Dan Klein is a retired Albuquerque Police Sergeant after 20 years of public service. He has been a small business owner in the private sector now for 15 years. Mr. Klein has been a reporter for both on line news outlets the ALB Free Press and ABQ Reports.

On November 25, 2019, the following article written by Dan Klein, with introductory bullet talking point was published by ABQ Report:

HEADLINE: Who is in charge at APD? It sure isn’t Mike Geier!
August 16, 2020
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BY: Dan Klein

— It seems that Geier’s 40 years in law enforcement are just the same year over and over. He has never learned how to command. Geier seems afraid to crack the whip on his friends, instead praying that they “do the right thing” when caught doing wrong.

“I take responsibility for what happens in my office with my chief of staff and my assistant. Any suggestion that I am not in control of the department (is) ridiculous. This is nothing more than petty water-cooler talk.”–Statement provided to the Albuquerque Journal by Albuquerque Police Chief Mike Geier.

Dear Mike Geier, if you must make a formal statement telling everyone you are in charge at APD, guess what? You aren’t in charge.

What is that giant sucking noise we hear coming from 4th and Roma? It is the sound of the air being sucked out of APD by the command fools on the 5th floor (Chief’s office) who are spending their days and nights in petty fights with each other while crime in Albuquerque continues to spin out of control.

In the coming week ABQReport will have much more to say regarding the allegations leveled against APD Chief of Staff John Ross by Geier and his secretary Paulette Diaz. You can read their memos here:

The link to the entire 7 page memo is here:

https://drive.google.com/file/d/1_8LDr0kQpz9z1PLLlUhOPlaGdde3wtiW/view

The link to Chief Geier’s 4 page memo to Internal Affairs is here:

https://drive.google.com/file/d/1VOAIh-EpZz8-PH-P83C8TQJ66dsM0ffw/view

None of this comes as a surprise to Albuquerque residents who have watched their police department leadership bungle one issue after another for the last 10 years. Albuquerqueans had hoped they were voting for a change from the Gorden Eden/R.J. Berry clown show when they elected Tim Keller. Keller appointed ex-APD, and then-current Rio Rancho Police Chief, Mike Geier, to run APD. City residents and the department were full of hope that finally things would turn around. It didn’t take long for those hopes to be trashed.

Almost immediately Geier let everyone know he was a “good old boy and a girl kinda guy” when he refused to fire his Internal Affairs commander after she was caught tampering with records. Geier didn’t seem to care, and it was only continuous media coverage that finally forced Geier to demote this person.

On the heels of this blunder Geier defended, and got Keller to go along for the ride, APD’s inaction when it came to rescuing the 7-year-old-girl with bloody underwear. Remember her? Her teacher had begged APD to protect her. She had even given the responding officers the girls bloody underwear—evidence—which was promptly tossed into the trash.

Let me remind everyone, little girls don’t bleed from their private parts unless they have been abused or have a serious health issue. Yet Keller and Geier defended APD’s do-nothing response. The child was left with her abusing parents until much later when Attorney General Hector Balderas got involved.

Geier and Keller only retracted their original defense of APD when the media and public demanded it. At one of the strangest press conferences I have ever seen, Keller and Geier admitted that APD’s response was not correct and they would investigate. Then they both sat down and watched APD spokesman Simon Drobik contradict what they had just said. And Geier and Keller did nothing. Right then I began to wonder, “Who is in charge at APD?”

Then came the Civilian Police Oversight Agency investigation into Drobik and his colossal amount of overtime pay. The Police Oversight Board and the CPOA recommended termination for Drobik for violating APD policy more than 50 times! What did Geier do? In a move that stunned everyone in the law enforcement community, he defended Drobik’s violations, whitewashed Drobik’s actions and refused to terminate him!

Now it’s one year later and State Auditor Brian Colon and Attorney General Balderas have both opened serious investigations into APD and how our money is being mismanaged. To make themselves look like they are doing something, Geier and Albuquerque Chief Administrative Officer Sarita Nair opened an Internal Affairs investigation into Drobik, who promptly retired.

I add Nair’s name because she is listed as overseeing APD. Many people at APD say Geier has been placed on the curb, doing nothing more than collecting his $190,000-a-year paycheck and occasionally making public appearances. They say Nair runs everything at APD because Keller doesn’t trust Geier to make the right decisions. But just like inept former Mayor R.J. Berry couldn’t bring himself to fire his worthless police chief, Gorden Eden, Keller doesn’t have the courage to fire Geier.

Now we have that “water-cooler” talk that Geier complained about. Well, if Geier sees water-cooler talk everywhere, he should read his own memo to Internal Affairs that contains serious allegations against his hand-picked chief of staff, John Ross. If Geier’s allegations against Ross are true, then it is a perfect example of Geier’s “grandpa” style leadership method of do nothing and hope that Ross will “do the right thing”.

I wonder why anyone would want to join APD. It seems that Geier’s 40 years in law enforcement are just the same year over and over. He has never learned how to command. Geier seems afraid to crack the whip on his friends, instead praying that they “do the right thing” when caught doing wrong.

Picking the wrong person to lead happens all the time; not everyone is capable of being a good chief. That’s when the community expects Mayor Keller to do his job and hire someone else. But Keller has the same problem Geier has; he wants to be loved. When you fire someone you normally don’t get a lot of love from them.

Geier repeatedly asks his staff to “do the right thing” because he just can’t do it himself. Now we see the same inept leadership in Keller. Keller can’t bring himself to fire Geier. No matter all the embarrassment, missteps and investigations, Keller doesn’t have it in him to replace Geier.

Albuquerque suffers because of this incompetence of leadership.

Albuquerque’s only hope is for Bob Stover to be reincarnated to run APD. If Stover were in charge we would have to replace the windows on the 5th floor because he would have tossed the chief, all the deputy chiefs and chief of staff out of the windows within minutes of his return.

Stover understood leadership; he didn’t care about being loved. He cared about protecting his city and the integrity of APD. Too bad Keller can’t do the “right thing”.”

The link to the ABQ Report article is here:

https://www.abqreport.com/single-post/2020/08/16/Who-is-in-charge-at-APD-It-sure-isn%E2%80%99t-Mike-Geier

ALBUQUERQUE JOURNAL EDITORIAL

On Sunday, August 16, 2020, the Albuquerque Journal published a scathing editorial against the APD command staff and Mayor Tim Keller. The editorial comes on the heels of two a front-page stories of APD Chief of Staff John Ross being investigated by Internal Affairs for improper conduct and the release of APD’s tactical plan for the June 15 protest over the Juan de Onate statute. A link to the Albuquerque Journal editorial and a related blog article with further commentary is here:

https://www.petedinelli.com/2020/08/16/a-scathing-editorial-for-apd-command-staff-to-clean-up-their-act-the-entire-apd-4th-floor-needs-to-be-swept-clean-of-the-dog-poop-and-the-failed-leadership-as-well/

CHIEF ADMINISTRATIVE OFFICER SARITA NAIR

Sarita Nair was appointed Chief Administrative Officer (CAO) by Mayor Tim Keller in December 2017. As CAO, Ms. Nair is the City’s top senior executive manager, overseeing all 19 departments of municipal government and a budget of over $1 billion. Sarita Nair is the very first woman of color to serve as Chief Administrative Officer for the City. Originally from Pittsburgh, Ms. Nair earned her bachelor’s degree from Wesleyan University, a master’s degree from the University of New Mexico School of Community and Regional Planning, and graduated magna cum laude from the University of New Mexico School of Law. As Chief Administrative Office, Sarita Nair is paid at least $186,747.20 a year according to the city’s 250 top wage earners.

Prior to being appointed as the CAO, she was appointed by then State Auditor Tim Keller as the State Auditor’s Chief Government Accountability Officer and General Counsel. Prior to that, Ms. Nair was a shareholder at the law firm of Sutin, Thayer & Browne, representing private companies and public entities in business and governance matters since 2004. As a business lawyer, she worked for a wide range of small and family businesses across New Mexico, to represent both companies and governments in industrial revenue bond and Local Economic Development Act transactions. Prior to her law career, Nair worked in the field of international development and consulted on policy initiatives for a number of organizations including the United Nations Economic Commission for Latin America and the Caribbean and the New York City Parks and Recreation Department

https://www.cabq.gov/chief-administrative-officer

COMMENTARY AND ANALYSIS

Dan Klein asks the very legitimate question “Who is in charge at APD?” Based on the content of the interoffice memos from Chief Geier’s Administrative Support Coordinator Paulette R. Diaz and APD Chief Michael Geier, it would appear that person is Keller’s political operative and Chief Administrative Officer Sarita Nair. Diaz makes references of interference from the Mayor’s Office and CAO Sarita Nair, saying Chief Geier has been given conflicting directives about how to address the issues with Chief of Staff John Ross and Diaz wrote:

“Those directives do not support you [Chief Geier] running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons.”

The statement made by Diaz is clear proof that CAO Nair and ostensibly the Mayor are getting involved into the minutia of enforcing personnel rules and regulations which is very troubling. The transfer of Paulette Diaz from the 5th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department smacks of political retaliation against a whistle blower.

The Chief Administrative Officer Sarita Nair does have authority under the City Charter the duty and responsibility to enforce the city’s personnel rules and regulations. The facts that Geier and CAO Sarita Nair have not placed Ross on Administrative Leave without pay until the Internal Affairs investigation is completed, have not ordered Ross to return the $2,400 laptop, nor have they rescinded the $10,000 pay raise are clear indications they intend to do absolutely nothing. What is even more troubling is that it was Paulette R. Diaz, who likely falls under the legal definition of a whistle blower, has been transferred to a completely different department, the Animal Welfare Department.

Chief Geier has over 40 years of experience in law enforcement and is a former Rio Rancho Police Chief, he should know what he is doing when managing the Department, but it’s obvious his loyalty to a subordinate is more important to him. Ultimately, its Chief Geier that needs to be held accountable for the mismanagement of the department. Preferential treatment and a sense of entitlement sends the wrong message to APD’s chain of command and in turn the rank and file of the department.

