The words “bonehead” and “boneheaded” are slang terms that refer to someone who’s a blockhead, or who’s thick-headed or who is obstinate to the point of being stupid and who performs in a stupid or clumsy manner. In 2020, the New Mexico Boneheaded Award goes to the Republican Party and its Party Chairman Steve Pearce.

https://www.merriam-webster.com/dictionary/bonehead

https://wordsmith.org/words/bonehead.html

GOVERNOR LUJAN GRISHAM ANNOUNCES STATE ECONOMY REOPENING

On Friday, May 16, Governor Michell Lujan Grisham announced that New Mexico will proceed with a gradual, data driven approach to reopening the state’s economy. The Governor issued a revised public health order that took effect on Saturday, May 16 and it runs through May 31. The order requires that all residents when in public spaces must wear face coverings over the mouth and nose.

The revise order allows churches and other houses of worship to operate at 25% capacity offering more leeway than the governor had initially announced. Further, retailers and stores, including national chain stores known as “big box” retailers, can also operate at 25% of their maximum occupancy, rather than having separate standards for each category.

Dine-in restaurants, gyms, salons and movie theaters are still ordered closed, with the governor saying it’s not yet safe for them to reopen at full capacity. Restaurants are allowed to have “curb side” service offering take out. Full-service table dining at restaurants might be possible in early June according to Lujan Grisham depending on further progress.

TRANSMISSION RATE

New Mexico’s testing capacity for COVID-19 is ranked among the nation’s highest, on a per capita basis. According to the New Mexico Department of Health, as of May 17, New Mexico has conducted 122,727 tests that tested negative, 5,847 tests that tested positive, 1,739 reported recoveries and 259 deaths.

The major contributing factor for allowing the state to reopen for business is the state’s coronavirus transmission rate. The goal was to get the state’s coronavirus transmission rate down to 1.15, which means each infected individual transmits the virus to 1.15 other people. According to the state’s statistical modeling, the state’s overall transmission rate was at 1.16.

On May 15, Human Services Secretary David Scrase announced that even with deaths increasing, New Mexico has hit the targeted level of disease transmission of 1.15 for mid-May. Three of New Mexico’s five regions have reduced the spread rate below the 1.15 standard. But the northwestern and southwestern regions of New Mexico are above the 1.15 target goal which include the counties of Cibola County, McKinley County and San Juan County due to the high rate or COVID-19 cases. The three counties are ordered to remain closed entering the “preparation phase” for reopening.

https://www.abqjournal.com/1456413/governor-public-cooperation-vital-to-more-reopening.html

EMERGENCY FUNDING ORDER TO DEAL WITH PANDEMIC

Over the last two months, Governor Lujan Grisham has authorized over $35 million in emergency funding to deal with the pandemic health crisis. The emergency spending has been for protective equipment, testing supplies and other material as New Mexico battles the coronavirus pandemic.

The emergency funding Lujan Grisham has authorized includes:

• $30 million for the Department of Health to purchase personal protective equipment, testing supplies and other materials. $20 million has been used to purchase hundreds of thousands of pieces of protective equipment. The additional $10 million has been set aside if needed in case of a spike in virus infections.

• $3 million to a variety of state agencies to help children, families, older adults and people with disabilities, in addition to broader relief efforts.

• $1.5 million to the Department of Homeland Security and Emergency Management to coordinate relief efforts, and provide emergency medical aid and other services.

• $1 million for the National Guard to provide humanitarian assistance.

https://www.abqjournal.com/1456419/emergency-spending-orders-total-35-million-ex-governor-authorizes-funds-for-ppe-testing-supplies-and-national-guard-assistance.html

GOVERNOR’S REQUEST FOR COOPERATION MET WITH REPUBLICAN THREAT OF A LAWSUIT

In her announcement of reopening the state for business, the Governor emphasized in no uncertain terms that public cooperation is vital. She acknowledged that many or her orders are not popular, especially the wearing of face masks. Lujan Grisham compared the resistance to face mask orders to similar sentiments against mandatory car seats, air bags and seatbelts.

New Mexico Republicans from the get-go have been highly critical of the Democratic governor and her aggressive approach to get a handle on the pandemic. On May 15, shortly before Lujan Grisham’s news conference announcing the phased in reopening of the state for business, the State Republican Party announced they were preparing a lawsuit to stop her actions.

The New Mexico GOP announced that a “team of attorneys” has been assembled in preparation to file a lawsuit against the Democratic Governor. According to Republican party officials, specifics of the legal action will be made once the suit is filed.

House Republican Leader Jim Townsend had this to say about the lawsuit:

“We have heard from jobless workers and businesses across the state, and they are all saying the same thing. ‘Without immediate relief, our livelihood will be lost for good’. … The outpouring of support to fund this legal effort has been overwhelming. The Governor’s orders have put our state in such a position that our only recourse now is legal action. Hundreds of businesses across the state have already gone out of business. 210 restaurants have closed their doors for good. That represents over 4,500 employees who have lost their jobs.”

Republican Party Chairman Steve Pearce had this to say in a statement:

“The governor’s tactics to impose sanctions on small businesses continue to show her refusal to be equitable in her public health orders. … Our position has been to safely and responsibly get New Mexico back to work. The Democratic administration has not only destroyed our economy, but peoples’ lives and livelihoods. … By her continuing to favor national chains over our small business, the governor has inflicted economic and personal hardship on hundreds of thousands of her constituents. … Every paycheck, every job, and the civil liberties of every New Mexican is essential, even if the governor doesn’t think so.”

https://www.krwg.org/post/republican-party-new-mexico-announces-legal-action-against-governor

In response, Lujan Grisham said she was disappointed that Republicans had tried to “politicize” the pandemic. She also said the Republicans had the right to ask the courts to evaluate her actions by saying:

“That right exists and I respect that right, but I believe we will prevail. … So far, we have found we’re on very sound legal footing.”

Lawsuits have already been filed that have challenged the Governor’s restrictions on church services and gun shops. Judges have upheld the orders.

https://www.abqjournal.com/1456413/governor-public-cooperation-vital-to-more-reopening.html

GOVERNOR ACTIONS SOLID UNDER UNITED STATE CONSTITUTIONAL LAW

The United States Supreme court has said in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do.

In 1905, during the small pox epidemic, the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), upheld the authority of states to enforce compulsory vaccination laws. The United States Supreme Court upheld the authority of Cambridge, Massachusetts, to require smallpox vaccinations when a Massachusetts minister refused to get a vaccination for the disease.

The US Supreme Court’s decision was that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state. The court ruled that the state did have a right to legally require the vaccinations. The United State Supreme Court came down in favor of state governments being allowed to mandate vaccinations so long as it is reasonable to protect the public health, safety and welfare of citizens.

It is also well settled United States Supreme Court constitutional case law that the legislative branch can give the executive branch the authority to issue executive orders in times of national emergency over private enterprise. In 1952, the United States Supreme Court ruled in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the authority to issue executive orders is whatever authority the legislative branch gives to the executive. The case involved President Harry Truman. Truman order seizing of the steel mills and directed the steel mill presidents to operate mills as managers for the United States during the Korean War. The Supreme Court found that Truman did not have the authority. The Supreme Court found that the President’s power, if any, to issue such an emergency orders must stem either from an act of Congress or from the Constitution itself. Subsequent Supreme Court ruling have found that “executive power” of the President and by extension state governors to issue executive orders is whatever power the congress or the state legislators gives to them by enactment of legislation giving them those powers.

GOVERNOR’S ACTIONS ALLOWED UNDER NEW MEXICO STATUTORY LAW

In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act, section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department as follows:

NMSA § 24-1-3. Powers and authority of [Health] department

The [Health] department has authority to:

A. Receive such grants, subsidies, donations, allotments or bequests as may be offered to the state by the federal government or any department thereof or by any public or private foundation or individuals;

Z. Do all other things necessary to carry out its duties.

There are at least 12 specific provisions of the New Mexico Public Health Act that empowers the department and in turn the Governor that apply to the corona virus pandemic that need to be emphasized and noted. Those sections are:

Section 24-1-3(C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.

Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.

Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.

Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;

Section 24-1-3 (L) Ensure a competent public health workforce;

Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;

Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;

Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;

Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;

Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued

Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;

Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.

CRIMINAL PENALTIES PROVIDED IN STATE LAW

The New Mexico Public Health Act also contains penalty provisions that can be sought and enforced for violations of the Health Department orders:

NMSA§ 24-1-21. Penalties

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court.

Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action.

The attorney general shall represent the department.

Links to review the entire Public Health Act can be found here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1

PUBLIC HEALTH EMERGENCY RESPONSE ACT

When it comes to business closures, the Governor and the Health Department has been given the authority by the legislature to issue the executive order to close businesses during a health crisis. In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:

A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures.

The link to the entire New Mexico Public Health Emergency Response Act is here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

ANALYSIS AND COMMENTARY

How pathetic. The New Mexico Republican Party’s response to the Governor’s plea for cooperation is to threatened legal action. Exhibiting their characteristic style of right-wing flare and self-righteousness, the Republican party proclaims ““We have heard from jobless workers and businesses across the state, and they are all saying the same thing. “Without immediate relief, our livelihood will be lost for good” they act as if the Governor is not hearing the same thing. The Republican party now threatens to take the “boneheaded” approach of filing a frivolous lawsuit against Governor Michell Lujan Grisham. It is frivolous because the Governor is acting totally within her authority.

Like it or not, and no matter what political party you belong to, Governor Michell Lujan Grisham is on solid United State Constitutional law and state law to issue the health orders, including the closure of businesses. The health orders are not unconstitutional as argued by many “arm chair” constitutional scholars you listen on talk radio and on social media. The orders are based upon cases that predate the adoption of the Constitution. The quarantining of healthy people occurred in 1793 during Yellow Fever. The United States Supreme Court in 1905 upheld state law making small pox vaccines mandatory.

NOWHERE TO BE FOUND WHEN ITS A GOVERNOR OF THEIR OWN PARTY

The New Mexico Republican Party nor its leadership were nowhere to be found when former New Mexico Republican Governor “She Whose Name Shall Not Be Spoken” issued an executive order for an “audit” of mental health services by mental health nonprofits in New Mexico. The outside audit falsely reported that more than $36 million in overbilling, as well as alleged fraud and mismanagement. The former Republican Governor ordered the Human Services Department to cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. The actions of the former Republican Governor devastated New Mexico’s behavioral health system even though the New Mexico Attorney General found no wrongdoing by any of the health care providers as was alleged in the audit. More than 160,000 New Mexicans were receiving behavioral health services in 2014 and essentially lost those services thanks to the Republican Governor and in turn the Republican leadership that lacked any backbone to challenge their party’s Governor and what she did to the mental health system in this state.

THE ORDER TO USE FACE MASKS

Lujan Grisham and top state health officials say face coverings will not stop COVID-19 from spreading, but say it could slow the disease. According to news reports, approximately 8,000 people have requested face masks from the New Mexico state website.

The Governor could have issued directives to law enforcement to issue petty misdemeanor citations resulting in a $100 fine or up to 6 months in jail or a combination of the penalties at the discretion of the judge. She did not do that. What she did do is make it clear she does not want law enforcement officers to start issuing citations to non-mask wearers when she said she hoped “positive peer pressure” would encourage people to wear face coverings when we venture out. The Governor said:

“I am not going to try to go out and find individuals and cite them. I don’t think that wins the day. … Please wear a mask or any face covering. … It’s compassionate. It protects others.”

