Bureaus consists of the Internal Affairs Professional Standards Division, Policy and Procedure Division, Accountability and Oversight Division, Internal Affairs Force Division and the Behavioral Health and Crisis Intervention Section and includes funding for training provided by the APD Academy for constitutional policing practices.

One alternative use of the $10 Million in grant funding would be that the DOJ assume the cost of personnel for the Court Approved Settlement agreement and allow the city to “civilianize” the compliance bureau. The 2020 -2021 City Council approved budget has a line item funding of $34,042,000 for APD Professional Accountability. This funding is essentially funding for the Compliance Bureau that is involved with the Department of Justice Consent Decree reforms and enforcement.

According to the 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, 10 Sergeants. 40 detectives assigned to the compliance bureau is excessive and a waste of law enforcement personnel resources that should be used to combat crime. The Department of Justice and the New Mexico United States Attorney’s Office is demanding 276 reforms and they in turn should fund the compliance bureau to free up the 40 sworn police assigned to it.

RECRUITMENT DIFFICULT AT BEST

The federal grant also assumes it will be easy for the city to recruit and hire more police officers, which is simply not the case. After a full six years, the city is still struggling to increase its ranks with new recruits and thus far it is not even able to keep up with retirements. Because of the city’s difficulty with recruitment, the entire $10 Million in grant money could be used to fund sign on bonuses for new recruits and lateral hires.

A lucrative sign on bonus program could be as much as $30,000 to be applied strictly towards debt reduction, payment of education tuition debt, home mortgage down payment and full relocation moving costs. In exchange for the bonuses, the recruit or lateral hire would agree to a minimum employment contract for a period of years, such as 3 to 5 years, with repayment and stipulated judgment provisions for breach of contract for early termination by them.

CONCLUSION

Given the city’s difficulty in hiring police officers, the short-term funding of $10 Million dollar grant, the requirements of the grant relating to immigration, the Albuquerque City Council and the city would be better served by turning down the money for the use of hiring 40 police officers. This is not the say that the city does not need the funding, but that every effort should be made to change the terms of the grant and allow the city to use the money in other ways to find, charge and prosecute violent felons.

The city council needs to enact a resolution asking the federal government to use the grant funding for other projects or ask that the funding be used to lengthen the duration of Operation Legend . As alternative, the city council should request that the Department of Justice and the the United States Attorney’s Office assume the cost of the APD compliance bureau to continue with Operation Legend.

In the early morning of November 19, 2019 at 5:00 am, Jacqueline Vigil, the mother of two New Mexico State Police officers, was murdered in her car as she tried to leave her home for the gym. At the time, two violent criminal suspects were roaming the area casing the neighborhood for something to steal. Rumors ran rampant that the murder was about retaliation against law enforcement involving the victims two sons. For 8 months, the murder of Jacqueline Vigil was reported as unsolved by the Albuquerque Police Department (APD).

SAM VIGIL SPEAKS AT REPUBLICAN NATIONAL CONVENTION

On August 26 Sam Vigil took the stage in Washington, D.C. before a nationally televised audience of the Republican convention to recount his horror of finding his wife, 55-year-old Jacqueline Vigil, murdered in the driveway of their home. Mr. Vigil recounted that he found his wife of 18 years slumped over in her car the morning of November 19 while he saw the killers flee in a Jeep Cherokee that had been blocking the driveway as his wife she tried to leave. The 3 minute speech before the national audience was very dignified and emotional as Mr. Vigil’s eyes welled up in tears and he recounted the brutal slaying of his wife.

Sam Vigil told the national audience in part:

“When I go to bed at night, that sound and that image haunt me. That’s my life sentence. It’s a sentence being served by too many families left behind by senseless killings. … For over eight months, there were no arrests and no leads in connection with Jackie’s murder. The Albuquerque police were overwhelmed. They needed help. … Help arrived when President Trump launched Operation Legend in July of this year. …
Almost immediately, the FBI took over Jackie’s case. In a matter of days, they arrested four people. The fifth – the suspected killer – is in a Texas jail. … [The man the FBI arrested for her murder had been] deported in September and had come back in October to terrorize our community. … It is a sad irony that Jackie immigrated to the U.S. for a better life than her native Colombia – only to be gunned down in her own driveway.