City Hall confidential sources report that Mayor Tim Keller was in constant contact with CAO Sarita Nair during the June 15 Onate Statue Protest at the Albuquerque Museum where a person was shot and that they gave Chief Geier or his Deputy Chief Harold Medina instructions on how they wanted the protest to be handled and how city property was to protected. Neither Nair nor Keller have prior management experience with any law enforcement department and have no experience with tactical plans nor how they are implemented. If Keller and Nair were directly involved and gave instructions on how they wanted APD to handle the June 15 protest, they infused politics in the management of APD.

APD continues to crumble around an inept Mayor that has a difficult time cutting people lose because of a sense of “loyalty.” Former Republican Mayor Richard Berry had what amounted to a blind loyalty relationship with Chief Gordon Eden and could afford to keep Eden, despite his incompetence, to the very end because Berry did not run for a 3rd term. Mayor Tim Keller on the other hand has made it known he is running for a second term in 2021 and still has over a year before the next election and anything can happen.

Things are only getting worse with Sarita Nair trying to run APD with mixed messages and politics. Mayor Tim Keller is more concerned with public relations and being well liked and lacking any real substance in reducing our high crime rates. Mayor Tim Keller needs to get a grip on the fact that its time to thank Chief Geier for his work and to find a new Chief who is willing to run a department without interference, and if that person can’t do the job, move on to someone who can.

On Sunday, August 16, 2020, the Albuquerque Journal published what can only be considered the most scathing editorial against APD command staff and Mayor Tim Keller in some time. The editorial comes on the heels of two front-page stories of APD Chief of Staff John Ross being investigated by Internal Affairs for improper conduct and the the release of APD’s tactical plan for the June 15 protest over the Juan de Onate statute. Below is the Journal editorial in full with the link provided followed by further Commentary and Analysis:

Editorial: It’s high time for APD brass to clean up their act

BY ALBUQUERQUE JOURNAL EDITORIAL BOARD

Sunday, August 16th, 2020 at 12:02am

“Are the wheels coming off at the highest levels of the Albuquerque Police Department?

It sure looks that way in light of recent events that portray department leadership as inept and dysfunctional, with a touch of possible corruption and administrative meddling by the Mayor’s Office thrown in for good measure.

The issues here range from riot planning to doggie doo – with a lot in between.

It took awhile, but APD finally released crucial information on how it planned to react, or mostly not, during the June 15 protest over the Juan de Oñate statue at the Albuquerque Museum that ended in chaos and gunfire.

Having learned little from taking a mostly hands-off approach to rioting and looting May 31 that still has much of Central Avenue Downtown boarded up with plywood (many preemptively to prevent damage), APD’s tactical plan had officers in riot control gear holding back, out of sight unless there was a threat to “life or if major property damage occurs.”

The kicker? The plan didn’t consider the Oñate statue by renowned artist Sonny Rivera to be property worth protecting. So in essence APD was fine with protesters armed with pickaxes and chains taking down the statue, so long as they didn’t try to set the museum on fire.

Of course that wasn’t OK with Oñate supporters and members of the so-called Civil Guard. A counter protester, Steven Baca, eventually fired a handgun, seriously wounding a protester.
District Attorney Raul Torrez adds APD bungled the shooting investigation, and State Police have stepped in.

The responsibility for this debacle lands squarely at the doors of Chief Michael Geier, and the person who hired him, Mayor Tim Keller.

Meanwhile, a Journal story published Thursday by reporter Elise Kaplan – who also filed the public records requests and wrote the APD Oñate plan story – lays out a scenario that comes close to the “you can’t make it up” threshold.

Among other things, it involves allegations Geier’s chief of staff, John Ross, bypassed city rules to buy a $2,400 Apple laptop computer and a $200 Apple TV box that didn’t appear to have any work purpose. And, Geier said, he found out that Ross – who moved to APD with Geier from Rio Rancho – was trying to buy himself a ballistic vest from a vendor who hadn’t been approved yet.

Geier didn’t put Ross on administrative leave – as he should have – but ordered up an investigation, saying he believed Ross may have violated standard operating procedures along with altering or making false statements in reports and failing to safeguard department property.

Ross allegedly used Geier’s signature stamp – which now supposedly is locked up in the chief’s desk – to make purchases.

The person who dropped the dime on Ross was Geier’s secretary, Paulette Diaz, who for her troubles has been temporarily transferred to Animal Welfare and is lawyered up with a former APD officer-turned-attorney.

So Ross is still holding forth at headquarters while his accuser is over with the dogs. The city says it’s typical to move people administratively while such matters are being investigated, but that begs the question of why she was moved and Ross wasn’t.

The Ross-Geier-Diaz matter has a lot more to it. Diaz claims Ross wrangled himself a “significant” pay raise without the chief’s approval by lobbying Chief Administrative Officer Sarita Nair and says Keller and Nair gave Geier conflicting directives on how to address issues with Ross. According to the city website, Ross is now making about $140,000 a year, just $5,000 less than a deputy chief.

Geier, perhaps predictably, doesn’t recall signing off on the raise because he signs a lot of stuff, but in a memo he says he reminded Ross of earlier conversations about “the possible implications of receiving such a large raise.”

And then there is Sophie. That would be Ross’ dog, who according to a memo from Diaz, came to work with Ross because his wife wouldn’t let the pup stay at home. “The dog’s behavior became more unmanageable, and she was aggressive toward people, including employees and visitors,” Diaz wrote in a memo to the chief. “In addition, Sophie would poop and pee on the carpet in the offices.”

With all the above going on, why should the public have confidence this Keystone Kops-like leadership can do its job investigating two fatal shootings by officers in the past week?

APD performs perhaps the single most important function in city government. Public safety. And it has a budget of roughly $200 million and about 1,000 sworn officers to do its job. The rank-and-file on the mean streets of this city deserve so much better than they are getting from leadership.

Keller needs to step up and publicly say how his administration intends to right the ship at APD. Is he confident Geier is the right person to lead at this point? And is Geier even being allowed to lead, for that matter? Keller should say so, and clearly.

No more maneuvering. The City Council should weigh in as well.

These elected officials and Geier are accountable to the public. It’s past time for them to report to their bosses.”

https://www.abqjournal.com/1486895/its-high-time-for-apd-brass-to-clean-up-their-act.html

BACKGROUND EMAILS DETAILING NEFARIOUS CONDUCT

On July 13, Chief Geier’s Administrative Support Coordinator Paulette R. Diaz sent Chief Geier an interoffice memo alleging Chief of Staff John Ross was “abusing his position for what appears to be [for] personal gain or otherwise evading [Standing Operating Procedures and] City procedures.” The memo was sent only after she met with Geier in private and believed that the complaints were serious enough to place in writing and to document the incidents. The Keller Administration order the transfer Paulette R. Diaz from the Chief’s Office to the Animal Control Department.

The link to the entire 7 page memo is here:

https://drive.google.com/file/d/1_8LDr0kQpz9z1PLLlUhOPlaGdde3wtiW/view

On July 20, Chief Geier forwarded the Diaz memo to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross. Chief Geier essentially confirmed Diaz’s allegations in his memo to Internal Affairs and offered an explanation. Geier’s Administrative Support Coordinator Paulette R. Diaz.

The link to Chief Geier’s memo to Internal Affairs is here:

https://drive.google.com/file/d/1VOAIh-EpZz8-PH-P83C8TQJ66dsM0ffw/view

On Thursday, August 13, the Albuquerque Journal on its front page and the on line news agency ABQ Reports published reports that APD Chief of Staff John Ross, who was hired by APD Chief Michael Geier, is under investigation by APD’s Internal Affairs Department for a series of nefarious conduct. Notwithstanding, the Chief of Staff is still on duty and the person who reported the incidents has been moved from APD to Animal Welfare.

In response to questions about the transfer of Diaz, City Attorney Esteban Aguilar Jr. said APD administrative investigations are a routine process to determine whether employees followed policies. City Attorney Aguilar had this to say:

“Temporary reassignment of employees is a common option to protect both sides during an investigation and is not retaliatory Unclassified, exempt employees are also subject to reassignment or other status changes at any time. Here, the allegations being investigated have to do with the compromise of confidential information, so reassignment is advisable.”

COMMENTARY AND ANALYSIS

The litany of complaints by Paulette Diaz can only be characterized as abuse of authority for personal and financial gain by John Ross. If there is any truth to any of the allegations, it is a reflection of greed and self-entitlement that any one of APD’s high command can do whatever they want, whenever they want, and get away with it with a double standard for subordinates such as Paulette Diaz.

Bypassing the city’s purchasing procedures and ordinances is extremely serious. It is an abuse of authority and under the State and City purchasing code and ordinances is a misdemeanor. What is far more serious is the unauthorized use of a signature stamp and pad for memos and documents without Chief Geier’s knowledge or coercing another employee. If true, such conduct can be characterized as forgery or fraud to secure personal gain, and any prosecutor worth their salary would bring criminal charges for such conduct.

APD COMMAND STAFF HAVE BECOME A “MASH UNIT”

Chief Geier’s memo to the Internal Affairs is tantamount to a defense of his Chief of Staff to avoid any disciplinary action. The facts that Geier and CAO Sarita Nair have not placed Ross on Administrative Leave without pay until the IA investigation is completed, have not ordered Ross to return the $2,400 laptop, nor have they rescinded the pay raise are clear indications they intend to do absolutely nothing. What is even more troubling is that it was Paulette R. Diaz, who likely falls under the legal definition of a whistle blower, has been transferred to a completely different department, the Animal Welfare Department.

When Chief Geier says “I did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John” you can only envision that John Ross is APD’s version of “Radar” O’Reilly and APD Chief Geier is APD’s version of clueless Lieut. Col. Henry Blake on the TV series MASH where Pvt. Radar O’Reilly was always slipping orders and documents to be signed and not read by Col. Blake.

POLITICIZING A LAW ENFORCEMENT DEPARTMENT

When Diaz makes references of interference from Mayor Tim Keller and CAO Sarita Nair, saying they have provided Geier with conflicting directives about how to address the issues with Chief of Staff John Ross, it is clear proof that the CAO and the Mayor are getting involved into the minutia of enforcing personnel rules and regulations which is very troubling. Diaz wrote:

“Those directives do not support you running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons.”

The transfer of Paulette Diaz form the 5th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department, and the comments made by City Attorney Estaban Aguilar and APD Spokesman Gilbert Gallegos smack of political retaliation against a whistle blower.