The New Mexico Supreme Court also recognizes the need and usefulness of wearing face masks. On May 16, the Supreme Court issued an order that anyone entering into New Mexico courthouses or judicial buildings will be required to wear a face covering, though judges are allowed to remove their face masks during hearings to ensure they’re understood. Under the new order, courts will provide masks to individuals who do not have them upon entrance. Republican Chief Justice Judith Nakamura said in a statement:

“State health officials have made it abundantly clear that if each of us wears a mask in public we can help slow the spread of COVID-19 and save lives. ”

FALSE ACCUSATIONS SHOW IGNORANCE OR LYING BY REPUBLICAN PARTY

When the Republican Party says that the Governor is “continuing to favor national chains over our small business”, it shows their ignorance and obstinance that is beyond reason. Virtually all businesses in the state, small and large alike, have been affected with the mandated closures. The Republican argument that the Governor is “favoring national chains over small business” is at best totally false or at worse an outright lie to politicize the pandemic which is exactly what the Republican Party is trying to do.

Before the Governor issued her orders to allow retail businesses to open at 25% capacity, when you drove around Albuquerque to do your retail shopping you would have seen thousands of empty parking lot spaces at Coronado Shopping Center, Winrock Shopping Center, ABQ Uptown, and Cotton Wood Mall on the West Side where all the “big box” stores were closed. You would have also seen the empty parking spaces at big chain restaurants like Chile’s, Season’s 54, Olive Garden, Red Lobster, the Cheese Factory, the Elephant Bar, BRAVO Italian Restaurant, Black Angus, Fuddruckers, Appleby’s, Long Horn Steak House, Ruth Chris just to mention a few that now offer only curbside service. The New Mexico State Police also closed down the big box stores of Total Wine and a Hobby Lobby, both part of a national chain. All new and used car dealerships are also closed, with the New Mexico Auto Dealers Association running ads on how to do business with the franchise dealerships on line.

A UNIQUELY QUALIFIED GOVERNOR TO DEAL CORONA VIRUS CRISIS

It is clear that the corona virus is a very infectious disease that is spreading like a wild fire throughput the world, the United States and New Mexico. The Governor is taking action to get a handle on the health crisis and it’s called leadership. There is no doubt that Governor Michelle Lujan Grisham knows what she is doing and declaring a “Public Health Emergency” was without a doubt the right call as is the phased in reopening of the state she has announced.

Governor Lujan Grisham has unique experience, knowledge and credentials to deal with the pandemic crisis. She is an attorney and has an understanding of the law. From 2004-2007 Governor Lujan Grisham served as the Secretary of the Department of Health, the agency that now assumes power in making decisions regarding coronavirus and public safety. The Governor also served as a longtime Director of the New Mexico Agency on Aging, now the Aging and Long-Term Services Department, experience that is timely because the coronavirus is most serious for individuals over 60, many of whom are in nursing facilities that the Governor as a cabinet secretary oversaw.

The Governors credentials and the success she is having in flattening the curve does not matter to the Republican law makers nor the Republican Party and they could not care less. Both Steve Pearce and New Mexico Republican Party choose to promote a right-wing agenda more concerned about commerce and profits and not people’s lives nor the public health, safety and welfare. The Republican Party has made it clear that making money “TRUMPS” life itself when they are more concerned about the “right to conduct free commerce.” The Republican Party wants to reopen the state in full and risk another spike or another wave of reported corona virus cases.

CONCLUSION

Cool heads must prevail during these very difficult times and partisanship must be set aside. The antics of the Republican party and elected Republican House leadership shows the opposite with their threat of a lawsuit. The Republican elected officials and Republican Party ignore that New Mexico citizens and businesses are in fact doing their very best to honor the restrictions placed upon them and are making the sacrifice to ensure the state does not re open too soon. Instead of raising money for lawsuits, the Republican Party could actually help raise money to provide financial assistance to the supposedly many workers that they have heard from who need help after losing their jobs.

The Republican Party needs to get the hell out of her way and let the Governor lead and exercise the authority she has been given by the legislature. New Mexico lives are at stake.

The Spanish flu pandemic of 1918, the deadliest in history, infected an estimated 500 million people worldwide or about one-third of the world population. It killed an estimated 20 million to 50 million stricken by the virus, including more than 675,000 Americans.

The 1918 flu was first observed in Europe, the United States and parts of Asia before swiftly spreading around the world. At the time, there were no drugs or vaccines to treat the flu strain. Citizens were ordered to wear masks, schools, theaters and businesses were shuttered and bodies piled up in makeshift morgues before the virus ended.

https://www.history.com/topics/world-war-i/1918-flu-pandemic

“As the death toll surged, the government struggled to respond. Meanwhile, a national election loomed. [The Spanish Flu] was a far deadlier disease than COVID-19, where fatalities have – so far – tended to be among the older generation and those with underlying health conditions. But despite the differences, the parallels between 1918 and what is happening in 2020 are stark.”

https://www.euronews.com/2020/04/04/coronavirus-how-will-covid-19-affect-the-u-s-election

PANDEMIC HISTORY REPEATS ITSELF IN ALBUQUERQUE

On Friday, May 8, the Albuquerque Journal published a guest column that is a fascinating read written by Samuel Truett, the Director of the Department of History at the UNM Center for the Southwest. As the saying goes, history does indeed repeat itself and the Truett column is proof of that. Below is the column in full followed by the Journal link to it:

HEADLINE: So when should Duke City reopen?
BY SAMUEL TRUETT / DEPARTMENT OF HISTORY, DIRECTOR, CENTER FOR THE SOUTHWEST, UNM
Friday, May 8th, 2020

“When should Duke City reopen? That was the question the Albuquerque Journal posed after two months of enforced shutdowns and social distancing in the 1918 Flu Pandemic.

In the end, the city took a gamble, based as much on political calculation as on science. The story resonates with ours, even if details are different. Both the virus and the science have changed, even if human responses may seem eerily familiar. In 1918, Albuquerque faced a brutal second pandemic wave. We are still in the early stages of our story. Now, as then, the future is uncertain.
How will we respond?”

The link to the Journal is here:

https://www.abqjournal.com/1452760/so-when-should-duke-city-reopen.html

WHITE HOUSE NOT IMMUNE IN 1918 AND NOT IN 2020

1918 WOODROW WILSON WHITE HOUSE

With one-quarter of the US and one-fifth of the world infected with the Spanish flu, it was not surprising that it hit the Woodrow Wilson White House. Wilson’s personal secretary was among the first in his administration to be sickened by a pandemic and Wilson’s eldest daughter Margaret got the Spanish Flu as did a Secret Service Agent.

Even President Woodrow Wilson suffered from the flu in early 1919 while negotiating the crucial treaty of Versailles to end World War I. In April 1919, Wilson traveled to the Paris Peace Conference for talks on ending the World War I. Soon after arriving, Wilson become ill with a fever and violent fits of coughing that left him nearly unable to breathe. Wilson was so ill that the talks were nearly derailed. The president could not even sit up in bed. The talks went on with Wilson relying on deputies before he recovered and was able to return to face-to-face talks.

Wilson’s administration worked furiously to keep Wilson’s diagnosis a secret. Wilson’s Chief of staff told reporters that Wilson had a cold and just needed some rest, blaming the president’s illness on the rainy weather in Paris. Meanwhile, Wilson’s condition worsened and he began acting strange. “Generally predictable in his actions, Wilson began blurting unexpected orders,” A. Scott Berg wrote in his biography of Wilson. “Twice he created a scene over pieces of furniture that had suddenly disappeared,” even though the furniture had not moved. Wilson also thought he was surrounded by spies.” Wilson did recover from the flu, but a few months later he had a stroke.

Woodrow Wilson was President for two terms and served from March 4, 1913 to March 4, 1921. Wilson suffered a severe stroke in October 1919 and was incapacitated for the remainder of his presidency. He retired from public office in 1921 and died in 1924 from heart complications.

https://www.washingtonpost.com/history/2020/03/14/flu-woodrow-wilson-coronavirus-trump/

2020 DONALD J. TRUMP WHITE HOUSE

On May 7, it was reported that a member of the US Navy who serves as one of President Donald Trump’s personal valets has tested positive for coronavirus raising concerns about the President’s possible exposure to the virus. The valets are members of an elite military unit dedicated to the White House and often work very close to the President and first family. Trump was upset when he was informed Wednesday that the valet had tested positive, a source told CNN, and the President was subsequently tested again by the White House physician.

https://www.cnn.com/2020/05/07/politics/trump-valet-tests-positive-covid-19/index.html

On May 8, it was reported that Vice President Mike Pence’s press secretary, Katie Miller, has tested positive for coronavirus. She is the wife to top Trump aide Steven Miller and she is in constant close proximity to the vice president. It’s not clear when Miller, who is also the wife to top Trump aide Steven Miller, last interacted with the president or vice president, but a CBS News story confirmed she was within close proximity to the vice president.

https://www.cbsnews.com/news/mike-pence-staffer-tests-positive-coronavirus/

Three members of the White House coronavirus task force went into self-isolation for two weeks after possible exposure to the illness. They include Dr Anthony Fauci, who has become the public face of the fight against the virus in the US.

https://www.bbc.com/news/world-us-canada-52626770
On May 12, the White House directed all officials who work in the West Wing to wear masks at all times inside the building except when sitting at their own desk.

https://www.wsj.com/articles/white-house-directs-officials-to-wear-masks-at-all-times-inside-white-house-source-11589224333

ACCELERATED EFFORTS TO FIND A VACCINE

News agencies are reporting that the medical research to find a vaccine for the corona virus is being expedited by medical researchers, and a vaccine just may be a few months away. Normally, the development of a vaccine takes years, not months.

According to the Milken Institute, an independent economic think tank in California, there are currently more than 40 clinical trials around the word attempting to find a vaccine for the corona virus. A joint $1 billion collaboration agreement has been announced by the U.S. government and Johnson & Johnson on March 30 to develop a vaccine. The approaches are varied, but all involve training the body’s immune system to recognize and remember the virus and produce antibodies to fight the disease.

https://news.harvard.edu/gazette/story/2020/04/harvards-coronavirus-vaccine-efforts/

A vaccine would normally take years, if not decades, to develop. Researchers hope to achieve the same amount of work in only a few months. Most experts think a vaccine is likely to become available by mid-2021, about 12-18 months after the new virus, known officially as Sars-CoV-2, first emerged. That would be a huge scientific feat and there are no guarantees it will work.

https://www.bbc.com/news/health-51665497

COMMENTARY AND ANALYSIS

The 1918 Spanish Flu ultimately kill 50 million people worldwide, and killing 675,000 Americans. The estimated population of the United States 1918 was some 103 million so approximately 0.5 percent of the US population died as a result of the epidemic. Worldwide, the death toll from the Spanish flu is generally put at 20 million.

As of May 8, 2020, according to data compiled by the Center for Systems Science and Engineering at Johns Hopkins University over 3.9 million people across the globe have been diagnosed with COVID-19,. Since the first cases were detected in China in December, the United States has become the worst-affected country. The current population of the United States is over 330 Million, with more than 1.2 million diagnosed cases and at least 76,706 deaths.

https://abcnews.go.com/US/coronavirus-live-updates-tsa-require-employees-wear-facial/story?id=70569418

NEW MEXICO’S REOPENING PLAN

By all accounts, Governor Michelle Lujan Grisham is doing a better job than most Governor’s in the country to get a handle on the pandemic in New Mexico and taking the necessary steps to protect all New Mexicans. She has received extensive criticism from many and not surprisingly from Republican elected officials, but she still is holding the course as she should when it comes to re- opening the state.