I am extremely grateful to President Trump and the FBI for their efforts to deliver justice for Jackie and all the other innocent victims of violent crime. I am honored to support the President because he is supporting us. I know he will never stop fighting for justice, for law and order, and for peace and security in our communities … ”

The link to the entire 3 minute speech is here:

https://www.youtube.com/embed/DydlOj3DNcQ

MAYOR KELLER AND CHIEF GEIER REACT TO TALAMANTES INVESTIGATION AND ARREST

On August 19, Mayor Tim Keller and Chief Michael Geier released the following statements reacting to the arrest and custody Luis Talamantes.

Albuquerque Mayor Tim Keller Statement

“This senseless murder shook Albuquerque because we all felt the loss of Jacqueline Vigil. We vowed to bring the killer to justice and to continue the fight against violent criminals in our city. For many months we have been aware that we were making real progress on the case but couldn’t comment publicly, or push back on a lot of myths being said about our police department. We are fortunate that APD has been doing the hard work over the last nine months to identify a suspect and ensure he was locked up and not able to commit additional crimes while they investigated the murder. We are all calling again on the prosecutors to move this case forward swiftly so the killer is brought to justice for the harm he has caused to our community.”

APD Chief Michael Geier Statement

“For the last nine months, our homicide detectives used many of their investigative tools, including our aggressive tracking of guns used in crimes, to build a case, and track down the suspect in Texas. We also benefited from Crimestoppers and productive tips from concerned citizens, to assist detectives. While we haven’t been able to publicly discuss this investigation, I hope the people of Albuquerque realize that we don’t give up on victims of violent crime.”

https://www.kob.com/albuquerque-news/suspect-identified-in-the-killing-of-jacqueline-vigil/5832784/?cat=500

SCATHING ALBUQUERQUE JOURNAL EDITORIAL

On Sunday, August 23rd, the following Albuquerque Journal editorial was published:

Editorial: As mayor and APD claim credit, feds make case against murder suspect
BY ALBUQUERQUE JOURNAL EDITORIAL BOARD

“Sam Vigil will never be able to get the image out of his head.

But they don’t have jurisdiction to bring the state charge that should be filed here. And that’s murder. That’s up to APD and the district attorney. The community deserves to know why that hasn’t happened – and if it ever will. That would be a press release worth reading.”

The link to the editorial is here:

https://www.abqjournal.com/1489208/as-mayor-and-apd-claim-credit-feds-make-case-against-murder-suspect.html

CITY’S HOMICIDE AND CLEARANCE RATES

Tragically, the November 19, 2019 murder of Jacqueline Vigil was one of the 82 murders that occurred in the city in 2019. 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 72, in 2017 under
republican Mayor RJ Berry. Another high mark was in 1996, when the city had 70 homicides.

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/

The FBI reports that the national homicide clearance rate is 61%. In Albuquerque, in 2020 so far it’s 57%. It more likely than not the clearance rate will fall for 2020 as more murders occur. In 2019, APD’s clearance rate was 52.2% when the city reached 82 homicides in one year.

According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, Mayor Berry’s last year in office, 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.

As of August 22, there have been 50 homicides reported in Albuquerque for 2020. With 50 murders thus far for 2020, the city is on track to match or exceed the all-time record of 80 homicides in one year or come very close to it by the end of the year.

https://www.krqe.com/news/albuquerque-metro/detectives-investigating-overnight-homicide-in-ne-albuquerque/

COMMENTARY AND ANALYSIS

Any regular reader of the blog www.PeteDinelli.com know full well that the author is no fan of President Trump and supports and intends to vote for Joe Biden for President. With that said, anyone who watches the 3-minute speech of Sam Vigil, no matter their party affiliation nor who they support for President, can take pride in the manner in which Sam Vigil represented his family and in turn the City of Albuquerque on the national stage in the glare of the national media.