The Chief Administrative Officer Sarita Nair does have the duty and responsibility to enforce the city’s personnel rules and regulations. However, no Mayor has any business getting involved with personnel matters as described by Diaz and it smacks of political influence over a department that should be devoid of politics. Chief Geier has over 40 years of experience in law enforcement and is a former Rio Rancho Police Chief, he should know what he is doing when managing the Department, yet Nair and Keller, neither who has ever managed a law enforcement department and getting involved, sends the wrong message to APD’s chain of command.

REPUGNANT COMMENT REFLECTING INCOMPETENCE

After reading both the July 13 memo to Chief Geier from Paulette R. Diaz and Chief Geier’s to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross, it’s downright repugnant that APD Chief Michael Geier would actually say “This is nothing more than petty water-cooler talk.”

If APD Chief Geier actually feels that way, Chief Geier needs to be thanked for his services by Mayor Tim Keller and be terminated along with his Chief of Staff John Ross. Mayor Tim Keller needs to get hold of a broom and sweep all of Sophie the dogs “dog poop” from the 5th floor along with APD’s Chief, Deputy Chief’s and the Chief of Staff.

For a related blog article see:

A Police Chief Of Staff Engaging In Nefarious Conduct For Financial and Personal Gain Is Not “Petty Water Cooler Talk”; Geier Needs To Go And Take His Chief of Staff With Him

“I take responsibility for what happens in my office with my chief of staff and my assistant. Any suggestion that I am not in control of the department (is) ridiculous. This is nothing more than petty water-cooler talk.”

APD Chief Michael Geier responding to Albuquerque Journal inquires relating to Internal Affairs Investigation of APD Chief of Staff John Ross.

On Thursday, August 13, the Albuquerque Journal on its front page and the on line news agency ABQ Reports published reports that APD Chief of Staff John Ross, who was hired by APD Chief Michael Geier, is under investigation by APD’s Internal Affairs Department for a series of nefarious conduct. Notwithstanding, the Chief of Staff is still on duty and the person who reported the incidents has been moved from APD to Animal Welfare.

The alleged conduct includes: circumventing purchasing rules, making improper purchases, by passing Chief Geier to secure a $10,000 raise taking his pay from $129,304 a year to $140,000 a year, absconding with the chief’s signature stamp that was being kept locked in a secretary’s desk drawer, yelling at and intimidating the chief’s secretary, and bringing his dog to work without approval and allowing the animal to defecate and urinate in Deputy Chief offices and instructing personnel to walk the animal.

The links to the Albuquerque Journal article and the ABQReports are here:

https://www.abqreport.com/single-post/2020/08/13/Chief-Geiers-pal-runs-amok-at-APD-makes-unauthorized-purchases-demands-chiefs-signature-stamp

https://www.abqjournal.com/1485891/apd-chief-of-staffs-actions-under-investigation.html

ALLEGATIONS MADE BY CHIEF GEIER’S ADMINISTRATIVE SUPPORT COORDINATOR

On July 13, Chief Geier’s Administrative Support Coordinator Paulette R. Diaz sent Cheif Geier an interoffice memo alleging Chief of Staff John Ross was “abusing his position for what appears to be [for] personal gain or otherwise evading [Standing Operating Procedures and] City procedures.” The memo was sent only after she met with Geier in private and believed that the complaints were serious enough to place in writing and to document the incidents The link to the entire 7 page memo is here:

https://drive.google.com/file/d/1_8LDr0kQpz9z1PLLlUhOPlaGdde3wtiW/view

In her July 13 memo to Chief Geier, Paulette R. Diaz provided documentation and outlined in great detail 10 allegations against APD Chief of Staff John Ross. Those 10 allegations in a nutshell are:

1.That he purchased, without department approval, a $2,400 Apple laptop computer.

2. That he purchased, again without approval, a $200 Apple TV Box that had no apparent work use.

3. Diaz said that Ross personally demanded Geier’s signature stamp, which the chief had ordered be locked up, and he used the signature stamp on official documents without approval.

4. Ross attempted to buy a ballistic vest without going through the proper procedures.

5. Ross tried to buy a “lift” for his APD vehicle, again, without approval.

6. Ross circumvented the approval process to secure what amounted to a $10,000 raise from $129,304 a year to $140,000 a year without Geiers approval and ostensibly not making a full disclosure to CAO Sarita Nair who approved the raise.

7. Ross improperly gave a pay raise to an APD staffer.

8. That during a six-week period in late 2019, Ross removed Geier from the approval chain of command for financial and travel documents and pending human resources documents.

9. Ross brought a dog to work without approval and let it jump on employees’ desks and the animal defecated and urinated repeatedly in offices causing a health hazard. According to Diaz “It got to the point that air fresheners had to be brought in and some staff has even gone to the limit of burning candles to mask the odor of what is obviously a health concern.” Diaz said other APD employees were tasked with taking care of Ross’ dog while he was at meetings and Ross had a city employee train the dog to behave during work hours.

10. Ross ruined a department-issued computer by forcing a charger not specific to the laptop into its charging port.

APD CHIEF GEIER FORWARDS COMPLAINT TO INTERNAL AFFAIRS

On July 20, Chief Geier forwarded the Diaz memo to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross. Chief Geier essentially
confirmed Diaz’s allegations in his memo to Internal Affairs and offered an explanation. The link to Chief Geier’s memo to Internal Affairs is here:

https://drive.google.com/file/d/1VOAIh-EpZz8-PH-P83C8TQJ66dsM0ffw/view

In his referral to Internal Affairs, Chief Geier states he believes Ross “may have violated standard operating procedures by engaging in conduct that reflects poorly on the department, altering, misrepresenting or making false statements in reports, and failing to safeguard department property.”

In his July 20 memo to Internal Affairs, Geier said he had learned that Ross had bypassed the city’s protocol in purchasing a $2,400 Apple laptop computer, when he already had a department-issued ThinkPad laptop. Ross also purchased a $200 Apple TV box that did not appear to have any purpose for work and used predominately for entertainment purposes such as gaming . Geier states that he found out that Ross was trying to purchase a ballistic vest, which is an “off-duty jacket type vest”, despite a pending request for bid and the fact that the purchase would result in the vendor being disqualified.

Geier explains in his memo to Internal Affairs that he met with Ross for an informal discussion about the allegations. Ross admitted to Chief Geier he bought the Apple computer and TV box and offered as a defense that he thought it was OK, noting that the TV box could be used for Zoom meetings.

Chief Geier said Ross acknowledged he did not have approval to use the Chief’s signature stamp but directed his assistant to use Geier’s signature stamp anyway. Geier reported that he ended up locking up his signature stamp to prevent anyone using it without his approval or knowledge.

In his memo to Internal Affairs, Chief Geier writes:

“I explained to John that his actions portrayed him as possibly using his position to benefit himself. … I told him the ‘appearance’ of this would seem wrong to others in the agency and it gave the optics of abuse of his authority. Both outcomes could conceivably impair the efficiency of the Department and damage both his reputation and that of APD in general.”

Geier said he told Ross that it would be best if he returned the items and he trusted him to do the right thing, but Geier did not give Ross any direct orders. The items have not been returned. And the Think Pad that Ross had been initially provided crashed when he used the wrong charger.

GEIER EXPLAINS ROSS PAY RAISE

At the end of each calendar year, City Hall releases the top 250 wage earners. The list of 250 top city hall wages earners is what is paid for the full calendar year of January 1, to December 31 of any given year. The City of Albuquerque updated the list for the year 2019. In 2019 in the APD Chief’s Office, there were 10 major employees in the list of 250 top paid employees in 2019 earning pay ranging from $109,017 to $183,378. The highest 5 paid employees in the Chief’s Office for 2019 were:

1. Geier, Michael Chief of Police $183,378.60
2. Gonzalez, Arturo E Deputy Chief $140,498.63
3. Garcia, Eric J Deputy Chief $140,144.28
4. Medina, Harold Deputy Chief $136,040.20
5. Griego, Jon J Deputy Chief $134,522.59

APD Chief of Staff John Ross was paid $129,304 a year in 2019, making him the 57th highest paid city hall employee of the top 250 city hall wage earners in 2019 and he is the 6th highest paid employee in APD Chief Geier’s office. He is now being paid $140,000 a year.

In his July 20 memo sent to Internal Affairs Professional Standards, Chief Geier explains the pay raise by saying Ross had asked for a “small bump” in pay, which Geier interpreted to mean “a few thousand dollars annually.” According to Geier:

“[Ross] thought he could be elevated to the same pay level as a Deputy Chief but I explained that would not be feasible due to our existing rank structure and our compensation and classification process. … I also told him that Deputy Chief Harold Medina was already upset that two other Deputy Chiefs were already getting paid more than him due to a longevity agreement from the last administration. [When I signed the memo, I] did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John.”

Geier said he was surprised when he learned from the city’s website that Ross was making almost $140,000 a year, about $5,000 more than Deputy Chief Harold Medina. Geier wrote internal affairs:

“I sign a lot of documents and am very busy at times and it is possible I missed it. … However, I reminded him of our initial conversations about the possible implications of receiving such a large raise and the appearance of impropriety.”

Ostensibly what happened is the John Ross took the salary increase memo to CAO Sarita Nair and was given a significant pay raise at the rate of a Deputy Chief. CAO Nair appears to not have contacted Chief Geier to confirm his approval of the raise relying on the personnel documents that had Geier’s signature stamp.

WHISTLE BLOWER TRANSFERRED?

In her July 13 memo to Chief Geier, Paulette R. Diaz makes references of interference from Mayor Tim Keller and CAO Sarita Nair, saying they have provided Geier with conflicting directives about how to address the issues with Chief of Staff John Ross. Diaz wrote:

“Those directives do not support you running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons. ”

It has been reported that on Wednesday, August 12, under the direction of city Chief Administrative Officer Sarita Nair, Paulette R. Diaz was transferred to the Department of Animal Welfare until the conclusion of pending internal investigations against Chief of Staff John Ross. However Chief Geier nor CAO Sarita Nair have not place John Ross on Administrative Leave.