A recent poll reflects that the general public are indeed pleased with how Lujan Grisham has handled the public health crisis. On Apr 24, 2020, “The Majority Institute – Public Policy Polling” released its newest New Mexico survey. It found that Governor Michelle Lujan Grisham has a 62% approval rating for her handling of the coronavirus, to only 26% who disapprove for a net +36 rating. The timeline for the state’s phased in reopening plan is dependent on when certain criteria are met. Social distancing measures will be mandated to avoid a spike in COVID-19 cases The Governor’s “phase in” business reopening plan includes at least 3 major phases:

Preparation Phase

– All individuals instructed to stay home
– Industry Councils to develop COVID safe practices (CSP)
– Define how businesses will protect employees and customers

Phase One

– Vulnerable individuals instructed to stay home
– Some non-essential businesses permitted to reopen in compliance with CSPs.
– Certain businesses will still be closed

Phase Two and Beyond

– Additional businesses permitted to reopen in compliance with CSPs.
– Larger gatherings and events still restricted for the foreseeable future
– Other changes to be announced

GOVERNOR LUJAN GRISHAM ANNOUNCES MODIFIED PUBLIC HEALTH ORDERS

On Wednesday, May 13, Governor Michell Lujan Grisham announced that on Saturday, May 16, New Mexico, with a few exceptions will take the next steps to slowly reopen businesses. The change does not apply to the counties of Cibola County, McKinley County or San Juan County due to the high rate or COVID-19 cases. The three counties will, instead, enter the “preparation phase.”

According to Lujan Grisham, New Mexico is on track with enough data to begin easing into re-opening and move into Phase 1. During the briefing at the state capital, the Governor had this to say:

“We’re going to demand in New Mexico that science guide every decision we make. … We don’t want to go backwards and shut everything down.”

For news coverage on the modified public health order allowing businesses to reopen with limitations see the below link:

https://www.petedinelli.com/2020/05/14/nm-governor-mlj-announces-limited-opening-of-state-national-poll-finds-74-majority-to-25-say-us-should-go-slow-reopening-even-if-businesses-closed-our-would-be-republican-governor-steve-pierce/

CONCLUSION

After well over a hundred years and even with all the medical advances made during that time, the scariest similarity between the 1918 Spanish Flu Pandemic and the 2020 Corona Virus Pandemic is that no vaccine has been found. Even with the accelerated effort being undertaken to find a vaccine for the corona virus, most experts think a vaccine is likely to become available by mid-2021. Until then, many are expecting a major surge in cases and deaths this winter.

The clear and unmistakable results are that Governor Lujan has been successful in “flattening the curve” with all of what she has done and ordered. The state is making significant progress, but there is still a way to go given the fact that increases in cases is still being projected. New Mexico appears to be inching closer to reopening. The Governor also sent the clear message that in a real sense, it’s all on use to make sure we do are part and follow the social distancing rules, especially wearing masks, when the state is fully opened for business. Otherwise we may looking at another major surge in the Winter months.

We all must do our part and protect ourselves and others from the virus and not act like a bunch of fools. We all need to practice social distancing, wear masks and follow the guidelines. This is the new norm until a vaccine is found.

https://www.petedinelli.com/2020/05/01/governor-lujan-grisham-extends-quarantine-orders-to-may-15-but-with-limited-openings-announced-case-statistics-its-all-on-us-to-continue-making-progress/

On April 30, Governor Lujan Grisham announced a phased in opening plan for the State. The Governor’s timeline for the state’s phased in reopening plan is dependent on when certain criteria are met. The Governor’s “phase in” business reopening plan included 3 major phases:

Preparation Phase

– All individuals instructed to stay home
– Industry Councils to develop COVID safe practices (CSP)
– Define how businesses will protect employees and customers

Phase One

– Vulnerable individuals instructed to stay home
– Some non-essential businesses permitted to reopen in compliance with CSPs.
– Certain businesses will still be closed

Phase Two and Beyond

– Additional businesses permitted to reopen in compliance with CSPs.
– Larger gatherings and events still restricted for the foreseeable future
– Other changes to be announced

GOVERNOR LUJAN GRISHAM ANNOUNCES MODIFIED PUBLIC HEALTH ORDERS

On Wednesday, May 13, Governor Michell Lujan Grisham announced that on Saturday, May 16, New Mexico, with a few exceptions will take the next steps to slowly reopen. The change does not apply to the counties of Cibola County, McKinley County or San Juan County due to the high rate or COVID-19 cases. The three counties will, instead, enter the “preparation phase.”

According to the governor, New Mexico is on track with enough data to begin easing into re-opening and move into Phase 1. During the briefing at the state capital, the Governor had this to say:

“We’re going to demand in New Mexico that science guide every decision we make. … We don’t want to go backwards and shut everything down.”

One major goal is to get the state’s coronavirus transmission rate down to 1.15, which means each infected individual transmits the virus to 1.15 other people. , According to the state’s statistical modeling, the state’s overall transmission rate now stands at 1.16. Three of New Mexico’s five regions have reduced the spread rate below the 1.15 standard. But the northwestern and southwestern regions of New Mexico are above the 1.15 target goal.

MASKS NEED TO BE WORN BY ALL

The Governor announced she will require New Mexicans to wear masks in all public spaces, starting Saturday May 16. Lujan Grisham said everyone, including children, should wear masks when leaving their homes. Exceptions include eating, drinking and exercising.

According to the Governor, the face mask mandate is necessary to help limit the spread of COVID-19, the respiratory disease caused by the coronavirus. Individuals who refuse to wear a mask in public may face stern words from a police officer but the state doesn’t intend to take a punitive approach to enforcing the mandate. Governors of several other states, including New York, Massachusetts and New Jersey, have implemented similar face covering requirements. Enforcing the mandates has proven to be very difficult to the point it has resulted in confrontations.

The Governor said she hoped “positive peer pressure” would encourage people to wear face coverings, but urged New Mexicans to refrain from “negative attacks” or anger at police officers. If you get made, she said express your anger at her, not public employees, saying “I can take it. … If I can’t get folks to do this … we can’t stay open.”

Human Services Secretary David Scrase said research shows that mask-wearing is incredibly effective at reducing the spread of the disease and said:

“All of us wearing masks could save thousands of lives. It’s critical to learn to live in a COVID world.”

In the event that “positive peer pressure” or law enforcement warnings to people who fail to wear a mask, the Governor could issue directives to law enforcement for people to be charged for violation of the executive order. The Public Health Act does have a criminal penalties provision as follows:

NMSA§ 24-1-21. Penalties

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court. Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action. The attorney general shall represent the department.

To date, the virus has killed 231 people in New Mexico.

RESTRICTIONS FOR BUSINESSES TO OPEN

The Phase I of reopening the state that begins on MAY 16 includes limited in person operations for offices and retailers. According to the Governor:

“We expect you to have COVID-safe practices. Your employees and staff are wearing masks and anything else that works at stopping the spread of the virus.”

All retailers may operate at 25% of fire code capacity; COVID-safe practices must be in place to operate. According to the Governor Office, the definition of a retailer is “any business that sells goods directly to the ultimate consumer or end-users. Retail spaces do not include wholesalers or suppliers. Retails spaces also do not include entertainment venues such as movie theaters, concert halls or amusement parks.”

Other Non-essential businesses, such as offices and call centers, may operate with up to 25% of pre-crisis staffing levels. Employers should require employees to continue to work from home and telework policies whenever possible.

Churches for religious services may hold religious services at 10% occupancy.

WHAT CANNOT REOPEN

Stay at home orders remain if you are sick or in a vulnerable category except for emergencies.

Congregating in groups of more than 5 remains prohibited

If you must go out, maintain physical distance of at least 6-feet from others

Retail spaces do not include wholesalers, suppliers, movie theaters, concert halls or amusement parks which must remain closed.

Gyms, salons, indoor malls dine-in at restaurants and movie theaters are not allowed to reopen. The goal is to open high-contact businesses, including gyms and salons, in June. According to the Governor, it’s too soon to allow dine-in restaurants, gyms, salons and movie theaters to reopen. Restaurants might partially reopen in early June.

Big-box stores can continue to operate at 20% capacity

SUMMER YOUTH PROGRAMS WILL BE ALLOWED WITH RESTRICTIONS

Summer youth programs will be allowed this year but with the following restrictions:

In-person summer programs and sports camps are restricted to a 5-to-1 child to adult ratio.

Student and staff groupings must be self-contained meaning the same children staying with the same staff and no mixing between groups.

High-risk staff and children must be informed on the need for additional actions such as not attending or having additional restrictions, including contact with high-risk family members.

Sports programs will be allowed but restricted to contactless sports only and non-competitive play.

Dr. David Scrase of the Human Services Department also says they are learning more about how the virus affects children. He says kids up to the age of 19 are accounting for 13% of coronavirus cases in New Mexico. “Pay particular attention to abdominal symptoms, or nausea or committing or diarrhea. Those symptoms are more prominent in kids,” said Dr. Scrase.

EARLY JUNE OPENING TARGET

The governor says the spread of the virus dictates the timeline of when the state can move into the next phase of reopening. Officials hope that is by early June, which means they can slowly start to reopen salons, gyms, indoor malls and limited dine-in at restaurants.

REPUBLICAN CHAIRMAN STEVE PEARCE

State GOP Chairman Steve Pearce said that the governor’s latest plans infringe on New Mexican’s “civil rights” and unfairly target certain business owners and said:

“Our position has been to safely and responsibly get New Mexico back to work. The Democratic administration has not only destroyed our economy, but peoples’ lives and livelihoods. … By her continuing to favor national chains over our small business, the governor has inflicted economic and personal hardship on hundreds of thousands of her constituents.”

NEW MEXICO’S TESTING CAPACITY

New Mexico’s testing capacity for COVID-19 IS ranked among the nation’s highest, on a per capita basis. New Mexico has now conducted more than 115,000 tests and has 5,364 confirmed cases, including 155 new cases that were announced during the Governor’s May 13 briefing. About 4.7% of all tests yield a positive result.

The New Mexico Department of Health announced that all state residents can get free tests to determine whether they have the disease, regardless of whether they have symptoms. Notwithstanding the testing, state officials are still concerned about possible virus outbreaks stemming from New Mexico’s borders with other states and with Mexico. Testing has been expanded in New Mexico’s prison system, with the goal of testing all corrections officers and at least one-quarter of inmates. Testing will have to be done on a recurring basis, likely weekly, in order to ensure the virus is under control.

Below are links to news coverage:

https://www.kob.com/albuquerque-news/governors-new-order-allows-some-businesses-to-reopen-requires-new-mexicans-to-wear-mask/5728922/?cat=500

https://www.krqe.com/health/coronavirus-new-mexico/gov-lujan-grisham-to-hold-covid-19-news-conference-on-wednesday/

https://www.abqjournal.com/1455269/lujan-grisham-to-address-public-health-orders.html

NATIONAL POLL FINDS 74% MAJORITY TO 25% SAY GO SLOW ON REOPENING

On May 12, it was reported by the Washington Post that a Post-Ipsos poll found that a 74% majority of Americans overall say the United States should keep trying to slow the spread of the coronavirus even if it means keeping many businesses closed. In contrast, 25% say the country should open up businesses and get the economy going again, even if the result would be more infections. Across 12 states with the largest populations from Pennsylvania to Texas to California, at least 7 in 10 say they prefer focusing on slowing the virus’s spread rather than beginning to reopen businesses.

Nationally, 56% of Americans say their state government has handled restrictions on businesses “about right,” with 28% saying restrictions have been lifted “too quickly” and 16% saying they have not been lifted quickly enough. But nearly half of Floridians (48%) and majorities in both Texas (59%) and Georgia (65%) say their state government is “lifting restrictions too quickly”.

The Washington Post poll found a significant partisan divide on the question of reopening. More than 9 in 10, or 92 percent, of Democrats and Democratic-leaning independents say they favor closures to deal with the virus. Republicans and Republican-leaning independents are split almost evenly, with 49% saying closures should be the top priority and 50% saying businesses should be opened up again.

The poll of more than 8,000 adults was conducted from April 27 to May 4.