The sincerity and the pain Mr. Vigil and his family have endured was clearly reflected in his words, in his eyes, the tone of his voice, and the expression on his face. Mr. Vigil’s comments and exhibited feelings are what police officers, violent crime prosecutors and even violent crime defense attorneys see and deal with every day. As a former violent crime prosecutor, I have seen such emotions many times before, and such expressions are what motivates law enforcement and prosecutors to seek justice for victims and their family’s.

Going forward, Mayor Tim Keller and Chief Michael Geier would be wise to take the 3 minutes to view Sam Vigil’s speech in full, take the Journal Editorial comments to heart and forgo any and all press releases trying to take credit for cases. Both Keller and Geier should concentrate on APD’s Homicide Unit. Keller and Geier need to work on increasing APD’s clearance rate, arrest rate and sending the cases over to the District Attorney’s office for prosecution. Otherwise, they will be faced with again going to the defense of APD when other agencies are able to do what APD in incapable of doing: getting violent criminals off the streets of Albuquerque.

In other words, Keller and Geier both need to knock it off with their political gamesmanship in that at this point, people want results not press releases. If they can not do it, they need to admit it and be replaced come next year at election time. The senseless murders have got to stop.

For a related blog article see:

Federal Charges Filed Against 5 In Jacqueline Vigil Murder; Political Gamesmanship In A Presidential Election Year; Mayor Keller And Chief Geier Left With Egg On Faces

On August 23, African American Jacob Blake, 29, was shot 7 times in the back by the Kenosha, Wisconsin Police Department as he entered his car where his three children were seated. The Konosha Police say they were responding to a domestic incident, but it is unclear who called the police, how many officers were involved, and what happened before the shooting. Police in Kenosha do not have body cameras, although they do have microphones.

The shooting was captured on a cell camera video. The person who shot the video, Raysean White, told CNN that before he began filming, he saw police wrestle, punch and Taser Jacob Blake. It was then he started recording. Mr Blake is shown walking around the front of the SUV. The two officers closest to Mr Blake at this point on the video are white males. As he opens the door and leans into the car, one officer can be seen grabbing his shirt and opening fire. Seven shots can be heard in the video, as witnesses shout and scream. Mr White told the AP news agency that he heard police officers shout “Drop the knife!” before gunfire erupted, but said he didn’t see a knife in Mr Blake’s hands.

https://www.cnn.com/2020/08/26/us/jacob-blake-kenosha-wisconsin-shooting-wednesday/index.html

Attorney Patrick Salvi Jr., Blake’s lawyer, said his client did not have a weapon in the vehicle. The attorney also said that Blake, because of his injuries, has needed nearly all of his colon and small intestine removed, and suffered damage to his kidney, liver and arm. According to Blakes family, he has been left paralyzed from the waist down.

https://www.bbc.com/news/world-us-canada-53909766

MAYOR KELLER AND CHIEF GEIER REACT TO SHOOTING

On August 25, Mayor Tim Keller posted on FACEBOOK at 4:55 pm the following;

“The heartbreaking shooting of Jacob Blake makes clear that even after months of community-driven action, our national reckoning with racism is just beginning. We have to stand for urgent change AND do the real work on police reform and racial justice until #BlackLivesMatter is a reflection of reality.”

On August 25, the following tweet about the shooting was sent out on the APD Twitter Account attributed to APD Chief Michael Geier:

“The senseless shooting of Jacob Blake once again shows why our community and communities across the nation are seeking justice and change. On Behalf of APD, I offer my sympathy to Jacob Blake’s family and his children who witnessed this disturbing act. I sincerely hope he makes a full recovery.”