In response to questions about the transfer of Diaz, City Attorney Esteban Aguilar Jr. said APD administrative investigations are a routine process to determine whether employees followed policies. City Attorney Aguilar had this to say:

“Temporary reassignment of employees is a common option to protect both sides during an investigation and is not retaliatory Unclassified, exempt employees are also subject to reassignment or other status changes at any time. Here, the allegations being investigated have to do with the compromise of confidential information, so reassignment is advisable.”

APD spokesman Gilbert Gallegos said Diaz:

“has been the subject of allegations that predate the current situation, as well as the potential compromise of confidential information.”

COMMENTARY AND ANALYSIS

The litany of complaints by Paulette Diaz can only be characterized as abuse of authority for personal and financial gain by John Ross. If there is any truth to any of the allegations, it is a reflection of greed and self-entitlement that any one of APD’s high command can do whatever they want, whenever they want, and get away with it with a double standard for subordinates such as Paulette Diaz.

Bypassing the city’s purchasing procedures and ordinances is extremely serious. It is an abuse of authority and under the State and City purchasing code and ordinances is a misdemeanor. What is far more serious is the unauthorized use of a signature stamp and pad for memos and documents without Chief Geier’s knowledge or coercing another employee. If true, such conduct can be characterized as forgery or fraud to secure personal gain, and any prosecutor worth their salary would bring criminal charges for such conduct.

APD COMMAND STAFF HAVE BECOME A “MASH UNIT”

Chief Geier’s memo to the Internal Affairs is tantamount to a defense of his Chief of Staff to avoid any disciplinary action. The facts that Geier and CAO Sarita Nair have not placed Ross on Administrative Leave without pay until the IA investigation is completed, have not order Ross to return the $2,400 laptop, nor have they rescinded the pay raise are clear indications they intend to do absolutely nothing. What is even more troubling is that it was Paulette R. Diaz, who likely falls under the legal definition of a whistle blower, has been transferred to a completely different department, the Animal Welfare Department.

When Chief Geier says “I did not remember seeing the actual amount of the raise being listed on his memo or did not look at it with any scrutiny since I trusted John” you can only envision that John Ross is APD’s version of “Radar” O’Reilly and APD Chief Geier is APD’s version of clueless Lieut. Col. Henry Blake on the TV series MASH where Pvt. Radar O’Reilly was always slipping orders and documents to be signed and not read by Col. Blake.

POLITICIZING A LAW ENFORCEMENT DEPARTMENT

When Diaz makes references of interference from Mayor Tim Keller and CAO Sarita Nair, saying they have provided Geier with conflicting directives about how to address the issues with Chief of Staff John Ross, it is clear proof that the CAO and the Mayor are getting involved into the minutia of enforcing personnel rules and regulations which is very troubling. Diaz wrote:

“Those directives do not support you running this department and the Mayor’s office should not be entertaining private discussions with John, or even [Deputy Chief of Police] Medina for that matter, that run contrary to adherence to the chain of command or are done for their own personal reasons.”

The transfer of Paulette Diaz form the 4th floor Offices of APD’s Main Office as Chief Geier’s Administrative Support to the Animal Control Department, and the comments made by City Attorney Estaban Aguilar and APD Spokesman Gilbert Gallegos smack of political retaliation against a whistle blower.

The Chief Administrative Officer Sarita Nair does have the duty and responsibility to enforce the city’s personnel rules and regulations. However, no Mayor has any business getting involved with personnel matters as described by Diaz and it smacks of political influence over a department that should be devoid of politics. Chief Geier has over 40 years of experience in law enforcement and is a former Rio Rancho Police Chief, he should know what he is doing when managing the Department, yet Nair and Keller, neither who has ever managed a law enforcement department and getting involved, sends the wrong message to APD’s chain of command.

REPUGNANT COMMENT REFLECTING INCOMPETENCE

After reading both the July 13 memo to Chief Geier from Paulette R. Diaz and Chief Geier’s to APD’s Internal Affairs unit asking for an investigation into his Chief of Staff Ross, it’s downright repugnant that APD Chief Michael Geier would actually say “This is nothing more than petty water-cooler talk.” If APD Chief Geier actually feels that way, Chief Geier needs to be thanked for his services by Mayor Tim Keller and be terminated along with his Chief of Staff John Ross. This is one season of MASH that needs to be cancelled.

On Wednesday, July 29, the Albuquerque Journal ran a story that the city “may take legal action” against the Rising Phoenix apartment complex. A link to the full Albuquerque Journal article is here:

https://www.abqjournal.com/1480773/city-may-take-landlord-to-court-ex-range-of-violations-at-the-rising-phoenix-apartment-complex-remain-unfixed.html

The Rising Phoenix is a 6 building apartment complex just north of the New Mexico Veterans Memorial located on Louisiana Blvd SE in the Trumbull Village area of Albuquerque. The apartments were built in 1975. According to its on line web page, the Rising Phoenix has 511 apartments offering 3 categories of apartments: 326 sq. ft. renting for $776 a month, 462 sq. ft. renting for $985 a month, and 753 sq. ft. renting for $1,087 a month.

https://www.apartments.com/rising-phoenix-albuquerque-nm/1kn8j16/

ENFORCEMENT ACTION

In October, 2020 the City of Albuquerque Code Enforcement Division of the Planning Department inspected the apartment complex and cited the Rising Phoenix for numerous housing code violations affecting occupancy. Those code violations included exposed electrical wiring, broken windows and doors, inoperable bathroom ventilation fans, bathrooms and kitchens without hot water, missing or non-working fire extinguishers, a hole in a second-story walkway, a missing gas meter and vacant apartments that had been occupied by “trespassers” engaged in “criminal activity.” City inspectors also found an accumulation of discarded items outside some buildings, including trash, old mattresses, weeds and syringes.

After the code violation citations were issued, the City Planning Department gave the property Mihail Koulakis of Texas time to make repairs and bring the property into compliance. On May 25, the City, not satisfied with the progress of improvements made entered into a “nuisance abatement agreement” with the apartment complex owner. The property owner agreed to make repairs, clean up the property and keep it maintained in exchange for the city not taking any further action. The nuisance abatement agreement calls for management to trim shrubbery and trees, install and maintain security cameras, post signs saying the property is monitored by security cameras, install no trespassing signs, and put up fencing to prevent unauthorized entry onto the premises. As long as the repairs set out in the agreement were made as scheduled the city agreed to defer all civil, criminal and administrative action until at least Oct. 6, 2020

On July 9, Albuquerque City Councilor Pat Davis, whose district the complex is in, visited with residents of the apartments. Davis said he saw that the apartment owner “had done absolutely nothing, so I asked city legal to move forward,” because waiting until October would put the residents at risk. Although there is currently an eviction freeze, Davis said, the residents have few options, particularly during the COVID pandemic and said:

“They’re supposed to stay home, and this isn’t a good place for that. … The point of the abatement agreement is to get the owner and the city to work together and, thus far, the owner has not upheld his end.”

On Friday, July 31, Maia Rodriguez, a spokeswoman for the city’s Planning and Environmental Health departments reported that the city is in negotiations with the property owner for non-compliance with an existing nuisance abatement agreement. According to Rodriguez, failure of the negotiations could result in the city filing a civil cause of action for nuisance abatement in court.

PROPERTY OWNER RESPONDS

On Wednesday, July 29, the Albuquerque Journal ran a story that the city “may take legal action” against the apartment complex. According to the story, Albuquerque attorney, Sean Calvert, said his client’s company, MKJS I and II, purchased the complex in 2018 as a “distressed” property and has already “put a whole lot of money into it.” According to Calvert, many of the violations and problems at the complex existed prior to his client’s purchase of the complex. Calvert asserted that the city bears some responsibility for not stopping homeless people who congregate at nearby Phil Chacon Park from entering the complex, and breaking into and vandalizing vacant apartments. According to Calvert:

“Police keep pulling [homeless] people out of Rising Phoenix and ushering them back across the property boundary, but then they come back, and break doors and windows to regain access.”

When contacted by the Journal, a representative of the management team declined to provide information, including the number of people living in the complex and the number of units that are Section 8 or otherwise subsidized.

SQUATTERS HAVE NO PROPERTY RIGHTS

On Wednesday, August 12, KOB Channel 4 did an update report on the City’s efforts in demanding the owner of the Rising Phoenix Apartments clean up the property. It was reported that “squatters” who lived at the apartment are now concerned that they will have to find a new place to stay. According to an APD spokesperson, APD officers were dispatched to the property August 12 after reports of trespassing.

APD found a man with meth, two people with felony warrants and two others with misdemeanor warrants.

According to the City, the property managers have until August 17 to move people out of badly damaged buildings, put up fencing and hire security. City officials confirm Fannie Mae has allocated $2 million to the property managers to try and get the complex into compliance quickly.

One person identified as Christopher Krebsbach, admitted to being a meth user and living at the complex for free and said:

“I’m living in an abandoned apartment. … I’ve been here since March.”

Krebsbach said he was worried about police violating his civil liberties after what he saw and claimed:

“They were searched illegally because none of them, none of them all said it was OK to be searched. And many of them were hauled off – I believe we saw seven people. I feel as though [sending police] was a form of intimidation. [Where squatters will live if kicked out] … is something that we always worry about, all of us do. … Some more than others.”

City Councilor Pat Davis was interviewed and said it’s in the property owner’s right to call police to kick people out who are living there illegally.

https://www.kob.com/albuquerque-news/squatters-express-concerns-after-albuquerque-property-is-forced-to-clean-up/5824946/?cat=500

PROPERTY RIGHTS VERSUS HUMAN PLIGHT

Property rights are favored under the law and there is absolutely no question that “squatters” have no property rights of occupancy of another’s real property. It is the responsibility of the real property owner to take steps to have squatters removed. Eviction and removal of people who are squatters on another person’s property is in fact accomplished in any number of ways including personal intervention by the property owner, requesting the Sheriff’s Office or APD for assistance, filing criminal charges for trespassing and seeking removal and arrest. However, for an elected city councilor to intervene to enforce the real property rights of another and seeking news coverage for such matters is nothing more than a publicity stunt.