POLL NUMBERS ON GOVERNORS

Governors across the country taken as a whole have secured widespread support from the public for their handling of the coronavirus pandemic. The bipartisan approval of the Governors is in sharp contrast to that President Trump who has failed to secure bipartisan support. The poll also found that some Republican governors who have embraced reopening their states quickly are struggling to achieve the same level of approval as Democrats taking it slow.

Overall, 71% of Americans approve of their governors’ performances, with majority approval from people in both major parties. A much smaller 43% approve of President Trump’s handling of the crisis. In Trump’s case, assessments are dramatically partisan, with more than 8 in 10 Republicans and Republican-leaning independents approving of his handling of the crisis and almost 9 in 10 Democrats and Democratic-leaning independents disapproving of Trump’s performance.

As a group, governors across the country appear to have won substantial approval among those from their rival party. In states led by Democratic governors, 75% approve of their handling of the outbreak, including 91% of Democratic-leaning residents, as well as 54% of those who lean Republican. In Republican-led states, 67% of people give positive ratings to governors, including 80% of Republicans and 55% of Democrats.

According to the Washington Post poll, the disparities appear to be linked to the differing paths the governors have adopted as they seek to balance efforts to contain the spread of the virus while trying to limit the damage to their economies. The contrast is widest in the states of Ohio and Georgia, states won by Trump in 2016. In Ohio, 86% approve the way Republican Governor Mike DeWine moved aggressively to close down his state and has been cautious about lifting the restrictions to deal with the crisis. In Georgia, 39% of adults approve of the performance of Republican Governor Brian Kemp who moved slower than other governors to mitigate the spread of the virus and has been aggressive in reopening his state’s economy.

https://www.washingtonpost.com/politics/many-governors-win-bipartisan-support-for-handling-of-pandemic-but-some-republicans-face-blowback-over-reopening-efforts/2020/05/11/8e98500e-93d2-11ea-9f5e-56d8239bf9ad_story.html

GOVERNOR LUJAN GRISHAM POLLS HIGH

On Apr 24, 2020, “The Majority Institute – Public Policy Polling” released its newest New Mexico survey. It found that Governor Michelle Lujan Grisham has a 62% approval rating for her handling of the coronavirus, to only 26% who disapprove for a net +36 rating. By contrast Donald Trump has a net -15 approval rating for his handling of the virus, with just 40% approving of the job he’s doing to 55% who disapprove.

63% of voters in the state think the state’s response to the coronavirus has been ‘about right. Only 27% think it’s overreacting. By contrast just 35% of voters think the federal response to the virus has been about right, with 49% saying that the Trump administration’s response has been an under reaction.

Lujan Grisham’s overall approval rating shows a high degree of popularity, with 59% approving and just 32% disapproving of the job she’s doing. By contrast Trump has only a 40% approval rating, with 56% of voters disapproving of him. According to the poll, Lujan Grisham received an overwhelming support from both Democrats, 83% to 9%, and independents, 60% to 28%, for her handling of the virus and receives good marks from 32% of Republicans as well.

https://majorityinstitute.com/latest/lujan-grisham-bests-trump-51-points-coronavirus-response?fbclid=IwAR096gVrXyx0nfAiOKOE7Jb7DF_IVKT9OVxEoB4p6bN1x60TyQcwHXo0xCA

ANALYSIS AND COMMENTARY

OUR WOULD BE REPUBLICAN GOVERNOR STEVE PEARCE

It is not all surprising that armchair constitutional expert GOP Chairman Steve Pierce is shooting his mouth off about constitutional rights being violated. When it comes to business closures, the Governor has been given the authority by the legislature to issue the executive order to close businesses during a health crisis. It is well settled United States Supreme Court constitutional law that the legislature can give the Governor the authority to close businesses in time of a health crisis. The New Mexico legislature did just that in 2003 with the enactment of the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic. The link to the New Mexico statute is here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

When Steve Pearce claims that the Governor is “continuing to favor national chains over our small business” he shows his ignorance or apparently never travels to Albuquerque to go retail shopping nor goes to restaurants because if he did he would see thousands of empty parking spaces at Coronado Shopping Center, Winrock Shopping Center and ABQ Uptown, Cotton Wood Mall on the West Side where all the “big box” stores are closed. He would also see the empty parking spaces at big chain restaurants like Chile’s, Season’s 54, Olive Garden, Red Lobster, the Cheese Factory just to mention a few who now offer only curbside service. The New Mexico State Police has also closed down the big box stores of Total Wine and a Hobby Lobby, both part of a national chain. All new and used car dealerships are also closed, with the New Mexico Auto Dealers Association running ads on how to do business with the franchise dealerships.

Least anyone forget, Steve Pearce ran for Governor as the Republican nominee against Democrat Michelle Lujan Grisham and he lost in a landslide. Based on his words and actions, there is little doubt he would have done absolutely NOTHING during this deadly pandemic to “flatten the curve”. A Republican Governor Steve Pearce would have ignored the spread of the disease allowing it to run its course resulting in even more deaths of many New Mexicans. Steve Pearce apparently believes that commerce and the economy TRUMP’s the rights of “life, liberty and the pursuit of happiness” just as much guaranteed under the constitution as the right to commerce.

THE FACE MASK MANDATE REQUIRES PEER PRESSURE

The Governor raised a few eyebrows when she said everyone needs to wear a mask, including children, when they venture out in public. The truth is the Governor said that the “face mask” enforcement will not be punitive. In other words, she is not ordering arrests by law enforcement but likely warnings or admonishments to exercise caution. She made it clear that she hoped “positive peer pressure” would encourage people to wear face coverings when we venture out. In the event that “positive peer pressure” or law enforcement warnings to people who fail to wear a mask, the Governor could issue directives to law enforcement issue petty misdemeanor citations resulting in a $100 fine or up to 6 months in jail or a combination with penalties at the discretion of the judge.

CONCLUSION

Well, it’s a start. The approach Governor Michelle Lujan has taken is to first move aggressively to close down New Mexico and she now being cautious about lifting the restrictions to deal with the crisis. The clear and unmistakable message Governor Lujan delivered with the limited opening of the state is that all of what she has ordered is indeed “flattening the curve”.

The state is making significant progress, but we still have a long ways to go given the fact that increases in cases is still occurring. New Mexico is now inching closer to reopening over perhaps the next 2 months.

The Governor has sent the clear message that in a real sense, it’s all on use to make sure we do are part and follow the social distancing rules.

TAKE PRECAUTIONS TO PROTECT YOURSELF AND FAMILY

Older adults and those with chronic illnesses are most at risk to contract the virus that could result in death from complications. Even healthy young people not worried about getting sick should take steps to protect themselves and others in that they could still carry the virus but not show signs of it. The strategy must be to limit the chance of transmitting the disease to persons who are more vulnerable.
Health and government officials urged people to protect themselves by:

1. Self-quarantine as much as possible
2. Honoring the “quarantine” and staying home and avoid large crowds and public events
3. Wash your hands frequently with soap and water for at least 20 seconds and do not touch your face
4. Clean “high-touch” surfaces daily with regular household cleaners
5. When coughing, use a tissue or cough into the forearm of your elbow
6. Avoiding the sharing of personal household items
7. Stay at home when sick
8. Practice “social distancing” when talking to others in person by standing 6 feet away from them
9 Wear face masks if available that seals around mouth and nose when out in public
10.Limit activities to grocery shopping, filling your car with gasoline and medical appointment.

Please be safe and use the precautions outlined.

For a related blog article see:

GOP Party Chair Steve Pearce And Cibola County Sheriff Tony Mace Show Ignorance Of Law Asking US Attorney Barr To Review Gov. MLG’s Health Orders; Governor Empowered By Legislature To Issue Health Orders; Once Vaccine Found, Will They Oppose Mandatory Inoculation?

Since being elected Mayor, Tim Keller has made it known that building a city operated homeless shelter is one of his top priorities. Keller deemed that a 24-hour, 7 day a week temporarily shelter for the homeless critical towards reducing the number of homeless in the city. The city owned shelter was projected to assist an estimated 300 homeless residents and connect them to other services intended to help secure permanent housing. The new facility would have served all populations of men, women, and families. Further, the city wanted to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility was to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources. According city officials, the new homeless shelter would replace the existing West Side Emergency Housing Center, the former jail on the far West Side. The west side facility is unsustainable costing over $1 million in transportation costs a year for the homeless. The goal was for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

Notwithstanding Mayor Keller’s desire for a city run shelter, there were many critics of the proposal. The critics included downtown business organizations such as the Greater Albuquerque Business Association (GABA) and neighborhood associations that mounted strong opposition. Critics argued against mixing populations and argued that a large facility would unduly burden any one neighborhood or business area of the city. Bernalillo County officials, homeless service providers and residents of neighborhoods surrounding potential locations seriously questioned the city’s efforts for a one centralized shelter.

FUNDING APPROVED BY VOTERS; SITES SELECTED

On November 5, voters approved a general obligation bond package of $128 million which included $14 million for the city operated 24-7 homeless shelter. The actual cost was to be $32 million. The City asked the 2020 New Mexico Legislature for an additional $14 million to complete phase two of the project, but the funding request failed.

In December, the Albuquerque City Council approved Keller’s request to hire an architect to design a 300-bed shelter.

On February 27, the City of Albuquerque released a report and analysis announcing the top 3 preferred locations for the new 24/7 Gateway homeless shelter. The 3 locations were:

1. University of New Mexico land next to the state laboratory, near Interstate 25 and Camino de Salud
2. Coronado Park at 3rd Street and Interstate 40
3. The former Lovelace hospital on Gibson

On Friday, February 28, Mayor Tim Keller held a press conference with local church leaders at the vacant strip of University of New Mexico land and made it clear that the UNM cite was his preferred cite. It was not meant to be. Keller’s press conference was viewed by the University of New Mexico Community as a guilt trip tactic to shame the higher education institution in providing the location free of charge.
On March 12, the University of New Mexico announced it was no longer interested in offering the empty lot they own off the I-25 Frontage Road for consideration as the possible site for the Gateway Center.

Mayor Tim Keller for his part issued the following statement about UNM’s decision:

“For all our public institutions, there is a moral opportunity to come together and make a difference on a growing problem that affects the entire community. With this option now off the table, we are convening elected officials from the City and [Bernalillo] County, as well as UNM, to work with us on the remaining options, or a possible combination of sites. We are continuing our collaborative efforts and are also dedicated to doing all we can with the funds we have to make a dent in all of our homelessness challenges.”

UNM’s March announcement that it would not provide the location resulted in Keller creating a “working group” as he called it for a “regrouping” phase.

KELLER ABANDONS GATEWAY CENTER CONCEPT

On Wednesday, May 7, Mayor Tim Keller conducted one of his daily briefings on the City’s response to the Corona Virus. He dedicated most of the briefing to report on the “Gateway Center.” Participating in the briefing were City Council President Pat Davis, County Commissioner Jim Collie and the city’s Chief Operating Officer Lawrence Rael.

The FACEBOOK video link to the press briefing is here:

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

In a surprise announcement, Keller said that the city for now is abandoning the development concept of a single, 300-bed homeless shelter. He announced the city will be proceeding with a “multi-site approach” to the city’s homelessness crisis. Mayor Tim Keller went so far as to state that the 300 bed Gateway Center was “off the table”.

For the past few months, the working group has been meeting regularly with the goal to reach a collective decision on how best to tackle both the city and county’s homeless problem. According to Keller, the City, Bernalillo County Commission, the University of New Mexico Hospital along with homeless service providers are pursuing other strategies to serve the upwards of 5,000 persons a year who are homeless in the city and county each year.

Keller said during a media briefing said:

“We are, I think, in a regrouping phase, but one I think is in many ways better with an eye toward a comprehensive solution and with an eye toward collaboration.”