Hours after the tweet, Chief Geier sent an email to his officers saying that tweet wasn’t from him. In the email to his officers, Geier said:

“Earlier today a statement was posted attributed to me that I had not prepared or approved. This was an error and will be addressed. With respect to the officer involved shooting in Wisconsin, I have faith in the justice system that the facts of the incident will ultimately be revealed and comments by me about that incident without all the facts would be premature and inappropriate.

I would hope that this is not similar to the incident like we saw in Minneapolis since that had a negative impact on the reputations of all officers across our nation. I was not even aware of this incident in Kenosha until after this statement was posted. I would never have prejudged or jumped to conclusions without having more information. I apologize for any misunderstanding and want to assure everyone that these were not my words.”

It has been reported that it was APD Spokesperson Gilbert Gallegos who advised the chief to make a statement about the shooting. Gallegos issued the following statement:

“Understanding that our own community in Albuquerque has concerns about the use of force by police, I recommended a statement from Chief Geier to acknowledge the incident in Wisconsin and demonstrate our hardworking officers’ commitment to our ongoing reform efforts. The statement was posted on social media before chief had an opportunity to review it. When we realized the oversight, the post was removed.”
Links to news coverage are here:

https://www.koat.com/article/apd-officers-angry-over-tweet-about-wisconsin-shooting-on-apds-twitter/33799630

https://www.kob.com/albuquerque-news/apd-chief-apologizes-for-departments-tweet-about-wisconsin-police-shooting/5839753/?cat=500

APD UNION SWIFTLY CONDEMNS

Albuquerque Police Officers’ Association was quick to condemn what happened. Police Union President Shaun Willoughby said Chief’s Geier’s tweet was a rush to judgement and had this to say:

“The erosion of trust that this displays to the rank-and-file of the Albuquerque Police Department is just overwhelming. … The rank-and-file were– to say the least, were fundamentally and completely disappointed. … I would hope the individuals that are posting on behalf of the chief would not be so disconnected from what the chief feels and what’s going on in law enforcement nationally.”

COMMENTARY AND ANALYSIS

The video of the shooting of African American Jacob Blake in the back 7 times by the Kenosha Police officers in Wisconsin is as shocking as it gets, but the video is NOT from a police lapel camera. Links to 2 videos of the shooting are in the postscript below. Kenosha police officers are not equipped with body cameras. Kenosha Police squad vehicles have dashboard cameras, but authorities did not say if any part of the shooting had been captured on those police vehicle cameras. The video of the shooting was done by a bystander and it is not clear if Blake was armed with a weapon nor why the police felt it was necessary to use deadly force.

Chief Geier was absolutely correct in his email when he said comments by him about the shooting without all the facts would be premature and inappropriate, but the tweet was sent out anyway. An apology under the circumstances just does not cut it. Chief Geier and APD Spokesman Gallegos need to be held accountable for it as should Mayor Keller if he was aware that the tweet was being sent out or if he or CAO Sarita Nair ordered it to be sent out.

The fact that a tweet from APD Chief Geier was sent out in the first place without his knowledge is disturbing and a violation of APD standard operating procedures. Ostensibly, the tweet was sent out after conferring with Mayor Tim Keller’s office seeing as Keller issued his own statement on FACEBOOK at the same time and that is his right. However, directing that a tweet be sent out by the APD Chief without his consent would be an abuse of authority. It is a reflection that the Keller Administration is more concerned about public relations and not law enforcement. Chief Geier apologizing for the tweet and saying he did not send it out is proof he is not running his department, or at a minimum he does not know what the hell is going on.
_______________

POSTSCRIPT
A link to a report that has the day time shooting of Blake captured on video that went viral is here:

https://www.wsj.com/articles/jacob-blake-shooting-what-happened-in-kenosha-wisconsin-11598368824

A link to a report that has a second video of the shooting is here:

https://www.cnn.com/videos/us/2020/08/26/jacob-blake-shooting-second-video-family-attorney-newday-vpx.cnn