What is so damn laughable is that Mr. Progressive Pat Davis proclaims “it’s in the property owner’s right to call police to kick people out who are living there illegally” while ignoring the apparent desperate situation of the those that are squatting in empty apartments. Evictions are only part of the solution. The city has available any number of resources and programs and spends millions each year within the Department of Family and Community Services to deal with the homeless, including providing vouchers, temporary housing and drug addiction counseling, but Davis is more interested in just eviction of squatters. Pat Davis says nothing about what efforts are being made by the city to help those that are homeless and so desperate that they become squatters at the “Rising Phoenix.” Pat Davis has his eyes on the news camera and not the problem of squatters and the homeless.

PAT DAVIS CONTINUES WITH HIS PATTERN OF PUBLICITY SEEKING WAYS

It is more likely that not that it was City Councilor Pat Davis that alerted both the Albuquerque Journal as well as Channel 4 about the code enforcement action taken against the Rising Phoenix. Davis has an extensive history for seeking publicity under the pretense that he is doing something for his constituents with enforcement of the city’s code enforcement and nuisance abatement.

One of the first times he did so was back in 2018.

On November 14, 2018 Channel 4 did an “investigative report” about the cities’ efforts to take civil code enforcement action against motels on central that had hundreds of calls for service for a variety of crimes, including auto thefts, assaults, domestic violence and violent crimes such as rape and murder. You can view the report here:

https://www.kob.com/investigative-news/4-investigates-albuquerque-hotels-draw-hundreds-of-police-calls/5145408/?cat=500

It was reported that motels had become “magnets for crime” and nuisance properties under the law and city ordinances. The report featured City Council Pat Davis who talked about city ordinances and laws he has no real knowledge about.

Pat Davis said that for years, the city lacked a willingness to go after so-called nuisance properties. Davis knew that because he was part of the problem. Those years the city lacked a willingness was from 2010 to 2017 under the previous Berry Administration, but Davis did not disclose that fact.

Davis went so far as saying there’s a “new approach” which makes hotel owners more accountable for crimes on their property. No, Councilor Davis, it was not a “new” approach. It was an approach that was abandoned, Davis knew that but made no mention of it.

Davis went so far as to say:

“Neighbors are starting to demand we do more to address these problem properties and quite frankly we should. It’s not just the city fighting back, the court is willing to back us up … If you want a sort of scumbag motel in Albuquerque right now you look at what happened in the Sahara [hotel which is under a court order] and you realize that you could be next.”

Such bravado coming from a City Councilor who did absolutely nothing to help fund the Safe City Strike Force but voted repeatedly to fund the disastrous ART Bus project for millions and refusing to put it on the ballot.

SAFE CITY STRIKE FORCE WAS SOLUTION

From 2002 to 2009, the Safe City Strike Force was formed to combat blighted commercial and residential properties. Thirty (30) to forty-five (40) representatives from the Albuquerque Police Department, the Albuquerque Fire Department, the Fire Marshal’s Office, the Planning Department Code residential and commercial code inspectors, Family Community Services and the Bernalillo County District Attorney’s Office participated and comprised the strike force.

Seventy (70) to one hundred fifty (150) properties a week, both residential and commercial properties would be reviewed by the Safe City Strike Force. The Albuquerque City Council would be given weekly updates on the progress made in their districts on the nuisance properties identified by the Strike Force. The Safe City Strike Force routinely prepared condemnation resolutions for enactment by the Albuquerque City Council to tear down substandard buildings, including commercial buildings. Over 8 years, the Safe City Strike Force took civil enforcement action against some 6,500 properties, both commercial and residential.

From 2010 to 2017, Mayor Richard Berry and Chief Administrative Officer Rob Perry steadily dismantled the Safe City Strike Force to the point that it existed in name only with only a Director and a few code inspectors assigned to it.

In 2018, in his first budget ever submitted, Mayor Tim Keller made a firm commitment to reinstate the Safe City Strike Force when he requested $3.9 million for the city’s Code Enforcement Department and the Safe City Strike Force in the adopted 2018-2019 budget. $1.5 million in additional public safety spending was added by the city council. The Safe City Strike Force and the Planning Department received a funding bump of $425,000 for the 2018-2019 fiscal year. $125,000 was allocated to hire two additional code enforcement specialists. $300,000 was allocated to secure or demolish neglected structures.

SAFE CITY STRIKE FORCE SUCCESS

The success of the Safe City Strike Force is clear and unmistakable and can be summarized in part as follows:

TEAR-DOWNS AND BOARD UPS

The Safe City Strike Force was responsible for the tear down of an entire residential block of homes located at 5th Street and Summer in the Wells Park neighborhood area located north of downtown Albuquerque. There were a total of 21 abandoned and vacant, boarded up properties that could not be repaired, owned by one elderly woman who agreed allowed a tear down of the structures by the City.

A voluntary tear down of an entire strip mall was negotiated by the Strike Force. The strip mall had been boarded up for years, beyond repair, located near the former Octopus Car Wash on Menaul Street and Eubank. The strip mall was constantly being broken into, with fires being set by the homeless, and at one time a dead body was found at the location.

Two long vacant and vandalized restaurants, the Purple Plum and a Furr’s cafeteria, both on far North-East heights Montgomery, were torn down by the Safe City Strike Force.
One year, Albuquerque experienced a large spike in meth labs where almost 90 meth labs were found and identified and where the Safe City Strike Force was asked for assistance with contamination clean up.

CENTRAL MOTELS

The Safe City Strike Force required commercial property and motel owners to make repairs and they were required to reduce calls for service and address security on their properties.

The Safe City Strike Force took code enforcement action against 48 of the 150 motels along central and forced compliance with building codes and mandated repairs to the properties. The Central motels that were demolished were not designated historical and were beyond repair as a result of years of neglect and failure to maintain and make improvements.

Central motels that had historical significance to Route 66 were purchased by the City for renovation and redevelopment.

The Central motels that the Safe City Strike Force took action against included:

The Gaslight Motel (demolished)
The Zia Motel (demolished)
The Royal Inn (demolished)
Route 66 (demolished)
The Aztec Motel (demolished)
The Hacienda
Cibola Court
Super-8 (renovated by owner)
The Travel Inn (renovated by owner),
Nob Hill Motel (renovated by owner)
The Premier Motel (renovated by owner)
The De Anza (purchased by City for historical significance)
The No Name
The Canyon Road (demolished)
The Hilltop Lodge
American Inn (demolished)
The El Vado (purchased by City for historical significance and now renovated and reopened)
The Interstate Inn (demolished).

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair.

When people were displaced by enforcement actions taken by the Safe City Strike Force, the City’s Family and Community Services Department would provide vouchers to the displaced and assist in locating temporary housing for them and making sure people were not thrown out onto the streets.

VIOLENT BARS

The Safe City Strike Force took action against violent bars on Central that were magnets for crime. Many Central bars have hundreds of calls for service a year placing a drain on law enforcement resources.

A few of the bars located on or near Central that were closed or torn down by the Safe City Strike Force include the Blue Spruce Bar, Rusty’s Cork and Bottle, the Last Chance Bar and Grill and Club 7. The Safe City Strike Force closed Club 7 and the owner was convicted of commercial code violations.

The city attorney’s office in conjunction with the Bernalillo County District Attorney’s office brought criminal charges against and convicted the Club 7 downtown Central Avenue bar owner that hosted a “rave” that allowed under age participants to mingle with adults and where a young girl was killed.

CONVENIENCE STORES

The Safe City Strike Force took enforcement action against a number of convenience stores on Central that had substantial calls for service to APD. In 2005, The Safe City Strike Force identified convenience stores that had an unacceptable number of “calls for service” which resulted in the convenience stores being considered a public nuisance by the Albuquerque Police Department (APD). Outdoor phones at the convenience stores used for illicit drug transactions were identified.

APD felt the convenience stores were relying upon APD to provide security at taxpayer’s expense rather than hiring their own private security company. In 2005, the Strike Force negotiate a stipulated settlement agreement with three major convenience store corporate owners of seventeen (17) convenience stores throughout Albuquerque and they agreed to pay for private security patrols.

FLEA MARKETS

The Safe City Strike Force was responsible for the closure of Louie’s Flea Market and the Star Flea Market, two Westside flea markets both on Old Coors Road South of Central. The flea markets brought down property values. Both flea markets had been around for decades and caused extreme traffic congestion on weekends they operated causing problems for the established or developing residential areas. Both flea markets were found by the Albuquerque Police Department to be locations where stolen property was being sold and both had an excessive number of calls for service.

In 2010, the previous Republican administration began to dismantle and reduce funding for the Safe City Strike Force. At the beginning of 2018, the Safe City Strike Force had one employee, its director, and the Safe City Strike Force existed in name only.

MAYOR KELLER’S “ADAPT” PROGRAM REPLACED SAFE CITY STRIKE FORCE

In July, 2019, Mayor Tim Keller announced the creation of the “Addressing Dilapidated and Abandoned Property Team” (ADAPT). The ADAPT program supposedly relies on new data to target the worst 100 nuisance properties in the city. The goal of the ADAPT program aims to get dilapidated and crime-riddled homes a fresh start. The program is part of the Fire Marshal’s office. Confidential sources within City Hall reported that Mayor Tim Keller and his City Attorney felt the Safe City Strike Force had too much of an “aggressive sounding title”, and they did not believe it fit into Keller’s “ONE ABQ” slogan. The city wanted to soften the approach to nuisance abatement and that is the primary reason for the ADAPT program.

Under the ADAPT program, city officials meet with homeowners and property owners to address crime and code enforcement problems in hopes of turning things around. According to the city, it has 124 properties enrolled in the ADAPT program and the city claims 96% of those property owners are working to fix the problems. According to Albuquerque Fire Rescue spokesperson Lt. Tom Ruiz:
“The whole premise of the ADAPT program is to help the property owners, not punish them.”

In the 2019-2020 approved City budget, a mere $711,000 was allocated for Mayor Keller’s ADAPT Program. Mayor Keller’s “ADAPT” program essentially replaced the funding of the Safe City Strike Force contained in the 2018-2019 fiscal budget. The Safe City Strike Force exists in memory only at city hall.

COMMENTARY AND ANALYSIS

It is pathetic that one lone City Councilor, especially the likes of Pat Davis actually thinks he is taken seriously when he complains about the living conditions of renters at an apartment complex that are out of sight and out of mind to the property owner that does not even live in the state of New Mexico. For the last 6 years, Davis has attempted to take action against many a nuisance property in within his District such as the Rising Phoenix, including trying to enact new ordinances, with little or no success.