Mayor Keller had made it known he wanted to start construction on the Gateway Center this winter. Now there is no clear timeline on the construction any type of facility because the shift in strategy and because of the corona virus pandemic. Notwithstanding, Mayor Keller made it clear that the corona pandemic will not stop the city from developing some version of a Gateway Center plan.

Keller said the virus crisis has highlighted the need for an alternative to the city’s existing shelter, which is the former jail 20 miles from downtown and he said:

“The coronavirus has also shown us how important this is. … The amount of funding and logistics we have to deal with going back and forth to the West Side … is extremely hard.”

MULTI-SITE MODEL

According to Mayor Keller the working group is open to a “multi-site” model. Such a model could still involve using the Lovelace Hospital or Coronado Park sites. The difference is no 300-bed facility would be built. Smaller facilities of between 50 to 100 scale would be considered along with other locations throughout the city. Regardless of the final strategy adopted by the working group, the $14 million approved by city voters is enough to move forward with a project, no doubt scaled back and at different locations.

During the May 7 press briefing, Mayor Keller said:

“Costs go up the more sites you have, by definition; however, we might be able to utilize some existing sites and existing facilities, which means costs can go down. … I think we’re all confident we have enough money for a Phase One concept as per what the voters voted on, but what that looks like and how big it is depends on what the working group will be doing this summer.”

City Council President Pat Davis, who is a member of the working group, said during the May 7 press briefing, that the goal is to have a “joint governance group” and would include subject-matter experts and multiple public agencies to decide together on the best path forward. According to Davis:

“This is exactly what we ought to be doing. … People want to see the city, the county and UNM and all the government working together.”

County Commissioner Jim Collie said during the May 7 press briefing that he and the other 4 members of the County Commission were pleased with the collaboration efforts by saying:

“We’re delighted to be involved in this process and believe that what we come out with is a product that will be amplified by our working together.”

Commissioner Collie said it was unclear whether the county would contribute financially to Gateway Center construction but that it will assuredly be involved in some way given its mandate to provide behavioral health services.

https://www.abqjournal.com/1452203/city-exploring-new-path-to-gateway-center.html

COUNTY BEHAVIORAL HEALTH TAX

On February 26, 2015, the Bernalillo County Commission approved a 1/8 % gross receipts tax increase on a 3-2 vote to fund new behavioral and mental health services to improve access to mental and behavioral health care services in the county. The tax generates approximately $20 million annually. When the Bernalillo County Commission approved the tax, it failed to develop a plan on how all the money would be used, including not identifying services to be provided, location of facilities and qualifiers to obtain the services offered.

When enacted, the county commission announced the intent for the tax was to invest the funding “in proven ways to better manage the high cost of addiction, homelessness and mental health problems”. According to a county commission announcement, “these issues impact families throughout the community and drive up the cost of public services, especially at the Metropolitan Detention Center.”

https://www.bernco.gov/uploads/files/BH%20news%20release%20PDF.pdf

The gross receipts tax costs shoppers one cent on a $10 purchase of goods and services. Since enactment of the tax in 2015, the tax has generated $91.6 million. The county has spent $20 million of the money but has earmarked the bulk of what it amassed for one-time expenditures. Those expenditures include $30 million for a new crisis triage center, $12 million for supportive housing and $4 million for the Bernalillo County CARE campus, formerly known as the Metropolitan Assessment and Treatment Services center, or MATS. The renovations to the CARE campus when complete will create an outpatient behavioral health clinic and living room space for peer-to-peer counseling sessions.

COMMENTARY AND ANALYSIS

When it comes to city projects the term “NIMBY” stands for “Not In My Back Yard”. It describes opposition to proposed projects by home owners, property owners, and business owners. Two of the biggest issues that generate public outcry are the location of methadone clinics and homeless shelters. Mayor Keller’s desire to build a 24-hour, 7 day a week, 300-person, city built and run homeless shelter is a case of NIMBY.

KELLER’S “SHAMING TACTICS” WERE MISTAKE

Mayor Keller made the political mistake of not listening to those who will have to deal with a centralized shelter long after he is gone as Mayor. Mayor Tim Keller is now perceived as mishandling the site selection process for the shelter, especially with his shaming, guilt trip press conference to force UNM’s hand, and his failing to build true consensus on what the city should do and where the shelter should go. Keller essentially had a survey performed to come up with 3 finalists and before all 3 could be fully vetted as the city promised, he made a decision as to his preference and people saw right through his tactics.

Soon after UNM made the announcement it was taking its land off the list, Mayor Keller announced he was creating a working group that includes UNM, county administrative leaders and elected officials to work out details on a site, design, construction, and operation for the Gateway Center. The working group of city, county, UNM and elected officials should have been done from the get-go. Keller wanted to go it alone seeking voter approved funding and even funding from the legislature that he failed to secure.

Keller has now said that he and the working group have decided to abandon the development concept of a single, 300-bed homeless shelter and proceed with a “multi-site approach”. The problem is that there is still the need for the city to operate a centralized 24-7 facility to target the most chronic of the homeless and connect them to other services and to help secure permanent housing.

THE NEED FOR CENTRALIZED LOCATION STILL EXISTS

The needs are still there:

1. There is still a need for a facility to serve populations of men, women, and families and to provide a place anyone can go regardless religious affiliation, sobriety, addiction or other factors, such as suffering from a psychotic event, that prevent the homeless from being eligible for services and assistance.

2. There is still a need for a centralized location to assist the homeless getting signed up for assistance such as EBT cards, Medicaid, interviews for housing options, and counseling and medical care and immediate medical care and treatment.

3. There is still a need for a triage center very close to UNMH where police can take people to other than to the emergency room at UNMH or to jail.

The 1/8th% county behavioral gross receipts tax is supposed to be used for the purpose of providing more mental and behavioral health services for adults and children in the Albuquerque and Bernalillo County area. The intent is to provide a safety net system for those in need of mental health not otherwise funded in New Mexico. After 5 years, the monies collected from the 1/8th% gross receipts behavioral tax, the lion’s share of the tax revenues remains in a bank account benefiting no one. The Gateway Center fits as originally proposed into the intent and purpose of the behavioral tax.

THE “ONE ALBUQUERQUE” SLOGAN MEANS “KELLER’S ALBUQUERQUE”

Keller will never admit it in public, but he essentially abandoned his efforts to continue with the Coronado Park and the former Lovelace Hospital locations because of the strong and coordinated opposition to both by many downtown businesses, business organizations, residents and neighborhood associations. The blunt truth is that Keller ignored them and they in turn reacted with hostility and turned on him. Following is a link to two very hostile guest columns regarding Keller published in the Albuquerque Journal opposing the Coronado Park and former Lovelace Hospital:

https://www.petedinelli.com/2020/04/21/abq-journal-guest-columns-coronado-park-and-lovelace-medical-opposed-for-city-homeless-shelter-mayor-keller-has-failed-to-build-consensus/

Keller has made it known he is seeking a second term in 2021. He no doubt now realizes that his push for the 300 person Gateway Center went too far for many and that he offended way too many voters. Keller, for all of his “One Albuquerque” slogan, failed to listen to the concerns of businesses, residents and other government entities who objected to the concept and to the 3 proposed locations. One elected official critic went so far as to say the “One Albuquerque” slogan means “Keller’s Albuquerque” because he thinks he has the only answers to the City’s homeless crisis.

A ROUGH ROAD OF OPPOSITION AHEAD

One thing is for certain. Keller is going to have to convince the Bernalillo County Commission to step up to the plate with funding for the “multi-site model” with at least matching funding from the county behavioral tax fund revenues. With Mayor Keller and the City faced with a $27 million dollar deficit and likely budget cuts because of the reduction in gross receipts tax revenues, the $14 million in voter approve bonds is likely all the city will have for the “multi-site model.”

Now that Mayor Keller and the working group have decided to go forward with a “multi-site model”, they need to realize that resistance will no doubt emerge and be just as great as to each site that will be considered by them. They also need to realize the need for a centralized facility, albeit not as big as a 300 facility, is still exists in one form or another.

It was very disappointing that newly appointed County Commissioner Jim Collie said it was unclear whether the county would contribute financially to Gateway Center construction. Collie was appointed by Governor Lujan Grisham and committed to serve only the remaining one year of a term. Collie will be leaving the commission on January 1, 2021 and be replaced by an elected commissioner. He has 7 months left to make a difference, and perhaps he can leave a lasting impression and push for matching funds from the county to the city’s $14 million for the “multi-site” model.

For related blog articles see:

UNM Site Off The Table For City Homeless Shelter; PR Pressure Tactic Failed; Mayor Keller Caught “Flat Footed”; BERNCO Has Funding

Mayor Tim Keller “Jumps The Gun” On Homeless Shelter Site Selection Identifying UNM Site As His Preference; UNM President And Regents Have Yet To Announce Any Backing

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Ever since Governor Michelle Lujan Grisham issued her Executive Orders to close the state there have been major outcry’s and complaints of “executive abuse of power” and arguments that the orders are violating people’s civil rights protected by the United States and New Mexico State Constitutions. The New Mexico Republican Party and the New Mexico Sheriff’s Association have now joined the 3 ring Republican Circus of Criticism against Governor Michelle Lujan Grisham.

This blog article is a deep dive analysis of the recent developments and a discussion of the law when it comes to the constitutional arguments made against the Governor’s public heath orders.

RECENT NEWS DEVELOPMENTS

On Sunday, May 10, it was reported that New Mexico Republican Party Chairman and the President of the County Sherriff’ Association are asking United States Attorney General William Barr to look into Governor Michelle Lujan Grisham’s health orders aimed at stopping the spread of COVID-19. State Republican Party Chairman Steve Pierce and Cibola County Sherriff President Tony Mace each sent letters to Barr last week seeking a review into the health orders that have shuttered some businesses since late March. They say the orders, which have closed several small businesses, violate resident’s civil rights.

Pearce wrote Barr:

“We want to express our fears and frustrations regarding New Mexico Governor Lujan Grisham’s public health order, a policy many in our state believe to be a blatant violation of peoples’ civil rights, liberties and their right to conduct free commerce … The situation in New Mexico is one that is unjust and inequitable.”

https://www.washingtontimes.com/news/2020/may/10/new-mexico-gop-sheriffs-appeal-william-barr-over-m/?utm_campaign=shareaholic&utm_medium=facebook&utm_source=socialnetwork&fbclid=IwAR0K3Qd0rdBPwvrNBVaSEeJvN5A2vVEQMLHiBhnBVGq0Bo2VFVji_ECov9Y

Sheriff Tony Mace wrote Barr:

“The governor has been discriminatory in her policies, keeping big box corporate giants open, draining New Mexico dollars out of state, while shutting down mom and pop locally owned establishments. … This is not only preferential treatment for the big box stores but a violation of the civil rights of our small business owners whose livelihoods are now in free fall.”

https://www.kob.com/new-mexico-news/sheriffs-ask-ag-barr-to-review-new-mexico-health-orders/5724610/?cat=500

BOTH “BITCHING IS NOT FIXIN” NOR MAKES IT TRUE

Republican State Party Chairman Steve Pearce and the New Mexico Sheriff’s Association President Tony Mace can bitch all they want to whoever they want about the Executive Health Orders of Governor Mitchell Lujan during the corona virus pandemic, but what they say does not make it true. Both are dead wrong when they think the Governor has no authority to issue the health orders. The only thing that both Chairman Pierce and Sheriff Mace are revealing to the United States Attorney General and the public is just how ignorant they are of the law unless it’s just pathetic grandstanding on their part.

Apparently, Cibola County Sherriff Mace never travels to Albuquerque to go retail shopping nor goes to restaurants because if he did he would see thousands of empty parking spaces at Coronado Shopping Center, Winrock Shopping Center and ABQ Uptown where all the “big box” stores are closed. He would also see the empty parking spaces at big chain restaurants like Chile’s, Season’s 54, Olive Garden, Red Lobster, the Cheese Factory just to mention a few who now offer only curbside service. The New Mexico State Police has also closed down the big box stores of Total Wine and a Hobby Lobby, both part of a national chain.

If the arguments being made by Sheriff Mace sound familiar, they are. They are very similar to the constitutional arguments Mace and the New Mexico Sheriffs association made to oppose the “red flag” law enacted by the 2020 New Mexico legislature allowing the seizure of guns by court order from individuals deemed an imminent danger and threat to themselves or others. Then, as now, Mace argues there is an unreasonable taking of property and a denial of due process of law.

It’s downright embarrassing and hypocritical that the likes of former US Congressman Steve Pierce would send a letter to Attorney General Barr. Pierce is a former member of the ultra-right-wing Congressional Freedom Caucus and he is a strong supporter of President Donald Trump. Pierce has yet to criticize any of the executive orders President Trump has issued during the pandemic.

Least anyone forget, Steve Pearce also ran for Governor as the Republican nominee against Democrat Michelle Lujan Grisham and he lost in a landslide. Based on what Steve Pierce wrote and his actions now, there is little doubt he would have done absolutely NOTHING during this deadly pandemic to “flatten the curve”. A Governor Pierce would have ignored the spread of the disease allowing it to run its course resulting in even more deaths of many New Mexicans.

Both Steve Pearce and Tony Mace apparently believe that commerce and the economy Trump’s the rights of “life, liberty and the pursuit of happiness” just as much guaranteed under the constitution as the right to commerce. Their actions now call into question what they will do if a vaccine is found and if mandatory inoculation is authorized by congress or state governments which has in fact happened in the past.

BACKGROUND

On March 11, Governor Michelle Lujan Grisham became the first New Mexico Governor to invoke the 2003 Public Health Emergency Response Act (PHERA), issuing an Executive Order declaring a “public health emergency” giving her administration broad powers to deal with the coronavirus . The governor urged people to avoid public gatherings, sanitize common surfaces and minimize contact with other individuals, even if it means staying home from church or going out less often in order to slow transmission of the virus.

On March 12, New Mexico Health Secretary Kathy Kunkel announced a ban on public mass gatherings of 100 people or more, as the state’s efforts to slow the spread of the coronavirus rapidly intensified. The ban announced applies to facilities such as auditoriums, stadiums, arena, large conference rooms, meeting halls, theaters, or any other confined indoor or outdoor space. The ban was later modified to prevent gatherings of more than 5 and require social distancing of 6 feet.

https://www.abqjournal.com/1430774/nm-health-secretary-issues-ban-on-large-public-gatherings.html

On April 30, Governor Michelle Lujan Grisham announced that she was extending the quarantine orders another two weeks to May 15. The order was set to expire May 1. Governor Michelle Lujan Grisham extended and the announced closures of all “non-essential” businesses statewide until May 15. The mandated closures included all retail stores, including malls, offices, work-spaces, retailers, except curbside-delivery will be allowed, dine-in restaurants and bars, except curbside-delivery, liquor establishments, malls, gyms, barber shops and salons, theaters and the 14 day quarantine order for out-of-state airport travelers Social distancing was mandated as was the limitation of people gathering to 5 or less.

You can read more the Executive Orders here:

https://www.governor.state.nm.us/wp-content/uploads/2020/03/COVID-19-DOH-Order-fv.pdf

http://www.rld.state.nm.us/uploads/PressRelease/b88957513a09474898000e52177885b3/UPDATED_DOH_PHO.pdf

ACCELERATED EFFORTS TO FIND A VACCINE

News agencies are reporting that the medical research to find a vaccine for the corona virus is being expedited by medical researchers, and a vaccine just may be a few months away.

According to the Milken Institute, an independent economic think tank in California, there are currently more than 40 clinical trials around the word attempting to find a vaccine for the corona virus. A joint $1 billion collaboration agreement has been announced by the U.S. government and Johnson & Johnson on March 30 to develop a vaccine. The approaches are varied, but all involve training the body’s immune system to recognize and remember the virus and produce antibodies to fight the disease.

https://news.harvard.edu/gazette/story/2020/04/harvards-coronavirus-vaccine-efforts/

A vaccine would normally take years, if not decades, to develop. Researchers hope to achieve the same amount of work in only a few months. Most experts think a vaccine is likely to become available by mid-2021, about 12-18 months after the new virus, known officially as Sars-CoV-2, first emerged. That would be a huge scientific feat and there are no guarantees it will work.

https://www.bbc.com/news/health-51665497

MOST NOTABLE ACT OF DEFIANCE RESULTS IN NM SUPREME COURT COMPLIANCE ORDER

The most notable act of defiance thus far has come from Democrat Grants Mayor Martin Hicks, who has reopened city hall and ordered city workers back to work. On Monday, April 27, Hicks vowed in defiance to allow all small businesses in Grants to reopen and he encouraged businesses in his city to defy the governor’s orders and reopen to the public. Governor Lujan Grisham for her part said the mayor’s plan makes “absolutely no sense whatsoever” and warned that State Police would continue enforcing the health orders.

When asked about possible legal action against him, Hicks said:

“Bring it on baby, she is violating the Constitution of the United States of America and if she writes me a ticket I am going to sue her. I’m not going to sue her in state court, I’m going to sue her in federal court, where the U.S. Attorney General can look at it.”

https://www.cibolacitizen.com/breaking-news-news/mayor-determined-stand-his-ground

Mayor Hicks was given a cease and desist order by the New Mexico Attorney General and the Attorney General took the matter to New Mexico Supreme Court. On April 30, the New Mexico Supreme Court ordered Grants Mayor Martin “Modey” Hicks to comply with the state’s emergency public health orders and to obey the state’s pandemic-related restrictions on business operations. If Mayor Hicks fails to honor the Supreme Court orders, he could wind up jailed for contempt of court and the Attorney General could seek his removal from office.

NEW MEXICO REPUBLICANS MAKE CONSTITUTIONAL ARGUMENTS

On Tuesday, April 28, New Mexico House Republican legislators sent a letter to the Governor urging her to accelerate the lifting of restrictions and also made arguments that the Governor exceeded her authority. They argued that many businesses won’t survive if restrictions last through mid-May. They also said New Mexicans are growing restless and may take matters into their own hands. The lawmakers wrote there is a need “to keep the situation from devolving into social chaos.”

In a conference call with the media to release the letter, the New Mexico Republican law makers went so far as to suggest that civil unrest and “social chaos” will soon occur if the state is not reopened for business soon. Republican House Minority Whip Rod Montoya of Farmington told reporters that the state needs to avoid a “Kent State situation”. Kent State was where the Ohio National Guard shot Viet Nam war protesters in 1970.

TRUMP INCITES INSURRECTION AND CIVIL DISOBEDIENCE

President Donald Trump has gotten into the act of promoting civil disobedience like that of Mayor Hicks against Governor Lujan Grisham. On April 17, in a dangerous series of tweets, President Trump incited citizen insurrection against the duly elected Democratic governors of the states of Michigan, Minnesota and Virginia where the Governors are doing their best to “flatten the curve” of the pandemic with little or no help from Trump. One day after Trump issued guidance for re-opening America that clearly deferred decision-making to the Governors of the states, Trump undercut his own guidance by calling for criminal acts against the Democratic governors for not opening fast enough.

Trump tweeted, “LIBERATE MINNESOTA!” followed immediately by “LIBERATE MICHIGAN!” and then “LIBERATE VIRGINIA, and save your great 2nd Amendment. It is under siege!” The day before there were demonstrations in Michigan where armed protesters surrounded the state capitol building in Lansing chanting “Lock her up!” in reference to Democratic Governor Gretchen Whitmer, and “We will not comply,” in reference to her extension of the state’s coronavirus-related stay-at-home order. Smaller armed groups protested on the state capitol grounds in Richmond, Virginia, and outside the governor’s mansion in St. Paul, Minnesota.

https://www.washingtonpost.com/outlook/2020/04/17/liberate-michigan-trump-constitution/

On Monday, May 11, President Trump accused without evidence Democratic Governors of moving to reopen their states too slowly amid the coronavirus pandemic to hurt his chances of reelection. In a tweet, Trump singled out the battleground state of Pennsylvania, where officials in four counties are threatening to defy Gov. Tom Wolf’s stay-at-home order, which was extended for most of the state through June 4. Trump tweeted:

“The great people of Pennsylvania want their freedom now, and they are fully aware of what that entails. … The Democrats are moving slowly, all over the USA, for political purposes. They would wait until November 3rd if it were up to them. Don’t play politics. Be safe, move quickly!”

A recent Yahoo News/YouGov poll found 59% of Americans believe states such as Georgia, Florida, Minnesota and Texas are “moving too fast” to reopen. while only 33% say the pace is “about right.” Just 8% say it’s “too slow.” Public health experts, including members of the White House coronavirus task force, have warned that reopening too soon could lead to more death and economic damage. Trump has acknowledged that “there will be more death” as states move to relax their stay-at-home mandates in the coming months.

https://sports.yahoo.com/trump-pennsylvania-coronavirus-reopening-death-know-what-that-entails-161047736.html

GOVERNOR GETS HIGH MARKS FOR HANDLING PANDEMIC

On Apr 24, 2020, “The Majority Institute – Public Policy Polling” released its newest New Mexico survey. It found that Governor Michelle Lujan Grisham has a 62% approval rating for her handling of the coronavirus, to only 26% who disapprove for a net +36 rating.

Lujan Grisham secured overwhelming support from both Democrats (83% to 9%) and independents (60% to 28%) for her handling of the virus and received good marks from 32% of Republicans as well. 63% of voters in the state think the state’s response to the coronavirus has been ‘about right.’ Only 27% think it’s overreacting.

By contrast just 35% of voters think the federal response to the virus has been about right, with 49% saying that the Trump administration’s response has been an under reaction. Lujan Grisham’s overall approval rating shows a high degree of popularity, with 59% approving and just 32% disapproving of the job she’s doing. By contrast Trump has only a 40% approval rating, with 56% of voters disapproving of him.

https://majorityinstitute.com/latest/lujan-grisham-bests-trump-51-points-coronavirus-response?fbclid=IwAR096gVrXyx0nfAiOKOE7Jb7DF_IVKT9OVxEoB4p6bN1x60TyQcwHXo0xCA

CONSTITUTIONAL ARGUMENTS MADE AGAINST PUBLIC HEALTH ORDERS

Five major arguments have been made that the Governor’s Executive Orders violate rights protected by the United States and State Constitutions:

1. Executive Orders are not law and only a legislative body can enact laws and prescribe remedies under those laws enacted. According to this argument, Executive Orders are not law over the “private citizen” and an Executive Order only has force and effect of law within the executive branch and all agencies in that branch.

2. Executive Orders mandating the closure of gun stores violate the Second Amendment right to bear arms under the United State Constitution.

3. Executive Order mandating the closure of businesses violates a person’s Fourth Amendment right under the United State Constitution against unreasonable search and seizure and that property can only be seized with a court approved warrant. According to one argument offered, a seizure in not just the physical property but includes prohibiting the labor people who own the business and the loss of income from the closure of the business. A “seizure” of property occurs when “there is some meaningful interference with an individual’s possessory interests in that property.” United States v. Jacobsen, 466 U.S. 109, 113 .

4. Executive Order mandating the closure of businesses violates the 14th Amendment of the United States constitution by depriving “any person of life, liberty and property, without due process of law.

5. Executive Orders deprive citizens of “equal protection” under the law and no special privilege, under law can be given to one entity, person or business, that does not give equally to all others. Where one business is order closed by law enforcement, while a similar business selling merchandise is allowed to stay open, the closed business is deprived of equal protection under the law.