Simply put, diplomacy and patience is often a waste of time with property owners who refuse to invest and keep their properties up to code. During his first term in office, Davis was repeatedly asked to take steps and fully fund and staff the Safe City Strike Force, but he refused thinking he had a better plan which resulted in plenty of press for him but no results. City Council President Pat Davis needs to stand down with his publicity seeking ways and allow the professionals within the City’s Attorney’s Office to take over. What Davis should be doing is demanding that the Mayor and City Attorney do their jobs when it comes to enforcing the nuisance abatement laws.

Mayor Tim Keller’s new “Addressing Dilapidated and Abandoned Property Team” (ADAPT) program is nothing more than extensively watered-down version of the Safe City Strike Force. ADAPT is essentially a “passive aggressive” approach by the Planning Department to deal with residential and commercial property owners. Such an approach usually does not work with out of state property owners as is evidenced by the Rising Phoenix. The Safe City Strike Force for a full 8 years showed immense success in dealing with meth labs, crack houses and magnets for crime, especially when legal action was taken by the city attorney’s office against slumlords.

What Mayor Keller and the City Attorneys office fail to understand is that the passage of time and the delay to make repairs to apartment complexes that should be made add nothing more than misery and a slogan of One ABQ is meaningless when their own quality of life is affected.

The City of Albuquerque has one of the strongest Nuisance Abatement Ordinances and New Mexico has some of the strongest state statutes in the country on nuisance abatement with court rulings defining nuisance. The law allows the City Attorney’s Office to take aggressive code enforcement action against slumlord’s blighted properties, both residential and commercial, that have become nuisances and magnets of crime resulting in calls for service to APD. Such calls are a drain on police resources. You can read the city ordinances and state statues in the postscript below.

Under existing ordinances, civil and criminal action can be taken against property owners and the properties that have become a nuisance and a danger to public safety. Under existing city ordinances, property owners can be cited for code violations for not maintaining their properties up to city codes. The city nuisance abatement laws provides that a magnet for crime property is one that has an extensive history of calls for service to the Albuquerque Police Department (APD). They are properties where crime occurs that would allow a District Court to declare the property a nuisance.

CONCLUSION

The City of Albuquerque and the State of New Mexico have some of the strongest nuisance abatement laws in the county. A summary of those laws are provided in the postscript below. Crime rates can be brought down with civil nuisance abatement actions that protect the public health, safety and welfare of the public. It is very disappointing that Mayor Tim Keller reneged on his decision to reinstate the Safe City Strike Force when the decision was made to replace the Safe City Strike Force with his own ADAPT program. The Strike Force was a proven and effective program and was recognized as a best practice nationally. Mayor Keller’s ADAPT program sends the wrong message that he wants city residents and property owners to be content and ADAPT to the fact the city really does not want to do anything about nuisance, substandard and abandoned properties.

As far as phony progressive City Councilor Pat Davis is concerned, he needs to step aside and allow the professionals at city hall to deal with nuisance laws as well as allow the city to step in and continue with its efforts to help and assist the homeless and the drug addicted who become squatters on other people’s properties.

NEWS UPDATE

On Friday, August 14, it was reported that the Rising Phoenix has been placed in receivership after the owner, Mihail Koulakis of Texas and his MKJS Investments I and II, relinquished control. On July 27, 2nd Judicial District Court Judge Erin B. O’Connell file a Court Order appointing Kathleen Danuser of the international company Greystar Real Estate Partners, as the receiver of the property. Fannie Mae, the Federal National Mortgage Association, is listed on the court filing as the Plaintiff and will be providing $2 million to Greystar to secure the property and make all necessary repairs and improvements to bring it into compliance city codes. Danuser will serve as the receiver until the court enters another order terminating or discharging her. She will be paid $1,000 a month, plus reimbursement for reasonable out-of-pocket expenses. The receiver is also authorized to eventually sell the property on behalf of the owner, subject to court approval.

“Among the violations described in the nuisance abatement agreement were exposed wiring and other electrical problems, broken windows and doors, bathrooms and kitchens without hot water, missing or nonworking fire extinguishers, and vacant apartments that had been occupied by trespassers engaged in “criminal activity.” According to the nuisance abatement agreement, between September 2018 and September 2019, Albuquerque police officers responded to complaints at the apartment complex that included aggravated assault, aggravated battery, arson, auto burglary, auto theft, breaking and entering, robbery, robbery with a deadly weapon, criminal damage to property, criminal trespass, larceny and various drug-related offenses.”

https://www.abqjournal.com/1486239/problemplagued-apartments-placed-in-receivership.html

_____________________________________

POSTSCRIPT ON THE LAW OF NUISANCE

NEW MEXICO STATUTES ON NUISANCE ABATEMENT

New Mexico statute defines a “public nuisance” as consisting “of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either:
“A. Injurious to public health, safety and welfare; or
B. Interferes with the exercise and enjoyment of public rights, including the right to use public property.
Whoever commits a public nuisance for which the act or penalty is not otherwise prescribed by law is guilty of a petty misdemeanor.”
(30-8-1, NMSA 1978, Public Nuisance defined).
The New Mexico legislature has also empowered municipalities very broad authority to define a nuisance, abate the nuisance and impose penalties and initiate civil causes of action.
State statute provides that “A municipality may by ordinance … define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist. …”

(3-18-17 Nuisances and Offenses; Regulation or prohibition)

State statute also grants municipalities with broad powers and provides that:

“A municipality may:
A. sue or be sued; ….
F. protect generally the property of its municipality and it inhabitants;
G. preserve peace and order within the municipality; …”

(3-18-1 General Powers (of Municipality)”

Note that the creating, performing or maintaining a public nuisance is a crime under state law, which would be prosecuted in a magistrate court or metropolitan court. Under New Mexico law, a petty misdemeanor is the very least serious crime for which a person can be sentenced to time in jail. The sentence for a petty misdemeanor in New Mexico can never be more than six months in jail or a fine up to $500, is usually up to 30 days in jail and a $100 fine or both, depending on the offense and the penalties can also be suspended by the court.

Notwithstanding being a criminal charge, actions to abate a nuisance are civil actions that must be filed in state district court. New Mexico statutory law provides that any action for the abatement of a public nuisance shall be governed by the general rules of Civil Procedure.

(30-8-8, NMSA 1978 Abatement of a public nuisance.)

Under New Mexico law, “a civil action to abate a public nuisance may be brought, by verified complaint by any public officer or private citizen, in state district court of the county where the public nuisance exists, against any person, corporation or association of persons who shall create, perform or maintain a public nuisance.”

(30-8-8, B, NMSA 1978, Abatement of a public nuisance, emphasis added)

When a plaintiff prevails and proves that a nuisance exists and a judgment is given against a defendant in an action to abate a public nuisance, the district court can order the defendant responsible for the nuisance to pay all court costs and attorney fees for the plaintiff’s attorney.

(30-8-8, C, NMSA 1978, Abatement of a public nuisance, emphasis added)

The huge significance is that both public officials as well as private citizens can bring an action for nuisance abatement.

Another major distinction is the burden of proof between a criminal charge and a civil cause of action. A criminal charge requires the state to prove a defendant is guilty “beyond a reasonable doubt”. A civil case requires proof by “preponderance of the evidence” by a plaintiff.

In general, with few exceptions, only law enforcement or state prosecutors can bring petty misdemeanor charges for public nuisance. However, any private citizen or public official, such as a District Attorney or City Attorney, or any lay person with money for the court filing fee, can initiate a civil nuisance abatement action for injunctive relief and if they prevail can be awarded attorney’s fees and costs.

ALBUQUERQUE CITY ORDINANCES DEFINING NUISANCE

In 1994, exercising the authority granted to it by the state, the City of Albuquerque enacted its nuisance abatement ordinance and then amended it 2006 to add offenses under the state criminal code and city housing and construction codes.

The City of Albuquerque ordinance defines a nuisance property as “any parcel of real property, commercial or residential, on which …illegal activities occurs, or which is used to commit conduct, promote, facilitate, or aide the commission of … any … [crimes or housing code violations].” (See 11-1-1-3, city ordinance defining Public Nuisance)

The nuisance abatement ordinance lists misdemeanor and felony statutes and housing and commercial codes.

Albuquerque’s Nuisance Abatement Ordinance states:

“It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in real property … or other personal property to intentionally, knowingly, recklessly, or negligently commit, conduct , promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession.” (See 11-1-1-10, Public Nuisance Prohibited)

The City’s Uniform Housing Code defines a nuisance in part as “Any nuisance known at common law …” or “whatever is dangerous to human life or is detrimental to health, as determined by the health officer” or “any violation of the housing standards” required by the building and housing codes. (See 14-3-1-4, ROA 1994, Housing Code defining Nuisance).

In 2004 the city enacted the Vacant Building Maintenance Act which requires property owners to register their vacant buildings, repair them and keep them maintained. Albuquerque’s housing and commercial codes define substandard structures and there are provisions that allow inspections and civil code enforcement actions.

Under existing city ordinances, property owners can be cited for code violations for not maintaining their properties in compliance with city codes.

Under the nuisance abatement ordinance, aggressive code enforcement action against blighted properties, both residential and commercial, can be taken where it is found that that the properties have become a nuisance and magnets of crime resulting in calls for service to the Albuquerque Police Department.

The city’s nuisance abatement ordinance defines nuisance as:

“Any parcel of real property, commercial or residential, … on which
any of the following illegal activities occurs, or which is used to commit
conduct, promote, facilitate, or aide the commission of … any of
the following activities: …

At this point, the ordinance lists crimes in the state’s criminal code as well as the city’s building and construction codes.

(City of Albuquerque Nuisance Abatement Ordinance, Section 11-1-1-1, Section 11-1-1-3 of ordinance defining “Public Nuisance”)

The city’s nuisance abatement ordinance prohibits “public nuisances” as follows:

“It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in real property …or other personal property to intentionally, knowingly, recklessly, or negligently commit, conduct , promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession.”

(11-1-1-10 PUBLIC NUISANCES PROHIBITED, City of Albuquerque.)

The City of Albuquerque’s Uniform Housing Code also defines “nuisance” as:

“(1) Any nuisance known at common law …
(2) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators; or any structurally unsound fences or structures; or any lumber, trash, fences or debris which may prove a hazard for inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewage or plumbing facilities
(7) Any violation of the housing standards set forth in this code.”
(14-3-1-4 ROA 1994 of Housing Code, Definitions)

NEW MEXICO CASE LAW ON DEFINING A NUISANCE

The New Mexico Supreme Court and the Court of Appeals has issued opinions and rulings on what constitutes a nuisance.

Under New Mexico court case law nuisances are classified as nuisances per se and nuisances in fact.

“A nuisance per se is generally defined as an act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of location or surroundings … [A] nuisance in fact is commonly defined as an act, occupation, or structure not a nuisance per se, but one which may become a nuisance by reason of circumstances, location, or surroundings.” (Koeber v. Apex-Albug Phoenix Express, 72 N.M. 4; 380 P.2d 14; 1963, New Mexico Supreme Court).

Further, it is well settled that a court may enjoin a threatened or anticipated nuisance, public or private, where it clearly appears that a nuisance will necessarily result from the contemplated act or thing which it is sought to enjoin. (Koeber v. Apex-Albug Phoenix Express, 72 N.M. 4; 380 P.2d 14; 1963, New Mexico Supreme Court).

A public nuisance must affect a considerable number of people or an entire community or neighborhood. (Environmental Improvement Div. v. Bloomfield Irrigation Dist., 108 N.M. 691, 778 P2d 438, New Mexico Court of Appeals 1989).

A common law “public nuisance” which is similar to the public nuisance statute, is the unreasonable interference with the right common to the general public, belonging to all members of the general public. It is not necessary that the entire community be affected by a public nuisance. If the nuisance will interfere with those coming in contact with the exercise of a public right or if the nuisance otherwise affects interests of the community at large. (State, ex rel, Village of Los Ranchos de Albuquerque v. City of Albuquerque, 889 P.2d 185, 119 NM 150.)

A public nuisance is a wrong that arises by virtue of unreasonable interference with the rights common to the general public. The Public nuisance statute applies to anything affecting “any number of citizens” meaning a considerable number of people or an entire community or neighborhood. (NMSA 1978, 30-8-1 and State, ex rel, Village of Los Ranchos de Albuquerque v. City of Albuquerque, 889 P.2d 185, 119 NM 150.
Public nuisance is one which adversely affects public health, welfare, or safety. A public nuisance affects the rights of citizens as part of the public and must affect a considerable number of people or an entire community or neighborhood. A continuing nuisance is one which occurs so often that it can fairly be said to be continuing although it is not constant and unceasing. (Padilla v. Lawrence, 101 NM 556, cert. denied 683 P.2d 1341, 101 NM 419.

The fact that acts constituting a public nuisance are punishable criminally does not deprive a court of its power to enjoin a public nuisance where there is ample proof of irreparable injury to public health, welfare, or safety. (Town of Clayton v. Mayfield. 82 NM 596, (involved operation of a junk yard that was unfenced and contained old cars). See also, State, ex rel, Marron v. Compere, 103 P.2d 273, 44 NM 414.

For a related blog article see:

“New Approach” To Combat Nuisance Properties Nothing New At All

It’s official. Former Vice President Joe Biden has selected first term California Senator Kamela Harris as his running mate for Vice President. She is an excellent choice and her campaign skills and talents are sorely needed. What a striking contrast she will make to Vice President Mike Pence when they debate. “A Programmed Machine” vs a “Metal Shredder”.

Kamala Harris won her first election in 2003 when she became San Francisco’s district attorney. In 2010, she was elected California’s attorney general, the first woman and Black person to hold the job, and focused on issues including the foreclosure crisis. She declined to defend the state’s Proposition 8, which banned same-sex marriage and was later overturned by the U.S. Supreme Court.

In choosing Harris, age 55, Biden has made history by selecting a qualified woman and person of color and embracing a former rival from the Democratic primary who is familiar with the scrutiny and rigors of a national campaign. Born to a Jamaican father and Indian mother, she is without a doubt broken more than a few barriers.

Her law enforcement background has prompted skepticism from some progressives, which always seems to be the case whenever progressives are confronted with having to vote for a prosecutor for any elective office. Senator Harris’ record as California Attorney General and before that as District Attorney in San Francisco was heavily scrutinized by progressives during the Democratic primary. Her record as a strong and effective prosecutor turned many progressives and younger Black voters off who saw her as out of step on issues of racism in the legal system and police brutality. The truth is, all too often law enforcement and aggressive prosecutors are labeled as “conservative” and therefore unacceptable to any progressive litmus test.

During her run for President, Kamala Harris tried to strike a balance with progressives, declaring herself a “progressive prosecutor” who backs law enforcement reforms. Truth is crime must be prosecuted and not ignored because of a person’s background nor color. It also includes prosecuting law enforcement who do not follow the constitution and who violate people’s civil rights. The prosecution of crime must be color blind, whether its skin color or blue uniform. The criminal justice system and law enforcement need reform, as does sentencing reform, but that does not mean total dismantlement of the criminal justice system being advocated by the “defund the police” movement.

Grab yourself some refreshments and get ready to rumble!

The “Citizen Satisfaction Survey” is a research study commissioned by the City of Albuquerque to assess residents’ perceptions of the overall quality of life in Albuquerque, satisfaction with City services, and issues relating to crime, safety, and the economy. On January 21, the City of Albuquerque released the results of the 2019 study. The survey was of 607 adults living in Albuquerque and conducted November 8 to 24, 2019 and has a margin of error of plus or minus 4% points. The poll was conducted by Research & Polling Inc. https://www.rpinc.com/

The survey questionnaire consisted of 48 questions. The final survey report is 105 pages long and contains multiple bars and graphs to illustrate the results. Research & Polling Inc. is New Mexico’s largest full-service market research and public opinion research company. Founded in 1986, the company today serves a wide variety of prominent national and New Mexico clients. The Albuquerque based polling firm is considered the very best polling service as to accuracy in Albuquerque. The company’s President is Brian Sanderoff, a frequent election coverage commentator for local TV stations.

You can review the entire survey at this link.

https://assets.documentcloud.org/documents/6668008/FINAL-COA-Citizen-Survey.pdf

On August 5, 2020, the online news publication ABQ Reports published the following edited article written by its Editor Dennis Domrzalki and reporter Dan Klein regarding citizens concerns for crime:

HEADLINE: Poll: 67 percent of ABQ residents think crime is getting worse; 83 percent want more cops. Is Mayor Timmy listening?

August 5, 2020
By: Dennis Domrzalski and Dan Klein

– The survey shows that by huge margins ABQ residents think that crime is getting worse and that we need more cops—not fewer cops—to make the city safer.

– Of those surveyed, 67% think crime is getting worse in the city.

– The poll showed that 83% of residents believe the city must hire more cops in order to make the city safer.

[On August 4, ABQ Reports] … asked if anyone out there—the news media, the city council or … [Mayor Tim Keller] —would ask the 560,213 Albuquerqueans who aren’t serial protesters how they feel about all the rioting, crime, violence and craziness going on in our city right now.

[The link to the article is here:

https://www.abqreport.com/single-post/2020/08/04/Same-200-protesters-What-about-the-560213-ABQ-residents-who-dont-protest

Well, it turns out that there was a survey done and it isn’t good for…[Mayor Keller] and his leftist cronies at City Hall.

The survey was done in January by Research and Polling, Inc., and it shows that by huge margins ABQ residents think that crime is getting worse and that we need more cops—not fewer cops—to make the city safer.

Of those surveyed, 67% think crime is getting worse in the city. That’s 67% who think that crime is getting worse in the city! Mayor Timmy and city councilors, are you listening?

The survey, which was commissioned by the Albuquerque Police Officers Association, showed that 83% of residents believe that the city must hire more cops in order to make the city safer. Two thirds of those surveyed, 66% said that crime here has had a negative impact on their quality of life. And a whopping 73% said that crime has had a negative impact on businesses in the city.

And the causes of crime? Well, 40% say it’s fueled by drugs and drug abuse.

Only 28% of those surveyed said that cops need additional oversight, rules and reform.

Again, this survey was done in January before all the craziness started. We would guess that the public perception about crime has only gotten worse since the riots, destruction and serial protesters took to the streets.

These survey results are devastating for the defund the police crowd and those who constantly demonize the police. Here’s the survey’s two main messages: People think crime is increasing, and they want more cops, not fewer of them.

If … [Mayor Keller] continues to let 200 to 300 serial protesters—and not the 560,213 people who don’t protest—steer and control the city’s agenda, he and his leftist and progressive cronies will be toast in next year’s mayoral election.

…

Why is Albuquerque allowing the same 200 very far left people to drive our city policy? Albuquerque has 560,513 people and … [it is] … greatly doubted [by ABQ Reports] that the majority want the craziness that these 200 are spouting. The Albuquerque Journal or another news organization should do a poll and ask the citizens of Albuquerque if they:

1. Want to defund the police (which would make for a much smaller department)?
2. Want to disband the police department?
3. Don’t want to accept federal law enforcement help to arrest career criminals?
4. Feel safe in Albuquerque?
5. Think crime is under control?
6. Think violent crime is going down?
7. Think property crime is going down?
8. Agree with [Mayor] Tim Keller’s far left progressive agenda?

It’s time for the media to stop giving the same 200 people air time. Let’s hear from the other 560,213 citizens.
… .”

The link to the article with graphics is here

https://www.abqreport.com/single-post/2020/08/05/Poll-67-percent-of-ABQ-residents-think-crime-is-getting-worse-83-percent-want-more-cops-In-Mayor-Timmy-listening

ABQ STATE OF POLICING 2020 ANNUAL SURVEY

The results of the Public Perception Survey conducted by Research and Polling released in January, 2020 are as follows:

83% of those surveyed said more police officers are needed to make the city safer.

73% of residents surveyed said they felt that crime has had “a negative or very negative impact” on business in Albuquerque.

67% of those surveyed believe that crime rates in Albuquerque are getting worse.

66%, or two thirds, of residents surveyed say crime has had a negative impact on their quality of life.