COMMENTARY AND ANALYSIS

The blunt truth is that virtually all the listed 5 constitutional arguments made against the Governor’s Public Health Executive orders are outright wrong or seriously misplaced with application. The United States Supreme court has said in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do.

US SUPREME COURT HAS RULED IN PAST GOVERNMENT CAN ORDER MANDATORY VACCINATION

Given Trump’s and the GOP’s denial of scientific and medical research, such as in their denial of global warming, it is highly likely that it will not matter to them if a vaccine is developed for the corona virus. Trump himself did not take the warnings of the pandemic seriously when told of it repeatedly for 3 months and he even refuses to wear a protective mask. Trump did nothing to prepare the country for the pandemic which resulted in the country being totally unprepared for it. Trump also wanted the virus to run its course believing it would pass within a few months.

If Trump and the Republicans are still in power after the 2020 November general election, it is doubtful they will compel mandatory vaccination if in fact a vaccine is developed for the corona virus, even though there is historical precedent where the United State Supreme has ruled that the government has the authority to order vaccination of the public to curb disease. Trump will no doubt promote civil disorder once again for his base to resist vaccinations and perhaps Steve Pierce, Sheriff Mace and Mayor Hicks will do the same in New Mexico.

The first legal precedent where it was held government can mandate vaccinations dates backs to 1905 during the small pox epidemic. In the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), the Supreme Court upheld the authority of states to enforce compulsory vaccination laws. The United States Supreme Court upheld the authority of Cambridge, Massachusetts, to require smallpox vaccinations when a Massachusetts minister refused to get a vaccination for the disease.

The US Supreme Court’s decision was that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state. The court ruled that the state did have a right to legally require the vaccinations with the United State Supreme Court coming down in favor of state governments being allowed to mandate vaccinations so long as it is reasonable to protect the public health, safety and welfare of citizens.

EXECUTIVE ORDERS CAN BE ISSUED TO THE EXTENT ALLOWED BY LEGISLATIVE BRANCH

In 1952, the United States Supreme Court ruled in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the authority to issue executive orders is whatever authority the legislative branch gives to the executive.

On April 8, 1952, to avert a nationwide strike of steel workers, which he believed would jeopardize national defense, President Harry Truman issued an Executive Order directing the Secretary of Commerce to seize and operate most of the steel mills in the United States. The Executive Order was not based upon any specific statutory authority. It was based generally upon all powers vested in the President by the Constitution and laws of the United States and as President of the United States and Commander in Chief of the Armed Forces.

The Secretary of Commerce issued an order seizing the steel mills and directing their presidents to operate them as managers for the United States. The steel companies sued the Secretary of Commerce in Federal District Court asking for a “declaratory judgment” and an injunction to prevent the Secretary of Commerce from enforcing Truman’s Executive Order.

The United States Supreme Court ruled that the President’s power, if any, to issue such an emergency orders must stem either from an act of Congress or from the Constitution itself . The United States Supreme Court ruled that Truman’s Executive Order was not authorized by the Constitution nor laws of the United States. There was no congressional statute which expressly or implicitly authorized the President to take possession of the steel mills.

The power Truman sought was found by the Supreme Court to be and exercise of lawmaking power, which the Constitution vests in the Congress alone. Absent congressional authority granted by statute, or a provision in the Constitution, the President of the United States has no inherent power to assume the role of lawmaker in times of emergency. In other words, the power of the President and by extension state governors to issue executive orders is whatever power the congress or the state legislators gives to them.

Since the 1952 Supreme Court ruling, Congress has enacted many laws giving the President executive order authority to take action. A good example is the Defense Production Act. Trump has invoked the Defense Production Act (DPA). Invoking this act gave Trump broad authorities to order domestic manufacturing industries to make products the nation needs in a time of crisis, such as masks and ventilators. The DPA was is modeled after the laws from 1941 and 1942 that gave the White House the ability to tell private companies what to make for war time Ford Motor Company made nearly 300,000 vehicles, including tanks, for World War II.

NEW MEXICO LEGISLATURE HAS EMPOWERED GOVERNOR

In New Mexico, the legislature has empowered the Governor issue the executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic with the enactment of the Public Health Emergency Response Act. On March 11, Governor Michelle Lujan Grisham became the first New Mexico Governor to invoke the 2003 Public Health Emergency Response Act (PHERA), issuing an Executive Order declaring a “public health emergency” giving her administration broad powers to deal with the coronavirus.

The link to the New Mexico statute is here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

You can read the Executive Orders here:

https://www.governor.state.nm.us/wp-content/uploads/2020/03/COVID-19-DOH-Order-fv.pdf

http://www.rld.state.nm.us/uploads/PressRelease/b88957513a09474898000e52177885b3/UPDATED_DOH_PHO.pdf

PATHETIC GRANDSTANDING

The actions of Democrat Grants Mayor Martin “Modey” Hicks vowing in defiance to allow all small businesses in Grants to reopen is about as pathetic as it gets seeing as he does not have that authority and the Governor does. The interviews Mayor “Modey” Hicks gave to the news media looked like that of an unhinged fool of New Mexico proportions. His confrontation with a constituent taking issue with him said it all and can be viewed here:

https://www.kob.com/new-mexico-news/emotions-run-high-as-mayor-of-grants-defies-governors-order-allows-businesses-to-reopen/5711810/

It appears that Republican lawmakers and Republican Chairman Steve Pearce cannot handle the fact that Governor Lujan Grisham is getting high marks for her handling of the pandemic by the public. The Governor has said that it’s time for New Mexico to consider slowly relaxing its restrictions even though she has extended the current public health orders through May 15, yet Pearce and Sheriff Mace want the United States Attorney General to interfere with state’s rights. Governor Lujan Grisham has made it clear that her administration is working on detailed plans for reopening the state in phases.

But none of that matters to the Republican law makers nor to Pearce and they could not care less. Both Steve Pearce and New Mexico Republican House leadership choose to promote a right-wing agenda more concerned about commerce and profits and not people’s lives nor the public health, safety and welfare. Steve Pearce made it clear that making money “Trumps” life when he wrote in part to Barr that the Governor’s orders interfere with the “right to conduct free commerce.” They apparently want to reopen the state sooner rather later for business too soon and risk another spike or another wave of reported corona virus cases.

CONCLUSION

Cool heads must prevail during these very difficult times, but the antics of some elected officials, such as Democrat Grants Mayor Martin “Modey” Hicks Mayor and the Republican House leadership shows the opposite. It was totally irresponsible for the Republican law makers to say civil unrest and “social chaos” will soon occur if the state is not reopened for business soon.

The Republican elected officials and Republican Party Chairman Steve Pearce ignore that New Mexico citizens and businesses are in fact doing their very best to honor the restrictions placed upon them and are making the sacrifice to ensure the state does not re open too soon.

Republican State Chairman Steve Pearce and Sheriff Mace need to “shut the front door” and get the hell out of the way and let the Governor lead and exercise the authority she has been given by the legislature. New Mexico lives are at stake.

For a related blog article see:

Political Grand Standing At Its Worst By Elected Republicans; Gov. MLG Gets High Marks; Mistake For Economic Recovery Council Not To Be Open To Public

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

For this year’s fiscal year 2019-2020 which ends on June 30, 2020, APD has an approved general fund budget of $188.9 million dollars, which represents an increase of 10.7% or $18.3 million above last year’s budget. According to the approved budget, APD has 1,560 approved full-time positions with 1,040 sworn police budgeted positions and 520 budgeted civilian positions. The links to city hall budgets are here:

http://documents.cabq.gov/budget/fy-19-approved-budget.pdf (Page 209)

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

2020-2021 OPERATING BUDGET ENACTED

On April 13, 2020, on a unanimous vote of 9-0, the Albuquerque City Council enacted R-20-31 which is the city’s operating budget for fiscal year 2020-2021. The City Council’s operating budget, R-20-31, enacted is a “bare bones budget” resolution consisting of only 7 pages of line item appropriations for each of the city departments. There is no explanation or elaboration on the actual use of the millions appropriated in the budget. No public hearings were conducted that would have allowed comment and input from the public. The 2020-2021 APD operating budget goes into effect on July 1, 2020 and ends June 31, 2021. The City Council can still decide to follow the normal process and have the Keller Administration submit a “performance based” budget and conduct public hearings.

APD STRUCTURE AND PERSONNEL

The Albuquerque Police Department (APD ) has five major bureaus:

1. The Field Services Bureau
2. Investigative Bureau
3. The Compliance Bureau
4. The Administrative Support Bureau
5. The Support Services Bureau

Each bureau has a Deputy Chief appointed by the APD Chief of Police

APD divides the city into six geographical areas called “area commands.” Each area command is managed by an APD Commander (formerly called Captains) and staffed with between 82 and 119 officers, depending on size of the area command and level of calls for service. All officers are dispatched through the police communications operators by calling (505) 242-cops for non-emergency calls or 911 in an emergency.

APD also has 3 divisions that are separate from the other divisions and they are:

1. The Bike Patrol
2. Operations Review
3. Others

https://www.cabq.gov/police/contact-the-police/area-commands

On August 1, 2019, the Albuquerque Police Department (APD) issued what it entitled “Staffing Snapshot” providing a report on the number of sworn police officers APD has and where they have been assigned. This is the most recent “snapshop” available, the actual numbers may have changed. According to the report, APD has a total of 972 sworn officers with 600 officers in the field patrolling 6 area commands and neighborhoods in 3 seperate shifts. The snapshot does not account for time delays from Human Resources and Payroll that have effective dates into the futur and it does not account that APD had spring graduating class and it has been reported that it now has upwards of 1,000 sworn police.

TOTAL SWORN APD STAFFING

The staffing of APD by sworn polic officers is as follows:

FIELD SERVICES BUREAU — TOTAL STAFFING: 600

The field service bureau’s primary function is to provide uniformed police officers throughout the city and at the six police substations and area commands. Officers assigned to field services handle calls for service and patrol the area commands in 3 separate shifts. These are the sworn police in uniform that are on the front line of law enforcement dealing with hundreds of thousands of calls for service a year. This is where the “rubber hits the road” when it comes to keeping neighborhoods safe and community-based policing. The number of sworn officers assigned to each area command is somewhat fluid and based on the number of calls for service in the area command. Area commands with higher crime rates have always had far more officers assigned than those that have lower crime rates. One Deputy Police Chief is appointed to oversee and manage the Field Services Bureau.

AREA COMMAND STAFFING LEVELS

There are 6 area commands. Following is a breakdown of sworn police assigned to each one of the area commands:

SOUTHWEST AREA COMMAND: 58 Patrol Officers, 1 Commander, 3 Lieutenants, 7 Sergeants

The Southwest Area Command is bordered by Interstate 40 the north, the Rio Grande to the east, the South Valley to the south, and Albuquerque city limits to the west.

VALLEY AREA COMMAND: 67 Patrol Officers , 1 Commander, 3 Lieutenants, 6 Sergeants, 2 School Resource Officers

The Valley Area Command is bordered by the Albuquerque city limits to the north and south, Interstate 25 to the east, and the Rio Grande, Los Ranchos de Albuquerque, and the North Valley to the west. This Area Command has an extensive history of having the second highest crime rates in the City.

SOUTHEAST AREA COMMAND: 89 Patrol Officers, 4 Lieutenants, 9 Sergeants, 2 School Resource Officers

The Southeast Area Command is bordered by Interstate 40 to the north, Eubank Boulevard to the east, Kirtland Air Force Base and Albuquerque city limits to the south, and Interstate 25 to the west. This Area Command has an extensive history of having the highest crime rates in the city. Following is the staffing reported:

NORTHEAST AREA COMMAND: 78 Patrol Officers, 1 Commander, 3 Lieutenants, 8 Sergeants, 2 School Resource Officers

The Northeast Area Command is bordered by Albuquerque city limits to the north, Eubank Boulevard to the east, Interstate 40 to the south, and Interstate 25 to the west. This Area Command has a more recent history of increasing crime rates in the city, especially residential break-ins and robberies. Following is the staffing reported:

FOOTHILLS AREA COMMAND: 57 Patrol Officers, 1 Commander, 2 Lieutenants, 8 Sergeants, 3 School Resource Officers

The Foothills Area Command is bordered by San Antonio NE to the north, the Sandia Foothills to the east, Kirtland Air Force Base to the south, and Eubank Boulevard to the west. This Command Area has some of the lowest crime rates in the City. Following is the staffing reported:

NORTH WEST AREA COMMAND:59 Patrol Officers, 1 Commander, 3 Lieutenants, 7 Sergeants, 1 School Resource Officers
The Northwest Area Command is bordered by Albuquerque city limits to the west and north, the west bank of the Rio Grande to the east, and Interstate 40 to the south. This Command Area has some of the lowest crime rates in the City.

OTHER BUREAU STAFFING AREAS

Following is the breakdown of staffing in the remaining bureaus and units of APD:

INVESTIGATIVE BUREAU – TOTAL STAFFING: 173

The Investigative Bureau consists of Criminal Investigations Division, the Special Investigations Division, Scientific Evidence Division and the Real Time Crime Center. This bureau deals primarily with the completion of felony investigations and prepares the cases, including evidence gathering and processing scientific evidence such as DNA, blood and fingerprints, for submission to prosecuting agencies, primarily the Bernalillo County District Attorney’s Office. Units in the bureau include homicide and auto theft. Following is the staffing reported:
142 Detectives, 1 Deputy Chief, 3 Commanders, 6 Lieutenants, 10 Sergeants

COMPLIANCE BUREAU – TOTAL STAFFING: 61 (40 Detectives, 1 Deputy Chief, 3 Commanders, 1 Deputy Commander, 6 Lieutenants, 10 Sergeants)

The Compliance Bureaus consists of the Internal Affairs Professional Standards Division, Policy and Procedure Division, Accountability and Oversight Division, Internal Affairs Force Division and the Behavioral Health and Crisis Intervention Section. One of the major concentrations of this bureau is the ongoing cooperation with the Department of Justice (DOJ) consent decree (CASA) and its implementation of its terms and conditions. Internal Affairs deals with investigation police misconduct cases. Crisis Intervention deals with the crisis intervention teams who deal with the mentally ill. Policy and Procedures deals with the review and writing of standard operating procedures.

SUPPORT SERVICES BUREAU – TOTAL STAFFING: 116 (68 Officers, 1 Deputy Chief, 2 Commanders, 8 Lieutenants, 20 Sergeants, 6 Cadets/Pre-hires)

The Support Services Bureau is comprised by the Homeland Security and Special Events Division, the Metro Traffic Division, the Records Division, the APD Police Academy, and the Public Safety Districts such as the Downtown Public Safety Division.

ADMINISTRATIVE SUPPORT BUREAU – TOTAL STAFFING: 43 (34 Officers, 1 Deputy Chief, 1 Commander, 2 Lieutenants, 4 Sergeants)

This bureau provides clerical, secretarial, administrative, budgetary preparation and grant application support to the entire APD Department.

SPECIAL OPERATIONS AND TACTICAL UNIT – TOTAL STAFFING: 30 (24 Officers, 1 Commander, 2 Lieutenants, 3 Sergeants)

This unit consists of the Special Weapons and Tactics Unit (SWAT). SWAT is trained to deal with situations of unusual danger, especially when requiring aggressive tactics or enhanced firepower, as in rescuing hostages, thwarting terrorist attacks or assassinations, and subduing heavily armed suspects.

BIKE PATROL- TOTAL STAFFING: 16

The bike patrol is what the name implies: Uniformed police ride on bikes an patrol the areas assigned to show a police presence such as in the Downtown Central Area, the City Plaza and Nob Hill. A total of 16 officers are assigned to the Bike Patrol.

OPERATIONS REVIEW: TOTAL STAFFING 16 (7 Officers, 4 Lieutenants and 5 Sergeants)

Police operations is generally defined as standard operating procedures, review of job duties, responsibilities, and activities that law enforcement agents complete in the field.

OTHER SWORN POLICE: TOTAL STAFFING 51

There are 41 APD recruits, laterals and sergeants assigned to on-the-job training.
10 sworn APD are assigned to Metro Court officers to provide security to the Metropolitan Court and Mayor’s security detail that provides protection to the Mayor and security to the Mayor’s Office.

https://www.kob.com/albuquerque-news/apd-staffing-numbers-how-many-officers-are-in-your-neighborhood-/5449523/?cat=500

GROWING APD

Since Mayor Tim Keller has taken office on December 1, 2017, APD has added 116 sworn police officers to the force. APD’s goal is to spend $88 million dollars starting in the 2018-2019 fiscal year, over a four-year period, with $32 million dollars of recurring expenditures, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers.

The massive investment is being done in order to full fill Mayor Tim Keller’s 2017 campaign promise to increase the size of APD return to community-based policing as a means to reduce the city’s high crime rates and to implement the Department of Justice mandated reforms under the CASA. 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.

APD 2020-2021 OPERATING BUDGET

Following is the 2020-2021 Albuquerque Police Department (APD) line item budget enacted by the City Council on March 16, 2020 without any budget hearings:

ADMINISTRATIVE SUPPORT: $18,835,000. This funding is presumably for the Administrative Support Bureau which includes case management reports, clerical staff, the forensic lab and police dispatch (911).

INVESTIGATIVE SERVICES: $45,622,000. This funding is presumably for the Investigative Bureau and various specialized detective units.

NEIGHBORHOOD POLICING: $104,730,000. The funding is presumably for the Field Services Bureau and 640 sworn police, assigned to 3 shifts and the 6 area commands for community-based policing

OFF-DUTY POLICE OVERTIME: $2,225,000. This funding is to pay for police overtime and for years the actual funding has always exceeded budget and has approached $10 to $14 Million a year.

PRISONER TRANSPORT: $2,423,000. This funding is used to transport all arrestees to the Westside Jail and presumably part of the Support Services Bureau.

PROFESSIONAL ACCOUNTABILITY: $34,042,000. This funding is essentially funding for the Compliance Bureau and the 5 divisions it consists of and includes APD Academy training associated with the Department of Justice Consent Decree reforms and enforcement.

TOTAL APD OPERATING BUDGET: $207,877,000

APD REQUIRED STAFFING FOR DOJ CONSENT DECREE

According to the August 1, 2019 “Staffing Snapshot”, the Compliance Bureau has total staffing of 61 sworn police consisting of 40 Detectives, 1 Deputy Chief, 3 Commanders, 1 Deputy Commander, 6 Lieutenants, 10 Sergeants. The Professional Accountability budget line item is essentially for and the Compliance Bureaus consisting of the Internal Affairs Professional Standards Division, Policy and Procedure Division, Accountability and Oversight Division, Internal Affairs Force Division and the Behavioral Health and Crisis Intervention Section and includes funding for training provided by the APD Academy for constitutional policing practices.

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

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

ANALYSIS AND COMMENTARY

The most critical functions of the Albuquerque City Council is the oversight authority over city finances, all appropriations, the job performance of the various departments and enacting a balanced budget. The oversight authority includes having public hearings on the city’s budget to allow public the opportunity to give input on how the city spends taxpayer money. Further, the budget process is critical to force all city departments to justify their budgets and to adjust department’s budgets as the need mandates it.

The City Budget is a “performance based” budget where each department prepares an analysis of accomplishments from the previous years. The statistics and accomplishment analysis are submitted to the City Council in the Mayor’s proposed budget. Normally, a massive detailed budget analysis document, called the Mayor’s Proposed Budget, is submitted along with the enabling legislation making the city budgetary appropriations. The council, acting as a committee as a whole, normally schedules and conducts hearings on each of the City Departments, but that did happen this year.

The approach to enact the 2020-2021 city budget was a dramatic departure from all previous years. The 2020-2021 city budget was sponsored by Council Isaac Benton at the request of the Keller Administration. What this means is that the 7-page line item budget resolution was actually prepared by the Keller Administration and not by City Council Services. The 2020-2021 budget year does not begin until July 1, 2020, yet the city council felt it was necessary to enact an operating budget on April 13, without any public hearings.

The City Council was essentially too damn lazy to hold any hearings on the budget enacted and refused to exercise their budgetary oversight authority and chose to ignore the general public. Not a single hearing on the APD 2020-2021 budget nor any other Department budget, was convened by the City Council. The City Council President tried to justify the council’s failure to have hearings by saying that the budget enacted was a “month to month” budget which was an outright falsehood. When you read the resolution itself, millions are appropriated to each department reflecting funding for the entire year and there is no mention of “month to month” allocations. Further, city government cannot operate on “month to month” appropriation and is mandated to operate based on a fiscal year budget and it must be a balanced budget by law with no deficit spending allowed.

The Albuquerque City Council also plays a crucial oversight role of the Albuquerque Police Department (APD) including controlling its budget. Another critical responsibility of the City Council is to demand that APD be in compliance with the Department of Justice (DOJ) Court Approved Settlement Agreement mandated reforms. Each time the Federal Court appointed Monitor presented his critical reports of APD to the City Council, the City Council has essentially remained silent. Over the last 5 years, the City Council has declined to demand accountability from both Mayors and hold the APD command staff responsible for dragging their feet on the reforms.

The City Council has now enacted a $207,877,000 million dollar APD operating budget without any questions or budget hearings that includes a whopping $34,042,000 for CASA mandated functions, 61 sworn police to enforce the CASA mandates. The $207 million dollar plus APD budget ostensibly does not include the additional millions being paid to the Federal Monitor whose only function is to compile data and who has no management nor control over APD and who can not order or make changes within APD to get the department into compliance with the reforms.

The Court Approved Settlement Agreement was negotiated to be fully implemented within 4 years and after a full two years of compliance, the case is supposed to be dismissed. It has now been over 5 years and pushing 6 years since the settlement with the DOJ was negotiated. The $34 million plus line item contained in the 2020-2021 budget for Professional Accountability and the 61 sworn police assigned to enforce the CASA reforms demands a full explanation as to why complete compliance with the CASA has not been achieved by the APD command staff after a full 5 years. Without the holding of public hearings on the APD budget enacted, there is no way for the council nor the public to get a detailed explanation why the Keller Administration is still having problems with the Department of Justice Consent Decree.

The biggest complaint of all the DOJ consent decrees in the country is implementation and enforcement “go on and on” for years, costing millions in taxpayer dollars. It appears that is what happening in Albuquerque courtesy of the Albuquerque City Council. Apparently, the Albuquerque City Council is not even remotely curious as to why another $34 million dollars is needed for another one year for APD’s compliance bureau believing it’s easier to rush a budget and not do their job of oversight.

The 2020-2021 enacted operating budget goes into effect on July 1, 2020. The only decent thing to do at this point is for the City Council to go ahead and convene a few “committee of the whole meetings” and demand the Keller Administration to at least give an overview of how and where taxpayer money will be used and discuss their plans as to where the budget will be modified if at all.

For related blog articles see:

Federal Monitor Files 11th Compliance Audit Report Of APD Reforms; “Counter Casa Effect” Still Problematic; Order 100% Operational Compliance Within 6 Months Or Replace Chief Or Deputy Chiefs To Get Job Done

ABQ City Council Enacts 2020-2021 Operating Budget Without Public Hearings; City Faces Major Deficit, Budget Cuts And Furloughs; Hopes Pinned On Federal Bail Out And Economy Rebound