28% of those surveyed said police officers needed additional oversight, rules and reforms.

27% of those surveyed believe that crime rated in Albuquerque is about the same.

Those who were surveyed said the following factors are contributing to crime in the city:

40% illicit drugs and drug abuse
16% the homeless
13% the courts
11% felt not enough police officers

ABQ’S CRIME STATISTICS IN A NUTSHELL UNDER MAYOR KELLER

On Thursday, July 2, 2020 APD officials held a press conference to release the Albuquerque crime statistics for 2019. Given Mayor Keller’s words as to whose job it is to address crime, a synopsis of the statics during Mayor Tim Keller’s tenure is in order before the disclosure of the 2019 statistics by APD. The synopsis is required to focus on the statistics because statistics were falsely reported by the Keller administration for his first 18 months in office and the categories were then changed to comply with FBI crime reporting.

HOMICIDES

In 2018, during Mayor Keller’s first full year in office, there were 69 homicides.
In 2019, during Mayor Keller’s second full year in office, there were 82 homicides. Albuquerque had more homicides in 2019 than in any other year in the city’s history. The previous high was 72, in 2017 under Mayor RJ Berry. Another high mark was in 1996, when the city had 70 homicides.

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

As of August 7, there have been 41 homicides reported in Albuquerque for 2020.

https://www.koat.com/article/abq-homicide-cases-going-up-during-summer-months/33550332

HOMICIDE CLEARANCE RATES

For the past two years during Mayor Keller’s tenure, the homicide clearance percentage rate has been in the 50%-60% range. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, under Mayor Berry the clearance rate was 70%. In 2018, the first year of Keller’s term, the homicide clearance rate was 56%. In 2019, the second year of Keller’s term, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade.

VIOLENT CRIMES

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

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

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

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

DRUG OFFENSES

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

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

In 2019 during Keller’s second full year in office, total Crimes Against Society increased to 3,711 for a total increase of 346 more crimes or a 9% increase.
FROM #1 TO #2 IN AUTO THEFTS

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

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

On July 29, 2020 it was reported that Albuquerque ranks #2 in auto thefts by the National Insurance Crime Bureau which found that auto thefts in the four-county metro area are down in actual numbers and in the rate of thefts per 100,000 residents. According to the new NCIB report auto thefts in the metro area totaled 6,399 in 2019, a 10 percent drop from 2018, and a 36 percent decline from 2016 when auto thefts peaked at 10,001.

https://www.abqjournal.com/1480766/albuquerque-falls-from-top-auto-theft-spot.html

911 EMERGENCY RESPONSE TIMES

In 2009, under Mayor Martin Chavez, the average 911 emergency response time to calls, whether it was a life or death emergency or a minor traffic crash, was 8 minutes 50 seconds.
In 2011, under Mayor RJ Berry the average response times to 911 emergency calls was 25 minutes.
In 2018 and 2019, under Mayor Tim Keller, the average response times to 911 emergency calls spiked to 48 minutes.

RESPONSE TIMES OUT OF CONTROL

The time it takes for APD to respond to priority 1 calls has a major impact on increasing physical injury to victims or callers. On February 20th KOAT TV Target 7 reported on an investigation into the Albuquerque Police Department’s (APD’s) response times. In 2011, the average response time to all calls, whether it was a life or death emergency or a minor traffic crash was 25 minutes. In 2019, that time period spiked to 48 minutes in the average response time. Since 2011, there has been a 93% increase in 911 response times with 48 minutes now being the average time of arrival.

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

APD PERSONNEL SHORTFALL

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

POLICE SPENDING UNDER MAYOR TIM KELLER

The results of the city’s “State of Policing” 2020 annual survey confirms that resident opinions are indeed very accurate on many levels.

On December 1, 2017 Tim Keller was sworn into office and since taking office, APD has added 116 sworn police officers to the force. Keller is spending $88 million dollars 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. The massive investment is being done to full fill Mayor Keller’s 2017 campaign promise to increase the size of APD and return to community-based policing as a means to reduce the city’s high crime rates.

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, a far cry from the 1,200 sworn officers Keller promised.

BREAKING A PROMISE NOT TO RAISE TAXES

In 2017 when running for Mayor, State Auditor Tim Keller promised he would never raise taxes unless there was a public vote even if it was for public safety. Candidate Keller said he would draw from various agencies, departments and programs where large, misappropriated budgets existed to deal with any city deficit. Within 4 months after assuming Office, Mayor Keller agreed to and signed a city council-initiated $55 million dollar a year tax increase without voter approval, thereby breaking his campaign promise not to raise gross receipts taxes without a public vote. 80% of the new tax revenues were supposedly dedicated to public safety, yet $40 million went towards a projected deficit that never fully materialized.

Candidate for Mayor Keller promised to increase the size of APD sworn police ranks to 1,200. As of July, APD has less than 1,000 sworn police and not the 1,200 promised, despite the $88 million dollar expansion plan. According to January pay stubs, APD has 950 sworn police and graduated another 50 cadets in mid-March. After adding the new graduating class, and subtracting retirements, APD will still short by at least 200 of what was promised by candidate Tim Keller. With anticipated retirements the total number of sworn officers will be less than 1,000 by January 1, 2021 in that the corona virus has resulted in the cancellation of the Spring APD cadet class.

SOARING HEIGHTS FOR PUBLIC RELATIONS

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

Since being elected in November 2017, Mayor Tim Keller has implemented a public relations and marketing campaign to re brand the city image with his “One ABQ” slogan an using the slang nickname “BURQUE” for the city. Keller came up with a strained logo that rearranges the letters in the city’s name to reflect the slang name “BURQUE” in red letters with t-shirts and created a web page with slick videos promoting the city.

Since taking office, Keller has spent more than $312,000 dollars on his “One Albuquerque” positive image campaign and re branding the city as BURQUE. The City spent over $53,000 on the “One Albuquerque” letter sculpture that rearranges the letters in the city’s name to reflect the slang name “BURQUE”. $54,000 was spent on a “One Burque” sculpture.

With the corona virus pandemic taking a strangle hold on the city and state in February, Keller took instantly to conducting daily press briefings on the city’s efforts to deal with the corona virus and attempting to keep up with Governor Michelle Lujan Grisham’s daily briefings on the state level. Keller even went so far as to get the city council to add emergency health provisions to an archaic city ordinance that dealt with riots in the 1970’s so he could issue his own public health emergency orders. The corona virus pandemic has allowed Mayor Keller to take his public relations efforts to even higher levels to deal with the pandemic and to announce city initiatives and inform the public and to conduct “virtual townhall conference call town hall meetings” with the use of the 311 citizens contact center to call upwards of 13,000 people at once to answer questions.

COMMENTARY AND ANALYSIS

In 2017, candidate for Albuquerque Mayor Tim Keller campaigned to get elected Mayor on the platform of implementing the Department of Justice (DOJ) mandated reforms, increasing the size of the Albuquerque Police Department (APD), returning to community-based policing and a promise to bring down skyrocketing crime rates.

In August, 2017 Tim Keller when running for Mayor, had this to say about the city’s high crime rates:

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

For the first 18 months of his term Mayor Tim Keller tried repeatedly to take credit for crime rates being on the decline in all categories other than violent crime offenses, but the statistics he released were seriously flawed and mislead the public. In 2019, in response to the continuing increase in violent crime rates, Mayor Keller scrambled to implement 4 major crime fighting programs to reduce violent crime: the Shield Unit, Declaring Violent Crime “Public Health” issue, the “Violence Intervention Plan” (VIP program) and the Metro 15 Operation program. Based upon the statistics released, the Keller programs have had very little effect on reducing violent crime.

Although progress has been made with implementation of the DOJ reforms, APD still falls short in completing the reforms within 4 years as agreed to and reforms are still being implemented after a full 6 years. Increasing and growing APD to 1,200 has been somewhat anemic, with the number of sworn police by the end of the year projected to be 1,000.

Mayor Tim Keller can take some limited comfort that the statistics show Crimes Against Property have dropped by a little more than 10%. Property crime may be down, but it is still higher than when Keller was sworn into office.

The far more serious Crimes Against Persons increased by 1% to 14,971, with both aggravated assault and statutory rape showing significant increases. There were 80 murders in the City last year which was the highest number of murders in the city’s history, up from 69 the year before. There were also 2,796 drug offenses and 709 weapons violations.

Tim Keller no doubt sincerely thought he could do a better job than his predecessor and he could make a difference. The truth is, he has not. Crime in the city has only become worse since Tim Keller has taken office, especially in terms of violent crime.

Voters are very fickle and unforgiving when politicians make promises they do not or cannot keep. When 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%, or two thirds, of residents surveyed say crime has had a negative impact on their quality of life, it is an assured bet that no amount of data collection, public relations or nuance programs are going to turn public perception around any time soon.

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 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 a passing grade for his failed efforts 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. “BURQUE, Please Give Me More Time To Make One Albuquerque Safe” is not much of a slogan.

______________

POSTSCRIPT

Below are the total homicides, aggravated assault and violent crimes reported for the last 12 full years:

The number of HOMICIDES reported each year from 2008 to 2019 are:

2008: 38
2009: 56
2010: 42
2011: 35
2012: 41
2013: 34
2014: 30
2015: 42
2016: 61
2017: 72
2018: 69
2019: 82
2020: 42 as of August 3.

The number of AGGRAVATED ASSAULTS (assaults with deadly weapon) reported each year from 2008 to 2018 are:

2008: 2,960
2009: 2,597
2010: 2,971
2011: 2,910
2012: 2,740
2013: 2,803
2014: 3,121
2015: 3,273
2016: 3,846
2017: 4,213
2018: 3,885

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.

The total number of VIOLENT CRIMES (murder, rape, robbery and aggravated assault combined) reported each year from 2008 to 2018 are:

2008: 4,718
2009: 4,082
2010: 4,291
2011: 4,207
2012: 4,151
2013: 4,322
2014: 4,934
2015: 5,405
2016: 6,245
2017: 7,686 (Aggravated Assaults: 4,213, Non-Fatal Shootings: 470)
2018: 6,789 (Aggravated Assaults: 3,885, Non-Fatal Shootings: 491)

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.

https://www.cabq.gov/police/annual-reports/uniform-crime-reports